Pemahaman Guru Terhadap Standar Isi Sekolah Lanjutan Tingkat Pertama Kota Bandung

This study aims to explain a comparative analysis of the content standards among 5 PAI teachers (Teacher of Islamic Education) and 5 Non PAI teachers (Not the Teacher of Islamic Education), and to find out the legal basis for the content standards and then note on each indicator appears. The method used in this research is the descriptive quantitative method. The population of this research is Junior (Islamic) High School (SMP/MTS) in Bandung. The data collection techniques applied in this research are observation, questionnaire, documentation, and data analysis. Retrieval of data and observation which used is google form that was distributed to 5 PAI teachers and 5 Non-IRE (Islamic Religious Education) teachers. The result of collecting authentic data and data triangulation through interviews with teachers and through comparative data analysis between IRE and Non-IRE shows that from 5 points presented by the researcher, PAI is superior in 3 points, while Non-IRE is superior in 2 points.

Ideal Concept of Traditional Justice in Solving Criminal Case

Customary law is an unwritten rule that lives in the customary community of an area and will continue to live as long as the community still fulfils the customary law that was passed on to them from their ancestors before them. Settlement in criminal cases through customary law that produces results is a form of legal certainty. This study aims to determine the ideal concept in resolving criminal cases through customary courts in Merauke Papua. The method used in this study is a combination of normative legal research and empirical legal research with the reason that the author wants to examine the norms related to the problem of resolving customary criminal cases and seek direct information on the implementation of customary justice in Merauke Regency which is presented descriptively. recognition of customary courts must be stated in writing in the law on judicial power so that this institution has a clear legal basis and its decisions can be recognized so that it does not need to be tried again through national courts, criminal threats under five years must be resolved through customary courts and are final decisions Received: 23 August 2021 / Accepted: 25 October 2021 / Published: 3 January 2022

Determination of confiscation of evidence of data in cyber crime

The social order in the digital era is increasingly diverse through interaction and communication using high-tech devices. However, this often causes violations and disturbances to public order and harms others (cyber crime). Based on the background above, there is problem formulation in this research, namely what is the legal basis for determining data confiscation in cyber crime and what the mechanism for data confiscation in cybercrime is. The type of research used is normative, namely seeing and analyzing from the point of view of legislation and applicable norms, especially those related to the problems in this research. The result of discussion is that the legal basis for data confiscation in cyber crime is referring to Law no. 11 of 2008 concerning Information and Electronic Transactions (ITE). This law contains regulations regarding the management of information and electronic transactions at the national level, with the aim that information technology development can be carried out optimally, evenly, and spread to all levels of society in order to educate the nation's life, while the mechanism for confiscation of data in cyber crime begins with electronic data in the form of writing, images and sound or all three are intangible and cannot be seen/heard.

TEORI ADAT DALAM QOWAID FIQHIYAH DAN PENERAPANYA DALAM HUKUM KELUARGA ISLAM

One of the five major fiqhiyah rules that has a broad scope of discussion branches is Al-'adah muhakkamah. This rule is built on the basis of adat and local wisdom that exists in every community, where this custom is continuously carried out by the community without any denial of them. In fact, individuals who violate these customs will be considered as foreigners. Therefore, Islam makes the customs of the community as a legal basis as long as it fulfills the requirements set by the Shari'a. This paper aims to examine the rules of fiqhiyah "al-'âdat muhakkamah" in general and its implementation in the field of the Islamic family. This type of research is qualitative which relies on the analysis of data obtained from classical and contemporary literature. The results of the study suggest that al-'adah is something that occurs repeatedly which is accepted by common sense and human nature. The theory can also be a judge or legal determinant as long as it does not conflict with the Shari'a or does not go out of the way of maqosid sharia. The rule of al-'Adah muhakkamah can also be implemented as a judge in the field of Islamic family law both classical and contemporary. Abstrak Salah satu dari lima kaidah fiqhiyah besar yang memiliki cakupan cabang pembahasan yang luas adalah Al-‘adah muhakkamah. Kaidah ini dibangun atas landasan adat dan kearifan lokal yang ada pada setiap komunitas masyarakat, dimana adat ini secara kontinu dilakukan oleh masyarakat tanpa adanya pengingkaran dari mereka. Bahkan justru individu-individu yang menyelisihi adat tersebut akan dianggap sebagai orang asing. Oleh sebab itu, Islam menjadikan adat komunitas masyarakat sebagai landasan hukum selama memenuhi persyaratan-persyaratan yang ditetapkan oleh syariat. Tulisan ini bertujuan untuk mengkaji kaidah fiqhiyah “al-‘âdat muhakkamah” secara umum serta implementasinya dalam bidang keluarga Islam. Jenis penelitian ini adalah kualitatif yang bertumpu pada analisis data yang diperoleh dari literatur-literatur klasik dan kontemporer. Hasil penelitian mengemukakan bahwa al-‘adah merupakan sesuatu yang terjadi secara berulang-ulang yang diterima oleh akal sehat dan fitrah manusia. Teori juga dapat menjadi hakim atau penentu hukum selama tidak bertentangan dengan syariat atau tidak keluar dari jalur maqosid syariah. Kaidah al-‘Adah muhakkamah juga dapat di implementasikan sebagai hakim dalam bidang hukum keluarga Islam baik klasik maupun kontemporer.

