ISTINBATH HUKUM MAHAR NON MATERI (JASA) PERSPEKTIF IMAM ABU HANIFAH DAN IMAM SYAFI’I.

2019 ◽  
Vol 20 (1) ◽  
pp. 24-50
Author(s):  
Nur Hadi
Keyword(s):  
Law Enforcement ◽  
Comparative Study ◽  
Comparative Methods ◽  
Data Sources ◽  
Primary Data ◽  
The Status

The research aims to find out the opinion of Imam Abu Hanifah and Imam Syafi'i and the similarities and also differences in determining the Non Material Dowry Law (services). This type of research is literature. The primary data sources are the books of the two priests, as well as the source of the secondary books of fiqh and books relating to research. The data was analyzed using descriptive, deductive, inductive, and comparative methods. The result: Disagreements between the two Imam madzhab were due to differences in law enforcement. Imam Hanafi in determining the status of Non Material Dowry Law (services) uses the surah al-Nisa '24, al-Baihaqi hadith and he put forward qiyas, that is limiting the dowry to at least ten dirhams, and dowry in the form of Qur'anic teaching to candidates of wife is unauthorized. Imam Syafi'i using the surah al-Nisa '24 and al-Bukhari's hadith, which does not limit the lowest dowry, such as sewing clothes or teaching Al-Quran to his wife and any benefits that are owned and lawful in price and having the value of simplicity at the dowry is preferred, he looked at the sunnah, that it is not excessive if it is legitimately used as a dowry, looking at zhahir verses and hadith. Keywords: Non-Material Dowry Law, Comparative Study.

scholarly journals Tinjaun Yuridis Terhadap Media Sosial Yang Menyalahgunakan Dan Mengakibatkan Penyemaran Nama Baik (putusan : No574 K/pid.sus/MA/2018)

2021 ◽  
Vol 5 (3) ◽  
Author(s):  
Pardamean Sitompul ◽  
Okmin Manurung
Keyword(s):  
Social Media ◽  
Law Enforcement ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Community Factors ◽  
Application Of Law ◽  
The Government ◽  
The Many ◽  
Research Show

The misuse of social media that causes defamation Decision: No 574 K / pid.sus / MA / 2018, is one of the many legal problems that have been ensnared due to the misuse of social media. The author uses three types of data sources, namely primary data sources of data obtained from laws and Supreme Court decisions. And secondary data data obtained from law books, law magazines and legal writings. And the last is tertiary legal material is complementary legal material obtained from dictionaries and the internet. and data analysis using qualitative data which is data in the form of words that talk about statutory regulations. The results of the research show that in the application of law enforcement of the ITE Law article 27 paragraph 1 in conjunction with article 45 paragraph 1 there is still a sense of injustice for the community, factors that must also be considered in imposing sanctions on victims of Baiq Nuril. and sociology of law and a strong conscience against actions or decisions in law enforcement. In this case, the government should have strict supervision of the use of information technology. This is aimed at preventing and overcoming efficiently and effectively the act of defamation through social media.

scholarly journals Police Officers as Victims

2017 ◽  
Vol 81 (1) ◽  
pp. 33-49
Author(s):  
Osman Isfen ◽  
Regina E Rauxloh
Keyword(s):  
Law Enforcement ◽  
Comparative Study ◽  
Police Officer ◽  
Criminal Law ◽  
Police Officers ◽  
State Power ◽  
The State ◽  
Clear Understanding ◽  
The Status

While there is plenty of research into crime committed by police officers, surprisingly little debate can be found regarding the situation where a police officer becomes a victim. This is remarkable as the police not only embody criminal law enforcement but also epitomise state power. Based on a comparative study, this article examines how criminal law in England and Germany deals with attacks against police officers through separate criminal offences as well as increased sentences. The authors examine how the use of criminal law reflects on the state’s perception and valuation of the role of the police officer. It will be shown that while in England there is the clear understanding that the status of the victim as police officer has an aggravating effect, Germany strongly opposes the idea that the office-holder deserves more protection than ordinary citizens. On the contrary, the law takes in consideration that the offender finds him- or herself in a vulnerable situation when faced with the power of the state.

scholarly journals Analysis of Efforts to Increase Income Taxes of Social Media Influencers in Endorsement Activities

