Hukum Denda dalam Keuangan Publik Islam di Indonesia

2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz
Keyword(s):  
Islamic Law ◽  
The State ◽  
Mutual Benefit ◽  
State Budget ◽  
The People ◽  
The Status ◽  
The Government

Fines are sanctions or punishments that are applied in the form of the obligation to pay a sum of money imposed on the denial of a number of agreements previously agreed upon. There is debate over the status of fines in Islamic law. Some argue that fines may not be used, and some argue that they may be used. In the context of fines for delays in payment of taxes, in fiqh law it can be analogous to ta'zir bi al-tamlīk (punishment for ownership). This can be justified if the tax obligations have met the requirements. Whereas according to Islamic teachings, fines can be categorized as acts in order to obey government orders as taught in the hadith, and in order to contribute to the realization of mutual benefit in the life of the state. As for the amount of the fine, the government cannot arbitrarily determine fines that are too large to burden the people. Penalties are applied as a message of reprimand and as a means to cover the lack of the state budget.

scholarly journals DASAR WAJIB MEMATUHI UNDANG-UNDANG PERKAWINAN (UUP): STUDI PEMIKIRAN MUHAMMAD ‘ABDUH

2019 ◽  
Vol 1 (1) ◽  
pp. 1-16
Author(s):  
Khoiruddin Nasution
Keyword(s):  
Islamic Law ◽  
The State ◽  
Marriage Law ◽  
The Third ◽  
The People ◽  
The Status ◽  
Legal Thinking ◽  
The Government

One reason why the Marriage Law (UUP) is not obeyed is related to the status of compliance. According to the majority of Muslims, the status of obeying the contents of the UUP is related to and is a matter of the State, not related to the legality of religion, not related to the validity of marriage. Instead Muhammad 'Abduh is a thinker who believes that obeying the UUP is part of an obedient obligation to the government (uli al-amr), the same status as being obliged to obey Allah and His messengers, as required in al-Nisa' (4): 59 and 83. Thus, obeying the UUP is part of implementing compliance with the government. So obeying UUP is an obligation for every Muslim. Likewise, the UUP as a decision of people's representatives is an expression of the agreement of all the people. The people are represented by people who are elected by the people (people's representatives), because to gather all the people, at present, is impossible. So the decision of the people's representatives is positioned as the decision of all the people. The decision of the people's representatives for now becomes ijmâ ‘, the third source of Islamic law after the Qur'an and the Sunnah of the Prophet Muhammad SAW. The final basis stipulates the obligation to obey the Marriage Law, compared to fiqh, fatwa, interpretation, and jurisprudence, as a product of Islamic legal thinking, the UUP occupies the most authoritative and comprehensive position, because the UUP is the result of the minds of many scholars and expertise. This paper tries to explain the concept of ‘Abduh.

scholarly journals Fiqh of Budgeting: Study of Management of the State Budget for People's Welfare in the Perspective of Maqâshid al-Shari'ah

AL- ADALAH ◽  
2019 ◽  
Vol 16 (1) ◽  
pp. 177-206
Author(s):  
Maghfur Ahmad
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
The State ◽  
Literature Study ◽  
State Budget ◽  
Law And Politics ◽  
The Poor ◽  
The People ◽  
Library Resources ◽  
Main Basis

The budget plays an important role, both in Islamic political fiqh discourse and in the national constitutional dictum. However, hegemony of capitalism has implications for the low state budget that is allocated to meet the needs of the poor. Budgeting policies are considered to be more in favor of the interests of investors than for the people welfare. This study aims to explore the repertoire of Islamic law in managing the state budget in a participatory manner for people's welfare. Through qualitative research, this study relies on library resources that contain management of the state budget in the budgetary fiqh narrative and the maqâshid al-shari'ah as the main basis of this literature study. The results of this study reveal that the state has an obligation to prosper the people. In a fiqh perspective, the mandate to serve people's needs require a participatory mechanism. Community participation in assessing the basic needs of the people can guarantee the state budget plan for effective and targeted development. In addition, the basic rights of citizens regarding education, economy, culture, law and politics are guaranteed as part of the implementation of the principles of the maqâshid al-shari'ah in the management of the state budget.

