scholarly journals Eksistensi Hukum Islam Di Indonesia (Analisis Kontribusi dan Pembaruan Hukum Islam Pra dan Pasca Kemerdekaan Republik Indonesia)

2018 ◽  
Vol 15 (1) ◽  
Author(s):  
Dahlia Haliah Ma'u
Keyword(s):  
Islamic Law ◽  
Common Law ◽  
Dutch Government ◽  
Positive Law ◽  
Early Arrival ◽  
Dutch Policy ◽  
The Government ◽  
Dutch Colonial ◽  
Legal Product

The implementation of Islamic law in Indonesia is closely related to the early arrival of Islam in Indonesia. It means that after the entry of Islamic into Indonesia, Islamic law has been followed and executed by the followers of Islam in archipelago. The existence of Islamic law that is lives in the society is recognized by the Dutch Colonial. The Dutch government realized that Islamic law is one of the pillars of power that can fight against on Dutch policy. On this basis, the Dutch changed their policy by stipulating that Islamic law applies if it has been adopted by common law. The struggle of Islamic law of Indonesia to change these policies to obtain that common law is not in accordance with Islamic law will not be applied or refused by Muslim. Furthermore, post-independence, the existence of Islamic law is progressing. This is marked by the enactment of legal product by the government and has become a positive law in Indonesia.

scholarly journals War of Ngali Toward Dutch Colonialism in Bima

2018 ◽  
Vol 5 (4) ◽  
pp. 128
Author(s):  
Sukarddin Sukarddin ◽  
Akhamad Ari Musaded ◽  
Suryo Ediyono
Keyword(s):  
Islamic Law ◽  
Customary Law ◽  
Dutch Government ◽  
East Indies ◽  
The People ◽  
Dutch East Indies ◽  
The Government ◽  
Dutch Colonial ◽  
Dutch Colonialism

Sultanate of Bima has been bound by government of Dutch colonial with Lange Contract agreement (long contract), occurred in 1908-1909 That the Sultanate of Bima is a very strategic area. These conditions caused the VOC and the government of Dutch to seek intervention through the Lange Contract agreement (long contract) which has led to the entry of the Sultanate of Bima in the Pax Neerlandica neighborhood. War of Ngali occurred for several reasons namely 1) Feelings of dissatisfaction with the actions of the Dutch government which impose various tax rules in the Sultanate of Bima. 2) The Sultanate of Bima as part of the Dutch East Indies sovereignty was seized by a Lange Contract agreement in 1908. 3) Customary law and Islamic law were replaced by Dutch law. 4) The head or belasting duty system is denied and punished for taxing the unbelievers. The conclusion in this study is that people of Ngali against the government of Dutch colonial because they wanted to control the entire Milky, the resistance made by people Ngalisolely to maintain the customs, religions, and independence owned by the people of Bima.

scholarly journals IMAM KAMPUANG SEBAGAI WALI HAKIM: Analisis Terhadap Putusan Pengadilan Agama Talu Nomor 502/Pdt.G/2011/PA Tentang Itsbat Nikah

2018 ◽  
Vol 3 (2) ◽  
pp. 153
Author(s):  
Abdul Alim ◽  
Edi Rosman
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Legal Guardian ◽  
Positive Law ◽  
The Government ◽  
Law And Legislation ◽  
The Guardian ◽  
The Village ◽  
Legal Product

<p><em>Marriage is a facility that Allah arranges in such a way that human biological needs are channeled and fulfilled respectfully and well. To carry out a marriage, the role of the guardian of marriage is very important because in his hand a marriage becomes legitimate, in addition to fulfilling the other pillars, including witnesses and dowry. If these pillars are not fulfilled and ignored, the marriages that are carried out are not recognized by the syarak. The decision of the Talu Religious Court by ordering a marriage without a legal guardian according to the rules of Islamic law and legislation in Indonesia certainly seems to have ignored the provisions of the fiqh and the positive law that applies in Indonesia. This is because there are no rules in fiqh and also positive laws that allow a priest to be allowed to marry someone who has no relationship with him. The appointment of the village priest as the guardian of the judge in a marriage is not based on reasons that can be justified by syarak, because in the subsection of the judge's guardian in the constellation of Islamic law and the positive law applicable in Indonesia is the government or the person authorized by the government to be the judge's guardian. In the marriage certificate request that has been granted by the panel of judges, the Religious Religious Court Number: 502 / Pdt.G / 2011 / PA has ignored important aspects in a legal product because of lack of attention to aspects of Islamic law (fiqh) that never provide opportunities to people who are not have a relationship with a woman nasab.</em></p>

scholarly journals An overview of behavioral economics in Dutch policy making. the next step: how to nudge policy makers

