scholarly journals Komparasi Hukuman Pidana Masyarakat Pinggiran dalam Perspektif Hukum Positif dan Hukum Islam

2019 ◽  
Vol 5 (1) ◽  
pp. 1-27
Author(s):  
Al Juraimy
Keyword(s):  
Islamic Law ◽  
The State ◽  
Point Of View ◽  
Criminal Cases ◽  
The People ◽  
Displaced Children ◽  
The Law

Abstract Islamic law strongly holds the principles of fairness in deciding a case. As the author described above that the person who stole because of compulsion or for fulfilling his life there is no punishment for him. Because the above cases are small cases that befall the people whose notables are not economically capable. Then what should be done to those fringe peoples? In the context of Islam, if they can not meet the daily needs (needs to eat or continue to live) then they will be dependent on the Baitul Maal or other languages that are responsible for themselves by following article 34 UUD 45 is poor and the displaced children are maintained by the state. This article will present a point of view on some criminal cases above from two different laws, namely Islamic law and the law in Indonesia.    

scholarly journals Pemikiran Abdul Qadim Zallum tentang Majelis Umat dan Dewan Perwakilan Rakyat di Indonesia

2015 ◽  
Vol 4 (02) ◽  
pp. 443-466
Author(s):  
M. Syamsul Arifin
Keyword(s):  
Islamic Law ◽  
The State ◽  
The People ◽  
The Law ◽  
The Government ◽  
The Right

Abstract: This article describes the conception of Majelis Umat according to Abdul Qadim Zallum and conception of the DPR under the Constitution of 1945. In Abdul Qadim Zallum’s thought, the conception of Majelis Umat and the DPR basically is a representative of the people in each form of the state, but in conception of Majelis Umat the representativeness of race is limited, such as in the establishment of the law, a people representative of the non-Muslims can’t contribute to the perfection of the law because they are not representative for analizyng Islamic law, so is the Majelis Umat in his opinion (most votes) is not binding for the Caliph, with other words Majelis Umat don’t have any authority in law as having law is God. In the conception of DPR, any issues relating to the welfare of the people being their authority, certainly not without the approval of the President as the leader of the government. So the differences that really stands out is the authority of the Majelis Umat who are severely restricted by the Caliph and shari'ah law itself. While in DPR based on the Constitution of 1945, as long as not contrary to the basis of the country, DPR has the right to request the approval of the President.Keywords: Majelis Umat, the conception, DPR, Abdul Qadim Zallum

scholarly journals POLITIK HUKUM DAN UPAYA POSITIVISASI HUKUM ISLAM DI INDONESIA: STUDI TENTANG KONFLIK HUKUM DALAM UNDANG-UNDANG PERKAWINAN DAN UNDANG-UNDANG PERADILAN AGAMA

2015 ◽  
Vol 16 (1) ◽  
pp. 29-49
Author(s):  
Bani Syarif Maula
Keyword(s):  
Islamic Law ◽  
The State ◽  
The Political ◽  
Marriage Law ◽  
Legal Provisions ◽  
The People ◽  
The Law ◽  
Policy Direction ◽  
Article 50 ◽  
Religious Courts

Abstract: The politics of law that ignore the aspirations of society has led to inconsistency in the application of the law because of the differences between the will of the people with the legislation. This study specifically examines the political law in terms of the application of Islamic law in Indonesia which is envisaged in Law No. 1/1974 on Marmage and the Law 7/1989 on Religious Courts (and its amendment Law No. 3/2006). The political situation that characterizes the formation of the Marriage Law and the Law on Religious Courts clearly show trends and policy direction of the state law. It can be seen from the political aspects of the legal establishment, the political aspects of the content of the law (principles and the rule of law), and political aspects of law enforcement. These three aspects have made Islamic law practiced by the Indonesian Muslim community (the living laws) in conflict with formal legal rules defined by the state. The conclusion from this study is that the legal provisions in the Mariage Law that conflict, namely: Article 2 paragraph (1), Article 7 (1), Article 31 paragraph (3) and Article 34 paragraph (1) and (2), as well as Article 42 and 43 paragraph (1). While the legal provisions in the Law on Religious Courts where a conflict is Article 50 of Law No. 7/1989 and Article 50 paragraph (1) and (2) of Law No. 3/2006 (amendment of the same article of the Law No. 7/1989) Keywords: Politics, Law, Conflict of Laws, Islamic Law, Marriage Law, the Law on Religious Courts

