scholarly journals Penolakan Peran Dokter Sebagai Eksekutor Sanksi Hukum Kebiri di Indonesia: Perspektif Filsafat Hukum Islam

2021 ◽  
pp. 58
Author(s):  
Abdul Aziz Harahap ◽  
Athoillah Islamy
Keyword(s):  
Islamic Law ◽  
Code Of Ethics ◽  
Medical Profession ◽  
Legal Philosophy ◽  
Doctor Who ◽  
Legal Research ◽  
Public Benefit ◽  
Legal Sanctions ◽  
Taking Action ◽  
Medical Competence

Behind the pro-contra polemic of imposing castration legal sanctions for criminals of pedophilia in Indonesia, doctors have a dilemma as a profession that is considered to have medical competence and is worthy of being executors. It is due to the principle of maintaining the safety of human souls and the prohibition of taking action that endangers the lives of others in the code of ethics for the medical profession. The research seeks to present the perspective of Islamic legal philosophy in analyzing the arguments in the Indonesian Doctors Association (IDI) rejection as the executor of the punishment for castration. This research is qualitative in the form of a literature review. This type of legal research is included in the category of philosophical normative Islamic law research using Islamic law principles (qawaid fiqhiyah). This research concludes that the principle of not endangering the safety of others in the medical profession is parallel to the rules of Islamic law (fiqh) which reads al-ḍararu yuzālu (fade must be eliminated). However, the provisions of the fiqh rule are not absolute. It means that under certain conditions, the act of harming someone is allowed in order to create public benefit (al-maslahat al-ammah). Therefore, a doctor who serves as executor in applying the caste penalty for pedophile offenders does not contradict the philosophy of Islamic law.

scholarly journals THE APPLICATION OF PUBLIC BENEFIT REQUIREMENT OF CHARITABLE TRUST IN WAQF COURT JUDGMENT: A REVIEW

2021 ◽  
Vol 12 (Number 2) ◽  
pp. 141-165
Author(s):  
Nur Yuhanis Ismon ◽  
Zuraidah Ali ◽  
Mohsin Hingun
Keyword(s):  
Succession Planning ◽  
Islamic Law ◽  
Wealth Distribution ◽  
Public Trust ◽  
Legal Research ◽  
English Court ◽  
Public Benefit ◽  
Legal Principle ◽  
Charitable Trust ◽  
English Law

Waqf is a form of voluntary charity and its purposes are recognised by Islamic law as religious, pious or charitable. Charitable trust is a public trust where the settlor may aim to create certain purposes. Both waqf and charitable trust share the same objective, which is for the benefit of the community at large. The objective of this article is to reveal how the requirements of “public benefit” in charitable trust are applicable to waqf cases. In determining the validity of a charitable trust, the requirement of public benefit is essential, particularly under the last three charitable purposes, namely advancement of education, advancement of religion, and other purposes beneficial to the community. Besides, the personal nexus test is applied in the case of charitable trust to ensure no personal linkage between the founder and the beneficiaries. These two elements are necessary to establish a valid charitable trust. The English court will first filter out such a case to ensure that there is no infringement of other people’s rights and exploitation of the charitable trust’s privilege. Public benefit requirement and personal test are also applicable in cases relating to waqf cases. In waqf, the Islamic law prescribes two categories, which are “Waqf Khairi” (Public waqf) and “Waqf Ahli” (Family waqf). However, family waqf is treated as “non-charitable under the influence of English law of trust” because it infringes the rule against perpetuities. The methodology used in this article is doctrinal legal research focusing on the legal principle as well as the cases of public benefit requirement, the personal nexus test, and the rule against perpetuities in charitable trust and waqf. This article found that the requirement of public benefit is applicable in public waqf, but not for family waqf. Despite that, family waqf should be maintained as it is a great channel for wealth distribution and succession planning.

