Pelaksanaan Peraturan Pemerintah No. 9 Tahun 1975 dalam Perspektif Sosiologi dan Antropologi Hukum Islam

Author(s):  
Muchimah MH

Government Regulation No. 9 of 1975 related to the implementation of marriage was made to support and maximize the implementation of Law No. 1 of 1974 which had not yet proceeded properly. This paper examines Government Regulations related to the implementation of marriage from the perspective of sociology and anthropology of Islamic law. Although the rules already exist, some people still carry out marriages without being registered. This is anthropologically the same as releasing the protection provided by the government to its people for the sake of a rule. In the sociology of Islamic law, protection is a benchmark for the assessment of society in the social environment. Therefore the purpose of this paper is to find out how the implementation of marriage according to PP. No. 9 of 1975 concerning the Marriage Law in the socio-anthropological perspective of Islamic Law.

Author(s):  
Sifa Mulya Nurani

Marriage has the goal of benefiting and prospering in life. Marriage is not only crucial to achieve the happiness of human life on earth. In terms of its kinds, marriage has much diversity. However, in Indonesia, unions recognized in the Marriage Law and the Islamic Law Compilation are monogamous and polygamous marriages. Polygamy is discussed in Islam, but the government regulates it with stringent regulations regarding practising polygamy. Law Number 1 of 1974 concerning marriage as a positive response to regulating a husband who wants to marry more than one person. Republic of Indonesia Government Regulation No. 9 of 1975 concerning the Implementation of Law No.1 of 1974 concerning Marriage and in the Compilation of Islamic Law, which regulates polygamy and the requirements for polygamy for Muslims. Ideally, the two regulations of Law no. 1/1974 and KHI aim to provide terms and conditions for husbands who want to remarry (polygamy). These provisions aim to minimize the arbitrary attitude of husbands (men) towards wives (women). This provision is also for the creation of a sakinah, mawaddah and warrahmah. Polygamy that occurs around us still ignores the rules of polygamy as above. Most of them practice polygamy only because of the fulfilment of lust, so they often forget and even violate the main principles in Islamic law, namely the realization of justice and benefit.


2021 ◽  
Vol 15 (1) ◽  
pp. 1-18
Author(s):  
Zarul Arifin

This research is based on an initial survey of the distribution of subsidized 3-kg LPG which I think is not right on target because it is full of fraudulent practices. In distributing LPG, it was found that many rich people still buy subsidized 3-kg LPG. In fact, according to government regulations, 3-kg LPG is intended for the poor economic community or small business owners. The problem that is the focus of this research is how the mechanism for distributing 3-kg LPG is in Sajad Regency, and how is the law on selling 3-kg LPG for the rich when viewed according to Islamic law. To answer these questions, data collection techniques were carried out through observation and interviews. The results of this study are 1) the distribution of 3-kg LPG is not in accordance with government regulations, namely the distribution of LPG prioritizes people who can afford it above the official price, while the poor can only get a small part of the official government price/national subsidy price, so there are more stock for sale at more expensive than the official price. 2) If viewed from Islamic law, the distribution of 3-kg LPG is not in accordance with the sharia business method because it is carried out by ignoring government regulations, namely traders are considered to have broken an agreement with the government regarding price determination. In addition, this buying and selling practice also lacks supervision, no sanctions and no law enforcement to maintain subsidy prices so that many sellers dare to violate contracts with the government and violate government regulations.


