scholarly journals The Role of Jurisprudence as Form of Legal Prescriptions: a Case Study of Notaries in Indonesia

2021 ◽  
Vol 17 ◽  
pp. 75-80
Author(s):  
Irfan Iryadi ◽  
Teuku Syahrul Ansari ◽  
Jumadil Saputra ◽  
Teuku Afrizal ◽  
Ahmad Syauqi Thirafi

As a primary source of law, jurisprudence is a reference in constituting legal prescriptions for notaries in their works as public officials. Due to strengthening jurisprudence in the Indonesian legal system, jurisprudence cannot be ignored by the notary officeholders. Therefore, the main issue is whether jurisprudences have a role in constituting legal prescriptions for notaries in their works as public officials or not. This study was designed using a qualitative approach. Data analysis was conducted in a deductive-qualitative approach with a writing model carried out by "writing in contexts. The results showed that state law (laws) is the primary legal basis for doing authentic deeds by notaries. The implementation of the law must take precedence to achieve the goal of legal certainty in doing authentic deeds. As a result of strengthening the role of jurisprudence in Indonesia, notaries should also attend to the existence of jurisprudence. The purpose of enforcing jurisprudence by the notary is as an effort to (i) fill the legal avoidance, (ii) complete the applicable legal procedures, (iii) become a legal prescription for notaries, (iv) become a source of positive law, (v) keep abreast of legal developments in society, (vi) serve as test material for notaries and (vii) get a new legal construction that replaces the old legal concept. In conclusion, jurisprudence is one of the sources of law which must also be considered and paid attention to by notaries.

INFERENSI ◽  
2016 ◽  
Vol 10 (2) ◽  
pp. 517
Author(s):  
Agus Waluyo

The purpose of this research is to analize the Islamic Bank Commitment to implementation of fatwa Sharia National Board that has been transformed into positive law. The design of this study is qualitative approach. This field research using qualitative approach with data from interviews with the banks. The result shows that the fatwa related to Islamic banks that has been transformed into positive law can be used as a legal basis to be obeyed. The results showed that the Islamic Bank commitment to implementation of fatwa Sharia National Board has not been effective and efficient. The functions of sharia by the director of compliance to all employees of Islamic bank normatively has been implemented in accordance with the principles of compliance, the compliance culture, management risk, and the values. The role of Sharia Supervisory Board in sharia compliance monitoring system has been implemented but not optimal.


2020 ◽  
Vol 6 (1) ◽  
pp. 55-72
Author(s):  
Atik Kurniawati

This paper departs from the issue of the hidden curriculum that occurred during the last 10 years. Hidden curriculum is the practice of school education that contributes to education. Previous studies discuss the role of the state, the role of the school and the teacher's role in the practice of hidden curriculum separately.While in this paper, the researchers wanted to demonstrate the practice of hidden curriculum in a comprehensive manner by using thought Henry Giroux. This research is a case study with a qualitative approach. This research was conducted in 2019 by conducting in-depth interviews, observation and documents. The findings in this study (1) there is a contestation of values ​​due to differences in ideology trustees and teachers that are implemented in the practice of hidden curriculum, (2) The practice of hidden curriculum is done by the board of trustees behind the development of a formal curriculum, and carried out by the teacher to maintain the old identity through daily practices, (3) impacted on the delay on student achievement, because it is generally the practice of hidden curriculum support the practice of the formal curriculum, but the opposite what happened.. advice in this study is need to agree and trust between the board of trustees and school teachers in order to get maximum achievement.


