scholarly journals Pengaturan Memperoleh Kembali Status Warga Negara Indonesia Bagi ISIS Eks WNI Ditinjau Dari Peraturan Pemerintah Nomor 2 Tahun 2007 dan Konsep Maslahah Mursalah

2020 ◽  
Vol 7 (1) ◽  
pp. 58-68
Author(s):  
Saiful Bari

This research is motivated by the loss of Indonesian citizenship status experienced by Indonesian citizens who are members of ISIS combatants. This is in line with of Article 23 letter e in Law No. 12 of 2006. The purpose of this study is to analyze the arrangements to regain the status of Indonesian citizens. This type of research is normative law. This study uses a law approach and the concept of the problem maslahah. The main material data of this study are from perimer legal material and secondary legal material. The results of this study conclude that first, in the perspective of the Citizenship Law and its implementing regulations, ex-ISIS former citizens are not eligible to regain Indonesian citizenship status as regulated by Article 9 of Law No. 12 of 2006 and Article 2 to Article 12 of PP No. 2 of 2007. Second, in the perspective of the problem maslahah, the Citizenship Act and its implementing regulations do not conflict with the sources and the propositions of Islamic law. Therefore, maintaining the sovereignty of the Unitary State of the Republic of Indonesia and the interests of the people by not giving them RI citizenship status is a beneficial act.

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.


2020 ◽  
Vol 07 (01) ◽  
pp. 1-18
Author(s):  
Helza Lita

Economic justice is one of the objectives of the implementation of Islamic economic system. Waqf is one of the instruments of Islamic economics. It is interesting to study the implementation of economic justice through waqf and how its regulation in Indonesia. This article employed normative juridical method. Based on the Article 22 of the Law Number 41 of 2004 on Waqf, the purpose of waqf is not solely for the purpose of ritual. It can also be used to realize economic prosperity. Based on these provisions, waqf can be managed for the economic empowerment of the people. This is related to the efforts of the improvement of the economic welfare of the people, especially for the weak economic class. According to Islamic teachings, distributive justice is economic justice based on the Holy Quran, Chapter al-Hasyr (59): 7. Waqf has the potential to create the economic balance of society. Because the principle of ownership, according to Islam, regulates that individuals or certain community members are not the only party who control the management of assets. The weak economic class also have the right. It is to avoid economic inequality. Thus, waqf is a solution to actualize economic justice in order to realize public welfare, which is one of Indonesia’s national goals as stated in the Preamble of the 1945 Constitution of the Republic of Indonesia.


Author(s):  
M Usman

This paper aims to elaborate the dynamics of Islamic law assimilation with local culture. With the hope that in the future it will form a basic perspective in shaping the philanthropy of contemporary Islamic law based on the reality of Indonesian society. The basic questions which is going to be answered through this paper are, first, the extent of the adaptability of Islamic law in the midst of multicultural society conditions in Indonesia. Second, what are juridical, normative and sociological arguments in placing zakat as a support for the integrity of the Unitary State Republic of Indonesia. Third, How is the Formulation of the Concept of Zakat within the frame of Unitary State Republic of Indonesia? The conclusion from this study shows that, first, the characteristics of Islamic law indicate the ability of adaptability to the culture of the society in which it is accepted. Even in this case Islam has provided important principles regarding rational development in efforts to adapt to its new environment. Second, placing zakat as a support for the integrity of the Unitary State Republic of Indonesia is worth to be formulated. This is a logical consequence of the efforts of the Islamic ummah to always place al-Qur'an and al-Sunnah as limited texts. One of the most fundamental results of Indonesian social culture is the realization of the Unitary State of the Republic of Indonesia. Making the formulation of zakat in the frame of the Unitary State Republic of Indonesia is a clear proof that Islamic law contains universal values that are valid in any time and any place. Third, the methodological formulation of zakat in the frame of Unitary State of the Republic of Indonesia is in a dynamic and accommodating ijtihad towards change. This methodological framework is based on al-Mashlahah, ‘Urf, Sad Dzaria'ah and dialectics between Gama and the State.


