scholarly journals The Authority Of Regional Government Of Formation Regional Regulation (Perda) Shari'a

2018 ◽  
Vol 2 (2) ◽  
pp. 180-186
Author(s):  
Muhammad Galang Asmara ◽  
Gatot Dwi Hendro Wibowo ◽  
RR Cahyowati
Keyword(s):  
Judicial Review ◽  
Islamic Law ◽  
Legal Issues ◽  
Regional Government ◽  
Religious Leaders ◽  
Conceptual Approach ◽  
Government Formation ◽  
Research Results ◽  
Testing Procedures ◽  
Regional Authority

The study, the Authority of regional government Formation of Regional Regulation (Perda) shari'a aims to assess four legal issues, namely: (1) Establish a Regional Authority Perda Syariah; (2) The criteria of Shariah legislation; (3) The procedure of Legislative Shari'ah; (4) Testing Regulation to shariah. This research is normative by using several approaches, namely: (a) Conceptual Approach (Conceptuan aproach); (B) Approaches Legislation (Statute aproach); and (c) Approach the case (Case aproach). The results of this study are expected bermenfaat either for the development of Science and to assist practitioners in the formation of legislation. The research results are as follows: (1) The Regional Authority to establish Sharia legislation can be found in several laws and regulations, both in the Constitution and in the implementation of such rules in the Act; (2) Criteria Sharia legislation is contained in the contents that are based on the values and teachings of Islam; (3) Procedures establishment of sharia in praktinya regulations following the establishment of regulations in general; (4) review of sharia regional regulation also follow the testing procedures and legislation in general. Forward suggest that the process of formation of Perda Syariah scholars to enroll in the area at least in the process of forming draft local regulations. Similarly, in the process of judicial review and evaluation should be based on the sources of Islamic law and involves an element of religious leaders and religious judges.

scholarly journals PENANGANAN JENAZAH KORBAN BENCANA ALAM BADAN PENANGGULANGAN BENCANA DAERAH DALAM PERSPEKTIF HUKUM ISLAM

2020 ◽  
Vol 14 (2) ◽  
pp. 227-252
Author(s):  
Fajar rahmat Aziz
Keyword(s):  
Natural Disasters ◽  
Disaster Management ◽  
Islamic Law ◽  
Emergency Situation ◽  
The Body ◽  
Regional Government ◽  
Religious Leaders ◽  
South Sulawesi ◽  
Large Numbers ◽  
Long Time

It is the Regional Disaster Management Agency’s (BPBD) onus of South Sulawesi to assist the Governor in organizing regional government administration within the scope of regional disaster management. Among BPBD’s duties in South Sulawesi in handling corpses of natural disaster are: intact Muslim corpses are handled normally, in which the bodies were washed, shrouded, sanctified and buried by following the procedures that have been determined by the Shari'ah. Afterwards, decaying and unrecognizable Muslim corpses were directly shrouded, sanctified then buried. Whilst the large numbers corpses that mixed between Muslims and non-Muslims, were immediately buried and sanctified by religious leaders from each of the existing religious representatives. Hereinafter, the constraints faced by the BPBD of South Sulawesi in handling the corpses of natural disasters include: limited equipment, difficulty in reaching the location and the identification process which requires a long time. The Islamic law view regarding the handling of the natural disasters corpses is that basically, in normal conditions, the corpses must be washed, shrouded, sanctified and buried according to the procedures that have been determined by Islamic law. When a disaster occurs, the handling of the body is still carried out in accordance with the provisions of the Shari'ah but in an emergency situation.

scholarly journals Tinjauan Hukum Lingkungan dan Kebijakannya terhadap Perlindungan dan Pengelolaan Keanekaragaman Hayati

2016 ◽  
pp. 18-44
Author(s):  
Tri Rusti Maydrawati
Keyword(s):  
Environmental Law ◽  
Legal Issues ◽  
Regional Government ◽  
Research Results ◽  
The Government ◽  
Relationship Of ◽  
The Relationship ◽  
Laws And Regulations

This research discusses the protection and management of biodiversity in environmental law perspective. Indonesia has a large biodiversity which needs to be managed and protected. Indonesia has enacted laws and regulations on biodiversity, but they are still weakly and less effectively implemented. Furthermore, it is a fact that regulations stipulated by the government or certain sectors do not still accommodate interests of all parties. Legal issues examined here is whether Act No. 32 of 2009 on the Protection and Management of the Environment has protected biodiversity in Indonesia and how is the implementation of policies in protecting biodiversity during this time. The research results show that Act No. 32 of 2009 on the Protection and Management of the Environment has protected the biodiversity in Indonesia. Implementation of policies about the protection and management of biodiversity during this time can be viewed from the relationship of policy between the government and the regional government, such as the authority and institutions to manage and protect the environment, including instruments to manage biodiversity.