2021 ◽  
Vol 13 (3) ◽  
pp. 1705-1714
Author(s):  
Chusnul Muali ◽  
Moh Rofiki ◽  
Hasan Baharun ◽  
Zamroni Zamroni ◽  
Lukman Sholeh

This study aims to describe Sufistic-based Kiai leadership's role in shaping Santri character at the Pesantren Nurul Jadid Paiton Probolinggo. This research is a case study qualitative approach, with Kiai as the subject. We collected data using interview, documentation, and observation techniques, then analyzed using reduction techniques, presenting data, and drawing conclusions. The results showed that the Sufistic-based Kiai's leadership had an essential role in fostering the character of the Santri. The study results indicate that the Sufistic-based Kiai leadership has a vital role in promoting the surface of the Santri. Kiai is a person who gives influence in building character with Uswah (Modelling). This study also found that the factors that influence low morale are that Santri has a common understanding of the latest technological developments. In Sufistic-based leadership, there are four things that a leader must possess: 1) The Tawasuth, 2) The nature of I'tidal, 3) The Tawazun, and 4) The Tasamuh.


2020 ◽  
Vol 6 (3) ◽  
pp. 568
Author(s):  
Arum Fatmawati ◽  
Raditya Sukmana

This research aims to test the role of zakat to reduce poverty in the East Java period 2015-2017 by using the index that was recently developed, Basic Needs Deficiency Index. The research method used is qualitative approach with case study strategy. This research formulated BNDI index to measure the deficiency and effectiveness of zakat in resolving poverty. Data required is the total population that its income was below the poverty line in every city of East Java, and also total zakat, which was distributed by BAZNAS East Java in every city of East Java. The results obtained from the BNDI calculation have been able to explain the effectiveness of zakat for reducing poverty and inequality in East Java. The result of calculation, which was a high value or approaching value 1, explains that zakat that was distributed by BAZNAS East Java is not effective in reducing poverty in East Java. Furthermore, the result of this research shows that some cities had the highest BNDI and lowest BNDI as well. Hopefully, this result could be considered to use by the policymaker to improve the effectiveness of zakat in reducing poverty.Keywords: Zakat, Poverty, Basic Needs Deficiency Index (BNDI)


2021 ◽  
Vol 7 (20) ◽  
pp. 202127
Author(s):  
Chirles da Silva Monteiro ◽  
Gutemberg Armando Diniz Guerra

EDUCATION AND PEASANT RESISTANCE IN THE PARAENSE AMAZONIAEDUCACIÓN Y RESISTENCIA CAMPESINA EN LA AMAZONIA PARAENSERESUMOEste artigo é fruto dos apontamentos da pesquisa de mestrado desenvolvida no Programa de Pós-Graduação em Agriculturas Amazônicas (PPGAA) da Universidade Federal do Pará – UFPA. Aborda os desafios da luta pela terra no Sudeste Paraense, refletindo sobre o papel da educação nesse processo. Ele aponta a educação que permeia o cotidiano das pessoas, como elemento que fortalece a resistência política dos camponeses, por isso, não está apenas relacionada à conquista da terra, mas também, à permanência na mesma e à mudança da qualidade de vida nos acampamentos e assentamentos. O artigo é resultado de um estudo de caso, desenvolvido no Acampamento Sem Terra, denominado de Dalcídio Jurandir, localizado no Sudeste Paraense e encaminhado por uma abordagem qualitativa. Entende-se que o movimento social busca uma educação que dê conta de compreender as circunstâncias vividas a partir de suas contradições sociais, tendo a mesma lógica de resistência do campesinato, porque é nele que ela tem sua raiz histórica. Trata-se de uma educação que antecede à escola e vai muito além dela.Palavras-chave: Educação; Luta pela Terra; Resistência Camponesa.ABSTRACTThis article is the result of the master's research notes developed in the Postgraduate Program in Amazon Agriculture (PPGAA) of the Federal University of Pará – UFPA. It addresses the challenges of the struggle for land in Southeast Pará, reflecting on the role of education in this process. This paper points out the education that permeates people's daily lives, as an element that strengthens the political resistance of the peasants, therefore, it is not only related to the conquest of the land, but also to the permanence in it and to the change in the quality of life in the encampments and settlements. The article is the result of a case study, developed at the agrarian reform camp, called Dalcídio Jurandir, located in Southeast Pará and guided by a qualitative approach. It is understood that the social movement seeks an education that is able to understand the circumstances experienced from its social contradictions, having the same logic of resistance as the peasantry, because it has its historical roots in it. It is an education that precedes school and goes far beyond it.Keywords: Education; Struggle for Land; Peasant Resistance.RESUMENEste artículo es el resultado de las notas de investigación de maestría desarrolladas en el Programa de Posgrado en Agricultura Amazónica (PPGAA) de la Universidad Federal de Pará – UFPA. Aborda los desafíos de la lucha por la tierra en el sureste de Pará, reflexionando sobre el papel de la educación en este proceso. Señala la educación que permea la vida cotidiana de las personas, como un elemento que fortalece la resistencia política de los campesinos, por lo tanto, no solo se relaciona con la conquista de la tierra, sino también con la permanencia en ella y con el cambio de la tierra. Calidad de vida en los campamentos y asentamientos. El artículo es el resultado de un estudio de caso, desarrollado en el Campamento Sem Terra, llamado Dalcídio Jurandir, ubicado en el sureste de Pará y guiado por un enfoque cualitativo. Se entiende que el movimiento social busca una educación que sea capaz de comprender las circunstancias vividas desde sus contradicciones sociales, teniendo la misma lógica de resistencia que el campesinado, porque tiene en ella sus raíces históricas. Es una educación que precede a la escuela y la va mucho más allá.Palabras clave: Educación; Lucha por la Tierra; Resistencia Campesina.


