scholarly journals MAKING THE CONTENTS OF LETTERS IN THE NOTARIS IN ISLAM'S LEGAL PERSPECTIVE

2017 ◽  
Vol 4 (2) ◽  
pp. 234
Author(s):  
Tubus Tubus
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
Secondary Data ◽  
Point Of View ◽  
Primary Data ◽  
Legal Perspective ◽  
The Future ◽  
The Will ◽  
The Ideal ◽  
The Way

This paper aims to examine the making of the contents of wills examined from the point of view of Islamic law, in practice the reality in the lives of many people who have not heed the word basmallah as an incantation in the contents of the will for the followers of Islam. In this study using sociological juridical method, where the primary data obtained directly from field research, while secondary data obtained from the literature. The results obtained that the way of making the contents of the will and the absence of public legal awareness is optimal for the making of the contents of wills in accordance with Islamic law. And there are still weaknesses in the Making and Implementation of the contents of the current will, when the testament is oral, namely: The absence of the sacred intention or the noble intention of the collector must not necessarily occur; unsecured rights of the recipient, in the event of any problems of the future heirs of the pewasiat; there is a difficulty of proof in the absence of witnesses, when the will is brought before the Court. Law renewal in the making of the contents of the will in the presence of a notary in the perspective of Islamic law are: the reconstruction of its value, the Ideal Formation of the Will, the testament is done in writing witnessed by two witnesses and before the Notary. Ideal Construction Format of Testament Creation. The testament is written in the presence of two witnesses or in the form of a Deed or a Notary Deed. At the head of the will or the Deed or Notarial deed is included a sentence “Basmallah”.

scholarly journals PENERAPAN QANUN ACEH DI KOTA SUBULUSSALAM: Kajian Atas Qanun No. 12, 13 Dan 14 Tahun 2003

2019 ◽  
Author(s):  
Ali Geno Berutu
Keyword(s):  
Local Government ◽  
Islamic Law ◽  
Central Government ◽  
Field Research ◽  
Secondary Data ◽  
Research Field ◽  
Primary Data ◽  
Legislative Process ◽  
Islamic State ◽  
Political Consolidation

his Research proves that the implementation of Aceh Qanun No. 12, 13 and 14 Year 2003 on Khama r, M a i s i r , and Khalwat in Subulussalam is not completely worked well, because in addition to legal issues qanuns, most have efforts political consolidation of the central government and local government. This thesis supports and strengthens the conclusion Michail Buehrel in this article entitled “The Rise of Sharia by Laws in Indonesia District an Indication For Changing Patterns of Power Accumulation and Political Corruption ” (2008) who found the formulization of Islamic Law in the region is political consolidation instrument for exploring the local government, especially financially in building. Buehler did not even find a conservative movement in the imposition of Islamic Law in the area. This research also support M.B Hooker’s opinion in his work entitled Indonesian Syariah : Defining a National School of Islamic Law, (2008)which states that in legislative process of Islamic law in aceh. There are many obstacles and barriers , because the Sharia Law to be applied must necessarily correspond with the system national law, while the central government to add more breadth of autonomy for Aceh in the part of Islamic Law to legislate in the part of law qanuns jina>na>t . This thesis does not agree with the conclusion of Harold Crouch in his work The Recent Resurgence of Political Islam in Indonesia, “ Islam In Southeast Asi a: Analysing Recent Development” , ed. Anthony L. Smith, (Singapore: ISEAS, 2002) as saying that the barrage history of failure of Islamic parties in order to implement Islamic Law-making opportunities for the application of Islamic Law in Indonesia did not exist. Crouch’s opinion just say that the application of Islamic Law to be in the sense of establishing an Islamic State. Data obtained from field research (field research) with qualitative methods and approach the socio - legal - historical . The primary data of the document and the results wawancara and field observations. Primary data in the form of documents are: Law No. 44 In 1999, Law No. 18 of 2001, Law No. 11 In 2006, Qanun 5 In 2000, Qanun No. 12, 13, 14, 2003, Qanun 7 In 2013, Qanun 6 In 2014 and Qanun 8 Year 2014. The primary data in the form of interviews and observations sourced from: Office of Islamic Law (DSI), the Wilayatul Hisbah (WH), the Court Syar'iyah (MS), the Police, the Mufti Consultative Assembly (MPU), the Aceh Tradition Council (MAA). Secondary data in the form of: 1) the books on Islamic law, sociology and anthropology of law, the historical development of Islam in Indonesia; 2) journals and other scholarly works that examine the rules of Islamic law, the application of Islamic law, social and Community; 3) as well as other sources such relevant, scientific papers, websites, newspapers, magazines and others

