SALAM: Jurnal Sosial dan Budaya Syar-i
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The Role of Islamic Religious Education and Mosques in Community-Based Disaster Risk Reduction: IMFO and At-Thohir Mosque Los Angelos California United States
Full text linkEducation is not only a teaching and learning process limited by four walls but also a process in which humans consciously capture, absorb, and appreciate natural events throughout the ages. IMFO was established in 1997 to coordinate the activities of the Indonesian Muslim Community in the Los Angeles area and its surroundings. The establishment of the At-Thohir Mosque began with the problems of Indonesian Muslims in the United States and in most other countries, who do not have a permanent place of worship. So, the lack of permanent places of worship is an obstacle for the young generation of Indonesian Muslims, especially in their efforts to learn and understand their place of origin. From an Islamic Religious Education perspective, this study explores the tactical steps IMFO and the At-Thohir Mosque took in addressing the current fire disaster. In this study, the researcher used the library research method, where the study used various literature, both books, notes, and reports from previous studies in collecting data, and also conducted direct interviews regarding the steps taken by IMFO and the At-Thohir Mosque in Los Angeles, United States in dealing with natural disasters such as fires. The study\u27s results found that the mosque must also serve as a community-based disaster risk reduction centre and a place for Islamic education in the community, and the existence of the Mosque as a cultural heritage of our ancestors should continue to be preserved in community life.Keywords: Islamic Religious Education; Mosque; IMF
International Perspectives on the Legal Framework Governing Prosecutorial Activities
Full text linkThis article seeks to illuminate how prosecutors\u27 offices are legally regulated internationally. Through a comparative analysis of various foreign prosecutors\u27 offices, the study presents information regarding their position within the government, the models they utilise, and their core functions. This allows for understanding the role and evolution of prosecutors\u27 offices in prominent countries today. Germany, for instance, has public prosecutors\u27 offices operating within all levels of its general court system. The Federal Prosecutor General operates under the general oversight of the German Minister of Justice. Meanwhile, the French prosecutor\u27s office is considered part of the executive branch and is subject to the authority of the Ministry of Justice. French prosecutors share a close relationship with the judiciary, undergoing similar training and often transitioning between roles as prosecutors and judges. Latvian law designates the prosecutor\u27s office as a judicial body. This office independently oversees adherence to the law within its defined jurisdiction. The United Kingdom has no specific "public prosecutor\u27s office" or equivalent.Keywords: prosecutor\u27s Office; Organisation of the prosecutor\u27s office; Models of foreign prosecutor’s Offices; Positioning of the Prosecutor\u27s Office; Powers of Foreign Prosecutor
Positivism in the Civil Law System: A Philosophical and Practical Inquiry for Indonesia
No full textThis article examines the role of legal positivism within the civil law system and its relevance to Indonesia\u27s legal practice. Using a normative and literature review approach, this study highlights the philosophical foundations of positivism from Austin, Kelsen, and Hart, and analyzes its influence on the formalistic and legal certainty-oriented characteristics of civil law. Findings indicate that while positivism strengthens legal certainty, it often neglects substantive justice and social plurality. The article recommends an inclusive reinterpretation of positivism integrating justice and human rights values in Indonesia\u27s legal context.
Keywords: Legal Positivism; Civil Law; Legal Certainty; Substantive Justice; Indonesian Law
A Criminological Review of Individuals Involved in Collective Crimes of Handling
No full textThe crime of receiving money, especially when committed collectively, has a profound impact on the economic and social stability of society. This crime includes receiving, purchasing, or concealing the proceeds of a crime and often involves multiple individuals with various roles in the collective action. In the context of law enforcement, proving the involvement of individuals in the crime of receiving money is a significant challenge, so a coordinated strategy is necessary among the police, prosecutors, and courts to ensure that justice is upheld effectively.This study aims to examine the enforcement of criminal law against individuals involved in the crime of receiving stolen money and to analyse effective strategies for handling such cases. The research method employed is a normative legal approach, studying the application of criminal law norms in cases involving the receipt of money and the role of law enforcement agencies in the investigation and prosecution process.The results of the study indicate that law enforcement against the crime of receiving money requires solid and integrated coordination between law enforcement agencies. Strengthening the capacity of law enforcement officers, utilising information technology, and reforming legal policies are important steps in increasing the effectiveness of handling cases of money laundering. Additionally, increasing public legal awareness and protecting crime victims are integral components of this crime prevention strategy.Keywords: Handling, Law Enforcement, Crime
Legal Analysis of the Rehabilitation Decision for Narcotics Abusers in District Court Decision Number 43/Pid.Sus/2022/PN Jkt.Brt