scholarly journals Keikutsertaan Anak di Bawah Umur Dalam Aksi Demonstrasi Menurut Hukum Islam dan Hukum Positif di Indonesia

2021 ◽  
Vol 8 (1) ◽  
Author(s):  
Sofyan Nur Hardiansyah ◽  
Mufidah Mufidah
Keyword(s):  
Qualitative Method ◽  
Islamic Law ◽  
Data Sources ◽  
Conceptual Approach ◽  
Research Results ◽  
Positive Law ◽  
The Future ◽  
Democratic System

ABSTRAKAnak adalah anugerah Allah Yang Maha Kuasa sebagai harapan masa depan bangsa. Sedangkan demonstrasi adalah hal yang lazim dilakukan oleh negara-negara yang menggunakan sistem demokarasi. Belakangan ini terjadi aksi demonstrasi yang melibatkan anak di bawah umur. Jurnal ini bertujuan untuk mengetahui pelaksanaan demokrasi yang ada di Indonesia dan juga menjelaskan tentang keikutsertaan anak di bawah umur dalam aksi demonstrasi menurut Hukum Islam dan Hukum Positif. Penulis menggunakan metode penelitian kualitatif dan pendekatan undang-undang (statue approach) dan pendekaatan konseptual (conseptual approach). Sumber data dalam penelitian ini diperoleh dari peraturan perundang-undangan dan fenomena yang ada di masyarakat. Berdasarkan hasil penelitian, diperoleh kesimpulan bahwa prinsip demokrasi di Indonesia yaitu Demokrasi Pancasila. Keikutsertaan anak di bawah umur dalam aksi demonstrasi yaitu tidak diperbolehkan karena seorang anak belum memenuhi syarat sebagai seorang mukallaf sehingga belum dapat diberikan pembebanan (taklif). Kata Kunci : Anak di Bawah Umur, Aksi Demonstrasi, Demokrasi ABSTRACTChildren are a gift from Allah the Almighty as the hope for the future of the nation. Meanwhile, demonstrations are common in countries that use a democratic system. Recently there was a demonstration involving minors. This journal aims to find out about the implementation of democracy in Indonesia and also explain the participation of minors in demonstrations according to Islamic Law and Positive Law. The author uses a qualitative method and a statue approach and a conceptual approach. Sources of data in this study are law and phenomenon of data sources. Based on the research results, it is concluded that the principle of democracy in Indonesia is Pancasila Democracy. The participation of minors in demonstrations is not allowed because a child has not met the requirements as a mukallaf so that he cannot be charged with taklif.Keywords : Underage Children, Demonstrations, Democracy

scholarly journals Dissenting Opinions Hakim Mahkamah Konstitusi Terhadap Pembatalan Peraturan Daerah Kabupaten/Kota Oleh Menteri Dalam Negeri Dikaitkan Dengan Pasal 24A Ayat (1) UUD 1945 (Putusan Mahkamah Konstitusi Nomor:137/PUU-XIII/2015)

2019 ◽  
Vol 5 (2) ◽  
Author(s):  
Kantrey Sugiarto ◽  
Heru Drajat Sulistyo
Keyword(s):  
Judicial Review ◽  
Quality Parameters ◽  
Legal Issues ◽  
Constitutional Court ◽  
Regional Government ◽  
Court Ruling ◽  
The Law ◽  
Sense Of Justice ◽  
Case Number

On April 4, 2017, the Panel of Judges of the Constitutional Court read out the decision on a judicial review of the laws of the Regional Government registered with case number 137 / PUU-XIII / 2015. Of the 9 (nine) judges who tried the case, there were 4 (four) judges who did dissenting opinions. With the Dissenting Opinion in this decision can be used as one of the quality parameters of the decision in fulfilling the sense of justice of the community, because it can be assessed the quality of thought of each judge and know the inner atmosphere that occurs during the judge deliberation meeting which is one of the crucial stages before a court ruling. The description of the activities carried out is, first to identify the facts of the law and to eliminate the irrelevant matters to establish legal issues to be solved. Second, collecting legal materials that are relevant to legal issues that are discussed so as to be able to solve these legal issues. Third, review legal issues submitted based on the materials collected. Fourth, draw conclusions in the form of arguments that answer legal issues. Fifth, provide text based on the arguments built in the conclusions.

scholarly journals Interpretation of The Phrase “Coercion” in The Compilation of Islamic Law as Reasons for Cancellation of Marriage

2021 ◽  
Vol 15 (2) ◽  
pp. 271-288
Author(s):  
Neng Widya Millyuner ◽  
Adi Nur Rohman ◽  
Elfirda Ade Putri
Keyword(s):  
Islamic Law ◽  
Legal Issues ◽  
Third Party ◽  
Legal Research ◽  
Conceptual Approach ◽  
Sociological Approach ◽  
Legal Implications ◽  
Legal Consequence ◽  
Religious Courts

