scholarly journals The Role of Executors in Mariage Properties Sharing Based on Islamic Law

2021 ◽  
Vol 3 (2) ◽  
pp. 19-31
Author(s):  
Syuaib Syuaib ◽  
M. Taufan B. ◽  
Ermawati Ermawati
Keyword(s):  
Direct Observation ◽  
Final Stage ◽  
Qualitative Method ◽  
Islamic Law ◽  
The Public ◽  
The People ◽  
Special Studies

This study discusses the duties and functions of court bailiff in the settlement of marriage properties or  gono gini in the religion court.   This study used qualitative method which the data were collected through direct observation and interviews with the religious court staff and judges. The findings show that  the tasks and roles of the bailiff at the religious court in solving the marriage properties. They play  an important role in carrying out the execution of the marriage properties ot gono gini ssets. In the process of confiscation of the marriage properties, the confiscator is an important component in the final stage of the settlement of a case. The steps or stages of the process of carrying out the confiscation of the bailiffs are waiting for the verdict issued by the head of the judges in the settlement of marriage properties. Importance prospects of thought to the question of duty and fun g of the bailiff to the people as possible with their special studies were made of the court to the public.

Peran Bank Syariah: Menuju Perekonomian Masyarakat Madani

2019 ◽  
Vol 1 (2) ◽  
pp. 131-144
Author(s):  
Dini Maulana Lestari ◽  
M Roif Muntaha ◽  
Immawan Azhar BA
Keyword(s):  
Financial Markets ◽  
Islamic Law ◽  
Financial Service ◽  
Islamic Banks ◽  
Free Society ◽  
The Public ◽  
Turn On ◽  
The People ◽  
Strategic Role

Islamic banks are present in the community as financial institutions whose activities are based on the principles of Islamic law for the benefit of the people. This study aims to determine the strategic role of Islamic Banks as financial service institutions, the importance of the existence of Islamic Banks and Islamic-based markets and financial instruments in them. In its development, Islamic banks have a role as institutions that turn on public funds, channel funds to the public, transfer assets, liquidity, reallocation of income and transactions. In the Indonesian economic system, the existence of Islamic Banks is important as an alternative solution to the problem of conflict between bank interest and usury. Islamic financial markets and instruments provide a free society of interest and follow a different set of principles. Distribution of profit/ loss according to evidence of participation in the management fund. The division of rental income in the form of musharaka.

ANALISIS DISTRIBUSI ZAKAT PADA BAZNAS DALAM PENCEGAHAN COVID-19 DITINJAU DARI MAQASHID SYARIAH

2021 ◽  
Vol 3 (1) ◽  
pp. 25-41
Author(s):  
Jureid Jureid
Keyword(s):  
Qualitative Method ◽  
The Public ◽  
The People ◽  
Social Fields ◽  
Research Show ◽  
Descriptive Qualitative

The outbreak of Covid-19 in Mandailing Natal has caused several problems in the economic, educational and social fields. The problems that occur certainly really need the role of Baznas in overcoming them. The purpose of this research is to find out how the distribution of zakat in the process of preventing Covid-19 in Mandailing Natal and to know the perspective of maqashid sharia on this distribution. The method used in this research is descriptive qualitative method in the review of maqashid sharia. The results of the research show that the zakat distribution mechanism is carried out by means of Baznas actively engaging the community to call for zakat, it is even recommended to the public to take part in paying without having to be visited by Baznas or other policies including the muzakki's own workplace. Zakat distributed is not only in the form of money or food but is adjusted to the needs of the people affected by Covid-19 and is distributed periodically and Baznas is actively monitoring and evaluating the program. Zakat as an Islamic fiscal instrument has helped ease the burden on people affected by Covid. Consumptive zakat or productive zakat can be a mental solution and make the mustahik prosperous. Zakat together with its derivatives has brought enormous benefits to affected communities or other mustahiks. Zakat can guarantee the continuity of life in various aspects including maintaining life, property, religion, reason and of course zakat is the main object of maqashid sharia towards a prosperous society

scholarly journals TINJAUAN HERMENEUTIS TERHADAP HADIS KEPEMIMPINAN PEREMPUAN DALAM ISLAM

