Justicia Islamica (Journal)
Not a member yet
356 research outputs found
Sort by
Tinjauan Yuridis terhadap Perma No. 2 Tahun 2015 tentang Tata Cara Penyelesaian Gugatan Sederhana
No full textThe Supreme Court made a new breakthrough in the civil justice system with the issuance of Supreme Court Regulation No. 2 Year 2015 on the Procedure for Settlement of Simple Lawsuits. Disputes that can be resolved are default or breach of promise disputes with a maximum dispute value of Rp. 200,000,000.00 (two hundred million rupiah). Resolved with a maximum grace period of 1 month (25 working days). Every trial that takes place must be attended by both parties and or their attorneys in dispute. The judge who examines the case is a single judge, not a panel. When examined from the principles of civil procedural law, both in the HIR, Law No. 5 of 2004 concerning the Supreme Court, and Law No. 48 of 2009 concerning Judicial Power, there are many deviations from the principles of civil procedural law
The Protection of Human Rights in Islam: As Discoursed in the Works of Al-Qaradawi
No full textThis paper deals with the issues of human rights as crucially discussed in the works of al-Qaradawi, such as Fatawa al-Mu”˜asarah, Fi Fiqh al-Dawlah fi al-Islam, Fiqh al-Jihad, Fiqh al-Awlawiyyat, Fiqh al-Aqalliyyat, Fiqh al-Zakah and other major contributions by him in the field of human rights. It fundamentally discussed the principle of safeguarding human rights relating to religious freedom, freedom of expression, freedom of conscience, rights of minority, gender equality, and other crucial topics substantively discussed by him. The outcome will highlight Qaradawi’s prominence as advocate of human rights and his position in this crucial issue and its contemporary relevance and significance for the ummah
Diskursus Kalender Hijriyah Global Pasca Kongres Istanbul Turki 2016
No full textIn May 2016, Muslims from several countries held the International Hijri Calendar Unity Congress in Istanbul Turkey. At the end of the congress, the result of the voting concluded and published the single calendar system (singular calendar) based on the visibility of the new moon. Calendar is an expression of the collective activity of the rhythm and reflects the resilience and the strength of a civilization. So the existence of the calendar is accurate and consistent as an civilization imperative and is a prerequisite for a civilization to exist and thrive. The characteristic of the revival civilization is when the civilization was able to answer the challenges of the past. Civilization is a mechanism in the social organization, so there is no problem that can not be settled or compromised unless the issue by political or economic interests. There is no difference with the other calendar, the Islamic calendar is a reality that issued by a handful of elite (read: the ruling group of important people in the community). A public position in the affinity people are consumers of course-and practice-calendar produced by their elite. The feature of Hijrah calendar in a country is a clear reflection of the particulars of their elites. Hijrah calendar unity is nothing but a fruit of the unity of authority, and the authority here is Ulil Amri
Konsep Ekonomi Jamaah Tabligh: Studi Pemikiran Maulana Muhammad Zakariyya dalam Kitab Fadhilah Al-Tijaarah
No full textJamaah Tabligh is a sect that focuses on the issue of increasing faith and good deeds, by moving to invite and preach through khuruj fiisabilillah, which is going out for 3 days, 40 days or 4 months. Because of the obligation to leave their families for a certain period of time, there is a growing assumption in the community that they often neglect their families during khuruj, do not provide for them and do not work. However, they also have guidelines on economic activities in everyday life, which are contained in the book Fad}ilah Tijarah by Maulana Zakariyya Al-Kandahlawi. This book not only discusses the virtues of trade, but more broadly discusses how a Muslim should seek the necessities of life by paying attention to the signs of Islamic law. The existence of this book proves that the Tabligh congregation actually also has attention to economic activities and world affairs
Kajian Hukum Progresif Terhadap Pasal 2 UU No 1 Tahun 1974 Tentang Perkawinan
No full textA marriage, refers to legal law of marriage article 2, is legitimate if the doers marry under their religious law. A legal marriage refers both to doers’ religious procedures and to society perspective. Nevertheless, the most important thing is that government trough its officers should legalize the marriage for legal reason. An illegal marriage and divorce will drive to problematic level. It is probably legal for society but illegal to marriage officers as ”˜pencatat nikah’ who base their legality to legal law of marriage. The former, consequently, takes ”˜negative domino effect’ not only for a wife but also for her kids legally and socially. This short paper is to elaborate legal law of marriage by using both progressive law, shari>’ah law and law educational system. Do progressive law and the others afford and give solution to protect women and their kids legally and socially
Peran STAIN Ponorogo dalam Memotivasi Sarjana Menjadi Wirausaha Muda Mandiri
