scholarly journals AL-QAWĀID AL-FIQHIYYAH TERHADAP PERBEDAAN PENDAPAT DALAM FIQIH (KASUS HUKUMAN TINDAK PIDANA KORUPSI)

2018 ◽  
Vol 13 (1) ◽  
pp. 90
Author(s):  
Teguh Luhuringbudi ◽  
Achmad Yani
Keyword(s):  
Law Enforcement ◽  
Economic Factors ◽  
Hierarchy Of Needs ◽  
Criminal Cases ◽  
Cost System ◽  
Political Cost ◽  
The Government

This study discusses the attitude of corruption based on the perspective of al-Qawāid al-Fiqhiyyah. Corruption is a symptom of a dilemma because of its position not only as an extraordinary crime, but also as a human actualization to feel the hierarchy of needs. This requires a subjective attitude-primordialist-dogmatic in the form of Islamic views with a jurisprudential (fiqh) approach and perspective of al-Qawāid al-Fiqhiyyah in addressing the two symptoms of the dilemma. The attitude and view of al-Qawāid al-Fiqhiyyah to the punishment of corruption by methodology is done by six categories of rules (major theory) consisting of fourteen applied rules (minor theory). This paper concludes that the attitude of corruption criminal cases can be done with five things; the completion of the Highly Political Cost System, confirmation and tightening of law enforcement, alleviating the economic factors of the government apparatu,  to sharpen and culture the hedonism and consumerism, and religious moral preservation.

scholarly journals Tatangan dan Isu Strategis Gerakan Antikorupsi Terkini

Syntax Idea ◽  
2021 ◽  
Vol 3 (10) ◽  
pp. 2155
Author(s):  
Maman Budiman
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
External Factors ◽  
Economic Factors ◽  
Legal Research ◽  
Law Enforcement Agencies ◽  
Internal Factors ◽  
Strategic Issues ◽  
Strategic Issue ◽  
The Government

The challenge faced by the Indonesian nation against the anti-corruption movement is the weakening of law enforcement agencies, especially the Corruption Eradication Commission in preventing and cracking down on corruption crimes such as the composition of the commission of investigators, investigators and public prosecutors, which comes from the police and prosecutors. The purpose of this study is to examine the factors that cause corruption, examine the challenges and strategic issues faced by the Indonesian nation in the anti-corruption movement and review the efforts that must be made by the government so that the challenges and issues of the anti-corruption movement can be resolved. The research method used is normative legal research by reviewing and researching laws and regulations. The results of the analysis concluded that the acts of corruption committed were caused by several factors. There are derived from internal factors such as greedy or greedy nature, other factors are consumptive lifestyle, less powerful moral factors. While the second factor is external factors such as politics, legal factors, economic factors. These issues are a challenge and a strategic issue faced by the Indonesian nation in the anti-corruption movement. The existence of a Corruption Eradication Commission institution formed at the time of reform is considered less than optimal in terms of prevention. The Corruption Eradication Commission (KPK) was formed because conventional legal institutions are less than optimal in terms of prevention and enforcement of corruption. Efforts that must be made by the government so that the challenges and issues of the anti-corruption movement can be resolved is to declare that corruption is an enemy of the Indonesian nation.

scholarly journals Larangan Kepemilikan Tanah Pertanian Secara Absentee Dan Pertanggung Jawaban Hukum Badan Pertanahan Di Kabupaten Tulungagung

Acta Comitas ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 319
Author(s):  
I Wayan Putra Nugraha ◽  
Anak Agung Istri Ari Atu Dewi
Keyword(s):  
Law Enforcement ◽  
Land Reform ◽  
Social Life ◽  
Agricultural Land ◽  
Land Ownership ◽  
Cultural Factors ◽  
Economic Factors ◽  
Large Role ◽  
Community Awareness ◽  
The Government

Reforms have been carried out by the government through many land reform programs that regulate land ownership and legal relations between owners and land objects, so that a prosperous and productive society is created to advance the national economy and food security. One of them is the prohibition of agricultural land ownership regulated in article 10 paragraph (1) of the Basic Agrarian Law. It is expected that the owners of agricultural land will work on their own land so that productivity will be maximized, the community will be taught to work and be productive regularly and routinely. But in reality in the field in Jabalsari village Sumbergempol subdistrict Tulungagung regency there are still many people who control agricultural land absentee and interpreted the rules of ownership of agricultural land absentee not yet effective, so this research aims to find out the causes of absentee ownership of agricultural land and how a large role Tulungagung Regency National Land Agency in terms of absentee ownership of agricultural land. This research is carried out using the Empirical Juridical method namely how the law is implemented in social life. The results of research conducted in Jabalsari village Sumbergempol Sub-district Tulungagung District showed that absentee land ownership in Tulungagung District occurred due to many factors namely: community awareness factors, cultural factors, legal factors, law enforcement factors in the area, facility and infrastructure factors as well as quite a lot It was found that economic factors, and the responsibility of the National Land Agency of Tulungagung Regency still reached the supervision of certified land and improved administration of agricultural land data, this was done so that in the future it would run and orderly administration of the problem of absentee ownership of agricultural land.

