scholarly journals Constitutional Guarantees Regional Regulations of Sharia in Indonesia

2021 ◽  
Vol 23 (1) ◽  
pp. 81-100
Author(s):  
Sodikin Sodikin
Keyword(s):  
Qualitative Analysis ◽  
Research Methods ◽  
Constitutional Rights ◽  
The Right

Regional regulations or Sharia Regional Regulations are the product of legislation under laws that have Islamic teachings. The problem that underlies the existence of a Sharia Regional Regulations is whether it is constitutionally justified and how the constitutional guarantee of the existence of a Sharia Regional Regulations is applicable. This problem is examined using descriptive normative research methods with qualitative analysis. The results of this study indicate the objectives achieved are first, the existence of Sharia Regional Regulations due to the legal awareness of people who are aware as religious citizens so that their lives will be better which is constitutionally justified in the 1945 Constitution and Pancasila. Second, Article 29 of the 1945 Constitution and Pancasila provides constitutional guarantees for the existence of Sharia Regional Regulations. This is because Chapter XI Article 29 of the 1945 Constitution regulates the issue of Religion which is strengthened by the First Precepts of the Pancasila which shows the constitutional rights of citizens, that is, every citizen has the right and obligation to have a religion and practice his religion and beliefs.

Introduction

2020 ◽  
pp. 1-22
Author(s):  
Adam S. Chilton ◽  
Mila Versteeg
Keyword(s):  
Research Methods ◽  
Free Speech ◽  
Research Question ◽  
Theoretical Explanation ◽  
Constitutional Rights ◽  
Right To Education ◽  
Main Research ◽  
Freedom Of Movement ◽  
Formal Organizations ◽  
The Right

This chapter introduces our main research question: do constitutional rights make a difference? For instance, if a country constitutionalizes free speech, does that improve respect for free speech in practice? It also describes the research methods we use to answer this question and previews our core findings: five rights that are practiced on an individual basis—the right to free speech, the prohibition of torture, the freedom of movement, the right to education, and the right to healthcare—are not associated with better rights practices, while three rights that are practiced by and within organizations (“organizational rights”)—the freedom of religion, the right to unionize, and the right to form political parties—are associated with higher levels of respect for those rights in practice. The chapter further provides a summary of our core theoretical explanation for these findings: to enforce constitutional rights, rights violations need to be politically costly, and formal organizations are better equipped to impose such costs than unorganized citizens.

scholarly journals Perlindungan Hukum Bagi Pemegang Hak Merek Superman Terhadap Pelanggaran Merek

2021 ◽  
Vol 3 (1) ◽  
pp. 85
Author(s):  
Viona Talitha Syafira
Keyword(s):  
Qualitative Analysis ◽  
Research Methods ◽  
Secondary Data ◽  
Court Judge ◽  
The Right

Owners of well-known marks in Indonesia have in some cases been rejected when submitting their application for registration by DGIP because most of the similar marks have already been registered. For example, PT. Marxing Fam Makmur by registering the Superman trademark while it was registered first by DC Comics. So, the problem is how the protection of Superman's trademark rights holders based on Law No. 20 of 2016, and how is the decision of the Commercial Court judge in ruling on trademark disputes. This study uses normative research methods which are sourced from secondary data as a support for qualitative analysis. Based on the analysis, it is known that the Superman brand belongs to PT. Marxing Fam Makmur has similarities in essence to the Superman brand owned by DC Comics and the Superman trademark registrant has bad intentions, so DC Comics as the owner of the Superman mark has the right to file a trademark cancellation lawsuit to the Central Jakarta Commercial Court. In the lawsuit, DC Comics did not prepare the lawsuit accurately and clearly so that the lawsuit became vague and the judge decided that the lawsuit was declared unacceptable

Metodologi Pengeluaran Fatwa di Jawatankuasa Fatwa Negeri Johor

2018 ◽  
Vol 13 (1) ◽  
pp. 70-88
Author(s):  
Mohd Faez Mohd Shah ◽  
Norhidayah Pauzi
Keyword(s):  
Literature Review ◽  
Research Methods ◽  
Research Methodology ◽  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
The State ◽  
Original Source ◽  
Interview Methods ◽  
The Right

