scholarly journals Pemahaman Hadis Isbāl Dalam Perspektif Sosiologis

2021 ◽  
Vol 5 (1) ◽  
pp. 291
Author(s):  
Rozian Karnedi
Keyword(s):  
Proper Understanding ◽  
Correlative Study ◽  
Sociological Approach ◽  
Contextual Understanding ◽  
Study Results ◽  
The Law ◽  
Sociological Factor

Understanding of Isbāl Hadiths in a Sociological PerspectiveThis study aims to further analyze the differences among Muslims in understanding the isbāl hadith focused on two questions. First, whether the isbāl prohibition contained in various pure hadiths is religious normativity or sociological reasons for particular interests. Second, how is the best way to understand the isbāl hadith prohibition. The study of this issue uses a sociological approach and thematic correlative methods. The study results found that the hadiths that prohibit isbāl are tasyri'iyyah hadith (legal /normative), but the law is not universal but conditional. It happens because the emergence of the hadiths prohibiting isbāl is inseparable from the sociological factor at that time, which was a form of rejection of the Prophet Muhammad PBUH against the jahiliyyah  culture. The correlative study of the hadith found that 'illat  prohibiting isbāl is khuyyala' (arrogance). The proper understanding of this hadith is a contextual understanding using the rules of ushul fiqh yadūrul ḥukmi ma'a al-'illah wujūdan wa'adaman (the application of the law is closely related to the presence or absence of 'illat).  The prohibition isbāl  aimed specially for people who do it because of their arrogance, not to people who do it  without their arrogance

scholarly journals IMPACT OF THE VAT REVERSE-CHARGE MECHANISM ON THE CASH FLOWS OF CONSTRUCTION COMPANIES IN THE SLOVAK REPUBLIC

2018 ◽  
Vol 6 ◽  
pp. 522-528
Author(s):  
Angelika Kútna ◽  
Norbert Gyurián ◽  
Zoltán Šeben
Keyword(s):  
Slovak Republic ◽  
Financial Burden ◽  
Value Added ◽  
Cash Flows ◽  
Business Environment ◽  
Value Added Tax ◽  
Construction Companies ◽  
Study Results ◽  
The Law ◽  
Reverse Charge

In 2015, the Slovak Parliament adopted the Law on Amendments to the Law on Value-Added Tax. This law came into force on January 1, 2016. One of the most significant changes was the introduction of a reverse-charge for the provision of construction works. A government statement of its positive influence on the business environment is inconsistent with the two-year experience in the building sector. The main goal of this paper is to establish the reason for the practical effects of the value-added tax reverse-charge mechanism on the construction companies. The hypothesis is that the negative effect on the cash flows of the construction companies increases ‘opportunity costs’ connected to excessive deductions. The paper focuses on evaluating and quantifying such an effect. It presents a comparison of the conditions before and after the adoption of the Act. No. 222/2004 Coll., as amended in 2016 and includes factors that influence costs and cash flows of construction companies. It but does not consider factors related to turnover and the economic situation.  The reverse-charge mechanism affects the total of tax owing, the total deductible tax, the total excessive deduction, and the construction companies’ cash flows. In this study, the data from the information system of the Slovak Republic, under the condition of anonymity, are analyzed for the period 2014–2017. The effect of the value-added tax is quantified by way of financial interest expenses. These expenses depend on time limits for the excessive deduction, total of tax owing, and on the excessive deduction amount. Indicators of ‘Financial Burden 1’ and ‘Financial Burden 2’ are calculated. The results show that the Law on Amendments of Value Added Tax has significantly affected the constructions companies since January 2016. The reverse-charge system has not changed the delay in excessive deduction payments to the taxpayer’s bank account. It has changed the amount of excessive deduction expressed through money and the total tax owing. Based on the study results, this change markedly affects the financial burden of construction companies and provides an ‘opportunity cost’ Value Added Tax payers‘ construction company.

