scholarly journals Regional Head Election (Pilkada) Dispute Settlement in the Perspectives of Sociology of Islamic Law

AL- ADALAH ◽  
2019 ◽  
Vol 16 (1) ◽  
pp. 207-224
Author(s):  
M Wagiyanto
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Islamic Law ◽  
The Other ◽  
Historical Documents ◽  
Islamic History ◽  
Alternative Concept ◽  
The World ◽  
The One

This article presents an alternative concept of resolving disputes over Regional Head Elections (Pilkada) from the perspectives of the sociology of Islamic Law. The aim is to find the possibility of obtaining better alternative dispute esolutions that meet the feelings of justice of the parties. Up to now, Pilkada dispute resolution always took the path of litigation (court), which ended in victory on the one side and defeat on the other side. Rarely, if ever, there is a dispute settlement that takes a non-litigation path to get a win-win solution. Even though there were no historical documents found in Islamic history on the Regional Head elections; But the absence of the document does not necessarily mean that Islam has no concept that can be used to solve humanitarian problems. As a religion characterized by rahmatan lil alamin (peace upon the world), Islam has a concept that can be applied to resolve disputes that refer to some principles originating from Syari'ah arguments, namely: al-Qur'an, al-Sunnah, Ijmā’ (agreement of the scholars), Qiyās (analogy), Maslahah Mursalah (benefit of society), and ‘Urf (community tradition).

Conclusions to Part II

2019 ◽  
pp. 161-166
Author(s):  
Sivan Shlomo Agon
Keyword(s):  
World Trade ◽  
Goal Attainment ◽  
Dispute Settlement ◽  
The Other ◽  
Appellate Body ◽  
Wto Dispute Settlement ◽  
Rule Compliance ◽  
The World ◽  
Dispute Settlement System ◽  
The One

When asked what, if anything, distinguishes US-Clove Cigarettes from other disputes filed with the World Trade Organization (WTO) Dispute Settlement System (DSS), an Appellate Body (AB) Secretariat staff member replied: ‘A number of things and nothing at the same time’.1 This answer aptly captures the story of trade-and disputes and the DSS’s goal-attainment patterns in such cases, as revealed in this second part of the book. On the one hand, as in all WTO disputes, the DSS appears to be engaged in this class of cases in the routine legal exercise of law application and interpretation while pursuing its multiple goals, including rule-compliance and dispute resolution. On the other hand, as a WTO practitioner remarked when discussing the ‘interpretative exercise’ carried out by the DSS in trade-and disputes:...

scholarly journals PEMBATALAN PUTUSAN BADAN PENYELESAIAN SENGKETA KONSUMEN MELALUI PENGADILAN NEGERI

2020 ◽  
Vol 3 (2) ◽  
Author(s):  
Darwis Manurung
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
The Other ◽  
District Court ◽  
Know How ◽  
Resolution Process ◽  
Dispute Resolution Process ◽  
The Republic ◽  
The One

Abstract Litigation dispute resolution is the settlement of a dispute through a court which results in a win and lose decision. The decision gives the one party wins and the other party loses. Non-litigation dispute resolution is the settlement of a dispute outside the court where it produces a win-win solution.Based on the Decree of the Minister of Industry and Trade of the Republic of Indonesia Number: 350 / MPP / Kep / 12/2001 concerning Implementation of Duties and Authorities of the Consumer Dispute Settlement Agency Article 3 Letter a states that the dispute resolution process in BPSK can be pursued in three ways, namely by means of Conciliation, Mediation or Arbitration. Through these three ways of resolving it is expected to produce a decision that provides a win-win solution for the parties. However, it is inevitable that in reality not all decisions made by BPSK with this arbitration will give satisfaction to the parties.The purpose of writing this paper is to find out the authority of the District Court to cancel the BPSK Decision and also know how to file an objection to the BPSK Decision.The authority of the District Court to cancel the BPSK Arbitration verdict is based on Article 58 UUPK and Article 41 paragraph (3) Decree of the Minister of Industry and Trade of the Republic of Indonesia Number 350 / MPP / Kep / 12/2001.

PENYELESAIAN SENGKETA NON-LITIGASI DALAM SEJARAH PERADABAN ISLAM

Mahakim ◽  
2017 ◽  
Vol 1 (2) ◽  
Author(s):  
Ririn Noviyanti
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Islamic Law ◽  
Descriptive Study ◽  
Islamic History ◽  
Historical Approach ◽  
The Third ◽  
Qualitative Descriptive ◽  
Dispute Settlements

