Justicia Islamica (Journal)
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Rasionalitas Konversi Bank Konvensional ke Bank Syariah
No full textShari’ah banking, for the last ten years, has increased in prosperity not only at the quantity of conventional banks but also at the count of assets and customers. This economical opportunity drives amount of conventional banks both to convert their institutions to be shari’ah banks and to open officially shari’ah platform units with their own assets. This system takes a significant question, is the conversion effected by both banker ideological factor and capitalists or pure economical rational calculation? Is a religious consideration linked to economical rationality? This paper is to elaborate the conversion using not only ”˜choice theory’ but also ”˜rational action’to seek religious action possibility in a reasonable way of shari’ah banking
FENOMENA NIKAH SIRI DALAM PERSPEKTIF SOSIOLOGI HUKUM
No full textNikah siri yang diperbolehkan dalam hukum Islam adalah nikah yang syarat dan rukun nikahnya telah terpenuhi yaitu: wali nikah, dua orang saksi yang adil, ijab dan kabul. Sementara nikah siri yang dilakukan dalam pengertian tidak adanya wali nikah adalah tidak sah. Nikah yang sesuai dan sah menurut hukum Islam namun tidak dicatatkan di KUA, hukumnya tetap sah, namun perkawinan tersebut tidak memiliki legal hukum. Artinya segala hak yang timbul yang dilindungi oleh undang-undang tidak diberikan seperti pengakuan oleh hukum atas anak yang dilahirkan sehingga pemerintah tidak dapat melindungi hak-hak anak tersebut seperti memberikan akta kelahiran
Implementasi Eksekusi Uang Paksa (Dwangsom): Studi terhadap Putusan-putusan Hakim tentang Uang Paksa (Dwangsom) di Pengadilan Negeri Ponorogo
No full textPonorogo District Court is a court of first instance that handles many civil and criminal law cases. In handling civil law cases filed at the Ponorogo District Court, sometimes there are also demands for forced money / wangsom. From 2009 to 2013 based on the results of interviews with Mrs. Heny Trimira, deputy chairperson of the Ponorogo District Court there were 15 to 20 cases of default disputes in which there were also demands for forced money, but only 5 cases were granted. The reason why not all forced money claims are granted by the court is because in practice it is already difficult to enforce the main claim. Based on the five decisions sampled from 2009 to 2013, three decisions granted the main verdict and the award of dwangsom as a guarantee for the implementation of the main verdict. So that if you pay attention, even though the five decisions above have a dwangsom claim, not all of them were simultaneously granted by the panel of judges in the decision. So from the five decisions, with the granting of 3 decisions on the application for dowry, it proves that dowry is still relevant to be used as a guard so that the main decision is immediately implemented by the losing party
Kejahatan Narkoba: Penanggulangan, Pencegahan dan Penerapan Hukuman Mati
No full textBasically, drug crime is a form of extra ordinary crime. Of course, it needs joint steps in combating it. All parties should continue to be aware of drug trafficking. The war on drugs must involve all components of the nation because drugs are an extra ordinary crime. Narcotics are substances or drugs derived from plants or non-plants, both synthetic and semisynthetic, which can cause a decrease or change in consciousness, loss of taste, reduce to eliminate pain, and can cause dependence, which is divided into groups as attached in Law Number 35 of 2009 concerning Narcotics.
Akta Notaris Sebagai Alat Bukti Tertulis Yang Mempunyai Kekuatan Pembuktian Yang Sempurna
No full textIn Indonesia, the setting of the Institute of Notary regulated in Law No. 30 of 2004 Undang-undang Jabatan Notaris (UUJN). Based UUJN can be explained that the notary is a public official authorized to make the deed which the deed is a deed that is authentic. An authentic act can be divided further into deed made by the officials and the deed made by the parties. To be classified as a deed of a letter must have the signature as required in article 1869 Civil Code. So the function signature is none other than to characterize or to mengindividualisir a certificate can be viewed as the identification of signatures affixed to the deed. In order to act as evidence has the force of proof writing is perfect, then the deed must qualify the authenticity of which is determined by law, one of which must be made by or before the authorities. In the event must be made by the competent authority or before the notary profession is a very important role in fulfilling the terms of the authenticity of a letter or certificate that has the perfect strength of evidence (Article 1 UUJN). Perfect proof of the power contained in an authentic act is a blend of some of the strength of evidence and the requirements contained him. The absence of any proof or strength of these requirements will result in an authentic deed has no evidentiary value of the power of the perfect (volledig) and binding (bindende) so that the deed will lose their authenticity and no longer an authentic deed. In an authentic deed must satisfy (i) the strength of proof of birth, (ii) Strength Formal Verification and (iii) The power of the Material Evidence. Then apart from the strength of evidence is based UUJN that a notary has the authenticity requirement, then at the deed must be (i) The penghadap who are qualified (minimum of 18 years or have been married and legally competent) facing the Notary in the working area notary public is concerned, (ii) The penghadap must be known to the notary or introduced to it by 2 (two) witnesses identification of at least 18 years old or have been married and legally competent or introduced by 2 (two) other penghadap; (iii ) The penghadap express intention; (iv) the purpose of the Notary mengkonstatir penghadap in a deed, and (v) the notary read the wording in the deed to the penghadap and was attended by 2 (two) witnesses who meet the requirements, and (vi) Immediately after the deed was read the penghadap, witnesses and the notary then affix his signature, which means justify what is contained in the deed, and the signing must be done at that time
