scholarly journals PENERAPAN QANUN ACEH DI KOTA SUBULUSSALAM: Kajian Atas Qanun No. 12, 13 Dan 14 Tahun 2003

2019 ◽  
Author(s):  
Ali Geno Berutu
Keyword(s):  
Local Government ◽  
Islamic Law ◽  
Central Government ◽  
Field Research ◽  
Secondary Data ◽  
Research Field ◽  
Primary Data ◽  
Legislative Process ◽  
Islamic State ◽  
Political Consolidation

his Research proves that the implementation of Aceh Qanun No. 12, 13 and 14 Year 2003 on Khama r, M a i s i r , and Khalwat in Subulussalam is not completely worked well, because in addition to legal issues qanuns, most have efforts political consolidation of the central government and local government. This thesis supports and strengthens the conclusion Michail Buehrel in this article entitled “The Rise of Sharia by Laws in Indonesia District an Indication For Changing Patterns of Power Accumulation and Political Corruption ” (2008) who found the formulization of Islamic Law in the region is political consolidation instrument for exploring the local government, especially financially in building. Buehler did not even find a conservative movement in the imposition of Islamic Law in the area. This research also support M.B Hooker’s opinion in his work entitled Indonesian Syariah : Defining a National School of Islamic Law, (2008)which states that in legislative process of Islamic law in aceh. There are many obstacles and barriers , because the Sharia Law to be applied must necessarily correspond with the system national law, while the central government to add more breadth of autonomy for Aceh in the part of Islamic Law to legislate in the part of law qanuns jina>na>t . This thesis does not agree with the conclusion of Harold Crouch in his work The Recent Resurgence of Political Islam in Indonesia, “ Islam In Southeast Asi a: Analysing Recent Development” , ed. Anthony L. Smith, (Singapore: ISEAS, 2002) as saying that the barrage history of failure of Islamic parties in order to implement Islamic Law-making opportunities for the application of Islamic Law in Indonesia did not exist. Crouch’s opinion just say that the application of Islamic Law to be in the sense of establishing an Islamic State. Data obtained from field research (field research) with qualitative methods and approach the socio - legal - historical . The primary data of the document and the results wawancara and field observations. Primary data in the form of documents are: Law No. 44 In 1999, Law No. 18 of 2001, Law No. 11 In 2006, Qanun 5 In 2000, Qanun No. 12, 13, 14, 2003, Qanun 7 In 2013, Qanun 6 In 2014 and Qanun 8 Year 2014. The primary data in the form of interviews and observations sourced from: Office of Islamic Law (DSI), the Wilayatul Hisbah (WH), the Court Syar'iyah (MS), the Police, the Mufti Consultative Assembly (MPU), the Aceh Tradition Council (MAA). Secondary data in the form of: 1) the books on Islamic law, sociology and anthropology of law, the historical development of Islam in Indonesia; 2) journals and other scholarly works that examine the rules of Islamic law, the application of Islamic law, social and Community; 3) as well as other sources such relevant, scientific papers, websites, newspapers, magazines and others

scholarly journals PENERAPAN QANUN ACEH DI KOTA SUBULUSSALAM: Kajian Atas Qanun No. 12, 13 Dan 14 Tahun 2003

2019 ◽  
Author(s):  
Ali Geno Berutu
Keyword(s):  
Local Government ◽  
Islamic Law ◽  
Central Government ◽  
Field Research ◽  
Secondary Data ◽  
Research Field ◽  
Primary Data ◽  
Legislative Process ◽  
Islamic State ◽  
Political Consolidation