Dispute settlements have two form, litigation and non-litigation. Some options as an alternative dispute resolution non-litigation include mediation, negotiation and arbitration. alternative dispute resolution has long been practiced in Islam to solve the problems. This qualitative-descriptive study uses a socio-historical approach that examines and analyzes the practice of alternative dispute resolution in general, and mediation, negotiation, arbitration in particular. This study aims to discuss the theory of non-litigation dispute resolution and its application in various areas of life in the classical Islamic era. The key issue explored in this research is how to implement non-litigation dispute resolution practices in Islamic history and the event that they are used. The conclusions of this study are; first, the practice of alternative dispute resolution has been done in the classical Islamic era on the event of retaking the Hajar Aswad by using the method of mediation. Second, the practice of negotiation on the event of the beginning of the Hudaibiyah treaty and the third, the practice of arbitration (tahkīm) on events involving Muawiyah and Ali bin Abi Talib in the battle of Shiffin. Keywords: Dispute Settlement, Non-Litigation, Islamic Law

scholarly journals Implementasi Hukum Islam di Indonesia dalam Perspektif Siyasah Syar’iyah

Hukum Islam ◽  
2019 ◽  
Vol 19 (1) ◽  
pp. 81
Author(s):  
Maswir Maswir
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Islamic State ◽  
Other Hand ◽  
The People ◽  
The World ◽  
The One

AbstractIslamic law is an inseparable part of Islamic teachings, Islamic law is the solution in all life. Because of all the rules that come from God, the purpose is for the benefit of all the people of Russia. However, in its implementation there are still many problems that arise because of the application of Islamic law itself cannot be applied as a whole. Meanwhile, Muslims are scattered in various parts of the world that are not all in the form of an Islamic state. Of course this raises a big problem, because on the one hand of Islam commands that Muslims implement Islamic law in kaphah, on the other hand there are Islamic teachings that cannot be implemented without the involvement of state institutions.AbstrakHukum Islam merupakan bagian yang tak terpisahkan dari ajaran Islam, Hukum Islam merupakan solusi dalam segala kehidupan. Dikarenakan segala aturan yang berasal dari Allah swt tujuannya adalah untuk kemaslahatan seluruh umat amnusia. Akan tetapi dalam implementasinya masih banyak menimbulkan persoalan disebakan penerapan hukum Islam itu sendiri belum bisa diterapkan secara menyeluruh. Sementara itu, umat Islam tersebar di berbagai penjuru dunia yang tidak semua dalam bentuk negara Islam. Tentu saja hal ini menimbulkan persoalan besar, karena pada satu sisi Islam memerintahkan agar umat Islam melaksanakan syariat Islam secara kâffah, di sisi lain ada ajaran-ajaran Islam yang tidak dapat dilaksanakan tanpa keterlibatan institusi negara.

Indonesian Literature’s Position in World Literature

TEKNOSASTIK ◽  
2018 ◽  
Vol 14 (2) ◽  
pp. 1
Author(s):  
Dina Amelia
Keyword(s):  
World Literature ◽  
The Other ◽  
National Literature ◽  
Western World ◽  
The World ◽  
The One ◽  
The Voice

There are two most inevitable issues on national literature, in this case Indonesian literature. First is the translation and the second is the standard of world literature. Can one speak for the other as a representative? Why is this representation matter? Does translation embody the voice of the represented? Without translation Indonesian literature cannot gain its recognition in world literature, yet, translation conveys the voice of other. In the case of production, publication, or distribution of Indonesian Literature to the world, translation works can be very beneficial. The position of Indonesian literature is as a part of world literature. The concept that the Western world should be the one who represent the subaltern can be overcome as long as the subaltern performs as the active speaker. If the subaltern remains silent then it means it allows the “representation” by the Western.

The Values and Norms of Islam

2010 ◽  
Vol 1 (1) ◽  
pp. 1-19
Author(s):  
Ahmed Akgunduz
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
The Other ◽  
Moral Norms ◽  
Simple Fact ◽  
Value System ◽  
Legal Norms ◽  
Islamic Legal Theory ◽  
The World ◽  
Over Time

AbstractIslamic Law is one of the broadest and most comprehensive systems of legislation in the world. It was applied, through various schools of thought, from one end of the Muslim world to the other. It also had a great impact on other nations and cultures. We will focus in this article on values and norms in Islamic law. The value system of Islam is immutable and does not tolerate change over time for the simple fact that human nature does not change. The basic values and needs (which can be called maṣlaḥa) are classified hierarchically into three levels: (1) necessities (Ḍarūriyyāt), (2) convenience (Ḥājiyyāt), and (3) refinements (Kamāliyyāt=Taḥsīniyyāt). In Islamic legal theory (Uṣūl al‐fiqh) the general aim of legislation is to realize values through protecting and guaranteeing their necessities (al-Ḍarūriyyāt) as well as stressing their importance (al‐ Ḥājiyyāt) and their refinements (taḥsīniyyāt).In the second part of this article we will draw attention to Islamic norms. Islam has paid great attention to norms that protect basic values. We cannot explain all the Islamic norms that relate to basic values, but we will classify them categorically. We will focus on four kinds of norms: 1) norms (rules) concerned with belief (I’tiqādiyyāt), 2) norms (rules) concerned with law (ʿAmaliyyāt); 3) general legal norms (Qawā‘id al‐ Kulliyya al‐Fiqhiyya); 4) norms (rules) concerned with ethics (Wijdāniyyāt = Aḵlāqiyyāt = Ādāb = social and moral norms).