scholarly journals TRACKING THE VALIDITY OF PROFESSION WAQF IN A POSITIVE LEGAL PERSPECTIVE IN INDONESIA

Al-'Adl ◽  
2020 ◽  
Vol 13 (1) ◽  
pp. 1
Author(s):  
Athoillah Islamy ◽  
Doni Setiadi
Keyword(s):  
Government Regulation ◽  
Islamic Law ◽  
Economic Value ◽  
Research Data ◽  
Research Approach ◽  
Legal Research ◽  
Public Benefit ◽  
Positive Law ◽  
General Welfare ◽  
Legal Perspective

In realizing the benefit and social justice of waqf goals, efforts to innovate the management of waqf forms in Indonesia are inevitable. This study aims to find the legality of profession waqf in the review of the Waqf Law in Indonesia on the implementation of profession waqf. This type of research is literature review. Meanwhile, the type of legal research approach in this research is normative legal research. The source of this research data in the form of a variety of literature that explains the concept of profession waqf. While the knife analysis used in this study, namely Law Number 41 of 2004, Compilation of Islamic Law (KHI) and Government Regulation Number 28 of 1977. This study concludes two big conclusions. First, profession waqf is a form of innovation of  waqf instruments aimed at increasing the benefit of waqf for public benefit. Second, the existence and purpose of profession waqf is in line with positive law in Indonesia which explains that waqf aim at the general welfare by utilizing the potential and economic value of waqf

scholarly journals Sanksi Pidana Terhadap Pelaku Pemalsuan Surat Rapid Test di Masa Pandemi Covid- 19

2021 ◽  
Vol 2 (3) ◽  
pp. 525-529
Author(s):  
I Kadek Candra Karunia Bagiarta Putra Sugiantara ◽  
I Nyoman Gede Sugiartha ◽  
Ida Ayu Putu Widiati
Keyword(s):  
Code Of Ethics ◽  
Rapid Test ◽  
Criminal Code ◽  
Legal Research ◽  
Indonesian Government ◽  
Management Fees ◽  
Statutory Law ◽  
Legal Sanctions ◽  
Materials Used ◽  
Administrative Sanctions

The outbreak of the Covid-19 virus has caused the Indonesian government to take a serious policy in tackling the spread of this virus by imposing regional restrictions. This policy has led to the falsification of the COVID-19 rapid test certificate and the collection of rapid management fees at inflated prices. The purpose of this study is to uncover the criminal act of counterfeiting a rapid test letter and the legal sanctions for counterfeiting a rapid test letter. This research is a type of normative legal research with statutory law and factual law. Sources of legal materials used in the form of primary and secondary legal materials. The technique of collecting legal materials in this research is recording and recording which is then analyzed deductively and inductively logic. The results of the study reveal that letter falsification is regulated in Articles 263 to 267 of the Criminal Code, besides that it is also regulated in Article 7 of the medical code of ethics. If the doctor is proven to have committed the falsification himself, then the liability is punishable by a maximum of 4 years and administrative sanctions.

scholarly journals IMPLEMENTASI SURAT EDARAN MAHKAMAH AGUNG NOMOR 3 TAHUN 2015 PADA PENGADILAN AGAMA SAWAHLUNTO

2020 ◽  
Vol 19 (2) ◽  
pp. 245
Author(s):  
Muhammad Farhan ◽  
Eficandra Eficandra ◽  
Roni Efendi
Keyword(s):  
Islamic Law ◽  
Family Court ◽  
Legal Philosophy ◽  
Legal Certainty ◽  
Legal Research ◽  
Limited Ability ◽  
Positive Law ◽  
The Family ◽  
Economic Needs