This Research proves that the implementation of Aceh Qanun No. 12, 13 and 14 Year 2003 on Khama r, M a i s i r , and Khalwat in Subulussalam is not completely worked well, because in addition to legal issues qanuns, most have efforts political consolidation of the central government and local government. This thesis supports and strengthens the conclusion Michail Buehrel in this article entitled “The Rise of Sharia by Laws in Indonesia District an Indication For Changing Patterns of Power Accumulation and Political Corruption ” (2008) who found the formulization of Islamic Law in the region is political consolidation instrument for exploring the local government, especially financially in building. Buehler did not even find a conservative movement in the imposition of Islamic Law in the area. This research also support M.B Hooker’s opinion in his work entitled Indonesian Syariah : Defining a National School of Islamic Law, (2008) which states that in legislative process of Islamic law in aceh. There are many obstacles and barriers , because the Sharia Law to be applied must necessarily correspond with the system national law, while the central government to add more breadth of autonomy for Aceh in the part of Islamic Law to legislate in the part of law qanuns jina>na>t . This thesis does not agree with the conclusion of Harold Crouch in his work The Recent Resurgence of Political Islam in Indonesia, “ Islam In Southeast Asi a: Analysing Recent Development” , ed. Anthony L. Smith, (Singapore: ISEAS, 2002) as saying that the barrage history of failure of Islamic parties in order to implement Islamic Law-making opportunities for the application of Islamic Law in Indonesia did not exist. Crouch’s opinion just say that the application of Islamic Law to be in the sense of establishing an Islamic State. Data obtained from field research (field research) with qualitative methods and approach the socio - legal - historical . The primary data of the document and the results wawancara and field observations. Primary data in the form of documents are: Law No. 44 In 1999, Law No. 18 of 2001, Law No. 11 In 2006, Qanun 5 In 2000, Qanun No. 12, 13, 14, 2003, Qanun 7 In 2013, Qanun 6 In 2014 and Qanun 8 Year 2014. The primary data in the form of interviews and observations sourced from: Office of Islamic Law (DSI), the Wilayatul Hisbah (WH), the Court Syar'iyah (MS), the Police, the Mufti Consultative Assembly (MPU), the Aceh Tradition Council (MAA). Secondary data in the form of: 1) the books on Islamic law, sociology and anthropology of law, the historical development of Islam in Indonesia; 2) journals and other scholarly works that examine the rules of Islamic law, the application of Islamic law, social and Community; 3) as well as other sources such relevant, scientific papers, websites, newspapers, magazines and others.

UPAH MENGUPAH PERTANIAN DALAM TINJAUAN FIQH MUAMALAH (Studi di Nagari Bukit Kandung Kecamatan X Koto Diatas Kabupaten Solok)

2021 ◽  
Vol 2 (3) ◽  
pp. 59
Author(s):  
Susanti Krismon ◽  
Syukri Iska
Keyword(s):  
Data Collection ◽  
Data Processing ◽  
Field Research ◽  
Secondary Data ◽  
Research Field ◽  
Farm Workers ◽  
Data Sources ◽  
Primary Data

This article discusses the implementation of wages in agriculture in Nagari Bukit Kandung Subdistrict X Koto Atas, Solok Regency in a review of muamalah fiqh. The type of research is field research (field research). The data sources consist of primary data sources, namely from farmers and farm laborers who were carried out to 8 people and 4 farm workers, while the secondary data were obtained from documents in the form of the Bukit Kandung Nagari Profile that were related to this research, which could provide information or data. Addition to strengthen the primary data. Data collection techniques that the author uses are observation, interviews and documentation. The data processing that the author uses is qualitative. Based on the results of this study, the implementation of wages in agriculture carried out in Nagari Bukit Kandung District X Koto Diatas Solok Regency is farm laborers who ask for their wages to be given in advance before they carry out their work without an agreement to give their wages at the beginning. Because farm laborers ask for their wages to be given at the beginning, many farm workers work not as expected by farmers and there are also farm workers who are not on time to do the work that should be done. According to the muamalah fiqh review, the implementation of wages in agriculture in Nagari Bukit Kandung is not allowed because there is an element of gharar in the contract and there are parties who are disadvantaged in the contract, namely the owner of the fields.

APPLICATION OF AKAD IJARAH ISLAMIC LAW IN THE AL-QUR'AN

ISLAMIKA ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 1-11
Author(s):  
Ade Jamarudin ◽  
Ofa Ch Pudin
Keyword(s):  
Financial Institutions ◽  
Islamic Law ◽  
Financial Institution ◽  
Field Research ◽  
Secondary Data ◽  
Research Field ◽  
Islamic Banking ◽  
Library Research ◽  
Human Labor ◽  
Leasing Company