2018 ◽  
pp. 277
Author(s):  
Wahyudi Wahyudi ◽  
Nur Fadilah
Keyword(s):  
Public Sphere ◽  
Qualitative Method ◽  
Social Background ◽  
Psychological Perspective ◽  
The Public ◽  
The People ◽  
Role Of Women ◽  
The Public Sphere

This paper discusses the hermeneutical perspective of the prohibition for women to become leaders hadith narrated by Abu Bakrah. The factor that became the background of this study is that there are still many people who understand that women are the second creature, namely "konco wingking". So, they are not deserve to be a leader for people. One of the normative bases is the hadith narrated by Abu Bakrah. The textual-literal understanding of the hadith has implications for the role of women in the public sphere so that there needs to be someone who can answer and place women to their proper degree. This study uses a qualitative method with Schleiermacher hermeneutics approach.The results of this research are the Hadith about the ban on women becoming leaders who narrated by Abu Bakrah through grammatical hermeneutics and psychological perspective cannot be applied in General. Thus, there are no restrictions for women today to be a leader for the people because they currently have a different social background when the Hadith it comes.

scholarly journals Peran Lembaga Kepolisian dalam Perspektif Fiqh Siyasah

2020 ◽  
Vol 22 (2) ◽  
pp. 401-423
Author(s):  
Diah Sari Pangestuti
Keyword(s):  
Islamic Law ◽  
Public Order ◽  
Police Agency ◽  
Internal Security ◽  
Crime Statistic ◽  
Continuous Increase ◽  
The Public ◽  
The People ◽  
The Law

Looking at the crime statistic, it shows the continuous increase of crime either in number and quality. Even more varied and creative. Therefore, in order to produce internal security and to maintain the wellbeing of the people, a special institution is needed to handle it, namely the Police Agency. By using normative legal research and combining it with an analytical approach in order to analyze the data descriptively and inductively, this study tries to determine the role of the Police agency based on Fiqh Siyasah. It is concluded that: firstly, in Indonesian, there is a Police Agency that is a state instrument that plays a role in maintaining public order and security, enforcing the law, providing protection and services to the public. Secondly, in Islamic Law, there is the Muhtasib Institution, which has a supervisory and controlling body. Thirdly, that the Police in Islamic and Indonesian Law has almost the same duties that are as law enforcement to maintain security and public order. However, because of the law in Islam covers both mu'amalah and 'ubudiyyah aspects, so the scope of police responsibility in Islam is broader.

scholarly journals Analisis terhadap Larangan Analogi dalam ‎Rancangan Undang-Undang Kitab Undang-Undang ‎Hukum Pidana

2016 ◽  
Vol 2 (2) ◽  
pp. 408-419
Author(s):  
Ikhsan Fatah Yasin
Keyword(s):  
Rule Of Law ◽  
Islamic Law ◽  
Criminal Code ◽  
The Rule Of Law ◽  
The Public ◽  
The People ◽  
Draft Bill ◽  
Good Analogy

Abstract: This article discusses the analysis of the prohibition of analogy in the Draft Bill. The majority of the experts of jurisprudence against analogy. The author does not agree with the ban on using the analogy in the Draft Bill, but justifies the analogy with the record, the judge must be competent and with integrity. If the judge is unable to make analogy, then he could use self-interpretation to find a legal decition. The argument of usage of analogy is to seek substantial justice for the people without setting aside the individual’s rights, because by using the analogy, the rule of law will remain unfulfilled. It is because the crime, in its various forms, is still contrary to morality even though it is not written, and even if the crime has an impact to the public. In Islamic law, the method of qiyâs compiled by Imam Shafi’i in may be used as a good analogy, because qiyâs method has been tested by producing many laws.Keywords: Analogy, draft bill, the criminal code. Abstrak: Artikel ini membahas tentang analisis terhadap larangan analogi dalam RUU KUHP. Mayoritas para ahli ilmu hukum menentang analogi. Penulis tidak sepakat dengan larangan menggunakan analogi dalam RUU KUHP, tetapi membenarkan analogi dengan catatan, hakimnya harus kompeten dan berintegritas. Jika hakimnya memang tidak mampu untuk beranalogi, maka ia masih bisa menggunakan interpretasi untuk menemukan hukumnya.   Argumen diperbolehkannya analogi adalah untuk mencari keadilan substansial bagi masyarakat tanpa menyampingkan perlindungan individu, sebab dengan menggunakan analogi kepastian hukum akan tetap terpenuhi. Karena kejahatan, dalam berbagai bentuknya, tetap saja bertentangan dengan kesusilaan meskipun ia tidak tertulis, apalagi jika kejahatan tersebut membawa pengaruh kepada masyarakat luas. Dalam hukum Islam, metode qiyâs yang disusun oleh Imam Syafi’i dalam berijtihad mungkin dapat digunakan sebagai proses analogi yang baik, sebab metode qiyâs ini sudah teruji dengan memproduksi banyak hukum. Kata Kunci: Analogi, Rancangan Perundang-undangan, KUHP.

