scholarly journals Reorientation of Approaches in Indonesian Customary Law Studies

2020 ◽  
Vol 1 (1) ◽  
pp. 1-33
Author(s):  
M. Syamsudin ◽  
Journal Manager APHA
Keyword(s):  
Secondary Data ◽  
Academic Community ◽  
Customary Law ◽  
Study Approach ◽  
Legal Studies ◽  
Left Behind ◽  
Study And Teaching ◽  
Western Law ◽  
Object Of Study ◽  
Adat Law

This paper is intended to describe some approaches in studying the Indonesian Adat Law. From the exposure is expected to provide various perspectives in studying the sides of Indonesian Adat Law that is used as the object of study of legal scholars today. The current issue of Indonesian Adat Law studies shows a very distressing and lagging state when compared to other legal studies such as Western Law. This situation indicates how Indonesian Adat Law will be left behind and will likely be alienated from the academic community in the future. The problem is allegedly caused by among others the lack and freezing of existing materials and the absence of unity of theme and orientation of study. This paper is intended as an effort to respond to the situation, namely the effort to provide direction and contribution of thought and further development of the study and teaching of customary law which is still ongoing in the faculties of law in general. This study is considered a study of doctrinal law with reference to secondary data. Secondary data collected were processed in a non-statistic, analyzed descriptively-qualitative, and presented narratively based on the topic of the problem studied. The results of this study indicate the need for the Indonesian Adat Law study approach within the framework of Indonesian national jurisprudence. The object of study of this approach is the idea of Adat Law that was born and started since the Indonesian Youth Congress in 1928, which in its development has spawned Pancasila and the 1945 Constitution as the basis and constitution of the independent Indonesian state. In this development Adat Law is essentially an escalation of the values and principles of local adat law into the values and principles of law that serve as the basis of the framework of Indonesian National Law. Therefore, it is necessary to approach Indonesian national jurisprudence in studying Adat Law.

scholarly journals Penerapan Alternatif Akad Pembiayaan Haji dan umrah Pasca Peraturan Menteri No 24 Tahun 2016 Pada Bank Panin Dubai Syariah Surabaya

2018 ◽  
Vol 2 (1) ◽  
Author(s):  
Fitrotu Aini
Keyword(s):  
Financial Services ◽  
Government Regulation ◽  
Islamic Law ◽  
Secondary Data ◽  
Study Approach ◽  
Left Behind ◽  
Secondary Data Source ◽  
The Government ◽  
The Cost ◽  
Financial Agreement

ABSTRACTHajj as a great symbol of worship. Hajj is the fifth pillar of Islam which is mandatory for every Muslim who are able to da it in accordance with the legal requirement of pilgrimage. One of the legal conditions of Hajj is the capability, capable to cover the cost of the hajj and the family left behind. Panin Bank Dubai Sharia Bank was established based on the regulation of Limited Company No. 12 dated January 8, 1972 by Moeslim Dalidd, a notary in Malang. PT. Bank Panin Dubai Syariah Tbk has been legalized by the Financial Services Authority ("OJK"), in accordance with a copy of the policy of the Board of Commissioners of OJK No. Kep-29 / D.03 / 2016 on July 26, 2016.Therefore, through this research, the writer wants to understand: (1) how is the practice of applying alternative financial agreement of hajj and umrah after the implementation of regulation made by ministry of religious affair No. 24 year 2016 at Panin Bank Dubai Syariah Surabaya branch? (2) What is the analysis of Islamic law on the practice of multilateral contract alternative application in this Bank? Therefore, this study is aimed to, firstly, understand and describe the application of alternative contracts to hajj and umrah after the regulation of Ministry of Religious Affairs No. 24 of 2016 in Panin Bank Dubai Sharia branch Surabaya, and to describe the analysis of Sharia Economic Law about the practice of applying alternative contract in the bank.The method used in this research is qualitative method. The research data are taken in natural situation in Panin Bank Dubai Syariah Surabaya. The data are taken during operational hours using case study approach. Are done through interview technique with the main participant, Assistant Manager 1, and document, archive, book, sample of registration, as secondary data source. The data are analyzed through 3 (three) data deduction, display data and ended with conclusion and verification.The results of the study indicate that the Panin Bank Dubai Sharia runs in accordance with the government regulation No. 24 year 2016 "BPS BPIH is prohibited from providing direct and indirect Hajj money service" including Hajj and Umrah services using various financing products and funds saving, funds collecting in the form of deposits, savings or other forms, using multi-service financing akad wadi'ah, with the savings of hajj services with initial minimum deposit of Rp500,000,and according to customers’ ability. Keywords: hajj, umrah, wadi'ah.

