scholarly journals THE PHENOMENON OF POLYGAMY OF CIVIL SERVANTS (PNS) IN AL MAQASHID AL SHARIA PERSPECTIVE: ANALYSIS STUDY OF GOVERNMENT REGULATION NO 45 OF 1990 IN KONAWE SOUTHEAST SULAWESI

2021 ◽  
Vol 26 (1) ◽  
pp. 75
Author(s):  
Ipandang Ipandang

This article described the constitutional prohibition for female Civil Servants (PNS) to get marry polygamically which is contained in the Government Regulation No 45 of 1990 in terms of the objectives of Islamic law (Al-Maqashid Al-Syariah). Civil servants as the subjects of this research are the civil servants in Konawe, Southeast Sulawesi. Based on the research focus, the research question was how was Al-Maqasid Al-Syariah on the implementation of Government Regulation No 45 of 1990 regarding the prohibition for female civil servants to become a second wife or more in Konawe? This research used a qualitative approach, while the data collection techniques used in-depth interviews, participatory observation, and documentation. This research found that from the perspective of Al-Maqashid Al-Syariah female civil servants in Konawe, Southeast Sulawesi including their children tend to experience disadvantages. The preservation of religion, soul, mind, property, and offspring will not be fully maintained and fulfilled. It means that the harm of a polygamous family is more significant than its benefit. Therefore, female civil servants are more likely to build polygamous families when they are forced to.

2021 ◽  
Vol 13 (2) ◽  
pp. 312-318
Author(s):  
Novita Dewi Masyithoh ◽  
Sut eki ◽  
Yuna nto ◽  
Briliyan Ernawati ◽  
Nur Hidayati

Unregistered polygamous marriage carried out by civil servants has serious implication for wives’ financial problem, social fate and loss of children’s welfare. The Marriage Law allows polygamy with very strict requirements. In the Government Regulation governing civil servant polygamy, justice is the main requirement in polygamy, because it really determines welfare in polygamy families. Based on the results of in-depth interviews and participant observation by using the constructivism paradigm and socio-legal approaches, it was found that unregistered polygamous marriages carried out by civil servants have implication for the disciplinary punishment of employees, so the polygamists got the sack. This implies their family economic problems, because there is not enough income to meet the needs of family life. Finally, neglect and divorce occur. Wives and children will be victims. Hence, it is necessary for the government to regulate particular policies for the polygamists of civil servants, to save their wives and children’s life. Firing the polygamists is not such a solution, but will instead create more complicated problems for their families.


Author(s):  
Bridget N.M Mukuka

This article is a by-product of a missiological research that examined the power of naming some congregations in the local language, through the concept of culture in the Mutima Walowa wa Makumbi1 Church popularly known as the Mutima Church of Zambia. The article examines how the founder of the Mutima Church acquired land in the name of religion in many parts of the country. Upon the death of the church founder in February 2015, some of the land has been repossessed by either his own relatives or by the Zambian government. To gain ‘ownership’ of the land, the church founder established some congregations across the country which he named under his own Bemba2 cultural worldview. Critically important is the fact that this research wasconducted in six congregations; and strongly indicates that due to lack of proper documentation, some acres of church land have been repossessed by the government and by some relatives of the church founder who donated it a couple of years ago. To make the research valid, thirty church members were interviewed. They comprised of eleven males, nine females, six male youths and four female youths. Data were collected through in-depth interviews, focus group approach, participant observation and document review. Consequently, guided by the feminist narrative methods of inquiry, the article adopts a qualitative approach to answer a key research question: How does the missional policy of the Mutima Church affect some members’ understanding of land and religion in the power of naming? The above discourse is viewed through the lenses of Michel Foucault (1978) and Elisabeth Schussler Fiorenza’s (2009) respectively.


Author(s):  
Muchimah MH

Government Regulation No. 9 of 1975 related to the implementation of marriage was made to support and maximize the implementation of Law No. 1 of 1974 which had not yet proceeded properly. This paper examines Government Regulations related to the implementation of marriage from the perspective of sociology and anthropology of Islamic law. Although the rules already exist, some people still carry out marriages without being registered. This is anthropologically the same as releasing the protection provided by the government to its people for the sake of a rule. In the sociology of Islamic law, protection is a benchmark for the assessment of society in the social environment. Therefore the purpose of this paper is to find out how the implementation of marriage according to PP. No. 9 of 1975 concerning the Marriage Law in the socio-anthropological perspective of Islamic Law.