2016 ◽  
Vol 10 (2-3) ◽  
pp. 27-31 ◽  
Author(s):  
Natasha Els Stroeker
Keyword(s):  
Behavioral Economics ◽  
Policy Making ◽  
Behavioral Science ◽  
Dutch Government ◽  
Science Knowledge ◽  
Policy Makers ◽  
Structural Integration ◽  
Dutch Policy ◽  
The Government ◽  
The Uk

This article describes the beginning of the influence of behavioral economics on the Dutch government. This started in the period that the UK started with its Behavioral Insights Team (BIT UK). The article presents explanation of the concept “nudging” and the way this is integrated in Dutch policy. Also leading publications and examples of how behavioral economics is used in policy making are presented. The advice of the government in 2014 on how to ensure a structural integration of behavioral science knowledge in policy is part of the next step. The next step contains two main parts: 1. How to nudge policy makers and 2. Embedding nudges in policy making on four aspects: positioning, projects, performance and professionality.

scholarly journals SANKSI HUKUM TERHADAP PELAKU TALAK DI LUAR PENGADILAN AGAMA

2018 ◽  
Vol 3 (1) ◽  
pp. 58-88
Author(s):  
Muhammad Yalis Shokhib
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
Correct Choice ◽  
Deterrent Effect ◽  
Trial Court ◽  
Positive Law ◽  
Legal Sanctions ◽  
The Government ◽  
Two Sides ◽  
Research Type

Divorce out of court Religion is considered reasonable by some circles. But, actually that action is contrary to the Act No. 1 of 1974 article 39 that containing a moral message that divorce only be done in front of the Court of Session. Even in the article there is a clause of divorce mayhappen after the relevant Court attempted to reconcile the two sides. The researchers see the ambiguity based on need a new form of ijtihad gave rise to sanctions for perpetrators of Religious divorce out of court. The researcher using field research type because the research was did in the field. This research is descriptive, and the data sourceobtained from the results of interviews with academics positive law and academics Islamic law in Malang. The focus in this research are includes three ways, that are the position of the sanctions in the matter of divorce out of court Religion according to Islamic law, academics positive law view and Islamic academics law view in Malang, about divorce out of court sanction of religion. In this thesis, the researcher found the results of this research that is the sanctions law against divorce out of court Religion serves as reinforcement of laws and nas} in the Qur'an, it is as a deterrent so that doesn't happen as much divorce politico hated God. The researchers choosethe legal sanction is the correct choice to given to perpetrators of Religious divorce out of court, legal sanctions in the form of a prohibition to perform a new marriage. In addition to fine sanctions that are capable of inflicting deterrent effect to offenders of religious divorce, out of court, so that someone will do a divorce before the trial Court religion, and also obedient to the Administration that have been arrange by the government.

African Conference on Local Courts and Customary Law

1963 ◽  
Vol 1 (4) ◽  
pp. 537-539 ◽  
Author(s):  
Jacob O. Ibik
Keyword(s):  
Sierra Leone ◽  
Islamic Law ◽  
Common Law ◽  
Dar Es Salaam ◽  
Secretary General ◽  
Customary Law ◽  
African Countries ◽  
Local Courts ◽  
The Government ◽  
The University

This conference was sponsored jointly by the Government of Tanganyika and the University College, Dar es Salaam, and was financed by the Ford Foundation. It was attended by delegates from African countries, some of whose legal systems have been influenced by common law, some by European civil law or Islamic law. Official representatives came from Ethiopia, Ghana, the Ivory, Coast, Nigeria, Northern Rhodesia, Nyasaland, Sierra Leone, the Sudan, Uganda, Kenya, Tanganyika, and Zanzibar. Some celebrated authorities on Islamic law and African customary law attended as observers, and contributed a great deal to the discussions. The chairman of the conference was the Tanganyikan Minister of Justice, Sheik Amri Abedi, and the secretary general was Mr P. J. Nkambo Mugerwa of the local Faculty of Law.

scholarly journals Hukum Islam dalam Pergumulan Politik Hukum Nasional Era Reformasi

2013 ◽  
Vol 13 (2) ◽  
pp. 273
Author(s):  
M. Shohibul Itmam
Keyword(s):  
Islamic Law ◽  
Point Of View ◽  
Internal Conflict ◽  
Political Struggle ◽  
Reform Era ◽  
Positive Law ◽  
Law And Politics ◽  
Library Research ◽  
The Government ◽  
Parliamentary Support

