scholarly journals Penguatan Fungsi Legeslasi Dewan Perwakilan Daerah Republik Indonesia Dalam Pembahasan Rancangan Undang-Undang

2019 ◽  
Vol 2 (2) ◽  
pp. 352-369
Author(s):  
Ahmad Dediansyah
Keyword(s):  
Research Method ◽  
National Policy ◽  
Secondary Data ◽  
Checks And Balances ◽  
State Institutions ◽  
Normative Approach ◽  
Library Research ◽  
Two Factors ◽  
The Republic ◽  
Central Level

This study aims to determine the position of the functions and authority of the Regional Representative Council based on the 1945 Constitution of the Republic of Indonesia and the urgency of strengthening the function of the Regional Representative Council as a regional representative in national policy making at the central level. The research method used is a normative legal research method that focuses on library research, namely the search for legal materials consisting of primary legal materials, secondary legal materials, and tertiary legal materials. to obtain secondary data from legal materials. The normative approach is carried out by reviewing the provisions or regulations in force. Basically, the existence of the Regional Representative Council through an amendment to the 1945 Constitution of the Republic of Indonesia is based on the existence of 2 (two) factors, namely democratization and efforts to accommodate regions in making national policies, theoretically the existence of the Regional Representative Council is intended to apply the principle of checks and balances between state institutions, namely the process of mutual supervision and balance between State institutions. This was done to strengthen central and regional relations in order to maintain the integrity and unity of the unitary state of the Republic of Indonesia. However, based on the amendment results of the 1945 Constitution of the Republic of Indonesia the authority of the Regional Representative Council to carry out its function as a regional representative is still inadequate, so the desire to implement the principle of checks and balances between State institutions is still not realized.

scholarly journals Kajian Yuridis Tentang Kesadaran Warga Negara Untuk Menggunakan Hak Pilih Dalam Melaksanakan Demokrasi Pada Pemilihan Kepala Daerah

2021 ◽  
Vol 7 (1) ◽  
pp. 280
Author(s):  
Muzayanah Muzayanah
Keyword(s):  
Secondary Data ◽  
Voting Rights ◽  
State Institutions ◽  
Leadership Management ◽  
Library Research ◽  
The People ◽  
The Republic ◽  
The Government ◽  
The Right ◽  
Regional Leaders

The Republic of Indonesia is a state based on the rule of law in implementing state administration based on Pancasila and the 1945 Constitution. The administration of government with a democratic system in which the highest sovereignty is in the hands of the people and in its implementation the people elect a leader to run the government. To determine the regional leader / regional head must be carried out through regional head elections. Regional head elections are intended to continue the government which has ended its term of office. Therefore, regional head elections must be held simultaneously throughout the territory of the Republic of Indonesia. The holding of regional head elections is a big job and is the responsibility of all parties, including all citizens of the Republic of Indonesia, so that the implementation of regional head elections runs well. The regional head elections in question have been held and are the result of the hard work of various relevant state institutions that have carried out their duties and responsibilities, in this case the General Election Commission (KPU) which has held regional head elections simultaneously throughout the territory of the Unitary State of the Republic of Indonesia (NKRI). ). The 1945 Constitution of the Republic of Indonesia regulates the voting rights of citizens to participate and actively participate in determining regional leaders / regional heads who will lead in their respective territories. Citizens have the right to vote to vote at regional head elections. This is of course an awareness and responsibility as citizens so that regional leaders / regional heads are elected who are able to organize government and create prosperity and justice based on the values contained in the principles of Pancasila. The problem in this research is how a juridical study of the awareness of citizens to use their voting rights in implementing democracy in regional head elections?This research is a normative juridical research with the Library Research research method. The data collection method uses secondary data in the form of primary legal materials and secondary and tertiary legal materials. The population in this study is a random population of residents / community of Pengkol hamlet, Mangunsari village, Gunung pati District, Semarang City. The results of the research show that people in this region as citizens of the Republic of Indonesia have the awareness and responsibility to exercise their voting rights in the implementation of regional head elections, especially the election for Mayor and Deputy Mayor of Semarang on December 9, 2020. Regional head elections in this region have been going well and in a conducive situation even though it was held during the Covid-19 pandemic. It is hoped that the holding of this regional head election will produce regional leaders who have reliable and quality leadership management and are able to bring the community to realize social justice for all Indonesian people.