scholarly journals JUAL BELI DALAM PANDANGAN ISLAM

2016 ◽  
Vol 3 (2) ◽  
pp. 239
Author(s):  
Shobirin Shobirin
Keyword(s):  
Islamic Law ◽  
Point Of View ◽  
The Other ◽  
Limit Time ◽  
The Will ◽  
The Way

Selling (business) is the exchange of wealth on the basis of mutual willing and the joint agreement. There are four Perversions, namely; (1) Marriage  (ijab qobul) (2) the prescribed is run (subject)   (3) ma›kud ‹alaih (object) useful objects according to the view of syara› (4) there is a replacement for exchange of goods.  The legality of ijab qobul conditions there are three; (a) Do Not in intersperse with other words between ijab qobul, (b) people - the prescribed is run (seller and buyers ) and (c) do not there separated the meaning the seller and buyers still no interaction about ijab qobul. Conditions of the legality of the seller and buyers there are four; (a) reached puberty understanding.   (b) Moslems, this condition specifically for buyers in certain objects objects (c) no objects or items in chairman voterâ (ma›kud alaih) and (d) not wasted (waste), the will of their own and there is no compulsion of the other party. Conditions of the legality of goods sold voterâ there are six; (a) must be holy (b) cannot be not to associate with something (c) cannot be in the limit time (d) its own, (e) can be known (seen), (f) can be known to the quality and the weight. various kinds of selling (business) in Islam, seen from the point of view of the two glass eyes of Islamic law there are two valid and cancel and from the eye of goods there are three (1) selling goods that appear, (2) selling mentioned the pharmacodynamic him in the promise and( 3) selling things that are not there. In Islam in business provide current accounts allow to choose to cancel the marriage of selling (business) called khiar, there are <br />three, namely; (1) khiar, assembly (2) khiar conditions (3) khiar disgrace. The wisdom of selling in Islam; (a) that selling (business) in Islam can be valuable social or helped against each other, will grow berbagain reward, (b) business in Islam is one of the ways to maintain cleanliness and halalnya items eaten for himself and his family, (c) business in Islam is the way to combat laziness, unemployment and extortion to others.

scholarly journals PRAKTIK PERCERAIAN ADAT LOMBOK DI MASA PANDEMI COVID-19 DITINJAU DARI SOSIOLOGI HUKUM

2021 ◽  
Vol 21 (01) ◽  
pp. 151-164
Author(s):  
Rahmatun Ulfa
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Field Research ◽  
Secondary Data ◽  
Legal Culture ◽  
Qualitative Approach ◽  
Primary Data ◽  
Government Officials ◽  
Administrative Services ◽  
Legal Structure

This study aims to examine the reality of the practice of customary divorce in Tawun hamlet, Lombok. As well as explaining the forms of customary divorce of the Tawun Hamlet community, in terms of sociological law. This research is a type of field research using a qualitative approach. Primary data and secondary data were collected by means of observation, direct interviews and documentation. To study further, the author uses the theory of the legal system from three elements, namely legal substance, legal structure, and legal culture. The results showed that the occurrence of customary divorce in Tawun Hamlet is a common thing and is not legally disputed by the court. Government officials from elements of village heads, hamlet heads and marriage registrar officers who contribute to customary divorce who participate in administering administrative services, clearly contradict the laws and regulations regarding marriage itself. In addition, people's understanding of divorce continues to be dominated by classical Islamic law and is textual, patriarchal, making the position of women not seen as important because divorce is understood only as a male right.

