scholarly journals Eradication Efforts of Drug Abuse in Indonesia

2019 ◽  
Vol 1 (1) ◽  
pp. 26-34
Author(s):  
Zulkarnain
Keyword(s):  
Immune System ◽  
Drug Abuse ◽  
Islamic Law ◽  
Positive Law ◽  
The Future ◽  
The Subject

The danger of drug abuse has now become a serious double threat that is the destruction of the future and life plus prolonged suffering without hope of recovery due to the destruction of the immune system. This study deals with the eradication efforts of drug abuse in Indonesia. The subject of this study is drug abuse in the perspective of Islamic Law based on revelation and in the perspective of Indonesian positive law. The approach used in this study is comparative through juridical normative-telogic. The result shows that the concept of prevention and tackling of drugs in Islamic law in the form of preventive, refresive and educative. Whereas in Indonesian positive law through law No. 35 of 2009 in the form of preventive, refresive, curative and educative efforts and has made compulsory provisions for the rehabilitation of addicts and victims of drug abuse.

scholarly journals Keikutsertaan Anak di Bawah Umur Dalam Aksi Demonstrasi Menurut Hukum Islam dan Hukum Positif di Indonesia

2021 ◽  
Vol 8 (1) ◽  
Author(s):  
Sofyan Nur Hardiansyah ◽  
Mufidah Mufidah
Keyword(s):  
Qualitative Method ◽  
Islamic Law ◽  
Data Sources ◽  
Conceptual Approach ◽  
Research Results ◽  
Positive Law ◽  
The Future ◽  
Democratic System

ABSTRAKAnak adalah anugerah Allah Yang Maha Kuasa sebagai harapan masa depan bangsa. Sedangkan demonstrasi adalah hal yang lazim dilakukan oleh negara-negara yang menggunakan sistem demokarasi. Belakangan ini terjadi aksi demonstrasi yang melibatkan anak di bawah umur. Jurnal ini bertujuan untuk mengetahui pelaksanaan demokrasi yang ada di Indonesia dan juga menjelaskan tentang keikutsertaan anak di bawah umur dalam aksi demonstrasi menurut Hukum Islam dan Hukum Positif. Penulis menggunakan metode penelitian kualitatif dan pendekatan undang-undang (statue approach) dan pendekaatan konseptual (conseptual approach). Sumber data dalam penelitian ini diperoleh dari peraturan perundang-undangan dan fenomena yang ada di masyarakat. Berdasarkan hasil penelitian, diperoleh kesimpulan bahwa prinsip demokrasi di Indonesia yaitu Demokrasi Pancasila. Keikutsertaan anak di bawah umur dalam aksi demonstrasi yaitu tidak diperbolehkan karena seorang anak belum memenuhi syarat sebagai seorang mukallaf sehingga belum dapat diberikan pembebanan (taklif). Kata Kunci : Anak di Bawah Umur, Aksi Demonstrasi, Demokrasi ABSTRACTChildren are a gift from Allah the Almighty as the hope for the future of the nation. Meanwhile, demonstrations are common in countries that use a democratic system. Recently there was a demonstration involving minors. This journal aims to find out about the implementation of democracy in Indonesia and also explain the participation of minors in demonstrations according to Islamic Law and Positive Law. The author uses a qualitative method and a statue approach and a conceptual approach. Sources of data in this study are law and phenomenon of data sources. Based on the research results, it is concluded that the principle of democracy in Indonesia is Pancasila Democracy. The participation of minors in demonstrations is not allowed because a child has not met the requirements as a mukallaf so that he cannot be charged with taklif.Keywords : Underage Children, Demonstrations, Democracy

PELUANG HUKUM PIDANA ISLAM DALAM PEMBENTUKAN HUKUM PIDANA NASIONAL DI INDONESIA

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
Fitri Wahyuni
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Islamic Law ◽  
Civil Law ◽  
Legal Environment ◽  
Positive Law ◽  
National Legal System ◽  
The Future ◽  
Civil Laws ◽  
Islamic Civilization

