THE CRIMINAL ACTION OF EXHIBITIONISM ACCORDING TO ISLAMIC CRIMINAL LAW

The result of this research is that exhibitionism actors can be caused by two factors, namely the first (internalinternal) factor, which is anfactor that comes from the actor's self which is seen from the psychological and biological side, the two (externalexternal) factors, namely thefactor. actors who can be influenced by the environment, there are no special factors that cause an exhibitionist because the causative factors depend on the condition of the actor and his environment. In Islamic Criminal Law exhibitionism is snared withpunishment, Ta'zir namely in accordance with the ijtihad judge's, the judge determines whether the perpetrator is guilty or not according to the conditions mentioned, in the Nash al-Qur'an and Hadith the punishment for exhibitionism has not been clearly regulated, because exhibitionist this is an issue that recently appeared or happened today and not yet known in ancient times because that sanctions exhibitionist according to the laws of this research includesresearch, empiricalwhereas the specification of this research is qualitative descriptiveanalysis,pedekatan main pursued is obtained through approaches with the law and approach to cases that occur in some areas. Keywords: Exhibitionist, Law Number 44 Year 2008 Pornography, Ta'zir

LIFE INSURANCE IN POSITIVE LAW AND ISLAMIC LAW IN INDONESIA

Life insurance is an agreement made by an insurance company to its customers that if the customer experiences a risk of death in his life whether in the form of an accident or due to illness, then the insurance company will provide compensation with a certain amount of money in accordance with the premiums paid for being a customer of the insurance company to heirs of the customer. Conventional Insurance and Syariah Insurance are both tasked to manage and cope with risk, it's just that in Syariah Insurance the management concept is carried out using a pattern of mutual risk between managers and participants (risk sharing) or called at takaful and at tadhamun. While in conventional insurance the work pattern is to transfer risk from the customer (participant) to the company (manager), which is called risk transfer. So that the risks regarding the participants will be fully borne by the manager.

ADVANTAGES AND RISKS OF ISLAMIC INVESTMENT

In the Islamic context, investing is highly recommended so that the future can be guaranteed. Of course, investments made by Muslims must be in accordance with Islamic rules. Investing in economy Islamic concepts will provide a sense of security and comfort for Muslim investors, without fear of deviating from Islamic teachings. As a devout Muslim, of course, investment choices must be appropriate and in accordance with the concept of Islam. The difference between conventional Islamic investment lies in the benefits given. The advantages of Islamic investment are in the form of profit sharing, while the conventional concept is interest. In the teachings of Islam, interest is haram, because it does not recognize value for money. In the view of Islam, money will not developed by itself but must go through productive and ruleful efforts. The purpose of making this paper is to discuss the advantages and risks in Islamic investment. This paper uses a literature review approach that comes from journals, books, the internet, and other sources. The results show that the advantages of Islamic investment are riba-free, minimal risk, Islamic management, halal and promoting social activities. Meanwhile, the risks that may be faced by investors are the risk of losing capital, the risk of uncertainty of return, and the difficulty of selling investment products. From the results, it was found that currently Islamic investment products are favored by non-Muslims alike. The concept of profit sharing is considered more profitable than interest. It can be concluded that Islamic rules can now be accepted by various groups of people in the world.

RIGHTS AND OBLIGATIONS OF THE GUARDIANS TO THE INHERITANCE OF MENTAL DISABLED CHILDREN

The law protects the interests of individuals under all circumstances, including children with mental disabilities in term of incapacity due to legal incompetence. Law Number 8 of 2016 concerning Persons with Disabilities. Article 5 states that the Unitary State of the Republic of Indonesia guarantees the survival of every citizen, including persons with disabilities, in this case persons with disabilities who are Muslims have a legal position and have the same human rights as Indonesian citizens and as an inseparable part of the Indonesian citizens and society. is a mandate and a gift from God Almighty, to live progressively and develop fairly and with dignity including obtaining justice and legal protection. Therefore, as a legal subject, people with mental disabilities are represented by their guardians in all their life activities. It is included in the control of the use of inheritance that is obtained. For this reason, this paper is made with a focus on the study of how the rights and obligations of guardians to the inheritance of mentally disabled children in Indonesia and global cultural relativism?

HADHANAH IN THE CONCEPT OF COMPILATION OF ISLAMIC LAW AND LAW

KHI states that hadanah for a child who is not mumayyiz or not yet 12 (twelve) years old is the right of his mother. The basis of the 12-year law is not found in the Al- Qur'an, hadits and fiqh literature. Therefore, the author conducts research to determine the hadanah in the concept of KHI and Undang-undang. This type of research is yuridis normatif. The source of this research data is secondary data. Based on the results of the study, the hadhanah rights remain with both parents even if the parents are divorced. It is mentioned in the KHI, UU Perkawinan and UU Perlindungan Anak that giving love to a child is an obligation attached to the parents towards the child from the time the child is in the womb until the end of his life.

THE CONCEPT OF 'IHDAD HUSBAND WHO LIVED WITH THEIR WIFE (ANALYTICAL STUDY OF QIRAAH MUBADALAH'S INTERPRETATION)

The purpose of the research is implementation of ihdad husband whose wife died. The interpretation of ihdad was assessed as gender biased because it only talks about women. Women whose husbands die have a period of iddah and ihdad. Al-Quran texts and hadith explain about some of the prohibitions of ihdad women. Classical Fiqh has nothing to say about ihdad for husbands. Next about ihdad husband will relation with Qiraah mubadalah. This research uses this type of research Yuridis-Normative. Qiraah mubadalah expalin about method of interpretation with in parallel subject text. That is Islamic texts that discuss the subject of women and men have the same meaning. the implementation of ihdad has a main goal is remember and respect and protect the feelings of the family who died. If hikmatuttasyri like that and then ihdad law not only apply to women, but applies also to men.