scholarly journals KONSEP WELLFARE STATE DI INDONEISA

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Winda Roselina Effendi
Keyword(s):  
Social Security ◽  
Welfare State ◽  
Social Services ◽  
The State ◽  
The Public ◽  
The People ◽  
Role Of The State ◽  
Market Economy System ◽  
Economy System

Walfare State concept born in the era of the 20th century as a correction of the development of the concept of the country as night watchman, the phenomenon of economic capitalism that gradually leads to lameness in the distribution of sources of prosperity. In the Walfare State concept, the state is required to extend its responsibility to the socio-economic problems facing the people. The functions of the state also include activities that were previously beyond the scope of state functions, such as extending the provision of social services to individuals and families in specific matters, such as social security. The role of the state can not be separated with Welfare State because the state that plays a role in managing the economy which includes the responsibility of the state to ensure the availability of basic welfare services in certain levels. Welfare State does not reject the existence of a capitalist market economy system but believes that there are elements in the public order that are more important than market objectives and can only be achieved by controlling and limiting the operation of such market mechanisms.Keywords: walfare state, country, economic systemKonsep Walfare State yang lahir di era abad ke-20 sebagai koreksi berkembangnya konsep negara sebagai penjaga malam, gejala kapitalisme perekonomian yang secara perlahan-lahan menyebabkan terjadinya kepincangan dalam pembagian sumber-sumber kemakmuran bersarma. Dalam konsep Walfare State, negara dituntut untuk memperluas tanggung jawabnya kepada masalah-masalah sosial ekonomi yang dihadapi rakyat. Fungsi negara juga meliputi kegiatan-kegiatan yang sebelumnya berada diluar jangkauan fungsi negara, seperti memperluas ketentuan pelayanan sosial kepada individu dan keluarga dalam hal-hal khusus, seperti social security, kesehatan.  Peran negara tidak bisa dipisahkan dengan Welfare State karena negara yang berperan dalam mengelola perekonomian yang yang di dalamnya mencakup tanggung jawab negara untuk menjamin ketersediaan pelayanan kesejahteraan dasar dalam tingkat tertentu. Welfare State tidak menolak keberadaan sistem ekonomi pasar kapitalis tetapi meyakini bahwa ada elemen-elemen dalam tatanan masyarakat yang lebih penting dari tujuan-tujuan pasar dan hanya dapat dicapai dengan mengendalikan dan membatasi bekerjanya mekanisme pasar tersebut. Kata Kunci: walfare state, negara,sistem ekonomi 

scholarly journals Implementation of Social Culture in Corporate Governance: A Literature Study

2019 ◽  
Vol 11 (1) ◽  
pp. 293
Author(s):  
Mukhtaruddin Mukhtaruddin ◽  
M. Adam ◽  
Isnurhadi Isnurhadi ◽  
Luk Luk Fuadah
Keyword(s):  
Corporate Governance ◽  
Ownership Structure ◽  
Audit Committee ◽  
Literature Study ◽  
Social Culture ◽  
The Public ◽  
Good Corporate Governance ◽  
The People ◽  
Governance Index

