Indonesian Journal of Law and Islamic Law (IJLIL)
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KEDUDUKAN KEPALA NEGARA DALAM SISTEM PEMERINTAHAN ISLAM (Analisis Kritis terhadap Peran Khalifah dalam Dustûr al-Islâmy Hizbut Tahrir)
No full textState leaders as leaders of government organizations have a strategic position in a state system. Hizbut Tahrir in the Draft Islamic Law (Dustûr al-Islâmy) which was first compiled by Taqiyuddin An-Nabhani even discoursed on great power in the hands of the head of state. A caliph (head of state) is not only dominant in the executive sector, but also has an important role in the legislative and judicial sectors as in the trias politica theory. This paper aims to critically analyze the role of the caliph in the Islamic government system as discoursed by Hizbut Tahrir. This is important because the regulation of the world of politics and the state cannot be solely based on the historical facts of Islamic civilization and ignores the development of the needs of the times and sociological factors. The rules regarding the caliphate contained in Dustûr al-Islâmi Hizbut Tahrir are still strongly influenced by the history of Islamic civilization at the time of the Prophet and Khulafâ' al-Rasyidn. The granting of enormous power to a khalfah is based on the assumption that the personal qualities of a caliph are on par with the Prophet and his chosen Companions. Of course this is not appropriate to be applied in today's era. Therefore, the power of the head of state must be limited and balanced. In this context, the offer of a modern democratic system through the mechanism of separation and division of power can be an offer to modify the Hizbut Tahrir caliphate system to achieve the ideal goal of 'Islamic government'
PERAN VITAL BASYARNAS DALAM PENYELESAIAN SENGKETA BISNIS SYARIAH
Full text linkThe emergence of Islamic financial institutions in Indonesia is good progress for the Muslim community. however, the demands of the system and its management also arise with its increasing development. Moreover, solving problems also suppresses the existence of institutions that can handle them. Arbitration that has been carried out by the Prophet, khulafaurrasyidin even in the dynasties that followed is an out of court dispute resolution that can be an option for businessmen. On the initiative of the MUI, by going through several processes, the National Sharia Arbitration Board was formed to resolve disputes between sharia business parties
PENGALIHAN HAK SEWA TANAH PERSPEKTIF FIQIH MU’AMALAH DAN HUKUM POSITIF DI INDONESIA
Full text linkLeasing is an agreement between one party that undertakes and binds itself to hand over the benefits of an item to another party for a certain period of time followed by payment as a reward. Along the way, the practice of renting does not always work as it should. Like the leasing that occurred in Jatimulyo Village, where one party could transfer the lease rights to another party when the lease was in progress. The method used in this study uses descriptive qualitative with short interviews with certain parties. The results of the study are: Fiqih Mu'amalah perspective on the practice of transferring lease rights that is carried out is penalized null (fasakh), because the transfer made is not in accordance with the provisions of the stipulated syara ', and there is no authority of the tenant for the transfer made. Meanwhile, the positive legal perspective in Indonesia on the practice of transferring land lease rights to third parties is an activity that is not allowed. This is in accordance with Article 1559 of the Civil Code, which does not require the lessee to release his lease to another party unless there is approval from the land owner, as well as a statement that the transfer may be made. Likewise with Article 310 KHES that tenants are not allowed to rent goods (land) that are leased to other parties except with the permission of the renting party
MENAKAR URGENSI PENGATURAN PELAKSANAAN DAN PEMBATALAN PUTUSAN BADAN ARBITRASE SYARIAH NASIONAL (BASYARNAS)
Full text linkThe National Sharia Arbitration Board (BASYARNAS) is a sharia economic dispute resolution institution under the auspices of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. Regarding the execution of decisions issued by BASYARNAS against parties who do not voluntarily carry out BASYARNAS decisions, there have been many changes, due to the provisions in Law Number 30 of 1999 which delegated the authority to execute BASYARNAS decisions to district courts even though the decisions were related to sharia economic disputes that should have been under the jurisdiction of the Religious Courts. however, there have been several attempts to restore the authority of the Religious Courts as the only judicial institution authorized as executor of BASYARNAS decisions, including the issuance of the Supreme Court Circular Letter (SEMA) Number 8 of 2008 concerning the Execution of BASYARNAS Decisions. However, the implementation of the SEMA did not last long, because in 2010 the Supreme Court again issued Circular Letter No. 8 of 2010 concerning the Affirmation of the invalidity of SEMA No. 8 of 2008 concerning the Execution of Decisions of the Syrian Arbitration Board. After going through a long gap, in 2014 the Supreme Court Regulation Number 14 of 2016 was issued concerning Procedures for Settlement of Sharia Economic Cases. This PERMA gives full power to the Religious Courts as the authorized institution as the executor of BASYARNAS decisions
PARADIGMA HUKUM ISLAM KLASIK DAN ALTERNATIF
Full text linkIslam is a universal religion, there is no limitation of place and time, therefore Islam should be accepted by every human being on this earth, without having to have "conflict" with the circumstances in which he is. Islamic jurisprudence is a discourse of thought to understand God's terms appropriately, to measure the extent of the freedom of a judge or faqih in determining the law. Muslims are ideologically grouped into four (4) models of social ideological paradigms, among others: Traditionalist Paradigm, Modernity Paradigm, Revival Paradigm; and the Transformation Paradigm. The typology of the Islamic legal paradigm is divided into three (3) major components, namely the Theological Paradigm; Linguistic Paradigm (Language), Methodological Paradigm. These paradigms then describe the characteristics of the study of fiqh which are generally characterized by several characteristics. First, epistemic characteristics, namely, (1) to some extent less separation between time and history, (2) univocalization of meaning, and (3) transhistorical (eternal) reasoning. Other characteristics are, (1) focusing on the study of Islamic law as law in the book, not including law in action, (2) complex branching of material, without paying attention to developing references. (3) polemic, and apologetic, (4) inward looking, and (5) atomistic approach
