SALAM: Jurnal Sosial dan Budaya Syar-i
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Analysis of the Legal Status of Foundations as Legal Entities in Indonesia Based on Law Number 28 of 2004
Full text linkThis study examines the legal status of foundations, the legal implications of foundation management exceeding its authority or failing to fulfill its duties, and the obstacles to enforcing the law against foundations that deviate from their obligations. The background of this study is based on the importance of foundations as non-profit legal entities in social, religious, and humanitarian activities. However, there are often deviations in management that are detrimental to the community and undermine the foundation\u27s goals. The study employs a qualitative method, combining a literature-based approach with a normative legal approach. Data were obtained from a comprehensive literature study, encompassing legal literature, scientific journals, laws and regulations, as well as the opinions of legal experts. Law No. 28 of 2004 was analysed in a normative legal manner, focusing on the legal status of foundations and their legal implications. The results of the study indicate that Law No. 28 of 2004 provides legal protection for foundation assets, ensuring that they are used exclusively for social, religious, and humanitarian purposes. However, foundation management can be held personally liable if they abuse their authority or are negligent in their duties. The study also identified obstacles to enforcing the law against foundations that deviate, including weak government supervision, unclear authority between agencies, and a complex bureaucracy. This study emphasises the importance of strengthening effective regulation and oversight so that foundations can carry out their functions by the objectives of their establishment, providing legal certainty and optimal protection for both the community and the foundation itself.Keywords: Foundation; Legal Entity; Legal Statu
Legal Progressiveness for Heirs with Disabilities as a Form of Affirmative Action
Full text linkThis study discusses the problem of the special inheritance section for heirs with disabilities as a form of legal progressiveness based on affirmative action. The distribution of inheritance based on needs provides a greater sense of justice because it is in line with the principle of proportionality. The purpose of this study is to determine and analyze the distribution of special inheritance for heirs with disabilities as a form of legal progressiveness based on affirmative action. The type of research used is normative juridical with a statute approach and a conceptual approach. The results of this study indicate that legal guarantees for heirs with disabilities are still very weak. However, the absence of the phrase heirs with disabilities and the inheritance section, in particular, indicates that the state does not provide a guarantee for the right to receive an inheritance and inherit. This study provides a solution in the form of regulating a special section for heirs with disabilities as a form of progressive Indonesian law based on affirmative action. The existence of special treatment for vulnerable groups is in line with the mandate of the constitution and the principle of justice of John Rawls in the theory of Justice as Fairness. The government, as a duty bearer, must continue to pay attention to heirs with disabilities by fully guaranteeing constitutional rights.Keywords: Disabled Heirs; Legal Progressiveness; Affirmative Actio
تأثير تدخل دولة الامارات العربية المتحدة في الازمة الانسانية في النزاع المسلح غير الدولي في السودان خلال عامي 2023–2024 (The Impact of The United Arab Emirates\u27 Intervention in the Humanitarian Crisis in the Non-International Armed Conflict in Sudan During 2023-2024)
No full textIn 2023-2024, the conflict in Sudan heated up again due to tensions between the military and the Rapid Support Force paramilitary after the overthrow of President Omar Hassan Al-Bashir. This situation was exacerbated by the escalation of the conflict due to the intervention of the United Arab Emirates. This study aims to analyse the impact of the United Arab Emirates\u27 intervention on the humanitarian crisis in Sudan. This study uses a qualitative research type with a descriptive analytical method and a humanitarian intervention approach from a realist perspective as the main approach. This study uses data analysis techniques, including data collection, reduction, processing, presentation, and conclusions. Data were taken from secondary sources such as academic journals, scientific articles, books, international documents, relevant news reports, and actors affected by the conflict. The results of this study indicate that the escalation of the conflict in Sudan due to the intervention of the United Arab Emirates has an impact on the Humanitarian Crisis. Several aspects show the effects of the United Arab Emirates intervention: first, the individual crisis as seen from the large number of fatalities due to the conflict and the group crisis in the form of ethnic massacres, structural marginalisation and systematic violence against a community. Second, the economic crisis is seen in the weakening of the currency, declining investment and decreasing availability of food supplies, which worsen the social conditions and lives of civilians in Sudan. Third, the food crisis is getting worse due to the hampered distribution of food, resources, and rising food prices. Fourth, the health crisis. This situation is worsened by the many injuries from war victims, lack of access to health services, and increasing diseases that spread amidst the chaos of the conflict. Fifth, the refugee crisis. The prolonged state of conflict in Sudan has forced thousands of Sudanese to flee both domestically and to neighbouring countries. Thus, the UAE\u27s intervention in Sudan not only prolongs the conflict but also has an impact on the humanitarian crisis. This study provides insight into how intervention in a country in conflict can worsen the humanitarian crisis, leading to regional and global instability.Keywords: Intervention; Humanitarian Crisis; Conflict; Sudan; United Arab Emirates