No full textThe role of a university in motivating its undergraduates to become young entrepreneurs is very important in growing the number of entrepreneurs. With the increase in entrepreneurs from among undergraduates, it will reduce the increase in unemployment and even increase the number of jobs. The question is how the college can produce young entrepreneurs. The role of higher education in fostering entrepreneurship can be explained by several opinions of experts in the field of entrepreneurship. One of them is explained by Thomas Zimmerer that one of the factors driving entrepreneurial growth is entrepreneurship education. In addition, Douglas A. Gray suggested starting a business early, for example when he was in college. While this study seeks to collect empirical data on motivational factors that encourage undergraduates to become entrepreneurs. The results of this study state that the satisfaction factor, the freedom to live life factor, and the opportunity factor, are factors that encourage STAIN Ponorogo alumni to decide to become entrepreneurs. So the role of universities, especially STAIN Ponorogo, is to provide information about opportunities, satisfaction and freedom to live what life will get if you become an entrepreneur, as well as provide entrepreneurship education, and provide a forum for students to apply their knowledge by setting up small businesses in locations around the college. The role of a university determines the creation of reliable young entrepreneurs
Aborsi dan Hak Atas Pelayanan Kesehatan: Sebuah Tinjauan Teologis, Yuridis, dan Medis
No full textAbortion, at this contemporary era, is fiercely controversial issue for amount of people. Nevertheless, It is a health problem of so many society cause not only diseases but also mother’s death. Abortion is also supposed to be one of several factors for rising mother’s death in Indonesia. It happens because of cases; it can be medical or non-medical motive. Abortion which is medical motive is permitted for prerequisites. Otherwise Abortion which is non-medical motive such as sex harassment pregnancy is not permitted by both Islamic jurisprudence and legal law. But in fact, amount of abortion cases are due to non-medical motives. This paper tries to explore and describe abortion and its connection to health service rights.
Model Manajemen Fundraising Wakaf Pada Yayasan Dana Sosial Al Falah (YDSF) Surabaya
No full textNazir autonomous and continuity is always needed to share out properties donated for religious or community use (wakaf product) continuously. This assumption actually needs wakaf’s properties and fund sources to increase fundraising model of wakaf. This article is to investigate fundraising model of wakaf trough conventional resources, assets productivity, and ”˜in-link’ of wakaf at YDSF Surabaya. The writer uses qualitative descriptive approach to seek the field data from a single case. Findings show that “Yayasan Dana Sosial al-Falah” (YDSF) Surabaya applies not only fundraising management of wakaf to improve resource fundraising model for collecting conventional resources but also grant fundraising to enrich wakaf distribution program. YDSF does not empower asset fundraising model yet, so it is at direct management cluster category.
PROBLEMATIKA IMPLEMENTASI ASAS-ASAS UMUM PEMERINTAHAN YANG BAIK (AUPB) DALAM EKSEKUSI PUTUSAN PTUN
No full textKehadiran hukum administrasi serta peradilan administrasi menjadi sangat penting dalam negara hukum, utamanya bagi negara hukum yang menganut paham rechtsstaat seperti Indonesia yang sudah mengakui eksistensi peradilan administrasi sejak lama. Asas-asas umum pemerintahan yang baik (AAUPB) menjadi sebuah keharusan dalam sistem peradilan administrasi. Oleh karena itu, penyelenggaraan pelayanan yang dilakukan oleh aparatur negara dalam berbagai sektor, wajib dilaksanakan sesuai dengan amanat Undang-Undang Dasar 1945, serta bersandar pada asas-asas umum pemerintahan yang baik (AUPB). Penormaan AUPB dalam hukum positif Indonesia dewasa ini dapat ditemukan dalam beberapa dasar hukum, yakni salah satunya dalam UU No. 30 Tahun 2014 Tentang Administrasi Pemerintahan. Dengan berpedoman pada dasar hukum tersebut, berbagai keputusan hakim PTUN harus lebih progresif dibanding ketentuan sebelumnya. Namun, dalam praktik terdapat problem implementasi AUPB dalam pelaksanaan eksekusi putusan PTUN. Padahal AUPB merupakan dasar pijakan yang baik dalam membentuk image penegakan hukum di Indonesia, khususnya dalam menjaga keselarasan pelaksanaan hukum oleh penguasa agar tidak disalahgunakan dan bebas dari praktik korupsi, kolusi dan nepotisme, termasuk dalam implementasi eksekusi putusan PTUN
Pergerseran Hukum Islam dari Reduksionis ke Sintesis: Telaah Pemikiran Ziauddin Sardar
No full textShould be rocognized that the Islamic world faced with stagnation or failure to comply with the role of ijtihad. This era of stagnation began after a period of codification (asr al-tadwin) as the emergence of a dogmatic assumption that the achievements of the classical scholars (mujtahid) has been final, so no longer need a renewal of thought. So there was a shift in mindset, from ijtihadi pattern to taqlidi pattern. According to Ziauddin Sardar, There are several reasons that cause the failure of muslims to answer the call of ijtihad. One of them is that the majority of muslims place sharia/Islamic law on the position of the holy (sacred shariah), and they reduce the meaning of shari'a itself and other Islamic concepts