Hukum Denda dalam Keuangan Publik Islam di Indonesia

2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz
Keyword(s):  
Islamic Law ◽  
The State ◽  
Mutual Benefit ◽  
State Budget ◽  
The People ◽  
The Status ◽  
The Government

Fines are sanctions or punishments that are applied in the form of the obligation to pay a sum of money imposed on the denial of a number of agreements previously agreed upon. There is debate over the status of fines in Islamic law. Some argue that fines may not be used, and some argue that they may be used. In the context of fines for delays in payment of taxes, in fiqh law it can be analogous to ta'zir bi al-tamlīk (punishment for ownership). This can be justified if the tax obligations have met the requirements. Whereas according to Islamic teachings, fines can be categorized as acts in order to obey government orders as taught in the hadith, and in order to contribute to the realization of mutual benefit in the life of the state. As for the amount of the fine, the government cannot arbitrarily determine fines that are too large to burden the people. Penalties are applied as a message of reprimand and as a means to cover the lack of the state budget.

scholarly journals Implementasi Hukum Islam terhadap Jual Beli Garam Di Sumenep

2018 ◽  
Vol 2 (1) ◽  
pp. 13-22
Author(s):  
Hali Makki
Keyword(s):  
Islamic Law ◽  
The People ◽  
The Law

Buying and selling is an activity that existed since immemorial time to the human, both Islamic and non-Islamic, buying and selling has a very binding law, and can be used as a foothold against the people who done agreemnet buying and selling. Something that we need to be considered and understand by sellers and buyers is to see the terms and pillar, as for the law that will be used as a reference that includes one aspect of them: Islamic law are a requirement and rukun buying and selling existing in the goods. The practice of buying and selling of salt at Alasmalang Village, Ra'as Sub-District of Sumenep Regency is valid because it is in accordance with the rules of sale and legal of Islam.

Definition and content of the right to freedom of conscience

2021 ◽  
Vol 66 (05) ◽  
pp. 145-148
Author(s):  
Ниджат Рафаэль оглу Джафаров ◽  
Keyword(s):  
Human Rights ◽  
Human Behavior ◽  
The State ◽  
Human Beings ◽  
Freedom Of Conscience ◽  
Key Words Human ◽  
The People ◽  
The Law ◽  
The Right

It can be accepted that the classification of human rights, its division, types, and groups, is of particular importance. The syllogism for human rights can be taken as follows: law belongs to man; human beings are the highest beings on earth like living beings. Therefore, the regulation prevails. The right to freedom is conditional. Man is free. Consequently, human rights are dependent. Morality is the limit of the law. Morality is the limit and content of human actions. Therefore, the law is the limit of human activities. Morality is related to law. Law is the norm of human behavior. Thereby, human behavior and direction are related to morality. The people create the state. The state has the right. Therefore, the right of the state is the right of the people. The state is an institution made up of citizens. Citizens have the privilege. Such blessings as Dignity, honor, conscience, zeal, honor, etc., and values are a part of morality and spiritual life. Morality is united with law. Therefore, moral values are part of the law. Everyone has the right to freedom of thought and conscience. Space is about the law. Therefore, everyone has the right to opinion and conscience. Key words: human rights, freedom of conscience, conceptuality, citizenship

M.A. BAKUNIN ON THE GENESIS AND EVOLUTION OF THE STATE (SOCIAL AND PHILOSOPHICAL ANALYSIS)