In the discipline of Islamic law research, strong proofing and clear Istinbat method are key pillars in the construction of Islamic law based on the application of the science of usul al-fiqh and maqasid al-shari'ah. However, what happens at the state of Johor’s fatwa institution is the opposite. The fatwa research methods applied by the Fatwa Committee of Johor in resolving current fatwa issues is not based on the right and true discipline of Islamic law research. In fact, current inputs related to fatwa issues are not explicitly stated in the method of determining the law either in the form of reality or scientifically verified. Therefore, this paper will discuss the fatwa procedures undertaken by the Fatwa Committee of Johor based on the methods applied in resolving current issues. The research methodology adopted is library and interview methods. This study shows that fatwa management and production in the state of Johor is placed under the jurisdiction of the Mufti of Johor’s Department. The methods adopted by the Fatwa Committee of Johor covers two methods, namely: internal research methods including literature review through the application of original source and proofs based on syarak. Second: field research method that includes an external review or going to the location of study such as conducting observation, questionnaires and interviews including referrals to specialists of different fields. Maslahah and mafsdah consideration are also implemented by the Fatwa Committee in every fatwa decision based on the standard that meets the interests of maqasid al-shari'ah. Keywords: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah ABSTRAK Dalam disiplin penyelidikan hukum Islam, kekuatan pendalilan dan kaedah istinbat yang jelas merupakan tunggak utama dalam pembinaan hukum Islam berasaskan kepada aplikasi ilmu usul al-fiqh dan maqasid al-shari’ah. Namun begitu, apa yang berlaku di institusi fatwa negeri Johor adalah sebaliknya. Kaedah penyelidikan fatwa yang diaplikasi oleh Jawatankuasa Fatwa Negeri Johor dalam menyelesaikan isu fatwa semasa tidak berasaskan kepada disiplin penyelidikan hukum Islam yang tepat dan sebenar. Malahan input-input semasa yang berkaitan dengan isu fatwa juga tidak dinyatakan secara jelas dalam kaedah penentuan hukum sama ada dalam bentuk realiti yang berlaku atau pembuktian secara saintifik. Justeru, kertas kerja ini akan membincangkan prosedur fatwa Jawatankuasa Fatwa Negeri Johor berdasarkan metode-metode yang diaplikasi dalam menyelesaikan isu-isu yang bersifat semasa. Metodologi kajian yang digunakan dalam kajian ini adalah melalui metode perpustakaan dan metode lapangan. Hasil kajian menunjukkan bahawa pengurusan dan pengeluaran fatwa di negeri Johor hanya terletak di bawah bidang kuasa Jabatan Mufti Johor. Metode fatwa yang diamalkan oleh Jawatankuasa Fatwa Negeri Johor merangkumi dua metode iaitu pertama, kaedah penyelidikan dalaman yang merangkumi kajian kepustakaan menerusi pengaplikasian dari sumber asas dan dalil-dalil syarak. Kedua, kaedah penyelidikan lapangan yang meliputi kajian luaran atau turun ke lokasi kajian seperti observasi, soal selidik dan temubual dan rujukan kepada pakar dalam bidang yang berlainan. Pertimbangan maslahah dan mafsdah juga dimplementasikan oleh Jawatankuasa Fatwa dalam setiap keputusan fatwanya berasaskan standard yang menepati kepentingan maqasid al-shari’ah. Kata kunci: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah

PENERAPAN PERSEPSI ORANGTUA DALAM MEMENUHI HAK PARTISIPASI ANAK USIA 9-12 TAHUN DI DESA BENA AMANUBAN SELATAN NUSA TENGGARA TIMUR

2019 ◽  
Vol 1 (2) ◽  
pp. 121-138
Author(s):  
Lodiana Nitti ◽  
Friandry Windisany Thoomaszen
Keyword(s):  
Qualitative Research ◽  
Research Methods ◽  
Growth And Development ◽  
Data Retrieval ◽  
Qualitative Research Methods ◽  
Parental Perception ◽  
The Third ◽  
Self Interest ◽  
Participation Rights ◽  
The Right

