Justicia Islamica (Journal)
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Sejarah Hukum Pencatatan Perkawinan di Indonesia
No full textNikah siri merupakan fenomena yang debatable di berbagai kalangan dan dari berbagai aspek. Begitu juga dari aspek hukum, yang melihatnya dari sisi perlu tidaknya pencatatan perkawinan, sebagaimana ketentuan dalam Pasal 2 Undang-undang Perkawinan. Pembahasan dari aspek sejarah hukum pencatatan perkawinan diperlukan, di samping juga karena merupaan salah satu argumen yang menyatakan tidak perlunya pencatatan perkawinan, juga untuk mendapatkan pemahaman yang komprehensip tentang hukum pencatatan perkawinan. Di akhir tulisan disimpulkan, bahwa hukum pencatatan perkawian sudah dikenal di Indonesia sejak sebelum kemerdekaan dengan adanya BW dan HOCI. Sedangkan setelah kemerdekaan adalah dengan Undang-undang No. 22 Tahun 1946 dan No. 32 Tahun 1954. Dan lebih tegas dengan Undang-undang No. 1 Tahun 1974 tentang Perkawinan, dan KHI
Tinjauan Pasal 33 UUD 1945 terhadap Praktik Kontrak Karya di Indonesia
No full textIndonesia is a country rich in natural resources. In the management of natural resources has been regulated in Article 33 of the Basic Law (UUD/Constitution) of 1945, which mandated to prioritize the welfare of the people in its management. This article aims to study the problems of implementation of the contract of work in Indonesia in the review of Article 33 UUD 1945 which is the foundation in the natural resource management in Indonesia. In the practice of contract of work in Indonesia there are many other problems arising from the implementation of the contract of work in Indonesia. This is because the policy and implementation of the work contract that has not been in accordance with the provisions contained in Article 33 of the Constitution, 1945. Additionally, realize the mandate of Article 33 of the 1945 Constitution are extremely vital and urgent. This is in order to create a uniform public welfare in a sustainable manner and not create unequal economic growth and controlled by the investor or foreign.
Peran Strategis Bank Syariah dalam Mengupayakan Solusi bersama Permasalahan Akuntansi pada Usaha Mikro, Kecil, dan Menengah (UMKM)
No full textIslam as a system of life for all mankind emphasizes the importance of justice in all aspects of life. Including in the economic aspect, Islam emphasizes the importance of upholding justice and eliminating injustice in every economic transaction. Therefore, Islam provides guidance on various provisions that need to be avoided so that economic transactions do not fall into injustice, including usury, maysir, gharar and unjust transactions. Instead, Islam replaces them with various forms of contracts that embody justice and brotherhood. In the context of the modern economy, economic institutions operating in Muslim societies should also always strive to realize these sharia-compliant contracts
Komnas Perempuan sebagai Statute Auxialiary Bodies di dalam Penegakan Hak Asasi Manusia Perempuan di Indonesia
No full textThe poor condition of Indonesian women nationally, where the education of Indonesian women in general is still low, as well as low physical quality and inadequate non-physical, plus the social and cultural environment conditions of most Indonesian people who are less supportive of women, then the enforcement of human rights is not implemented. The May 1998 tragedy prompted the President to issue Presidential Decree No. 181 of 1998 as the legal basis for the National Commission on Violence Against Women, which was updated by Presidential Regulation No. 65 of 2005. This commission is an independent human rights commission institution established by the state to respond to the issue of women's rights as part of human rights. To realize the enforcement of women's human rights, the commission has the following tasks: a) dissemination of understanding, b) studies and research, c) monitoring, d) recommendations and regional and international cooperation
Retraction: (Etika Bisnis Islam Pedagang Sapi dan Dampaknya terhadap Kesejahteraan Pedagang di Kecamatan Masbagik Kabupaten Lombok Timur)
No full textThis study aims to analyze the application of Islamic business ethics among cattle traders and its impact on their welfare in Masbagik District, East Lombok Regency. The research method used a qualitative approach with data collection techniques through in-depth interviews, observations, and document studies. The results showed that the implementation of Islamic business ethics principles, such as honesty, justice and social responsibility, had a significant effect on improving the economic and social welfare of the traders. However, there are also some obstacles in its implementation, such as the lack of in-depth understanding of sharia and market pressure. This study provides recommendations for businesses and policy makers to strengthen Islamic financial literacy and encourage ethical business practices to improve people's welfare
Perlindungan Hukum terhadap Maternal Perinatal, Neonatal, dan Pemberian Asi Eksklusif Menurut Peraturan Menteri Kesehatan No. 97 Tahun 2014 dan Undang - Undang Kesehatan No. 36 Tahun 2009
No full textThe number of maternal deaths, and infant deaths (perinatal and neonatal) has increased every year, so that there is no legal protection against maternal and infant deaths. As well as the large number of breastfeeding mothers who do not provide exclusive breastfeeding, the absence of local regulations governing lactation and the availability of lactation rooms The type of research is field Case studies in this study by knowing the legal protection of maternal, perinatal, and neonatal according to the Minister of Health Regulation No. 97 of 2014. Legal Protection of Exclusive Breastfeeding According to Health Law No. 36 of 2009