Tinjauan Hukum Islam Terhadap Penerapan Hukum Waris Adat Di Desa Margajaya Kecamatan Lemahsugih Kabupaten Majalengka

2020 ◽  
Vol 11 (1) ◽  
pp. 13-32
Author(s):  
Devi Nurmilasari ◽  
Yoyo Hambali
Keyword(s):  
Quantitative Research ◽  
Islamic Law ◽  
Field Research ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Rights ◽  
Adopted Children ◽  
Research Activity ◽  
Inheritance Law ◽  
Inheritance System

The application of inheritance law in the indigenous people of Margajaya, Lemahsugih Subdistrict,Majalengka Regency, which basically still adheres to the customs and traditions that they follow fromtheir ancestors. The inheritance system used in Margajaya customary inheritance uses the Parentalsystem, in which the father and mother are equally strong, in terms of distribution and application ofinheritance to the Margajaya customarycommunity. This type of research is Field Research, and themethod uses the Mix Methods method. Namely a research method by combining qualitative researchmethods with quantitative research in a research activity, so that more comprehensive, valid, reliableand objective data will be obtained. The data used in this study are primary data obtained frominterviews and documentation while secondary data is obtained from Liberal Research. The samplestaken in this study were the followers of Packu, Akur and Segendong Sepikul, while for the populationthey were more inclined towards the customary tradition, namely Akur. In data collection techniques,researchers used interview data, observation and documentation. And for the Data Analysis Techniquein its stages, observation, editing, classification, re-verification, analysis and drawing conclusions.The results of the study found that indigenous wans in Margajaya village are using parental customarylaw which is only focused on children and adopted children. The share of the heir’s parents only as agift for his parents, is not included in the wansan. The distribution of the wansan property was oftenpostponed by reason of using the children until they got married. The factor behind the occurrenceof this interview is the lack of knowledge of Islamic legal rights. The implementation of the law thatoccurs in Margajaya village, when viewed from Islamic law, is basically not in accordance withIslamic law. Things like this are considered normal and common in Margajaya society because it is atradition from generation to generation and their ancestors. The custom that is used by the communityin the distribution of inheritance cannot be used as a legal benchmark because it is against Nash, eventhough the purpose of an inheritance is carried out in accordance with Maqasıd Al Syan ah, namelyjustice, it is still not acceptable to Islam

scholarly journals Perlindungan Hukum Hak Cipta Atas Karya Motif Batik Galuh Di Kabupaten Gianyar

2021 ◽  
Vol 2 (2) ◽  
pp. 320-327
Author(s):  
AA Mas Pradnyandari Mantara ◽  
I Nyoman Putu Budiartha ◽  
Desak Gde Dwi Arini
Keyword(s):  
Dispute Settlement ◽  
Legal Protection ◽  
Field Research ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Research ◽  
Registration Process ◽  
The Future ◽  
Civil Dispute

Legal protection for intellectual works is not only shown to works whose copyright has been registered, but also to those whose copyrights have not been or are not registered at all. The purpose of this study is to determine the legal protection of Galuh batik motifs in Gianyar Regency according to Law Number 28 of 2014 concerning copyright and to find out the copyright registration for Galuh batik business in Gianyar Regency. The author uses the type of empirical legal research, namely research by means of interviews which primary data are known as field research. The data needed in this study are primary and secondary data. Based on the results of the study, it can be concluded that the legal protection of Galuh batik motifs in Gianyar Regency based on Law Number 28 of 2014 concerning copyright, namely Galuh Batik has not received optimal legal protection. If in the future there is a dispute, then the Batik Galuh Party can take it with a Civil Dispute settlement. The registration process for Batik Galuh copyright still uses a manual system and the process is completed in less than 3 weeks to 1 month.

scholarly journals PERSEPSI PELAKU EKONOMI KULINER TENTANG SURAT REKOMENDASI MAJELIS ULAMA INDONESIA (MUI) SUMATERA BARAT PERIHAL PENGGUNAAN NAMA USAHA KULINER

2021 ◽  
Vol 2 (2) ◽  
pp. 95
Author(s):  
Yogi Harian Nanda ◽  
Elsy Renie
Keyword(s):  
Qualitative Methods ◽  
Islamic Law ◽  
Field Research ◽  
Secondary Data ◽  
Primary Data ◽  
The West ◽  
West Sumatra ◽  
Statutory Regulation ◽  
Letters Of Recommendation