Muslims, Islamic Law, and the Sociopolitical Reality in the United States

2000 ◽  
Vol 17 (2) ◽  
pp. 1-28
Author(s):  
Sherman A. Jackson
Keyword(s):  
Islamic Law ◽  
The United States ◽  
The Other ◽  
Double Consciousness ◽  
American Muslims ◽  
Way Of Life ◽  
Subjective Responses ◽  
Self Image ◽  
The One ◽  
Politics And Law

Native born African-American Muslims and the Immigrant Muslimcommunity foxms two important groups within the American Muslimcommunity. Whereas the sociopolitical reality is objectively the samefor both groups, their subjective responses are quite different. Both arevulnerable to a “double Consciousness,” i.e., an independently subjectiveconsciousness, as well as seeing oneself through the eyes of theother, thus reducing one’s self-image to an object of other’s contempt.Between the confines of culture, politics, and law on the one hand andthe “Islam as a way of life” on the other, Muslims must express theircultural genius and consciously discover linkages within the diverseMuslim community to avoid the threat of double consciousness.

Timber

2018 ◽  
Author(s):  
Christine Cheng
Keyword(s):  
Civil War ◽  
Dispute Resolution ◽  
Charles Taylor ◽  
The Other ◽  
Other Hand ◽  
Forestry Sector ◽  
The Government ◽  
The One ◽  
Timber Market

During the civil war, Liberia’s forestry sector rose to prominence as Charles Taylor traded timber for arms. When the war ended, the UN’s timber sanctions remained in effect, reinforced by the Forestry Development Authority’s (FDA) domestic ban on logging. As Liberians waited for UN timber sanctions to be lifted, a burgeoning domestic timber market developed. This demand was met by artisanal loggers, more commonly referred to as pit sawyers. Out of this illicit economy emerged the Nezoun Group to provide local dispute resolution between the FDA’s tax collectors and ex-combatant pit sawyers. The Nezoun Group posed a dilemma for the government. On the one hand, the regulatory efforts of the Nezoun Group helped the FDA to tax an activity that it had banned. On the other hand, the state’s inability to contain the operations of the Nezoun Group—in open contravention of Liberian laws—highlighted the government’s capacity problems.

scholarly journals Hiketeia

1973 ◽  
Vol 93 ◽  
pp. 74-103 ◽  
Author(s):  
John Gould
Keyword(s):  
Dominant Role ◽  
Ancient Greece ◽  
Social Institutions ◽  
The Other ◽  
Sixth Century ◽  
Dead Body ◽  
Greek Literature ◽  
The World ◽  
The One ◽  
Working Out

To Professor E. R. Dodds, through his edition of Euripides'Bacchaeand again inThe Greeks and the Irrational, we owe an awareness of new possibilities in our understanding of Greek literature and of the world that produced it. No small part of that awareness was due to Professor Dodds' masterly and tactful use of comparative ethnographic material to throw light on the relation between literature and social institutions in ancient Greece. It is in the hope that something of my own debt to him may be conveyed that this paper is offered here, equally in gratitude, admiration and affection.The working out of the anger of Achilles in theIliadbegins with a great scene of divine supplication in which Thetis prevails upon Zeus to change the course of things before Troy in order to restore honour to Achilles; it ends with another, human act in which Priam supplicates Achilles to abandon his vengeful treatment of the dead body of Hector and restore it for a ransom. The first half of theOdysseyhinges about another supplication scene of crucial significance, Odysseus' supplication of Arete and Alkinoos on Scherie. Aeschylus and Euripides both wrote plays called simplySuppliants, and two cases of a breach of the rights of suppliants, the cases of the coup of Kylon and that of Pausanias, the one dating from the mid-sixth century, the other from around 470 B.C. or soon after, played a dominant role in the diplomatic propaganda of the Spartans and Athenians on the eve of the Peloponnesian War.

scholarly journals Two Conceptions of Second Nature

2020 ◽  
Vol 3 (1) ◽  
pp. 68-80 ◽  
Author(s):  
Georg W. Bertram
Keyword(s):  
The Other ◽  
Human Beings ◽  
Open Future ◽  
Second Nature ◽  
Other Hand ◽  
The World ◽  
Cognitive Activities ◽  
The Open Future ◽  
The One ◽  
First Nature

AbstractThe concept of second nature promises to provide an explanation of how nature and reason can be reconciled. But the concept is laden with ambiguity. On the one hand, second nature is understood as that which binds together all cognitive activities. On the other hand, second nature is conceived of as a kind of nature that can be changed by cognitive activities. The paper tries to investigate this ambiguity by distinguishing a Kantian conception of second nature from a Hegelian conception. It argues that the idea of a transformation from a being of first nature into a being of second nature that stands at the heart of the Kantian conception is mistaken. The Hegelian conception demonstrates that the transformation in question takes place within second nature itself. Thus, the Hegelian conception allows us to understand the way in which second nature is not structurally isomorphic with first nature: It is a process of ongoing selftransformation that is not primarily determined by how the world is, but rather by commitments out of which human beings are bound to the open future.

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