Author(s):  
Muh Khoirul Anam ◽  
Haris Santoso

Financial institutions are currently needed by all people because financial institutions are considered to be quicker in providing business capital loans. Previously, conventional banks were the only financial institutions operating in the financial sector or loans to the community before Islamic financial institutions, now with the development of financial institutions sharia society mostly prefers sharia finance rather than conventional, plus BMT which operates in the middle to lower class, this is what causes many people to take Islamic financial institutions because they prioritize family systems, so this study focuses on: 1). How is the application of murabahah financing at BMT As-Salam to brick businesses in the Ngreco Kandat Kediri village, 2). What is the role of murabahah financing at BMT As-Salam towards brick business in the Ngreco Kandat Kediri village, 3). How did the brick business increase in the Kandat Kediri Ngreco village after obtaining murabahah financing at BMT As-Salam. Research on the role of murabahah financing in brick business uses a descriptive qualitative approach with a type of case study research that refers to the interpretive postpositivistic thinking paradigm. The technique of collecting data is in-depth interviews, observation and documentation. The results of this study indicate that the application of murabahah financing at BMT As-Salam is very different where loans for business capital of bricks that should use mudharabah or musyarakah at BMT These salads use murabaha. Besides that the role of BMT As-Salam is very influential on brick business and before BMT As-Salam arrived, brick entrepreneurs still had difficulty finding capital to improve their business but after taking murabahah financing at BMT As-Salam, their efforts experienced an increase and prosperity life.