scholarly journals THE ROLE OF THE GOVERNMENT IN THE PROTECTION OF COMMUNITY LAND ON GREEN-ZONE

2021 ◽  
Vol 9 (9) ◽  
pp. 22-29
Author(s):  
Nourma Dewi
Keyword(s):  
Land Rights ◽  
The State ◽  
The People ◽  
Community Justice ◽  
The Status ◽  
Green Zone ◽  
Government Planning ◽  
The Government ◽  
Role Of The Government

Land rights are one of the rights of life of the community. This right should have been protected by the state as the implementation of Article 33 paragraph (3) of the 1945 Republic of Indonesia Constitution that the earth and natural wealth in it are protected by the state and used for the people's prosperity. This right is violated by the determination of land owned by the people declared in the green zone so that its use and allocation is limited by the government. On the other hand, when the land will be used in the framework of government planning, the status of the land will change according to the interests of the government. This phenomenon illustrates that the law that should support the state to give a sense of justice to the people on the contrary makes people's rights not fulfilled. The aim to be achieved in this study is to analyze the role of the government in protecting community land rights in the green zone. This research is normative legal research. Based on the research, it was concluded that community welfare and community justice were not well accommodated by the government regarding land in the green zone because there was a lack of clear arrangements regarding the ability to transfer the land.

scholarly journals MALAY ISLAMIC POLITICAL TRADITION AND RELEVANCE BUILDING GOOD GOVERNANCE IN INDONESIA: STUDY OF RAJA ALI HAJI 1808-1873

2017 ◽  
Vol 1 (1) ◽  
pp. 67-80
Author(s):  
J Suyuthi Pulungan
Keyword(s):  
State Government ◽  
Islamic Law ◽  
Good Governance ◽  
Well Being ◽  
The State ◽  
Governance System ◽  
Political Tradition ◽  
The People ◽  
Form Of Government ◽  
The Government

Relevance thought Raja Ali Haji to the governance system in Indonesia today, among others, can be seen from the criteria of an ideal leader: first, fulfill the requirements according to Islamic law, namely; Muslim, male, puberty, intelligent, fair/ not wicked (consistent in implementing the rules of Islam), able to carry out the mandate and leadership. Second, the power to make the country independent/ self-reliant. Third, make the security of Muslims in this country is the security of Islam. Fourth, implement Islam simultaneously and comprehensively. Fifth, preventing disintegration and unify the territories of Muslims that have crumbled, not only in Indonesia, but in the whole world, so that Muslims are strong and united in one force. Seeing the condition of the state government system in Indonesia at this time, although different from the form of government desired by Raja Ali Haji is sufficient in accordance with expectations, if we refer to the leaders elected to run the government, ie those who have been entrusted by the people as leaders. Elected leaders are expected to voice their concerns, so that the well-being and comfort can be felt. It is true there is no doubt that the concept of rule by Raja Ali Haji, there are some that do not conform with the concept of governance in Indonesia. Because, in Indonesia, although the majority of the population are Muslims, but also non-Islamic religions grow and develop properly in the spirit of tolerance is high. While the concept of rule by Raja Ali Haji ideal is based on Shari'ah. If this is implemented, the existence of discrimination against other religions.

scholarly journals Kritik Abdul Karim Soroush Atas Sistem Al-Faqih: Teks Agama, Interpretasi dan Demokrasi

FIKRAH ◽  
2017 ◽  
Vol 5 (1) ◽  
pp. 151
Author(s):  
Cahya Edi Setyawan
Keyword(s):  
Government Policy ◽  
The State ◽  
Islamic Republic ◽  
Religious Ideology ◽  
The Public ◽  
The People ◽  
The Status ◽  
Islamic Republic Of Iran ◽  
The Government ◽  
State Case