2021 ◽  
Vol 16 (1) ◽  
pp. 152-182
Author(s):  
Ahmad Arif Masdar Hilmy ◽  
Ria Cahyaning Utami

The determination of the dowry in the marriage of the people of Karangsono Village was originally based on the rules of Islamic law, namely by using the principles of convenience, lightness, and simplicity. However, people's lives that are never stagnant make them always interact with each other, thus forming a new concept of dowry determination in the community. The purpose of this article is to determine the description and implementation of the concept of the dowry class in the community marriage of Karangsono Village and to review it using the perspective of the social construction theory. This field research used a qualitative descriptive method and data analysis used Berger and Luckmann's social construction theory. Data were collected through document study, interviews, and observations. This research resulted in conclusions: (1) The concept of the dowry class in the community marriage of Karangsono Village is based on the classification of the prospective bride, which is seen from the status of a virgin or widow, her beauty, and age. The higher the quality of the woman, the higher the dowry she can get, (2) The determination of the dowry in Karangsono Village has undergone a social construction based on three simultaneous processes. The externalization process is illustrated through adaptation to religious texts and life being experienced. The process of objectivation here gives birth to new meanings, which are manifested in the actions of the wider community so that they become objective facts. The process of internalization is illustrated by the affirmation in the consciousness experienced subjectively.(Penentuan mahar dalam perkawinan masyarakat Desa Karangsono mulanya didasarkan pada aturan hukum Islam, yakni dengan menggunakan asas kemudahan, keringanan dan kesederhanaan. Namun kehidupan masyarakat yang tidak pernah stagnan, membuat mereka selalu berinteraksi satu sama lain, Tujuan artikel ini ialah untuk mengetahui deskripsi dan implementasi konsep kelas mahar dalam perkawinan masyarakat Desa Karangsono, serta ditinjau menggunakan perspektif teori konstruksi sosial. Penelitian lapangan ini menggunakan metode deskriptif kualitatif dan analisis datanya menggunakan teori konstruksi sosial Berger dan Luckmann. Pengambilan data dilakukan melalui studi dokumen, wawancara dan observasi. Penelitian ini menghasilkan beberapa kesimpulan: (1) Konsep kelas mahar dalam perkawinan masyarakat Desa Karangsono ialah berdasarkan klasifikasi yang dimiliki calon pengantin perempuan, yakni dilihat dari status perawan atau janda, paras kecantikan dan usianya. Semakin tinggi kualitas yang dimiliki perempuan, maka semakin tinggi pula mahar yang bisa didapatkannya, (2) Penentuan mahar di Desa Karangsono telah mengalami konstruksi sosial berdasarkan tiga proses simultan. Proses eksternalisasi tergambar melalui adaptasi dengan teks-teks keagamaan dan kehidupan yang sedang dialami. Proses objektivasi disini melahirkan pemaknaan baru, yang termanifestasikan ke dalam tindakan-tindakan masyarakat luas sehingga menjadi kenyataan objektif dan biasa dilakukan dalam kehidupan sehari-hari. Proses internalisasi tergambar oleh penegasan dalam kesadaran yang dialami secara subjektif dan pentransferan akan pengetahuan tentang makna-makna objektif)