This study examines the perception of culinary economists on letters of recommendation from the Indonesian Ulema Council (MUI) West Sumatra regarding the prohibition of culinary names that are not in accordance with Islamic law. The type of research used is field research, with exploratory qualitative methods. Sources of data in this study consisted of primary data and secondary data. The findings from this study are that the majority of producers and consumers of culinary businesses do not agree with the recommendation letter from the Indonesian Ulema Council (MUI) West Sumatra regarding the use of culinary business names and do not even care about the letter, because they consider the recommendation letter from the Indonesian Ulema Council (MUI) at the West Sumatra level. This is not a type of statutory regulation that has binding law.

PENERAPAN AKAD WADIAH PADA LAYANAN PRODUK TABUNGAN BANK SYARIAH MANDIRI CABANG MAROS

2021 ◽  
Vol 3 (1) ◽  
pp. 53
Author(s):  
Muh. Yusuf ◽  
Hamzah Hasan
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Direct Data

AbstrakPokok masalah dalam penelitian ini mengkaji tentang tinjauan hukum islam terhadap penerapan akad wadiah pada produk tabungan Bank Syariah Mandiri ( Bank Syariah Mandiri Cabang Maros ), Penulis mengambil jenis penelitian adalah penelitian lapangan (field research) menggunakan metode kualitatif dengan  Pendekatan Empiris sejauh mana implementasi hukum yang di jalankan dengan sumber data diperoleh dari data primer yaitu data langsung dari para pihak dalam Bank Syariah Mandiri Cabang Maros sedangkan data sekunder diambil berupa arsip, jurnal, buku dan referensi lainnya yang berkaitan dengan penelitian, Pada Bank Syariah Mandiri cabang Maros dalam penerapan akadwadiah pada produk tabungan sudah sesuai dengan Fatwa DSN MUI 2/DSN-MUI/IV/2000 tentang tabungan. Akad wadiah yang diterapkan Bank Syariah Mandiri cabang Maros mengunakan akad wadiah yad dhamanah di mana pihak nasabah dan pihak bank berakad ketika nasabah menggunakan wadiah yad dhamanah maka uang yang ditititpkan akan di kelola pihak Bank Syariah Mandiri Cabang Maros dengan perjanjian nasabah akan diberikan berupa pemberian insentif (bonus) yang tidak diperjanjikan di awal akad yang hanya diketahui oleh pihak bank serta diberikan pelayanan terbaik kepada nasabah.Kata Kunci: Akad Wadiah, Bank Syariah Mandiri, Produk Tabungan. AbstractThe main problem in this study examines the review of Islamic law on the application of wadiah contracts on savings products at Bank Syariah Mandiri (Bank Syariah Mandiri Maros Branch). run with data sources obtained from primary data, namely direct data from parties in Bank Syariah Mandiri Maros Branch while secondary data is taken in the form of archives, journals, books and other references related to research, at Bank Syariah Mandiri Maros branch in the application of akadwadiah on products savings are in accordance with the Fatwa of DSN MUI 2/DSN-MUI/IV/2000 concerning savings. The wadiah contract implemented by Bank Syariah Mandiri Maros branch uses a wadiah yad dhamanah contract where the customer and the bank make an agreement when the customer uses the wadiah yad dhamanah, the money deposited will be managed by the Bank Syariah Mandiri Maros Branch with the customer agreement being given in the form of incentives (benefit) which was not agreed at the beginning of the contract which is only known by the bank and provided the best service to the customer.Keywords: Decision, Marrige Ratification, The Cild Marrige.

scholarly journals PERLINDUNGAN KONSUMEN TERHADAP PRODUK KOSMETIK IMPOR YANG TIDAK TERDAFTAR DI BBPOM DENPASAR

2017 ◽  
Vol 6 (1) ◽  
pp. 13
Author(s):  
Ni Putu Januaryanti Pande
Keyword(s):  
Consumer Protection ◽  
Field Research ◽  
Secondary Data ◽  
Qualitative Approach ◽  
Primary Data ◽  
Cosmetic Products ◽  
The Law ◽  
The Right ◽  
The Way

