scholarly journals Praktik Gadai Pohulo’o di Gorontalo dalam Perspektif Hukum Islam

2021 ◽  
Vol 15 (2) ◽  
pp. 293-308
Author(s):  
Rulyjanto Podungge
Keyword(s):  
Legal Status ◽  
Customary Law ◽  
Religious Leaders ◽  
Muslim Society ◽  
Sociological Approach ◽  
The Law ◽  
Compliance With The Law ◽  
Muslim Communities

Muslim communities believe that compliance with the law is not only in the field of worship but also in the field of muamalah. Therefore, people want what they practice to be legal and in accordance with Islamic teachings. One of the problems whose legal status continues to be questioned is the issue of pawning which is carried out under customary law. There have been many explanations regarding this problem by religious leaders, but their answers have not been able to satisfy the community. The answers available so far tend to conclude that the practice is not allowed, the law is haram. It is undeniable that the explanation of this in fiqh books is indeed the case because the collateral in the pawn cannot be used by the pawnee, who in this case is a creditor. A creditor may not take advantage of the pledged goods for reasons of riba (usury). However, the practice of pawning, which is carried out according to custom, has become a tradition in the community and is carried out with the pleasure of the pawnbroker and pawnee, and this tradition has become a means to get out of trouble to cover one's life. This article explains the problem of the pawn tradition in Muslim society through a sociological approach in addition to the usuliyah syar'iyah approach

scholarly journals FUNCTIONAL BASIS OF ACTIVITIES OF SUBJECTS SOCIAL SECURITY

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 238-242
Author(s):  
А. І. Дерев’янко
Keyword(s):  
Social Security ◽  
Public Relations ◽  
Social Relations ◽  
Public Safety ◽  
Legal Status ◽  
Theoretical Approaches ◽  
Strict Compliance ◽  
The Law ◽  
Compliance With The Law ◽  
Law Making

The purpose of the article is to determine the system of functioning of social security entities on the basis of doctrinal approaches. The article analyzes the theoretical approaches to understanding the functions of subjects in the field of public safety. Generalizations are made, the corresponding classification of key functions is carried out. It is established that the functions of subjects in the field of social security should be divided into: 1) main or basic functions - ie material, which determine the object of public safety, ie social relations in a particular area of human activity and determine ways to influence them; 2) secondary or derivatives, which include those that are determined by the very legal status of a subject in the field of public safety. It is concluded that the law-making function means the issuance of regulations of various legal nature to establish formal rules and procedures for ensuring public safety in a particular sector of the economy. These acts are binding acts, the content of which is to comply with safety rules in these areas and differs on the basis of the peculiarities of application and the actual signs of influence on the state of public relations. The law-making function is expressed in ensuring public safety, through the issuance of acts, based on monitoring and coordination in this area. The operational and executive function is to ensure public safety by means of exercising powers in the field of sectoral public security. This function is formed due to two activities to ensure public safety. The operational component is defined as responding to various types of threats and dangers of public safety. Executive, in turn, means strict compliance with the law on public safety, which is the responsibility of the relevant public safety entity.

WAYS TO INCREASE PROSECUTOR'S SUPERVISION OF OPERATOR'S ACTIVITIES

2017 ◽  
Author(s):  
Alina Yurchenko ◽  
◽  
Sofiia Mostova ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Controversial Issues ◽  
Criminal Proceedings ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
The Law ◽  
Compliance With The Law ◽  
Goals And Objectives

The article is devoted to certain aspects of the prosecutor's supervision over the observance of laws by the bodies carrying out operative-search activity. Issues and controversial issues of prosecutorial supervision over the activities of bodies engaged in operational and investigative activities are covered. An assessment of the effectiveness of the tasks and the adequacy of the work of the prosecutor's office. The level of compliance of the prosecutor's supervision over the observance of laws by operatives in the process of their operative-investigative activity to the Constitution and the laws of Ukraine was assessed. Proposals have been made to improve the effectiveness of prosecutorial oversight of compliance with the law by law enforcement agencies. Effective ways to increase the effectiveness of prosecutorial oversight have been sought. The views and works of scientists concerning the problems of prosecutorial supervision over operational and investigative activities are considered. The range of subjects that, within the limits of their powers, have a corresponding influence on the activity of pre-trial investigation bodies, the legal status of persons involved in the sphere of criminal proceedings, on the pre-trial investigation as a whole has been determined. Some aspects of prosecutorial supervision over the activity of bodies carrying out operative-search activity are depicted. The procedure for appointing prosecutors, as well as the goals and objectives set for them, have been studied. The grounds for conducting prosecutorial inspections, types of inspections of compliance with the requirements of the legislation on operational and investigative activities are considered. The supervisory functions performed by the prosecutor's office in other countries are compared with those performed in Ukraine. The criteria for assessing the prosecutor's supervision over compliance with the law during the implementation of operational units and the conduct of covert operation of operational and investigative activities are defined. The risks associated with the work of the prosecutor's office and operational units, which may arise at all stages of operational and investigative activities and covert work of Ukraine, have been identified. Other reasons for prosecutorial oversight are mentioned, which today prevent prosecutors from really influencing the quality of the investigation.