Author(s):  
Muhammad Anas Ma`arif ◽  
Ibnu Rusydi

AbstractThe purpose of this study was to describe and analize the implementation of holistic education in Amanatul Ummah Islamic Boarding School which is exploring in the terms of educational objectives, curriculum, learning methods, educators and evaluation. This study was uses qualitative approach research with the type of case study. That was describing and analyzing the implementation of holistic education in the Amanatul Islamic Boarding School. Implementation of holistic education in the Amanatul Ummah boarding school were carried out in a strict, responsible and disciplined manner while carrying out all things. The whole educational process from several elements includes: 1) Educational Objectives: the purpose of education in general is to form a whole human being with moral character while specifically covering. Becoming a cleric, a conglomerate, the nation's leader, and be a professional in every fields. 2) curriculum that implemented by using an integrative curriculum between the national curriculum and the standard of Al-Azhar Egypt’s curriculum. 3) Educators are demanded to be professional and has excellent personalities for being a role of models for santri. 4), the methods that applied was various, including traditional methods and contemporary methods. 5). Evaluation: the evaluation was carried out every week, monthly, semester, and yearly. All educational elements are evaluated to realize the Islamic Boarding School's vision and mission. AbstrakPenelitian ini bertujuan untuk mendeskripsikan dan menganalisis implementasi pendidikan holistik pesantren Amanatul Ummah yang dieksplorasi dari segi tujuan pendidikan, kurikulum, metode pembelajaran, pendidik dan evaluasi. Penelitian ini menggunakan penelitian pendekatan kualitatif dengan jenis studi kasus, yaitu mendeskripsikan dan menganalisis implementasi pendidikan holistik di Pesantren Amanatul Ummah Mojokerto. Hasil penelitian Implementasi pendidikan holistik di pesantren Amanatul Ummah Mojokerto dilaksanakan dengan ketat, bertanggung jawab dan disiplin dalam melaksanakan segala hal. Penerapan proses pendidikan secara utuh dari beberapa elemen meliputi: 1). Tujuan pendidikan secara umum adalah membentuk manusia utuh yang berakhlakul karimah sedangkan secara khusus meliputi. Menjadi ulama`, menjadi konglomerat, menjadikan pemimpin bangsa, menjadi profesional di bidangnya. 2) kurikulum yang diimplementasikan menggunakan kurikulum integratif antara kurikulum nasional dengan kurikulum muadalah berstandar Al-Azhar Mesir. 3) Pendidik dituntut untuk profesional dan memiliki kepribadian yang mantap agar menjadi teladan bagi santri. 4), metode yang diterapkan bervariasi meliputi metode tradisional dan metode kontemporer. 5). Evaluasi: pelaksanaan evaluasi dilakukan setiap mingguan, bulanan, per semester, dan tahunan. Semua elemen pendidikan dievaluasi untuk mewujudkan visi-misi pesantren.


2021 ◽  
Vol 5 (2) ◽  
pp. 1161-1171
Author(s):  
Alifatuz Zahro

The impact of the modernization era on elementary and Kindergaten children can be seen from the intensity of children playing with gadgets, and the low level of literacy in children. This is the background for the presence of the Oemah Dolan organization. This study aims to identify and describe Oemah Dolan's programs and the role of Oemah Dolan in increasing reading interest in children in Kedongdong Village. This study uses a descriptive-qualitative approach with the analysis technique of Miles and Huberman. The results of this study indicate that Oemah Dolan has several programs, namely: book stalls, reading, fun learning, and creativity week.


2022 ◽  
pp. 318-336
Author(s):  
Germain Miteu Tshinu

The third theme of the book seeks to understand the role of mineral resources in the African continent's socio-economic development. The case study of the DRC is used to understand the role played by the state-owned mining company Gecamines to socio-economic conditions of employees and the country's development at large. Resource curse and realism theories are utilised in this case study to unpack the role of mineral resources to Gecamines employees' access to education and healthcare in particular and to the entire country in general. The chapter employed a case study design with a qualitative approach research in its endeavour of exploring Gecamines' socio-economic contribution to its employees. Semi-structured interviews were conducted with Gecamines' managers, unskilled mine workers, and the Provincial Department of Mines' officers.


2014 ◽  
Vol 48 (1) ◽  
pp. 118-124 ◽  
Author(s):  
Laura Cavalcanti de Farias Brehmer ◽  
Flávia Regina Souza Ramos

The study aimed at understanding the implications of the teaching-service integration to nursing education from the perspective of teachers, students and professionals in Primary Healthcare as well as identifying the roles of teachers and professionals who follow practical experiences in education. This is a case study of qualitative approach carried out in five undergraduate courses in Nursing in the state of Santa Catarina. A total of 22 teachers and 14 professionals were interviewed and five focus groups were conducted with students. Results are presented in two categories: Implications of the teaching-service integration to education in Nursing: contributing factors and intervening factors and Relationships established in the experiences: a unison speech and a dissonant practice. The contributions of the teaching-service integration are undeniable. Despite this belief, there are intervening factors that need to be on the agenda for discussion. The role of facilitator in education emerged strongly despite conflicting perceptions remain.


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