scholarly journals MENGENALI BAHAN TAMBAHAN PANGAN BERBAHAYA : ULASAN

2017 ◽  
Vol 13 (1) ◽  
pp. 3-12
Author(s):  
Jatmiko Wahyudi
Keyword(s):  
Food Safety ◽  
Law Enforcement ◽  
Food Additives ◽  
Hazardous Materials ◽  
Economic Factors ◽  
Chronic Poisoning ◽  
The Government ◽  
Negative Impacts ◽  
Rhodamin B

ENGLISHSeveral studies founded the usage of hazardous materials for food additives in many parts of Indonesia. Stakeholders especially The Government already implemented policies to against the abuse of hazardous food additives like the enactment of food regulations and food safety promotions. Many factors cause many people still using and distributing hazardous food additives (e.g. economic factors, knowledge and law enforcement). This paper provides an overview of types hazardous food additives and the negative impacts of consuming the additives on health emphasizing in the most popular of hazardous food additives namely formalin, borax and rhodamine B. In general, consuming the additives causes long-term health problems like cancer. However, consuming the additives in high dosage will make the consumers experiencing chronic poisoning and even causing death. Campaigns regarding food safety followed by law enforcement are very important actions to be done to eliminate the abuse of hazardous food additives. INDONESIABeberapa studi menunjukkan banyaknya penggunaan bahan yang berbahaya dan dilarang untuk digunakan sebagai bahan tambahan pangan. Pihak terkait khususnya pemerintah telah mengimplementasikan kebijakan untuk menekan penyalahgunaan BTP antara lain dengan pemberlakuan peraturan dan sosialisasi mengenai BTP. Beberapa faktor menjadi penyebab masih maraknya penggunaan BTP berbahaya antara lain faktor ekonomi, pengetahuan dan penegakan hukum. Ulasan ini akan memaparkan mengenai jenis BTP berbahaya yang sering digunakan dan dampak yang ditimbulkan akibat mengkonsumsi BTP tersebut bagi kesehatan dengan menekankan pada 3 jenis bahan terlarang yang paling sering digunakan sebagai BTP yaitu formalin, boraks dan Rhodamin B. Secara umum, mengkonsumsi BTP berbahaya akan memberikan dampak buruk bagi kesehatan dalam jangka panjang misalnya kanker. Namun, konsumsi BTP berbahaya dengan dosis yang tinggi dapat menyebabkan efek negatif langsung pada kesehatan misalnya keracunan bahkan kematian. Sosialisasi diikuti dengan penegakan hukum perlu terus dilakukan untuk mengatasi penyalahgunaan BTP berbahaya.

KONSEP RESTORATIVE JUSTICE MELALUI MEDIASI PENAL DALAM PENYELESAIAN PERKARA PIDANA BERMOTIF RINGAN PADA MASYARAKAT ADAT KAMPUNG KUALA GASIB DI KECAMATAN KOTO GASIB KABUPATEN SIAK

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
ELMA YANTI
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Indigenous People ◽  
Criminal Case ◽  
Criminal Cases ◽  
Legal Research ◽  
Direct Participation ◽  
Criminal Offenses ◽  
Differences Of Opinion ◽  
Law Enforcement Officials

The settlement of criminal offenses with mild motives can be carried out by reasoning penal mediation called the restorative justice approach, which focuses on the direct participation of perpetrators, victims and the community. The research that use in this study is sociological legal research (social legal research). The concept of restorative justice through reasoning penal mediation in the settlement of a mildly criminal case for the indigenous people of village kuala gasib in koto gasib siak, was carried out with the intermediary of the headman. Headman as customary village heads and as government administrators have an important role in creating peace efforts in resolving disputes that occur in the community, one of which is through the settlement of criminal cases by reasoning penal mediation with the concept of restorative justice. The constraints of the concept of restorative justice through reasoning penal mediation in the settlement of mildly criminal cases for the indigenous people of village kuala gasib in koto gasib siak are: a) The absence of a special law mediation of regulation, b) Lack of facilities and infrastructure in mediating, c) Lack of mediator skills for village head to reconcile the parties to the dispute, d) There are differences of opinion among law enforcement officials about the concept of restorative justice through penal mediation

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

Recommendations of The Ombudsman’s Dilemma: Between Law Enforcement Officials and Protection of Credibility