Islamic law is prescribed by Allah SWT with the aim of realizing and realizing and protecting the benefit of humanity, both for the benefit of individuals, society or both. But Islamic criminal law is not understood correctly and deeply by society, even by the Islamic community itself. in the meantime, the position of Islamic law in the field of civilization has been broadly established in positive law, whether it is an element of influence, or as a modification of religious norms, which are formulated in civil laws and regulations, or which are covered by a substantial legal environment. Law No. 7 of 1989 concerning religious justice. Whereas Islamic criminal law has not yet gotten a place like the positive law of Islamic civilization. Whereas Islamic criminal law has the same opportunities as civil law in the national legal system based on three factors, namely philosophy, sociology and juridical. In addition to the three factors above, there are opportunities described in this study so that Islamic criminal law has the opportunity to establish national criminal law in the future  

scholarly journals Criminalization on Husband Wife Relationship towards Nushuz in the Perspective of Islamic Law and Criminal Code

2016 ◽  
Vol 4 (2) ◽  
pp. 64
Author(s):  
Oom Mukarromah ◽  
Asep Ubaidillah
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Research Method ◽  
Islamic Law ◽  
Physical Violence ◽  
Criminal Code ◽  
Normative Approach ◽  
Positive Law ◽  
The Family ◽  
The Subject

The purpose of this study was to determine the criminalization law of nusyuz behavior both in Islamic law and the Criminal Code, and to know the relevance of Islamic law with the Criminal Code and Law No. 23 of 2004 in criminalization law of nusyuz behavior. The study used juridical normative approach in order to find the principle or the doctrine of positive law relevant to the issues studied, such as the opinions and ideas of jurists on the criminalization of the nusyuz behavior. This study used literature research method, which is a research conducted with data resources obtained from books or other writings relevant to the subject matter. The sources drawn from various works that discuss the problems of the family, the rights and protection of women, domestic violence and some literature on criminal law from the perspective of Islamic law and positive law. From the study, it can be concluded that: First, under the Islamic law, any form of physical violence against the wife is categorized in the form of jarimah (a criminal act) which is regulated in Islamic criminal law (fiqh jinayah). Second, in a substance, criminal law of physical violence against wife in the Domestic Violence Act is part of jarimah, a criminal act besides the soul. According to the Islamic criminal law, criminal act is classified into jarimah takzir.

scholarly journals Interpretations of Verses about Islamic Criminal Law and its Polemics in Indonesia’s Positive Law

2021 ◽  
Vol 6 (1) ◽  
pp. 79
Author(s):  
Hasep Saputra ◽  
Nurma Yunita ◽  
Ainal Mardhiaturrahman ◽  
Wina Purnamasari
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Colonial Period ◽  
Positive Law ◽  
The Future ◽  
Vertical Relationship ◽  
Descriptive Approach ◽  
The Relationship ◽  
Islamic Values

This study was conducted to find out the interpretations of Islamic criminal law verses and to see the polemics which occurred in the applications of Islamic criminal law in Indonesia alongside the harmonization of its applications in Indonesia. This study used a normative-descriptive approach in a way that explained in detail the laws and the verses’ interpretations as well as the polemics of Islamic criminal law in the Indonesia’s positive law. In the context of the development and application of national law in Indonesia, Islamic law is one of the sources adopted. Islamic law itself regulates the vertical relationship with Allah and the relationship with humans. These two relationships have a role in the formation of national law in Indonesia. In terms of applications, Islamic law can contribute to the development of positive law with the following three alternatives: 1) Islamic law which is a continuation of legal politics in the colonial period, either through transitional rules of the 1945 Constitution’s article 2 or by means of being stipulated in the further new legislation, 2) positive Islamic law which is sourced from Islamic values, and 3) the theory of legal leveling.  This theory is applied to make Islamic law a source of national law in the future.

scholarly journals Comparison of Positive Law and Islamic Law In Recognition Outside Marriage Children's Legal Status

2020 ◽  
Vol 2 (2) ◽  
pp. 106-117
Author(s):  
Siti Rabiah Rumadaul
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Islamic Law ◽  
Biological Father ◽  
Positive Law ◽  
The Future ◽  
The Status ◽  
The Difference ◽  
The Government ◽  
Legal Consequences