scholarly journals Penguatan Masyarakat Hukum Adat dalam Undang-Undang Nomor 6 Tahun 2014 Tentang Desa dari Perspektif Kajian Yuridis

2018 ◽  
Vol 2 (3) ◽  
pp. 74-104
Author(s):  
Mulyanto
Keyword(s):  
Indigenous People ◽  
Local Governments ◽  
Legal Status ◽  
Secondary Data ◽  
Customary Law ◽  
Political Will ◽  
Legal Subject ◽  
Analysis Techniques ◽  
Object Of Study ◽  
The Village

Tujuan dari penelitian ini untuk mendeskripsikan penguatan masyarakat hukum adat dalam Undang-Undang Nomor 6 Tahun 2014 tentang Desa. Metode penelitian yang digunakan adalah metode hukum normatif yang bersifat deskriptif. Penelitian ini menempatkan sistem norma dalam Undang-Undang Nomor 6 Tahun 2014 tentang Desa sebagai objek kajian. Penelitian ini menggunakan data sekunder yang terdiri dar bahan hukum primer dan bahan hukum sekunder. Teknik analisis data secara kualitatif dengan menggunakan theoritical interpretatif dengan menafsirkan data yang dikumpulkan berdasarkan teori sebagai kerangka berpikir. Hasil penelitian menunjukkan bahwa pengakuan masyarakat hukum adat telah dijamin dalam Konstitusi baik itu UUD 1945 Pra Amendemen maupun UUD 1945 Pasca Amendemen. Penguatan Masyarakat Hukum Adat dalam UU No. 6 Tahun 2014 tentang Desa dengan menganut asas rekognisi yang merupakan asas pengakuan dan penghormatan negara terhadap kesatuan masyarakat hukum adat berupa otonomi komunitas. Implikasinya terjadi peningkatan status hukum dari kesatuan masyarakat hukum adat menjadi desa adat dengan status sebagai subjek hukum. Kebijakan penguatan masyarakat hukum adat tersebut secara formil masih membutuhkan political will pemerintah daerah dan inisasi Masyarakat Hukum Adat untuk mengikuti prosedur menjadi Desa Adat. The objective of research to describe the understanding of indigenous people in Act No. 6 of 2014 concerning the village. The method used is the method descriptive normative law. This study puts the system of norms in Act No. 6 of 2014 on the village as an object of study. This study uses secondary data consisting dar primary legal materials and secondary law. Qualitative data analysis techniques using interpretative theoritical to interpret the data collected under the theory as a framework. The results showed that the recognition of indigenous people has been guaranteed in the Constitution is the Constitution of 1945 Before the Amendment and the Constitution of 1945 After the changes. Strengthening indigenous people in uUndang Act No. 6 of 2014 with the principles of recognition which is a principle of recognition and respect for the state of the law community unit in the form of community autonomy. The implication an increase in the legal status of customary law community unit into a traditional village with its status as a legal subject. Strengthening public policy formally customary law still requires the political will of local governments and the initiation indigenous people to follow the procedure becomes a traditional village.