Abstract: This paper describes the existence of Islamic Law in the plurality of national law amidst the process of the tug of political struggle of national law in reform era. This discussion is focused on the following; first, the struggle of religion, law and politics in Indonesia; second, the development of Indonesian law and politics of law in reform era; third, the opportunities and challenges of Islamic law in the middle of the plurality of national law in reform era. This paper was as a result of library research using legal normative status, historical, and sociological point of view. The result of this study was that the struggle of religion, law and politics in Indonesia was as a process of symbiosis mutualism. Every religion has the same rights in a democratic frame of Pancasila and the 1945 Constitution and the government is as its regulator. The development of law and political law of the reform era indicated that the presence of political sciencetific engineering of Dutch law had resulted in positive law in Indonesia which had not met the legal awareness of the community. In fact, the opportunities and challenges of Islamic law in the middle of the plurality of national law of reform era are formulated in three aspects. Politically, the weak parliamentary support in the National Legislation Program  PROLEGNAS) affects the existence of Islamic law. Philosophically, the internal conflict in the understanding of Islamic law sometimes marginalize Islamic law itself. And sociologically, only few values of Islamic law are absorbed in a national scale.

scholarly journals THE SETTLEMENT OF SHARIA ECONOMIC DISPUTES IN INDONESIAN ISLAMIC CLASSIC TRADITIONS AND POSITIVE LAW

2021 ◽  
Vol 6 (1) ◽  
pp. 54
Author(s):  
Adriandi Kasim
Keyword(s):  
Capital Market ◽  
Qualitative Method ◽  
Islamic Law ◽  
Rapid Development ◽  
Applicable Law ◽  
Business Transactions ◽  
Positive Law ◽  
Islamic Tradition ◽  
The Government ◽  
Settlement Of Disputes

Using a qualitative method with a sociological-normative approach, it was found that today's rapid development has caused various kinds of disputes. In this article, the author discusses sharia economic disputes and their resolution in the Islamic tradition and positive law in Indonesia to understand the problems of economic disputes and their resolution so that they can become knowledge and guidelines in conducting business transactions. The results of the discussion that the author obtained, namely sharia economic disputes, are disputes that occur in muammalah activities. This occurs in banking, non-banking, capital market, as well as the economy as a whole due to several factors such as default, tadlis, taghrir, or other things that can harm the rights of others. Settlement of disputes in Islamic law, namely sulh and tahkim. As for the applicable law in Indonesia, namely peace both by litigation and non-litigation, ADR, and arbitration includes BANI, BASYARNAS and other arbitration institutions. In this case, the authors conclude that every community that will conduct business transactions requires the principle of prudence and there have been many legal attempts by the government in resolving these disputes.

scholarly journals Hukuman Mati Bagi Koruptor Pada Saat Keadaan Tertentu (Pandemi COVID-19) Perspektif Hukum Nasional dan Hukum Islam

2021 ◽  
Vol 15 (1) ◽  
pp. 137-150
Author(s):  
Dahyul Daipon
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Death Penalty ◽  
Criminal Law ◽  
Islamic Law ◽  
Positive Law ◽  
The Government

The current condition of the Covid-19 pandemic is a time where almost everyone feels social and economic difficulties. Communities whose regions apply restrictions/quarantines are highly dependent on assistance from the government. This paper is a study and analysis of one question how the death penalty can be applied to perpetrators of corruption during the Covid-19 outbreak or pandemic. In the criminal law that applies in Indonesia, the death penalty for perpetrators of criminal acts of corruption is contained in Article 2 paragraph 2 of Law no. 31 of 1999 concerning the Eradication of Corruption Crimes. Meanwhile, in Islamic law, corruption is categorized as jarimah ta'zir. The results of this study conclude that during a pandemic, the death penalty can be applied to corruptors in accordance with the provisions of Article 2 of the Anti-Corruption Law and the provisions of Islamic criminal law as jarimah ta'zir. There are fundamental differences in the application of the death penalty for corruptors according to positive law and Islamic criminal law, especially with regard to the conditions required for the imposition of the death penalty. Even though this seems cruel according to human rights supporters, this needs to be a concern for all law enforcers so that they can carry out strict law enforcement against perpetrators of corruption crimes during the pandemic.

scholarly journals PRACTICE OF ANIMALS TRADING IN ISLAMIC LAW & POSITIVE LAW OF BIOLOGICAL RESOURCES & ITS ECOSYSTEMS

2021 ◽  
Vol 1 (2) ◽  
pp. 91
Author(s):  
As'ari Taufiqurrohman ◽  
Ong Argo Victoria ◽  
Nur Fareha Binti Mohamad Zukri
Keyword(s):  
Natural Resources ◽  
Islamic Law ◽  
Department Of Agriculture ◽  
Wildlife Crime ◽  
Positive Law ◽  
Emerging Country ◽  
Conservation Of Natural Resources ◽  
The Government ◽  
Legal Consequences ◽  
Endangered Animals