Recognition of the legal status of children outside of marriage is regulated in Article 280 of the Civil Code and Islamic Law does not recognize the recognition of children outside of marriage which is regulated in Article 100 of the Compilation of Islamic Law, so that the legal consequences that arise later are different. A child outside of marriage is a child born to his parents without a legal marriage between the father and mother. Therefore, the child does not have the status or position in law as a legitimate child. This type of research conducted by the author is Empirical Juridical Research, namely research by studying, investigating and studying according to what has been determined by the applicable regulations and real facts that occur in the community with the aim to learn and find data and real events that actually happened, with use the legal approach and case approach. In the results of this research and discussion it is explained that in Positive Law a child outside of marriage can be ratified by a confession, whereas in Islamic Law there is no recognition. Recognition of children outside of marriage in Positive Law raises the result of the endorsement and the resulting relationship with the legal consequences. Whereas in Islamic Law the law of an out-of-wedlock child is not entitled to obtain lineage relationship, livelihood, inheritance rights and others from his biological father because it only has a lineage relationship with his mother and his mother's family, but if the biological father wants to give part of his property, this can be done through a will. Related to the difference between the recognition of Positive Law and Islamic Law, it is considered necessary to pay attention, because of the importance of recognition of children outside of marriage, which results in civil rights in the future. Then later the child outside of marriage also gets the distribution of inheritance (inheritance), guardianship rights and other rights. The government through legislation also needs to pay attention to the management of the inheritance (inheritance) of children outside of marriage so that it becomes an absolute right for children outside of marriage in the future.

The Place of Islamic Law in Modern Arab Legal Systems: A Brief for Researchers and Reference Librarians

2000 ◽  
Vol 28 (1) ◽  
pp. 117-126 ◽  
Author(s):  
George N. Sfeir
Keyword(s):  
Middle East ◽  
Islamic Law ◽  
Middle Eastern ◽  
Periodical Literature ◽  
Short List ◽  
Applicable Law ◽  
Positive Law ◽  
Islamic Thought ◽  
Reference Librarians ◽  
The Subject

Ever since Joseph Schacht, whose book An Introduction to Islamic Law is on the short list of books on Middle East law, said that Islamic law is the epitome of Islamic thought, in other words, you can't understand Islam without understanding Islamic law, Middle Eastern studies and their journals invariably include classical Islamic law in their coverage of the subject with little attention given to modern legislation. This is particularly obvious in the bibliography of periodical literature which disregards the increasing number of studies on the modern law of the Middle East appearing in law journals. Even entries described as positive law, a category recently added to John and Marianne Makdisi's eminently useful compilation on Islamic law, comes no closer to giving a realistic picture of the applicable law. To illustrate what I mean, titles under positive law dealing with insurance, banking, and interest, concentrate on Islamic law's position on these subject-matters at a time when modern legislation in most Arab states has completely discarded that position.

scholarly journals PEMBAGIAN HARTA BERSAMA DALAM PERKAWINAN MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 1974 DAN HUKUM ISLAM

2020 ◽  
Vol 5 (1) ◽  
pp. 84-103
Author(s):  
Winarno Winarno
Keyword(s):  
Common Property ◽  
Islamic Law ◽  
Married Couple ◽  
The State ◽  
Men And Women ◽  
Positive Law ◽  
The Future ◽  
Mental Abilities ◽  
Shared Property ◽  
The One

Marriage is one of the religious commands that must be done by people who already have the physical and mental abilities to carry it out. In the law state of Indonesia, marriages are regulated by the state regarding the terms and conditions for someone who is going to get married, and both rules are directed at men and women. These rules are contained in Law Number 1 of 1974 and Islamic Law. Therefore, if the marriage does not meet the terms and conditions set, the marriage cannot be carried out. Since marriage is a union between a man and a woman, there will be cooperation, both cooperation in fostering households to achieve harmony and in finding property for survival. Each property obtained by a married couple will become a common property even though in terms of quantity, the one earned by each husband and wife can be different, even the one who earns money is only one of them. However, the marriage between the two makes the property belong together. Although in terms of civil and Islamic law, there are no strict rules regarding shared assets, but because the assets are obtained after marriage, they become shared property. Therefore, if a divorce in the future occurs or one dies, the assets must be divided in half. The rules for the distribution of shared assets do not actually violate the general provisions contained in either positive law or Islamic law.