Analisis Kinerja Keuangan Perusahaan dengan Menggunakan Pendekatan Economic Value Added (EVA) dan Market Value Added (MVA) (Studi Kasus pada PT Astra International, Tbk. Periode Tahun 20082012)

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Abdul Hamid
Keyword(s):  
Financial Performance ◽  
Financial Services ◽  
Stock Price ◽  
Economic Value ◽  
Composite Index ◽  
Value Added ◽  
Secondary Data ◽  
Study Approach ◽  
Market Value Added ◽  
The Interest Rate

This study is a qualitative study using a case study approach to the PT. Astra International, Tbk. The object of this research is PT. Astra International, Tbk. PT. Astra International, Tbk is a company engaged in six business sectors, namely: automotive,financial services, heavy equipment, mining and energy, agribusiness, information technology, infrastructure and logistics. Researchers chose PT. Astra International, Tbk as research objects due in the year 2012, PT. Astra International, Tbk managed to rank first in the list of 100 Best Companies to Go Public by the 2011 financial performance of Fortune magazines Indonesia. The data used in this research is secondary data, the financial statements. Astra International, Tbk 20082012. Other secondary data used is the interest rate of Bank Indonesia Certificates (SBI), the Jakarta Composite Index (JCI), and thecompanys stock price began the year 20082012. This study aims to determine the companys financial performance by the use of EVA and MVA approach, therefore the data analysis technique used is the EVA and MVA. Based on the value EVA of the year 2008 2012, PT. Astra International, Tbk has good financial performance that managed to meet the expectations of the company and the investors. Based on the value of MVA during the years 20082012, PT. Astra International, Tbk managed to create wealth and prosperity for companies and investors. It concluded that financial performance. AstraInternational, Tbk for five years was satisfactory.

Strengthening Agriculture Value Chain through Collectives: Comparative Case Analysis

2021 ◽  
pp. 097300522199143
Author(s):  
Sneha Kumari ◽  
Nisha Bharti ◽  
K. K. Tripathy
Keyword(s):  
Value Chain ◽  
Action Theory ◽  
Secondary Data ◽  
Comparative Case Study ◽  
Collective Actions ◽  
Case Study Approach ◽  
Study Approach ◽  
The Board Of Directors ◽  
Market Linkage

Indian agriculture has always been less profitable. Several factors contribute to the low profitability in agriculture, but less value addition, weak value chain system and weak market linkage are some of the most important factors. Producer companies are helping small farmers to emerge in the market. The farmer producer organisations (FPOs) linked with the producer companies are the best example of collective actions. The collective actions for the agriculture value chain (AVC) have resulted in a decrease in the cost and an increase in revenue. FPO and producer company find a good place in the underpinning theory of collective action theory. This study examines various successful examples of strengthening AVC through cooperatives and tried to identify various factors responsible for the success of these collectives. This study has adopted a case study approach. Three successful cases, that is, Vasundhara Agriculture Horticulture Producer Company Ltd: a multi-state FPO, Abhinav Farms Club and Sahyadri Farmer Producer Company have been selected for the case study based on their successful interventions for strengthening the agriculture value chain. Primary and secondary data has been collected through telephonic interviews from the board of directors, chairman and the members of the FPO. Both primary and secondary data have been collected to compare the three cases for AVC models. The data has been analysed using a comparative case study approach. The parameters of AVC have been identified using the Delphi technique. The study has found that collective actions have helped the farmers to strengthen the agriculture value chain. The study also concluded that leadership played an important role in defining the success of the FPOs. The study brings out future directions to excel in AVC through collectives.

Ambiguities of Colonial Law: the Case of Muhammadu Aminu, Former Political Agent and Chief Alkali of Kano

2009 ◽  
Vol 36 ◽  
pp. 17-52
Author(s):  
Philip Atsu Afeadie
Keyword(s):  
Rule Of Law ◽  
Islamic Law ◽  
Customary Law ◽  
Religious Leader ◽  
Political Agent ◽  
Judicial Administration ◽  
Western Law ◽  
Political Agents ◽  
Productive Systems ◽  
Colonial Government