2020 ◽  
Vol 10 (2) ◽  
pp. 111-117
Author(s):  
Fernaldi Anggadha ◽  
Haula Rosdiana
Keyword(s):  
Social Media ◽  
Law Enforcement ◽  
Income Tax ◽  
Income Taxes ◽  
Data Sources ◽  
Social Media Marketing ◽  
Primary Data ◽  
Directorate General ◽  
Technological Developments ◽  
Depth Interviews

Technological developments in the era of globalization have brought changes to marketing techniques, by using social media. Marketing through social media is mostly done by influencers because it is easy to do and earns a fairly large income. The purpose of this study is to analyze the efforts made by the Directorate General of Taxes to increase income tax on social media influencers in endorsement activities. This study adopts the positivism paradigm with qualitative methods. The purpose of this research is descriptive. Primary data sources were obtained through in-depth interviews with selected informants. The results showed that the income of social media influencers or arts workers had great taxation potential. The Directorate General of Taxation seeks to increase income tax receipts for influencers by updating the database, disseminating information and conducting surveillance with law enforcement. The Directorate General of Taxes needs to provide confirmation of the tax provisions for programmatic income so as to provide tax treatment similarities with conventional artist activities and close tax gaps that are widely utilized through online activities.

scholarly journals Penahanan Dalam Sistem Peradilan Pidana Terhadap Tersangka Tindak Pidana Penyalahgunaan Narkotika

2018 ◽  
Vol 2 (1) ◽  
pp. 1-17
Author(s):  
Rizqi Nurul Fadhilah ◽  
Dahlan Dahlan ◽  
Mujibussalim Mujibussalim
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Secondary Data ◽  
Qualitative Approach ◽  
Data Sources ◽  
Primary Data ◽  
Drug Abusers ◽  
Laboratory Examination ◽  
Secondary Data Sources ◽  
Made In

Penahanan yang dilakukan terhadap tersangka penyalahgunaan narkotika Golongan I bagi diri sendiri tidak memenuhi syarat boleh dilakukannya penahanan, sehingga secara yuridis tidak dapat dilakukan penahanan. Namun pada kenyataanya terhadap tersangka penyalahgunaan narkotika tersebut adanya dilakukan penahanan dan tidak dilakukan penahanan. Sehingga hal tersebut menjadi permasalahan dalam penegakan hukum pidana adalah masalah penahanan terhadap pelaku, yang terjadi tidak sejalannya syarat subjektif dan keadaan serta hambatan terkait dengan pentingnya dilakukan penahanan terhadap tersangka penyalahgunaan narkotika. Penelitian ini bertujuan untuk menjelaskan dan mengkaji pelaksanaan penahanan pelaku tindak pidana narkotika yang melanggar Pasal 127 ayat (1) huruf a UU No. 35 Tahun 2009 Tentang Narkotika dan hambatan terhadap penahanan tindak pidana narkotika dalam Pasal 127 ayat (1) huruf a UU No. 35 Tahun 2009 Tentang Narkotika. Metode penelitian yang digunakan adalah metode penelitian yuridis empiris dengan pendekatan kualitatif dan menggunakan sumber data sekunder berupa data yang diperoleh melalui bahan kepustakaan dan sumber data primer berupa sumber data lapangan. Dari penelitian telah terjadi disharmonisasi hukum dalam melakukan penahanan antara Pasal 21 KUHAP dengan Pasal 127 ayat (1) huruf a UU No. 35 Tahun 2009 tentang Narkotika. Penerapan kedua pasal tersebut menghambat penegakan hukum dalam hal penanganan tersangka pada tahap penyelidikan dan penyidikan, sehingga terdapat perkara yang harus dihentikan karena tidak dilakukannya penahanan oleh jaksa yang menyidik, dan telah ditemukan juga hambatan yang terjadi meliputi hambatan yuridis, tidak adanya sarana dan prasarana yakni berupa laboratorium pemeriksaan narkotika, dan luasnya wilayah hukum yang tidak sesuai dengan jumlah personil lembaga Kejaksaan Negeri Jantho.The detention act against first degree self-use drug abuser does not qualify for detention, so that juridical detention can not be made. In fact, some of drug abusers will face detention and for some of those will not. So it becomes a problem in criminal law enforcement regarding the issue of detention, inconsistent subjective requirements and circumstances and obstacles related to the importance of detention of suspected narcotics abuser. This study aims to explain and examine the implementation of detention of perpetrators of narcotic abuse against the Article 127 paragraph (1) letter a UU no.35 Year 2009 about Narcotics and the barriers to the detention of narcotics crimes in Article 127 paragraph (1) letter a UU No.35 Year 2009 about narcotics. The research method used is empirical juridical method with qualitative approach and for secondary data sources was obtained through library materials, while primary data was collected in the form of field data sources. The research shows that it has been legal disharmony in the detention between Article 21 KUHAP with Article 127 paragraph (1) letter a UU No. 35 Year 2009 on Narcotics. The implementation of those two articles impedes law enforcement in the term of handling suspects during the investigation and investigative stages which led to the suspended /stalled cases because the detention was not conducted by the prosecutor who investigated, and the research has also found some obstacles that includes the juridical obstacles, the absence of facilities and infrastructure that is in the form of laboratory examination of narcotics, and the extent of jurisdiction area which is inconsistent with the number of personnel of the Jantho State Prosecution Service.

