scholarly journals Pro Kontra Pengaturan Pencegahan dan Penanganan Kekerasan Seksual di Perguruan Tinggi: Tinjauan Perspektif Hukum Islam

2021 ◽  
Vol 4 (2) ◽  
pp. 103-115
Author(s):  
Muhammad Akmal Rizki Rivaldi ◽  
Anisa Fernanda ◽  
Baidhowi Baidhowi
Keyword(s):  
Islamic Law ◽  
Ministry Of Education ◽  
Legal Method ◽  
Pros And Cons ◽  
The Government ◽  
Education Culture

The government through the Ministry of Education, Culture,Research, and Technology issued Ministerial Regulation No. 30 of 2010 to deal with and preventsexual violence. However, the regulation has many pros and cons in the community. One of themis the polemic of the use of the phrase "without the consent of the victim" which is considered thelegalization of adultery, immoral intercourse, and free sex which has the potential to damage thenation's character and morals and is contrary to social and religious norms, especially the Islamicreligion. This article aims to review these regulations which contain elements of legalizingadultery, immoral acts, and free sex in the perspective of Islamic law. By using a descriptiveanalytical approach as a result of the normative legal method, it can be concluded that Islamiclaw with its source of Islamic law, namely the Qur'an, forbids just approaching adultery,committing adultery, let alone legalizing it.

scholarly journals Strengthening Halal Tourism Based on Prophetic Islamic Law through The Historical Social Inference of the Sasak, Samawa and Mbojo

2018 ◽  
pp. 168
Author(s):  
Nurjannah S ◽  
Rina Rohayu H ◽  
Khudzaifah Dimyati ◽  
Absori Absori
Keyword(s):  
Islamic Law ◽  
Legal Analysis ◽  
Local Identity ◽  
Legal Concept ◽  
Local Identities ◽  
Legal Method ◽  
Sociological Jurisprudence ◽  
Halal Food ◽  
Islamic Identity ◽  
The Government

The legal paradigm of halal tourism which is being built by the government West Nusa Tenggara Province is based on oriental characters, civilization, and culture with the main scheme to attract the world Muslim tourists. The development of legal paradigm of character-and-civilized-based tourism is important in order to establish local identity of a particular area, which is now declining. This paper aimed to discus legal concept of halal tourism based on Islamic prophetic through social historical inference of Sasak, Samawa, and Mbojo ethnic groups. This research used legal analysis method of sociological jurisprudence and prophetic legal method with integrated-interconnected approach through the procedure of social historical interference. The finding revealed there is a convergence of Islamic prophetic values and social historical values of Sasak, Samawa, and Mbojo reflected in the patterns of halal food, social relation, clothes, economy, and the like. Common philosophy of Sasak, Samawa, and Mbojo, that is “adat bersendi syara’, syara’ bersendi kitabullah” (tradition is based upon sharia, sharia is based upon the Book of Allah) supports the Islamic identity that has provided a foundation for the issuance of halal regulation and the accommodation of character and civilized based local identities through local friendly entities.

scholarly journals Tinjauan Hukum Islam Pada Edaran Pemerintah dan MUI Dalam Menyikapi Wabah Covid-19 Setelah Pemberlakuan New Normal

2021 ◽  
Vol 7 (1) ◽  
pp. 393
Author(s):  
Cholisa Rosanti
Keyword(s):  
Research Method ◽  
Large Scale ◽  
Islamic Law ◽  
New Normal ◽  
Historical Approach ◽  
The Public ◽  
Normative Approach ◽  
The World ◽  
Pros And Cons ◽  
The Government

This study discusses the Covid-19 virus that is spreading in the world and its handling from the government and MUI after the implementation of new normal according to Islamic law. The government implements a large-scale social restrictions system (PSBB) or social distancing to break the chain of the spread of the covid-19 virus. The government has implemented new normal rules. MUI has issued a notice numbered Kep-1188 / DP-MUI / V / 2020 concerning new normalcy that will be applied by the government such as reopening places of worshipaccording to the health protocol. Nevertheless, this circular is a pros and cons for some people. The purpose of this study is to help the public understand whether the government and MUI circulars in tackling the plague after applying the new normal according to the Shari'a or actually contrary to Islamic Sharia. The research method is the study of literature literature with a normative approach and historical approach. The results of the study showed that the rules imposed by the government and MUI in dealing with the outbreak of Covid-19 pacsa new normal did not disregard Islamic law.

