DIKTUM: Jurnal Syariah dan Hukum
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SOSIOLOGI PENEGAKAN HUKUM DALAM KEJAHATAN GENG MOTOR
Full text linkWe know that the rule of law requires both citizens and governments to be subject to known and standing laws. The enforcement or supremacy of law also requires generality in the law. This principle is a further development of the principle of equality before the law. Laws should not be made in respect of particular persons. Those laws ought not to be too easily changeable. Stable laws are a prerequisite of the certainty and confidence which form an essential part of individual freedom and security. In this connexion, when the Geng of Motorcycle appeared, there are many problems of law in society. They can’t feel their freedom, security and conducive situation. Therefore, we must give a big attention to solve the Geng of Motorcycle, so that in society the laws ought to be rooted in moral principles, which cannot be achieved if they are framed in too detailed a manner. The enforcement of law to the Geng of Motorcycle requires a definition of law to which the above principles may go some way. A failure to maintain the formal differences between these things must lead to a conception of law as nothing more than authorisation for power, rather than the guarantee of liberty, equally to all.The rule of law ensures that individuals have a secure area of autonomy and have settled expectations by having their rights and duties pre-established and enforced by law
ANALISIS KEDUDUKAN HUKUM DALAM ALQURAN (Suatu Analisis Keadilan dan Kemanusian)
Full text linkThe Qur'an not only regulates human vertical relationship with God, but also set the horizontal human relationships with each other and with the natural surroundings. The number of verses in the Quran the law only slightly compared with the governing creed. Verses such laws are generally global, in tune with the dynamics of a society that is always dynamic, growing and changing. The concept of the law of the Koran integrating between justice and humanity, which is reflected in the implementation of the punishment like any concepts valuable humanitarian obligations. The concept of justice and humanity in the law is essentially a objectives of Islamic law
TA’LIK TALAK DALAM PERSPEKTIF FIQH DAN KOMPILASI HUKUM ISLAM (Analisis Perbandingan)
Full text linkThis paper describes the problem Ta'lik Separations Fiqhi perspective and Compilation of Islamic Law. Discussion of the results obtained by the understanding that: the problem Ta'lik Separations, deviation occurs among the jurists, some of which allow and disallow others. While in Indonesia Ta'lik Separations has existed since the Dutch era, and has undergone many changes even at the time of independence to the present, the formula had been established by the Ministry of Religious Affairs in order to protect his wife from ill-treatment from her husband. In the administrative procedures for the settlement of marriage Indonesia, proof of being part Ta'lik Divorces are very important in order to meet the demands of applicable legislation for citizens, especially Muslims, this is important because it is one evidence in court, in case of contested divorce
PEMBERLAKUAN ATURAN PERKAWINAN ADAT DALAM MASYARAKAT ISLAM LEIHETU-AMBON
Full text linkThis research aimed at describing empirically the criteria of determining partners for life, the ways of carrying out the wedding and wedding ceremonies before. During, and after the marriage oath with all its regulation sets. These were studied stroke the approach of legal anthropology, namely, observing how to events of customary regulation operated in the empirical world, how the community members behave actually. In the behavior what roles call be seen from the various normative which to place in their surrounding.m Nowadays, in the applications of the customary in the Islamic community of Laihitu, the configuration of customary cultural an Islamic values had taken place. As the Islamic values were unified in to the application of customary cultural plastice, then at that time they were considered as customary regulation. In the terminy the partner for life, a young man shall give priority to regulation factor, descendent and should avoid endogamic system. The nature of family relationship followed by the community was patrilineal system. To carry the wedding ceremonies, there were to choices: (1) through marriage in which the husband carried off his wife to another city or place (“balari bini”); and (2) through marriage in which a young man proposed to marry a girl to be his wife (“kawin minta bini”). One of the two ways could be be done on the condition that the responsibility for the rights and obligations, legal guarantee, and legal certainty should be taken into consideration. Before the wedding ceremonies, it was claimed that both sides unite the perception in one family gathering (Bakumpul basudara). This family gatering was a unifying force for friendship and as a team of successfulness in the wedding ceremonies. The regulation that should be obeyed was the execution of contract (Ijab qabul) according to the procedures and the necessity that the bridegroom should obey the usual regulation of the time he met the bride. After the marriage oath, each family should appliciate the service of all persons taking part actively in the ceremonies by making something as standar
PERBANDINGAN MASLAHAT DALAM PANDANGAN IMAM MALIK DENGAN IMAM AL-GAZALI
Full text linkThe idea of benefit to Imam Malik has a style of its own, which makes the beneficiaries as a method of law that can provide special insight into the passage of a general nature, and even tend to practice the beneficiaries rather than nas, nas contextually if it is not in accordance with the socio society. Beneficiaries in view of al-Ghazali is an expression of something that will benefit and refused harm, the beneficiaries can maintain the intent Syari'a. The purpose of the Syari'ah concerning humans, there are five cases, which is preserve religion, life, intellect, lineage, and wealth. What are five things related to it are called beneficiaries. Otherwise everything can destroy five of the above named mafsadat. Differences thought benefit to Imam Malik and Imam al-Ghazali lies in the use of the ratio in the determination of the existence of a benefit. Imam Malik freer in the use of ratios to determine the existence of a benefit. While Imam al-Ghazali still assume that the ratio is able to capture the presence or absence of a benefit as justified by the revelation. Thus the applicative, Imam Malik freer in determining beneficiaries than Imam al-Ghazal
MARKETING DALAM PERSPEKTIF HUKUM ISLAM