Kepemimpinan Demokratis Kepala Sekolah dalam Meningkatkan Prestasi di Madrasah Aliyah Negeri Model Palangka Raya

2016 ◽  
Vol 2 (2) ◽  
pp. 6-9
Author(s):  
Shanty Bahar Ising ◽  
Mujiono Mujiono
Keyword(s):  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Democratic Leadership ◽  
Model State ◽  
Teachers And Students ◽  
Secondary Data Sources ◽  
Conceptual Skills ◽  
To Receive ◽  
Teacher Trainer

This study aims to find out, describe and analyze the democratic leadership of the Principal in improving achievement at the Palangka Raya Model State Madrasah (MAN). The research method used is descriptive qualitative. The researcher wanted to describe the Principal's democratic leadership in improving achievement at the Palangka Raya Model State Islamic Senior High School (MAN). Primary data sources (person) are the Principal, Teachers (Teachers) and Students of MAN Model Palangka Raya. Whereas secondary data sources are the data in the Palangka Raya Model MAN and supporting literature. The results of the study show that the Principal's leadership in improving achievement in the Palangka Raya Model MAN is very democratic, this condition can be seen from: (1) Principals are happy to receive suggestions, opinions and even criticism from subordinates both delivered by students and teachers through suggestion boxes and in the teacher council meeting, (2) the Principal always strives to prioritize teamwork cooperation in an effort to achieve the goal by appointing the instructor teacher, trainer teacher and mentor teacher and conducting deliberation in planning, implementing and evaluating activities, (3) the Principal always tries to make subordinates more success than him, which is realized by including teachers in seminars, workshops, training and competitions so that they get achievements both locally and nationally, and (4) Principals always try to develop their personal capacity as good leaders in conceptual skills, human skill and technical skill.

Lot's Offer of his Daughters to his People in the Torah and the Qur'an: A Comparative Study in Two Parts (Part One)

2016 ◽  
Vol 18 (3) ◽  
pp. 161-224
Author(s):  
ʿĀʾiḍ B. Sad Al-Dawsarī
Keyword(s):  
Comparative Study ◽  
Comparative Studies ◽  
The Third ◽  
The Past ◽  
The Status ◽  
Moral Problems ◽  
Moral Dimensions ◽  
Similarities And Differences

The story of Lot is one of many shared by the Qur'an and the Torah, and Lot's offer of his two daughters to his people is presented in a similar way in the two books. This article compares the status of Lot in the Qur'an and Torah, and explores the moral dimensions of his character, and what scholars of the two religions make of this story. The significance of the episodes in which Lot offers his daughters to his people lies in the similarities and differences of the accounts given in the two books and the fact that, in both the past and the present, this story has presented moral problems and criticism has been leveled at Lot. Context is crucial in understanding this story, and exploration of the ways in which Lot and his people are presented is also useful in terms of comparative studies of the two scriptures. This article is divided into three sections: the first explores the depiction of Lot in the two texts, the second explores his moral limitations, and the third discusses the interpretations of various exegetes and scholars of the two books. Although there are similarities between the Qur'anic and Talmudic accounts of this episode, it is read differently by scholars from the two religions because of the different contexts of the respective accounts.

In or Out?

