The Concept and Implementation of Economic Policy According to Islamic Law

The economy has improved very rapidly in the digital age. The birth of various policies that actually do not consider the religious side, which only cares about profit. This becomes a challenge in providing a factual answer to the conception of economic policy that is in line with economic principles in accordance with Islamic law.So, it is very urgent to re-explore the conception and implementation of economic policies outlined in Islamic law. The study is a conceptual study by conducting a literature review. This study focuses on theories related to the concept of economic policy in the perspective of Islamic law.The findings in this study indicate that economic policies in Islamic law have been stipulated in the Islamic texts which substantially prohibit policies that use people's property, criminalizing policies. Economic policies that are in accordance with Islamic law are policies that are fostering in increasing economic development.This economic policy has long been practiced by the Prophet (pbuh) and his companions during the period ofkhulafaurasyidin as a way to improve the economy with policies that are relevant to the objectives of the Islamic texts. The implication of this finding is that in carrying out economic policies always consider economic policies that are in line with the provisions of the Quran and hadith.

An Analysis of Judges' Considerations in Making Decision About the Case of Application for Marriage Dispensation After the Enactment of Law Number 16 of 2019 Concerning Marriage

After the enactment of Law no. 16 of 2019 concerning marriage which substantially regulates the age of marriage. The increase in the age of marriage regulated in the law has become a polemic in the community, so to obtain their rights, a marriage dispensation is proposed. The application for Marriage Dispensation has become a polemic, because the community has not been able to adapt, so with many reasons the judge can grant the request.Therefore, it is urgent to reveal the judge's considerations as a result of the judge's decision on marriage dispensation. This research is a qualitative field research in the field of law. The research location focuses on the study of judges' considerations in applying for a marriage dispensation at Watampone Religious Court.The approach used in this research is a normative juridical approach, an empirical juridical approach and a sociological juridical approach. The analysis used is descriptive qualitative, with the aim of collecting data, described or described in the form of sentence exposure in accordance with the formulation of the problem. The research findings show that judges in examining and adjudicating marriage dispensation cases are carried out based on the Republic of Indonesia Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation.The judge's consideration in making decisionof application for a marriage dispensation emphasizes a persuasive approach and considers the benefit. The implication of this finding is that in the case of dispensation, it should be considered carefully, for the sake of the continuity of the marriage relationship.

Comparative Study: The Concept of Legitimate Children in The Perspective of Positive Law and Islamic Law

The interpretation of legal children is endless to discuss, considering that various problems continue to color the dimensions of marriage. Marriage issues that cannot be separated from turmoil to vent interest without obeying religious norms and applicable laws. As a result, it gives birth to a view of the validity of the relationship through informal marriage or that it is not at all bound by the bonds of marriage.Therefore, the indicators of legitimate children are interesting to discuss, in order to get factual answers to the criteria for legitimate children in state law and Islamic law. This study is classified as a literature review that examines the normative juridical and theological aspects. This research is explanatory by examining various laws and regulations relating to children.The summarized data will be analyzed using qualitative analysis and relevant to the theoretical aspects. The findings in this study are that the legitimate child under positive law is determined by the legality of marriage and if the child is out of wedlock still oriented to the legality of marriage. Meanwhile, in Islamic law, it is stipulated as a legitimate child if born from a legitimate marriage, if a child outside of marriage must have a span of six months between the marriage contract and the birth of a child.The implication of this finding is that legally married is the way to give birth to the best generation, because the consequences of illegitimate marriage will adversely affect the generation that was born.

Child Care and Protection in Perspective of Legislation, Human Rights and Islamic Law

The empirical reality regarding the issue of care and protection for children is still a global concern. It is necessary to find rules regarding the protection and care of children. Comparing several rules in legislation, human rights and Islamic law in strengthening the position of children as human beings who must receive care and protection. This research is a literature review with a normative juridical approach. Examining various literatures by focusing on aspects of laws and regulations related to care, child protection, human rights and Islamic law. The techniques of analysis used were descriptive and comparative. The findings of this study indicate that child care and protection falls into the category of fulfilling human rights. Child protection is in line with the universal principles of human rights and has a legal umbrella and the power to obtain care and protection. However, the existing regulations have not been maximally implemented. In Islamic law, children have a very high guarantee of protection, this is included in the category of caring for children as the goal of sharia (maqashid syari'ah). The implication of this finding is that the protection of children's rights cannot be negotiated, because the state and religion have provided protection, so what must be enforced is the supervision of the fulfillment of children's rights.

The Effect of Service Quality on Customer Loyalty at BRI Syariah Bank Bone Office Branch: A Review of Law Number 8 of 1999 concerning Consumer Protection

This study was conducted to analyze and determine the effect of Service Quality Variables on customer loyalty in BRI Syariah Bank Bone Office Branch. This study juxtaposes the quality of customer service in banking institutions with the level of customer loyalty. In addition, the two variables are examined with the conception of consumer protection as regulated in Law number 8 of 1999. This study uses qualitative research methods and the analysis used is SPSS 20. The analysis test includes a normality test that analyzes parametic statistics, and a regression coefficient test is used to determine the effect of service quality on customer loyalty. The results obtained by the regression equation Y = 1,082 + 0,255 + ε. Based on a simple linear regression test, it shows that service quality has a positive and significant effect on customer loyalty in BRI Syariah Bank Bone Office Branch. The positive influence shows a match between service quality and customer loyalty; hence the role of service can increase customer loyalty. The relation to consumer protection regulated in Law no. 8 of 1999 concerning Consumer Protection, maximum service in its various forms is the basic rights that consumers deserve, and this has been obtained by customers of BRI Syariah Bank Bone Office Branch, thus it is relevant to consumer protection and customer service.