ABSTRACT Parental perception will affect the fulfillment of children’s participation rights. Fullfilment of children’s participation rights will be fulfilled optimally if parents pay anttention to opinions while providing opportunities for children to make and make decisions about the child’s goals and self-interest. The subjects studied consisted of 5 subjects consisting of father and mother who had children aged 9- 12 years. This study uses qualitative research methods, with data retrieval tools in teh form of interviews, observation and documentation. From the research found data were the subjects do not fulfill the right of participation of children up to the maximum ladder where children’s participation rights range from the first ladder to the third ladder. The first ladder to the third ladder is actually a non- participating ladder. This means that children is manipulated, dominated by parents, there is direct communation and the severity of the parent. The children felt disappointed, sad, and angry with the parents but they still tried to hear and obey the parent’s decision. Children from third and fourth subjects experienced excessive fear to speak to their parent (father). Suggestions for parents to be more caring and fulfill the rights of children’s participation so as not to affect the growth and development of children. Keywords: participation rights, children, parents

MASJID BESAR RAJA HAJI ABDUL GHANI PULAU BURU KEPULAUAN RIAU

2018 ◽  
Vol 3 (2) ◽  
Author(s):  
Nurman Kholis
Keyword(s):  
Qualitative Research ◽  
Research Methods ◽  
19Th Century ◽  
Qualitative Research Methods ◽  
District Level ◽  
History Of ◽  
Chinese Buddhists ◽  
The Right ◽  
The 19Th Century ◽  
Level Government

Abstract. Many Muslims in the Riau Islands do not know the history of the development of Islamic theory from the center of power to spread to various corners. This is as the existence of the Great Mosque of Raja Haji Abdul Ghani (MBRHAG) on Buru Island, Karimun. Thus, to uncover the existence of this mosque, qualitative research methods are used so that history, architecture, and socio-religious functions can be known. Based on the results of the study it was concluded that the establishment of MBRHAG was initiated by Raja Haji Abdul Ghani. He was the first Amir (sub-district level government) of the kingdom of Riau-Lingga on Buru Island, in the 19th century. The architecture is a Chinese. Therefore, on the right side of this mosque is around 200 m, there is also the Sam Po Teng Temple and the Tri Dharma Dewa Bumi. Thus, the close location of the mosque with Chinese and Confucian worship houses's shows a harmonious relationship between Malay Muslims and Chinese Buddhists. In fact, in the continuation of this relationship there was information that a Chinese Buddhist had joined a Muslim friend to fast for half a month of Ramadan.Keywords: Mosque, Malay Muslims, Chinese Buddhists/Confucians, Harmonious RelationsAbstrak. Umat Islam di Kepulauan Riau banyak yang tidak mengenal sejarah perkembangan ajaran Islam dari pusat kekuasaan hingga tersebar ke berbagai pelosok. Hal ini sebagaimana keberadaan Masjid Besar Raja Haji Abdul Ghani (MBRHAG) di Pulau Buru, Karimun. Dengan demikian, untuk mengungkapkan keberadaan masjid ini digunakan metode penelitian kualitatif  agar dapat diketahui sejarah, arsitektur, dan fungsi sosial keagamaannya.  Berdasarkan hasil penelitian diperoleh kesimpulan bahwa pendirian MBRHAG diprakarsai oleh Raja Haji Abdul Ghani. Ia adalah Amir (pemerintah setingkat kecamatan) pertama kerajaan Riau-Lingga di Pulau Buru, pada abad ke-19. Adapun arsitekturnya adalah seorang Tionghoa. Karena itu, di sebelah kanan masjid ini sekitar 200 m juga terdapat Kelenteng Sam Po Teng dan cetya Tri Dharma Dewa Bumi. Dengan demikian, dekatnya lokasi masjid dengan rumah ibadah umat Tionghoa dan Khonghucu ini menunjukkan hubungan yang harmonis antara muslim Melayu dengan Budhis Tionghoa. Bahkan, dalam kelangsungan hubungan ini terdapat informasi seorang Buddhis Tionghoa pernah ikut temannya yang beragama muslim untuk berpuasa selama setengah bulan Ramadhan.Kata Kunci: Masjid, Muslim Melayu, Buddhis/Khonghucu Tionghoa, Hubungan Harmonis