2018 ◽  
Author(s):  
Catherine E. De Vries
Keyword(s):  
Public Opinion ◽  
Status Quo ◽  
Data Sources ◽  
Fine Grained ◽  
Alternative State ◽  
Empirical Measurement ◽  
The Status ◽  
People’S Attitudes ◽  
Over Time ◽  
The Eu

This chapter introduces a benchmark theory of public opinion towards European integration. Rather than relying on generic labels like support or scepticism, the chapter suggests that public opinion towards the EU is both multidimensional and multilevel in nature. People’s attitudes towards Europe are essentially based on a comparison between the benefits of the status quo of membership and those associated with an alternative state, namely one’s country being outside the EU. This comparison is coined the ‘EU differential’. When comparing these benefits, people rely on both their evaluations of the outcomes (policy evaluations) and the system that produces them (regime evaluations). This chapter presents a fine-grained conceptualization of what it means to be an EU supporter or Eurosceptic; it also designs a careful empirical measurement strategy to capture variation, both cross-nationally and over time. The chapter cross-validates these measures against a variety of existing and newly developed data sources.

UPAH MENGUPAH PERTANIAN DALAM TINJAUAN FIQH MUAMALAH (Studi di Nagari Bukit Kandung Kecamatan X Koto Diatas Kabupaten Solok)

2021 ◽  
Vol 2 (3) ◽  
pp. 59
Author(s):  
Susanti Krismon ◽  
Syukri Iska
Keyword(s):  
Data Collection ◽  
Data Processing ◽  
Field Research ◽  
Secondary Data ◽  
Research Field ◽  
Farm Workers ◽  
Data Sources ◽  
Primary Data

This article discusses the implementation of wages in agriculture in Nagari Bukit Kandung Subdistrict X Koto Atas, Solok Regency in a review of muamalah fiqh. The type of research is field research (field research). The data sources consist of primary data sources, namely from farmers and farm laborers who were carried out to 8 people and 4 farm workers, while the secondary data were obtained from documents in the form of the Bukit Kandung Nagari Profile that were related to this research, which could provide information or data. Addition to strengthen the primary data. Data collection techniques that the author uses are observation, interviews and documentation. The data processing that the author uses is qualitative. Based on the results of this study, the implementation of wages in agriculture carried out in Nagari Bukit Kandung District X Koto Diatas Solok Regency is farm laborers who ask for their wages to be given in advance before they carry out their work without an agreement to give their wages at the beginning. Because farm laborers ask for their wages to be given at the beginning, many farm workers work not as expected by farmers and there are also farm workers who are not on time to do the work that should be done. According to the muamalah fiqh review, the implementation of wages in agriculture in Nagari Bukit Kandung is not allowed because there is an element of gharar in the contract and there are parties who are disadvantaged in the contract, namely the owner of the fields.

Acquisition Cost of Land and Building Rights Based on Buying and Selling

Authentica ◽  
2020 ◽  
Vol 2 (1) ◽  
pp. 1-17
Author(s):  
Singgih Permana Adhi
Keyword(s):  
Law Enforcement ◽  
Acquisition Cost ◽  
Secondary Data ◽  
Primary Data ◽  
Research Procedure ◽  
Approach Method ◽  
Transaction Price ◽  
Legal Consequences

The collection of regional taxes and levies must be based on Law Number 28 of 2009 concerning Regional Taxes and Regional Levies, and for the Banyumas Regency area, it has been regulated in Regional Regulation Number 1 of 2011 concerning Regional Taxes in conjunction with Regional Regulation Number 22 of 2016 concerning Amendments to the Second Regulation Region Number 1 the Year 2011 concerning Regional Taxes. One type of tax that is under the authority of the regions is the Fees for Acquisition of Rights on Land and Buildings, hereinafter referred to as BPHTB. The approach method used in thisresearch is the normative juridical approach method. The data used are secondary data and primary data as a complement to secondary data. The results and discussion are the application of BPHTB based on the  sale and purchase of the implementation including the process of filling in the SSPD BPHTB, determining tax objects, tax taxes, calculating taxes, research or validation, and payment. BPHTB is based on the sale and purchase of applications based on the PDRD Law and Regional Tax Regulations, the basis for calculating the BPHTB is the transaction price, therefore based on the Regent Regulation, the RegionalFinance Agency carries out a research procedure (validation) of BPHTB based on buying and selling with the truth of the transaction price value used to calculate BPHTB. PPAT which regulates the deed of transfer of rights, without ta  supervision has been paid and validated giving legal consequences for PPAT in the form of sanctions in the form of fines for each award. Law enforcement of sanctions on administrative fines against PPAT and the procedures for its implementation are not regulated and have not been further regulated in the PDRD Law, Regional Tax Regional Regulations, or in implementing regulations.Keywords: Regional Taxes; Fees for Acquisition of Rights on Land and / or Buildings; Legal Consequencesof Land Deed Making Officials.

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