scholarly journals PERJANJIAN DENGAN JAMINAN FIDUSIA BERDASARKAN PERATURAN MENTERI KEUANGAN REPUBLIK INDONESIA NOMOR 130/PMK.010/2012

2021 ◽  
Vol 3 (4) ◽  
pp. 97-104
Author(s):  
Harniwati Harniwati
Keyword(s):  
Research Method ◽  
Secondary Data ◽  
Accurate Data ◽  
Library Research ◽  
The Republic

The provision of fiduciary guarantees in banking transactions generally uses a notarial deed and has been clearly regulated, but how about the implementation of the fiduciary guarantee. Implementation of the Agreement with Fiduciary Guarantee Based on the Regulation of the Minister of Finance of the Republic of Indonesia Number 130/Pmk.010/2012”. The research method used in this research is mainly library research by examining secondary data, sourced from primary, secondary and research legal materials. This is done to obtain the necessary accurate data related to the problem under study. The registration of fiduciary guarantees has been determined by the Fiduciary Guarantee Law Number 42 of 1999, which is also confirmed in the Regulation of the Minister of Finance of the Republic of Indonesia Number 130/PMK.010/2012.

scholarly journals Kewajiban Sertifikat Halal Untuk Produk Impor di Indonesia

2019 ◽  
Vol 6 (4) ◽  
pp. 363-376
Author(s):  
Syafrida Syafrida ◽  
Ralang Hartati
Keyword(s):  
Research Method ◽  
Secondary Data ◽  
Product Packaging ◽  
Muslim Population ◽  
Library Research ◽  
The World ◽  
Food And Beverage ◽  
Registration Number ◽  
Imported Food ◽  
The Republic

AbstractGlobalization and free trade cause increased circulation of products both imported and local in the community. The Republic of Indonesia as the country with the largest Muslim population in the world. Islamic Sharia requires its people to consume halal products and forbid products that are not halal. Article 4 UUJPH, all products circulating in the community must be halal certified. Many imported food and beverage products traded in the community have not provided protection and guaranteed halal products for Muslim consumers. The problem is, how is the halal certificate procedure for imported products in force in Indonesia. The research method used is library research using secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials, normative juridical research. The result of the research is that imported products that are certified overseas that have cooperated with the adjustment of halal certificates with the State of Indonesia, then imported products are no longer required to submit applications for halal certificates, but to register overseas halal certificates at BPJPH to obtain a halal registration number from the head of BPJPH. The halal registration number is listed next to the halal logo on the product packaging or in certain places that are easily seen, read by consumers.Keywords: Halal Certificate, Imported Products, UUJPH AbstrakGlobalisasi dan perdagangan bebas menyebabkan meningkatnya peredaran arus produk baik impor maupun lokal di masyarakat. Negara Republik Indonesia sebagai Negara berpenduduk muslim yang terbesar di dunia. Syariat Islam mewajibkan kepada umatnya untuk mengonsumsi produk halal dan mengharamkan produk yang tidak halal.  Pasal 4 UUJPH, semua produk yang beredar di masyarakat wajib bersertifikat halal. Banyak produk impor makanan dan minuman yang diperdagangkan di masyarakat yang belum memberikan perlindungan dan jaminan kehalalan produk bagi konsumen muslim.  Permasalahan, bagaimana prosedur sertifikat halal untuk produk impor yang berlaku di Indonesia. Metode penelitian yang digunakan adalah penelitian kepustakaan dengan menggunakan data sekunder berupa bahan hukum primer, bahan hukum sekunder dan bahan hukum tertier, peneltian bersifat yuridis normatif. Hasil penelitian bahwa produk impor yang bersertifikat luar negeri yang telah melakukan kerja sama penyesuaian sertifikat halal dengan Negara Indonesia, maka produk impor tidak diperlukan lagi mengajukan permohonan sertifikat halal, tetapi melakukan registrasi sertifikat halal luar negeri pada BPJPH untuk mendapatkan nomor registrasi halal dari kepala BPJPH. Nomor registrasi halal tersebut dicantumkan berdekatan dengan logo halal pada kemasan produk atau pada tempat tertentu yang mudah dilihat, dibaca oleh konsumen.Kata Kunci: Sertifikat Halal, Produk Impor, UUJPH

scholarly journals THE AUTHORITY OF PEOPLE’S CONSULTATIVE ASSEMBLY BY SUBSQUENT OF THE AMENDMENT OF THE 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA

