Nurani: Jurnal Kajian Syari'ah dan Masyarakat
Not a member yet
312 research outputs found
Sort by
Implementation of the Halal Product Guarantee Law in Indonesia by the Department of Industry and Trade Cooperatives of Bima City
Full text linkThe obligation to register a halal certificate is stated in Article 4 of The Halal Product Guarantee Laws "Products that enter, circulate, and are traded in the territory of Indonesia must be certified halal". Therefore, the purpose of this study is to explain the mandatory implementation of halal certification carried out by the Department of Cooperative Industry and Trade of the Bima City for its Small & Medium-Sized Enterprises (SMEs), because it is one of the government instruments authorized to accommodate those who wish to register a halal certificate. The research method used in this research is descriptive qualitative, to support this research it takes several parties as respondents from the Department of Industrial and Trade Cooperatives and SMEs (DISKOPERINDAG) and so that this research can produce data that can provide conclusions regarding the implementation of mandatory halal certification by the Department of Cooperative Industry and Trade of the Bima City for its SMEs. From this research, it can be concluded that DISKOPERINDAG has carried out socialization in the form of seminars and training and provided information through the official website of DISKOPERINDAG Bima City. In addition to socialization, DISKOPERINDAG also provides assistance in procuring halal certificates for UMKM in the Bima City, it makes SMEs feel helped in registering halal certificate
Implementation of Community Activities Restrictions During The Covid-19 Pandemic in Criminal Law Perspective
Full text linkMinister of Transportation Regulation Number 25 of 2020 on Transportation Control during the Idul Fitri Homecoming Year 1441 Hijri in the context of Preventing the Spread of COVID-19. This Regulation of the Minister of Transportation Number 25 of 2020 regulates the transportation system during the Large-Scale Social Restrictions (PSBB) implementation, especially related to the 2020 Idul Fitri Homecoming. The formulation of the problem in this study: first, how could the elements of actions be categorized as violations of criminal law norms? second, could the violation of the prohibition of homecoming be categorized as a violation in the criminal law?. The purpose of this study is to find out that violations of the homecoming ban have met the elements that can be categorized as violations of criminal law norms. The research method used normative legal research for this research and used the Theory of Legal Effectiveness for the theory. This study concludes that: First, an act that can be categorized as a violation of criminal law, then there must be elements of a criminal act, both from a theoretical and legal point of view. Second, that the Ministerial Regulation (Permen) cannot contain criminal provisions
Maslahah Study of an Innovation Program Called "Always Samawa Forward" For New Bride
Full text linkThe purpose of this study was to examine an innovative program called "Always Samawa Forward" which was initiated by the Department of Population and Civil Registration (Disdukcapil), South Solok Regency, from the perspective of maslaḥah. The research was motivated by the efforts made by the Disdukcapil in responding the complaints from the community who find it difficult to process various new residence documents when they are married. This research is qualitative. Data sources are primary and secondary. Primary data comes from interviews with Disdukcapil employees, Head of KUA, Ulama, Head of Jorong, and several communities in South Solok Regency. Data collection techniques are interviews, and documentation. data analysis is descriptive. The results of the study show that this innovation program is very important to do considering the difficulties that must be faced by newlyweds and their families in managing some of their residence documents after marriage. The Mechanism of the program begins with the MoU between Disdukcapil and the heads of KUA in South Solok. From the perspective of maslaḥah, this innovation program is appropriate because it makes it easier for newly married couples and their families to manage various new population documents. When viewed from the level of maslaḥah, the policy of this innovation program can be classified as maslaḥah hajiyah
Online Wedding During Pandemic the Perspective of Maqāṣid al-Syar\u27ah Imam al-Ghazāli
Full text linkMarriage is a primary and sacred need that is specifically regulated by religion. The sacred process in legalizing the relationship between men and women to prevent adultery and heinous acts. The multi-needs nature of marriage as a biological need and a social need must face problems with the Covid-19 virus that has hit all over the world and has stopped all social activities, including marriage. This article aims to examine how al-Ghazali with the construction of Maqāṣid al-Sharī’ah explores new laws in determining the permissibility of online marriage as a marriage solution during the Covid-19 pandemic. This research method uses a qualitative approach with the document study. The findings of this study: consideration of 4 (four) emergency arguments and “very ḍarar” dalil, and belongs to category categories of sensory ḍarar indrawi and ḍarar ‘ājilan. Assumptions offered by al-Ghazali include Al-Ḍarar Yazālu, Al-Ḍarar Yudfa’u Biqadri al-Imkāni considering the emergency conditions in which Al-Ḥājaṯ Tunzilu Manzilaṯ al-Ḍarūraṯ ‘Āmaṯ Kānata au Khāṣah and its Daf’a al-Qawāṭi’a. The conclusion of this study is that need for an online marriage that requires immediate action in the Covid-19 emergency because it is included in public and private problems around the world
Legal Analysis of Limited Company Which Was Submitted to Bankruptcy
Full text linkThe purpose of this study is to analyze the legal consequences caused by a limited liability company being sentenced to bankruptcy. The research method used in this study is the normative legal method. The result of this study is that the result obtained from this study is that the Board of Directors can be held liable both civilly and criminally for the insolvency of a limited liability company. Civil liability may be liability for a lease for losses suffered by a limited liability company in the event of insolvency due to the fault and negligence of the Board of Directors and the company\u27s assets are not sufficient to cover losses due to bankruptcy. Criminal liability in the form of imprisonment in addition to other responsibilities in the form of a forced entity as stipulated in the Insolvency Law, while the legal consequences of insolvency for a limited liability company can be in the form of termination of business relations from the company by creditors and curators, or even dissolved by the District Court on the grounds of creditors on the basis of the company being unable to pay debts after being declared bankrupt