Good corporate governance (GCG) is a principle implemented by the company to ensure that the interests of stakeholders are not neglected. GCG consists of five main pillars which are transparency, accountability, responsiveness, independency, and fairness. In Indonesia, GCG implementation has not been effective enough as it is only necessarry for large companies and the public. The instrument used to assess GCG implementation is not appropriate either, examples of such are its portion, the existence and role of independent commissioners, portion, the existence and role of the audit committee, and ownership structure. This paper analyzes the implementation of culture found in Indonesian people living in GCG system. With the implementation of this social culture, the corporate GCG is better in its implementation because it is built on the noble values of the people. It then became the Pancasila which is the philosophy of Indonesia as such the the GCG implementation is accessed using the Pancasila Corporate Governance Index (PCGI).

scholarly journals The Control of Environment Management Through Administrative Court

2018 ◽  
Vol 31 ◽  
pp. 09024
Author(s):  
Aju Putrijanti
Keyword(s):  
Law Enforcement ◽  
Conflict Of Interest ◽  
Good Governance ◽  
Human Life ◽  
Environmentally Friendly ◽  
Environment Management ◽  
The Public ◽  
The People

Environment is important in human life. Conflict of interest comes between development of economy sector, citizenship needs and Governance, as it becomes completely difficult to analyze. The environment’s lawsuit is increase from the beginning of the Court established. The duty of Administrative Court are to investigate, decide and settle administrative disputes. The Governance has to pay attention before issuing the Government’s decree by put principle of good governance as priority. The issue in this paper is strengthening the role of Administrative Court to maintain the environment reuse by settle environment disputes based on the importance of environment. The administrative decisions in environment field may cause a loss or damage for the people. When the public officer did not put the appreciation to the reuse of environment and principle of good governance, it will become problems. The decision should be environmentally friendly. There should be certified judge to settle the dispute. The method of this research by examines the Judge’s verdict in environment disputes, and its relation with regulations and the newest issues. The conclusion is increase the role of the Administrative Court to maintain the environment by law enforcement through settle environment disputes.

scholarly journals The Construction of Socio-Cultural Stigmatization of Mental Disorders: A Study on the Forms and Factors of Stigma

2017 ◽  
Vol 1 (1) ◽  
pp. 22
Author(s):  
Bambang Dharwiyanto Putro
Keyword(s):  
Mental Disorders ◽  
Public Stigma ◽  
Internal Factors ◽  
The Public ◽  
Life History Data ◽  
The People ◽  
Qualitative Descriptive ◽  
And Behavior ◽  
Depth Interviews

The construction of socio-cultural stigmatization on the understanding of mental disorders is particularly interesting to study in the people with mental disorders who received treatment at the Mental Hospital. Mental disorder is a disease caused by the chaos of thoughts, perceptions and behavior in which the individualaare not able to adjust to themselves, other people, society and the environment. By applying the cultural studies viewpoint that is siding with the oppressed, the study aims to determine the forms and factors causing the stigma of people with mental disorders. The research method used is observation, in-depth interviews and life history data collection. The collected data were then analyzed using qualitative descriptive and interpretative. The results showed that the forms of stigma with mental disorders are divided into two, namely the public stigma (stigma derived from the community) and self-stigma (stigma comes from the patient and his own family). The forms of the public stigma include rejection, exclusion, and violence. The self-stigma takes the forms, among others, prejudice, guilt, fear and anger. Factors behind the stigma of mental disorders are external and internal factors. External factors include, among others, the madness is a disgrace, the myth of mental illness, and people's belief regarding the role of dukun. While the internal factors are family knowledge of the etiology of mental disorders, lack of family support and feelings of shame.

A Social Media Manifesto

2014 ◽  
Vol 20 (1) ◽  
Author(s):  
Peter J. Pitts
Keyword(s):  
Social Media ◽  
Los Angeles ◽  
Public Good ◽  
Bottom Line ◽  
The Public ◽  
The People ◽  
Healthcare Marketing ◽  
The One ◽  
Hard Place

The role of marketing communications is to advance the bottom line and the public good – and not necessarily in that order. Giving back is an integral part of the New Normal. And there has never been a better tool to accomplish this mission than social media.But healthcare marketing –and particularly of the regulated variety --is between a rock and a hard place. On the one hand, marketers understand the importance and opportunity in social media. It’s where the people are. It’s where the action is. But then there are all those pesky regulatory concerns.As Walter O’Malley –the man who moved the Brooklyn Dodgers to Los Angeles once commented, “The future is just one damn thing after another.”

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