2017 ◽  
Vol 6 (3) ◽  
pp. 681
Author(s):  
Sanidjar Pebrihariati R
Keyword(s):  
Research Method ◽  
Secondary Data ◽  
Problem Formulation ◽  
The State ◽  
Popular Sovereignty ◽  
Constitutional Democracy ◽  
State Institutions ◽  
The People ◽  
State Administration ◽  
The Republic

<p>People’s Consultative Assemly (hereinafter reffered to <em>MPR</em>) membership consisting of members of the House of Representative (hereinafter reffered to <em>DPR</em><em>)</em> and Regional Representative Council (hereinafter reffered to <em>DPD</em><em>)</em> members indicates that the <em>MPR</em> is still viewed as a representative body of the people because of its membership elected in the general election. The change of position of the People's Consultative Assembly (<em>MPR</em>), then the understanding of the form of popular sovereignty is reflected in three branches of power, namely the representative institution, the President, and the holder of the judicial power. Problem formulation discussed are: 1) How is the position of the People's Consultative Assembly as the implementer of people's sovereignty in Indonesia before the amendment of the 1945 Constitution? 2) How the position of MPR members coming from the <em>DPD</em> after the Amendment of the 1945 Constitution of the Republic of Indonesia. The research method used in this research is Normative Law research method, which uses secondary data. The discussion in this research: 1) the MPR as the executor of the sovereignty of the People in Indonesia, prior to the 1945 amendment, we see in the provisions On Article 1 paragraph (2) of the 1945 Constitution stipulates that: "Sovereignty is in the hands of the people, and carried out according to the law basic". In the above article it contains three meanings, namely: a). The sovereignty of the people is implemented by all state institutions established in the Constitution, b). The sovereignty of the people must be subject to the constitution, c) constitutional supremacy. People's sovereignty is limited by the rules of the Constitution and constitutional democracy. 2) Position of MPR members originating from DPD after the Amendment of the 1945 Constitution of the Republic of Indonesia. After the fourth amendment of the 1945 Constitution, (hereinafter referred to as the 1945 Constitution of the Republic of Indonesia), there is a fairly fundamental change in both the state administration system and the state institutions in Indonesia .</p>

scholarly journals DEBATE OF ISLAM AND COUNTRIES IN THE CONSTITUANTE BOARD, 1956-1959

2019 ◽  
Vol 2 ◽  
pp. 155-174
Author(s):  
Heri Herdiawanto ◽  
Valina Singka Subekti
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
The State ◽  
Islamic State ◽  
Basic Group ◽  
Constituent Assembly ◽  
Library Research ◽  
The One ◽  
The Relationship

This study examines Hamka's political thinking about Islam and the State in the Basic State debate that took place in the Constituent Assembly 1956-1959. Hamka belongs to the basic group of defenders of the Islamic state with Mohammad Natsir in the Masyumi faction, fighting for Islamic law before other factions namely the Nationalists, Communists, Socialists, Catholics-Protestants and members of the Constituent Assembly who are not fractured. Specifically examines the issue of why Islam is fought for as a state basis by Hamka. and how Hamka thought about the relationship between Islam and the state. The research method used is a type of library research with literature studies or documents consisting of primary and secondary data and reinforced by interviews. The theory used in this study is the theory of religious relations (Islam) and the state. This study found the first, according to Hamka, the Islamic struggle as the basis of the state was as a continuation of the historical ideals of the Indonesian national movement. The second was found that the constituent debate was the repetition of Islamic and nationalist ideological debates in the formulation of the Jakarta Charter. Third, this study also found Hamka's view that the One and Only God Almighty means Tauhid or the concept of the Essence of Allah SWT. The implication of this research theory is to strengthen Islamic thinking legally formally, that is thinking that requires Islam formally plays a major role in state life. The conclusion is that Indonesian society is a heterogeneous society in terms of religion. This means that constitutionally the state recognizes the diversity of religions embraced by the Indonesian people and guarantees the freedom of every individual to embrace religion and realize the teachings he believes in all aspects of life. Hamka in the Constituent Assembly stated that the struggle to establish a state based on Islam rather than a secular state for Islamic groups was a continuation of the ideals of historical will.