<span>Soroush criticized the concept of "al-faqih territory" embodied in the system of religious democracy in Iran. The concept gives Mullah and Ulama a sole authority. Al-faqih territory which means the leadership of a jihad is a form of Syiah politics that takes place in the Islamic Republic of Iran. The government policy in the name of "God's Voice" to punish a State case. According to Soroush, this is a misconception because the government just prioritizes the interests of the State and denies the public inspirations. On this basis, Soroush wants to give Iranians an understanding of religion more truthfully, so that the people are aware that Religion (text / revelation) and knowledge of theology is different. Soroush attempts at giving reconsideration of the status of "religious ideology" to the public in order to be able to criticize the concept of government in Iran that is "al-faqih territory".</span>

scholarly journals Pemikiran Abdul Qadim Zallum tentang Majelis Umat dan Dewan Perwakilan Rakyat di Indonesia

2015 ◽  
Vol 4 (02) ◽  
pp. 443-466
Author(s):  
M. Syamsul Arifin
Keyword(s):  
Islamic Law ◽  
The State ◽  
The People ◽  
The Law ◽  
The Government ◽  
The Right

Abstract: This article describes the conception of Majelis Umat according to Abdul Qadim Zallum and conception of the DPR under the Constitution of 1945. In Abdul Qadim Zallum’s thought, the conception of Majelis Umat and the DPR basically is a representative of the people in each form of the state, but in conception of Majelis Umat the representativeness of race is limited, such as in the establishment of the law, a people representative of the non-Muslims can’t contribute to the perfection of the law because they are not representative for analizyng Islamic law, so is the Majelis Umat in his opinion (most votes) is not binding for the Caliph, with other words Majelis Umat don’t have any authority in law as having law is God. In the conception of DPR, any issues relating to the welfare of the people being their authority, certainly not without the approval of the President as the leader of the government. So the differences that really stands out is the authority of the Majelis Umat who are severely restricted by the Caliph and shari'ah law itself. While in DPR based on the Constitution of 1945, as long as not contrary to the basis of the country, DPR has the right to request the approval of the President.Keywords: Majelis Umat, the conception, DPR, Abdul Qadim Zallum

scholarly journals PERBANDINGAN HUKUM PAJAK DAN ZAKAT MENURUT SYARIAH DAN NEGARA

2020 ◽  
Vol 3 (1) ◽  
pp. 38-50
Author(s):  
Fatmawati Zahroh ◽  
Harkaneri Harkaneri
Keyword(s):  
Islamic Law ◽  
The State ◽  
Literature Study ◽  
State Budget ◽  
Large State ◽  
Positive Law ◽  
State Expenditure ◽  
Similarities And Differences ◽  
The Government ◽  
State Expenditures

ABSTRACT This article describes how to compare tax and zakat law from the perspective of sharia (Islamic law) and state (positive law). There are many similarities and differences between this tax and zakat, in terms of both collectors and collectors. According to article 1 of the 2009 KUP Law on taxes and Law No. 23 of 2011 concerning zakat and its management. This article uses the literature study method to compare and describe existing legislation as well as some differences between tax and zakat. With the results and discussion that actually this tax and zakat if synergized will become two very large state revenues so that they can finance state expenditures, but this state expenditure will be divided into routine expenditures and expenditures for people who are unable to meet the obligations of a muzakki (compulsory zakat) to mustahik (recipient of zakat). If synergized like that, the amil zakat and the government must be observant in differentiating these expenditures to be channeled to those who are entitled to and expenditures as appropriate for the State Budget.

scholarly journals IPTEKS PENGENDALIAN INTERN ATAS PENERIMAAN NEGARA BUKAN PAJAK (PNBP) PADA KANTOR PELAYANAN SURAT KETERANGAN CATATAN KEPOLISIAN (SKCK) POLDA SULUT

2018 ◽  
Vol 2 (02) ◽  
Author(s):  
Lusinda Natalya Debora Karo ◽  
Christian Datu
Keyword(s):  
Internal Control ◽  
The State ◽  
State Budget ◽  
The People ◽  
Tax State ◽  
The Republic ◽  
The Government ◽  
Affect State ◽  
Independent Audit ◽  
State Revenues

