scholarly journals COLLECTION OF ZAKAT FOR CIVIL STATE EMPLOYEES ACCORDING TO ISLAMIC LAW AND LAW

2020 ◽  
Vol 2 (2) ◽  
pp. 114-124
Author(s):  
Nurhadi Nurhadi

The history sheet reveals the development of formal legal amil zakat in Indonesia in 1968 the ratification of Minister of Religion Regulation (PMA) Number 4 of 1968 concerning the Establishment of the Amil Zakat Agency (BAZ) and PMA Number 5 of 1968 concerning the Establishment of Baitul Maal (PBM). Precisely on December 12, 1989 was issued the Instruction of the Minister of Religion (Inpres) 16/1989 concerning the Development of Zakat, Infaq and Shadaqah (PZIS). Then in 1998-1999 and 2001-2003 BAZNAS was formed with the Presidential Decree so that in 2011 the rule of zakat processing emerged namely Law Number 23 of 2011. Through this formal law the author will examine the terminology of amil zakat according to Islamic Law and Law. Amil zakat is a person who is involved or actively participates in zakat activities, starting from collecting zakat from muzaki to distributing it to mustahiq. Legal arrangements in Indonesia relating to the competence of amil zakat are very important in neglecting zakat funds and channeling them to mustahiq, but must be supported by the authorities. Islamic law considers the competence of amil zakat to be very urgent, with accountable amil. While the government is very competent in increasing Baznas income annually, supported also by the fatwa of the Indonesian Ulema Council (MUI) regarding the government's obligation to cut salaries for civil servants / ASNs to be more effective in raising zakat funds and Baznas will be more maximal in alleviating poverty and welfare of society and ummah as extension of the government to the welfare of the people.

2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz

Fines are sanctions or punishments that are applied in the form of the obligation to pay a sum of money imposed on the denial of a number of agreements previously agreed upon. There is debate over the status of fines in Islamic law. Some argue that fines may not be used, and some argue that they may be used. In the context of fines for delays in payment of taxes, in fiqh law it can be analogous to ta'zir bi al-tamlīk (punishment for ownership). This can be justified if the tax obligations have met the requirements. Whereas according to Islamic teachings, fines can be categorized as acts in order to obey government orders as taught in the hadith, and in order to contribute to the realization of mutual benefit in the life of the state. As for the amount of the fine, the government cannot arbitrarily determine fines that are too large to burden the people. Penalties are applied as a message of reprimand and as a means to cover the lack of the state budget.


2021 ◽  
Vol 7 (3) ◽  
pp. 1313
Author(s):  
Khairuddin Khairuddin

<div class="translate-tooltip-mtz hidden"><div class="header"><div class="header-controls"><em>The people of Gunung Meriah still find many addictions to drinks that can be intoxicating, such as drinking tuak. Therefore, this study aims to find out how the supervision of the government and the community in minimizing wine drinkers and sellers in Gunung Meriah District and Islamic views on the law of drinking tuak, as well as how to sanction those who drink it. To complete this research, the writer uses qualitative research. The techniques used in data collection are observation and in-depth interviews with informants. The result of the research shows that some of the people of Gunung Meriah like to drink tuak, both from officials and ordinary people. 25% of Mount Meriah people are addicted to this tuak drink, it is drunk on certain occasions such as parties or other days. The government does not pay much attention to the problem of tuak drinks, which can be seen from the lack of cases of drinkers and sellers of wine being appointed and given appropriate punishments, only a few people have reached the stage of punishment. Likewise, the community does not interfere too much in dealing with the problem of tuak drinkers and sellers, even though this problem is very serious. Drinking tuak, in the perspective of Islamic law, is a drink that is prohibited because it is intoxicating.</em></div></div><div class="controls"> </div></div>


2013 ◽  
Vol 23 (2) ◽  
pp. 222-236
Author(s):  
Maizatul Haizan Mahbob ◽  
Wan Idros Wan Sulaiman ◽  
Samsudin A. Rahim ◽  
Wan Azreena Wan Jaafar ◽  
Wan Sharazad Wan Sulaiman

Innovation is a key factor to bring about change. The government should formulate policies that are innovative to bring change to the nation. A government that enhances transformation, is a dynamic and progressive government. The Government Transformation Programme (GTP) in Malaysia, that is implemented in three phases started in 2010, is studied to examine how the programme is being accepted by the people. GTP is a programme that has never been implemented before. This programme emphasises more on performance and results of civil servants rather than budget spending. It also emphasises more accurately on planning. The aim is to produce high levels of accuracy and accountability of public employees and to provide rapid results in a short time as desired by the people. The 2011 GTP report showed that more than three million people have been positively impacted by this programme although it has only been implemented for two years. However, empirical studies found that people did not really feel the impact of the GTP programme. Although this programme was advocated through electronic and on-line media, many people still do not understand what is exactly the GTP and what are to be achieved through this programme.


