scholarly journals The Transaction of Damaged Cash Exchange in the Perspective of Islamic Economic Law (Case Study in Medan City)

2021 ◽  
Vol 3 (1) ◽  
pp. 93-104
Author(s):  
Suhendri Irandi
Keyword(s):  
Application Of Law ◽  
Paper Money ◽  
Economic Law ◽  
Currency Exchange ◽  
Board Of Governors ◽  
The Republic ◽  
Islamic Economic ◽  
The City ◽  
Exchange Transactions

From the discussion of damaged cash exchange transactions carried out by corrupted money collectors in the city of Medan, the author can draw several conclusions, as follows: Currency transactions that are unfit for circulation that occur in the city of Medan are closely related to the concept of the sharf contract in the perspective of Islamic economic law. This is, if we look at it from the object being transacted, namely currency, even though the money is money which is not fit for circulation. In this transaction, the terms and conditions in the sharf contract concept must be fulfilled in it. The application of Law of the Republic of Indonesia Number 7 of 2011 concerning Money Changes in the community has been running, but is still not optimal. This is because there are still many people who do not know or do not understand how to exchange their damaged cash. Most people feel that the damaged cash they have is no longer sold to be spent. In fact, based on the Regulation of Members of the Board of Governors Number 19/13 / PDADG / 2017 concerning Rupiah Currency Exchange, it explains the procedure for exchanging money that is not fit for circulation. In the perspective of Islamic economic law, the practice of changing corrupted money by the corrupt money-seeking community is divided into three opinions. One opinion says, it is legally forbidden'. This opinion argues that the laws that apply to paper money also apply to gold and silver. There are two requirements in the sale and purchase of gold with gold or silver and silver, namely: the same weights and cash in one agreement. Meanwhile, the second opinion is allowed even though there is a difference in the nominal value. Another case is the third opinion which first sees the public's attitude towards money unfit for circulation.

scholarly journals Fraus Legis in Constitutional Law: The Case of Expropriation "Without" or for "Nil" Compensation

2021 ◽  
Vol 24 ◽  
pp. 1-31
Author(s):  
Martin Van Staden
Keyword(s):  
South Africa ◽  
Constitutional Law ◽  
Public Law ◽  
Legal Services ◽  
The Public ◽  
Application Of Law ◽  
Eighteenth Amendment ◽  
The Republic ◽  
Legal Affair

Fraus legis – defrauding or evading the application of law – is a phenomenon well-known to students of private law, but its application in public law, including constitutional law, remains largely unconsidered. To consider whether a transaction, or, it is submitted, an enactment, is an instance of fraus legis, an interpreter must have regard to the substance and not merely the form of an enactment. In 2018 Parliament resolved to amend section 25 of the Constitution of the Republic of South Africa, 1996 (the Constitution) to allow government to expropriate property without being required to pay compensation. While the public and legal debate has since before that time been concerned with "expropriation without compensation", the draft Constitution Eighteenth Amendment Bill, 2019 provides instead for expropriation where "the amount of compensation is nil". By the admission of Parliament's legal services unit, this is a distinction without a difference. But compensation and expropriation are legally and conceptually married, and as a result, it would be impermissible to expropriate without compensation – instead, nil compensation will be "paid". How does this current legal affair comport with the substance over form principle, and is fraus legis at play? This article considers the application of the fraus legis phenomenon to public law, utilising the contemporary case study of the Constitution Eighteenth Amendment Bill.

scholarly journals SISTEM PENGELOLAAN BADAN PENYELENGGARA JAMINAN SOSIAL (BPJS) KESEHATAN MANDIRI KOTA PAREPARE

2018 ◽  
Vol 16 (2) ◽  
pp. 284-306
Author(s):  
Syahriyah Semaun ◽  
Juneda Juneda
Keyword(s):  
Quality Assurance ◽  
Health Insurance ◽  
Health Services ◽  
Social Security ◽  
Descriptive Study ◽  
Economic Law ◽  
Qualitative Descriptive ◽  
Islamic Economic ◽  
The City