The urgency of this research is to examine the implementation of the Supreme of the Court Circular Number 3 2015 on the addition of livelihoods for children from 10% to 20% per year. Since the determination Supreme of the Court Circular in the Family Court of Sawahlunto, in 2018 were 7 decisions have been made, 3 to applicated and 4 doesn’t. The inequality when considering the jury leads to three fundamental questions: What is the position of Supreme of the Court Circular in the concept of the positivist legal philosophy? What are the Judges considerations to implementing and not implementing Supreme of the Court Circular? Howabout the Islamic Law perspective to Supreme of the Court Circular in terms of adding child livelihood? To answer the object of research, the implementation Supreme of the Court Circular Family Court Sawahlunto is extensively examined as sociological/ empirical legal research. The results of this research philosophically Supreme of the Court Circular is a harmonization between Islamic law and positive law, on the condition that Supreme of the Court Circular offers the jury a guarantee of legal certainty when deciding on the addition of a child. Consideration of the jury in the implementation of Supreme of the Court Circular to ensure that children's livelihoods are met in terms of economic needs that further improve and maintain descendant relationships for those who do not implement Supreme of the Court Circular due to the limited ability of their fathers. Supreme of the Court Circular’s perspective on Islamic law regarding the addition of a child at 10% to 20% per year is relevant to the problem of the Maslahah Mursalah, which is to maintain hereditary relationships.

scholarly journals Sanksi Hukum terhadap Anggota Polisi yang Melakukan Tindak Pidana Pembunuhan

2021 ◽  
Vol 2 (3) ◽  
pp. 633-638
Author(s):  
Ni Komang Ayu Sri Agustini ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Police Officers ◽  
Code Of Ethics ◽  
Secondary Data ◽  
Public Security ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Rules ◽  
Legal Sanction ◽  
Police Data ◽  
Legal Sanctions

The police are essentially government institutions and functions that are engaged in maintaining public security and order. The number of temptations causes the police to commit violations or criminal acts. This study aims to understand the legal arrangements against police officers who commit crimes and examine legal sanctions and legal rules that regulate problems in legal arrangements against police officers who commit criminal acts and forms of legal sanctions against the crime of murder. The research method uses normative legal research with a statutory and conceptual approach. Sources of legal materials consist of primary legal materials and secondary data. Data collection is done by reading the law on the police. Data analysis was carried out by case studies namely; the legal materials obtained in the research were processed and analyzed, and presented in a descriptive-analytical manner. The results of the study indicated that legal arrangements for police officers who commit murder crimes, where violations of the code of ethics have consequences, will be tried by the commission of the professional code of ethics. The legal sanction is that a police officer who commits a crime will be processed through a general court trial, undergo sanctions, and undergo a code of ethics trial with dishonorable dismissal. The imposition of disciplinary sanctions is decided in a disciplinary hearing for members of the police who violate police discipline and code of ethics

Legal Review of Medical Emergency that Happened after a Failed Abortion Attempt

2020 ◽  
Vol 4 (1) ◽  
pp. 63
Author(s):  
Elfan Winoto
Keyword(s):  
Legal Protection ◽  
Criminal Code ◽  
Professional Standards ◽  
Doctor Who ◽  
Legal Research ◽  
Criminal Offender ◽  
Standard Operating ◽  
Medical Emergencies ◽  
The Government ◽  
Legal Consequences

<p>Abortion is the fifth highest cause of maternal mortality. Legal abortions are called <em>abortus provocatus medicinalis</em> and those that are illegal are called <em>abortus provocatus criminalis</em>. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.</p><p>This legal research uses a juridical normative with a conceptual and legislative approach.</p><p>The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.</p><p>The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.</p><p> </p><p>Abortion is the fifth highest cause of maternal mortality. Legal abortions are called <em>abortus provocatus medicinalis</em> and those that are illegal are called <em>abortus provocatus criminalis</em>. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.</p><p>This legal research uses a juridical normative with a conceptual and legislative approach.</p><p>The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.</p><p>The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.</p>

