PRACTICE OF ANIMALS TRADING IN ISLAMIC LAW & POSITIVE LAW OF BIOLOGICAL RESOURCES & ITS ECOSYSTEMS

Indonesia is a country that is very rich in the diversity of its natural resources. Both in terms of flora and fauna. However, Indonesia is an emerging country for the circulation of endangered animals that have been protected by law. The Animal Market is one of the places where several protected animals are circulated. In this study, the authors found a unique incident in the practice of buying and selling endangered animals that have been protected by this law, where the practice of buying and selling rare animals is carried out in markets managed by the government, namely under the auspices of the Department of Agriculture, Fisheries and Food. The focus of this research is to find out how the practice of buying and selling endangered animals in the Animal Market and how the review of Islamic law and Act No. 5 of 1990 concerning the Conservation of Biological Natural Resources and Their Ecosystems. Through qualitative research methods and through a juridical normative approach, the researcher tries to uncover the focus of the problem above by going directly to the field to find facts which then leads to an analysis of Islamic law and Act No. 5 of 1990 concerning Conservation of Biological Natural Resources and Their Ecosystems. Data were taken through documentation, observation, and interviews. The data that has been obtained is presented in the form of a description in order to obtain conclusions. The results of the study explain that the sale and purchase of endangered animals protected under Islamic law is a sale that does not bring benefits, contains najis, does not belong to the seller wholly, causes damage to nature, and contains fraud. Meanwhile, when viewed from Act No. 5 of 1990 concerning the Conservation of Natural Resources and Their Ecosystems, the practice of buying and selling endangered animals that are protected illegally is a criminal act of wildlife crime in which the legal consequences of this crime are a maximum criminal sanction of ten years in prison and a fine of between 100 million and IDR 200 million rupiahs.

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Comparison of Positive Law and Islamic Law In Recognition Outside Marriage Children's Legal Status

Musamus Law Review ◽

10.35724/mularev.v2i2.3029 ◽

2020 ◽

Vol 2 (2) ◽

pp. 106-117

Author(s):

Siti Rabiah Rumadaul

Keyword(s):

Civil Rights ◽

Legal Status ◽

Islamic Law ◽

Biological Father ◽

Positive Law ◽

The Future ◽

The Status ◽

The Difference ◽

The Government ◽

Legal Consequences

Recognition of the legal status of children outside of marriage is regulated in Article 280 of the Civil Code and Islamic Law does not recognize the recognition of children outside of marriage which is regulated in Article 100 of the Compilation of Islamic Law, so that the legal consequences that arise later are different. A child outside of marriage is a child born to his parents without a legal marriage between the father and mother. Therefore, the child does not have the status or position in law as a legitimate child. This type of research conducted by the author is Empirical Juridical Research, namely research by studying, investigating and studying according to what has been determined by the applicable regulations and real facts that occur in the community with the aim to learn and find data and real events that actually happened, with use the legal approach and case approach. In the results of this research and discussion it is explained that in Positive Law a child outside of marriage can be ratified by a confession, whereas in Islamic Law there is no recognition. Recognition of children outside of marriage in Positive Law raises the result of the endorsement and the resulting relationship with the legal consequences. Whereas in Islamic Law the law of an out-of-wedlock child is not entitled to obtain lineage relationship, livelihood, inheritance rights and others from his biological father because it only has a lineage relationship with his mother and his mother's family, but if the biological father wants to give part of his property, this can be done through a will. Related to the difference between the recognition of Positive Law and Islamic Law, it is considered necessary to pay attention, because of the importance of recognition of children outside of marriage, which results in civil rights in the future. Then later the child outside of marriage also gets the distribution of inheritance (inheritance), guardianship rights and other rights. The government through legislation also needs to pay attention to the management of the inheritance (inheritance) of children outside of marriage so that it becomes an absolute right for children outside of marriage in the future.