Evaluation of Education as a Tool for Improving Learning Quality to Empower the Younger Generation
Full text linkQuality education is key to empowering the younger generation and preparing them to face future challenges. However, current educational evaluation practices often prove ineffective in enhancing the quality of learning. Therefore, this research was conducted to explore the role of educational evaluation as a tool for improving learning quality. This study aims to identify the effectiveness of evaluation methods applied in schools and how they can enhance student engagement and learning outcomes. This research employs a mixed-methods approach, combining qualitative and quantitative methods. Data were collected through interviews with educators and students, classroom observations, and curriculum document analysis. The research population consists of educators and students from several secondary schools in Aceh.Principal Results: The findings indicate that many educators feel that the evaluation methods currently in use are not fully effective. Students also desire more varied and interactive evaluation methods. Additionally, there is a gap between evaluation results and curriculum improvement that needs to be addressed. The study concludes that effective educational evaluation must actively involve students and be integrated with the curriculum. Thus, evaluation should not only serve as a measurement tool but also as a means to enhance the quality of learning. This research provides new insights into the importance of student involvement in evaluation and the need for training for educators to implement better evaluation methods. The findings are expected to serve as a reference for policymakers and educators in designing more effective evaluation strategies.Keywords: Educational evaluation; learning quality; student engagement; evaluation methods; educatio
The Relations of Politics, Law, and Economics in a Social Philosophy Perspective
Full text linkThe relationship between politics, law, and economics forms the main foundation in the dynamics of national and social life. These three elements not only influence each other structurally but also create a power structure that directly affects the distribution of social justice, policy-making, and the functioning of state institutions. This study aims to examine in depth how the relationship between politics, law, and economics is formed, implemented, and questioned through a social philosophy approach, and how this approach can open up space for criticism of the structural inequalities that occur. The research method used is qualitative with an interdisciplinary approach that combines political, legal, and economic analysis within a social philosophy framework. Data were obtained through a literature review of critical philosophy, social justice theory, and relevant empirical studies. The analysis was carried out reflectively and thematically on concepts such as power, justice, law as an ideological instrument, and political economy in the context of the state. The results of the study reveal that the relationship between politics, law, and economics is often constructed to maintain the dominance of certain groups, rather than achieving social justice. Law is not always neutral, but usually becomes a tool for legitimising economic and political power. Politics also does not always run within the framework of democratic participation, but is often controlled by market interests. Social philosophy plays a crucial role in dismantling these power structures and providing ethical and critical perspectives to promote policy reform and social stability.Keywords: Social philosophy; political law economy; social justice; power; public polic
Analysis of the Fight between Islamism and Secularism in the Turkish Elections: Two Dominant Conflicting Forces
Full text linkTurkey is the first Islamic country to officially adopt the principle of secularism, a significant change pioneered by Mustafa Kemal Atatürk after the collapse of the Ottoman Empire. The radical implementation of secularism separated religion from state affairs, triggering complex political and social dynamics between Pro-Islam and Pro-Secular groups. In recent decades, particularly under the leadership of Recep Tayyip Erdoğan, Turkey has witnessed a resurgence of Islamic values in politics and public life. Erdogan has succeeded in winning the hearts of the majority of the people through a narrative of Islamic-based national identity, economic development, and a populist approach, which has gradually shifted the dominance of secularism. This study aims to analyse the increasingly intense ideological struggle between Islamism and Secularism and to map contemporary political developments in Turkey. The method used is library research, involving the examination of various relevant academic and media sources. The results of this study offer a deeper understanding of the political and ideological dynamics in Turkey, as well as the impact of the conflict on domestic policies, Turkey\u27s regional position, and the international community\u27s response. Furthermore, this study also reveals how political contestation, mainly through elections, influences the national identity and social order of Turkish society today.Keywords: Secularism; Islamism; Turkish Election; Islamic Reviva
The Urgency of Tolerance and Peace Values in The Educational Environment of Mahad Al-Zaytun