VI. The course of evidence

2018 ◽  
pp. 277-329
Author(s):  
Roderick Munday
Keyword(s):  
Essential Feature ◽  
Common Knowledge ◽  
Proper Understanding ◽  
English Law ◽  
The Law ◽  
Law Of Evidence

This chapter concerns the principal rules governing examination in-chief, cross-examination, and re-examination of witnesses. Such an account is not entirely satisfactory because it is concerned with regulations that are either matters of common knowledge or else can be thoroughly mastered only by experience. However, the rules with which it deals have been highly characteristic of the English law of evidence. The elucidation of facts by means of questions put by parties or their representatives to witnesses mainly summoned by them has been an essential feature of the English ‘adversarial’ or ‘accusatorial’ system of justice. The chapter argues that not only is an appreciation of this procedure desirable for its own sake, but it is necessary for a proper understanding of such matters as the law concerning the admissibility of the convictions, character, and credibility of parties and witnesses.

scholarly journals SISTEM SYARIAH DALAM SOROTAN

2019 ◽  
Vol 1 (1) ◽  
pp. 89-201
Author(s):  
Safwan Safwan
Keyword(s):  
Legal Decision ◽  
Proper Understanding ◽  
Positive Law ◽  
Sharia Law ◽  
The Law

In fact, a proper understanding of sharia is a goal while fiqh is the path used to get to that goal. Sharia can also be understood as God's message sent to mankind through the intermediaries of the Prophets, while fiqh is the result of the understanding and interpretation of a mujtahid of the message so that the results of that interpretation allow true and possible to be wrong. The standard for assessing whether a legal decision is sharia compliant or not, in fact the main consideration is whether the law really contains elements of justice, benefit, mercy, wisdom, and other noble values. Sharia appraisers and not actually not located on the label or claim, but rather is the substance. Comparison of positive law and sharia law in this case is related to the execution of fiduciary guarantees, apparently positive law is no less Islamic than the law which is said to be more sharia. Evidently, the execution of fiduciary guarantees when the customer defaults turns out to be more beneficial decision made by positive law than sharia law which in this case is represented by the decision of the DSN-MUI Fatwa, and there are many other examples that we might find. Keyword: Sharia, Fiqh, Positive and Sharia law, Fiduciary Guarantee, DSN-MUI Fatwa.   Abstrak Sebenarnya, pemahaman yang tepat tentang syariah merupakan sebuah tujuan sedangkan fikih merupakan jalan yang digunakan untuk bisa sampai kepada tujuan tersebut. Syariah juga dapat dipahami sebagai pesan Tuhan yang diturunkan kepada umat manusia melalui perantara para Nabi, sedangkan fikih merupakan hasil pemahaman dan penafsiran seorang mujtahid terhadap pesan tersebut sehingga hasil penafsiran tersebut memungkinkan benar dan memungkinkah salah. Standar untuk menilai apakah suatu keputusan hukum itu sesuai syariah ataukah tidak, sebenarnya pertimbangan utamanya adalah apakah hukum tersebut memang benar-benar memuat unsur keadilan, maslahat, rahmat, hikmah, dan nilai-nilai luhur lainnya. Penilai syariah dan bukan sebenarnya tidak terletak pada label atau klaim, melainkan adalah substansi. Perbandingan hukum positif dan hukum syariah dalam hal ini adalah berkaitan dengan eksekusi jaminan fidusia ternyata hukum positif tidak kalah Islami dengan hukum yang dikatakan lebih syariah. Terbukti, eksekusi jaminan fidusia tatkala nasabah terjadi wanprestasi ternyata lebih maslahat keputusan yang ditetapkan oleh hukum hukum positif dari pada hukum syariah yang dalam hal ini diwakili oleh keputusan Fatwa DSN-MUI, dan masih banyak contoh lain yang mungkin dapat kita temukan. Kata kunci: Syariah, Fiqh, Positif dan Hukum Syariah, Jaminan Fidusia, Fatwa DSN-MUI

scholarly journals Kedudukan Anak Luar Kawin yang Diangkat oleh Kakeknya di Desa Batukaang, Kecamatan Kintamani, Kabupaten Bangli

2020 ◽  
Vol 1 (1) ◽  
pp. 19-23
Author(s):  
Ni Nyoman Oktaviani ◽  
Ketut Sukadana ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Family Life ◽  
Secondary Data ◽  
Primary Data ◽  
Right To Life ◽  
Adopted Child ◽  
Sociological Approach ◽  
Inheritance System ◽  
The Law ◽  
The Right ◽  
Legal Marriage

