PENERAPAN PROSEDUR MEDIASI DALAM PENYELESAIAN SENGKETA WAKAF DI PENGADILAN AGAMA

2018 ◽  
Vol 1 (1) ◽  
pp. 21-36
Author(s):  
Syufaat Syufaat

Waqf has two dimensional meaning; the spiritual dimension that is taqarrub to Allah and the social dimension as the source of Islamic financial for the welfare of the people. Waqf disputes can be caused by several reasons; waqf land is not accompanied with a pledge; waqf is done on the basis of mutual trust so it has no legal proof and ownership. Currently, the choice to use the court is less effective in resolving disputes. Hence, the public ultimately chooses non-litigation efforts as a way to resolve the disputes. Mediation process is preferred by many as it is viewed to be the fairest way where none of the two parties wins or loses (win-win solution). It is also fast and cheap. This study is intended to examine how to solve waqf dispute with mediation model according to the waqf law, and how the application of mediation in the Religious Courts system

Liquidity ◽  
2017 ◽  
Vol 6 (2) ◽  
pp. 110-118
Author(s):  
Iwan Subandi ◽  
Fathurrahman Djamil

Health is the basic right for everybody, therefore every citizen is entitled to get the health care. In enforcing the regulation for Jaringan Kesehatan Nasional (National Health Supports), it is heavily influenced by the foreign interests. Economically, this program does not reduce the people’s burdens, on the contrary, it will increase them. This means the health supports in which should place the government as the guarantor of the public health, but the people themselves that should pay for the health care. In the realization of the health support the are elements against the Syariah principles. Indonesian Muslim Religious Leaders (MUI) only say that the BPJS Kesehatan (Sosial Support Institution for Health) does not conform with the syariah. The society is asked to register and continue the participation in the program of Social Supports Institution for Health. The best solution is to enforce the mechanism which is in accordance with the syariah principles. The establishment of BPJS based on syariah has to be carried out in cooperation from the elements of Social Supports Institution (BPJS), Indonesian Muslim Religious (MUI), Financial Institution Authorities, National Social Supports Council, Ministry of Health, and Ministry of Finance. Accordingly, the Social Supports Institution for Helath (BPJS Kesehatan) based on syariah principles could be obtained and could became the solution of the polemics in the society.


2019 ◽  
Vol 43 (3) ◽  
pp. 581-597 ◽  
Author(s):  
James A. Jaffe

With relatively few exceptions, personal petitions from individuals have received much less attention from historians than those from groups in the public political sphere. In one sense, personal petitions adopted many of the same rhetorical strategies as those delivered by a group. However, they also offer unique insights into the quotidian relationship between the people and their rulers. This article examines surviving personal petitions to various administrators at different levels of government in western India during the decades surrounding the East India Company’s conquests. The analysis of these petitions helps to refine our understanding of the place of the new judicial system in the social world of early-nineteenth-century India, especially by illuminating the discourse of justice that petitioners brought to the presentation of their cases to their new governors. The conclusion of this article seeks to place the rhetoric of personal petitioning within the larger context of mass political petitioning in India during the early nineteenth century.


2014 ◽  
Vol 878 ◽  
pp. 831-839 ◽  
Author(s):  
Keng Hang Fan

Waste separation bins that are mainly categorized into recyclable and non-recyclable are being installed almost everywhere in China. It is notable that China is pushing hard to get the public involved in garbage separation and recycling. As an ethnographic research, this paper provides social and cultural explanations of why the roles of these newly designed bins are extremely limited. Explanation of such limitation is deeply concerned with, first, the beliefs and knowledge about recycling of the general publics, and more importantly, the history and hard-to-be-changed culture of informal recycling involving garbage pickers in China. As a foreign Chinese, the author has been running around Beijing and other cities in China to explore into the behind the scene Chinese informal garbage collection system. Using a series of informative social surveys, interviewing the public and personal observation, the paper illustrates and discusses the social challenges and current dilemmas China is facing in attempts to formalize its garbage separation and recycling. The aim of the paper is to address the importance of integrating the existing culture and knowledge of the people with the making of future environmental technologies and policies.


Author(s):  
Lucien Jaume

This chapter argues that traditionalists fail to realize the fact that for Tocqueville, the power of the people was above all a sociological and moral power, not an institutional one. Democracy in America offered an original conception of His Majesty the Majority, which was still called “the Public.” In Tocqueville's eyes, the various organs of decentralized government—the communes (dominated by great landowners) of which the monarchists dreamed, the associations of families in Lamennais, the “social authorities” exalted by Le Play and his followers—made sense only in this context. The Public was not a phantom conjured up by political dreams—a liberal illusion that in Le Play's view stemmed from “the so-called principles of 1789.” The Public was the new subject of history, or at any rate the quintessential totem of political action.