Colonial law in Africa involved European moral and legal codes representing some rules of western law, as well as elements of African customary law. However, the colonial situation embodying political and economic domination necessarily negated the ideal practice of the rule of law. Nevertheless, the need arose to introduce some aspects of western law and codes of administration, including salary and benefits schemes for African employees of the colonial government, and legal entitlements such as court trials for accused government employees. These considerations were deemed necessary, if at least to propitiate metropolitan critics of the colonial establishment. Also some rule of law was required for the organization of the colonial economy, including regulation of productive systems and commercial relations. As well, the need for indigenous support necessitated dabbling in indigenous customary conventions. In Muslim polities such as Kano in northern Nigeria, customary conventions included Islamic law.On the establishment of colonial rule in Kano, judicial administration was organized on three principal institutions, involving the resident's provincial court, the judicial council (emir's court), and the chief alkali's court in Kano City with corresponding district alkali courts. The resident's provincial court had jurisdiction over colonial civil servants, including African employees such as soldiers, police constables, clerks and political agents. Also, the provincial court was responsible for enforcing the abolition of the slave trade in the region. The judicial council, classified as “Grade A” court, was composed of the emir, thewaziri(chief legal counselor), the chiefalkaliof Kano (chief judge), theimam(the religious leader of Kano mosque), thema'aji(treasurer), and general assistants including some notable scholars of Kano city. The council adopted thesha'ria(Muslim law) and local Hausa custom, and its jurisdiction extended over “matters of violence, questions of taxation and administration, and cases involving property rights, whether over land, livestock, trade goods, or slaves.” On the issue of capital sentencing, the judicial council required the approval of the resident. The council was also prohibited from authorizing punishments involving torture, mutilation, or decapitation.

CHALLENGES AND CONSTRAINTS TO ENHANCE THE ENTREPRENEURSHIP EDUCATION IN HIGHER EDUCATIONAL INSTITUTIONS OF A DEVELOPING COUNTRY: EVIDENCE FROM SRI LANKA

2020 ◽  
Vol 5 (12) ◽  
pp. 13-26
Author(s):  
T.M.A. Tennakoon ◽  
Kennedy Gunawardena ◽  
S.P. Premaratne
Keyword(s):  
Developing Countries ◽  
Sri Lanka ◽  
Education System ◽  
Action Plan ◽  
Secondary Data ◽  
Entrepreneurship Education ◽  
Sri Lankan ◽  
Study Approach ◽  
Effective Strategies ◽  
Developed Nations

This study through an exploratory approach review the challenges and constraints faced in enhancing entrepreneurship education in developing countries using Sri Lanka as a case study. Previous studies on the subject matter is very scarce and even in international journals only few papers appeared on entrepreneurship education in developing countries. The purpose of this paper is to study the current entrepreneurship education system in Sri Lankan state universities with reference to challenges and constraints and to propose an action plan to raise entrepreneurship education in Sri Lanka to be in par with that of developed nations so that these universities can act as the centerpieces of business innovations and entrepreneurship development. This paper employs an exploratory study approach by analyzing current entrepreneurship education system in Sri Lanka by reviewing secondary data such as various journals and government publications to build the arguments and recommendations outlined. Among constraints and challenges for the development of entrepreneurship education, lack of resources, lack of entrepreneurial skills in lecturers, poor stake-holder engagement, weak government policies and industry � university gap are common to most developing countries. In addition with its free education policy, Sri Lankan universities are faced with strict university entrance procedures and lack of selection of desired courses for majority of students. Findings of this study and salient suggestions will be an invaluable toolkit for policy makers to design effective strategies for entrepreneurship education in developing countries.

scholarly journals THE RESILIENCE OF WOMEN TOURISM WORKERS DURING THE Covid-19 PANDEMIC IN BALI

2021 ◽  
Vol 23 (3) ◽  
pp. 372
Author(s):  
Ni Made Ary Widiastini ◽  
Siti Annisa Silvia Rosa ◽  
Roni Ekha Putera ◽  
Gabriella Susilowati ◽  
Totok Hari Wibowo
Keyword(s):  
Good Practice ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Study Approach ◽  
Hotel Employees ◽  
Food And Beverage ◽  
Hotel Workers ◽  
Occupancy Rates ◽  
Job Termination