Author(s):  
Fitrotu Aini

ABSTRACTHajj as a great symbol of worship. Hajj is the fifth pillar of Islam which is mandatory for every Muslim who are able to da it in accordance with the legal requirement of pilgrimage. One of the legal conditions of Hajj is the capability, capable to cover the cost of the hajj and the family left behind. Panin Bank Dubai Sharia Bank was established based on the regulation of Limited Company No. 12 dated January 8, 1972 by Moeslim Dalidd, a notary in Malang. PT. Bank Panin Dubai Syariah Tbk has been legalized by the Financial Services Authority ("OJK"), in accordance with a copy of the policy of the Board of Commissioners of OJK No. Kep-29 / D.03 / 2016 on July 26, 2016.Therefore, through this research, the writer wants to understand: (1) how is the practice of applying alternative financial agreement of hajj and umrah after the implementation of regulation made by ministry of religious affair No. 24 year 2016 at Panin Bank Dubai Syariah Surabaya branch? (2) What is the analysis of Islamic law on the practice of multilateral contract alternative application in this Bank? Therefore, this study is aimed to, firstly, understand and describe the application of alternative contracts to hajj and umrah after the regulation of Ministry of Religious Affairs No. 24 of 2016 in Panin Bank Dubai Sharia branch Surabaya, and to describe the analysis of Sharia Economic Law about the practice of applying alternative contract in the bank.The method used in this research is qualitative method. The research data are taken in natural situation in Panin Bank Dubai Syariah Surabaya. The data are taken during operational hours using case study approach. Are done through interview technique with the main participant, Assistant Manager 1, and document, archive, book, sample of registration, as secondary data source. The data are analyzed through 3 (three) data deduction, display data and ended with conclusion and verification.The results of the study indicate that the Panin Bank Dubai Sharia runs in accordance with the government regulation No. 24 year 2016 "BPS BPIH is prohibited from providing direct and indirect Hajj money service" including Hajj and Umrah services using various financing products and funds saving, funds collecting in the form of deposits, savings or other forms, using multi-service financing akad wadi'ah, with the savings of hajj services with initial minimum deposit of Rp500,000,and according to customers’ ability. Keywords: hajj, umrah, wadi'ah.


2020 ◽  
Vol 31 (5) ◽  
pp. 513-524
Author(s):  
Junlong Chen ◽  
Yajie Wang ◽  
Jiali Liu

This paper sets up an industry competition model consisting of two upstream enterprises and two downstream enterprises. Then we rely on the model to explore how non-regulation and different regulatory policies (maximizing the total profits of the upstream enterprises, the social welfare of the upstream industry or the overall social welfare) affect the following factors: the excess capacity, enterprise profits, consumer surpluses, social welfare in the upstream and downstream enterprises and the overall social welfare. The following conclusions are drawn from our research. First, whether and how the government regulates the capacity choice greatly affect the equilibrium outcomes, as well as the welfare distribution among the upstream enterprises, downstream enterprises, and consumers. The specific effects are dependent on market demand and enterprise cost. Second, the government should formulate its regulatory policies on capacity choice based on the overall social welfare of the entire supply chain. If the government aims to maximize the profits of the upstream enterprises, the social welfare of the downstream industry will be negatively affected. Third, excess capacity does not necessarily suppress social welfare. Under certain conditions, the worst scenario of excess capacity may occur under the pursuit of the maximal overall social welfare. Excess capacity may arise from various causes, rather than market competition or government regulation alone. Excess capacity cannot be attributed solely to government failure. These conclusions have some significance for optimizing capacity regulation policies.


2019 ◽  
Vol 1 (1) ◽  
pp. 51-58
Author(s):  
Fachrizza Sidi Pratama

Legislation is one of the legal products issued by the state government component. In this case, the laws and regulations include the Constitution of the Republic of Indonesia year 1945, the Decree of the People's Consultative Assembly, The Law / Regulation of the Government In lieu of Laws, Government Regulations, Presidential Regulations, and Local Regulations. As for its application, the rules have levels in the arrangement, where there are sections that explain macro and its derivatives that are narrowing down to the implementing regulations. The levels of the rules must be complete because each of them has its own function.  Meanwhile, in this journal, there will be a discussion on the phenomenon of legal vacancies in the case study of Government Regulation of the Republic of Indonesia Number 51 of 2020 related to the Period of Extending Passports to 10 Years, where in the issuance of government regulations have not been included implementing regulations that will regulate how the implementation of government regulations in the field.  