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Legal Standing of Coastal Reclamation: Islamic and Positive Law Perspectives

Hasanuddin Law Review ◽

10.20956/halrev.v1i2.312 ◽

2016 ◽

Vol 1 (2) ◽

pp. 258

Author(s):

Supriadi Supriadi

Keyword(s):

Natural Resources ◽

Local Governments ◽

Islamic Law ◽

Local Authorities ◽

Local Revenue ◽

Positive Law ◽

Legal Standing ◽

Coastal Reclamation ◽

The Government ◽

The Universe

In several regions, the implementation of reclamation in Indonesia caused much conflict. At least, it caused by three interests; the interest of the government, employers, and society (fishermen). The interests of the Government and local authorities to give permission to reclaiming for the pursuit of local revenue, the interests of employers to reclaiming the coastal, because they wanted to add company’s revenues, while the interests of society (fishermen) to defend coastal areas so it not diminish their livelihood. Reclamation in Indonesia has been governed by legislation, but it has not been able to resolve the coastal reclamation. This is due to the legislation governing coastal reclamation, and local governments are ignorant of the rules concerned. In addition, the central and local governments are often tends to interest of employers rather than the fishing communities, so it triggering conflict in reclamation. Positive law as a law made by the government and legislative assembly and the local government with local legislative, a rule that was born as result of an agreement between them, and neglecting the Islamic law that was created by God to organize all the things in this world, including in the management of the universe (coastal). God as the creator of this universe, allowing to manage and utilize natural, if for the benefit of humanity as a whole, and not for those of a human. Therefore, in the implementation of reclamation, the Government and local authorities need to synergize Islamic law into positive law in resolving the problems of social and natural resources.

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Legal Standing of Coastal Reclamation: Islamic and Positive Law Perspectives

Hasanuddin Law Review ◽

10.20956/halrev.v1n2.312 ◽

2016 ◽

Vol 1 (2) ◽

pp. 258

Author(s):

Supriadi Supriadi

Keyword(s):

Natural Resources ◽

Local Governments ◽

Islamic Law ◽

Local Authorities ◽

Local Revenue ◽

Positive Law ◽

Legal Standing ◽

Coastal Reclamation ◽

The Government ◽

The Universe

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IMPLEMENTASI HUKUM TERHADAP “PERKAWINAN BEBALU” MENURUT HUKUM ISLAM DAN HUKUM INDONESIA

Ulumuddin ◽

10.22219/ulum.v11i1.10408 ◽

2019 ◽

Vol 11 (1) ◽

pp. 73

Author(s):

Faozan Sembahulun

Keyword(s):

Islamic Law ◽

Sociology Of Law ◽

Traditional Society ◽

The Past ◽

Positive Law ◽

The People ◽

Religious Law ◽

The Government ◽

Islamic Marriage ◽

Legal Consequences

The Bebalu marriage in Sembalun society is a part of tradition has happened from the past and developed to the current. Bebalu is a term for people who do divorce outside the court (non-litigation). The Bebalu closely relates to the religious law, although without leaving the roles of positive law in Indonesia. It happens due to religion dominantly believed by the people in region is Islam and it aims to respect the sacredness of the tradition. This article attempts to examine how the implementation and the legal consequences of the Bebalu. Using approach of sociology of law, this article argues that from the perspective of Islamic law the Bebalu is permissible and even legitimate. The reason is that the Bebalu fulfils the primary requirements of Islamic marriage. However, legally it cannot be accepted due to the marriage is not registered to the state. Accordingly, the divorce process of the Bebalu seems to contradict the law. The main problem of the traditional society in Sembalun as well as its marriage of Bebalu is the lack of communication about law that should be delivered by the government. It happens due to the difficult access to the region.

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Políticas Públicas: ecoturismo x preservação dos recursos naturais

Revista Brasileira de Ecoturismo (RBEcotur) ◽

10.34024/rbecotur.2015.v8.6473 ◽

2015 ◽

Vol 8 (4) ◽

Author(s):

Luís Carlos Araújo Moraes

Keyword(s):