COMMITTEE ON NUTRITION

PEDIATRICS ◽  
1956 ◽  
Vol 18 (3) ◽  
pp. 509-510
Author(s):  
Keyword(s):  
Code Of Ethics ◽  
Medical Profession ◽  
Consumer Good ◽  
Childhood And Adolescence ◽  
Promotional Material ◽  
Executive Board ◽  
American Academy Of Pediatrics ◽  
The Status ◽  
The Mind

THE Committee on Nutrition has been designated by the Executive Board of the American Academy of Pediatrics to serve in a consultative capacity in determining the suitability of advertisements of nutritional products in the official publications of the Academy. Understanding between industry and the medical profession will be fostered by a readily available statement of the basis upon which judgment of advertisements of nutritional products will be made. Assurance can be given that this will be applied objectively, fairly and with sympathetic understanding of the position of industry. It is hoped that thereby this statement can assume the status of a Code of Ethics and Etiquette in the promotion of products intended for maintenance of optimal nutrition or treatment of disorders of nutrition in infancy, childhood and adolescence. The Committee on Nutrition will remain receptive to counsel from all sources, and sensitive to the implications of its own statements and actions. The following principles will be continuously re-examined in the light of experience and pertinent evidence. Good Advertising Good advertising serves the interest of both merchant and consumer. Good advertising begins with a reliable product. Good advertising achieves a pleasant informative memory of the product and its usefulness in the mind of the consumer. In short, this implies an honest product, truthfully and artistically advertised. Honesty is the best cornerstone upon which to build the type of promotion that will serve the mutual interest of industry, the consumer, and the medical profession. Quality of the Product Proof of quality of the product must at all times be available to those who must evaluate promotional material. This applies to foods and to individual ingredients such as vitamins, minerals, amino acids, fatty acids, etc.

scholarly journals Analysis of Wakaf and Maqashid Syari'ah Law on the Development of Wakaf Property in Lhokseumawe City

2021 ◽  
Vol 3 (1) ◽  
pp. 224-231
Author(s):  
Yasir Nasution ◽  
Alyasa’ Abubakar ◽  
Kafrawi
Keyword(s):  
Data Collection ◽  
Islamic Law ◽  
Legal Research ◽  
Government Regulations ◽  
Theoretical Concepts ◽  
Positive Law ◽  
Islamic Jurisprudence ◽  
The Law ◽  
Research Show

The development of waqf assets in the form of adding the function of waqf is a new phenomenon in the problems of Islamic law jurisprudence even in positive law in Indonesia. In national law (positive), Indonesia has regulated this issue with the existence of laws and government regulations regarding waqf both movable and immovable waqf assets, even in its development every property in waqf must have an Deed and / or certificate. Whereas in Islamic jurisprudence, the development of waqf assets in the form of additional functions is one of the problems that can be said to be new, it needs legal conclusions and even has to be seen from various theoretical concepts such as maqashidu sharia. Therefore this research will examine the issue of developing waqf assets based on the Waqf Law and maqashid syari'ah. This research is an empirical legal research using a sociological legal approach, with data collection through documentation and interviews. The results of the research show that the development of waqf assets is permitted according to the law, but with the stipulated conditions, besides that the development of waqf assets is also permissible in Islamic jurisprudence as long as it is solely for reasons in accordance with the concept of maqasidu syari'ah and the point is to seek maslahat.  

scholarly journals Konstruksi Nalar Rechtvinding Hakim dalam Pemberian Izin Poligami yang Berkeadilan Gender dalam Putusan Pengadilan Agama Jombang No. 0899/Pdt.G/2016/PA.Jbg

AL-HUKAMA ◽  
2019 ◽  
Vol 9 (2) ◽  
pp. 496-517
Author(s):  
Abdullah Taufik ◽  
Ilham Tohari
Keyword(s):  
Content Analysis ◽  
Research Method ◽  
Islamic Law ◽  
Gender Justice ◽  
Legal Research ◽  
Analysis Techniques ◽  
Positive Law ◽  
The One ◽  
Legal Discovery ◽  
Religious Courts