The State Budget (APBN) is one thing that is very important for a country because it is a breath for the government in terms of advancing the country. No exception in Indonesia, which is an archipelago with so many regions. The state budget is set every year and carried out for the greatest prosperity of the people. One element of the state budget is the state revenue and grant budget, which is obtained from non-tax state revenues (PNBP). PNBP is a state financial scope that is managed and accounted for so that the Supreme Audit Agency (BPK) as a free and independent audit institution also conducts checks on components that affect state revenues and constitutes state revenues in accordance with the law. PNBP is collected or billed by Government Agencies with an Act or PP order or appointment from the Minister of Finance, based on the PNBP Plan made by the Government Agency Official. One source of Non-Tax State Revenues (PNBP) is obtained in the making of Police Note Certificates (SKCK) that are available throughout the Police of the Republic of Indonesia.Keywords : APBN, PNBP, SKCK,  Internal Control

EFEKTIVITAS PELAKSANAAN PERATURAN PENCATATAN PERCERAIAN DI KANTOR URUSAN AGAMA

2020 ◽  
Vol 6 (1) ◽  
pp. 1-15
Author(s):  
Juriyana Megawati Hasibuan Dan Fatahuddin Aziz Siregar
Keyword(s):  
Islamic Law ◽  
The State ◽  
Judicial Process ◽  
Positive Law ◽  
State Administration ◽  
Shipping Costs ◽  
The Status ◽  
Happy Marriage ◽  
Religious Courts ◽  
Laws And Regulations

Marriage is a sacred bond which is ideally only held once in a lifetime. Both Islamic law and positive law require an eternal happy marriage. To support this the Koran proclaims marriage as mitsaqan galiza. The marriage is then registered in the state administration. In line with this, the laws and regulations are formulated in such a way as to make divorce more difficult. However, when there are acceptable reasons and due to coercive conditions, divorce can be done through a judicial process. The divorce must then be registered by taking certain procedures. The court delivered the notice and sent a copy of the decision to the marriage registrar to file the divorce properly. The implementation of this divorce record was not effective. The separation of the Religious Courts Institution from the Ministry of Religion has become a factor that causes the registration task not to be carried out. The loss of the obligation to submit a copy of the decision on the judge's ruling caused the recording to be constrained. The unavailability of shipping costs also contributed to the failure to register divorce. Even though there is a threat to the Registrar who neglects to deliver a copy of the verdict, unclear sanctions make this ineffective. As a result of the lack of recording of divorce, the status of husband and wife becomes unclear and opens opportunities for abuse of that status.

TANGGUNGJAWAB REKTOR SEBAGAI KPA DALAM PENGELOLAAN KEUANGAN PERGURUAN TINGGI NEGERI YANG MENYELENGGARAKAN PENGELOLAAN KEUANGAN BADAN LAYANAN UMUM (PTN PK-BLU)

2018 ◽  
Vol 2 (3) ◽  
pp. 427
Author(s):  
Dewi Kania Sugiharti ◽  
Muhammad Ziaurahman ◽  
Sechabudin Sechabudin
Keyword(s):  
Public Service ◽  
The State ◽  
Service Agency ◽  
State Budget ◽  
Procurement Process ◽  
The Law ◽  
The Government

Universities that apply the concept of Public Service Agency (BLU - PK PTN ) in performing functions as an organ which is engaged in the service infrastructure support through goods or services . As an institution under the auspices of the government and the state budget receives PTN PK - BLU implement mechanisms to acquire goods or services in accordance with the law. However, the procurement process in obtaining goods or services sometimes poses problems that arise as a consequence of the passage of the procurement of goods or services involving the organs in it as PA / KPA , KDP , ULP , and Committee / Receiver Procurement Officer. Rector of the KPA in PK - BLU PTN has the authority to control the organs that carry out the process of procurement of goods / services in the environment . Errors in the procurement process of goods / services performed by the CO and the ULP / Procurement Officer causing state losses due to these errors, either due to negligence or unlawful acts. As the KPA in the process of procurement of goods / services Rector can control the organs in accordance with the authority given. The consequences are acceptable if the authorities ultimately the procurement of goods / services did not heed the warning Rector officials related procurement process of goods / services will receive sanctions. Keywords: Authorized Budget, Financial State.

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