Comparative analysis of the composition and quality of nutrition of students in some secondary schools in Darkhan, Mongolia

2020 ◽  
pp. 43-47
Author(s):  
M Oyuuna ◽  
N Bolormaa ◽  
B Oyuubuzhin
Keyword(s):  
Secondary School ◽  
Caloric Content ◽  
Ministry Of Education ◽  
Primary School Students ◽  
School Students ◽  
The Government ◽  
Education Culture ◽  
Lunch Program ◽  
The City

The government of Mongolia is implementing a "Lunch program". In 2018, the Ministry of Education, Culture, and Science and the Ministry of Health adopted a joint order stating that the caloric content of school meals should be 15% of the daily norm, and the caloric content of daily lunch should be 268 calories. In 2019, this program involved 788 primary school students from 288,177 secondary school students in the city and rural area of Darkhan (Mongolia). The analysis of the composition of dishes and products of real lunch in a number of schools was made. The portions and the caloric content of the products and the entire lunch were determined.

scholarly journals Hal-Hal yang Mendasari Penerapan Kurikulum 2013

Humaniora ◽  
2014 ◽  
Vol 5 (1) ◽  
pp. 97
Author(s):  
Rusliansyah Anwar
Keyword(s):  
Basic Education ◽  
Integrative Model ◽  
Successful Implementation ◽  
Ministry Of Education ◽  
Literature Study ◽  
New Curriculum ◽  
Teachers And Students ◽  
Art And Culture ◽  
Pros And Cons ◽  
The Government

Eventhough there were pros and cons about a new curriculum, in the early academic year of 2013-2014 the Ministry of Education and Culture made an arrangement of new curriculum 2013. The curriculum would be done in classification (step by step) for basic education (elementary and secondary school) and also middle education. This study aims to get some information about the reason of the curriculum was designed. Moreover research used literature study to learn and understand the reason about government’s decision to implement the curriculum. The results showed that the curriculum is essentially an effort to simplify the curriculum using thematic-integrative model and emphasizing on natural, social, art, and culture phenomena. The emphasis is to enhance the ability of learners (students) to observe, ask, use their reason and communicate (present) their knowledge after receiving learning materials at school. Nonetheless, there are some things that should have serious attention from the government, which, if they are not anticipated, become obstacles to the successful implementation of the curriculum 2013. These things include training of the teachers and other education personnels to implement the curriculum 2013, the availability of handbook for teachers and students, as well as the governance readiness in education unit-level. 

scholarly journals SOCIAL DISTANCING UPAYA PENCEGAHAN PENYEBARAN COVID-19 PERSPEKTIF MAQASHID AL-SYARIAH

2020 ◽  
Vol 8 (01) ◽  
pp. 125
Author(s):  
Zezen Zainul ali
Keyword(s):  
Islamic Law ◽  
Muslim Community ◽  
Religious Activities ◽  
Legal Rules ◽  
The Public ◽  
The Social ◽  
The World ◽  
Pros And Cons ◽  
The Government ◽  
Over Time

Pandemic COVID-19 has shocked the world the number of victims of this virus has also reached a high number, even in Indonesia the spread of this virus has spread over time, meeting the fallen victims saved, keep moving to prevent this virus, one can find by appealing to the public to do social ditance that is spending distance with others and avoiding the crowd, to asking the government to issue such as working from home, eliminating activities that involve many people to spend religious activities, this is a lot of pros and cons in the community, of course, the Muslim community, the reason is that social appeals are reinforced, there are no legal rules in Islam either in the Koran and Hadith. This study uses literature data that is analyzed qualitatively. and will discuss the law of the social using maslahah theory which maslahat is the goal of Islamic law (maqshid al-shariah).

The Application of Islamic Law in Indonesia: Between Opportunities and Challenges

2015 ◽  
Vol 4 (1) ◽  
pp. 45-64
Author(s):  
Djawahir Hejazziey
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Real Life ◽  
The State ◽  
Structural Power ◽  
Pros And Cons ◽  
The Government ◽  
Textual Meaning

Essentially, the application of Islamic law in Indonesia has a huge opportunity. Undeniably, there remain challenges, both from within (Muslims) and from outside (other than Muslims). The great and tremendous challenges come from Muslims themselves. Muslims do not want Islamic law in Indonesia upright. The reason is the government is also unwilling because of the existing legal system and dissimilarity of attitude, understanding, practice of Muslims and Islamic leaders of Al-Quran and Al-Hadith, especially in relation to politics. It is likely to continue in line with the dynamics of Muslims in the state and nation. Pros and cons of Muslims against the application of Islamic law, including the unwillingness of groups against Islamic approach to structural (power) and Islamic cultural (culture), will raise the difficult and impossible application of Islamic law in Indonesia. Therefore, for most Muslims, the teachings should be reinterpreted beyond the textual meaning and application in real life.

scholarly journals PEMIDANAAN KEBIRI TERHADAP PELAKU KEJAHATAN SEKSUAL KEPADA ANAK PERSPEKTIF HAK ASASI MANUSIA DAN HUKUM ISLAM

2021 ◽  
Vol 14 (2) ◽  
pp. 191-208
Author(s):  
Ahmad Jamaludin ◽  
Sayid Mohammad Rifqi Noval
Keyword(s):  
Human Rights ◽  
Quantitative Analysis ◽  
Child Protection ◽  
Research Method ◽  
Islamic Law ◽  
Child Victims ◽  
Chemical Castration ◽  
Sexual Crimes ◽  
Pros And Cons ◽  
The Government