Author(s):  
Sukarddin Sukarddin ◽  
Akhamad Ari Musaded ◽  
Suryo Ediyono

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.


Society ◽  
2020 ◽  
Vol 8 (1) ◽  
pp. 249-263
Author(s):  
Salma Salma ◽  
Robi Revianda ◽  
Taufik Hidayat

In Islamic law, khamr is a common type of alcoholic beverage that is forbidden for consumption due to its elements that can intoxicate and lead to loss of self-control. The government of Indonesia also forbids people from consuming the intoxicating beverage in certain levels. Nevertheless, a community group in Batu Payuang Halaban, Lima Puluh Kota Regency, West Sumatra Province, Indonesia, wherein their daily lives can be found a type of traditional beverage as same as khamr that is a fermented juice of sugar palm bunches. The people call it “tuak”. This research aims to investigate how the people of Nagari Batu Payuang produce aia niro and tuak, their motives for buying, selling, and consuming the drink, and judging it from the perspective of Islamic law (hadd al-syurb). This type of research is field research with a qualitative approach. Data sources consisted of primary and secondary. The data collection was conducted by observing the process of producing aia niro, tuak, and the transaction, and in-depth interviews with owners of sugar palm plantation, tuak producers, buyers, sellers, consumers, and local ulama (Islamic scholars). The data were analyzed in descriptive by reduction, display, and verification. To examine this research, the theory used was the concept of hadd al-syurb in Islamic law and the regulation on alcoholic beverages in Indonesia. The results show that aia niro is produced by extracting the bunches of male sugar palm and it is the raw material to produce tuak by leaving the aia niro in jerry cans and adding agarwood bark for 3 days. The sellers have various reasons to sell tuak and its raw materials. Besides the price is higher than brown sugar, it is also motivated by personal and other economic reasons as well as easier processing. People who drink tuak realize that it is intoxicating in a certain amount but they drink it to warm their bodies and relieve their fatigues. In the concept of hadd al-syurb, consuming tuak as an intoxicating substance is haram (forbidden) and is condemned to those who drink it. However, they who trade it are not punished by hudud since the Sunna proposition only refers to the transaction as an act of curse.


2021 ◽  
Vol 23 (5) ◽  
pp. 6-25
Author(s):  
SERGEY PCHELINTSEV ◽  
◽  
NATALIA ISAEVA ◽  

The article analyzes the proposals of the draft law of the Government of the Russian Federation aimed at optimizing the structure of monetary compensation and social guarantees for civil servants. This law should embody the provisions and the main directions for the development of the civil service designated by the Presidential Decree. The authors consider the range of grounds influencing the formation and optimization of the amount of monetary compensation for civil servants, as well as some other circumstances such as, for example, the specifics of civil service. The authors cite an extensive foreign practice of determining the monetary compensation for civil servants and believe that some of them can be applied in Russian practice as well. It is noted that well-organized social support for civil servants increases the number of highly professional managers who can effectively pursue state policy and increase the prestige of the civil service.


Public Law ◽  
2018 ◽  
Author(s):  
John Stanton ◽  
Craig Prescott

This chapter examines the structure and role of central government, with the latter part focusing on the key constitutional requirement that the government is accountable to the people through Parliament, reflecting the democratic nature of the constitution. The phrase ‘central government’ refers to the Prime Minister, Cabinet, ministers, government departments, and civil servants. Informally, these parts of central government are often referred to as ‘Whitehall’, reflecting how most government departments and the Prime Minister are based around that area of central London close to Westminster. A more constitutionally appropriate phrase is the ‘executive’. However, this term can also be taken to mean other elements which include the governments of Scotland, Northern Ireland, and Wales, as well as local government and organisations such as the police.


2019 ◽  
Vol 1 (1) ◽  
pp. 1-16
Author(s):  
Khoiruddin Nasution

One reason why the Marriage Law (UUP) is not obeyed is related to the status of compliance. According to the majority of Muslims, the status of obeying the contents of the UUP is related to and is a matter of the State, not related to the legality of religion, not related to the validity of marriage. Instead Muhammad 'Abduh is a thinker who believes that obeying the UUP is part of an obedient obligation to the government (uli al-amr), the same status as being obliged to obey Allah and His messengers, as required in al-Nisa' (4): 59 and 83. Thus, obeying the UUP is part of implementing compliance with the government. So obeying UUP is an obligation for every Muslim. Likewise, the UUP as a decision of people's representatives is an expression of the agreement of all the people. The people are represented by people who are elected by the people (people's representatives), because to gather all the people, at present, is impossible. So the decision of the people's representatives is positioned as the decision of all the people. The decision of the people's representatives for now becomes ijmâ ‘, the third source of Islamic law after the Qur'an and the Sunnah of the Prophet Muhammad SAW. The final basis stipulates the obligation to obey the Marriage Law, compared to fiqh, fatwa, interpretation, and jurisprudence, as a product of Islamic legal thinking, the UUP occupies the most authoritative and comprehensive position, because the UUP is the result of the minds of many scholars and expertise. This paper tries to explain the concept of ‘Abduh.