Marriage is a common thing in society with ubudiyyah elements in it. However, legal issues often accompany the sanctity of the marriage bond itself, such as the cancellation of a marriage due to an element of coercion from a third party. Article 71 Compilation of Islamic Law (KHI) states that one of the reasons for being able to apply for a marriage cancellation is because of coercion when the marriage took place. The purpose of this study is to analyze the meaning of the phrase "coercion" as a reason for annulment of marriage and its accompanying legal implications. This type of research is classified as normative-empirical legal research using a statutory approach and a conceptual approach plus a sociological approach as a tool. This research refers to a variety of primary, secondary and tertiary legal materials compiled and traced through literature studies and interviews with judges of the Religious Courts. The legal materials that have been collected are then analyzed descriptively and analytically. The results showed that what is meant by coercion in marriage is a marriage that occurs not because of one's own will or feels that he is under threat. As a form of legal consequence, annulment of a marriage by force is different from divorce, where the marriage bond that occurred before the breakup of the marriage is considered never to have occurred.

scholarly journals TINJAUAN HUKUM LINGKUNGAN TERHADAP PERLINDUNGAN DAN PENGELOLAAN KEANEKARAGAMAN HAYATI

2019 ◽  
Vol 3 (1) ◽  
pp. 39-62
Author(s):  
Asram AT Jadda
Keyword(s):  
Environmental Law ◽  
Legal Issues ◽  
Regional Government ◽  
Research Results ◽  
The Government ◽  
Relationship Of ◽  
The Relationship ◽  
Laws And Regulations

This research discusses the protection and management of biodiversity in environmental law perspective. Indonesia has a large biodiversity which needs to be managed and protected. Indonesia has enacted laws and regulations on biodiversity, but they are still weakly and less effectively implemented. Furthermore, it is a fact that regulations stipulated by the government or certain sectors do not still accommodate interests of all parties. Legal issues examined here is whether Act No. 32 of 2009 on the Protection and Management of the Environment has protected biodiversity in Indonesia and how is the implementation of policies in protecting biodiversity during this time. The research results show that Act No. 32 of 2009 on the Protection and Management of the Environment has protected the biodiversity in Indonesia. Implementation of policies about the protection and management of biodiversity during this time can be viewed from the relationship of policy between the government and the regional government, such as the authority and institutions to manage and protect the environment, including instruments to manage biodiversity

scholarly journals TERTIB DASAR PEMBENTUKAN PERATURAN DAERAH DI PROVINSI JAWA TIMUR

2019 ◽  
Vol 6 (1) ◽  
pp. 1035-1050
Author(s):  
Bambang Ariyanto
Keyword(s):  
Local Governments ◽  
Regional Government ◽  
Conceptual Approach ◽  
Regional Autonomy ◽  
Regional Authority ◽  
Final Alignment ◽  
Normative Aspect ◽  
Basic Order ◽  
Laws And Regulations

Regional autonomy has given authority to local governments to regulate and manage their own government households. The authority of the regional government in regulating this is realized through regional authority to make legal products called Regional Regulations. This regulation is an operational juridical instrument and controlling instrument for the implementation of regional autonomy. Law Number 12 of 2011 concerning the Establishment of Legislation Regulations mandates that there are stages that must be passed in forming legislation, namely through the stages of planning, drafting, discussion, ratification or stipulation, and promulgation. This study examines and answers the problems regarding the procedure for establishing Regional Regulations in East Java Province. From the normative aspect, how is the process of establishing a Regional Regulation in East Java Province, and whether its formation is in accordance with the orderly basis of the formation of the Laws and Regulations. This study is a normative juridical study using a statute approach and conceptual approach. The results of the study state that the Establishment of Regional Regulations in the Provinces in East Java is in accordance with the basic order of the establishment of Legislation. There are stages in the formation of the Regional Regulation, which refers to the East Java Provincial Regulation No. 1 of 2015 concerning the Establishment of Regional Legal Products. The stages of establishing a Regional Regulation include: Planning, drafting, discussion, final alignment, stipulation or ratification, enactment, clarification and evaluation; and dissemination.