Law on Asset Recovery for Corruption in Indonesia: An Urgent Need

Corruption is an organized crime, so that its existence is required to complete the law not only for the perpetrators but also for the results of acts of corruption which are often not found with a track record of all assets of corruption. This study aims to examine legal products in Indonesia regarding the seizure of assets resulting from criminal acts of corruption. Philosophically, the existence of criminal acts of corruption is a form of state responsibility to eradicate because there is not yet a strong legal basis to regulate the mechanism of confiscation effectively in the enforcement of corruption. This research method uses normative juridical with conceptual legal approach with qualitative descriptive research type. The results of this study can be concluded that the urgency of the establishment of the Draft Law on the confiscation of assets resulting from acts of corruption is to change the legal paradigm in law enforcement of criminal acts of corruption which is not only focused on perpetrators of corruption but assets resulting from criminal acts of corruption can be returned based on the amount of losses suffered by the perpetrators of corruption. country. The effectiveness of the law with the formation of these legal products closes the gaps that have so far arisen so that it triggers the existence of criminal acts of corruption.

Istidlal Batalnya Wudlu (Perspektif Imam Hanafi dan Imam Syafi’i)

<p><em>This study aims to determine 1) How is Istidlal (the process of searching for and using arguments) to invalidate ablution according to Imam Hanafi and Imam Syafii and 2) What are the factors that cause the difference of opinion between Imam Hanafi and Imam Shafii regarding the cancellation of ablution. The research method used in this study is descriptive qualitative with a comparative approach that compares the opinions of two scholars about the cancellation of wudlu. The research results obtained are: 1) Istidlal: Imam Hanafi's istidlal regarding the cancellation of ablution was inspired by analogues and qiyas, because he was nicknamed "ahlu alra'yu", while Imam Shafi'i's istidlal regarding the cancellation of ablution is to look for the rules and ushul of the problem of canceling wudlu, then after finding him combine it with a valid argument or basis and this is also chosen from a valid argument. 2) Factors: The factors that cause differences of opinion between Imam Hanafi and Imam Shafi'i regarding the cancellation of ablution are the time or era factor, the scientific factor possessed, the legal basis used, the search for a legal basis in determining the law, and the experience factor.</em></p><p>Penelitian ini bertujuan mengetahui, 1) <em>Istidlal</em> (proses pencarian dan penggunaan dalil) batalnya wudlu menurut Imam Hanafi dan Imam Syafii dan 2) Faktor-faktor apakah yang menyebabkan perbadaan pendapat antara Imam Hanafi dan Imam Syafii tentang batalnya wudlu. Adapun metode penelitian yang digunakan dalam penelitian ini adalah Kualitatif deskriptif dengan pendekatan komparatif yang membandingkan pendapat dua ulama tentang batalnya wudlu. Hasil penelitian yang diperoleh adalah1)<em>Istidlal</em> Imam Hanafi tentang batalnya wudlu diilhami dengan analog dan qiyas, karena beliau dijuluki <em>”ahlu alra’yu”,</em>sedangkan <em>istidlal</em> Imam Syafi’i tentang batalnya wudlu yaitu dengan mencari kaidah-kaidah dan ushul dari permasalahan batalnya wudlu, kemudian setelah ditemukan beliau memadukan dengan dalil atau dasar yang dan ini pun dipilih dari dalil yang sahih. 2) Faktor-faktor yang menyebabkan perbedaan pendapat antara Imam Hanafi dan Imam Syafi’i tentang batalnya wudlu adalah faktor masa atau zaman, faktor Keilmuan yang dimiliki, faktor dasar hukum yang digunakan, faktor pencarian dasar hukum dalam menetapkan hukum, dan faktor Pengalaman.</p><p><em><br /></em></p>

