scholarly journals LEGALITY OF “BORROW ME CREDIT” SERVICES OFFERED BY TELECOMMUNICATION COMPANIES: A SHARI’AH PERSPECTIVE

2021 ◽  
Vol 28 (2) ◽  
pp. 621-640
Author(s):  
Isa Abdur-Razaq Sarumi ◽  
Abdulraheem Abdulwahid Yusuph ◽  
Mu’az Yusuf Ahmed
Keyword(s):  
Islamic Law ◽  
Service Providers ◽  
Telecommunication Service ◽  
Legal Research ◽  
Extra Time ◽  
Secondary Sources ◽  
Telecommunication Companies ◽  
Ab Inito

Telecommunication service providers are known to provide various benefits for airtime packages. Different packages have been introduced in order to satisfy consumer needs. The nexus between service providers and consumers are guided by terms and conditions. Under Islamic law, any condition stipulated by the parties, which involves riba is rejected ab inito and renders the transaction voidable. Therefore, this article seeks to examine the Airtime Credit Service by service providers such as extra time package known as ‘borrow me credit’ in order to determine whether it is a Shariah-compliant transaction or otherwise. The study adopts doctrinal legal research by using primary and secondary sources of Islamic law such as Qur’an, Sunnah. The study also relies on textbook, journals, and service providers’ websites. The study reveals that the use of the word ‘borrow’ in the package has triggered polemical discourse among the Islamic financial jurists. The study reveals that, although the word ‘borrow’ is used, the intention of service providers is to sell the airtime on credit sale. The article clarifies the juristic discourse of the sale based on Islamic law of contract. It  recommends some clarifications on the form and structure of the sale and concludes that it is allowed for Muslims to buy airtime through the package.

scholarly journals Traffic model for the interconnection of networks and operators using MPLS-TE

2017 ◽  
Vol 26 (44) ◽  
pp. 85 ◽  
Author(s):  
Carlos Mario Restrepo ◽  
Octavio José Salcedo-Parra ◽  
Juan Manuel Sánchez-Céspedes
Keyword(s):  
Traffic Engineering ◽  
Service Providers ◽  
Global Model ◽  
Traffic Model ◽  
Telecommunication Service ◽  
Model Output ◽  
New Model ◽  
Traffic Models ◽  
Wolfram Mathematica ◽  
Study Case

In this paper, the main features of MPLS Traffic Engineering are presented to illustrate how telecommunication service providers use them to create interconnections between each other in order to offer telecom services satisfying QoS commitments. Based on previous traffic models, a new model, which deals with traffic queue balancing for different Classes of Service, and for a provider using another provider´s network is presented. The model output shows that carrying another operator’s traffic may increase delays in an undesirable manner, forcing the carrier to increase the serving rate of LSRs until Utilization is below 60 %. In order to validate the model, a number of network scenarios are implemented in the Wolfram Mathematica 10.1 Study Version, based on study case configurations of an MPLS network. The total global model is useful for future implementation of test-beds of interconnected providers under an MPLS environment.

LEGAL PROTECTION FOR ILLEGAL INDONESIAN WORKER IN MALAYSIA

2021 ◽  
Vol 1 (4) ◽  
Author(s):  
Asnu Fayakun Arohmi
Keyword(s):  
Migrant Workers ◽  
Migrant Worker ◽  
Legal Protection ◽  
Legal Research ◽  
State Budget ◽  
Indonesian Government ◽  
Secondary Sources ◽  
The Law

This research examines the legal protection provided for illegal Indonesian workers in Malaysia and the obstacles to perform it. Malaysia are the largest number compared to another country in Asia in receiving migrant workers from Indonesia. In total there are 73.178 migrant workers. A large number of Indonesian migrant workers is caused by the lack of jobs vacancy in the country, so citizens look for a job abroad. The requirements to become Indonesian migrant workers are not easy, therefore many of them went abroad illegally. Illegal Indonesian workers often get inhuman treatment. Indonesian goverment should protect every citizen, even though they are illegal workers, since they are still Indonesian citizen. This paper is based on normative-empirical legal research with the data obtained from interviews, as well as from secondary sources provided in laws governing these matters, journals or from trusted sites of internet. The results of this study show that: first, the Law No. 18 of 2017 on Protection of Migrant Worker does not differentiate the protection for illegal and legal Indonesian migrant workers. Second, there are two obstacles faced by the Indonesian government: lack of data regarding the illegal Indonesian workers and lack of state budget to handle the protection of illegal Indonesian workers.