: Law Number 40 of 2004 concerning the National Social Security System (SJSN) mandates that social security is mandatory for all residents including the National Health Insurance (JKN) through a Health Social Security Administering Agency (BPJS). This study discusses how the contract system in the Mandiri Health BPJS, how the mechanism for collecting contributions to the Mandiri Health BPJS, and how the quality of BPJS Health guarantees in Parepare City for health services for Mandiri Health BPJS participants. This study included a qualitative descriptive study with an analysis of Islamic economic law in the Office of BPJS Health in the City of Parepare. The results of the study indicate that the contract system in the Independent Health BPJS in the City of Parepare is in accordance with Islamic economic law and the mechanism for collecting contributions from Mandiri Health BPJS participants is not in accordance with Islamic economic principles. Quality assurance of BPJS Kesehatan in the City of Parepare for health services for participants of the Independent Health BPJS in accordance with Islamic economic law.

scholarly journals Royalty Fee Bisnis Waralaba Ritel di Kota Makassar dalam Perspektif Hukum Ekonomi Syariah

2021 ◽  
Vol 7 (1) ◽  
pp. 139-158
Author(s):  
Andi Nur Afifah ◽  
Sohrah ◽  
Muslimin Kara
Keyword(s):  
Islamic Law ◽  
Delay System ◽  
Retail Store ◽  
Descriptive Research ◽  
Economic Law ◽  
Qualitative Descriptive ◽  
The Difference ◽  
Islamic Economic ◽  
Sociological Approaches ◽  
The City

The aim of this research was to determine and understand the royalty fees for retail store franchise business in the perspective of Islamic economic law in the city of Makassar. This research was a type of qualitative descriptive research (non-statistical) using normative, phenomenological, and sociological approaches. Findings of this research revealed that: First, the franchise of company X with its franchisee was in accordance with the Islamic law, there was no element of fraud in terms of contracts and agreements which was implemented in transparency. While, the franchise of company Y and its franchisee, there were different perceptions of policies related to the contract and franchise agreement, namely the absence of a written signing so that it was not in accordance with sharia, but both parties agreed on considerations and amendment policies that made specifically by the franchisee. Second, the implementation of royalty fees between the two companies had been carried out in transparency. The difference of both companies and their franchisees was from the policy of late payment of royalty fees. Company X and its franchisee used a maximum three-month deadline with an interest system, this was not adjusted to Islamic law because interest includes usury. Then, company Y and its franchisee would absolutely not use the delay system policy, because the royalty fee would automatically be deducted from the franchisee's cashback by purchasing products at Company Y.

scholarly journals Municipal Instruments in Law for Cultural Heritage Protection: A Case Study of the City of Cape Town Metropolitan Municipality

2021 ◽  
Vol 24 ◽  
pp. 1-34
Author(s):  
Rochine Melandri Steenkamp
Keyword(s):  
South Africa ◽  
Resource Management ◽  
Local Government ◽  
Cultural Heritage ◽  
Cape Town ◽  
Policy Documents ◽  
Government Functions ◽  
The Republic ◽  
The City

This article questions the extent to which municipal bylaws aimed at cultural heritage resource management (CHRM) reflect the objectives of the Constitution of the Republic of South Africa, 1996 (the Constitution), national legislation and the discourse on cultural governance more broadly. In terms of Schedule 4A of the Constitution, the function of "cultural matters" is not an original power of local government.  It is a function assigned to the national and provincial spheres. Municipalities are assumed, however, to have a responsibility to execute aspects of this function that may be incidental to other typical local government functions. This view finds support in the interpretation of various rights in the Constitution (e.g. sections 15, 30, 31 and 24) as well as the heritage, environmental and local government framework legislation and policy documents of South Africa. The premise of this article is that cultural heritage resource management by way of instruments such as bylaws promotes the overarching objectives of local government, such as sustainable development, while also promoting the rights to culture, language and religion, amongst others. To expand on its theoretical basis, this article provides a critical assessment of the bylaws of the City of Cape Town Metropolitan Municipality

scholarly journals Increasing cyclist mobility by improving cycling infrastructure: Case study Koprivnica