PEMBAHARUAN HUKUM ISLAM DI MESIR DAN SUDAN: STUDI KOMPARASI

2021 ◽  
Vol 2 (3) ◽  
pp. 1
Author(s):  
Asrizal Saiin ◽  
Hasbi Umar ◽  
Hermanto Harun
Keyword(s):  
Qualitative Research ◽  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
Western Civilization ◽  
Normative Approach ◽  
Western Imperialism ◽  
Secondary Data Source ◽  
Data Source

This paper discusses how the renewal of Islamic law occurred in Egypt and Sudan. This study uses a qualitative research method with a normative approach. The data source used in this study is a secondary data source, because it only examines the literature or literature. From the results of this study, it can be understood that the role of the countries of Egypt and Sudan in fighting for qanunization (taqnin) and the formalization of Islamic law is very large. Even though they have to go through the challenges of Western imperialism and secularism, so that Islamic societies and countries have variations in responding to Western civilization today. The renewal of Islamic law in Egypt and Sudan occurred because of the struggle of Muslims in Egypt and Sudan with the rulers of the Islamic world, between secularism and Islamic law.

scholarly journals PELINDUNGAN HUKUM TERHADAP MEREK TERKENAL (WELL-KNOWN MARK) ATAS PASSING OFF PADA DIGITAL PLATFORM MARKETPLACE

2020 ◽  
Vol 8 (11) ◽  
pp. 1688
Author(s):  
Karenina Aulia Puti Chaidir ◽  
Ranti Fauza Mayana ◽  
Tasya Safiranita Ramli
Keyword(s):  
Data Collection ◽  
Legal Protection ◽  
Secondary Data ◽  
Passing Off ◽  
Digital Platform ◽  
Normative Approach ◽  
Library Research ◽  
Digital Disruption ◽  
Data Collection Technique ◽  
Full Protection

Adanya fenomena disrupsi digital menyebabkan praktik passing off tidak hanya ditemukan dalam pasar konvensional namun juga dalam perdagangan elektronik, yaitu pada bentuk digital platform marketplace. Penelitian ini bertujuan untuk, pertama, mendapatkan pemahaman mengenai pelindungan hukum merek terkenal terhadap passing off atas merek terkenal pada digital platform marketplace di Indonesia. Kedua, mendapatkan pemahaman mengenai tindakan hukum yang dapat dilakukan pemilik merek terkenal terhadap pedagang dan penyedia digital platform marketplace terhadap passing off pada digital platform marketplace. Penelitian ini berbentuk deskriptif-analitis yang menggunakan pendekatan yuridis-normatif serta menganalisis data dengan metode normatif-kualitatif. Teknik pengumpulan data yang dilakukan yaitu studi kepustakaan dengan mengakaji data sekunder. Hasil penelitian menunjukkan bahwa berdasarkan Undang-Undang No. 20 Tahun 2016 tentang MIG dan Undang-Undang-Undang No. 19 Tahun 2016 tentang Perubahan Atas Undang-Undang No. 11 Tahun 2008 tentang ITE, pemilik merek terkenal memiliki pelindungan hukum atas praktik passing off yang dilakukan dalam digital platform marketplace dan dapat melakukan tindakan-tindakan seperti mengajukan gugatan ganti rugi dengan memohon ganti rugi baik materil maupun immateril serta dapat mengajukan gugatan kepada Pengadilan Niaga sebagai bentuk ultimatum remedium. Namun untuk mendapatkan pelindungan lebih komprehensif pemilik merek terkenal haruslah mendaftarkan mereknya terlebih dahulu dan juga sebelum mengajukan gugatan dapat melakukan pengaduan kepada masing-masing digital platform marketplace. The phenomenon of digital disruption causes the practice of passing off not only found in conventional markets but also in electronic commerce, which is a digital platform marketplace. This research aims to, first gain an understanding of the legal protection of well-known marks against passing off on the digital platform marketplace in Indonesia and second, gains an understanding of legal actions that can be done by well-known marks owners towards traders and digital platform marketplace providers towards passing off on the digital platform marketplace. This research is in the form of descriptive-analytical using a juridical-normative approach and analyzing data with normative-qualitative methods. The data collection technique used is library research by assessing secondary data. The results showed that based on Law No. 20 of 2016 on Marks and GI and Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 on EIT, it said that the owner of well-known marks has legal protection for the practice of passing off carried out in the digital platform marketplace and can take actions such as filing a claim for compensation by requesting compensation both material and immaterial and can file a lawsuit to the Commercial Court as a form of ultimatum remedium. In order to have full protection, the owner of the well-known mark must register the trademark first and also before filing a lawsuit can make a complaint to each digital platform marketplace.