scholarly journals THE PROVISIONS OF WATER AND GARBAGE POLLUTION IN STREET, DRAINAGE AND BUILDING ACT, 1974: A VIEW IN ISLAMIC LAW

2020 ◽  
Author(s):  
Abdul Basir Mohamad
Keyword(s):  
Water Resources ◽  
Qualitative Method ◽  
Islamic Law ◽  
Paper Analysis ◽  
Environmental Conservation ◽  
Secondary Sources ◽  
Rights And Interests

The statute relating to environmental conservation plays an important role to protect water and garbage pollution. The establishment and enforcement of the Street, Drainage and Building Act 1974 is to protect the people’s rights and interests in order to safeguard the environment from being polluted. There are a few provisions in this Act relating to water and garbage pollution and protection of water resources from any pollution. Therefore, this article will examine the provisions in relation to water and garbage pollution in the Act and then identify similar discussions in Islamic law, which deal with the protection of water and garbage pollution. A qualitative method is used to obtain data for this paper. Analysis of documents from primary and secondary sources was executed inductively, deductively and comparatively using the Act and Islamic reference sources which was then documented in a descriptive report.

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 Akibat Hukum terhadap Penggunaan Air Bawah Tanah tanpa Izin

2020 ◽  
Vol 1 (1) ◽  
pp. 181-186
Author(s):  
I Gusti Agung Gede Catra Artawan ◽  
I Nyoman Budiartha ◽  
I Nyoman Sutama
Keyword(s):  
Research Methods ◽  
Descriptive Analysis ◽  
Field Research ◽  
Soil Surface ◽  
Underground Water ◽  
Legal Research ◽  
Groundwater Exploitation ◽  
Secondary Sources ◽  
The Government ◽  
Legal Consequences

Underground water is water that is contained in a layer of soil or rock below the soil surface. This study aims to determine the government's authority in regulating groundwater permits and what are the legal consequences of violating unlicensed groundwater use. The research was conducted using empirical legal research methods, source of the data which was used are primary and secondary sources of legal materials, methods of collecting legal materials using documentation studies and field research, and analyzing legal materials using descriptive analysis methods. The results of this study indicate that the Government's authority in permitting groundwater is regulated in the Bali Governor Regulation Number 5 of 2016 concerning Groundwater Permits, particularly in Article 3 paragraph (1), it is explained that the Governor has the authority to manage groundwater in CAT in the province. In Article 3 paragraph (2), the authority of the Government (Governor) is reaffirmed, including several things, namely: granting permits for groundwater drilling; give permission to extract groundwater; grant permits for the use of groundwater; granting permits for groundwater exploitation; grant permits to groundwater drilling companies; provide guidance, supervise technical investigations and use of Groundwater. As a result of violations of the use of groundwater by violating the parties in accordance with Article 15 paragraph (1) of Law Number 11 of 1974 concerning Irrigation, it is stated that anyone who deliberately runs water and / or water sources business without permission from the Government is punishable by imprisonment. 2 (two) years and or a maximum fine of Rp. 5,000,000 (five million rupiah).

scholarly journals Fungsi Partai Politik dalam Pendidikan Politik Masyarakat

2020 ◽  
Vol 1 (1) ◽  
pp. 164-169
Author(s):  
I Gede Wijaya Kusuma ◽  
Ida Ayu Putu Widiati ◽  
Luh Putu Suryani
Keyword(s):  
Political Parties ◽  
Public Participation ◽  
Descriptive Analysis ◽  
Political Education ◽  
Legal Research ◽  
The Public ◽  
Secondary Sources ◽  
General Elections ◽  
Political Conditions ◽  
Low Levels

