scholarly journals PERBANDINGAN UNDANG-UNDANG NOMOR 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA DENGAN FATWA NOMOR 68/DSN-MUI/III/2008 TENTANG RAHN TASJILY

2019 ◽  
Vol 2 (2) ◽  
pp. 108
Author(s):  
Witra Yosi ◽  
Aidil Alfin ◽  
Basri Na'ali

<p><em>This article discusses the substance of fiduciary guarantees according to Law Number 42 of 1999 concerning fiduciary guarantees with the substance rahn tasjily according to fatwa Number 68 / DSN-MUI / III / 2008. In addition, it is also to find out the legal comparison between fiduciary guarantees according to Law Number 42 Year 1999 and rahn tasjily according to fatwa Number 68 / DSN-MUI / III / 2008. The method used in this research is descriptive comparative analysis. Namely by comparing the substance of fiduciary guarantees according to Law Number 42 of 1999 with rahn tasjily according to DSN Fatwa Number 68 of 2008 as well as the similarities and differences between the two. The conclusion of this research is that the substance of the fiduciary guarantee according to Law No. 42 of 1999 is an agreement in which the debtor binds his agreement to the creditor for the accounts receivable debt which makes proof of ownership of an object to be used as collateral accompanied by an interest. While the substance of rahn tasjily according to fatwa Number 68 / DSN-MUI / III / 2008, namely the rahin binding agreement to the murtahin by using the qardh agreement (accounts receivable debt) accompanied by a collateral / collateral in which the collateral remains in control (utilization) rahin and proof of ownership submitted to the murtahin and ijarah rates in exchange for the cost of maintaining proof of ownership of the collateral. The legal comparison between fiduciary guarantees according to Law Number 42 of 1999 and rahn tasjily according to fatwa Number 68 / DSN-MUI / III / 2008 has similarities in the status of the collateral, the form of the agreement, subject, termination or deletion of the agreement and the method of execution of the object be a collateral object. While the difference lies in the maintenance of objects that are used as collateral for debt, in terms of binding guarantees, in terms of cancellation or transfer of rights by one party, in terms of the transfer of ownership rights and in terms of the mechanism of practice.</em><em></em></p>

SUHUF ◽  
2017 ◽  
Vol 9 (2) ◽  
pp. 193-214
Author(s):  
Afifur Rochman Sya'rani

Most of traditional Muslim exegetes interpret Q. 4:34 in terms of maintaining the superiority of men over women. Some progressive Muslim scholars then insist a contextual approach to the verse to criticize gender inequality. Among some progressive Muslim scholars, this article comparatively examines the interpretations of Amina Wadud and Mohammed Talbi of Q. 4:34. Although both of them propose a contextual reading of the verse, they have different intellectual background, approach and method in interpreting the Qur’ān. The questions are to what extent the similarities and differences of both Wadud’s and Talbi’s interpretation of Q. 4:34 and how far their interpretations reflect their respective intention and perspective? Applying Gadamer’s hermeneutical approach, the article concludes that [1] Both Wadud and Talbi argue that the verse does not establish the superiority of men over women, but acknowledges duties division among married couple; [2] the difference among their interpretations is on the status of relationship among married couple; [3] Wadud’s and Talbi’s interpretations represent their respective hermeneutical situations and the way they define ontologically the nature of  interpretation and Qur’anic hermeneutics affect on producing the meanings of the verse.


2018 ◽  
Vol 50 ◽  
pp. 01159
Author(s):  
Anton Shamne

The article compares the Criminal Procedural Codes provisions of the Russian Federation and the Federal Republic of Germany that regulate conducting a search as an investigative act. It also provides and compares the definitions of the concept “search” and “dwelling” given in Russian and German criminal procedural legislation. The reasons for conducting the search in general and the search of dwelling are considered, similarities and differences are revealed in relation to the status of the subject who is under the search. The author characterizes the search of dwelling and gives a comparative analysis of this investigative action as well as the notion of “urgent cases” in both countries. The authors also proposed some brief recommendations for improving the norms of the Russian Federation Criminal Procedure Code.