SELF ASSESSMENT TO KNOW UNDERSTANDING MATHEMATIC CONCEPT

2018 ◽  
Vol 3 (1) ◽  
pp. 14-21
Author(s):  
Deni Iriyadi
Keyword(s):  
Qualitative Study ◽  
Qualitative Analysis ◽  
Resolution Limit ◽  
Self Assessment ◽  
Limit Concept ◽  
Research Instrument ◽  
Definition Of ◽  
The Right

This research is a qualitative study aimed to determine the students' understanding of the concept of matter limit. The subjects were students of class XI IPA 1 SMA Negeri 1 Watampone. The concept includes the definition of the limit. Data obtained using a research instrument in the form of self-assessment and then proceed with the interview subjects were selected based on the results of self-assessment has been done before. Analysis using qualitative analysis of students' understanding of the concept of the limit concept. The results of this study indicate that students' understanding of concepts some of which are not / do not understand especially regarding definitions limit. In addition students are also wrong about the resolution limit. Students who understand the concept of limit dinyakatakan them restate concepts, including examples and classify the sample to non-completion of function and limit the right results.

The Case for Muslim Constitutional Interpretive Activity

1990 ◽  
Vol 7 (1) ◽  
pp. 69-75
Author(s):  
Kathleen Moore
Keyword(s):  
African American ◽  
Substantial Contribution ◽  
Constitutional Rights ◽  
Religious Groups ◽  
Racial Hatred ◽  
Special Diet ◽  
Court Record ◽  
Religious Associations ◽  
Islamic Faith ◽  
The Right

Muslim Involvement: The Court Record 1.Prisoners' RightsCan we rely upon the courts to protect Islam and Muslims from discriminatory treatment? Have the courts considered Islam to be a 'religion' worthy of constitutional protection? The issue of First Amendment protection of Muslim beliefs and practices has arisen most often in cases brought by African-American Muslims who are incarcerated. In fact, the area of law to which Muslims have made their most substantial contribution to date is the area of prisoners' rights litigation. African-American Muslim inmates have been responsible for establishing prisoners' constitutional rights to worship. Cases brought by Muslims have established that prisoners have the right to assemble for religious services; to consult a cleric of their faith; to possess religious publications and to subscribe to religious literature; to wear unobstrusive religious symbols such as medallions; to have prepared a special diet required by their religion; and to correspond with their spiritual leaders. The court record demonstrates that Muslim inmates' religious liberty claims, challenging prison regulations that impinge on the free exercise of the Islamic faith, have been accepted only under certain circumstances. In brief, the responsiveness of the courts to Muslim inmates' claims has turned on a number of factors including: (1) the issue of equality of treatment of all religious groups in prison; (2) the courts' reticence to reverse the decisions of prison officials; (3) the degree to which the inmates' challenges would undermine the fundamental interests of the state (e.g. in prison security and administrative efficiency); and (4) the showing that Islam is parallel in significant ways to the conventional Protestant, Catholic, and Jewish faiths.Constitutional protection of Islamic practices in prison and elsewhere, however, has not been automatic. Many Muslim organizations, the Nation of Islam in particular, have been treated as cults, or suspect and dangerous groups, due in part to the perception that Muslims teach racial hatred, and have not been regarded in the same respect as 'mainline' religious groups. It has been argued before the courts that Muslim doctrine contains political aspirations and economic goals as well as racial prejudice and should be suppressed in the interest of society. The gist of this argument is that certain Muslim groups are primarily political and not religious associations and thus ...

The Dynamic Free Speech Clause

2018 ◽  
Author(s):  
Timothy Zick
Keyword(s):  
Free Speech ◽  
Constitutional Rights ◽  
Relational Dynamics ◽  
Free Exercise ◽  
Second Amendment ◽  
The Press ◽  
The Common ◽  
Rights Discourse ◽  
The Right ◽  
Speech Clause