Article 4 letter C the Laws no 8 of 1999 about Consumer Protection states that consumers have the right of correct, clear and truthful information about the condition and the guarantee of goods and/or services. Without distribution license from BPPOM meaning there is no guarantee that thise cosmetics are safe to use . The decision of the head of the BPOM of Republic of Indonesia no HK.00.05.4.1745 about cosmetics, also regulate the distribution of imported cosmetics that are not registered to be against the regulation of Article 2 letter c and Article 10 (1). But the facts in the field the implementation of the regulations of registering the imported cosmetic products are still met to n ot be according to the regulation of the laws. The primary data of this research is obtained through field research in the way of interviewing some informants and respondents. The secondary data in this research is obtained through the literature of the primary, secondary and thirdly legal materials,  according to the problems that will be discussed.  The data that has been collected whether from field's research or literature that has been treated with qualitative approach. From the research above, can be taken the conclusion that the implementation of the protection of the law to the consumers that suffer the loss from imported cosmetics that has not been registered is not implemented effectively. Other factors that influence the implementation of labelling Indonesian language on the packaging of the product is from the consumer's and the producer's awareness and also the obstacle of the related goverment's performance. Pasal 4 huruf c Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen menyatakan bahwa konsumen berhak atas informasi yang benar, jelas dan jujur mengenai kondisi dan jaminan barang dan/atau jasa. Tanpa ada izin edar dari BBPOM maka tidak ada jaminan bahwa kosmetik tersebut aman untuk digunakan. Keputusan Kepala BPOM Republik Indonesia nomor HK.00.05.4.1745 tentang kosmetik, juga mengatur  peredaran kosmetik impor yang tidak terdaftar melanggar ketentuan Pasal 2 huruf c dan Pasal 10 ayat (1). Namun faktanya di lapangan penerapan ketentuan pendaftaran produk kosmetik impor masih banyak dijumpai tidak mematuhi aturan perundang-undangan yang berlaku. Jenis penelitian yang digunakan dalam penelitian ini yakni penelitian hukum empiris yang mengkaji kesenjangan antara ketentuan peraturan pendaftaran kosmetik impor di BBPOM dengan pelaksanaannya di lapangan. Data primer dalam penelitian ini diperoleh melalui penelitian lapangan yaitu dengan cara melakukan wawancara langsung ke beberapa informan dan responden yang terkait. Data sekunder dalam penelitian ini diperoleh melalui penelitian kepustakaan terhadap bahan hukum primer, sekunder, dan tertier sesuai permasalahan yang akan dibahas. Data yang telah dikumpulkan baik dari penelitian lapangan maupun kepustakaan di olah dengan pendekatan  kualitatif. Dari hasil penelitian tersebut diatas, dapat diperoleh kesimpulan bahwa implementasi perlindungan hukum terhadap konsumen yang menderita kerugian akibat kosmetik impor yang tidak terdaftar belum efektif diterapkan. Faktor-faktor yang mempengaruhi implementasi pencantuman label berbahasa Indonesia pada kemasan produk kosmetik impor adalah  dari kesadaran konsumen, produsen dan adanya hambatan kinerja pemerintah terkait.

scholarly journals PENERAPAN QANUN ACEH DI KOTA SUBULUSSALAM: Kajian Atas Qanun No. 12, 13 Dan 14 Tahun 2003

2019 ◽  
Author(s):  
Ali Geno Berutu
Keyword(s):  
Local Government ◽  
Islamic Law ◽  
Central Government ◽  
Field Research ◽  
Secondary Data ◽  
Research Field ◽  
Primary Data ◽  
Legislative Process ◽  
Islamic State ◽  
Political Consolidation