PEMANFAATAN CRITICAL LEGAL STUDIES (CLS) DALAM PEMBENTUKAN PERATURAN DAERAH
Full text linkCritical Legal Studies thinking is important to understand social reality and legal order to form commitment and legal unification based on legal theory based on social praxis to reconstruct the unequal social structure in the formation of Regional Regulations. The main use of CLS legal theory is its criticality of doctrine and legal system as well as values ??and commitment to seek a transformative legal and social potential based on social praxis, thus influencing the formation of regional regulations in contributing to stability and perpetuating the existing social order. The weakness of critical legal thinking (CLS) is that if the use of this criticism is trapped in an endless mainstream, then this criticism is only limited to discourse and will always be marginalized on the edge of the social system and considered a strange creature that must be removed. The relevance of CLS legal theory lies in the objective criticism and legal formalism related to Article 14 UUUP3 regarding Regional Regulations as regional autonomy instruments which is ambiguous because the concept of implementing regional autonomy is generalized by legal positivism through tiered legal rules. This is very unequal in the formation of regional regulations in the empirical realm which is the result of a process that is loaded with various contents, values, and interests of the actors/political elites involved in it
PENGELOLAAN DANA ZAKAT DALAM BENTUK PENDISTRIBUSIAN SAPI OLEH PESANTREN TALAGO DADOK BERDASARKAN UU PENGELOLAAN ZAKAT
Full text linkIt is known that Talago Dadok Islamic Boarding School become one of the mustahik who receive zakat in conventional productive form by BAZNAS Solok Regency. The zakat received by Talago Dadok Islamic Boarding School in the form of the purchase of 8 (eight) cows as business capital. The proceeds from the effort will be used to pay the salaries of ustadz and ustadzah who teach at Talago Dadok Islamic Boarding School because they do not have a fixed income. Based on the findings and information provided by the implementing officer baznas Solok Regency, the author found some problems appear in the future after the cows raising runs for several months.Through the report provided by Talago Dadok Islamic Boarding School to Province, the relevant office and BAZNAS Solok Regency, there are very significant weaknesses in the aspects of financial statements and bookkeeping. This research is conducted as a field research using sociological approach. This research is interesting to be studied considering that Talago Dadok Islamic Boarsing School has no history of expertise in the field of cow rearing. The findings resulting from this study are that there are many aspects that must be improved by Talago Dadok Islamic Boarding School, especially in the administrative aspect
AS-SUNNAH SEBAGAI SUMBER HUKUM ISLAM DALAM ERA YANG PROBLEMATIK
Full text linkAs-Sunnah or what we often call Sunnah is the plural form of the word sunan which means "habit" or "to be done". At first glance it is similar to the Hadith, but it is different if the sunnah is everything that is quoted from the Prophet, whether in the form of words, practices, or in the form of provisions, teachings, characteristics, behavior, and life journey before the Prophet was appointed as an apostle. Meanwhile the hadith existed after the prophet was appointed as a messenger. There are two more terms that are similar but different, namely Khabar and Atsar. The function of sunnah in the Koran is ta'qid (as reinforcement), tabyin (as an explanation), and mustaqillah. In addition, the relationship between sunnah and al-Qur'an is like two complementary things between mubayyin and maudhu al bayan, mufashil and maudhu ijmal and between juz'i and kulli
ANALISIS PERTANGGUNGJAWABAN PELAKU TINDAK PIDANA PERJUDIAN JENIS TOTO GELAP ONLINE
Full text linkGambling is a deliberate bet that is risking precious thing by realizing certain risks and expectations. such as the online lottery gambling case which had been decided by the Class IA of District Court of Tanjungkarang Number 978/Pid.B/2020/PN.Tjk. The result of the study reveals that criminal liability against black toto gambler online in Lampung namely by imprisonment for 1 (one) year while the judge's consideration in deciding the perpetrators was based on Decision Number 978/Pid.B/2020/PN.Tjk. including the demands of the public prosecutor, observe the indictment of the public prosecutor, listening to statements from witnesses, expert statements, statements of the defendant and evidence, legal facts revealed at trial, then consider the criminal elements of the defendant's actions seen from the Public Prosecutor's Indictment, If the criminal elements have been met, the Panel of Judges will give consideration to aggravating and mitigating factors for the accused
EKSISTENSI PANCASILA SEBAGAI SUMBER SEGALA SUMBER HUKUM DALAM KONSTITUSI INDONESIA
Full text linkThe Pancasila formula has been contained in the constitution that has been in effect in Indonesia, starting with Undang-Undang Dasar Negara Republik Indonesia 1945, Undang-Undang Dasar Republik Indonesia Serikat, Undang-Undang Dasar Sementara 1950. Nevertheless, the terms "Pancasila" and Pancasila as the source of all legal sources are not regulated in the constitution. Such provisions will affect the normal conflict in view that pancasila has been agreed upon as the source of all Indonesian legal sources. It aims to do a critical analysis of the existence of pancasila in the constitution in force in Indonesia since 1945 and the need for inclusion of the terms "pancasila" and "pancasila as the source of all law" in the constitution in Indonesia