Full text linkThe Indonesian state with its various cultures has millions of endemic characteristics in every corner. Starting from the diversity of languages, cultures, to religions and beliefs, Indonesia is an example of the unity of all diversity in unity. At least that\u27s the dream contained in "Bhinneka Tunggal Ika" which is tied to the Garuda\u27s legs. The purpose of this research is to find out the urgency of the value of tolerance and peace in the scope of education in Ma\u27had Al-Zaytun. This research method is a literature study research, which is a research method that collects, analyzes, and studies written sources that are relevant to the research topic or problem. The process of conducting an overview of previously published literature works related to various topics. The result of this study is that the urgency of the values of tolerance and peace in the scope of education in Ma\u27had Al-Zaytun is very important and these values of tolerance have been applied through education.Keywords: Urgency; Tolerance; Educatio
Stoning Law in The Perspective of Islamic Law: A Comparison of The Implementation of Stoning Law in Indonesia and Arab Countries
Full text linkThis study explores the contextual interpretation of Islamic law within the framework of Arab countries and Indonesia, emphasizing the historical, social, and political factors that influence their legal systems. It highlights the complexities of implementing Islamic law, particularly concerning human rights and international legal standards. The research critiques the role of monarchies in Arab countries, where legal systems often reflect a blend of traditional Islamic principles and modern secular influences. The study also discusses the challenges these legal systems face in balancing religious mandates with contemporary human rights issues, as highlighted by various international organizations. The findings indicate that while Islamic law provides a fundamental legal framework, its application is significantly shaped by the socio-political context of each Arab country, leading to diverse interpretations and implementations of justice. This study concludes by advocating for a more nuanced understanding of Islamic law that considers both its religious roots and the modern legal landscape.Keywords: Islamic Law; Arab Countries; Human Rights; Legal System; International Law; Socio-Political Contex
The Dynamics of the Application of Stoning Criminal Law from an Islamic Perspective in Indonesia and other Muslim Countries
Full text linkThe stoning punishment, despite having a legal basis in Islam, sometimes sparks controversy as it clashes with modern values such as human rights and national constitutions. This study analyses the dynamics of implementing stoning as a criminal punishment from an Islamic perspective, particularly in Indonesia. It compares it with other Muslim-majority countries such as Saudi Arabia, Pakistan, and Malaysia. This research employs a qualitative method, examining literature in the form of scholarly articles, legal documents, and relevant books. The findings indicate that the enforcement of stoning as a criminal punishment, both in Indonesia and in other Muslim countries, has sparked significant debate and even international condemnation for allegedly violating human rights. At first glance, stoning may appear cruel, but behind this punishment lies a crucial lesson for society—it serves as a deterrent to prevent others from committing adultery. In different countries, the implementation of stoning laws varies depending on the legal system, social acceptance, and interpretations of Islamic law. In Indonesia, the stoning punishment is only enforced in the province of Aceh. The position of Islamic criminal law in Indonesia is influenced by the principle of Bhinneka Tunggal Ika (Unity in Diversity), which emphasises the nation\u27s cultural and religious diversity. Consequently, the application of Islamic criminal law must align with the principles of democracy, human rights, justice, and national diversity.Keywords: Islamic Criminal Law; Stoning; Objectives of Sharia (Maqasid al-Syariah
Limitations of Foundation Business Activities from the Perspective of Law Number 28 of 2004 Concerning Foundations
Full text linkA foundation as a non-profit legal entity has a vital role in organising social, religious, and humanitarian activities. However, in practice, many foundations are involved in business activities directly and commercially, thus giving rise to legal issues related to violations of the non-profit principle, which is the basis for establishing the foundation. This study aims to analyse the limitations of business activities permitted for foundations according to Law No. 28 of 2004 concerning Amendments to Law No. 16 of 2001 concerning Foundations, and to explain the legal implications for foundations that exceed these provisions. This study uses a qualitative approach with a normative legal research type. The methods used include a statute and conceptual approach, with data sources from laws and regulations, scientific literature, legal documents, and related jurisprudence. The study results indicate that business activities can only be carried out by foundations through capital participation in business entities that are under the intent and purpose of the foundation. Foundations are prohibited from running a business directly and distributing profits to patrons, administrators, and supervisors. Violating these provisions can have legal implications in the form of administrative sanctions up to the foundation\u27s dissolution. Therefore, compliance with legal restrictions is crucial in maintaining the legitimacy and sustainability of the foundation\u27s social function.Keywords: Foundation; Business Activities; Limitation