POLIGAMI DALAM PERSPEKTIF AL-QUR’AN

2016 ◽  
Vol 1 (2) ◽  
pp. 35-50
Author(s):  
Makrum Makrum
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Qualitative Approach ◽  
Comprehensive Understanding ◽  
Research Results ◽  
Library Research ◽  
Difference Of Opinion ◽  
Controversial Problem ◽  
The Difference ◽  
Interpretation Method

This paper is discusion the polygamy is still a controversial problem, although much discussed and examined. The difference of opinion among scholars make this problem continues to potentially raises the agree and disagree. Even though it has been regulated in Act Number 1 of 1974 concerning marriage and the compilation of Islamic law (KHI), this does not necessarily make the problem of polygamy is complete. Not a few perpetrators of polygamy choose married under the hand or by sirri. This research uses qualitative approach by implementing thematic interpretation method (maudhu'i) to obtain a comprehensive understanding about polygamy in the Qur'an. The Data obtained through the study of a library research by sharing the data that comes from the various verse of the Qur'an, hadith, book fiqh, research results, books and the news in various media outlets in order to complete the interpretation of the verses of polygamy. Based on the results of this research it is known that the verses of the Qur'an gives a very tight restrictions for those who want to in polygamy. Justice that the conditions of polygamy is not only were quantitative but also qualitative research. In the context of historical-socio, the command of polygamy is intended as a form of the solution to avoid injustice to orphans women. Even if polygamy still want to do, should the husband marrying the widows who have lighten the orphan.

The Validity of Rector�s Circular Letter on the Covid-19 Pandemic

2020 ◽  
Vol 7 (1) ◽  
pp. 126 ◽  
Author(s):  
Fradhana Putra Disantara
Keyword(s):  
Legal Theory ◽  
Legal Issues ◽  
State Universities ◽  
Ministry Of Education ◽  
Conceptual Approach ◽  
State Of Emergency ◽  
Circular Letter ◽  
The Status ◽  
The Government

This study aims to analyze the relevance of the �health emergency� status to the existing legal theory and condition as well as to identify the validity of the Circular Letter of the Rector of State Universities. To this end, this study applied the statute and conceptual approach. The study was conducted by inventorying primary and secondary legal materials to obtain a proper and critical review of the legal issues under study. The results showed that the determination of the �health emergency� status by the government was inappropriate due to the uncertainty of the regulations issued by the government to determine the current condition. Thus, the status of the COVID-19 pandemic is a �legal emergency� status. Further, the Rector�s policy through the Circular Letter is valid judicially, sociologically, and philosophically. The determination of the �legal emergency� status can be done by issuing a Perppu without a �state of emergency� from the President. Finally, it is suggested to firstly get an approval from the Ministry of Education and Culture regarding the issuance of the Rector�s Circular Letter. Besides, further study is needed as this study was conducted during the COVID-19 pandemic.�Keabsahan Surat Edaran Rektor Perguruan Tinggi dalam Pandemi Covid-19Tujuan dari penelitian ini adalah untuk menganalisa relevansi status �darurat kesehatan� dengan teori hukum dan kondisi yang ada dan keabsahan atas Surat Edaran Rektor Perguruan Tinggi Negeri. Metode yang digunakan dalam penelitian ini adalah statute approach dan conseptual approach. Penelitian dilakukan dengan menginventarisasi bahan hukum primer dan sekunder, guna mendapatkan kajian yang seyogianya dan telaah kritis terkait isu hukum. Hasil penelitian menyatakan penetapan status darurat kesehatan oleh pemerintah kurang tepat, dikarenakan tidak menentu-nya peraturan yang dikeluarkan oleh pemerintah untuk menetapkan kondisi saat ini. Sehingga, status pandemi COVID-19 merupakan status darurat hukum. Kebijakan rektor melalui Surat Edaran adalah absah secara aspek yuridis, sosiologis, dan filosofis. Penetapan darurat hukum cukup dilakukan dengan menerbitkan Perppu tanpa pernyataan darurat dari Presiden. Saran peneliti adalah di perlukan persetujuan pada Kementerian Pendidikan dan Kebudayaan terkait terbitnya Surat Edaran Rektor, dan dibutuhkan penelitian lebih lanjut dikarenakan penelitian ini dilakukan pada masa COVID-19 yang bersifat temporal.�

The Muslim and the Law: A Brunei Experience

2017 ◽  
Vol 3 ◽  
Author(s):  
Zabaidah Haji Kamaludin
Keyword(s):  
Islamic Law ◽  
Critical Factor ◽  
Legal Issues ◽  
Core Element ◽  
The Core ◽  
Ideal System ◽  
The Law ◽  
Islamic Values

An Islamic system of governance is an ideal system, which is a tantalising objective for many Muslims but often times not achieved in practice. Countries may call themselves ‘Islamic’ but the core element of Islamicity, that of values such as compassion, equity and justice may not have breached the consciousness of their leaders and citizens. Sometimes it is individuals who act as the catalyst for sparking action. For a Muslim, it is his īmān that serves to light his conscience, and guiding him the dispensation of his everyday tasks within his organisation. This individualised īmān may at times serve as a small but critical factor tilting the different organisational functions of government towards integrations under an Islamic system of governance. This paper recounts the challenges of a Muslim engaging in legal issues in a non-Islamic context, seeking to help enable his organisation to undertake the role of incorporating non-Islamic law with Islamic values.

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