Minister of Health Regulation No. 97 of 2014. This regulation emphasizes that patients have the right to obtain health services, although it does not explicitly mention that patients get legal protection if doctors, midwives, hospitals are proven to have defaulted. Patients can make legal efforts and have the right to file a lawsuit and compensate material and immaterial damages in accordance with the Criminal Code and Civil Code. Exclusive Breastfeeding According to Health Law No. 36 of 2009. The law strictly regulates exclusive breastfeeding with strict sanctions for someone who prohibits breastfeeding for working women. In its implementation, there are still some breastfeeding mothers who work, only providing exclusive breastfeeding during maternity leave (2 months). As well as the absence of local regulations governing lactation and the unavailability of lactation rooms in public facilities
Nikah Sirri and its Responses from Religious Court: Taking Sides between Acceptation and Refutation
No full textThis paper describes on the regulation of nikah sirri and its responds from the various society, especially from the religious leader’s view in Madura. Criminalizing the subject of nikah sirri become debatable issues for Madurese community in the socially and religiously context. Either the acceptations or refutations for this case become the crucial point to discuss academically because both of responses supported by the logical argumentations. It considered as the progressive policy to minimize it cases and protect the rights of wife and children legally, socially and economically. In other side, the criminalizing regulation viewed as the overlapping law because it reduction the Islamic Law. In order to bridge this case, the leader communities played the significant role to mediate it through the legal frameworks. Furthermore, this paper aims to provide the position of criminalizing regulation for the subject of nikah sirri as well as the role of leader communities in Madura to mediate the differs argumentations behind it. In conclusion, the researcher believed that the leader communities in Madura have the opportunities to solve the problems of nikah sirri based on the religious, social and cultural reasons
Urgensitas Penguatan Kompetensi Penyelesaian Sengketa Ekonomi Syariah di Pengadilan Agama dalam Mengawal Pertumbuhan Industri Keuangan Syariah di Indonesia
No full textThe growth of the Islamic financial industry in Indonesia requires the support of a competent and effective dispute resolution system. This research examines the urgency of strengthening the competence of sharia economic dispute resolution in the Religious Courts as an important instrument in guarding the development of the halal industry. The research method uses a qualitative approach with analysis of literature, legislation, and case studies related to the performance of the Religious Courts in handling sharia economic disputes. The results showed that human resource capacity, comprehensive understanding of sharia principles, and harmonization of regulations are still the main challenges. Efforts are needed to increase the competence of judges, optimize mediation institutions, and synergize with Islamic financial authorities to strengthen legal certainty and public trust. Thus, the Religious Courts can play a more effective role in encouraging the sustainable growth of the Islamic finance industry in Indonesia
Sanksi Kebiri Kimia Bagi Pelaku Kejahatan Seksual terhadap Anak (Analisis Undang-Undang Nomor 35 Tahun 2014 Studi Komparatif Hukum Pidana di Indonesia dan Hukum Pidana Islam)
No full textIn Indonesia, cases of sexual crimes have increased every year, the victims are not only adults, but now they have spread to teenagers, children, and even toddlers. The phenomenon of sexual crimes against children is increasingly common and has become global in almost every country. Cases of sexual crimes against children continue to increase from time to time. The increase is not only in terms of quantity or the number of cases that occur, but also in terms of quality. More tragically, the perpetrators are mostly from the family environment or the environment around the child, including in his own home, school, educational institutions, and the child's social environment
Relevansi Tata Kelola Wakaf Turki terhadap Pengembangan Wakaf Produktif di Indonesia
No full textThis paper describes the profile of productive waqf management developed in Turkey and tries to relate certain aspects in the context of waqf development in Indonesia. Waqf management in Turkey in terms of history, legal formation, and asset management, especially productive waqf assets, has grown rapidly and at least contributed to the state and the empowerment and independence of the community. The institutional, governance, and distribution of waqf proceeds have had major implications for the Turkish state. At least by positioning waqf assets to be developed productively, it has strengthened the function of waqf in the transformation of Muslims specifically. In this context, it is possible that the efforts that have been made by Turkish waqf in terms of asset productivity are taken more integratively for the development of waqf in Indonesia