scholarly journals Implementasi Pertimbangan Hakim dalam Mengabulkan Permohonan Penetapan Wali Adhal Untuk Melaksanakan Perkawinan Menurut Hukum Islam (Studi Putusan Nomor 0055/ Pdt. P/ 2019/PA.Mt)

Wajah Hukum ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 245
Author(s):  
Baharudin Baharudin
Keyword(s):  
Research Method ◽  
Field Research ◽  
Secondary Data ◽  
Primary Data ◽  
Library Research ◽  
Data Collecting ◽  
Marriage Contract ◽  
The Guardian ◽  
Legal Marriage ◽  
Research Analysis

Marriage must meet the requirements and harmony, one pillar that must be met is the marriage guardian. The existence of a guardian in a marriage contract is a must and is not a legal marriage agreement that is not carried out by the guardian. The guardian is placed as a pillar in marriage according to the agreement of scholars in principle. The problem in this research is how is the formal law in the stipulation of Metro Religious Court Number 0055 / Pdt P / 2019 / PA.Mt regarding the application of guardian application? and what is the basis for the judge's judgment (material law) in deciding on the Establishment of the Metro Religious Court Number 0055 / Pdt P / 2019 / PA.Mt regarding the application of a guardian?. The research method uses a normative and empirical juridical approach. The type of data used is secondary data and primary data. Collecting data through library research and field research. Analysis of the data used is qualitative juridical.

scholarly journals TAUHID DALAM PENDIDIKAN ISLAM MENURUT MUHAMMAD ABDUH DAN RASYID RIDHA

QATHRUNÂ ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 91
Author(s):  
Asep Muqofi
Keyword(s):  
High Education ◽  
Spiritual Development ◽  
Research Method ◽  
Secondary Data ◽  
Islamic Education ◽  
Positive Behavior ◽  
Primary Data ◽  
Primary Data Source ◽  
Library Research ◽  
Data Source

The purpose of this research is 1) the value of tawheed in education according to Muhammad Abduh; 2) the value of tawheed in education according to Rasyid Ridha; 3) the equation and difference in the value of monotheism in Islamic education according to Muhammad Abduh and Rasyid Ridha. The research method used is library research research (library research). The primary data source in this study is the Book of Tafsir al Manar by explaining the thought of learning Tawheed from two influential figures, while the secondary data in this study are books, journals, papers, articles or other sources that do not discuss directly but still have something to do with this research. The findings of this study, according to the two figures, that thinking rationally in achieving a misfortune must be adjusted to the current situation so that new interpretations by opening the door of ijtihad, instilling noble morals, clean souls, accompanied by high education can make faith stronger, form The mindset of a child who gives birth to positive behavior while at the same time realizing a pious person who will achieve happiness in the afterlife, this will form a person who has a balanced mental structure that not only emphasizes the development of reason but also spiritual development so that signs of the greatness and oneness of God materialized and integrated.

scholarly journals Syariat Islam dan Kemaslahatan Manusia di Era New Normal pada Kegiataan Keagamaan dan Pendidikan

FENOMENA ◽  
2020 ◽  
Vol 12 (1) ◽  
pp. 89-106
Author(s):  
Mukran H. Usman ◽  
Aswar Aswar ◽  
Andi Wahyu Irawan
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Human Life ◽  
Religious Activities ◽  
Educational Activities ◽  
Face To Face ◽  
Normative Approach ◽  
It Impacts ◽  
Library Research ◽  
The Government

Shari'a is a rule or law that is sourced from Allah Ta'ala to be a guide to human life so that it impacts on the benefit of life, both personally and socially. The Shari'a of Allah Ta'ala, everything is benefit and there is no evil, although sometimes it is considered bad by humans, but in essence is good for humans themselves. This study aims to explore the harmony of Islamic law on the benefit of humans in the midst of the Covid-19 outbreak. The details are aimed at giving explanations and religious insights that are washatiyah (moderate) from a number of suggestions in the form of a prohibition or restriction by the government regarding religious activities and education carried out face to face when the Covid-19 outbreak occurred. The research method used is the library research method with a phenomenological and normative approach. The issues studied are sourced from literacy which has a relation to the focus of the research, obtained from reading turats, research results and others. The results showed that the government's prohibition on termination and restriction in religious and educational activities during the Covid-19 period, such as: restrictions on religious and educational activities carried out face-to-face, were cases permitted in the Shari'a for human benefit.

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