Ijarah is a contract on the transfer of goods or services with rewards instead. Ijarah based transactions with the displacement benefit (rights to), not transfer of ownership (property rights), there ijara financing translates as buying and selling services (wages hired), that take advantage of human power, there is also a translate lease, which take advantage of goods. Application ijarah growing financial institutions in the current Shari'ah is happening on the leasing company (financial institution based on Islamic teachings, as well as Islamic banking is one of the products in Islamic finance. Application ijarah emerging financial institutions shari'ah 'ah at the moment that is happening on the leasing company (financial institution based on Islamic teachings, as well as Islamic banking is one of the Islamic financing products). This research is a library research (library research) and field research (field research), and is descriptive, analytic and comparative. Data sources used in this study are sourced from primary and secondary data. Ijarah transactions are based on the transfer of benefits (use rights), not the transfer of ownership (ownership rights), some translate ijarah financing as the sale and purchase of services (wage wages), i.e., taking the benefits of human labor

scholarly journals MAKING THE CONTENTS OF LETTERS IN THE NOTARIS IN ISLAM'S LEGAL PERSPECTIVE

2017 ◽  
Vol 4 (2) ◽  
pp. 234
Author(s):  
Tubus Tubus
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
Secondary Data ◽  
Point Of View ◽  
Primary Data ◽  
Legal Perspective ◽  
The Future ◽  
The Will ◽  
The Ideal ◽  
The Way

This paper aims to examine the making of the contents of wills examined from the point of view of Islamic law, in practice the reality in the lives of many people who have not heed the word basmallah as an incantation in the contents of the will for the followers of Islam. In this study using sociological juridical method, where the primary data obtained directly from field research, while secondary data obtained from the literature. The results obtained that the way of making the contents of the will and the absence of public legal awareness is optimal for the making of the contents of wills in accordance with Islamic law. And there are still weaknesses in the Making and Implementation of the contents of the current will, when the testament is oral, namely: The absence of the sacred intention or the noble intention of the collector must not necessarily occur; unsecured rights of the recipient, in the event of any problems of the future heirs of the pewasiat; there is a difficulty of proof in the absence of witnesses, when the will is brought before the Court. Law renewal in the making of the contents of the will in the presence of a notary in the perspective of Islamic law are: the reconstruction of its value, the Ideal Formation of the Will, the testament is done in writing witnessed by two witnesses and before the Notary. Ideal Construction Format of Testament Creation. The testament is written in the presence of two witnesses or in the form of a Deed or a Notary Deed. At the head of the will or the Deed or Notarial deed is included a sentence “Basmallah”.

scholarly journals The Tourism Development Strategies of Hinako Islands in West Nias in Increasing the Regional Original Revenue and the Local People's Welfare

2021 ◽  
Author(s):  
Liza Dwi Ratna Dewi ◽  
Nawiroh Vera ◽  
Arbi Cristional Lokananta ◽  
Doddy Wihardi ◽  
Nexen Alexandre
Keyword(s):  
Local Government ◽  
Research Question ◽  
Relevant Literature ◽  
Tourism Development ◽  
Field Research ◽  
Secondary Data ◽  
Local Communities ◽  
Development Strategies ◽  
Tourism Industry ◽  
Primary Data

West Nias Regency has an enormous potential tourist destination, namely the Hinako Islands which consists of eight beautiful small islands. Yet the limited infrastructure and capacity of human resources have become the obstacle for this potential. The purpose of this study is to provide recommendations for tourism development strategies in the Hinako Islands to increase local government revenues (PAD) and the welfare of local communities. The research question is how is the strategy of the local government in developing tourism in the Hinako Islands?. This research is a field research, qualitative analytical descriptive type. The primary data of the research were observation and in-depth interviews, also supported by secondary data in the form of documentation and relevant literature studies. This study recommends a tourism development model consisting of 3 elements, namely: 1) West Nias Regency Government as a facilitator to provide tourism facilities and infrastructure; And as a regulator to formulate and enforce tourism business rules for the benefit of the Regional Original Income (PAD) and bring prosperity to local communities. 2) Private, namely existing investors, new investors with an ecotourism pattern, and village-owned enterprises (BUM-Des) to work on the industry in the concept of tourism agromina. 3) Community, to be a friendly host for tourists by providing guarantees for tourist safety, maintaining environmental cleanliness, and providing memorable experiences for tourists. The recommended strategies include strategies for developing tourism destinations, the tourism industry, tourism marketing, and tourism institutions.