2015 ◽  
Vol 10 (1) ◽  
pp. 41-70
Author(s):  
Khamami Zada

The application of Islamic rules in Aceh and Kelantan is also related to the political power. There is a significant difference about political treatment on the application of Islamic law in Aceh and Kelantan. In Aceh, the central government (Indonesia) thinks that it is needed to apply jinâyah law in Aceh as a strategy to solve conflicts. This political rule has been applied in the republic of Indonesia since the leadership of Habibie, Abdurrahman Wahid, Megawati Soekarno Putri to Susilo Bambang Yudhoyono. The main factor that influences the Indonesian political government rule is the central conflict with the Acehnese in the leadership of Soeharto presidential to the Helsinski Agreement 2005. Some vertical conflicts happened between the central government and the Acehnese were solved by giving special autonomy in applying the Islamic rules. Not only family law and economic law which are given autonomy to be applied in Aceh, but also the autonomy to apply jinâyah Law. In Kelantan, Federal government (Malaysia) did not have political wish to apply Jinayah Law in Kelantan since the leadership of Mahathir Muhammad, Abdullah Badawi to Najib Razak. Moreover the federal government made the issue of the application of jinâyah law as the political commodity to get the political sympathy from the people, who are the partner of non Moslem voters in the national ranks and some Moslem voters who are not affiliated with PAS. This political needs factor is kept by the Federal Government to respond the Kelantan’s government wish to apply Islamic rules.Copyright (c) 2015 by Al-Ihkam. All right reserved DOI : 10.19105/al-ihkam.v10i1.588 


2020 ◽  
Vol 21 (2) ◽  
pp. 1-18
Author(s):  
Serpil Durğun

Kant, who is one of the contractarian theorists in political philosophy, positions the person who has the right to vote and participates in the legislative process as a citizen. This positioning is directly related to Kant's attribution of citizenship to the independence precondition. For Kant, independence means that a person possesses a certain amount of ownership which enables him to sustain his life on his own. The person who owns a certain quantity of property is the master of himself as he will not receive orders from the others and will not need the protection of others. Positioning an independent person as an active citizen with political rights, Kant considers persons who are non-owners as passive citizens because they cannot meet the prerequisite for independence. Passive citizens who are deprived of all political rights are merely citizens of the state. According to Kant's argument, women can never move up to the active citizenship status, although the republic has cleared the way for the possibility that every member of the republic could eventually move up to the active citizenship status. The status of being man of property, which is a prerequisite for the independence criterion, loses all its functions when women are in question. Even if a woman is a property owner, this is still considered insufficient for the independence criterion. Kant bases this idea of him on the assumption of women's nature and the prenuptial agreement.  


2019 ◽  
Vol 4 (2) ◽  
pp. 20-32
Author(s):  
Qurrotul Uyun

Designation (naturalization) includes giving Indonesian citizenship status of one or a number of people from foreign nationals, or gives the status as a citizen of Indonesia or the number of people who do not have citizenship (stateless) .According to the laws of the Republic of Indonesia citizens who have dual citizenship must choose one of these citizenship so until he has only one nationality. For Indonesian citizens are treated when these approvals to those Indonesian nationals, according to Indonesian citizenship legislation that called "gain" or "select" nationality of the Republic of Indonesia will be replaced with Indonesian nationality, and which are called "retained" Dutch nationality or nationality of foreign countries or "reject" Indonesian nationality. So goes the Indonesian nationality, if it has lost the nationality Indonesia automatically all matters concerned with the rights and obligations of citizens or her country also erased or lost. The problem that will be discussed are: Does the right of repudiation in the process of selecting citizenship status lead to legal consequences for those concerned? Does repudiation rights used in the process of selecting citizenship status in Indonesia? By studying this research, it is expected to find out the point of problems in selecting indonesian citizenship.This research used qualitative. Since this method is a directed and systemic method. In addition, this research study used statute approach and conceptual approach. It is an approach which comes from views and doctrines that are developed in the science of law.The findings of this research are: first, as a result of law that is rejected, rejected state has no right to force someone to reject the offer, this happens because of self-will without intervension from other sides. Since, the status of citizenship related to the existence in getting right and obligation of someone in every action.  The second problem is repudiation right that is used in Indonesia by special naturalization. It means that the state is able to offer or give citizenship status by using it, and in this session, the citizen has right to receive or reject that offer.