2020 ◽  
Vol 10 (6) ◽  
pp. 154-158
Author(s):  
VLADIMIR KSENOFONTOV ◽  
Keyword(s):  
Social Role ◽  
The State ◽  
Point Of View ◽  
Self Organization ◽  
Social Revolution ◽  
Marxist Philosophy ◽  
The People ◽  
The Social ◽  
Essential Components ◽  
Social Wealth

The article reveals the social and philosophical views of M.A. Bakunin on the genesis, essence and evolution of the state. At the same time, attention is focused on his interpretation of state power, which is a lack of justice and freedom for the people. The philosopher, in substantiating his point of view, gives a detailed analysis of the philosophical conceptual provisions on the state. M.A. Bakunin, being an anarcho-revolutionary in his philosophical views, substantiates the limited point of view on the issue of the state and its social role, the positions of the representatives of German social democracy and the views of supporters of Marxist philosophy. The article reveals the socio-philosophical positions of the Russian thinker on the issue of essential components that substantiate the need for the evolution of the state and its departure from the historical arena. At the same time, the main regulations that characterize the prospects for the development of the state and its withering away are revealed. Only a social revolution, according to M.A. Bakunin, can lead to the destruction of the state as an organ of violence, and bring the people freedom, equality and the use of social wealth. Purpose of the research: to reveal the social and philosophical positions of M.A. Bakunin on the genesis of the state, its essence and evolution. Conclusions: The state, according to the views of M.A. Bakunin, is in any form of violence against the people, and therefore it must be destroyed through a social revolution. The future structure of society, as an ideal, should be based on justice and freedom of the people, their self-organization.

Government Supervision In Overcoming Problems Drinking Tuak At The Gunung Meriah Aceh

2021 ◽  
Vol 7 (3) ◽  
pp. 1313
Author(s):  
Khairuddin Khairuddin
Keyword(s):  
Qualitative Research ◽  
Data Collection ◽  
Islamic Law ◽  
Ordinary People ◽  
The People ◽  
Government Supervision ◽  
The Law ◽  
The Government ◽  
Depth Interviews

<div class="translate-tooltip-mtz hidden"><div class="header"><div class="header-controls"><em>The people of Gunung Meriah still find many addictions to drinks that can be intoxicating, such as drinking tuak. Therefore, this study aims to find out how the supervision of the government and the community in minimizing wine drinkers and sellers in Gunung Meriah District and Islamic views on the law of drinking tuak, as well as how to sanction those who drink it. To complete this research, the writer uses qualitative research. The techniques used in data collection are observation and in-depth interviews with informants. The result of the research shows that some of the people of Gunung Meriah like to drink tuak, both from officials and ordinary people. 25% of Mount Meriah people are addicted to this tuak drink, it is drunk on certain occasions such as parties or other days. The government does not pay much attention to the problem of tuak drinks, which can be seen from the lack of cases of drinkers and sellers of wine being appointed and given appropriate punishments, only a few people have reached the stage of punishment. Likewise, the community does not interfere too much in dealing with the problem of tuak drinkers and sellers, even though this problem is very serious. Drinking tuak, in the perspective of Islamic law, is a drink that is prohibited because it is intoxicating.</em></div></div><div class="controls"> </div></div>

Comparing the incomparable and legal discourse

Semiotica ◽  
2016 ◽  
Vol 2016 (209) ◽  
pp. 5-14
Author(s):  
Augusto Ponzio
Keyword(s):  
Human Rights ◽  
Emmanuel Levinas ◽  
Personal Responsibility ◽  
Legal Discourse ◽  
The State ◽  
Point Of View ◽  
The Other ◽  
Absolute Difference ◽  
Human Being ◽  
The Law