Bay' al-Murabahah: Mendudukkan Kembali Posisinya dalam Perbankan Syari’ah
No full textNowadays, Mura>bah}ah transaction becomes the most popular product which shari>’ah banking uses to sell its assets for amount of reasons. Total amount of shari>’ah banks store and transact their assets (fund) in mura>bah}ah system. The reason is that this product has not only small risk but also ease to manage related to muz}a>rabah and musha>rakah system. In the other hand, Many people don’t understand mura>bah}ah mechanism precisely. They often think that mura>bah}ah mechanism is as credit as well. It is, in fact, that mura>bah}ah system is a cash transaction which shari>’ah banks have. This paper is to elaborate mura>bah}ah system as a product of shari>’ah banking
PELAKSANAAN EKSOGAMI DALAM ADAT MINANGKABAU MENURUT PANDANGAN ISLAM
No full textHubungan hukum agama Islam dan adat selalu diwarnai oleh berbagai isu seperti kesesuaian adat dengan hukum Syariah karena tidak dapat dinafikan bahwa ada sebahagian adat yang tidak bersesuaian dengan hukum Syariah. Salah satu adat yang sering dipertikaikan apakah bersesuaian dengan hukum Islam adalah adat dalam sistem kekeluargaan dan perkawinan, sebagai contoh adalah masyarakat Minangkabau, di mana memegang kukuh adat istiadat mereka. Hal ini terlihat jelas dari falsafah pegangan mereka yaitu Adat bersandi syarak dan syarak’ bersandi kitabullah, akan tetapi di sisi lain suku Minangkabau ini menganut pola perkawinan eksogami dengan batasan eksogami suku yang mana setiap individu dilarang berkawin dengan individu lain yang memiliki suku yang sama dengannya. Ramai yang beranggapan bahwa adat ini tidak bersesuaian dengan hukum agama Islam. Tujuan dari kajian ini adalah untuk melihat hubungan pelaksanaan Eksogami sebagai adat yang berlaku di Minangkabau dengan hukum mengenai mahram yang telah di tetapkan dalam Syariah Islam. Kajian ini mendapati bahwa tidak terdapat pertikaian antara pelaksanaan eksogami sebagai adat yang berlaku di Minangkaba
Pengaruh Tingkat Debt Financing dan Equity Financing terhadap Profit Expense Ratio Perbankan Syariah (Model Sequention Explanatory Research)
No full textThis study aims to determine the effect of the level of debt financing and equity financing on the profit expense ratio of Islamic banks, which will later be used to determine how much commitment the Islamic bank has in helping to build the economy of Muslims. In this research, the author used the Combination Research Method with the Sequential Explanatory Model, with an Associative approach. The result of the analysis is the tcount value for debt financing is 3.490 and for equity financing is 0.510. Because 3.490 < 2.179 or t-count < t-table, H0 is in the rejection area, meaning that the relationship and influence that occurs between the debt financing variable and the Profit Expense Ratio is significant and 0.510 > 2.179 or t-count > t-table, H0 is in the acceptance area, meaning that the relationship and influence that occurs between the equity financing variable and the Profit Expense Ratio given is not significant. equity financing has an effect but not significant on the profit expense ratio of Islamic banks. The test results obtained Fcount value of 6.452 while Ftable is 3.88 So, H0 to test the significance of multiple linear regression is in the rejection area, meaning that the influence and relationship between the independent variables; debt financing, equity financing with the non-independent variable, namely the profit expense ratio given is significant and meaningful enough to be used as the basis for conclusions in the population under study. For the commitment of Islamic banks to the Muslim economy, it can be seen from the profit sharing yeld of customers per year. The average profit sharing offered by both Islamic banks ranges from 5 to 8%, this means that Bank Muamalat and BSM have succeeded in achieving the purpose of their existence on profit sharing and as an intermediary institution has carried out its function well, which has contributed to the development of the quality of Muslims
Permintaan, Penawaran, dan Harga Perspektif Ibnu Khaldun
No full textIbn Khaldun is one of the famous economists in the history of Islamic thought, where he lived in the second period of the history of Islamic thought. In his book Muqaddimah, he describes many economic theories that are widely applied in modern economics, one of which is the theory of demand, supply and price. He agrees that the price is formed from the tug of war of supply and demand, while still considering other factors. In this case, Ibn Khaldun's theory has many similarities with modern economics, this may be due to many Western thinkers who adopted his thoughts, although Ibn Khaldun's theory tends to lead more to empirical evidence than to be poured into statements
Sukuk Sebagai Alternatif Investasi Syari’ah di Indonesia
No full textSukuk was one of the alternatives of investment and sources of development fund primarly in infrastructure because of the advantages of the sukuk self namely : (1) the used of sukuk fund from the beginning was clearly to developing certainty projects example infrastructure development in Indonesia, (2) sukuk risks was clearly from the beginning of the projects, and (3) the used of sukuk fund should be discipline because sukuk fund was clearly correlated with certainty projects. The development of sukuk in Indonesia was slowly because of regulation aspect, tax aspect, operational aspect, and product aspect. These factors became the challanges for the Indonesian government to solve immediately in order to sukuk was one of the attractives investment in Indonesia