Indonesian Journal of Law and Islamic Law (IJLIL)
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ANALISIS KEWENANGAN BAWASLU KABUPATEN JEMBER DALAM MENANGANI PELANGGARAN PEMILIHAN BUPATI DAN WAKIL BUPATI TAHUN 2020 DI TENGAH PANDEMI COVID 19
Full text linkThe 2020 elections, including the electoral of Regent and Deputy Regent of Jember Regency, are different from the electoral in the previous year because of the COVID-19 pandemic that created many challenges in election supervision, especially the handling of election violations. Therefore, This study aims to determine the role and constraints of Bawaslu in handling violations of the election of regents and deputy regents during the covid 19 pandemic. This research uses a qualitative type with a case study approach. And data collection techniques through in-depth interviews and documentation. The study found that the Jember Regency Bawaslu does its authority based on Act No. 7 of 2017, Act No. 10 of 2016. And Regulation of Bawaslu No 8 of 2020. The Jember Regency Bawaslu supervises the implementation of the election and also makes efforts to prevent violations in the election of the Regent and Deputy Regent in the era of the COVID-19 pandemic. But there are still various violations: one case of criminal offenses, two cases of administrative violations, one case of the code of ethics violation, and four cases of health protocols violations. Obstacles of handling violations of the election are the content of the Bawaslu Regulation No. 8 of 2020, and structural obstacles are inadequate human resources and disagreements in the Gakkumdu center, cultural obstacles are money politics culture, nepotism culture, and patron clients culture.The 2020 elections, including the electoral of Regent and Deputy Regent of Jember Regency, are different from the electoral in the previous year because of the COVID-19 pandemic that created many challenges in election supervision, especially the handling of election violations. Therefore, This study aims to determine the role and constraints of Bawaslu in handling violations of the election of regents and deputy regents during the covid 19 pandemic. This research uses a qualitative type with a case study approach. And data collection techniques through in-depth interviews and documentation. The study found that the Jember Regency Bawaslu does its authority based on Act No. 7 of 2017, Act No. 10 of 2016. And Regulation of Bawaslu No 8 of 2020. The Jember Regency Bawaslu supervises the implementation of the election and also makes efforts to prevent violations in the election of the Regent and Deputy Regent in the era of the COVID-19 pandemic. But there are still various violations: one case of criminal offenses, two cases of administrative violations, one case of the code of ethics violation, and four cases of health protocols violations. Obstacles of handling violations of the election are the content of the Bawaslu Regulation No. 8 of 2020, and structural obstacles are inadequate human resources and disagreements in the Gakkumdu center, cultural obstacles are money politics culture, nepotism culture, and patron clients culture
ISTISHHÂB SEBAGAI TEORI HUKUM ISLAM SEBUAH TINJAUAN HISTORIS
No full textAlthough in substance Istishhâb has existed since the era of the Prophet, Istishhâb is still included in the category of Islamic legal propositions that are mukhtalaf fîh (there are differences among scholars). The construction of the new Istishhâb theory began in the fifth hijri adad in a clear and detailed manner. This paper wants to further discuss Istishhâb as a theory of Islamic law, from a historical perspective. From this point of view, it can later be concluded whether Istishhâb can be considered as a theory of Islamic law or just a method of Islamic law istinbath
KOMPARASI POLIGAMI DAN MONOGAMI DALAM PERSPEKTIF HUKUM ISLAM
No full textIslam came to the surface of the earth by bringing some shari'a or order of life for humans, so that their lives are safe and happy in the world until the hereafter. Including those brought by Islam through the Prophet Muhammad. in the form of marriage law. Marriage is sunnatullah where men need a female companion and vice versa. The companion referred to here is a companion as a legal husband and wife who are bound by the 'aqdun nikah bond according to the Islamic order. But in reality, the practice of marriage that occurs at this time has experienced dynamics and variations in the arguments of the fuqaha 'ulama, especially regarding the permissibility of a husband to be polygamous or monogamous. According to some scholars, men are allowed to marry more than one woman on condition that they are able to be fair to their wives, while according to other scholars, polygamy is not legal because it is impossible to achieve a fair attitude, especially fairness with feelings