2019 ◽  
Vol 14 (2) ◽  
pp. 136
Author(s):  
Fajrul Falah

This study aims to express the trust and hegemony in the "Broker" short story by Sri Lima R.N. This research is motivated by the idea that language in fiction or short stories is meaningful and indicated not to be neutral.  The language in the short story, became the media for sending message content to the author as a reflection of the social community referred to. The approach used in this study is the sociology of literature, specific to the study of Gramsci hegemony. The research method used is descriptive qualitative.  Research data obtained from text, words, phrases, sentences, contained in short stories related to trust and hegemony. The research data is then described and expressed based on the approach used. The results of the study show that there was a change in the characteristics of Handoko's character as a broker who was initially good, become opportunist. Brokerage profession is used as a tool to hegemony the public to get profits. Community trust in brokers and people who are considered smart also grow. However, Handoko's figure was eventually protested by people who had used their services and failed. Handoko or brokers run away from the protests and demands of the people.


2009 ◽  
Vol 34 (3) ◽  
pp. 671-696 ◽  
Author(s):  
Anne Mesny

This paper attempts to clarify or to reposition some of the controversies generated by Burawoy’s defense of public sociology and by his vision of the mutually stimulating relationship between the different forms of sociology. Before arguing if, why, and how, sociology should or could be more ‘public’, it might be useful to reflect upon what it is we think we, as sociologists, know that ‘lay people’ do not. This paper thus explores the public sociology debate’s epistemological core, namely the issue of the relationship between sociologists’ and non-sociologists’ knowledge of the social world. Four positions regarding the status of sociologists’ knowledge versus lay people’s knowledge are explored: superiority (sociologists’ knowledge of the social world is more accurate, objective and reflexive than lay people’s knowledge, thanks to science’s methods and norms), homology (when they are made explicit, lay theories about the social world often parallel social scientists’ theories), complementarity (lay people’s and social scientists’ knowledge complement one another. The former’s local, embedded knowledge is essential to the latter’s general, disembedded knowledge), and circularity (sociologists’ knowledge continuously infuses commonsensical knowledge, and scientific knowledge about the social world is itself rooted in common sense knowledge. Each form of knowledge feeds the other). For each of these positions, implications are drawn regarding the terms, possibilities and conditions of a dialogue between sociologists and their publics, especially if we are to take the circularity thesis seriously. Conclusions point to the accountability we face towards the people we study, and to the idea that sociology is always performative, a point that has, to some extent, been obscured by Burawoy’s distinctions between professional, critical, policy and public sociologies.


Author(s):  
Asthadi Mahendra Bhandesa ◽  
Putu Indrayoni ◽  
Ni Luh Putu Kartiningsih

The development of health is basically an effort to increase awareness, willingness, and the ability of every person to commit a healthy life to achieve the highest level of public health. Health behavior is influenced by several factors including physical, mental, spiritual, and social. This study aims to gain clarity about the social dimensions of the health behavior of the people of Abuan Village, Kecut, Bangli. Data collection in this research using observation, interview, and document study technique. Furthermore, the technique of data analysis is through data reduction or chosen according to research purpose. In the process of data analysis carried out throughout the study or carried out continuously from the beginning to the end of the study. Through the process of systematically tracking and arranging interview transcripts, field notes, and other materials, showed that the social dimension of health behavior in the form of a) human relationship with God; b) human relationships with humans; and c) human relationships with the environment.


Semiotica ◽  
2017 ◽  
Vol 2017 (215) ◽  
pp. 193-234 ◽  
Author(s):  
Nicola Power ◽  
Geoffrey Beattie ◽  
Laura McGuire

AbstractDespite the widespread recognition of climate change as the single biggest global threat, the willingness of people to change their behavior to mitigate its effects is limited. Past research, often focusing on specific categories of behavior, has highlighted a very significant gap between people’s intentions to behave more sustainably and their actual behavior. This paper presents a new approach to this issue, by using more open-ended questions to map a much broader range of cognitions and emotions about good environmental behavior. Two key findings emerged. Firstly, participants were aware of the contradiction between their level of concern about the environment and their willingness to act in more sustainable ways. The qualitative analysis further revealed that this discrepancy often hinged on a lack of knowledge about how to act more sustainably; the analysis also revealed a desire for more information about genuinely green behavior. Secondly, pro-environmental behavior was often conceptualized by participants in essentially “social” terms; anticipated emotions relating to sustainable/non-sustainable behavior were as closely tied to the behavior of one’s peers as to one’s own behavior. This finding suggests that we must highlight the social dimension in any interventions to increase sustainable behaviors amongst the public.