Transformation of Rules of Origin Dispute Settlement In Free Trade Agreement Scheme Through Mutual Agreement Procedure
Full text linkDispute resolution has been regulated in a free trade agreement (FTA) so the dispute resolution procedure should follow the dispute resolution procedure established by the FTA (das sollen). However, FTA dispute settlement procedures are not widely used to resolve disputes between importers, exporters, and state authorities related to import duty rates on imported goods in the FTA scheme. Litigation procedures in each country are the only option (das sein). Normative juridical law research methods use a statute approach to FTAs and a comparative approach to dispute settlement in the field of international tax law. Research proves the weakness of FTA dispute resolution, namely the private sector and the business world as the main stakeholders in FTA schemes do not get the right to justice in disputes (access to justice) so that disputes are resolved through domestic litigation in each country. As a result, exporters and authorities of the exporting country who are not involved in the litigation process may be disadvantaged in court decisions in the importing country. Transformation of dispute resolution in FTA agreements through the mutual agreement procedure (MAP) as in international tax law (tax treaty) must be made to provide an opportunity for parties from both countries in FTA agreements, both the private sector and the competent authorities to submit objections
Trade Tax Through The Electronic System (PMSE) In The Sharia Maqasid Perspective According To Jasser Auda
Full text linkThis study aims to analyze Trade Tax Through Electronic Systems based on the perspective of Maqashid Syariah according to Jasser Auda. This research is a library research (library research) through a statutory approach (statute approach) which takes an approach through the perspective of Jasser Auda\u27s maqasid syariah on tax purposes that emphasize the benefit of the people to create social values such as helping fellow people. The type of research data is normative juridical using data collection methods in the form of literature studies by collecting documents and data to be processed using analytical methods. In this study, there are 6 system features, namely cognitive nature, interrelatedness, wholeness, openness, multi-dimensionality and meaningfulness so that it gives rise to the perspective that the principle of tax collection must contain the principles of justice and the benefit of the people in order to bring prosperity and economic prosperity to all people with the principle of openness but on the basis of openness to the world and philosophy. In accordance with the aim of maqasid asy-shari\u27ah that all forms of effort are to bring goodness and avoid harm (harm)
Analysis of the Minimum of Marriageable Age in the Perspective of Theology
Full text linkEarly marriage is a reality occurred in society. Some parents still have an understanding that getting their children married as soon as possible is part of the solution to lighten the burden on the family. This research aims to reveal what the ideal age for marriage in the theological perspective. This research uses a qualitative approach. Data collection by means of literature study, while data analysis is descriptive qualitative. This research concludes that theologically the age of marriage does not mention numbers, but the principle of maturity of the groom and bride. Therefore, the validity of marriage is not only due to the fulfillment of the pillars, but also develops in the fulfillment of the conditions of marriage. We recommend that the minimum age for marriage still refers to the latest law, in the age of 19 for men and women. This is because if the minimum age is lower than 19, it is still classified as children\u27s age and is no longer relevant to today\u27s era. Age shows a person\u27s maturity to be able to marry in the perspective of theology, health (reproduction), psychology, and the ability to fulfill rights and obligations as husband and or wife
Basic Principles of the Oversight Functions of the House of Representatives on Legislative Functions in Indonesia
Full text linkLegislative products have caused public disapproval, so a judicial review has to be submitted to the Constitutional Court (MK). Therefore, it is necessary to analyze the basic principles of the DPR\u27s oversight function of the legislative function in Indonesia. This research aims to examines the basic principles of the duties and powers of the DPR in the oversight function of the legislative function. This research is qualitative research using secondary data. The literature study method was used in collecting data in this study. The data analysis was done using data reduction, displaying, and verification. The study results show that applying the basic principles of the DPR\u27s oversight function to the legislative function in Indonesia is a way or an attempt to see whether the legislative function is carried out according to plan. Oversight by the DPR in forming laws is a preventive measure, such as efforts to prevent irregularities, mistakes, and confusion. The basic principle of the DPR\u27s oversight function of the legislative function contains democratic values, the value of balance, the value of truth, and the value of expediency, which is reflected in the principle of people\u27s sovereignty, the principle of legal certainty, and the principle of justice
Settlement of Non-Litigation Rape Crime Cases in the Perspective of Islamic Law
Full text linkThis study aims to study Islamic law resolving non-litigation rape cases in Beringin Makmur Dua Village, Rawas Ilir District, Musi Rawas Regency, South Sumatra Province. This research is based on the existence of rape cases resolved peacefully, even though the case should have been more appropriate if it had been resolved according to the law in force in Indonesia. This research is a field research or empirical research type. The approach method used is a qualitative approach. Data sources are primary and secondary, collected using interviews and documentation techniques. The analysis was carried out in a qualitative descriptive. This study concluded that resolving rape cases through non-litigation in Beringin Makmur Dua Village, Rawas Ilir District, was not following Islamic law. Even though Islamic law strongly recommends solving problems peacefully, not all cases, such as the hudud jarimah, can be resolved peacefully. One of the hudud jarimah is adultery or rape. According to Islamic law, the perpetrator of the rape must be subject to adultery sanctions, namely stoning or flogging. It is intended to provide a deterrent effect on perpetrators and society in general