scholarly journals Regulation of Halal and Healthy Products for Small-scaled Businesses as Consumer Protection

2021 ◽  
Vol 9 (E) ◽  
pp. 749-753
Author(s):  
Neneng Uswatun Hasanah ◽  
Martha Eri Safira ◽  
Winantu Kurnianingtyas Sri Agung ◽  
Mochammad Chotib ◽  
Elok Putri Nimasari ◽  
...  
Keyword(s):  
Consumer Protection ◽  
Primary Source ◽  
Rice Flour ◽  
Primary Data ◽  
Small Scale ◽  
Product Certification ◽  
Sociological Approach ◽  
The Law ◽  
The Government ◽  
Muslim Communities

AIM: The purpose of the study was to know the regulation on halal and health guarantee of Indonesian snacks such as cilok (tapioca balls), grilled meatballs, meatball and chicken noodles, dawet drink (traditional drink from rice flour and coconut milk), crackers, and grass jelly drink. Such snacks and drinks are loved by all levels of society in Indonesia and are often sold by street vendors in various places. METHOD: This research uses a juridical-sociological approach, by analyzing the primary source of data, which is by directly observing, interviewing, and educating the society and the small-scale sellers on the important sense of the halal product and the halal product certification. Apart from that, the primary data are the Law No. 8 of 1999 on the Consumer Protection, the Law No. 33 of 2014 on the Halal Product Guarantee, and the Governmental Decree No. 31 of 2019 on the Halal Product Certification. RESULTS: The realization of consumer protection requires good coordination between the government and/or regional governments, business actors, and the community as consumers. The need for halal and healthy products is not only for Muslim communities but also for non-Muslim communities, because halal products are certainly guaranteed of the products’ hygiene and safety. CONCLUSION: There is still a lack of understanding and compliance by the small business owners on the halal and healthy products from the manufacturing process up to the distribution of the products to the public.

scholarly journals Pengalihan Wakaf oleh Sarak Opat di Aceh Tengah Ditinjau Hukum Islam dan Hukum Adat

2021 ◽  
Vol 15 (2) ◽  
pp. 263-276
Author(s):  
Hazar Kusmayanti
Keyword(s):  
Social Welfare ◽  
Legal Status ◽  
Islamic Law ◽  
Social Institutions ◽  
The State ◽  
Customary Law ◽  
Economic Values ◽  
State Administration ◽  
Legal Position ◽  
The Law

Waqf is one of the institutions of Islamic social institutions that contain socio-economic values that are expected to help to realize social welfare that benefits can be enjoyed together. However, there are many problems related to waqf land, one of which is the change in the designation of waqf land-based on adat meetings.  The purpose of this thesis is to examine the legal position of waqf land that has changed its designation and implementation of waqf in Central Aceh District based on Islamic Law and Customary Law in terms of the Law. The research in this thesis uses the normative juridical approach The specification of the research conducted is analytical descriptive. Based on the results of this study, the legal status of waqf land that has been represented cannot be used if it is not in accordance with the waqf pledge, but there are exceptions to the waqf land that can be changed its designation and must follow the procedure for changes stipulated by Law Number 41 of 2004 Execution of existing land parcels in Central Aceh Regency, Islamic Law has been implemented correctly, but the state administration has not been implemented to the maximum.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