2018 ◽  
Vol 2 (02) ◽  
Author(s):  
Reyfando Bilgery Mangarey ◽  
Gabriela Nikita Mose ◽  
Lintje Kalangi

Government Regulation No. 71 of 2010 concerning Government Accounting Standards in recording inventory can realize the performance performed by government agencies, especially in the presentation of inventory reporting. The purpose of this study was to determine the government accounting standard policies in reporting inventory at the Office of Public Works and Regional Spatial Planning of North Sulawesi Province according to Government Regulation Nomber. 71 of 2010 based on PSAP 05 concerning Inventory Accounting and the method used in this research is the service inventory reporting analysis method Public Works and Regional Spatial Planning of North Sulawesi Province with the technique of science and technology collecting inventory data and conducting analysis. The results of this study indicate that inventory reports at the Public Works Agency and Regional Spatial Planning of North Sulawesi Province are stated to be in accordance with government accounting standards.Keywords: Policies, government regulations, Inventory Reporting


2015 ◽  
Vol 1 (1) ◽  
pp. 83-91
Author(s):  
Elina Moroz

In the article describes the main theoretical bases of tariffs’ formation for central water supply and sewage services of the stimulating regulation principles has been considered. The author proposed to extend the government regulation principles of tariffs, and developed structural-logical scheme of tariff’ formation for water supply and sewage in conditions of the priority of the social and environmental measures’ realization.


2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Indrianti Azhar Firdausi ◽  
Fuqoha Fuqoha

The development of information technology should be maximized by the government in establishing communication and information about policies taken by the government. Thus, good communication will be held in order to achieve the goals of the State without the social upheaval that arises in the community due to policies set by the government. One of the failures of government public communication is the government's failure to explain and socialize the Presidential Regulation Number 20 of 2018 concerning the Use of Foreign Workers who get responses to the pros and cons of all parties, both from the general public and from government opposition. The communication failure gave birth to multi-interpretation from various circles of society and government. Every government regulation or legal policy has functions and objectives in order to achieve the goals of the State. Conception The rule of law guarantees legal certainty, legal benefits and legal justice. The regulation on the use of foreign workers is one form of legal certainty in order to protect opportunities and employment opportunities for citizens of their own country. However, communication failures built by the government resulted in multi-interpretation of policies that were considered to provide convenience for foreign workers and complicate Indonesian employment opportunities.


2021 ◽  
Vol 2 (2) ◽  
pp. 67-74
Author(s):  
Murlis Murlis

The social welfare of the elderly is an action as an effort to fulfill the needs of the community, especially the elderly who are unable to carry out their social functions, namely by providing assistance and sponsorship services. Thus, it is hoped that the elderly can improve their welfare so that they can live properly. According to Government Regulation Number 43 of 2004, what is meant by efforts to improve the social welfare of the elderly is a series of activities carried out in a coordinated manner between the government and the community to empower the elderly so that the elderly can continue to carry out their social functions and play an active role naturally in the life of the community, nation and state. Law of the Republic of Indonesia Number 13 of 1998 concerning the Welfare of the Elderly states that efforts to improve the social welfare of the elderly are carried out on the basis of faith and devotion to God Almighty. Efforts to improve social welfare are aimed at extending the life expectancy and productive period, creating independence and welfare, maintaining the cultural value system and kinship of the Indonesian nation, and getting closer to God Almighty.


2021 ◽  
Vol 21 (1) ◽  
pp. 23-54
Author(s):  
Ahmad Syafii Rahman ◽  
Amir Mu’allim

The existence of vagrants and beggars as a sub-culture of poverty is a separate problem for the government and the people of Yogyakarta in general. This research was conducted to examine and analyze the effectiveness of the Yogyakarta City Government Regional Regulation No. 1 of 2014 concerning the handling of homeless and human rights beggars in the review of maqasid shariah and seeks to find the crucial factors that influence the effectiveness of the DIY city government regulation based on a human rights perspective. humans in the view of maqasid syariah. The facts in the field were collected using qualitative methods with a sociological normative juridical approach and technical analysis using analytical descriptions. The results of this study are the Role and Functions of the Social Service in tackling Homeless and Beggars in the Special Region of Yogyakarta which has been procedurally fulfilled based on the Yogyakarta Regional Regulation No. 1 of 2014, but conceptually has not been fully implemented in the DIY City Regional Regulation No. 1 of 2014. In the perspective of human rights, in terms of quantity, the regional regulation has guaranteed the fulfillment of the rights of the homeless and beggars, the implementation is in accordance with standard operational procedures in the field. According to the Maqasid syariah perspective, the government's program to overcome sprawl has realized the maqasid syariah, namely the maintenance of religion (hifz din), reason (hifz al-aql) maintenance of the soul (hifz al-nafs) maintenance of offspring (hifz al-nasl) maintenance of property ( hifz al-mal)


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