2021 ◽  
Vol 10 (1) ◽  
pp. 67
Author(s):  
Ahmad Farhan ◽  
Deden Bagus Putra

The word infidel is mentioned 525 times in the Qur'an. The use of this word infidel has various meanings as in the QS. Ali 'Imran:151, the word infidels are those who associate partners with Allah while in QS. Luqman:12, the Qur'an calls the disbelievers those who disbelieve in the favors of Allah. The difference in the term infidel is not only limited to the verses of the Qur'an, but also applies among commentators, scholars, intellectuals, to ordinary people, including in the understanding of Indonesian society. This research is entitled "The Meaning of Kafir in the Qur'an (Comparative Study of the Interpretation of Ibn Kasir and M. Qurais Shihab)". In order to significantly answer the questions that arise; what is the meaning of infidel in the Qur'an according to Ibn Kasir in the book of Tafsir al-Qur'an al-'Azhim and M. Quraish Shihab in the book of Tafsir al-Misbah, similarities and differences in interpretation, and the relevance of their interpretation in the Indonesian context. This research is a library research that uses descriptive comparative analysis research method with a historical approach. The results of this study are: the socio-historical context, sources of interpretation, methods, and styles have a significant influence in producing differences in the interpretation of the Qur'an, especially regarding the meaning of kafir. Between Ibn Kasir and M. Quraish Shihab agreed to interpret the word infidel in the form of isim jama 'muzakkar salim (الكَافِرُوْنَ) in five (5) verses, namely QS. al-Mai'dah: 44, QS. al-A'raf: 45, QS. al-Taubah: 32, QS. al-Ankabut: 47, and QS. al-Rum: 8 with the meaning of denying and covering, but differing in explaining the interpretation of the five verses, although the difference is not that far away. The interpretations of the two figures in this thesis are very relevant to the context of Indonesia which is multi-religious and multi-cultural.


Author(s):  
T.S. Medvedeva ◽  
D.I. Medvedeva ◽  
N.A. Pronina

The article represents a comparative analysis of Russian, German and French public signs that regulate safety precautions during the coronavirus pandemic, of their both linguistic and cultural specifics. The study is based on 500 authentic public signs, collected by the continuous sampling method in Izhevsk (Russia), Lyon, Clermont-Ferrand (France), and Leipzig (Germany) in the course of 2020. As a result, similarities and differences have been revealed concerning impact strategies as well as linguistic means whereby these strategies are realized. Most similarities are revealed in the informative public signs; however, the corresponding German and French signs are marked by detailed description of safety precautions, and Russian signs often refer to decrees of the local authorities. One of the main differences is that some Russian signs contain explicit prohibitions, whereas there are no such examples among the German and French signs under study. The difference in frequency of impact strategies that influence the recipients’ emotions also takes place: polite addresses and requests, appeals to take care of one’s health, and thanks for following the instructions. The specifics of compared cultures are reflected in the texts under study: the Russian culture is relationship-oriented, emotional, and values external control, whereas both German and French cultures are information-oriented, rational, and value internal control.


Author(s):  
Z. Varnalii ◽  
T. Tomashevskyi

The article explores theoretical, methodological and applied aspects of strengthening Ukraine’s financial security in the conditions of hybrid war. The financial security is shown as one of the key elements of economic security with the state of public finances being directly related to the status of the national economy while the country’s economic welfare depends largely on the level of financial security provided to every individual, the society and the nation as a whole. To study this hypothesis, a system of general and special methods is used as a theoretical and methodological basis, namely, the dialectical method of cognition is used to evaluate the theoretical and normative principles of understanding financial security in the structure of a country’s national and economic security; methods of causal analysis are used to directly analyze the functioning of financial security in modern conditions of development of Ukraine; comparative analysis methods are used to study the similarities and differences between various elements of the state’s national security structure.


FIAT JUSTISIA ◽  
2016 ◽  
Vol 9 (1) ◽  
Author(s):  
Yesi Anggraini ◽  
Armen Yasir ◽  
Zulkarnain Ridlwan

Comparing national development planning as the state policy in the broad outlines in the period before and after the amendment of the Constitution 1945 (UUD 1945) as well as to analyze the position of national development planning guidelines were created after the amendment of the Constitution 1945. Based normative juridical approach, by examining all the rules legislation relating to the legal issues is researched concluded that the First, there are some similarities and differences in the Platform for National Development Planning in the period before and after the 1945 amendment, as for the equation is the substance of the two, whereas the difference lies in the pattern of policy-making, as well as law formulation. Second, the Status Law on National Development Planning System (SPPN) and the regulations under it is official documents which contain the cornerstone of development planning in the era of reforms as a change of planning from documents in the past.Keywords: National Development Planning System, the Constitution 1945


