Indonesian Journal of Law and Islamic Law (IJLIL)
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PENINGKATAN PEMAHAMAN HUKUM PERLINDUNGAN KONSUMEN DI MASA PANDEMI COVID-19
This activity is “Socialization and Increasing Comprehension of Consumer Protection Law during Covid Pandemic in Dandangan Village, Kediri City”. This program is carried out by universities, especially the Law Faculty of Kadiri Islamic University, to carry out the Tri Dharma of Higher Education, community service to build mutually beneficial relationships. This community service program is run by Higher Education in collaboration with Dandangan Village, Kota, Kediri City. The participants are 17 peoples from Dandangan village, consisting of religious leaders (Toga), community leaders (Tomas), village activists, youth organizations, PKK ladies, and recitation groups. The results of this activity resulted in the following recommendations and evaluations: from the discussion, presentation and questionnaire, we know that the majoritypeoples from Dandangandoesn’t know and understand the meaning of consumer protecting from law perspective
PERLINDUNGAN TERHADAP PEMENUHAN NAFKAH ANAK DALAM PELAKSANAAN PUTUSAN PERCERAIAN DI PENGADILAN AGAMA
Parents are the first party responsible for protecting and fulfilling children's rights. The rights of children to parents begin when their children are born and breathe the air in this world. So since then the responsibility of parents to their children has also arisen. Among the rights of children that must be fulfilled by parents is the right to support. Regarding family income, fathers are obliged to provide for their children if they need them, so children are obliged to provide for their mother and father if they need them. If the father is in poverty or his income is insufficient, the obligation to provide for his children remains, does not die, and if the mother of the children is well off, he can be ordered to provide for his children, which is their father's obligation, but can be billed for return it. However, the income that the father (husband) cannot afford can be billed to be returned, the laws which in Indonesia have not regulated that far.
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IMPLIKASI LARANGAN PERNIKAHAN TUNAGRAHITA BERAT PERSPEKTIF MAQOSID SHARIAH JASER AUDA
Everyone has right to get married, unlike the case with people with severe mental retardation. There are adverse effects if mental retardation still gets the legality to get married. This marriage ban is categorized as severe mental retardation shich cant be done at all, and all work must be replaced by someone els. Because of the prohibition of marriage for people with intellectual disabilities that is feared to other people, it is difficult to create a marriage destination and it is feared that it will have an impact on children who will be born like their parents. If seen in terms of its benefits, the existence of the ban becomes a benefit. The application of system theory as an approach in Islamic law, there are six system features used by Jasser Auda as a knife of analysis namely cognitive nature, wholeness, openness, interleted hierarchy, multi dimentionality and pusposefullness. By using theory of Maqo>s{id Shari>‘ah Jasser Auda it will be seen that the prohibition of marriage for person with severe mental retardation is policy that is not merely to protect the rights of individuals but protect the rights of the general public, taking into account the puspose, function, mas{lahah and mud{arat
MENALAR ULANG USHUL FIKIH MAJELIS ULAMA INDONESIA (MUI) DALAM KONTEKS KEINDONESIAN
This paper is concerned with the study of the reasoning of the Ushul Fiqh of the Indonesian Ulama Council (MUI) in the Indonesian context. By the content analysis approach through reading of some of the MUI fatwas, it was concluded that the ushul fiqh foundation used by the MUI was like the mainstream typology of Islamic law, namely the ushul fiqh method commonly used by mutakallimin and fuqaha. However, in relation to fatwas related to contemporary issues, the sad adz-dzariah theory is more dominant than other theories. Another thing found from the study of the MUI fatwas in relation to methodology is the tendency of the MUI fatwas towards the way of bayani reasoning or textualism
TRANSPARANSI DALAM PELAKSANAAN BANTUAN LANGSUNG TUNAI (BLT) DANA DESA
Since May 2020, BLT DD has been implemented in Jember Regency, including Bangsalsari Village. However, in fact it’s couldn’t avoid a pros and cons, especially to recipients. So, it’s mean Bangsalsari must be respons and give right information public. Every regulation must referent to hierarchy of legislation, same as the BLT DD rules. However, we know law have the legal principles "lex specialis derogat legi generalis", Then regulation of Jember regency Number 8 of 2016 about Public Information Openness must be a reference to do programs of Jember regency. There are three elements that must be fulfilled in the implementation of BLT DD in Bangsalsari Village, in order to realize information transparency, namely publication, participation and reporting. Bangsalsari Village has fulfilled these three elements in the implementation of BLT DD
KEPATUHAN PEJABAT TATA USAHA NEGARA TERHADAP PUTUSAN PENGADILAN TATA USAHA NEGARA BERDASARKAN ASAS-ASAS PEMERINTAHAN YANG BAIK
The main problems to be studied are: (1) how the legal obedience of administrative officials carry out the verdict of administrative court based on good government principles?; (2) Is the arrangement about the obedience of administrative officials already appropriate with good government principles? The method of study use is the juridical normative method. The Approaching of problems use statute approach, conseptual approach, and case approach. Research data source is taken from primary and secondary legal materials. The collected data is qualitatively analyzed by a normative juridical approach.
The result of this research are : first, the legal obedience of administration officials is to be consistent do the verdict of administrative court in the framework of implementation good good government principles. The obedience based on legal awareness. Legal awareness and legal obedience very needed for law enforcement in Indonesia. Awareness and legal obedience very needed by every person, in the same manner as the purpose of law. The administrative officials as people which have positions needed to be stressed for being obedience the verdict of administrative court based on good government principles and alse as example to other people. Second, based on article 116 Law Number 5 Year 1986 about Administration Court cpuld be understood that the arrangement obedience the administrative officials not appropriate with good government principles.
Based on the research result is recommended, that first, the Administration court based on Law Number 5 Year in the essence is good enough. The obedience of administrative officials still less make the verdict of administration court no run well, so needed to make birocration reformation especially to the interpretation of the legal awareness or increasing awareness from government to all administrative officials as formed the respect existence to the body of government; second, Inobedience the administrative court to the verdict of administration court could be categorize criminal. Third, for the verdict of administration court be able to be done well by administrative officials, so needed control body, although internal and external, hereby the duty of Obudsman National Commision very importence to give attention to the administrative official to do the verdict of administration court
PERWUJUDAN NILAI MORALITAS DALAM PEMILIHAN PRESIDEN 2019 YANG DEMOKRATIS DAN BERKEADILAN
Moral is an ethic inherent ain a human being. Formed trough verous diverse events that have been passed, one of wich is trough the role of religion. The importance of the role is broken down in the form of behavior of each individual in response to everything that is present in his life. Religion was reveald for justice, morality, mutual respect, and called for creating a peaceful order of live among fellow human beings. The importance of promoting morality based on religion will greatly affect the pattern of life carried out by every human being. one of them is responding to the upcoming 2019 preidential election. The values contained in it will certainly influence the realization of the five-year event to realize a democratic and justice election system
KAJIAN SOSIOLOGIS DALAM HUKUM KELUARGA ISLAM
Sociological studies in Islamic family law are an alternative to legal research, which is a legal research not only in the forms of existing rules, but also examines the law in the legal reality that occurs in society. Sociological studies become a different point of view, where Islamic family law research is very close to syara 'law, determining whether or not it is permissible according to syara'. Sociological research Sociological research can be a research explaining the phenomenon of Islamic family law studied with social theories. Moreover, the family is the smallest social structure in the social world. The study of legal practices in matters related to the Islamic family becomes legal studies not only in the form of normative doctrinal, but empirical non-doctrinal