scholarly journals Peranan Kepala Desa Dalam Pelaksanaan Pembangunan Ditinjau Dari Fiqh Siyasah dan UU Desa No. 6 Tahun 2014

2020 ◽  
Vol 5 (2) ◽  
pp. 91
Author(s):  
Mirza Rahmatillah ◽  
Ridwan Nurdin
Keyword(s):  
Community Participation ◽  
Descriptive Analysis ◽  
Field Research ◽  
Secondary Data ◽  
Research Field ◽  
Primary Data ◽  
Library Research ◽  
Head Of Government ◽  
The Village

The success of developing a village cannot be separated from the role of the Village Head and the entire community. A developed village can be seen from the adequate facilities and infrastructure. The head of government has a big responsibility for the progress of his village in order to create a prosperous society. The formulation of the problem in this study is how the role of the village head in the implementation of development in Li-Eue Village and how the Siyasah Fiqh and Village Law review the role of the village head in the implementation of development in Li-Eue Village. This type of research is classified as field research (field research), which is descriptive analysis, namely research that tells and describes data sourced from primary data through interviews, observations and reports in the form of documents and secondary data by conducting library research in the form of Al- Qur'an, Hadiths, opinions of scholars, laws and regulations, documents and books and other scientific works. Based on the results of the analysis, it can be concluded that the role of the Li-Eue Village head in the implementation of development in Li-Eue Village is generally less than optimal so that it is less trustworthy or responsible for the duties as village head. Judging from the existence of several developments that have not been implemented. And less transparent and less mobilizing community participation. Review of Siyasah Fiqh and Village Law, namely leaders who are less trustworthy and less responsible.

scholarly journals The Implementation of South Sumatera Industrial Downstreaming for Rubber Products Strategic Policy with The Establishment of Tanjung Api-Api Special Economic Zone

2021 ◽  
Vol 10 (1) ◽  
pp. 1-18
Author(s):  
Sari Mutiara Aisyah ◽  
M. Yustian Yusa ◽  
Nur Aslamiah Supli ◽  
OK.Mohammad Fajar Ikhsan
Keyword(s):  
Value Chain ◽  
Central Government ◽  
Field Research ◽  
Secondary Data ◽  
Special Economic Zone ◽  
Added Value ◽  
Primary Data ◽  
Literature Study ◽  
Strategic Policy ◽  
Economic Zone

The downstreaming option to provide added value to local industries, especially developing countries in the Global Value Chain (GVC) era as a way to increase competitiveness and seizing global markets, is inevitable. This paper focus on the analysis of the developments and limitations faced in the implementation of the Strategic Policy of South Sumatra Rubber Product Downstreaming with the establishment of Tanjung Api-Api Special Economic Zone. At the regional level, the idea of developing SEZ (Special Economic Zone) aims to prepare investment institutions in improving the investment climate in Southeast Asia region and manifesting ASEAN as a single market and production base as a component of the 2015 ASEAN Economic Community. This study used an exploratory and descriptive qualitative research method, where the depth and context of the data are important. Data from this study consisted of secondary data through literature study and analysis of documents and primary data obtained from interview as well as through field research. The author concludes that the industrial downstreaming of rubber products in South Sumatra has not been maximally carried out, it was still segmented, it was not conducted linearly, both production and coordination between the central government and the locals. Tanjung Api-Api SEZ as a hub for international trade and industrialization of rubber commodities also encountered various obstacles including infrastructure (deep sea port) at this point was inadequate, certainty of fiscal incentives for companies relocating to SEZ and licensing.

scholarly journals PRAKTIK PERCERAIAN ADAT LOMBOK DI MASA PANDEMI COVID-19 DITINJAU DARI SOSIOLOGI HUKUM

2021 ◽  
Vol 21 (01) ◽  
pp. 151-164
Author(s):  
Rahmatun Ulfa
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Field Research ◽  
Secondary Data ◽  
Legal Culture ◽  
Qualitative Approach ◽  
Primary Data ◽  
Government Officials ◽  
Administrative Services ◽  
Legal Structure