Natural Resources ◽

Master Plan ◽

The Public ◽

Protect Area ◽

Politica Publica ◽

Tourism Activity ◽

Conservation Of Natural Resources ◽

The Government ◽

Public Politics

As políticas públicas ocupam importante papel no âmbito do planejamento estratégico e da gestão pública nos mais diferenciados setores. Sendo assim, este estudo tem como objetivo analisar a política pública de meio ambiente, tendo como foco principal o Plano Diretor da APA da Serrinha do Alambari, no município de Resende/RJ e sua correlação com a política setorial de turismo inscrita no Plano Diretor Municipal. A pesquisa se caracteriza como exploratória e de abordagem qualitativa, com estudo de caso. O resultado aponta para a falta de sinergia entre as políticas ambiental e a de turismo, comprometendo, pois, não só a atividade turística como a preservação do patrimônio natural. Espera-se que os dados e as informações obtidas norteiem o poder público para que sejam desenvolvidas ações efetivas, através das políticas públicas, para compatibilizar a prática do ecoturismo com a preservação e conservação dos recursos naturais, ambas pautadas na ótica do desenvolvimento sustentável. Public politics: Ecotourism X preservation of natural resources ABSTRACT Public politics have important role in the strategic planning and management of public in more differentiated sectors. Thus, this study aims to analyze the public environmental politic, focusing mainly on the Master Plan of the Serrinha Alambari Protect Area in the municipality of Resende (RJ, Brazil) and its correlation with the sectoral politic entered in the tourism Master Plan. The research is characterized as exploratory and qualitative approach with case study. The result points to the lack of synergy between environmental and tourism politics, compromising therefore not only to tourism activity as the preservation of natural heritage. It is expected that the data and information obtained will guide the government to be developed effective actions, through public politics, in order to reconcile the practice of ecotourism with the preservation and conservation of natural resources, both predicated in optics of sustainable development. KEYWORDS: Planning; Public Politic; Ecotourism; Environment.

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SANKSI HUKUM TERHADAP PELAKU TALAK DI LUAR PENGADILAN AGAMA

Al-'`Adalah : Jurnal Syariah dan Hukum Islam ◽

10.31538/adlh.v3i1.406 ◽

2018 ◽

Vol 3 (1) ◽

pp. 58-88

Author(s):

Muhammad Yalis Shokhib

Keyword(s):

Islamic Law ◽

Field Research ◽

Correct Choice ◽

Deterrent Effect ◽

Trial Court ◽

Positive Law ◽

Legal Sanctions ◽

The Government ◽

Two Sides ◽

Research Type

Divorce out of court Religion is considered reasonable by some circles. But, actually that action is contrary to the Act No. 1 of 1974 article 39 that containing a moral message that divorce only be done in front of the Court of Session. Even in the article there is a clause of divorce mayhappen after the relevant Court attempted to reconcile the two sides. The researchers see the ambiguity based on need a new form of ijtihad gave rise to sanctions for perpetrators of Religious divorce out of court. The researcher using field research type because the research was did in the field. This research is descriptive, and the data sourceobtained from the results of interviews with academics positive law and academics Islamic law in Malang. The focus in this research are includes three ways, that are the position of the sanctions in the matter of divorce out of court Religion according to Islamic law, academics positive law view and Islamic academics law view in Malang, about divorce out of court sanction of religion. In this thesis, the researcher found the results of this research that is the sanctions law against divorce out of court Religion serves as reinforcement of laws and nas} in the Qur'an, it is as a deterrent so that doesn't happen as much divorce politico hated God. The researchers choosethe legal sanction is the correct choice to given to perpetrators of Religious divorce out of court, legal sanctions in the form of a prohibition to perform a new marriage. In addition to fine sanctions that are capable of inflicting deterrent effect to offenders of religious divorce, out of court, so that someone will do a divorce before the trial Court religion, and also obedient to the Administration that have been arrange by the government.

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PERKEMBANGAN PERJANJIAN DALAM PRAKTIK PERDAGANGAN (PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF)

JURISDICTIE ◽

10.18860/j.v7i2.3717 ◽

2017 ◽

Vol 7 (2) ◽

pp. 219

Author(s):

Cindawati Cindawati

Keyword(s):

Islamic Law ◽

Human Life ◽

Contract Law ◽

Civil Code ◽

Public Order ◽

Freedom Of Contract ◽

Positive Law ◽

Legal Consequences

Agreement in human life to protect the rights and obligations are balanced. Differences in Islamic Law Perspective: Halal, agreed, able, without coercion, consent and Qobul. While the perspective of Positive Law: agree, capable, certain things, certain circumstances in accordance with Article 1320 of the Civil Code. The equation embracing principle of freedom of contract (al-Hurriyah) Islamic law is based on freedom of contract and volunteerism of each of the parties to a transaction (Q.S.An-Nisa ', 29). Give freedom to every person doing contract as desired, specify its legal consequences are religious teachings. The development of standard agreements in practice must be based on Sharia Principles provide benefits both parties, within the limits of lawful and unlawful, and the limits of public order and contract law, the provisions of Islamic law which is original. Perspective Positive Law: Principles embraced Open, gives the broadest freedom has entered into agreements contain anything, does not violate public order and morality. Rapid trade development followed the model "Standard Agreement". Business actors prepare raw clauses in the Agreement and can be accepted by the community. Raw agreements as a form of efficiency, the parties benefit and advantage to both parties.