Children born out of wedlock are children born to a woman who does not have a legal marriage relationship with a man who has made her give birth to the child. The child does not have a perfect position in the standpoint of the law like a legitimate child in general. The birth of a child is crucial in every family. In terms of family life, children are descendants of the next generation so a child has the right to life and identity as an effort to protect the law. The problem how the adoption of a child born beyond official marriage by his grandfather in Desa Batukaang, the Sub-district of Kintamani, Bangli Regency is executed and what is the inheritance system for such an adopted child in Batukaang Village, Kintamani District, Bangli Regency? The child was appointed by his own grandfather and the reason for the appointment was that the adoptive grandfather did not have a son. The type of research used in this research is an empirical study with a juridical-sociological approach. Types of data are primary data and secondary data, collected through interview and literature review. The procedure for the adoption of the child execution is through customary or noetic way, which is to carry out extortion ceremonies where offerings are religiously and legally made and the child is legally made as a legitimate child in general. Ultimately, the child is legitimate to be the child of the adopting grandfather both in a customary and inheritance legal system, the child inherits all inheritance from the grandfather. 

scholarly journals SOCIAL PROTEST MOVEMENT ISLAMIC LAW PERSPECTIVE (Critical Study of the Protest Phenomenon in Indonesia)

2021 ◽  
Vol 9 (2) ◽  
pp. 211
Author(s):  
Abdul Harris Abbas ◽  
Hasyim Aidid ◽  
Musafir Pabbabari ◽  
Marilang Marilang
Keyword(s):  
Islamic Law ◽  
Freedom Of Expression ◽  
Social Protest ◽  
Islamic State ◽  
Protest Movement ◽  
Sociological Approach ◽  
The Earth ◽  
Library Research ◽  
The Social ◽  
The Law

This study formulates three problems which include: (1) The principles of the social protest movement from the perspective of Islamic law; (2) Methods and techniques for conducting demonstrations from the perspective of Islamic law; (3) The social impact of demonstrations in Indonesia from the perspective of Islamic law. This study uses a qualitative method (descriptive-analytic). Based on the data source is library research (library research). The approach used is the sociological approach of Islamic law and the siyasah fiqh approach. In the perspective of scientific studies, these two approaches are used to understand the phenomenon of demonstrations in Indonesia based on legal arguments contained in the Qur'an and Hadith, the opinions of fuqaha' and opinions that develop (ijitahad) at a time in life. Muslims. Meanwhile, from a methodological perspective, these two approaches are used to provide an interpretation of the methodology of Islamic law on the concept and practice of demonstrations based on social movement theory and Islamic political theory. The results of this study found that: The principles of the Islamic social protest movement are built on the doctrine of rights and obligations between the people and the rulers in an Islamic state which include: the principle of hisbah; The principle of freedom of expression; The principle of deliberation; and constitutional principles. Based on the method of carrying out the demonstration, there are 2 methods, namely the exclusive method and the inclusive method. Based on the technique of holding demonstrations, there are 3 levels, namely: (1) demonstrations with the ability and strength of the masses; (2) demonstration with verbal ability and strength; (3) protest with the ability of the heart. Through the istislahi approach, that Islamic law strongly condemns all demonstration activities that cause harm to religion, soul, mind, descendants and property. On the other hand, he strongly supports all demonstration activities that uphold the five maintenances (Maqasid al-khamsah). That demonstrations are not at all motivated by passion or personal tendencies, let alone to cause damage to the earth. It is an obligation not just an appeal for those who can afford it. The law is fardu kifayah. Turning away from that obligation is the same as carrying oneself That demonstrations are not at all motivated by passion or personal tendencies, let alone to cause damage to the earth. It is an obligation not just an appeal for those who can afford it. The law is fardu kifayah. Turning away from that obligation is the same as carrying oneself That demonstrations are not at all motivated by passion or personal tendencies, let alone to cause damage to the earth. It is an obligation not just an appeal for those who can afford it. The law is fardu kifayah. Turning away from that obligation is the same as carrying oneself.

scholarly journals PERLINDUNGAN HAK CIPTA PADA BUKU ELEKTRONIK (E-BOOK) DI INDONESIA

2020 ◽  
Vol 8 (10) ◽  
pp. 1589
Author(s):  
Ida Ayu Lidya Nareswari Manuaba ◽  
Ida Ayu Sukihana
Keyword(s):  
Copyright Infringement ◽  
Copyright Law ◽  
License Agreement ◽  
Study Results ◽  
The Law ◽  
Object Of Study

