Justicia Islamica (Journal)
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Prinsip Keadilan dan Musyawarah dalam Hukum Islam Serta Implementasinya dalam Negara Hukum Indonesia
No full textThe principle of social justice and the principle of deliberation in the Indonesian state of law are very basic principles. This article proves that, according to Islamic law, justice can be seen from two aspects, legal justice and social justice. Legal justice is closely related to the implementation of law, while social justice is different from the concept of social justice of socialist-communist groups or liberal groups. The concept of social justice is based on the view of social welfare. Meanwhile, the principle of deliberation and consensus is based on the spirit of kinship
Analisis Perjanjian Jaminan Fidusia terhadap Parate Eksekusi dan Perlindungan Hukumnya bagi Kreditur (Studi Kasus Pada BMT dan BPR Syariah Di Ponorogo)
No full textBased on Law No. 42 of 1999 concerning Fiduciary Guarantees (abbreviated as UUJF), in addition to the credit agreement as the parent agreement, there should also be a fiduciary guarantee binding agreement to facilitate BMT and BPR Syariah in processing fiduciary guarantee certificates. The privilege of a fiduciary security certificate is that the BMT and BPR Syariah have the authority to execute and auction the fiduciary collateral themselves without having to go through the judicial process in court. However, because a fiduciary security certificate has never been issued, in the credit process at BMT and BPR Syariah, what is often a problem is the difficulties often faced by the BMT, namely if the debtor defaults or breaks promises in fulfilling his obligations, difficulty executing and auctioning the fiduciary collateral. And in the event of execution and auction, based on the UUJF, the implementation of execution and auction carried out by BMT and BPR Syariah in Ponorogo Regency so far has actually violated the law or can be considered illegal, even though BMT and BPR Syariah have dept collectors as officers who execute collateral objects
Determinan Total Aset Bank Pembiayaan Rakyat Syariah (BPRS) di Jawa Timur Tahun 2009-2014
No full textoai:ojs.pkp.sfu.ca:article/85To create a strong and robust Islamic rural bank (BPR Syariah) in East Java, it is necessary to support it with significant asset growth so that it can increase public trust in BPR Syariah. The purpose of this study is to determine the effect of financing, third-party funds (DPK), financing to deposit ratio, and non-performing financing on the total assets of BPR Syariah in East Java. The results of the study indicate that simultaneously and partially, the factors of Financing, Third Party Funds (DPK), Financing to Deposit Ratio (FDR), and Non-Performing Financing (NPF) have an influence on the total assets of Islamic Rural Banks in East Java
Otokritik terhadap Kemandirian Badan Peradilan dalam Undang Undang Dasar Negara Republik Indonesia Tahun 1945
No full textThe independence of judicial bodies is the freedom to run and administer justice without interference from various parties, both judicial and executive interventions in upholding law and justice. Specifically regulated in Law No. 48 of 2009 concerning Judicial Power. Article 1 paragraph (1) states that “Judicial power is an independent state power to administer justice in order to uphold law and justice based on Pancasila and the 1945 Constitution of the Republic of Indonesia, for the implementation of the rule of law of the Republic of Indonesia.” Independent judicial power must be upheld both as a principle in a state based on law and to enable judicial power to ensure that government is not carried out arbitrarily or oppressively. Therefore, in order to realize a complete/kaffah independence of the judiciary, it is necessary to have a legal system that is always inspired by the value of divinity (Islam), so that the judicial independence of the judiciary under the Supreme Court is independent and free from the influence of the intervention of government power or other powers
Legislasi Mahkamah Konstitusi dalam Putusan Mahkamah Konstitusi Nomor: 46/PUU-VIII/2010 di Tinjau dari Teori Hukum Hans Kelsen Tentang Konstitusi
No full textThe legacy of the authority of the Constitutional Court (abbreviated as MK) is as follows: (1) to examine laws against the 1945 Constitution of the Republic of Indonesia; (2) to decide disputes over the authority of State institutions whose authority is granted by the 1945 Constitution of the Republic of Indonesia; (3) to decide on the dissolution of political parties; and (4) to decide disputes over the results of general elections. From the Constitutional Court's legislation, the author is interested in seeing the extent of the Constitutional Court's legislation in making a decision based on the legal theory put forward by Hans Kelsen, regarding the constitution. Kelsen's thinking encouraged the establishment of an institution called Verfassungsgerichtshoft or MK (Constitutional Court) which stands alone outside the Supreme Court, often called The Kelsenian Model. The Constitutional Court decision No. 46/PUU-VIII/2010 is a legal product issued by the Constitutional Court. From the decision, it will be analyzed with regard to the legal basis and legal considerations used by the Constitutional Court in deciding cases that are in accordance with the legal theory put forward by Hans Kelsen in his constitutional theory or not and about the legislation of the Constitutional Court in making the decision based on Hans Kelsan's legal theory