2021 ◽  
Author(s):  
Predrag Brlek ◽  
Ivan Cvitković ◽  
Goran Kos ◽  
Robert Gadanec
Keyword(s):  
Urban Mobility ◽  
Sustainable Transport ◽  
Road Users ◽  
Bicycle Infrastructure ◽  
The Republic ◽  
Sustainable Urban Mobility ◽  
Reduced Mobility ◽  
The City ◽  
United Network

The use of a bicycle as a form of transport is an essential factor within a sustainable transport system. The increased number of cyclists is changing their need for better and better infrastructure. Koprivnica is traditional cycling city, with one of the longest cycling infrastructure in the Republic of Croatia. However, parts are disconnected and partly inconsistent with the Bicycle Infrastructure Regulations (OG 26/2016). This results with reduced mobility and safety for all road users, especially pedestrians and cyclists who often share a common surface. The paper presents a method of mapping bicycle infrastructure in the city. As a reference point for comparing the state of cycling infrastructure, data were taken from the 2015 Sustainable Urban Mobility Plan of Koprivnica. In addition to personal bicycles in the city, public bicycles are also proposed to optimize this system. After the analysis, suggestions were made for improvements and connecting parts of existing network, into a united network that would meet the highest standards. Particular attention should be paid to intermodality, ie connection with railway and bus stations, and planned parking areas around the city. This model can be applied in all cities.

Gratitude. The Red Army Memorial in Szczecin: A Geographical, Topographical, and Biographical Perspective

2021 ◽  
pp. 89-112
Author(s):  
Szymon Piotr Kubiak
Keyword(s):  
Special Importance ◽  
Government Officials ◽  
Communist State ◽  
Sacred Heart ◽  
Red Army ◽  
Military Command ◽  
German City ◽  
The Republic ◽  
The City

In March 1945, the combined Polish-Soviet forces captured the German city of Stettin. On 26 April, the 65th Army of the 2nd Belorussian Front entered the city, in which the rule of the Soviet military command was soon established. Due to its unresolved status and territorial disputes, Polish politicians, self-government officials, and first settlers were forced to leave Szczecin twice. In the period of the Polish-German “race for Szczecin”, which ended with the Potsdam Conference, the only stable element having control over the lower Oder was the USSR, whose emissaries treated the conquered territories as if they already belonged to their communist state. As early as in 1945, the Polish civil authorities came up with an idea to erect a memorial dedicated to the “democratic armies”. The competition for the Red Army Gratitude Memorial was officially launched in Spring 1949, once the USSR-born doctrine of socialist realism was introduced to Poland. Out of twenty-two submission, the first award was given to Józef Starzyński from Zakopane, a former citizen of Lvov. The commemorative complex located at the Polish Soldier’s Square was completed in April 1950. The aim of the present paper is to analyse the very memorial which remained in Szczecin until 2017. Of special importance to my investigation are: the geographical context of Western Pomerania considered one of the Reclaimed Territories and in a feudal relationship with the historical regions of the Republic of Poland, as well as with the Russian “Seigneur”/”Lord”; the topographical context, namely the act of re-building the former German city destroyed in warfare; as well as the biographical context, i.e. the life of the monument’s designer. The paper takes special interest in the formal and ideological links between the Szczecin memorial and one of Starzyński’s earlier projects, namely the Sacred Heart of Jesus Gratitude Memorial in Poznań (1927; a competition submission; never erected). A careful reconstruction of the memorials’ history will offer a valuable case study which showcases the 20th-century sculptor in a politically-charged environment.

scholarly journals Implementation of Qawa'id Al-Fiqhiyyah Mazhab Hambali in Islamic Economic