No full textDrug abuse has a disturbing impact on society and is a serious concern in efforts to combat illicit drug trafficking in Indonesia. Drug addicts are victims who require special treatment through rehabilitation, as regulated in laws and regulations. In this context, the authority of judges to decide on rehabilitation for drug addicts is interesting to study.This study aims to analyze the legal regulations on rehabilitation for drug addicts and the basis for the considerations of the Panel of Judges in issuing a rehabilitation decision in the District Court Decision Number 43/Pid.Sus/2022/PN Jkt.Brt. The research method used is normative juridical, with a focus on the application of positive legal norms in the case.The results of the study show that the legal regulations on rehabilitation for drug addicts are regulated in Article 1, number 16 of Law No. 35 of 2009 concerning Narcotics. Medical rehabilitation is carried out in hospitals appointed by the government or private hospitals that have obtained permission from the Minister of Health. The Panel of Judges in Decision Number 43/Pid.Sus/2022/PN Jkt.Brt based its considerations on TAT Recommendation Number R/64/X/TAT/2021/BNNP dated October 21, 2021, on behalf of the defendant Thomas Sondegau, ST, which stipulated four months of outpatient rehabilitation at the BNNP DKI Jakarta. This consideration also refers to Article 54 of the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics, which requires drug addicts to undergo medical and social rehabilitation.Keywords: Rehabilitation, Drug Addicts, Narcotic
History of the Covid-19 Outbreak and Its Spread in Indonesia
No full textThe Covid-19 pandemic has emerged as a worldwide public health emergency, impacting millions of individuals globally. Indonesia, being among the nations with the highest case count in Southeast Asia, is facing a substantial repercussion from this pandemic. The objective of this study is to examine the chronology of the Covid-19 epidemic in Indonesia, including its origins and subsequent transmission, while also identifying the obstacles encountered in mitigating its impact. This study employs a qualitative methodology, mostly relying on literature analysis. Information was acquired from several sources including scholarly journals, government reports, and pertinent news stories. According to the research findings, Covid-19 has rapidly disseminated across Indonesia since the initial case was identified in early March 2020. However, the obstacles to resolving these issues encompass a scarcity of healthcare resources, political and administrative instability, as well as deficiencies in infrastructure and accessibility. However, the government and many stakeholders\u27 endeavors provide optimism that Indonesia can effectively combat this pandemic in the future.Keywords: Covid-19; History; Challenge; Mitigation Effort
Legal Implications on Social and Educational Activities Regarding the Change in The Position of Foundations in Law Number 28 of 2004
Full text linkThis study examines the legal implications of changes to the status of foundations as outlined in Law No. 28 of 2004, specifically regarding their social and educational activities in Indonesia. The purpose of this study is to analyse how changes in the status of foundations as legal entities affect their management, and to identify solutions that can optimise the role of foundations in the social and educational fields. This study employs a qualitative research method, incorporating a literature-based approach and legal analysis. Data were obtained from various sources, including scientific journals, legal literature, and relevant laws and regulations, which were analysed using a normative legal approach. The results of the study indicate that the changes regulated in Law No. 28 of 2004 provide a more substantial legal basis for foundations to carry out social and educational activities more accountably and transparently. However, there are challenges related to the management and supervision of foundations that must be faced, including the potential for abuse of authority by foundation administrators. This study suggests the need for strengthening regulations, more effective supervision, and the application of sound corporate governance principles to ensure that foundations play a maximum role in social and educational activities.Keywords: Legal Implications; Foundations; Social and Educational Activities: Changes in the Status of Foundation
Perlindungan Hukum Terhadap Pekerja Anak Di Bawah Umur Menurut Undang-Undang Nomor 13 Tahun 2003 dan Hukum Islam
Full text linkJuridically Indonesia has owned a set of law regulations to guarantee children’s rights and decrease the impact of working from children, one of which is law Number 13 Year 2003 about Employment. In Islam, children are a blessing from Allah God Almighty for parents to take care of and nurture well. This paper provides an understanding of the legal protection find out the legal protection towards minor workers according to Law Number 13 Year 2003 and find out the legal protection towards minor workers according to Islamic law. The author employed a library research type with a normative juridical approach. The data sources used in this research were primary data amely The Law Number 13 the Year 2003 and the book entitled Al-Qur’an and Social Prosperity. The secondary data were books, journals, documents, law regulations, and so on. The research results showed that the regulation in Article 68 until Article 75 Law Number 13 the Year 2003 gives the guarantee of legal protection to minor workers to gain their rights and obligation facility as workers. Islamic law gives legal protection to minor workers. Islamic law gives protection for underage child workers from a maslahah perspective. Legal protection for working children seen from their interests is included in the maslahah al-dharuriyah category because it concerns the