Kesejahteraan dalam Perspektif Ekonomi Islam
No full textThe teachings of Islam with its economic ideas have provided the principles of life in establishing relationships with others. It contains directions and at the same time demands that followers do their best and stay away from actions that are considered sinful. Therefore, Islamic economics which is part of the overall teachings of Islam does not just contain a collection of rules but provides a guarantee for the realization of welfare. In this article, the author intends to reveal the clarity of the concept of welfare in the perspective of Islamic economics. Islamic economics views that welfare is not merely a matter of material economic distribution but also involves non-material elements and other fields. Therefore, welfare in the economic field will be upheld along with the establishment of welfare in other fields that function to support and strengthen each other. Islamic economics requires its followers to carry out the overall teachings of Islam in all aspects of their lives. The consequence of this concept is that welfare must be seen as a manifestation of God's command to his servants. So that welfare is a continuous effort of mankind to do their best, both to God and to fellow human beings based on the guidance of Islamic teachings
Relasi Muslim dan Non Muslim Menurut Nahdlatul Ulama: Studi Atas Hasil-Hasil Keputusan Bahth Al Masail Nahdlatul Ulama
No full textAswaja ideology developed by NU has five characteristics; tawassut, tasmuh, tawazun, ta'adul and amr ma'ruf nahy an munkar. This paper wants to take a closer look at the results of the fatwa of NU clerics about Muslim relations with non-Muslims based on the five characteristics above. NU's fatwas on Muslim relations with non-Muslims can be classified into two typologies; fatwas on akidah and fatwas on mu'amalah, with different characteristics. fatwas of NU clerics related to issues categorized as ritual-akidah-theological character tend to be exclusive. While NU fatwas on mu'amalah are inclusive
Manajemen Fundraising Potret Yayasan Badan Wakaf Universitas Islam Indonesia Yogyakarta dalam Menggalang Wakaf
No full textThe development of a waqf nadhir is currently important in an effort to strengthen and develop waqf continuously for the benefit of mauqu}>f"˜alaih. One of the efforts of the nadhir is to raise funds/power in order to make a breakthrough so that the huge assets and potential of waqf management can be developed. The activity of raising power/funds by an institution is known in the current context as fundraising activity. Therefore, this paper describes and explores the uniqueness of waqf management from a fundraising perspective in the Waqf Board Foundation of Universitas Islam Indonesia Yogyakarta. The results of this paper show that the pattern of waqf fundraising is unique, such as the uniqueness of university-based waqf fundraising for community empowerment at the nadhir of UII Yogyakarta
Kompetensi Pengadilan Agama (PA) dalam Penyelesaian Sengketa Ekonomi Syariah (Telaah atas UU No. 3 Tahun 2006 tentang Pengadilan Agama dan UU Nomor 21 Tahun 2008 Tentang Perbankan Syariah)
No full textThe settlement of shari'ah economic disputes according to Law No. 3 of 2006 concerning Religious Courts is the absolute competence of the Religious Courts as a litigation institution in the judicial environment. While the settlement of shari'ah economic disputes according to Law No. 21 of 2008 concerning shari'ah banking can be done through the Religious Court and or the General Court depending on the agreement contained in the contract of the parties. The dualism of judicial competence in shari'ah economic disputes between Law No. 3 of 2006 concerning Religious Courts and Law No. 21 of 2008 concerning Shari'ah Banking shows the weakness of lawmakers, especially in the field of shari'ah economics. The dualism of competence not only reduces the competence of the Religious Court as the holder of absolute competence, but also creates legal uncertainty. Vertically the order of legislation in Indonesia and horizontally both have the same position, so that the principle of nasah mansukh or the principle of Lex Posterior Derogat Legi Priori can be done
Bukti Tanda Kependudukan Melalui Sistem Elektronik Kartu Tanda Penduduk (E-KTP) di Kabupaten Ponorogo
No full textResidence is also defined as a person's domicile, for that the author will provide an explanation of the meaning or understanding of domicile. Domicile is a place where a person is considered always present in terms of exercising his rights and obligations even though he actually resides elsewhere even a legal entity can have a certain domicile, thus domicile can mean a person's residence or the position of a legal entity. To prove a person's domicile or residence, the person must have a KTP. Regulations regarding population are contained in Law No. 23 of 2006 concerning Population Administration, Regent Regulation No. 32 of 2009 concerning Requirements and Procedures for Implementing Population Administration and Civil Registration and Minister of Home Affairs Regulation No. 9 of 2011 concerning Guidelines for Issuing Identity Cards Based on Population Identification Numbers Nationally