Jurnal Online Fakultas Syariah dan Hukum (UIN Sunan Ampel Surabaya)
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Implikasi Perkawinan Campuran terhadap Status Kewarganegaraan Anak
Get PDFThis paper discusses about Law No. 12 year 2006, article 6 on the Indonesian citizenship which gives the provisions of dual citizenship status to a child as the implication of the mixed marriage, and analysis of Islamic political jurisprudence perspective toward the provisions of the dual citizenship status. The author concludes that granting the dual citizenship status to a child as the implication of the mixed marriage is nothing but for the sake of enforcing the rights of men, particularly for children. It is so because the child’s rights are part of the Human Rights which must be guaranteed, protected, and fulfilled by parents, families, communities, governments, and states. In addition, It is also as a manifestation of the implementation of UUD 1945, article 26 about the citizens’ rights. Islamic political jurisprudence judges that the dual citizenship status for a child of the mixed marriage for the reason to uphold Human Rights might be justified. Since Islam also upholds Human Rights. But in respect to a childcare, they follow their mother’s citizenship when they have been adult. And when they have already been adult, they have right to choose their nationality
BEN - GIBEN DAN NASE’ LANCENG PERNIKAHAN DI DALEMAN GALIS BANGKALAN MADURA PERSPEKTIF HUKUM ISLAM
Get PDFAbstract : This is a field research to answer the two fundamental questions, namely: what the status of the ben-giben and nase’ lanceng tradition related to marital contract in village Daleman, district Galis, region Bangkalan-Madura is, and how the point of view of the Islamic law to their legal status is. The data of the research are gained through interview to some of the village’s local religious figures and the participants of the ben-giben and nase’ lanceng. The collected data are then qualitatively analyzed by using a descriptive technique and inductive-deductive mindset. The study concludes that: first, the handing of the ben-giben and nase’ lanceng is that if the parents want to marry their child, they have to include the items required in the form of cattle, samper lasem, a basket of egg and a cone; second, the tradition of ben-giben and nase’ lanceng is not contrary to Islamic law and to the principle of marriage, namely the principle of willingness between the groom and the bride. Based on the above conclusions, the author recommends that such tradition may be continued and preserved to the next generation of the village. In addition, a belief about a negative impact of the tradition for the natives is necessarily clarified by the local religious figures since it is naturally happening under the God’s will. Keywords : Ben-Giben, Nase’ Lanceng, Grant, Charity, Habit
Dialektika antara Kemaslahatan dan Teks dalam Syariah
Get PDFThis article discusses the dialetics between the benefit and the text in shari’ah. The purpose of shari’ah is to reach the benefit of mankind. It means that the entire texts and their laws serve to realize the benefit and to prevent damage, and should be based on the principle of beneficial understanding, the application of which within the scope of the benefit, and the text as a standard of benefit. The benefit is an important spirit behind shari’ah. Because of that, the understanding of the text in a legal reasoning process needs a solid foundation. Basically, the emergence of contradiction between benefit and text is nothing other than the two things: first, errors in understanding and concluding the benefit; second, errors in understanding and actualizing the text. Actualization of the benefit of the text is a branch and an expansion of the welfare interpretation of the text. This actualization plays an important role in eliminating the contradiction between the text and welfare. Therefore, it is necessary to actualize the enlightened benefit by seeing, considering, and excluding the conditions that lead to a damage
Sikap Ikhwanul Muslimin tentang Nasionalisme dan Relevansinya dengan Konsepsi Ummah