This book examines the relational dynamics between the U.S. Constitution’s Free Speech Clause and other constitutional rights. The free speech guarantee has intersected with a variety of other constitutional rights. Those intersections have significantly influenced the recognition, scope, and meaning of rights ranging from freedom of the press to the Second Amendment right to bear arms. They have also influenced interpretation of the Free Speech Clause itself. Free speech principles and doctrines have facilitated the recognition and effective exercise of constitutional rights, including equal protection, the right to abortion, and the free exercise of religion. They have also provided mediating principles for constructive debates about constitutional rights. At the same time, in its interactions with other constitutional rights, the Free Speech Clause has also been a complicating force. It has dominated rights discourse and subordinated or supplanted free press, assembly, petition, and free exercise rights. Currently, courts and commentators are fashioning the Second Amendment right to keep and bear arms in the image of the Free Speech Clause. Borrowing the Free Speech Clause for this purpose may turn out to be detrimental for both rights. The book examines the common and distinctive dynamics that have brought free speech and other constitutional rights together. It assesses the products and consequences of these intersections, and draws important lessons from them about constitutional rights and constitutional liberty. Ultimately, the book defends a pluralistic conception of constitutional rights that seeks to leverage the power of the Free Speech Clause but also to tame its propensity to subordinate, supplant, and eclipse other constitutional rights.

From Property Rights to Liberty Rights: We the Corporations, A Review Essay

2021 ◽  
Vol 95 (2) ◽  
pp. 335-340
Author(s):  
Laura Phillips Sawyer
Keyword(s):  
Civil Rights ◽  
Civil Liberties ◽  
Political Process ◽  
Constitutional Rights ◽  
Bill Of Rights ◽  
State Action ◽  
Unequal Treatment ◽  
The People ◽  
The Right ◽  
We The People

A long-standing, and deeply controversial, question in constitutional law is whether or not the Constitution's protections for “persons” and “people” extend to corporations. Law professor Adam Winkler's We the Corporations chronicles the most important legal battles launched by corporations to “win their constitutional rights,” by which he means both civil rights against discriminatory state action and civil liberties enshrined in the Bill of Rights and the Constitution (p. xvii). Today, we think of the former as the right to be free from unequal treatment, often protected by statutory laws, and the latter as liberties that affect the ability to live one's life fully, such as the freedom of religion, speech, or association. The vim in Winkler's argument is that the court blurred this distinction when it applied liberty rights to nonprofit corporations and then, through a series of twentieth-century rulings, corporations were able to advance greater claims to liberty rights. Ultimately, those liberty rights have been employed to strike down significant bipartisan regulations, such as campaign finance laws, which were intended to advance democratic participation in the political process. At its core, this book asks, to what extent do “we the people” rule corporations and to what extent do they rule us?

Neurospect Findings in Patients Exposed to Neurotoxic Chemicals

1994 ◽  
Vol 10 (4-5) ◽  
pp. 561-571
Author(s):  
Gunnar Heuser ◽  
Ismael Mena ◽  
Francisca Alamos
Keyword(s):  
Elderly Patients ◽  
Qualitative Analysis ◽  
Right Hemisphere ◽  
Young Patients ◽  
Chronic Fatigue ◽  
Psychiatric Symptomatology ◽  
Elderly Individuals ◽  
Parietal Lobes ◽  
The Right ◽  
The Brain

Exposures to neurotoxic chemicals such as pesticides, glues, solvents, etc. are known to induce neurologic and psychiatric symptomatology. We report on 41 patients 16 young patients (6 males, 10 females, age 34 8 yrs.) and 25 elderly patients (9 males, 16 females, age 55 7 yrs). Fifteen of them were exposed to pesticides, and 29 to solvents. They were studied with quantitative and qualitative analysis of regional cerebral bood flow (rCBF), performed with 30 mCi of Xe-133 by inhalation, followed by 30 mCi of Tc-HMPAO given intravenously. Imaging was performed with a brain dedicated system, distribution of rCBF was assessed with automatic ROI definition, and HMPAO was normalized to maximal pixel activity in the brain. Results of Xe rCBF are expressed as mean and S.D. in ml/min/100g, and HMPAO as mean and S.D. uptake per ROI, and compared with age-matched controls 10 young and 20 elderly individuals. Neurotoxics HMPAO Uptake Young Elderly R. Orbital frontal R. Dorsal frontal .70 .66 p < 0.05 R. Temporal .64 p < 0.001 R. Parietal .66 .66 We conclude that patients exposed to chemicals present with diminished CBF, worse in the right hemisphere, with random presentation of areas of hypoperfusion, more prevalent in the dorsal frontal and parietal lobes. These findings are significantly different from observations in patients with chronic fatigue and depression, suggesting primary cortical effect, possibly due to a vasculitis process.

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