Studi ini bertujuan untuk mengetahui pengaturan mengenai buku elektronik (e-book) menurut Undang-Undang Hak Cipta Nomor 28 Tahun 2014 yang selanjutnya disebut dengan UUHC, dan mengetahui bentuk penyelesaian sengketa yang dapat ditempuh apabila terjadi pelanggaran hak cipta pada buku elektronik (E-book). Studi ini menggunakan metode penelitian hukum normatif dengan memusatkan objek kajian pada UUHC. Hasil studi menunjukkan bahwa penjelasan dari Pasal 40 Ayat (1) huruf n UUHC secara implisit mengakui bahwa buku elektronik (E-book) merupakan salah satu ciptaan adaptasi yang dilindungi. Maka dari itu buku elektronik (E-book) adalah bentuk adaptasi atau pengalihwujudan dari buku cetak sehingga buku elektronik (E-book) harus dilindungi. Bagi orang lain yang ingin mengkonversi buku cetak menjadi buku elektronik (E-book) harus mendapatkan izin dari penciptanya melalui perjanjian lisensi yang dibuat oleh para pihak dan harus memenuhi syarat sahnya perjanjian sebagaimana diatur dalam Pasal 1320 KUHPer. Apabila terdapat pelanggaran hak cipta dalam penggandaan buku elektronik tanpa seizin Pencipta maka berdasarkan Pasal 95 Ayat (1) UUHC perkara tersebut dapat diselesaikan melalui pengadilan dan tanpa melalui pengadilan. Penyelesaian sengketa tanpa melalui pengadilan dapat dilakukan dengan cara arbitrase, mediasi, negosiasi, dan konsiliasi. Khusus untuk jalur pengadilan, hanya Pengadilan Niaga yang berwenang untuk menyelesaikan perkara dalam bidang hak cipta. This study aims to find out the law of e-book or e-book copyright based on Copyright Law Number 28 Year 2014 which known as UUHC and the forms of how to settled any cases that is used if the e-book copyright occurs. This study use normative law methods and focusing to UUHC as the object of study. The study results show that the explanation from Article 40 Paragraph (1) letter n of the UUHC implicity admit that e-book is one of protected adaptation creation. Therefore e-book can be interpreted as a form of aadaption or transformation of printed book so that e-book need to be protected. For those who want to convert a printed book into an e-book need the author permission through license agreement that made by each side and need to fulfill the legal terms of the agreement which regulated in Article 1320 BW. If there is a copyright infringement in duplicating books without the author permission, based on Article 95 Paragraph (1) UUHC this case can be settled by courts or without trial can be solved by arbitration, mediation, negotiation, and conciliation. Specifically for the case which can be settled by court, the court who own the authorization to settle the cases is Commercial Court.

Law, philosophy and disasters: earthquake-handling case in Yogyakarta, Indonesia

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Kelik Wardiono ◽  
Khudzaifah Dimyati ◽  
Absori Absori
Keyword(s):  
Natural Disaster ◽  
Disaster Management ◽  
Social Protection ◽  
Community Empowerment ◽  
Political Community ◽  
Disaster Mitigation ◽  
Content Type ◽  
Sociological Approach ◽  
The Law ◽  
The Right