2021 ◽  
Vol 6 (1) ◽  
pp. 61
Author(s):  
Hendrianto Hendrianto ◽  
Hasan Bisri
Keyword(s):  
Data Analysis ◽  
Data Collection ◽  
Economic Law ◽  
Modern Economy ◽  
Library Research ◽  
Islamic Economic ◽  
Method Approach

Purpose: This research aims to provide knowledge about qawa'id al-fiqhiyyah Hambali sect thought and its application in sharia economic law seen of the four popular rules of jurisprudenceDesign/Method/Approach: This research is library research, using documentation data collection techniques, and data analysis using content analysisFindings: Results showed that qawaid fiqiyyah dissect Hambali's for bidden right speed before the time, over the main push of the lift, badal (substitute) is positioned mubdal (replaced), and the latter considered common practice, while rare, and there is no law to him. The fourth method is able to address the problem Kulli (general), and in particular the problems of legal jurisprudence of Islam among the modern economy, which in this case study can not be separated from AL Quran and Hadits.Originality/Values: The main contribution of this research is to fill the gap in how the implementation of qawa'id al-fiqhiyyah mazhab hambali in Islamic economic law.

scholarly journals Sub Zoning as a Measure for Water Supply Optimization—Case Study of the City of Nikšić

2020 ◽  
Vol 2 (1) ◽  
pp. 37
Author(s):  
Aleksandar Daničić ◽  
Dejan Dimkić ◽  
Mira Papović ◽  
Darko Kovač
Keyword(s):  
Water Supply ◽  
Distribution System ◽  
Groundwater Resources ◽  
Technical Solution ◽  
Operation Analysis ◽  
The Republic ◽  
Definition Of ◽  
Supply Optimization ◽  
The City

The drinking water supply of the city of Nikšić, the second largest city in the Republic of Montenegro, is secured from a nearby karstic groundwater resources. Water is transported from two different directions (two sources) into the distribution system. At the end of the distribution system, on the opposite side of water resources, there is a counter tank, as the only storage capacity for leveling the inflow and consumption in the system. However, the interplay of the three vital water supply capacities (two water sources and counter tank) does not meet the requirements of regular supply, to the point where it is necessary to disconnect the tank, from regular operation. The existing system, which operates without leveling space, is fraught with numerous problems, ranging from the appearance of significant temporal and spatial pressure variations, to the inability of delivering the needed quantities to the peripheral parts of the system, in seasonal peaks of consumption. During International project Drinkadria (2013–2016), efforts for solving numerated problems were done. This paper provides an overview of activities on system operation analysis, based on simulation modeling and definition of technical solution, proposed in the form of subzoning. Realization of proposed subzones will put all capacities in the full operation state, with the realization of stable pressures in the system, and with a regular supply of all parts of the system in all predictable modes of consumption.

scholarly journals Increasing level crossing safety in urban areas - Case study City of Zagreb

2021 ◽  
Author(s):  
Martin Starčević ◽  
Danijela Barić ◽  
Ivan Broz
Keyword(s):  
Urban Areas ◽  
Traffic Volume ◽  
Level Crossing ◽  
Railway Network ◽  
Level Crossings ◽  
The Road ◽  
Railway Traffic ◽  
The Republic ◽  
The City

Level crossings (LC’s) are one of the most dangerous points in railway traffic with frequent accidents that result in significant material damages and almost always fatalities. When level crossings are located within highly populated urban areas, they represent an even higher risk for accidents because of increased traffic volume for both the road and rail sectors. There are currently 34 level crossings in the City of Zagreb, some of which are on the roads with the highest traffic volume in the Republic of Croatia. Accident analyses on level crossings show poor traffic culture, especially pedestrians, which are intentionally disregarding traffic rules and showing poor judgment. This paper will show the existing condition and possible improvements of identified shortcomings of observed level crossings in the City of Zagreb and it will also present the existing level crossing regulations, classification, and safety on the railway network in the Republic of Croatia.

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