1970 ◽  
Vol 13 (2) ◽  
Author(s):  
Nanang Susanto

Penelitian ini menguji teori Marx yang mengatakan bahwa dalam proses kapitalisasi, petani lahan kecil akan tergusur oleh petani lahan besar. Penelitian ini menggunakan pendekatan kualitatif dengan metode Participatory Action Research (PAR). Menggunakan teknik observasi partisipasi di lapangan, studi ini melakukan wawancara mendalam terhadap petani. Analisis data yang digunakan bersifat induktif. Penelitian ini menghasilkan kesimpulan, bahwa teori Marx tidak terjadi di malar Aman. Adapun penyebab menurunnya pertanian disebabkan menurunnya unsur hara tanah, mahalnya biaya produksi, alih fungsi lahan dan perubahan cuaca. Sedangkan strategi petani lahan kecil untuk mempertahankan kehidupan yaitu melakukan pola tanam tumpang sari, melakukan pekerjaan tambahan, dan mengatur keuangan.This study examines Marx's theory which says that in the process of capitalization, small land farmers will be displaced by large land farmers. This study uses a qualitative approach with the method of Participatory Action Research (PAR). Using the techniques of participatory observation in the field, the study conducted in-depth interviews on farmers. Analysis of the data used is inductive. This study led to the conclusion that Marx's theory does not happen in Aman malar. The cause of the decline of agriculture due to declining soil nutrients, the high cost of production, land use and climate change. While the strategies of small land farmers to sustain life is to do the planting patterns of intercropping, do extra work, and manage finances.


Author(s):  
Fitrotu Aini

ABSTRACTHajj as a great symbol of worship. Hajj is the fifth pillar of Islam which is mandatory for every Muslim who are able to da it in accordance with the legal requirement of pilgrimage. One of the legal conditions of Hajj is the capability, capable to cover the cost of the hajj and the family left behind. Panin Bank Dubai Sharia Bank was established based on the regulation of Limited Company No. 12 dated January 8, 1972 by Moeslim Dalidd, a notary in Malang. PT. Bank Panin Dubai Syariah Tbk has been legalized by the Financial Services Authority ("OJK"), in accordance with a copy of the policy of the Board of Commissioners of OJK No. Kep-29 / D.03 / 2016 on July 26, 2016.Therefore, through this research, the writer wants to understand: (1) how is the practice of applying alternative financial agreement of hajj and umrah after the implementation of regulation made by ministry of religious affair No. 24 year 2016 at Panin Bank Dubai Syariah Surabaya branch? (2) What is the analysis of Islamic law on the practice of multilateral contract alternative application in this Bank? Therefore, this study is aimed to, firstly, understand and describe the application of alternative contracts to hajj and umrah after the regulation of Ministry of Religious Affairs No. 24 of 2016 in Panin Bank Dubai Sharia branch Surabaya, and to describe the analysis of Sharia Economic Law about the practice of applying alternative contract in the bank.The method used in this research is qualitative method. The research data are taken in natural situation in Panin Bank Dubai Syariah Surabaya. The data are taken during operational hours using case study approach. Are done through interview technique with the main participant, Assistant Manager 1, and document, archive, book, sample of registration, as secondary data source. The data are analyzed through 3 (three) data deduction, display data and ended with conclusion and verification.The results of the study indicate that the Panin Bank Dubai Sharia runs in accordance with the government regulation No. 24 year 2016 "BPS BPIH is prohibited from providing direct and indirect Hajj money service" including Hajj and Umrah services using various financing products and funds saving, funds collecting in the form of deposits, savings or other forms, using multi-service financing akad wadi'ah, with the savings of hajj services with initial minimum deposit of Rp500,000,and according to customers’ ability. Keywords: hajj, umrah, wadi'ah.


2021 ◽  
Vol 9 (1) ◽  
pp. 187-206
Author(s):  
Ahmad Barizi ◽  
Siti Rohmah ◽  
Moh. Anas Kholish

This article aims to determine the construction of the thoughts of preachers and preachers about the urgency of preventing corruption through religious forums at the Greater Malang Government mosque. In addition, this study also aims to identify and analyze the role of spiritual forums in the Greater Malang Government mosque in preventing corruption. The approach used in this study is a qualitative approach by making in-depth interviews, observations, and documentation as data collection techniques. The results of this study indicate that the construction of preachers and preachers about the urgency of religious forums as a basis for preventing and fighting corruption in Malang Raya has strong potential as well as cultural capital to inject the awareness of the mustami', most of whom are officials. There are construction variants among the preachers and preachers at the Government Mosque of Malang Raya. The constructions in question include theological buildings, Sufism, jinayah fiqh, eschatological constructions, and qawaidul fiqhiyah. Meanwhile, the role of preventing and fighting corruption at the Baiturrohim Mosque in Malang City Hall through religious forums has been carried out. However, studies on the theme of corruption are not explicitly discussed but are tucked away in various themes of sermons and lectures. Likewise, what happened at the Baiturrahman Grand Mosque, Malang Regency, and An Nuur Mosque, Batu City, several momentums of religious forums that were used as the basis for preventing and fighting corruption were expressed in religious activities such as cults, weekly and monthly recitations, Friday sermons, and commemorations. Islamic holidays. Through religious forums, preachers play a significant role as spiritual generators to bring about social change. This effort is carried out as shock therapy for officials so that they can behave honestly and trustworthy.