THE STRATEGY OF OGAN ILIR DISTRICT’S OFFICE OF POPULATION CONTROL AND FAMILY PLANNING FOR ACTUALIZING THE PROSPEROUS FAMILY

This research’s purpose is to know how is the implementation of Family Planning by the office of population control and family planning, women empowerment and child protection, for reaching a prosperous family, balanced population growth, two healthy kids (DAHSAT) in Indralaya Sub-district, OganIlir District, and also to know about the success that has been done by the office of population control and family planning in Indralaya Sub-district, such as come directly to the field (jemput bola) by using dedicated car (mobilkeliling), held a family planning counseling training for health workers and village hall workers, which the goals are to be able to give good service towards family planning acceptor achievement in Indralaya Sub-district, and mainly for achievement of family planning participants that using a contraception device MKJP and NON MKJP. This research used a descriptive research method with qualitative approach, expectedly be able to examine the achieved strategy in implementation of family planning such as by family planning counseling training in Indralaya Sub-district, OganIlir District. Based on the research’s result, the amount of family planning acceptors in year 2017 – 2019 showed a success attempt, this all been done by family planning counselling implementation called communication, information, and education (KB KIE) and also doing some coachings that called by the name of Tribina, Bina Balita, Bina Remaja, Bina Lansia, in Indralaya Sub-district, but in practice it is not maximally deliver good result, because of the limited number of trained counselling workers and the lacks of equipment required, the family planning counselling also has been done in parallel with Integrated Healthcare Center (Posyandu) activities and other related activites.

FORMULATION OF RULES CONCERNING ABORTION AGAINST OF VICTIMS RAPE: BETWEEN POSITIVE LAW AND FUTURE LAW

This paper aims to describe the rules regarding abortion of victims of rape in the positive law and law that may apply within the future. Based on the results of the discussion, it can be concluded that abortion of victims of rape in the positive law isn’t prohibited and the offenders are not sentenced as stated in Law no. 36 of 2009 and the Law of Child Protection. This also applies to a woman who has an abortion for her pregnancy as a result of rape. In the future law, abortion of victims of rape is also not prohibited, but can only be performed by a doctor. The Draft Criminal Code doesn’t stipulate that abortion can also be performed by rape victims themselves. Even so, the rules contained in the Draft Criminal Code still cannot be applied to rape victims who have had an abortion for their pregnancy because positive laws (especially Law No. 36 of 2009 and the Law of Child Protection) have not been revoked by the Draft Criminal Code. In this context, the principle of “lex specialist derogat lex generalist” applies, namely Law no. 36 of 2009 and the Law of Child Protection as laws that are specific override general laws. For the sake of legal certainty, the Draft Criminal Code should confirm prohibited and non-prohibited abortion. The future law needs to be synchronized or harmonized with the positive law. If it’s not prohibited, the granting of permission to abortion for victims of rape should be given strictly so, it’s not abused. Keywords: Formulation, Abortion, Victim of Rape, Positive Law, Future Law

THE BASIS OF JUDGES ‘CONSIDERATIONS ON DECISIONS OF DIFFERENT RELIGIOUS HERITAGE IN ISLAMIC LAW PERSPECTIVE

Giving inheritance to heirs of different religions is considered a violation of Islamic law, because it is considered not to maintain Islam. property owned by Muslims should be used as a way to worship, not given to non-Muslims. In the settlement of the case of the Pengadilan Tinggi Agama Palembang, decision Number 05/Pdt.G/2015/PTA.Plg, referring to the Yurisprudensi Mahkamah Agung Number: 51K / AG / 1999, which basically states that heirs who are not Muslim can still get assets from the heir Those who are Muslims based on the "WasiatWajibah" which share the same as the part of the daughter of some heirs, so that non-Muslim children are entitled to a share of the inheritance of a Muslim heir as recipients of the obligatory will. What has been decided by the judge to decide the case has deviated from the rules of Islamic law because of the issue of inheritance disputes with Muslim heirs who must comply with the rules of Islamic Inheritance Law.

REHABILITATION SANCTIONS AGAINST THE NARCOTICS USER ACCORDING TO THE PERSPECTIVE OF MAQASHID SHARIAH

The government through the law makes a policy to aggressively seek rehabilitation for the drug users. This is done in the context of tackling the abuse of narcotics in Indonesia. Thus, it is necessary to study the policy objectives based on the perspective of maqashid sharia by conducting qualitative research using secondary data. From the results of the research, the Indonesian Government has implemented rehabilitation sanctions for the narcotics user because the users are victims of other people's crimes, namely illegal narcotics dealers. If a narcotics user is given a sanction of imprisonment / imprisonment, it will have a worse impact and cannot eliminate his dependence on narcotics. Seen from the perspective of maqashid sharia, this government policy does not conflict with the objectives contained in the maqashid sharia concept, as the goal of rehabilitation which requires the users to be aware of their mistakes, so that they will become better humans both towards their God and those around him.