Indonesia is a country that is very rich in the diversity of its natural resources. Both in terms of flora and fauna. However, Indonesia is an emerging country for the circulation of endangered animals that have been protected by law. The Animal Market is one of the places where several protected animals are circulated. In this study, the authors found a unique incident in the practice of buying and selling endangered animals that have been protected by this law, where the practice of buying and selling rare animals is carried out in markets managed by the government, namely under the auspices of the Department of Agriculture, Fisheries and Food. The focus of this research is to find out how the practice of buying and selling endangered animals in the Animal Market and how the review of Islamic law and Act No. 5 of 1990 concerning the Conservation of Biological Natural Resources and Their Ecosystems. Through qualitative research methods and through a juridical normative approach, the researcher tries to uncover the focus of the problem above by going directly to the field to find facts which then leads to an analysis of Islamic law and Act No. 5 of 1990 concerning Conservation of Biological Natural Resources and Their Ecosystems. Data were taken through documentation, observation, and interviews. The data that has been obtained is presented in the form of a description in order to obtain conclusions. The results of the study explain that the sale and purchase of endangered animals protected under Islamic law is a sale that does not bring benefits, contains najis, does not belong to the seller wholly, causes damage to nature, and contains fraud. Meanwhile, when viewed from Act No. 5 of 1990 concerning the Conservation of Natural Resources and Their Ecosystems, the practice of buying and selling endangered animals that are protected illegally is a criminal act of wildlife crime in which the legal consequences of this crime are a maximum criminal sanction of ten years in prison and a fine of between 100 million and IDR 200 million rupiahs.

scholarly journals Criminal Act of Sexual Gratification: Fiqh Jināyah and Positive Law Perspective

Al-Ahkam ◽  
2018 ◽  
Vol 18 (1) ◽  
pp. 97
Author(s):  
Nadea Lathifah Nugraheni
Keyword(s):  
Islamic Law ◽  
Government Regulations ◽  
Sexual Gratification ◽  
Public Facilities ◽  
Positive Law ◽  
Case Comparison ◽  
The Law ◽  
The Government ◽  
Role Of The Government

<p>This paper describes the concept of sexual gratification based on positive legal views in Indonesia and <em>fiqh jināyah</em>. This type of qualitative research with the method of collecting library data is also normative in looking at and approaching cases of sexual gratification. This study uses several approaches, including case, comparison, and conceptual approaches. The government has regulated the Law Number. 31 of 1999 which has been updated by Law Number. 20 of 2001 on combating corruption. Moreover, it is stated in Article 12 B that explains matters including gratuities, such as money, goods, commissions, checks, travel tickets and other public facilities. Basically, the sanction of sexual gratification has fulfilled government regulations but has not yet been applied. Thus, it is necessary to reform the law of sexual gratification in Indonesia. The theory of Mukhtalath in Islamic law can be an alternative solution to cases of sexual gratification. The synchronicity of the role of the government and the clear rules and regulations relating to cases of sexual gratuity are urgently needed to achieve justice and legal validity.</p><p class="IABSSS" align="center">[]</p><p>Tulisan ini mendeskripsikan konsep gratifikasi seksual berdasarkan pandangan hukum positif di Indonesia dan <em>fiqh jināyah</em>. Penelitian ini berjenis kualitatif dengan metode pengumpulan data kepustakaan juga bersifat normatif dalam memandang dan melakukan pendekatan terhadap kasus gratifikasi seksual. Penelitian ini menggunakan beberapa pendekatan, diantaranya pendekatan kasus, perbandingan dan konseptual. Pemerintah telah mengatur UU Nomor. 31 Tahun 1999 yang telah diperbaharui oleh UU Nomor. 20 tahun 2001 tentang pemberantasan korupsi. Terlebih tercantum dalam pasal 12 B yang menjelaskan hal-hal yang termasuk gratifikasi, seperti, uang, barang, komisi, check, tiket perjalanan dan fasilitas umum lainya. Pada dasarnya sanksi gratifikasi seksual telah memenuhi aturan pemerintah, akan tetapi belum diaplikasikan. Dengan demikian perlu pembaharuan terhadap hukum gratifikasi seksual di Indonesia. Teori tentang Mukhtalath dalam hukum islam dapat menjadi alternatif solusi akan kasus gratifikasi seksual. sinkronisitas peran pemerintah dan jelasnya aturan perundang-undangan terkait kasus gratifikasi seksual sangat dibutuhkan demi tercapainya keadilan dan keabsahan hukum.</p>

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