2018 ◽  
Vol 2 ◽  
pp. 1-12
Author(s):  
Dyah Adriantini Sintha Dewi
Keyword(s):  
Law Enforcement ◽  
Public Service ◽  
Public Services ◽  
Point Of View ◽  
Law Enforcement Officials ◽  
Muslim Majority ◽  
The Republic ◽  
The Government ◽  
The One ◽  
Oversight Body

The Ombudsman as an external oversight body for official performance, in Fikih Siyasah (constitutionality in Islam) is included in the supervision stipulated in legislation (al-musahabah al-qomariyah). Supervision is done so that public service delivery to the community is in accordance with the rights of the community. This is done because in carrying out its duties, officials are very likely to conduct mal administration, which is bad public services that cause harm to the community. The Ombudsman is an institution authorized to resolve the mal administration issue, in which one of its products is by issuing a recommendation. Although Law No. 37 of 2018 on the Ombudsman of the Republic of Indonesia states that the recommendation is mandatory, theombudsman's recommendations have not been implemented. This is due to differences in point of view, ie on the one hand in the context of law enforcement, but on the other hand the implementation of the recommendation is considered as a means of opening the disgrace of officials. Recommendations are the last alternative of Ombudsman's efforts to resolve the mal administration case, given that a win-win solution is the goal, then mediation becomes the main effort. This is in accordance with the condition of the Muslim majority of Indonesian nation and prioritizes deliberation in resolving dispute. Therefore, it is necessary to educate the community and officials related to the implementation of the Ombudsman's recommendations in order to provide good public services for the community, which is the obligation of the government.

ANALISIS ABORSI DALAM PERATURAN PEMERINTAH NO. 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI

2018 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Ferry Fadzlul Rahman
Keyword(s):  
Law Enforcement ◽  
Reproductive Health ◽  
Government Regulation ◽  
Medical Emergency ◽  
Rape Victims ◽  
Negative Effects ◽  
Law Enforcement Agencies ◽  
Community Factors ◽  
Law Enforcement Officials ◽  
The Government

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form. Keywords: Abortion, , Reproductive Health

ANALISIS DEKRIMINALISASI ABORSI DALAM PERATURAN PEMERINTAH NO. 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI

2016 ◽  
Vol 2 (2) ◽  
pp. 80
Author(s):  
Ferry Fadzul Rahman
Keyword(s):  
Law Enforcement ◽  
Reproductive Health ◽  
Government Regulation ◽  
Medical Emergency ◽  
Rape Victims ◽  
Negative Effects ◽  
Law Enforcement Agencies ◽  
Community Factors ◽  
Law Enforcement Officials ◽  
The Government

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form.

scholarly journals Limiting Freedom During the Covid-19 Emergency in Italy: Short Notes on the New “Populist Rule of Law”

Global Jurist ◽  
2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Alessandro Simoni
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Media Reporting ◽  
History Of ◽  
The Government

AbstractThe implications of the severe lockdown regime introduced in Italy in the context of the Covid-19 emergency can be correctly understood only through a broader look at how the text of the provisions adopted by the government is transformed by media reporting and law enforcement practice. From such a perspective, it appears clearly that we are witnessing nothing more than the most recent segment of a populist approach to the use of legal tools, the history of which starts well before the pandemic.

Contemporary Practice of the United States Relating to International Law

1997 ◽  
Vol 91 (3) ◽  
pp. 493-517
Author(s):  
Marian Nash (Leich)
Keyword(s):  
United States ◽  
Hong Kong ◽  
Law Enforcement ◽  
International Law ◽  
The United States ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
The Government ◽  
Contemporary Practice

On March 3,1997, President William J. Clinton transmitted to the Senate for its advice and consent to ratification as a treaty the Agreement Between the Government of the United States of America and the Government of Hong Kong for the Surrender of Fugitive Offenders, signed at Hong Kong on December 20,1996. In his letter of transmittal, President Clinton pointed out that, upon its entry into force, the Agreement would “enhance cooperation between the law enforcement communities of the United States and Hong Kong, and … provide a framework and basic protections for extraditions after the reversion of Hong Kong to the sovereignty of the People’s Republic of China on July 1, 1997.” The President continued: Given the absence of an extradition treaty with the People’s Republic of China, this Treaty would provide the means to continue an extradition relationship with Hong Kong after reversion and avoid a gap in law enforcement. It will thereby make a significant contribution to international law enforcement efforts.The provisions of this Agreement follow generally the form and content of extradition treaties recently concluded by the United States. In addition, the Agreement contains several provisions specially designed in light of the particular status of Hong Kong. The Agreement’s basic protections for fugitives are also made expressly applicable to fugitives surrendered by the two parties before the new treaty enters into force.

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