The Use of Necessitas Non Habet Legem and Wederspanningheid in Law Enforcement for Covid-19 Vaccination in Indonesia

The majority of scientific research in the world agrees that vaccination is a vital instrument that aims to solve the problem of the Covid-19 pandemic. In achieving this goal, the government is trying to ensure that vaccinations run as they should. Even though it is regulated in laws and regulations, the enforcement of vaccination law is not easy to implement. This article aims to examine the formulation of the legal basis that can ensure effective enforcement of vaccination law in Indonesia. By using normative legal research, this study aims to answer several problems. First, is vaccination a right or obligation for every citizen? Second, what are the legal bases that can be used to enforce the vaccination law in Indonesia? Third, what is the state’s responsibility for adverse events following vaccination in return for the vaccination obligation? This article provides a view that the principle of emergency reason does not know the law (necessitas non habet legem) can be an indicator of a shift in vaccination status which was originally only a right to become obligation. In addition, the wederspanningheid article in the Criminal Code (KUHP) regarding resistance to officers carrying out state obligations can be the legal basis for enforcing vaccination law. Furthermore, the enforcement of vaccination law must also go hand in hand with the state’s responsibility for adverse events following vaccination. Responsibilities can be in the form of vaccine testing, treatment, care, and court lawsuits if there is a default or unlawful act.

Pastoral Care for Migrants. Canonical and Religious Related Legal Requirements on Asylum and on the Change of Religion

Refugees and migrants have always been of particular concern to the Roman Catholic Church and its pastoral care. Even if the large influx of refugees happening in 2015 and 2016 is no longer the case, flight and migration are still relevant topics in Austria. The contribution deals with the historical development of canonical regulations, the situation of refugees and migrants in Austria, the legal basis, the implementation of asylum procedures and numbers, the statements of the Austrian Bishop’s Conference, the access to a Church or religious community and converting from one to another, the question of the Catholic Church’s necessity of salvation, regulations concerning catechumenate and the question of church asylum. It provides figures, data and facts, presents the canonical and state legal situation and analyses it. It tries to make weak points obvious and would like to provide help for future considerations.

DEFAULT IN OF LEGAL AID COLLABORATION AGREEMENT BETWEEN ADVOCATES AND REGIONAL GOVERNMENTS OF CENTRAL BENGKULU REGENCY

This study aimed to determine and analyze the implementation of the cooperation contract between the Regional Government of Central Bengkulu Regency and advocates in the field of providing legal aid and to find out and analyze the settlement in the event of a dispute in the implementation of a cooperation contract between the Regional Government of Bengkulu Tengah Regency and an advocates in the field of providing legal aid. This research was an empirical research and the data analysis used was qualitative with deductive-inductive thinking method. The results showed that the cooperation contract between the Regional Government of Bengkulu Tengah Regency and advocates in the field of providing legal assistance was carried out through a written agreement. The legal basis for the cooperation contract was based on Article 9 letter a and b of Law Number 16 of 2011 concerning Legal Aid, specifically stipulated by the Decree of the Regent of Central Bengkulu Number 3 of 2013 concerning the Stipulation of Advocates/Lawyers in the Context of Resolving Legal Problems for Civil Servants/Apparatus in the Regional Government of Central Bengkulu Regency in 2013 and all costs in the implementation of the cooperation contract for the provision of legal assistance were borne by the Regional Government of Central Bengkulu Regency through Number DPA 1.20 (1.20.03) .20.09.5.2. Whereas the obstacles in implementing the cooperation contract between the Regional Government of Central Bengkulu Regency and advocates in the field of providing legal assistance included the payment of honorariums to lawyers who were often late or paid once every three months, as a result lawyers could not carry out their duties and functions properly. The settlement of these obstacles by both parties agreed to do non-litigation, which was negotiations, so that the cooperation agreement would not be broken.