basic needs of humanity in this world and the hereafter, namely maintaining religion, soul, mind, lineage, and property.Keywords: Legal protection, Worker, Minor, Islamic Law AbstrakSecara yuridis Indonesia telah mempunyai seperangkat peraturan perundang-undangan untuk menjamin hak-hak anak dan mengurangi dampak bekerja dari anak, salah satunya yaitu UU nomor 13 tahun 2003 tentang Ketenagakerjaan. Sedangkan dalam Islam, anak adalah sebuah titipan Allah SWT kepada orang tua untuk merawat, menjaga, dan memeliharanya dengan baik. Tulisan ini memberikan pemahaman mengenai perlindungan hukum terhadap pekerja anak di bawah umur menurut Undang-Undang nomor 13 tahun 2003 dan untuk mengetahui perlindungan hukum terhadap pekerja anak di bawah umur menurut hukum Islam. Penelitian ini merupakan penelitian kualitatif kepustakaan (Library Research) dengan pendekatan yuridis normatif. Sumber data yang digunakan adalah sumber data primer yaitu Undang-Undang nomor 13 tahun 2003 dan buku yang berjudul Al-Qur’an dan kesejahteraan sosial. Sumber data sekunder yaitu, buku, jurnal, dokumen, peraturan perundangan, dan sebagainya. Hasil penelitian ini menunjukkan melalui peraturan pada Pasal 68 sampai dengan Pasal 75 Undang-Undang Nomor 13 Tahun 2003 memberikan jaminan perlindungan hukum bagi pekerja anak di bawah umur untuk mendapatkan fasilitas hak-hak dan kewajibannya sebagai pekerja. Hukum Islam memberikan perlindungan terhadap pekerja anak di bawah umur dalam perspektif maslahah. Perlindungan hukum bagi anak yang bekerja dilihat dari kepentingannya termasuk kategori maslahah al-dharuriyah, karena menyangkut kebutuhan pokok umat manusia di dunia dan di akhirat, yakni memelihara agama, jiwa, akal, keturunan, dan harta.Kata Kunci: Perlindungan Hukum Pekerja, Anak di Bawah Umur, Hukum Isla
Responsibility of Foundation Management towards Third Parties Based on Law Number 28 of 2004
No full textA foundation as a non-profit legal entity has a vital role in carrying out social, religious, and humanitarian activities. However, many foundations carry out business activities to support operational costs. This has raised debates regarding the limits of business activities permitted for foundations, especially after the enactment of Law Number 28 of 2004 concerning Amendments to Law Number 16 of 2001 concerning Foundations. This study aims to analyse legal provisions related to the limits of foundation business activities and evaluate the legal consequences for foundations and administrators who exceed the limits of business activities stipulated in laws and regulations. The research method used is normative legal research with a statutory and conceptual approach. The data sources include laws, legal documents, jurisprudence, and relevant scientific literature. The analysis of legal norms and foundation management practices related to business activities was conducted qualitatively. The study results indicate that Law No. 28 of 2004 explicitly limits foundation business activities only through business entities established by or owned by foundations, as long as the results are used to achieve the foundation\u27s goals. Violating these provisions, such as conducting business activities directly without going through a business entity, can result in legal consequences, including freezing or dissolution of the foundation and personal liability of administrators abusing their authority.Keywords: Foundation; Business Activities; Legal Liability; Administrators, Law No. 28 of 2004
The Impact of Territorial Conflict in the Himalayas on India-China Bilateral Relations in 2020-2023
No full textIn 2020, tensions escalated again between India and China in the disputed Central Sector area, especially in the Galwan Valley, Ladakh. This incident became one of the deadliest clashes in the history of the border conflict between the two countries, as it resulted in casualties on both sides. This study aims to analyze the dynamics of territorial conflict in the Himalayan Mountains region and its impact on bilateral relations between India and China. This study uses a qualitative research type with a descriptive method with a case study approach. Data analysis techniques include collection, reduction, processing, presentation, and drawing conclusions. The data used comes from academic journals, scientific articles, books, international documents, and related news reports. The results of the study show that the border conflict in the Himalayas has had a significant impact on the military, economic, international order, and ideology of India and China. In the military field, tensions between the two countries have increased, marked by the construction of defense infrastructure, an increase in the number of troops in the border area, and frequent incidents of clashes between the Indian and Chinese militaries. From the economic sector, this tension has caused the dynamics of bilateral trade and investment cooperation. In the international order, this conflict strengthens the dynamics of Asian geopolitics, with India strengthening cooperation through the Quadrilateral Security Dialogue (Quad) to balance China, while China strengthens its position through the Belt and Road Initiative (BRI). In the ideological field, this conflict encourages nationalist sentiments in both countries, which have an impact on their respective foreign policies and complicate the negotiation process to resolve border disputes. Thus, this study confirms that territorial conflicts in the Himalayas not only have implications for border security, but also affect bilateral relations more broadly, both in the fields of politics, economics, and global strategy. This study provides insight into how territorial conflicts between two neighboring countries can affect the dynamics of bilateral relations between the two which can disrupt regional stability.Keywords: Geopolitics; Territorial Conflict; Himalayas; China; Indi