One of the functions of political parties in legislation is as a means of political education and socialization. Political parties are obliged to disseminate their political discourse to the public. However, in its implementation in the field, there are still political parties that have not maximized their function in providing political education to the public. This study discusses (1) What is the function of political parties in providing public political education and its influence on public participation in general elections? (2) What are the implications of political parties that do not implement public political education? This research was conducted by using normative legal research methods, primary and secondary sources of legal materials, methods of collecting legal materials using statute records and others, and analyzing legal materials using descriptive analysis methods. The results of this study indicate that according to Law No.2 of 2011, one of the functions of political parties is to provide political education as a means of education for the wider community to become Indonesian citizens who are aware of their rights and obligations in public. The importance of political education carried out by political parties to the maximum and in its actual essence will be able to have a very good impact on society, which means that people are able to become people who are aware of their obligations in giving choices to political parties or candidates who are true and sincere in terms of welfare. people. The implication of political parties that do not carry out public political education is to cause a decrease in public participation in general elections and this will also lead to apparently unhealthy political conditions and allow high abstention due to low levels of public participation.

scholarly journals Perlindungan Konsumen atas Metode Penawaran Negative Option di Indonesia

2019 ◽  
Vol 12 (2) ◽  
pp. 111
Author(s):  
Elizabeth Anastasia ◽  
Dwi Sekar Ningrum ◽  
William Marthianus ◽  
Willis Patrick Onggo
Keyword(s):  
United States ◽  
Service Provider ◽  
Service Providers ◽  
Legal Protection ◽  
The United States ◽  
Legal Research ◽  
Telecommunications Services ◽  
Financial Losses

Negative Option Method is a bidding method that requires confirmation from consumers in accepting or rejecting an offer. If the customer doesn’t provide confirmation, the business actor assumes that the consumer agrees and will be charged a fee for the offer given. The Negative Option method originating from the United States has actually developed in Indonesia, especially in the provision of telecommunications services. It is not uncommon for Telecommunications Service Providers in Indonesia to offer a particular feature that requires confirmation of rejection or cancellation from consumers via message, such as "unreg". If the consumer does not provide confirmation, the business actor will unilaterally assume that the Customer has accepted the offer, thus often resulting in the consumer experiencing financial losses due to the imposition of costs for goods and / or services without the consent of the consumer. This encourages the author to conduct legal research on consumer legal protection of the Negative Option bidding method using the normative juridical method. This legal research concludes that the Negative Option bidding method is contrary to the Minister of Communications Regulation Article 2 paragraph (3) and Article 4 paragraph (1) letter a which specifies that each Telecommunications Service Provider must obtain written and/or message approval from the Customer to activate a paid feature. If the Telecommunications Service Provider has not received approval from the Customer, then the paid feature must be stopped.

scholarly journals Analysis of Mobile Service Providers Performance Using Naive Bayes Data Mining Technique

2018 ◽  
Vol 8 (6) ◽  
pp. 5153
Author(s):  
M. A. Burhanuddin ◽  
Ronizam Ismail ◽  
Nurul Izzaimah ◽  
Ali Abdul-Jabbar Mohammed ◽  
Norzaimah Zainol
Keyword(s):  
Data Mining ◽  
Data Science ◽  
Service Providers ◽  
Telecommunication Service ◽  
Mobile Service ◽  
Business Growth ◽  
Data Mining Technique ◽  
R Language ◽  
Mining Technique ◽  
Industry Standard

Recently, the mobile service providers have been growing rapidly in Malaysia. In this paper, we propose analytical method to find best telecommunication provider by visualizing their performance among telecommunication service providers in Malaysia, i.e. TM Berhad, Celcom, Maxis, U-Mobile, etc. This paperuses data mining technique to evaluate the performanceof telecommunication service providers using their customers feedback from Twitter Inc. It demonstrates on how the system could process and then interpret the big data into a simple graph or visualization format. In addition, build a computerized tool and recommend data analytic model based on the collected result. From prepping the data for pre-processing until conducting analysis, this project is focusing on the process of data science itself where Cross Industry Standard Process for Data Mining (CRISP-DM) methodology will be used as a reference. The analysis was developed by using R language and R Studio packages. From the result, it shows that Telco 4 is the best as it received highest positive scores from the tweet data. In contrast, Telco 3 should improve their performance as having less positive feedback from their customers via tweet data. This project bring insights of how the telecommunication industries can analyze tweet data from their customers. Malaysia telecommunication industry will get the benefit by improving their customer satisfaction and business growth. Besides, it will give the awareness to the telecommunication user of updated review from other users.

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