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Hukum Islam dalam Pergumulan Politik Hukum Nasional Era Reformasi

Al-Tahrir Jurnal Pemikiran Islam ◽

10.21154/al-tahrir.v13i2.17 ◽

2013 ◽

Vol 13 (2) ◽

pp. 273

Author(s):

M. Shohibul Itmam

Keyword(s):

Islamic Law ◽

Point Of View ◽

Internal Conflict ◽

Political Struggle ◽

Reform Era ◽

Positive Law ◽

Law And Politics ◽

Library Research ◽

The Government ◽

Parliamentary Support

Abstract: This paper describes the existence of Islamic Law in the plurality of national law amidst the process of the tug of political struggle of national law in reform era. This discussion is focused on the following; first, the struggle of religion, law and politics in Indonesia; second, the development of Indonesian law and politics of law in reform era; third, the opportunities and challenges of Islamic law in the middle of the plurality of national law in reform era. This paper was as a result of library research using legal normative status, historical, and sociological point of view. The result of this study was that the struggle of religion, law and politics in Indonesia was as a process of symbiosis mutualism. Every religion has the same rights in a democratic frame of Pancasila and the 1945 Constitution and the government is as its regulator. The development of law and political law of the reform era indicated that the presence of political sciencetific engineering of Dutch law had resulted in positive law in Indonesia which had not met the legal awareness of the community. In fact, the opportunities and challenges of Islamic law in the middle of the plurality of national law of reform era are formulated in three aspects. Politically, the weak parliamentary support in the National Legislation Program PROLEGNAS) affects the existence of Islamic law. Philosophically, the internal conflict in the understanding of Islamic law sometimes marginalize Islamic law itself. And sociologically, only few values of Islamic law are absorbed in a national scale.

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Legal Development of Coastal Marine Management Based on the Idea of Pancasila

Hasanuddin Law Review ◽

10.20956/halrev.v4i1.1325 ◽

2018 ◽

Vol 4 (1) ◽

pp. 113

Author(s):

Jantje Tjiptabudy

Keyword(s):

Natural Resources ◽

Indigenous Peoples ◽

The State ◽

Customary Law ◽

Marine Management ◽

Positive Law ◽

Coastal Marine ◽

The Republic ◽

The Government ◽

Marine Areas

In relation to the positive law, the management of marine and coastal natural resources, there is also the rule of customary law. Customary law that still lives and develops in indigenous peoples also regulates the management system and utilization of natural resources in coastal and marine areas. Recognition of the rights of indigenous peoples is constitutionally contained in the 1945 Constitution of the State of the Republic of Indonesia where the state recognizes the existence of the Customary Law Community. In Maluku, marine potency management in general is still done traditionally known as marine customary rights that have been going on for generations but not yet fully recognized either by the government or entrepreneurs who are actually important partners in the development process.

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THE SETTLEMENT OF SHARIA ECONOMIC DISPUTES IN INDONESIAN ISLAMIC CLASSIC TRADITIONS AND POSITIVE LAW

Tasharruf: Journal Economics and Business of Islam ◽

10.30984/tjebi.v6i1.1414 ◽

2021 ◽

Vol 6 (1) ◽

pp. 54

Author(s):

Adriandi Kasim

Keyword(s):

Capital Market ◽

Qualitative Method ◽

Islamic Law ◽

Rapid Development ◽

Applicable Law ◽

Business Transactions ◽

Positive Law ◽

Islamic Tradition ◽

The Government ◽

Settlement Of Disputes

Using a qualitative method with a sociological-normative approach, it was found that today's rapid development has caused various kinds of disputes. In this article, the author discusses sharia economic disputes and their resolution in the Islamic tradition and positive law in Indonesia to understand the problems of economic disputes and their resolution so that they can become knowledge and guidelines in conducting business transactions. The results of the discussion that the author obtained, namely sharia economic disputes, are disputes that occur in muammalah activities. This occurs in banking, non-banking, capital market, as well as the economy as a whole due to several factors such as default, tadlis, taghrir, or other things that can harm the rights of others. Settlement of disputes in Islamic law, namely sulh and tahkim. As for the applicable law in Indonesia, namely peace both by litigation and non-litigation, ADR, and arbitration includes BANI, BASYARNAS and other arbitration institutions. In this case, the authors conclude that every community that will conduct business transactions requires the principle of prudence and there have been many legal attempts by the government in resolving these disputes.

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