PUTUSAN HAKIM DALAM MENJATUHKAN PIDANA TERHADAP ANAK PELAKU TINDAK PIDANA KEPEMILIKAN SENJATA API ATAU BENDA TAJAM
Full text linkOne form of criminal acts of possession of weapons committed by children or children who are in conflict with the law is in Decision Number: 14/Pid.Sus-Anak/2019/PN Gdt. The research method uses a normative and empirical juridical approach. Sources of normative and empirical data. Collecting data through library research and field research. The data analysis used was qualitative juridical. The results of the research and discussion show that the factors causing the child to be the perpetrator of a criminal act of possession of firearms or sharp objects based on Decision Number: 14/Pid.Sus-Anak/2019/PN Gdt are 1 (one) sharp weapon blade with a wooden handle and a wooden cover is the property of Son HA Bin YH who was brought with the aim to protect themselves. Criminal responsibility for children as perpetrators of criminal possession of firearms or sharp objects based on Decision Number: 14/Pid.Sus-Anak/2019/PN Gdt is to impose a 4 (four) month imprisonment and charge the child to pay a court fee of IDR 2,000 (two thousand rupiah). Judges' legal considerations in imposing criminal sanctions on children as perpetrators of criminal acts of possession of firearms or sharp objects based on Decision Number: 14/Pid.Sus-Anak/2019/PN Gdt are in accordance with the provisions of the applicable law. What is burdensome is that the child's actions are disturbing society, while what mitigates is the child admits frankly and regrets his actions and promises not to repeat it and the child has never been punished
EKSISTENSI DAN KEHUJJAHAN YURISPRUDENSI PENGADILAN AGAMA SEBAGAI SUMBER HUKUM
Full text linkOne of the legal systems adopted in Indonesia is the common law system. In this legal system, the law is not bound by formal procedures. Even more, law interacts with people's lives or in another sense, law is a formation of the culture (culture) of society. Therefore, in this system, judges in the judiciary, both in general, religious, military and state administration are given full authority to create laws (judge made law). This case can also occur in the Religious Courts as executors of the Religious Courts. Where the judges in the Religious Courts, of course, also have the same capability and right to create laws as judges in other courts. From this, the possibility of the emergence of Jurisprudence can be expected. Because the judge has been in the process of exercising the authority that has been given to him to create laws. With the ability of judges to create a law, finally the author's mind appears regarding the problem related to the existence of jurisprudence as a source of PA law and the problem is usually a jurisprudence - which is the result of a judge's ijtihad in punishing a case - to be used as a legal foothold in decision making in the court environment. Religion, in particular, is related to its honesty when compared to Islamic jurisprudence (Fiqh). This journal writing method is based on literature and literature reviews that discuss the issue of jurisprudence
PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU TINDAK PIDANA PENIPUAN DALAM JUAL BELI TAMBAK UDANG
Full text linkCriminal fraud is a form of crime against human wealth, such as criminal fraud in the sale and purchase of shrimp farming conducted by Wagiono and it had been decided by the Judicial Panel of District Court of Menggala Number 449/Pid.B/2019/PN.Mgl. The result of the study reveals that criminal liability against perpetrators of criminal fraud in the sale and purchase of shrimp farming based on The Decision No. 449/ Pid.B/2019 / PN.Mgl was found guilty or violates the provisions of Article 378 of the Criminal Code and sentenced to imprisonment for 1 (one) year while the judge's consideration in deciding the perpetrators was based on Decision Number 449/Pid.B/2019/PN.Mgl and the evidence, witness testimony, expert testimony, indictments and demands of the Public Prosecutor, the elements fulfilled in the Prosecutor's Indictment, as well as aggravating and mitigating factors for the accused
PENDAFTARAN JAMINAN FIDUSIA SEBAGAI PEMENUHAN ASAS PUBLISITAS