NIKAH SIRI DALAM TINJAUAN HUKUM TEORITIS DAN SOSIOLOGI HUKUM ISLAM INDONESIA

2018 ◽  
Vol 11 (1) ◽  
pp. 60-78
Author(s):  
Aidil Alfin ◽  
Busyro Busyro
Keyword(s):  
Significant Influence ◽  
Islamic Law ◽  
Muslim Community ◽  
Muslim Society ◽  
The Law

The differences of laws in marriage registration have generated argumentative conflicts among the ulama. Some of them agree and the others disagree. Ulama who agree say that proscribing secretly marriage (nikah siri) is in accordance to Islamic law. Even though the regulation about marriage registration has been written in The Indonesian Act No. 1 of 1974 on Marriage and in the Compilation of Islamic Law in Indonesian, the practice of secret marriage is still existed among Indonesian Muslim society. They base their practices on what some of local ShafiiyahUlema say all the time that this kind of marriage is in accordance to shari’ah. It is common to say that Shafi’ischool of law is the largest shari’ahschool of law in Indonesia. In the sociology of Islamic law, most of the scholars in Indonesia who adhere to the Shafi'i school and also most of the Indonesian Muslim community adhere to the same school, may have a significant influence on the constraints of reform of Islamic law related to the registration of marriages in particular and other matters about marriage in general contained in the Law No. 1 of 1974 and the Compilation of Islamic Law in Indonesia.

Analysis of the executive discipline of medical and pharmaceutical experts compliance with the law in the field of trafficking in narcotic drugs and psychotropic substances

2019 ◽  
Vol 2019 (5) ◽  
pp. 68-73
Author(s):  
Ольга Давыдова ◽  
Ol'ga Davydova ◽  
Лариса Царахова ◽  
Larisa Carahova ◽  
Ирина Левкова ◽  
...  
Keyword(s):  
Practical Medicine ◽  
Psychotropic Substances ◽  
The Law ◽  
Compliance With The Law ◽  
Narcotic Drugs

The activity of trafficking in narcotic drugs, psychotropic substances is inextricably linked with medical and pharmaceutical activities.Analysis of the executive discipline by medical and pharmaceutical specialists in compliance with the law in the field of trafficking in narcotic drugs and psychotropic substances revealed the most problematic aspects of the activity and the need to revise certain aspects of regulatory and legal activities, based on the modern requirements of practical medicine and pharmacy.

Defensive Deterrence

2018 ◽  
Author(s):  
Yishai Beer
Keyword(s):  
International Law ◽  
Practical Problem ◽  
Strategic Thinking ◽  
National Defense ◽  
Global Security ◽  
Defense Strategy ◽  
Essential Component ◽  
The Law ◽  
Compliance With The Law ◽  
The Military

This chapter deals with the lack of coherency between strategic reality—which uses deterrence as an essential strategic tool—and the prevailing law. Deterrence is a tool for enforcing compliance with the law; it promotes the containment of potential conflicts. It is pivotal in strategic thinking and, in many cases, an essential component of the national-defense strategy of law-abiding states. But although deterrence is central to the management of global security, in current international law deterrence considerations are perceived with suspicion and mistrust. It is perceived as an unlawful punitive measure. The lack of consensus on lawful deterrence, however, might create a vacuum that invites aggressors and transgressors. This chapter offers normative suggestions for introducing defensive deterrence and overcoming the practical problem of putting it into practice within the current contours of the law, by using the military professionalism criterion.

Slavery and Ransom

2018 ◽  
Author(s):  
Will Smiley
Keyword(s):  
Eighteenth Century ◽  
Ottoman Empire ◽  
Young Men ◽  
Individual Characteristics ◽  
The State ◽  
Customary Law ◽  
Late Eighteenth Century ◽  
Late Eighteenth ◽  
The Law

This chapter explores captives’ fates after their capture, all along the Ottoman land and maritime frontiers, arguing that this was largely determined by individuals’ value for ransom or sale. First this was a matter of localized customary law; then it became a matter of inter-imperial rules, the “Law of Ransom.” The chapter discusses the nature of slavery in the Ottoman Empire, emphasizing the role of elite households, and the varying prices for captives based on their individual characteristics. It shows that the Ottoman state participated in ransoming, buying, exploiting, and sometimes selling both female and male captives. The state particularly needed young men to row on its galleys, but this changed in the late eighteenth century as the fleet moved from oars to sails. The chapter then turns to ransom, showing that a captive’s ability to be ransomed, and value, depended on a variety of individualized factors.

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