AbstractIt is not with the State that personal responsibility arises towards the other. According to Emmanuel Levinas, the other is every single human being I am responsible for, and I am this responsibility for him. The other, my fellow, is the first comer. But I do not live in a world with just one single “first comer”; there is always another other, a third, who is also my other, my fellow. Otherness, beginning with this third, is a plurality. Proximity as responsibility is a plurality. There is a need for justice. There is the obligation to compare unique and incomparable others. This is what is hidden, unsaid, implied in legal discourse. But recourse to comparison among that which cannot be compared, among that which is incomparable is justified by love of justice for the other. It is this justification that confers a sense to law, which is always dura lex, and to the statement that citizens are equal before the law. From this point of view, State justice is always imperfect with respect to human rights understood as the rights of the other, of every other in his absolute difference, in his incomparable otherness.

scholarly journals THE PEOPLE AND THE STATE AUTHORITIES: THE ANALYSIS OF THE INTERACTION AND COOPERATION IN THE THEORETICAL LEGACY V. N. LESHKOV

2018 ◽  
Vol 6 (3) ◽  
pp. 26-30
Author(s):  
Тимур Чукаев ◽  
Timur Chukaev
Keyword(s):  
Civil Society ◽  
Law Enforcement ◽  
Public Administration ◽  
The State ◽  
First Century ◽  
Legal Research ◽  
Methodological Basis ◽  
The People ◽  
General Scientific ◽  
The Law

The Article is devoted to the theoretical and legal heritage of the prominent Russian lawyer Vasily Nikolaevich Leshkov (1810–1881), his ideas about society as a subject of public administration, about the interaction of civil society and the police as subjects of the implementation of the law enforcement function. The methodological basis of the research is general scientific (historical, systemic, functional) and special (formal-legal, historical-legal, comparative-legal) methods of legal research. A theoretical legacy, V. N. Leshkov, which contemporaries did not understand, and the descendants of the forgotten, to comprehend the researchers in the twenty-first century.

scholarly journals La estrategia del Estado Chileno a la problemática de las violencias contra las mujeres (2005-2014)

2017 ◽  
pp. 123
Author(s):  
Angélica María Gómez Medina ◽  
Fabiola Miranda Perez
Keyword(s):  
The State ◽  
Main Issue ◽  
Option Value ◽  
Domestic Sphere ◽  
The People ◽  
The Law ◽  
Las Mujeres ◽  
Domination Relation ◽  
Local Levels