Sexual crimes in Indonesia have become increasingly worrying, especially against children, efforts to protect child victims by the government with Perpu No.1 of 2016 which has been passed into Law Number 17 of 2017 concerning child protection. This Perpu provides for additional regulations with castration for sexual crimes against children. The making of this policy was tinged with pros and cons because it was not in accordance with the objectives of punishment and Islamic law. The research method used is normative juridical with quantitative analysis. The purpose of this research is to see the view of the purpose of the punishment of chemical castration which is released to perpetrators of sexual crimes and to see and explain the Islamic legal views of the act of castration. The results of this study are First, the implementation of castration is an act of violence and contrary to the 1945 Constitution, namely Article 28 G paragraph 2 and Article 33 paragraph 1 of Law No. 39 of 1999 concerning Human Rights. Both Islamic Laws do not speak in writing about castration. The castration penalty stipulated in Law 17 of 2016 is a prohibition which is categorized as a punishment for takzir, because it is made by the state or leaders to overcome sexual crimes against children. The conclusion of this research is that first, castration punishment is a punishment that can violate human rights. Second, castration punishment in Islam is categorized as takzir punishment.

PENDIDIKAN BERBASIS BUDAYA (Presfektif Pemikiran H.A.R. Tilaar)

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
AGUNG KURNIAWAN DJIBRAN
Keyword(s):  
Content Analysis ◽  
Text Book ◽  
Interactive Process ◽  
National Education ◽  
Teachers And Students ◽  
The Government ◽  
Education Culture ◽  
Education Opportunity ◽  
Education Concept ◽  
Education Process

AbstractH.A.R. Tilaar emphasizes to the importance of education based on culture, because education is process of culture. Therefore, between the education and culture has been greatly relation, because the education is not able to be separated from culture that has reflected and grown up dynamically in Indonesian society.The purpose of this research is to determine how the education based on culture according to H.A.R. Tilaar’s perspective. The object of this research was H.A.R. Tilaar’s Perspective which concerns to the education based on culture.The approach of this research was literature review. The source of the data were a text book written by H.A.R. Tilaar and other literatures related to this research. The technique of analyzing data were the content analysis of the text book written by H.A.R. Tilaar and other literatures.The result of this research are : (a) H.A.R. Tilaar conceptualizes the education as an culturing processes; (b) the education process is an culturing process through the interactive process between teachers and students; (c) it is necessary to the Government of Indonesia to correct the National education concept by proposing several aspects such as ; (1) the basic value of education; (2) to notice the function of sociological education; (3) the relation between culture and education; (4) the education as The Agent ofChange, and (5) to get the equalization of education opportunity; and (d) to grow up the creative and adaptive thinking toward education phenomenawhich always move dynamically in the environment of the Indonesian community which has its complexity.Keyword: Education, Culture.

Hukum Denda dalam Keuangan Publik Islam di Indonesia

2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz
Keyword(s):  
Islamic Law ◽  
The State ◽  
Mutual Benefit ◽  
State Budget ◽  
The People ◽  
The Status ◽  
The Government

Fines are sanctions or punishments that are applied in the form of the obligation to pay a sum of money imposed on the denial of a number of agreements previously agreed upon. There is debate over the status of fines in Islamic law. Some argue that fines may not be used, and some argue that they may be used. In the context of fines for delays in payment of taxes, in fiqh law it can be analogous to ta'zir bi al-tamlīk (punishment for ownership). This can be justified if the tax obligations have met the requirements. Whereas according to Islamic teachings, fines can be categorized as acts in order to obey government orders as taught in the hadith, and in order to contribute to the realization of mutual benefit in the life of the state. As for the amount of the fine, the government cannot arbitrarily determine fines that are too large to burden the people. Penalties are applied as a message of reprimand and as a means to cover the lack of the state budget.

Pelaksanaan Peraturan Pemerintah No. 9 Tahun 1975 dalam Perspektif Sosiologi dan Antropologi Hukum Islam

2018 ◽  
Vol 1 (2) ◽  
Author(s):  
Muchimah MH
Keyword(s):  
Social Environment ◽  
Government Regulation ◽  
Islamic Law ◽  
Marriage Law ◽  
Anthropological Perspective ◽  
Government Regulations ◽  
The Social ◽  
The Government

Government Regulation No. 9 of 1975 related to the implementation of marriage was made to support and maximize the implementation of Law No. 1 of 1974 which had not yet proceeded properly. This paper examines Government Regulations related to the implementation of marriage from the perspective of sociology and anthropology of Islamic law. Although the rules already exist, some people still carry out marriages without being registered. This is anthropologically the same as releasing the protection provided by the government to its people for the sake of a rule. In the sociology of Islamic law, protection is a benchmark for the assessment of society in the social environment. Therefore the purpose of this paper is to find out how the implementation of marriage according to PP. No. 9 of 1975 concerning the Marriage Law in the socio-anthropological perspective of Islamic Law.

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