Get PDFThis article discusses about the attitude of the Muslim Brotherhood on nationalism and its relevance to the concept of ummah. Nationalism, for the Muslim Brotherhood, is a love of the homeland, liberating the land from occupation, and strengthening brotherhood. Nationalism’s goal is to guide Muslim men toward the light of Islam and to raise the banner of Islam highly in each hemisphere in reaching the worldly prosperity and merely for the sake of gaining the pleasure of Allah. The Muslim Brotherhood’s nationalism indicates a universalism which is implication of the belief bond. Therefore, their concept of nationalism is universal since it is not restricted by races, territories, and geographies. Furthermore, the attitude of the Muslim Brotherhood also indicate the orientation of the divinity that Islam can colors in every human life for the sake of gaining the pleasure of Allah and prosperity in the worldly life
Advokasi terhadap Pelacuran Anak di Lokalisasi Dolly Surabaya
Get PDFThis article discusses about advocacy against child prostitution in Dolly-Surabaya. Child prostitution is an act that violates the fundamental rights of the children from any kind of exploitation activities. The people who cause prostitution are to be punished in accordance with the applied regulations. Advocacy on child prostitution in Dolly is where the act of prostitution is not getting any penalties or sanctions because the child only has an obligatory capability and not an act capability. The parties that led to the child victims of prostitution should be punished by the assumption that they have done fraud and coercion. Moreover, child prostitution is a form of human trafficking. The advocacy dedicated to child as the victim of prostitution is: first, litigation advocacy with the target of those children’s fundamental rights which have been violated by others can be restored; second, budgetary advocacy with the goal of keeping the budget managed by the government can be allocated appropriately to children who become the victim of prostitution; and third, policy advocacy with the aim of protecting the fundamental rights and improving the welfare of the children who become the victim of prostitution, both of morally and materially
Penerapan Undang Undang Otonomi Daerah No. 32 Tahun 2004 Jo Perda No. 7 Tahun 2006 di Waru Sidoarjo
Get PDFThis article is a field research on the application of the Regional Autonomy Law No. 32 year 2004, jo PERDA (Regional Regulation) No. 7 year 2006 about the local government in Waru-Sidoarjo. The research was conducted by interviewing some people from four villages, namely Ngingas, Kepuh Kiriman, Tambak Oso, and Tambak Rejo. The research concludes that the community of the four villages had been carrying out the mandate of the Regional Autonomy Law No. 32 year 2004, jo PERDA (Regional Regulation) No. 7 year 2006. However, the compliance in carrying out the law is not based on their legal awareness. It is because there are some laws that are considered as discrimination and murder of the rights of individuals, including the prohibition of the village government to take charge of the political party (consulting / comparative study) ". It can, of course, kill the principles of human rights and democracy, whereas the legislation itself gives respect to the principles of democracy and human rights. The principles to be considered in formulating constitution is the guarantee of human rights of each member of society and the equality of all people before the law without any distinctions of social statification
Sanksi Tindak Pidana Pencantuman Klausula Baku pada Karcis Parkir Kendaraan Bermotor
Get PDFThis article discusses about a criminal sanction of the standard clauses in a motor vehicle parking ticket for parking service manager according to article 18 paragraph (1) jo. article 62 paragraph (1) of Law No. 8 year 1999 about consumer’s protection. Standard clause is an agreement where the procedure of making it is unilateral. A standard clause listed on the ticket motorists has violated the provision of article 18 paragraph (1) letter a, namely “the businesses doers, in offering goods and/or services that are held for trading, are prohibited from making or including a standard clauses in each document and/or agreement if they had declare the transfer of responsibility of entrepreneursâ€. The inclusion of a standard clause as mentioned in the above provisions can be categorized as a criminal offense. The criminal penalty of such act is imprisonment of a maximum 5 (five) years or a criminal sanction of a maximum Rp. 2,000,000,000.00 (two billions rupiah) as stipulated in article 62 paragraph (1) UUPK. In Islam, these are included a criminal act and they have not stipulated in the text yet. So that, it becomes the authority of ulil 'amri to determine the punishment