This study aims to determine the form of resilience of women tourism workers affected by the Covid-19 pandemic. This study uses a qualitative method with a case study approach. Data sources are primary data from interviews with various parties, including hotel owners, hotel associations and hotel employees, while secondary data sources are documentation data. Data analysis was performed using an interactive model. The spread of the corona virus globally has affected various lines of community life, including in Bali. Hotels are the tourist facilities in Bali that are most affected. The decline in tourist visits, causing hotel occupancy rates to experience a drastic drop which resulted in layoffs. The finding of this research is that job termination for female employees occurs in almost every hotel in Bali. However, the termination of employment was responded creatively. In an effort to maintain a life for themselves and their families, women who are affected by hotel employees, especially those who have worked in the food and beverage division, react by adjusting to the conditions that occur. They make various types of food that are sold online using WhatsApp, I.G. and F.B. social media. The attitude of women who are former hotel workers in the food and beverage division in Bali towards termination of employment shows that creativity is driven by the spirit of survival as a modality that needs to be supported and worthy of being a good practice as well as a model on develop women’s capacities during pandemic Covid-19 and new normal.

scholarly journals Manajemen Public Relations dan Reputasi Organisasi Lembaga Amil Zakat Dompet Dhuafa

2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Ahmad Dimyati
Keyword(s):  
Public Relations ◽  
Single Case ◽  
Program Planning ◽  
Secondary Data ◽  
Evaluation Process ◽  
Primary Data ◽  
Study Approach ◽  
Programming Process ◽  
Main Message

ABSTRAKPenelitian ini bertujuan untuk mengetahui (1) metode identifikasi masalah Public Relations pada LAZ Dompet Dhuafa; (2) proses perencanaan dan pemrograman LAZ Dompet Dhuafa; (3) strategi aksi dan komunikasi LAZ Dompet Dhuafa; dan (4) proses evaluasi program LAZ Dompet Dhuafa. Penelitian ini menggunakan metode kualitatif dengan pendekatan studi kasus eksploratif jenis single case holistic. Data primer dalam penelitian ini diperoleh melalui wawancara mendalam, sementara data sekunder bersumber dari studi pustaka dan dokumentasi. Hasil penelitian menunjukkan bahwa LAZ Dompet Dhuafa tidak melakukan riset khusus terkait perencanaan program; riset yang dilakukan hanya melalui fakta-fakta baru di lapangan melalui program-program yang sudah ada sebelumnya. Perencanaan program tematik dan nontematik LAZ Dompet Dhuafa dilakukan melalui rapat kerja tahunan, sementara pesan utama yang ingin disampaikan kepada pihak eksternal disampaikan melalui website resmi dan media sosial. Adapun evalusi program yang dilakukan tidak melibatkan publik eksternal. Kata Kunci: Manajemen Public Relations, zakat, Dompet Dhuafa ABSTRACTThis study aims to determine (1) the method of identifying problems of Public Relations at LAZ Dompet Dhuafa; (2) the planning and programming process of LAZ Dompet Dhuafa; (3) the strategy of action and communication of LAZ Dompet Dhuafa; and (4) the evaluation process of the LAZ Dompet Dhuafa program. This study uses a qualitative method with an explorative case study approach and single case holistic. The primary data in this study were obtained through in-depth interviews, while the secondary data were obtained from literature and documentation. The results of the study show that LAZ Dompet Dhuafa does not conduct specific research related to program planning; the research only carried out through new facts in the field through the pre-existing programs. The planning of thematic and non-thematic program is carried out through annual work meetings, while the main message to be conveyed to public (external) is delivered through the official website and social media. Meanwhile, the evaluation of the program did not involve the external public. Keywords: Public Relations management, zakat, Dompet Dhuafa

scholarly journals Evaluasi Kebijakan Pemerintah Pasca Bencana (Studi Kasus Bencana di Sulawesi Tengah)

2020 ◽  
Vol 9 (1) ◽  
pp. 15
Author(s):  
Ahsan Samad ◽  
Erdiansyah Erdiansyah ◽  
Rina Wulandari
Keyword(s):  
Secondary Data ◽  
Economic Conditions ◽  
Literature Study ◽  
Study Approach ◽  
The People ◽  
Time Period ◽  
And Behavior ◽  
The Impact ◽  
The City ◽  
Post Disaster