2017 ◽  
Vol 2 (2) ◽  
Author(s):  
Rahmiyati

For reformers, Qur'an and the Sunnah of the Prophet, the primary source of Islamic teachings, are the solution to all current Muslims' problems. The main source of Islamic teachings must be explored using the right to ijtihad so that Islam can solve the current and future problems of the ummah. In the early preparation for the independence of the Republic of Indonesia, the discussion concerning Islamic law from the aspect of fiqh was receding because all Muslims were preoccupied with the formation of the Unitary State of the Republic of Indonesia (NKRI). This agendas never made Hasbi forget the agenda of Islamic law reform in Indonesia, even though the many Muslim reformers of his time established social organizations. Abstrak: Bagi kaum pembaharu, solusi dari seluruh problem umat Islam sekarang ini, adalah kembali kepada Alquran dan Sunnah Rasulullah Saw. Yang merupakan sumber pokok ajaran Islam. Sumber pokok ajaran Islam, harus digali dengan mempergunakan hak berijtihad, agar Islam dapat menyelesaikan masalah umat, baik sekarang maupun akan datang. Pada masa awal persiapan kemerdekaan Republik Indonesia, perbincangan tentang hukum Islam dari aspek fiqh semakin surut karena semua umat Islam disibukkan dengan pembentukkan Negara Kesatuan Republik Indonesia (NKRI). Namun, kesibukan tersebut tidak pernah membuat Hasbi ikut terlena untuk melupakan agenda pembaruan hukum Islam di Indonesia kendatipun banyak para pembaru Muslim di masanya yang mendirikan organisasi-organisasi kemsyarakatan (Ormas). Kata kunci: ijtihad, hukum islam, sunnah, pembaharuan


Author(s):  
Elvira Akimova ◽  
◽  
Tatiana Mochalova ◽  

The article studies lexical and phraseological units nominating holidays and ceremonies in Russian dialects, which are spoken on the territory of the Republic of Mordovia. The specificity of nominative processes associated with the naming of a fact that is significant from linguistic and cultural point of view, is determined. The research is carried out on the material taken from the Dictionary of Russian dialects on the territory of the Republic of Mordovia. It has been found that in Russian dialects, the names of religious holidays, which are dedicated to the most revered saints, or the holidays related to a certain time of the year, are actively used. The surviving holidays reproduce elements of the most ancient customs associated with the worship of human deities, the cult of vegetation, water and fire, which magical powers were attributed to. The names of rituals represent a special layer in the dialect corpus. The most illustrative represented are the funeral rite and the rite of baptism. All these rituals are of great importance in the life of the people, since they symbolize a change in the status of a person, his transition from one state to another. The nominations of different phases of wedding ceremony are noted to be most numerous, while funeral and baptizing rites are less representative. The study showed that the names of holidays and rituals in Russian folk dialects reflect cultural and historical traditions, beliefs, customs of representatives of a territorially closed society. They perform peculiar means of representing the ethnic and cultural consciousness of the people.


2014 ◽  
Vol 4 (2) ◽  
pp. 81
Author(s):  
Jantje Tjiptabudy

District head's elections as implementation realization of sovereignty of the people undertaken in democratic system, for sure, shall subject to principles and concept of district head's elections. KPUD and Regional Bawaslu as the district head's elections organizers are obliged to execute professional and quality district head's elections based on the 4 (four) conceptual elements of district head's elections as follows: (1) as a means of sovereignty of the people, (2) it is conducted in a direct, general, free and secret as well as honest and fair manner, (3) it is conducted in Unitary State of the Republic of Indonesia, and (4) it is based on Pancasila and the 1945 Constitution of the Republic of Indonesia.   Implementation of district head's elections, in reality, is full of various violations, especially for the number of votes obtained by foul manner such as vote distension. This condition is obviously seen by the people showing that KPUD and Regional Bawaslu are not capable in performing their duties as the agency of district head's elections. Definitely, it affects quality of district head's elections or legitimation of the elected district head. In fact, lots of factors affect professionalism of KPUD and Regional Bawaslu such as capability of human resources, low alimony rate compared to their responsibility load, and also integrity of KPUD and Regional Bawaslu. Other factor which has escaped attention is morality of the members of KPUD and Regional Bawaslu.


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