The practice of polygamy in Indonesia until now has drawn criticism from some feminists who did not agree. But on the one hand, both Islamic law and positive law permit various conditions. In this case, the Religious Court (PA) becomes the last fence which becomes the determining point for a man to be able to polygamy. For this reason, researchers conducted a study of PA decisions on polygamy, namely Jombang PA Decision No. No. 0899 / Pdt.G / 2018 / PA.Jbg . The focus of the problem is (1) the value of gender justice in the decision and (2) reasoning rechtvinding(legal discovery) judge. The method used in this study is a normative-qualitative legal research method with content analysis techniques from Charles Purse. The results showed that the practice of polygamy licensing in the Religious Courts had actually gone through processes that reflected gender justice. This is reflected in the obligation of the Religious Court to summon the longest wife of the applicant for polygamy to be asked for willingness and information. The results of subsequent studies show that PA Jombang judges used hermeneutic techniques in making legal discovery efforts. Because, they not only focus on aspects of legality, but also consider the contextualization.

scholarly journals Perspektif Kode Etik Jabatan Notaris terhadap Publikasi dan Promosi Jabatan Notaris melalui Aplikasi Android

2020 ◽  
Vol 5 (1) ◽  
pp. 1
Author(s):  
Nadia Imanda
Keyword(s):  
Research Methods ◽  
Code Of Ethics ◽  
Civil Law ◽  
Supervisory Board ◽  
Electronic Media ◽  
Public Official ◽  
Android Application ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Provisions

Abstract: The era of technology brings people to the development of sophisticated computers and smartphones in which the applications of various types and purposes are. Notary as a public official appointed by the state to take care of most countries and communities in the context of civil law, has legal provisions related to what may and may not be done by a Notary. In this case, the Notary Code of Ethics of the Indonesian Notary Association (INI) states that notaries are denied publication and self-promotion of their positions through writing media as well as electronic media, but the category of advertising on publicity and self-promotion does not provide clear interpretation on android application that indicates to violate the Article 4 paragraph (3) Notary Code of Ethics. This legal research uses normative research methods using the statute approach and conceptual approaches. The use of an android application by a notary who indicates committing violation must be studied and supervised from the Notary Honorary Board and Notary Supervisory Board  so that the inteniont and the purpose of the UUJN and the Notary Code of Ethics can be realized and the office of notary as a profession cannot be dishonored.  Abstrak: Era teknologi membawa manusia pada perkembangan komputer dan smartphone canggih yang di dalamnya terdapat fasilitas aplikasi berbagai macam jenis dan tujuan. Notaris sebagai pejabat umum yang diangkat oleh negara untuk mengurusi sebagian urusan negara dan masyarakat dalam lingkup hukum perdata, memiliki ketentuan hukum terkait apa yang boleh dan tidak boleh dilakukan oleh seorang Notaris. Dalam hal ini, Kode Etik Notaris Ikatan Notaris Indonesia (I.N.I) menyatakan bahwa notaris dilarang melak         ukan publikasi dan promosi diri terhadap jabatannya melalui media tulis mau pun media elektronik, namun kategori batasan terhadap publikasi dan promosi diri dinilai kurang memberikan kejelasan hukum bahwasanya ditemukan aplikasi android yang berindikasi pelanggaran Pasal 4 ayat (3) Kode Etik Notaris. Penelitian hukum ini menggunakan metode penelitian normatif dengan pendekatan berdasarkan perundang-undangan (statute approach) dan pendekatan konsep (conceptual approach). Penggunaan aplikasi android oleh notaris yang berindikasi melakukan pelanggaran harus dilakukan pengkajian dan pengawasan dari Dewan Kehormatan Notaris dan Majelis Pengawas Notaris agar maksud dan tujuan UUJN serta Kode Etik Notaris dapat terwujud dan tidak mencederai jabatan notaris sebagai profesi yang mulia. 

Sign in / Sign up

Export Citation Format

Share Document