Parenting Styles During the Covid-19 Pandemic: A Conception of Islamic Family Law

The covid-19 pandemic situation has led to many changes in living conditions and various activities that are mostly carried out at home in order to reduce and prevent the chain of transmission of the corona-19 virus. This study aims to provide an illustration of the role of parents at home during the Covid-19 pandemic situation by providing the rights that must be given to children by correlating them with the concept of childcare in Islamic family law. The urgency in education studies in the review of Islamic family law is to emphasize the position of parents who are not only responsible for providing a living, including in matters of success in education. This is a conceptual study, which seeks to explore the concept of childcare that is built in Islamic family law. The findings in this study indicate that childcare according to Islamic family law in the covid-19 pandemic situation, namely: 1) teaching children to do good and keep away from badness, this is done by way of parents giving examples and accompanying children when learning, 2) Parenting with affection, this care is done by providing safety and guidance to children, 3) Fulfilling the needs of children. In the conception of Islamic family law it is known as hadanah rights or child care which is widely understood, both in terms of livelihood to children's intelligence. The implication of this finding is that during the pandemic, parents have a significant role, in addition to living needs, parents are also required to ensure children's intelligence through the fulfillment of education.

CHILDREN'S RIGHTS BEFORE THE LAW: A ROLE OF LOCAL GOVERNMENT IN THE CHILD PROTECTION SYSTEM

Protection of children's rights before the law has been regulated in Law No. 11 of 2012 concerning the child protection system and is specifically followed up in the Local Regulation of Bone Regency No. 1 of 2014. Children's inability in legal matters makes the State provide protection to children in conflict with the law. Legal protection for children is the obligation of the State as a mandate of the 1945 Constitution. The problem that arises is that cases of children dealing with the law continue to increase, so it is important to see the form of the role of the government in giving rights to children in conflict with the law. This research is a normative empirical study with a normative juridical legal research approach. Analyzing legal theories and statutory regulations, comparison of laws (comparison approach). The findings of this study indicate that children who are in conflict with the law, the government has provided diversion protection, namely protection at the level of the judicial process, investigation and prosecution. The position of diversion is given by the government to children as victims, perpetrators and witnesses in criminal acts. Local governments in providing productive protection for children in trouble by providing educational and economic assistance. The implication of this finding shows that children are the generation of the nation who deserve protection from the State, even though these children are in conflict with the law.

DOMESTIC VIOLENCE AS A CAUSE FOR DIVORCE: ARE THERE EFFORTS FOR MEDIATION?

Mediation as an alternative to dispute resolution has been integrated in court. Further provisions for mediation as a process that must be carried out are further regulated in the Supreme Court Regulation No. 1 of 2016 concerning mediation procedures in court. This means that cases filed in court including cases of divorce on the grounds of domestic violence are obliged to undergo mediation. This research is a normative legal research that focuses on solving legal problems by providing a basis for theoretical argumentation and adequate concepts. Sources of data in this study came from primary, secondary and tertiary legal materials. The findings of the study indicate that in cases of divorce on the grounds of domestic violence, they still take the path of mediation. This is stated in the Supreme Court Regulation No. 1 of 2016 which requires mediation in civil cases, even in the Supreme Court Regulation states that in the resolution of a civil case a judge does not take mediation, it is considered to have violated the law. Divorce cases on the grounds of domestic violence cannot be categorized as a criminal act, if the filing process is a civil process (divorce), it is different when the wife makes a complaint (complaint offense) and/or an ordinary offense which results in a violation of the Abolition of Domestic Violence. However, divorce cases are considered civil and processed according to other civil cases and on the grounds of domestic violence they still go through mediation. Keywords: Mediation; Divorce; Violence; Household.

THE SIMILARITY OF THE MEDINA CHARTER AND THE INDONESIAN CONSTITUTION IN HUMAN RIGHT’S PROTECTION

The movement that wants to make an Islamic constitution still threatens Indonesia. This movement is exacerbated by the misunderstanding that the Medina Charter was proof of the obligation for Muslims to establish an Islamic state as was done by the Prophet Muhammad. In fact, the Medina Charter regulates more about the protection of human rights (HAM) for every citizen regardless of religious background.This study aims to examine the position of the Medina charter as an argument for the establishment of the state and the similarity between the Indonesian constitution and the spirit of protecting human rights in the Medina charter. This research is a literature review by examining classical and modern references relevant to the establishment of the state and the Medina Charter. The finding in this research is that the Medina charter is a legal product at the time of the Prophet Muhammad (pbuh). Muslims are not obliged to establish a form of Islamic State and a constitution that is exactly the same as what was done by the Prophet Muhammad (pbuh). In substance, the Medina Charter is a symbol of peace, tolerance and moderation. Thus, philosophically, the spirit of the Medina charter has been embodied in the Indonesian constitution which has prioritized the peace and welfare of the people. The implication of this finding is that there is no necessity for the establishment of an Islamic State. Without declaring an Islamic constitution, the 1945 Constitution accommodates the spirit of protecting human rights which is in line with the Medina charter.