Full text linkSpiritual marketing is accomplished when the business we are able to provide happiness, honesty and fairness runs, whatever field we're in. do not conflict with Islamic principles. Characteristics of Islamic marketing is: Rabbaniyyah, Akhlaqiyah, Al-waqiyyah, and human. Implementation of Marketing Sharia implemented when nine ethical marketing can be realized, namely: piety, Siddiq, Al-Adl, Khidmah, Al-Amanah, Su'uzh-Zahn, backbiting, and do Riswah. Conventional marketing is free marketing value and not based on divine values in all marketing activities, marketers only focus on achieving set targets sellers. In Islamic marketing a must that every marketing activity he is always being watched by Allah, so be very careful in maintaining the marketing activitie
PORNOGRAFI DAN PORNOAKSI DALAM PERSPEKTIF HUKUM ISLAM
Full text linkThis paper describes the problem Pornography and pornographic in perspective of Islamic law. From the day the results of the study some literature gained an understanding that pornography and porno-action basically there and known since time immemorial even as old as the history of human civilization in the world. The history of pornography in the Western world mostly refer to the Renaissance, the Enlightenment and the French Revolution. In the 16th century, the roots of pornography in the Western world is considered as a balance between the field of politicians, and sexual. Some of the things a means of dissemination are: First, the internet through various websites that describe and create a narrative about the sexual activities of artists and other public figures to ordinary people with different sexual activities either normal or abnormal (homo-sexual, lesbian etc. other). Second, through television soap operas, stories about celebrities, music performances presenting Nudity. Third, tabloids and magazines that display images of half-naked to the naked full of stories from the myth to the real story about sex. Fourth, sex teaching aids such as artificial genitals (there are electronic vibration and warmth made) that can be used for deviant sex offender. Fifth, the computer programs are filled with a variety of films, stories and pornographic images. Sixth, telephone and mobile phone to be used as a means to make it easier affair, either through direct negotiations or through spoofed SMS to further facilitate the acronym of cheating. Pornography in the perspective of Islamic law are forbidden, it is clearly a normative based on several verses in Surah al-Nur verse 30, 31 'and surah al-Isra' verse 32. And some of the traditions of the Prophet, Which expressly prohibits. In addition, the provisions of the MUI Fatwas No. dated August 22, 2001. year 287 2001 clearly and unambiguously forbids pornography in all its forms
UPAYA MENGIMPLEMENTASI WIBAWA PENEGAK HUKUM MELALUI PENEMUAN HUKUM
Full text linkThe existence of laws in the midst of society is to protect the interests of human beings that need to be enforced and implemented. In enforcement, often clash between fair and unfair, but all that is relative. Therefore, to fulfill a sense of justice, any rule of law made always comes with an explanation. However, once it was called the explanation, it often creates a new explanation for just described "pretty clear" the text of the law alone, so it still requires more explanation. Coupled with the rules that no longer fit with the demands of the times. This is where the legal discovery required by either law enforcement or interpretation of legal discovery freely outside the law. This way will give birth to the authority of law enforcement officials in the midst of societ
PERLINDUNGAN HUKUM TERHADAP RAHASIA DAGANG
Full text linkThe secret of trade now is already one form of investment expensively beside the form of another investment that must be maintained against all parties for not abuse for interest of another parties through one mechanism of inhonest competition. The secret of trade is information in field of technology and business that is not known by public, to have value of economy caused by useful in activity of business, and kept the secret by the owner of the Trade Secret. The protection of law for secret of trade can be separated into some parts, they are: 1. There is contract element/agreement 2. The right of owner of Trade Secret is noticed (there is right of exclusive) 3. Display of unlawfull actions 4. The solution of conflict in state court 5. The transfer of rights of trade secret 6. There is no time period of protecting trade secret.What is the attempt of trade secret owner in maintaining the existence of trade secret for solving the competition that is not healthy by competitors and there is no good intention, and what is the form of conflict solution in breaking of the trade secret. System of Trade Secret Protection has wider scope, because there is provision in it that the breaker can be claimed by civil and criminal matter. The giving of law protection on trade secret has important meaning, namely as foundation for effective protection for forms of information secretly categorized as secret of the trade by regulation of preventing unhealthy practice of competition that can damage the people. It is suggested the protection of Law for Trade Secret is stipulated in better focus because Secret of trade is asset or investment with high value and expensive of price for person or organization as inventor of the Trade Secret, therefore government makes law regulation to regulate the things needed particularly in protecting an asset of high economic value such as Secret of Trade
PEMAHAMAN TEKSTUAL DAN KONTEKSTUAL PAKAR HADIS DAN PAKAR FIKIH SEPUTAR SUNNAH NABI
Full text linkThis article outlines the problems and contextual expert understanding of textual tradition and fiqh scholars about the Sunnah of the Prophet, (The criticism of the notion of Shaykh Muhammad al-Ghazali). From the results obtained by the understanding that assessment; Sheikh Muhammad Al-Ghazali was a productive scientist and muballiq. He was very critical in exploring the teachings of Islam are not easily influenced by an opinion that has been established and do not be fooled by the saheeh's a tradition, for his understanding judged have a discrepancy with the main source of understanding the Quran. Understand a verse or hadith textual understanding is absolutely necessary it's just not just stop there. Therefore, understanding the contextual needs to be seen to be a verse or hadith is not understood partially. In this case, the need for cooperation between jurists and muhaddis in researching and examining a Nabawiyyah Sunnah, because a series of narrators in the sanad is strong does not guarantee the validity of honor can help her