This Research proves that the implementation of Aceh Qanun No. 12, 13 and 14 Year 2003 on Khama r, M a i s i r , and Khalwat in Subulussalam is not completely worked well, because in addition to legal issues qanuns, most have efforts political consolidation of the central government and local government. This thesis supports and strengthens the conclusion Michail Buehrel in this article entitled “The Rise of Sharia by Laws in Indonesia District an Indication For Changing Patterns of Power Accumulation and Political Corruption ” (2008) who found the formulization of Islamic Law in the region is political consolidation instrument for exploring the local government, especially financially in building. Buehler did not even find a conservative movement in the imposition of Islamic Law in the area. This research also support M.B Hooker’s opinion in his work entitled Indonesian Syariah : Defining a National School of Islamic Law, (2008) which states that in legislative process of Islamic law in aceh. There are many obstacles and barriers , because the Sharia Law to be applied must necessarily correspond with the system national law, while the central government to add more breadth of autonomy for Aceh in the part of Islamic Law to legislate in the part of law qanuns jina&gt;na&gt;t . This thesis does not agree with the conclusion of Harold Crouch in his work The Recent Resurgence of Political Islam in Indonesia, “ Islam In Southeast Asi a: Analysing Recent Development” , ed. Anthony L. Smith, (Singapore: ISEAS, 2002) as saying that the barrage history of failure of Islamic parties in order to implement Islamic Law-making opportunities for the application of Islamic Law in Indonesia did not exist. Crouch’s opinion just say that the application of Islamic Law to be in the sense of establishing an Islamic State. Data obtained from field research (field research) with qualitative methods and approach the socio - legal - historical . The primary data of the document and the results wawancara and field observations. Primary data in the form of documents are: Law No. 44 In 1999, Law No. 18 of 2001, Law No. 11 In 2006, Qanun 5 In 2000, Qanun No. 12, 13, 14, 2003, Qanun 7 In 2013, Qanun 6 In 2014 and Qanun 8 Year 2014. The primary data in the form of interviews and observations sourced from: Office of Islamic Law (DSI), the Wilayatul Hisbah (WH), the Court Syar'iyah (MS), the Police, the Mufti Consultative Assembly (MPU), the Aceh Tradition Council (MAA). Secondary data in the form of: 1) the books on Islamic law, sociology and anthropology of law, the historical development of Islam in Indonesia; 2) journals and other scholarly works that examine the rules of Islamic law, the application of Islamic law, social and Community; 3) as well as other sources such relevant, scientific papers, websites, newspapers, magazines and others.

scholarly journals The Factors that Influence the Causes of the Revocation of Parental Authority on Children are Reviewed by Marriage Law Number 1 of 1974 (case study of Verdict No. 78 / Pdt.G / 2017 / PA.PP)

2019 ◽  
Vol 6 (10) ◽  
pp. 149
Author(s):  
Rahimah Yasir ◽  
Busyra Azheri ◽  
Neneng Oktarina
Keyword(s):  
Research Result ◽  
Field Research ◽  
Secondary Data ◽  
Primary Data ◽  
Growing Up ◽  
Library Research ◽  
Research Interview ◽  
The Will ◽  
Descriptive Method

A child is a really special gift for parents from God, Allah SWT. Parents have an absolute right to educate, to nurture, to take care, and to fulfill child’s need until the child grows to become an adult. Before growing up, the child is under his parent power. However, sometimes  power of parents is revoked by religious court because of negligence of parents in caring the child. It is stated in Article 49 of Act Number 1 Year 1974  that power of mother or father or both of them could be revoked in certain time based on the will of other people or child’s relatives or child’s sibling or authorized officials by referring to court decision. The power is revoked because parents are negligence in fulfilling their responsibility or they do the bad things. Although the power is revoked, the parents still have responsibility to give financial support to the child. Based on the explanation above, problems to be discussed in this thesis are factors which cause the revocation of parent power on children reviewed from Act Number 1 Year 1974 (a case study of Verdict No. 78/Pdt.G/2017/PA.PP), and law consideration of panel of judges in giving judgement about revoking parent power on  a child (a case study of Verdict No. 78/Pdt.G/2017/PA.PP).Method of approach in this research is empirical, which means that secondary data was investigated first before primary data in the field was researched. Specification in this research is descriptive. Method of data collection  are field research (interview) and library research. Result of the research shows that among factors which influence the cause of revoking parent power are: it occurs on children under 18 years and they are not married yet, parents are prosecuted because of their negligence in fulfilling their responsibility and doing really bad thing, and prosecutor meets criteria to be a guardian based on applicable provision. Judge consideration in giving judgement is that parents has broken the elements of marriage which is stated in Article 47 and Article 49, Act Number 1 Year 1974.

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