This study aims to examine the reality of the practice of customary divorce in Tawun hamlet, Lombok. As well as explaining the forms of customary divorce of the Tawun Hamlet community, in terms of sociological law. This research is a type of field research using a qualitative approach. Primary data and secondary data were collected by means of observation, direct interviews and documentation. To study further, the author uses the theory of the legal system from three elements, namely legal substance, legal structure, and legal culture. The results showed that the occurrence of customary divorce in Tawun Hamlet is a common thing and is not legally disputed by the court. Government officials from elements of village heads, hamlet heads and marriage registrar officers who contribute to customary divorce who participate in administering administrative services, clearly contradict the laws and regulations regarding marriage itself. In addition, people's understanding of divorce continues to be dominated by classical Islamic law and is textual, patriarchal, making the position of women not seen as important because divorce is understood only as a male right.

scholarly journals VILLAGE FUND AS POVERTY COUNTERMEASURES IN INDONESIA: CASE STUDY OF VILLAGE EXPENDITURE IN CENTRAL JAVA

2020 ◽  
Vol 8 (3) ◽  
pp. 104-113
Author(s):  
Mailinda Eka Yuniza ◽  
Muhammad Jibril ◽  
Fajar Muhammad Nashih
Keyword(s):  
Central Government ◽  
Field Research ◽  
Secondary Data ◽  
Legal Framework ◽  
Primary Data ◽  
Poor People ◽  
Central Java ◽  
New Findings ◽  
Village Government ◽  
The Village

Purpose of the study: The objective of this study is to analyze the legal framework regarding village funds in Indonesia and analyze the budgeting of some villages in Central Java along with the relation of village funds to their development and poverty. Lastly, this paper will hand over recommendations to solve these problems. Methodology: The research method employed in this legal research is normative-empirical research, whereas the research material used includes primary and secondary data. The primary data is obtained based on field research by conducting interviews with the related respondents, while the secondary data obtained through literature studies of various sources. Main Findings: The authors found out that although with the existence of the village fund, there is still some village that is underdeveloped and there are many poor people. Applications of this study: The findings can be useful as a source to improve the effectiveness of Village Funds, whether for the Central Government or the Village Government. Novelty/Originality of this study: The new findings in this study would advance the existing knowledge in Village Funds, especially its implementation through village expenditure.

scholarly journals Analisis Potensi Ketersediaan Tanaman Bambu dan Pemasaran Kerajinan Bambu di Desa Kayubihi Kecamatan Bangli Kabupaten Bangli

2018 ◽  
pp. 405
Author(s):  
AYU RATIH PRATIWI ◽  
I NYOMAN GEDE USTRIYANA ◽  
A.A.A WULANDIRA SAWITRI DJELANTIK
Keyword(s):  
Field Research ◽  
Secondary Data ◽  
Marketing Channel ◽  
Research Field ◽  
Marketing Channels ◽  
Profit Margin ◽  
Primary Data ◽  
Library Research ◽  
Marketing Analysis ◽  
Potential Availability

The Potential Analysis Availability Of Bamboo Plants and The Marketing ofBamboos Product at Kayubihi Village, Bangli Distric, Bangli Regency. Analysis of the potential availability of bamboo plants in Kayubihi Village, BangliSubdistrict, Bangli Regency is divided into two analyzes, namely the analysis ofpotential availability and marketing analysis. Analysis of potential availability to knowthe potency of bamboo found in Kayubihi Village while for marketing seen marketingchannel, marketing margin, and profit margin with the election of three main productsproduced by Kayubihi Village. Types of data used in this study are qualitative data andquantitative data and data sources obtained from primary data and secondary data. Datacollection methods used there are three namely Library research, field research andstudy literature. The population in this study were 50 bamboo farmers who were alsobamboo craftsmen. Data analysis was done descriptively quantitative and qualitativedescriptive. The results showed that the analysis of potential availability with five typesof bamboo plants is under 200 clumps/ha which means not yet potential. Bamboo isprocessed into handicrafts and marketed for marketing the main products are sokasi,cakes basket, and coocked rice basked. Each product has three marketing channels. Themost profit margin obtained in each marketing channel is at producer level. The shortestmarketing margin in each channel because it is directly to the consumer.

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