2021 ◽  
Vol 6 (1) ◽  
pp. 134-146
Author(s):  
Dewi Masyitha

Mixed marriage has become a common thing nowadays, but the arrangement in Indonesia is still limited. Even until now there has been no regulation regarding mixed marriages between Civil Servants and Foreign Citizens, even though their status as Civil Servants has various special consequences. Thus, there is a need for a special arrangement to accommodate the rights and obligations of perpetrators of mixed marriages between civil servants and foreign citizens. This type of research uses a normative juridical approach. Based on this research, it can be concluded that the urgency of establishing a regulation on mixed marriage between civil servants and foreigners is needed as a guide for civil servants in fulfilling their rights and obligations and their implementation needs to be outlined in the revision of PP. 10 of 1983 and PP. 7 of 1977.  


2021 ◽  
pp. 1263
Author(s):  
Stephanie PD ◽  
Enjelina S ◽  
Angelica MF ◽  
Imelda Martinelli

The World Health Organization (WHO) defines the 2019-nCoV type of corona virus as a pandemic of a new type of disease spread throughout the world, this is not only a public health case, but will touch every sector. The COVID-19 (cov-19) pandemic has resulted in an emergency for the healthy condition of the Indonesian people, so President Joko Widodo has issued Presidential Decree No. 11/2020. In "procuring vaccines and implementing vaccinations for the prevention of the COVID-19 pandemic" President Joko Widodo stipulates Presidential Decree No. 14/2021. In choosing health facilities and infrastructure independently & responsibly, every human being has the right to choose according to his wishes, due to the pandemic conditions that concern the interests of the people and the state, so giving vaccinations is actually voluntary because emergency conditions can be forced. Although there is already a legal umbrella for Law No. 4/1984: "Infectious Disease Outbreaks" and Law No. 6/2018: "Health Quarantine", many in the field agree and vice versa on the implementation of vaccination in the community. The purpose of the study is to understand the nature of the administration of the corona vaccine according to the laws and regulations adopted and the factors that occur in society. Using a normative method with a qualitative approach. Giving vaccines to the community is forced. limited availability of vaccines; there are those who support there are those who are antipathy from the community regarding the implementation of vaccination; uneven distribution. The reason for the community's refusal to receive the Covid-19 vaccine is due to different trusts, this is supported by the lack of communication channels as well as the delivery of information that is not well targeted, the data on the type of vaccine is limited in information, the availability of the Covid-19 vaccine, as well as safe conditions. The government should fully support the Nusantara vaccine and the Merah Putih vaccine developed by Indonesian researchers. World Health Organizatioan (WHO) mendefinisikan Virus corona jenis Virus 2019-nCoV sebagai pandemi jenis penyebaran penyakit baru keseluruh dunia, hal ini bukan hanya kasus kesehatan masyarakat, tapi akan menyentuh setiap sektor. Pandemi covid-19(cov-19) mengakibatkan kedaruratan kondisi sehat khalayak Indonesia, sehingga Presiden Joko Widodo menetapkan KeppresNo.11/2020. Dalam “pengadaan vaksin dan pelaksanaan vaksinasi untuk penanggulangan pandemi covid-19” Presiden Joko widodo menetapkan Perpres No.14/2021. Dalam memilih sarana juga prasarana kesehatan secara mandiri & bertangggungjawab tiap manusia punya hak memilih sesuai dengan keinginannya, berhubung kondisi pandemi yang menyangkut kepentingan rakyat dan negara lebih diutamakan, jadi pemberian vaksinasi yang sebenaranya bersifat volunteer karena kondisi darurat bisa bersifat dipaksakan. Meskipun sudah ada payung hukum UU No.4/1984:”Wabah Penyakit Menular” serta UU No.6/2018:“Kekarantinaan Kesehatan”, tapi dilapangan banyak yang setuju dan sebaliknya pada pelaksanaan vaksinasi dimasyarakat. Tujuan penelitian untuk memahami sifat dari pemberian vaksin corona menurut peraturan perundangan yang dianut dan faktor- faktor yang terjadi di masyarakat.  Memakai metode normatif dengan pendekatan kualitatif. Pemberian vaksin kepada masyarakat bersifat memaksa. keterbatasan ketersedian vaksin; ada yang mendukung ada yang antipati dari masyarakat terkait pelaksanaan vaksinasi; penyaluran yang tidak merata. Alasan penolakan masyarakat dalam menerima vaksin Covid-19 dikarenakan adanya trust yang berbeda,  hal ini didukung kurangnya alur komunikasi juga cara penyampaian informasi yang kurang tepat sasaran, data jenis vaksin terbatas informasinya, ketersediaan vaksinCov-19, juga syarat aman. Pemerintah selayaknya mendukung penuh vaksin Nusantara dan vaksin Merah Putih  yang dikembangkan para peneliti Indonesia.


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