Penerapan Parliamentary Threshold pada Pemilihan Umum 2009
Get PDFThe selection process through the (general) election mechanism can be identified with the electoral system ever implemented in the Islamic government. First, the electoral system of ahl al-hall wa al-'aqd which was carried out by the trust and allegiance. Second, the electoral system of ahl al-hall wa al-'aqd which was done through the periodic election, selection in society, and by the head of state. Parliamentary Threshold (PT) is a threshold mechanism in place at legislative elections (for parliament) with a percentage of 2.5% for the political parties which contested the election to follow the counting in the determination of the House of Representative’s seats. Parliamentary Threshold, according to Law No. 10 year 2008, article 202, paragraph 1 (regarding the election of members of DPR, DPD and DPRD) in the 2009 election, was implemented by calculating the minimum total of 2.5% of the valid votes in the national political party contestants. Then those parties were listed, which ones were the Parliamentary Threshold and which ones were not the Parliamentary Threshold to determine BPP to calculate the DPR’s seats for the electoral party contestants that had passed the threshold
FRAGMENTASI OTORITAS ANTAR ORGANISASI PEMERINTAH DAN ORGANISASI KEAGAMAAN DALAM PENENTUAN AWAL BULAN ISLAM
Get PDFAbstrak: Fragmentasi otoritas keagamaan di kalangan umat Islam adalah fenomena nyata yang harus diakui membawa dampak positif dan juga negatif. Umat Islam cenderung terkotak-kotak dalam faksi-faksi dan terjebak dalam fanatisme kelompok yang terkadang berlebihan. Di satu sisi semangat Ijtihad mulai berkembang meskipun terkadang untuk bersaing dengan kelompok lain. Bagaimanapun persatuan umat Islam harus diutamakan agar tujuan utama ajaran Islam dalam membentuk masyarakat yang damai dan kondusif dapat terealisasi. Di tengah situasi otoritas agama yang terus terfagmentasi, semua pihak harus bersikap bijak. Karena fragmentasi otoritas keagamaan tersebut merupakan keniscayaan. Yang perlu dikembangkan dan ditingkat usaha untuk berdialog agar sikap tasamuh, toleransi satu sama lain semakin. Selain itu sikap eksklusif, dan fanatisme kelompok perlu diminimalisasi. kecenderungan untuk saling mendominasi dan menghegemoni di antara otoritas tersebut harus segera dihilangkan. Sinergi di antara berbagai otoritas harus ditumbuhkan, agar dapat menimbulkan suasana psikologis yang nyaman dan kondusif bagi umat dalam menjalankan ajaran agamanya dan kehidupan sosialnya.Kata Kunci: Fragmentasi, otoritas, organisasi, pemerintah, keagamaan.Â
PERBANDINGAN HUKUM ANTARA HUKUM BARAT DAN HUKUM ISLAM
Get PDFAbstract : This paper is a study of two laws in society, the Islamic law and the Western law. The study of both is conducted by comparing the terms of the definition, characteristic, objective, and source of law. This study aims to look at the difference of both to find the possibility of co-existing and complement. The main sources of law in Islam are the Qur‟an and Sunnah in addition to the other sources such as ijma‟ (consensus), qiyas(analogical reasoning), istihsan(juridical preference), and maslahah mursalah(unrestricted interest). In addition to Islamic law, the common law, with the characteristics of the prohibition or command that must be obeyed, is also applied in the community. While, the characteristics of Islamic law include: source of Islam, intimately connected and integral to faith and moral of Islam, having two key terms namely the shari‟ah law and jurisprudence, consisting of two main areas namely worship and mu‟amalah in the broad sense, layered structure, consisting of the text of the Qur‟an and the Sunnah. Broadly speaking, the law aims to ensure legal certainty in the community. The law should also consist of justice namely the principles of justice of the community. Due to the dynamic nature of law, the judge as a law enforcement just look codification as a guideline to a legal certainty, whereas in delivering the verdict they must also consider the feeling of justice in society.Kata Kunci: Sumber, tujuan, Hukum Barat, hukum Islam,Â