Purpose This paper aims to synchronize the various constitutional regulations that regulate the natural disaster management in Indonesia, especially those which apply in the Yogyakarta Special Territory after disaster through a legal interpretation and construction method to find a community empowerment-based disaster management model, which suits the Indonesian ideals of law. Design/methodology/approach This research is carried out in the Yogyakarta Special Territory province; this research uses the juridical normative method or the method with the doctrinal or the juridical normative approach. The approaches used in this research are the conceptual approach, statute approach and the sociological approach. Findings The numerous constitutional regulations that are formed and implemented to regulate the disaster management in Yogyakarta Special Territory cannot yet run its function as an integrating mechanism efficiently. This is mainly because the handling of disasters is usually responsive, without clear planning. Research limitations/implications In numerous constitutional regulations, there is a synchronization between the regulations on the society’s rights and responsibilities in disaster management. The point of these regulations is that they state that every citizen has the right to obtain social protection and a sense of safety. They have the right to obtain education, trainings and skills in the establishment of disaster management. Also, they have the right to participate in policies, in accessing information on disaster prevention policies. Practical implications Efforts of response toward a disaster should be neither exclusive nor partial. A condition of disaster is a complex condition, which usually asks for a holistic response from various perspectives and experiences. It needs effective teamwork between various institutional groups. Basically, it will not be effective if it is run by a single agency exclusively. Indonesia needs a clear disaster management and needs to synchronize the law for disaster mitigation for minimize the natural disaster impact. Social implications Various constitutional regulations made and applied to regulate disaster management in the Yogyakarta cannot yet run its function as an efficient integrating mechanism, as the law cannot yet undergo the rearrangement of the productive process in the society optimally. The goals determined in the execution of the disaster management are often not legitimized by the society, and they do not yet give a full sense of justice to them. Recovery after Yogyakarta earthquake is a slow process. Originality/value This is a relatively new research, as other researches focused on the disastrous impacts of the Yogyakarta earthquake. The disaster management system must consider and must be responsive toward diversity, differences and competition, which may arise due to social, economic, political, community and even religious factors. These differences often create a dynamic and complex relation. A wrong manner in handling this may cause horizontal conflicts.

The “Production” of Corruption in China's Courts: Judicial Politics and Decision Making in a One-Party State

2012 ◽  
Vol 37 (04) ◽  
pp. 848-877 ◽  
Author(s):  
Ling Li
Keyword(s):  
Decision Making ◽  
Deviant Behavior ◽  
Judicial Politics ◽  
Proper Understanding ◽  
Rule By Law ◽  
Black Sheep ◽  
Judicial Corruption ◽  
The Law ◽  
Party State ◽  
Shed Light

Despite its rampant presence, judicial corruption in China has often been regarded as the idiosyncratically deviant behavior of a few black sheep eluding prescribed judicial conduct. This entrenched assumption has both discouraged in-depth investigation of the phenomenon of judicial corruption and inhibited proper understanding of the functioning of China's courts. This article, based on an empirically grounded examination of the processing of court rulings tainted by corruption, showed that judicial corruption in China is an institutionalized activity systemically inherent in the particular decision-making mechanism guided by the Chinese Communist Party's instrumental rule-by-law ideal. In investigating what has contributed to the institutionalization of judicial corruption, the interplay between law and party politics in China's courts was also examined. The findings, therefore, also shed light on behind-the-courtroom judicial activities and on the enduring perplexity of the gap between the law in the book and the law in action.

scholarly journals XXII.—Some Historical Aspects of the English Law of Attainder and Forfeiture for High Treason

Archaeologia ◽  
1883 ◽  
Vol 47 (2) ◽  
pp. 409-428
Author(s):  
Alfred Bailey
Keyword(s):  
Middle Ages ◽  
Proper Understanding ◽  
Historical Aspects ◽  
Wars Of The Roses ◽  
History Of ◽  
English Law ◽  
The Law ◽  
The Middle Ages

A knowledge of the working of the English Law of Attainder and Forfeiture for High Treason is essential to a proper understanding of the History of England in the Middle Ages, especially during the period of the Wars of the Roses.Perhaps the working of the law can be shown best in individual cases. Let us select as examples the fortunes of the dignities and estates which but for forfeiture and other intervening circumstances would have centred in the ill-fated Edward Earl of Warwick, last male scion of the splendid House of Plantagenet.

‘Unconscionability’ and the case against lumping: three case studies

2020 ◽  
Author(s):  
Ying Khai Liew
Keyword(s):  
Case Studies ◽  
Undue Influence ◽  
Proper Understanding ◽  
Good Basis ◽  
English Law ◽  
The Law

Abstract This article argues that unconscionability provides no good basis for arguments in favour of lumping equitable doctrines in English law. It explores three areas of equity where unconscionability has most strongly divided lumpers and splitters: undue influence and unconscionable bargains; proprietary estoppel and constructive trusts; and the ‘rule in Re Rose’ and the decision in Pennington v Waine. In relation to each discussion, the paper explains how lumpers rely on the idea of unconscionability to argue in favour of merging or expanding those established doctrines, and argues against lumping, by explaining how this distorts a proper understanding of the law.

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