2018 ◽  
Vol 60 (2) ◽  
pp. 308-337 ◽  
Author(s):  
Andrew Canessa

AbstractSince Evo Morales was first elected President of Bolivia in 2005, indigeneity has moved from being a language of protest to a language of governance with concomitant profound changes in how indigeneity is imagined and mobilized. However, one of the striking features of Morales's presidency is his administration's open conflict with various indigenous groups. Although a number of scholars have addressed these issues, they have largely focused on the peculiarities of the Bolivian example in a Latin American context; this has obscured the advantage of significant comparative analysis with other areas of the world. I argue that indigeneity as it is currently practiced and understood is a recent global phenomenon and that there are more similarities between African countries and Bolivia than is generally appreciated. In particular, scholarly debates surrounding the difference between autochthony and indigeneity, and the case of Cameroon in particular, have much to offer in our understanding of the Bolivian case. To date, the primary frame for understanding indigeneity is an ethnic/cultural one and this can obscure important similarities and differences between groups. The comparative framework presented here allows for the development of analytical tools to distinguish fundamental differences and conflicts in indigenous discourses. I distinguish between five related conceptual pairs: majoritarian and minoritarian discourses; claims on the state and claims against the state; de-territorialized peoples versus territorialized peoples; hegemonic and counterhegemonic indigeneity; and substantive versus symbolic indigeneity. These nested pairs allow for analytic distinctions between indigenous rights discourses without recourse to discussions of culture and authenticity.


2019 ◽  
Author(s):  
Abdurrahman Hilabi ◽  
Ahmad Musyarraf

It is a fact that Indonesian students have difficulty learning Arabic because of the characteristics and linguistics of different Arabic and Indonesian languages, and their lack of understanding of the similarities between the two languages. The researcher sees that it is necessary to examine the similarities and differences in verbs between the two languages, and then present the way the verb teaches them to give the teacher and learner the desired result. Researchers approached an analytical descriptive approach in the achievement of this study, using comparative analysis methods, to compare between transitive verbs in Arabic and Indonesian and then the researchers divide into two categories, the first category is the equation of transitive verbs in Arabic and Indonesian, the second category is the difference between transitive verbs in Arabic and Indonesian. The study found that the difficulties experienced by Indonesian students began with the following reasons: differences in sentence composition and differences in grammatical and morphological rules.


2018 ◽  
Vol 10 (2) ◽  
pp. 319-348 ◽  
Author(s):  
Wenjuan Zhang

AbstractWhile globalization creates an ambitious space for NGOs to play a large role in policy-making and problem-solving the concern about their accountability always remains there. As the biggest developing countries, India and China have attracted lots of international aid and INGOs’ attention. Recently, both have taken serious efforts to regulate or even to control INGOs’ influence in domestic context despite the difference of their political systems. It is worthy of comparative analysis in a nuanced way on their similarities and differences of why and how to regulate. As a reflection, it is also a good moment for relevant stakeholders to re-imagine the global governance and their relevant role.


2021 ◽  
Author(s):  
Gábor Keve ◽  
János Sziebert ◽  
Dániel Koch ◽  
Enikő Anna Tamás ◽  
György Varga ◽  
...  

&lt;p&gt;According to the climate change and Water Framework Directive 2000/60/EC (WFD) the analysis od the status of waterbodies and their continuous monitoring has to be carried out based on unified methodologies and standards. Individual prescriptions have to be in harmony with national and international standards, in order to ensure equal scientific value and comparability of the data. The international standard EN ISO 748 entitled &amp;#8222;Hydrometry - Measurement of liquid flow in open channels using current-meters or floats&amp;#8221; was issued in 2008. This standard is based on the discharge measurement methods in the European Union (EU) and it differs in some aspects from the Hungarian standard (ME-10-231-16:2009). The goal of our study was to identify and answer the questions related to the introduction of this standard into Hungarian practice. The issue is crucial for the hydrometry units of Hungarian Water Directorates, as if the introduction of a new standard is not correctly substantiated the consequences can include avoidable economical burdens and/or changes in the quality of data. The research was initiated and financed by the Hungarian General Directorate of Water management and targeted at the comparative analysis of the measurement and calculation methodologies of the two standards, carried out on watercourses in Hungary. Thus we have executed a series of measurements in 31 cross-sections on 18 different watercourses in Hungary. Based on our results we can state that the difference between the results of the different methodologies generally does not exceed the uncertainties originating from the measurements themselves. Under specific circumstances (e.g. very low flow velocities) the effect of the chosen methodology can be significant.&lt;/p&gt;


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