2020 ◽  
Vol 2 (4) ◽  
pp. 443
Author(s):  
Muhammad Adib ◽  
Sri Kusriyah Kusriyah ◽  
Siti Rodhiyah Dwi Istinah

Government Regulation No. 53 of 2010 regarding the discipline of the Civil Servant loading obligations, prohibitions, and disciplinary action which could be taken to the Civil Servant who has been convicted of the offense, is intended to foster a Civil Servant who has committed an offense, the form of disciplinary punishment is mild, moderate, and weight. Disciplinary punishment for the Civil Servant under Government Regulation No. 53 of 2010 Concerning the Discipline of Civil Servants. The formulation of this journal issue contains about how the process of disciplinary punishment, and constraints and efforts to overcome the impact of the Civil Servant disciplinary punishment in Government of Demak regency. The approach used in this study is a sociological juridical approach or juridical empirical, that is an approach that examines secondary data first and then proceed to conduct research in the field of primary data normative. The process of giving disciplinary sanctions for State Civil Apparatus in Government of Demak regency begins with the examination conducted by the immediate supervisor referred to in the legislation governing the authority of appointment, transfer and dismissal of civil servants. The results showed that in general the process of sanctioning / disciplinary punishment of civil servants in the Government of Demak be said to be good and there have been compliance with the existing regulations / applied in Government Regulation No. 53 of 2010, although it encountered the competent authorities judge still apply tolerance against the employee, but also a positive impact among their deterrent good not to repeat the same offense or one level higher than before either the Civil Servant concerned or the other. Obstacles in carrying out disciplinary punishment in Government of Demak regency environment is still low awareness of employees to do and be disciplined in performing the tasks for instance delays incoming work, lack of regulatory discipline, lack of supervision system and any violations of employee discipline. There must be constraints to overcome need for cooperation with other stakeholders comprising Inspectorate, BKPP, and the immediate superior civil servants in this way can be mutually reinforcing mutual communication, consultation, coordination so that if later there is a problem in the future could be accounted for.Keywords: Delivery of Disciplinary Sanctions; Civil Servant; Government Regulation No. 53 of 2010.


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>


2015 ◽  
Vol 25 (2) ◽  
pp. 243-252
Author(s):  
Muhammad Adnan Bin Pitchan ◽  
Wan Amizah Wan Mahmud ◽  
Shahrul Nazmi Sannusi ◽  
Ali Salman

The Internet has become a popular medium now because it provides many benefits to users, though at the same time it also carries negative effects, especially to developing countries, such as sedition, pornography, defamation and cyber crime. Therefore, this study focuses on the control and freedom of the Internet system and the challenges faced by the government. The main focus of this paper is to see whether the government face challenges in controlling the content of the Internet. This study uses two theories, namely the theory of media development and media dependency theory as a guideline for the study. Qualitative approach such as in-depth interviews were chosen as research methodology to obtain the qualitative data. The study found that there are several challenges faced by the government in controlling the misuse of Internet, such as Internet domain registration, difficulties in identifying suspects, false registration, development of technology and content monitoring aspects.


2017 ◽  
Vol 2 (2) ◽  
pp. 132-137
Author(s):  
Yogi Surya Syahputra ◽  
Riyadi Santosa ◽  
Slamet Supriyadi

Attitude is essential issue to be considered in designing an appropriate learning for learners because it greatly affects the performance and implementation of the teaching and learning process in the classroom. One of the most important attitudes to be explored is the willingness of teachers to implement the curriculum set by the government. This study aims to determine the willingness of English teachers to carry out scientific approach and also to know the implementation of scientific approach in the learning. This research applies qualitative approach with case study design. It is conducted in SMAN 1 Situbondo with three teachers become the informants. Interview and observation are implemented to explore the willingness and the implementation of Scientific Approach. Data analysis in this research using Spradley’s method. From this research, it can be seen that the teachers has enough willingness to apply scientific approach totally. Furthermore, the implementation of scientific approach has been implemented well enough and has implemented it in accordance with government regulation.


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