<p><strong>Resumen</strong></p><p>Este artículo busca mostrar los efectos de la incursión del Estado chileno en la lucha contra las violencias hacia las mujeres en el ámbito doméstico. Para esto acudimos a dispositivos legales y políticos. Se mostrará el rol de las instituciones de justicia y del Servicio Nacional de la Mujer (SERNAM) en tanto que instrumentos de atención y protección a las personas afectadas por la problemática, durante los gobiernos de Michelle Bachelet (2006-2010) y de Sebastián Piñera (2010-2014). Durante el desarrollo del análisis, se caracterizará cómo entra en tensión el enfoque familiarista de la ley con los dispositivos propuestos por el Estado. Avanzando que el género como categoría crítica si bien es invisibilizado, de igual modo aparece como ordenador de relaciones de poder y dominación. Lo anterior ocurre tanto en la construcción de la legislación, como en la intervención de la problemática en niveles locales.</p><p> </p><p><strong>Abstract</strong></p><p>This article seeks to show the effects of the incursion of Chilean State in the struggle against violence towards women in the domestic sphere. For this, we focus on political and legal devices. We will show the role of the Courts of Justice and National Women’s Service (SERNAM) as instruments of attention and protection for the people affected by the issue, during the latest governments of Michelle Bachelet (2006 – 2010) and Sebastian Piñera (2010-2014). During the development of the analysis, it will be characterized how the familiarist approach of the law comes into tension with the devices proposed by the State. Stating that gender as a critical category, while being invisible, likewise appears as a power and domination relation ordering. This occurs both in the construction of legislation and in the intervention of the main issue at local levels.</p><div id="SLG_balloon_obj" style="display: block;"><div id="SLG_button" class="SLG_ImTranslatorLogo" style="background: url('chrome-extension://mchdgimobfnilobnllpdnompfjkkfdmi/content/img/util/imtranslator-s.png'); display: none; opacity: 1;"> </div><div id="SLG_shadow_translation_result2" style="display: none;"> </div><div id="SLG_shadow_translator" style="display: none;"><div id="SLG_planshet" style="background: url('chrome-extension://mchdgimobfnilobnllpdnompfjkkfdmi/content/img/util/bg2.png') #f4f5f5;"><div id="SLG_arrow_up" style="background: url('chrome-extension://mchdgimobfnilobnllpdnompfjkkfdmi/content/img/util/up.png');"> </div><div id="SLG_providers" style="visibility: hidden;"><div id="SLG_P0" class="SLG_BL_LABLE_ON" title="Google">G</div><div id="SLG_P1" class="SLG_BL_LABLE_ON" title="Microsoft">M</div><div id="SLG_P2" class="SLG_BL_LABLE_ON" title="Translator">T</div></div><div id="SLG_alert_bbl"> </div><div id="SLG_TB"><div id="SLG_bubblelogo" class="SLG_ImTranslatorLogo" style="background: url('chrome-extension://mchdgimobfnilobnllpdnompfjkkfdmi/content/img/util/imtranslator-s.png');"> </div><table id="SLG_tables" cellspacing="1"><tr><td class="SLG_td" align="right" width="10%"><input id="SLG_locer" title="Fijar idioma" type="checkbox" /></td><td class="SLG_td" align="left" width="20%"><select id="SLG_lng_from"><option value="auto">Detectar idioma</option><option value="">undefined</option></select></td><td class="SLG_td" align="center" width="3"> </td><td class="SLG_td" align="left" width="20%"><select id="SLG_lng_to"><option value="">undefined</option></select></td><td class="SLG_td" align="center" width="21%"> </td><td class="SLG_td" align="center" width="6%"> </td><td class="SLG_td" align="center" width="6%"> </td><td class="SLG_td" align="center" width="6%"> </td><td class="SLG_td" align="center" width="6%"> </td><td class="SLG_td" width="10%"> </td><td class="SLG_td" align="right" width="8%"> </td></tr></table></div></div><div id="SLG_shadow_translation_result" style="visibility: visible;"> </div><div id="SLG_loading" class="SLG_loading" style="background: url('chrome-extension://mchdgimobfnilobnllpdnompfjkkfdmi/content/img/util/loading.gif');"> </div><div id="SLG_player2"> </div><div id="SLG_alert100">La función de sonido está limitada a 200 caracteres</div><div id="SLG_Balloon_options" style="background: url('chrome-extension://mchdgimobfnilobnllpdnompfjkkfdmi/content/img/util/bg3.png') #ffffff;"><div id="SLG_arrow_down" style="background: url('chrome-extension://mchdgimobfnilobnllpdnompfjkkfdmi/content/img/util/down.png');"> </div><table width="100%"><tr><td align="left" width="18%" height="16"> </td><td align="center" width="68%"><a class="SLG_options" title="Mostrar opciones" href="chrome-extension://mchdgimobfnilobnllpdnompfjkkfdmi/content/html/options/options.html?bbl" target="_blank">Opciones</a> : <a class="SLG_options" title="Historial de traducciones" href="chrome-extension://mchdgimobfnilobnllpdnompfjkkfdmi/content/html/options/options.html?hist" target="_blank">Historia</a> : <a class="SLG_options" title="ImTranslator Ayuda" href="http://about.imtranslator.net/tutorials/presentations/google-translate-for-opera/opera-popup-bubble/" target="_blank">Ayuda</a> : <a class="SLG_options" title="ImTranslator Feedback" href="chrome-extension://mchdgimobfnilobnllpdnompfjkkfdmi/content/html/options/options.html?feed" target="_blank">Feedback</a></td><td align="right" width="15%"><span id="SLG_Balloon_Close" title="Cerrar">Cerrar</span></td></tr></table></div></div></div>

Sign in / Sign up

Export Citation Format

Share Document