scholarly journals SANKSI PENYEBAR HOAX PERSPEKTIF HUKUM PIDANA ISLAM

2019 ◽  
Vol 6 (1) ◽  
pp. 49
Author(s):  
Wahyu Abdul Jafar
Keyword(s):  
Islamic Law ◽  
Legal Certainty ◽  
Literature Research ◽  
Normative Approach ◽  
Positive Law ◽  
Preventive Actions ◽  
Depth Study ◽  
The Subject ◽  
Data Collection Technique ◽  
Religious Elements

This study discusses the issue of hoaxes which have been troubling the community. One reason for the rise of hoax news is that the handling is only from the side of positive law without involving religious elements, whereas religious teachings are very effective for preventive actions because if there are religious elements in the handling, people will always be watched and afraid of sinning if they violate. The subject of this study is how to set ta'zir sanctions for hoax makers and disseminators in the perspective of Islamic law. This study is included in the literature research category, while the approach used in this study is a normative approach. The data collection technique used is documentation technique. After an in-depth study was obtained a conclusion that there were three categories of ta'zir sanctions, namely minor, moderate and severe sanctions. Minor sanctions are given to perpetrators and disseminators of hoaxes with motives of ignorance and victims of technological and information developments. While giving sanctions is being given to the perpetrators and disseminators of the hoax with the motive for the absence of legal certainty. Then hoax makers and spreaders who have motives for malicious intentions and politics are given the heaviest sanctions

The future role of the psychiatrist in Europe – a UEMS perspective

2014 ◽  
Vol 11 (01) ◽  
pp. 35-42
Author(s):  
M. Hermans
Keyword(s):  
Mental Health ◽  
Mental Health Professionals ◽  
Health Professionals ◽  
General Interest ◽  
Future Role ◽  
Personal Opinion ◽  
The Future ◽  
The Subject ◽  
The Many

SummaryThe author presents his personal opinion inviting to discussion on the possible future role of psychiatrists. His view is based upon the many contacts with psychiatrists all over Europe, academicians and everyday professionals, as well as the familiarity with the literature. The list of papers referred to is based upon (1) the general interest concerning the subject when representing ideas also worded elsewhere, (2) the accessibility to psychiatrists and mental health professionals in Germany, (3) being costless downloadable for non-subscribers and (4) for some geographic aspects (e.g. Belgium, Spain, Sweden) and the latest scientific issues, addressing some authors directly.

COMPARATIVE STUDY ON GONO GINI'S ASSETS DUE TO A DEATH ACCORDING TO THE ISLAMIC LAW AND POSITIVE LAW

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Pardan Syafrudin
Keyword(s):  
Comparative Study ◽  
Common Property ◽  
Islamic Law ◽  
Positive Law ◽  
Community Property ◽  
Communal Property ◽  
Islamic Jurisprudence ◽  
Legal Restriction ◽  
The Common ◽  
Husband And Wife

The Common properties (community property) is an asset that the husband and wife acquired during the household lifes, which both of them is agree that after united through marriage bonds, that the property produced by one or both of them will be common property. It shows, that if there's an agreement between husband and wife before marriage (did not to unify their property), then the property produced both will not become a joint treasure. Thus, if a husband or wife dies, or divorces, then the property owned by both of them can be distributed in accordance with their respective shares, another case when the two couples are not making an agreement, then the property gained during marriage bonds can be divided into types of communal property. In Islamic law, this kind of treasure is not contained in the Qur'an or Sunnah. Nor in Islamic jurisprudence. However, Islamic law legalizes the existence of common property as long as it is applicable in a society and the benefit in the distribution of such property. In contrast to the positive law, this property types have been regulated and described in the Marriage Law, as well as the Islamic Law Compilations, which became the legal restriction in the affairs of marriage in force in Indonesia. In this study, the author tries to compile the existence of common property according to the Islamic law reviews and positive law.

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