Full text linkBefore the birth of the Fiduciary Guarantee Law (UUJF), the issue of fiduciary security registration was not an obligation, but with the birth of the UUJF, registration of fiduciary guarantees was a very crucial stage and had an impact on many aspects of the following law. Such explanation is also recognized in the General Elucidation of UUJF that one of the reasons fiduciary guarantees does not provide legal certainty, especially to fiduciary recipients, one of which is because the fiduciary guarantee is not registered. The fulfillment of the principle of publicity in fiduciary security is carried out by registering fiduciary security at the Fiduciary Registration Office. Regarding the request, the registration office will record the guarantee in the Fiduciary Register Book and will issue a Fiduciary Guarantee Certificate which has the order for Justice Based on Almighty God. The normalization of fiduciary security registration in UUJF is a legal norm that is compelling (dwingend recht). This can be seen through two aspects, namely the use of the word mandatory in UUJF as a command norm, and from the aspect of the legal principle of objects which are closed, so that the norm cannot be deviated. With regard to fiduciary security that is not registered, the creditor as the recipient of fiduciary does not receive the rights and benefits specified in the UUJF, including material rights, priority rights, executive rights, and application of criminal provisions
TELAAH KRITIS FATWA MAJELIS ULAMA INDONESIA (MUI) TERHADAP PRODUK SANDANG
Full text linkThis research based on Islamic Economisation in Indonesian: a Critical review of the editcts of the Majelis Ulama Indonesia (MUI) on Clothing products and their effects on the migration of life style discourse in Indonesian. In this paper there are three important questions. First, how is the history of the emergence of legal labeling in Majelis Ulama Indonesia? Second, how to develop products that are labeled halal labeling on clothing from Majelis Ulama Indonesia? Third, How the impact of halal labeling on clothing from Majelis Ulama Indonesia? With the approach of the Phemenology to expalain develop produvts that are labeled halal lebeling on clothing from Majelis Ulama Indonesia and explain the impact of halal labeling on clothing from Majelis Ulama Indonesia. And then, the history of the emergence of legal labeling in Majelis Ulama Indonesia expalain in the analysis content. The results of this study are first, to know the history of the emergence of legal labeling in Majelis Ulama Indonesia second, to know develop products that are labeled halal labeling on clothing from Majelis Ulama Indonesia third, to know the impact of halal labeling on clothing from Majelis Ulama Indonesia
ANALISIS HUKUM TERHADAP PERCERAIAN SUMPAH LI’AN
Full text linkThe consequence of divorce by li’an vows is the breakup of the lineage of the child with his father and the end of the marriage forever. Bondowoso Religious Court is one of the Religious Courts that decide divorce by another oath. The judge's consideration in deciding the oath of allegiance by the legal basis in the Compilation of Islamic Law (KHI), namely article 162. However, submitting a child denial application is not following article 102 of the Compilation of Islamic Law. Decision number 0918 / Pdt.G.2019 / PA.Bdw exceeds the time limit allowed to apply for child denial. The Judge of the Religious Court has not yet used Perma No. 03 of 2017 on Guidelines for Judging Women's Matters Facing the Law, as a guideline for judging women in a conference. So that the understanding of gender is still lacking and even do not agree with the concept of gender. What is meant by injustice here is when one type of gender is better in its state, position, and position
HUMAN TRAFFICKING DALAM PANDANGAN HUKUM ISLAM ATAS PRAKTEK PERBUDAKAN ZAMAN ROSULULLAH
Full text linkHuman trafficking is a form of the early occurrence of slavery on earth, it happened long before the arrival of Islamic teachings even though the religion of that religion succeeded in erasing such civilization towards dignified human values. The arrival of Islamic religious teachings at first seemed to support human trafficking with the primary fact that the Prophet Muhammad and his followers were involved in slave ownership obtained from conquest as a result of a war, but this is an argument that departs from the negative analysis of the haters of Islam so that if the teachings of this religion are studied in a concrete way it will be revealed that Islam is trying to change a civilization in a very solution.
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