The purpose of this study is to identify and describe the impact and behavior of the community on post-disaster economic conditions in the city of Palu and to know the local government's public policies in handling these cases. Using qualitative methods with a case study approach, literature study, and secondary data processing from various social elements. In addition, data collection was carried out by interviewing informants who felt the direct impact of the earthquake, tsunami and liquefaction in Palu, Sigi and Donggala. The results showed that the post-disaster impact felt by the people of Palu City was generally in the "severe" classification. The socio-economic conditions of the people of Palu include several aspects, ranging from the geographical conditions that are in disaster-prone zones, to the extremely poor health conditions after the disaster. The conclusion of this research shows that the escalation of natural disasters in the city of Palu is considered quite large because it consists of three types of disasters, namely the Earthquake, Tsunami and Liquifation in the same time period. Palu City is the capital of the Province as well as the economic and administrative center of Central Sulawesi Province. Damage to warehousing infrastructure coupled with massive looting from unscrupulous people in logistics supply warehouses resulted in goods that were supposed to be distributed both to the city and the district finally unable to be implemented.Tujuan penelitian ini yaitu mengidentifikasi dan mendeskripsikan evaluasi dampak dan perilaku masyarakat terhadap kondisi perekonomian pasca bencana di kota Palu dan mengetahui kebijakan publik pemerintah setempat dalam menangani kasus tersebut. Menggunakan metode kualitatif dengan pendekatan  studi kasus, studi literature, dan pengolahan data sekunder dari berbagai elemen sosial. Selain itu pengambilan data dilakukan dengan cara wawacara kepada narasumber yang merasakan dampak langsung dari bencana gempa,tsunami dan likuifaksi di Palu,Sigi dan Donggala. Hasil penelitian memperlihatkan bahwa dampak pasca bencana yang dirasakan oleh masyarakat Kota Palu secara umum berada pada klasifikasi “berat”. Kondisi sosial ekonomi masyarakat kota Palu meliputi beberapa aspek, mulai dari kondisi geografis yang berada pada zona rawan bencana, kondisi kesehatan sangat memprihatinkan pasca bencana. Kesimpulan penelitain ini menujukkan bahwa eskalasi bencana alam kota Palu dinilai cukup besar karena terdiri dari tiga macam bencana yaitu Gempa Bumi, Tsunami dan Liquifasi dalam kurun waktu sama. Kota Palu merupakan ibukota Provinsi sekaligus sebagai pusat ekonomi dan pemerintahan Provinsi Sulawesi Tengah. Rusaknya infrakstruktur pergudangan ditambah dengan adanya penjarahan yang massiv dari oknum masyarakat pada gudang-gudang suplai logistik mengakibatkan barang yang semestinya didistribusikan baik ke kota ataupun ke kabupaten akhirnya tidak dapat dilaksanakan.

scholarly journals Kepemimpinan dan Penjaminan Mutu; Peran Kepala Sekolah dalam Menunjang Penjaminan Mutu SMA YP 17 Surabaya

2020 ◽  
Vol 10 (2) ◽  
pp. 209-228
Author(s):  
Usman Usman ◽  
Mohammad Baihaqi
Keyword(s):  
Quality Assurance ◽  
Community Participation ◽  
Principal Leadership ◽  
Educational Institution ◽  
Academic Community ◽  
Curriculum Management ◽  
Study Approach ◽  
Role Of Principal

The quality assurance and development of an educational institution depends on the quality of the headmaster as an educational leader. Therefore, the headmaster are required to be more creative, innovative and dynamic in line with changes in society that are increasingly fast and open. This study aims to analyze the role of principal leadership in supporting quality assurance at SMA YP 17 Surabaya. This research is a descriptive qualitative research with a case study approach. From the results of the study it can be concluded that in supporting quality assurance, the leadership of the head of SMA YP 17 Surabaya is supported by the character of strong responsibility, courage in making decisions, and participation in implementing policies. The headmaster has made several important efforts in supporting the quality assurance of the institution by developing the curriculum, human resources, infrastructure and increasing community participation. In managerial terms, the development of the quality of the institution is supported by good coordination with the academic community and the existence of togetherness in curriculum management and learning. In order for quality assurance to be more effective, the headmaster must periodically evaluate every program that has been implemented. The aim is to measure the level of success and find out the deficiencies of the program being implemented. Furthermore, the headmaster needs to conduct more massive socialization of the institution to the community. This is an effort to increase community participation in efforts to develop the quality of schools in the future.

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