Author(s):  
Zainal Arifin Hoesein

<p>Materi muatan hukum selayaknya mampu menangkap aspirasi masyarakat yang tumbuh dan berkembang bukan hanya yang bersifat kekinian, melainkan sebagai acuan dalam mengan Ɵ sipasi perkembangan sosial, ekonomi, budaya dan poli Ɵ k di masa depan. Norma hukum pada dasarnya inheren dengan nilai-nilai yang diyakini oleh masyarakat, tetapi daya kekuatan keberlakuan hukum, Ɵ dak dapat melepaskan diri dari kelembagaan kekuasaan, sehingga hukum, masyarakat dan kekuasaan merupakan unsur dari suatu tatanan masyarakat. Oleh karena itu, Hukum Ɵ dak sekedar dipahami sebagai norma yang menjamin kepasa Ɵ an dan keadilan tetapi juga harus dilihat dari perspek Ɵ f kemanfaatan. Oleh karena itu, maka pembentukan hukum dalam perspek Ɵ f pembaruan hukum harus difokuskan pada dua hal yaitu, sistem hukum dan budaya hukum. Tulisan ini akan membahas bagaimana idealisasi peraturan perundang-undangan; bagaimana fungsi peraturan perundang-undangan dalam pembangunan hukum; dan bagaimana pendekatan metodologis terhadap pembentukan hukum. Dari berbagai pembahasan tersebut disimpulkan bahwa pembentukan hukum dalam perspek Ɵ f pembaharuan hukum, di samping harus memperha Ɵ kan aspek metodologis, juga harus merujuk dan meletakkan norma hukum dalam kesatuan harmoni ver Ɵ kal dengan aspek teologis, ontologis, posi Ɵ vis Ɵ k dan aspek fungsional dari suatu norma hukum.</p><p>The substance of the law should be able to capture the aspira Ɵ ons of the people who grow and develop not only be present, but as a reference in an Ɵ cipa Ɵ on of the social, economic, cultural and poli Ɵ cal future. The rule of law is essen Ɵ ally inherent to the values that are believed by the public, but the validity of the power of the law, not to break away from the ins Ɵ tu Ɵ onal power, so the law, society and power is an element of a society. Therefore, the law does not merely understood as a norm that ensures certainty and jus Ɵ ce but also to be seen from the perspec Ɵ ve of expediency. Therefore, the legal establishment in the perspec Ɵ ve of legal reform should be focused on two things, namely, the legal system and legal culture. This paper will discuss how the idealiza Ɵ on of laws, how the laws func Ɵ on in the development of the law, and how the methodological approach to the legal establishment. It was concluded that the forma Ɵ on of the law in the perspec Ɵ ve of legal reform, in addi Ɵ on must pay a Ʃ en Ɵ on to methodological aspects, should also refer to and put the rule of law in the unity of ver Ɵ cal harmony with aspects of the theological, ontological, posi Ɵ vist and func Ɵ onal aspects of the rule of law.</p>


SOSIETAS ◽  
2016 ◽  
Vol 6 (2) ◽  
Author(s):  
Saras Sarita ◽  
Siti Nurbayani

This study is about the changing role of traditional leaders called punyimbang in pepadun community. This research was conducted in the village of Terbanggi Besar, Terbanggi Besar District of Central Lampung regency. This research was motivated by the social and cultural changes taking place in society. The research is a qualitative research method of case study that compares difference conditions punyimbang role ago and today. The results of this study are firstly the social and cultural changes that occurred in the community so that the role punyimbang the first switch and always involved in every aspect of community life is starting at left, second, the factors that cause changes in this role is the modernization that began touching indigenous peoples pepadun village Terbanggi great so that people began to leave things that are traditional, third, these changes have an impact on the conflict in the community, due to the people lost figure punyimbang that exemplifies the good things that people are starting to do a lot of irregularities such as conflict between villages, spoliation, and the conflict between generations, fourth, related to the changing role of public response punyimbang happens is people still assume the existence punyimbang needed as long as there customary held by the public but does not bind as before.


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