Nurani: Jurnal Kajian Syari'ah dan Masyarakat
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The Differences of Men\u27s and Women\u27s Shares in Islamic Inheritance Law Defense to Criticism and Blasphemy
No full textThis study aims to provide an explanation of the defense against criticism and blasphemy for the differences in the male and female divisions and their arguments. This research is a normative study with a conceptual approach. The primary and secondary data collected were then analyzed using a content analysis approach to provide an overview of the defense and arguments for the application of male and female share differences in Islamic inheritance law. The results of the study show that criticism and blasphemy from those who reject the difference in inheritance distribution between men and women cannot be justified because not in all cases do women get a smaller share than men. There are many cases where women get the same and even bigger share than men. Moreover, justice also cannot be interpreted as equal distribution, considering that in scientific terms, the term distributive justice is also known. The interpreters argue that the provisions of section 2:1 between men and women are a decree from Allah that must be carried out by arguing that the statements in the verses of the Qur\u27an are clear and qath\u27i. The demand for new ijtihad cannot be justified considering that in ushul fiqh there are rules which state that there should be no ijtihad in the provisions of qath\u27i texts
Expel Riba with Islamic Transactions (Analysis of Islamic Financial Institutions)
Full text linkThis article aims to explain the importance of the steps that Islamic banks must take to stay away from usury to increase Muslim confidence in Islamic banking, which has been stretched all this time to revive the Muslim economy. Riba can cause prolonged inflation and even make the country\u27s economy collapse slowly. However, there are still many usury practices carried out by Islamic banks due to several factors, such as central bank regulations and managers who do not yet understand the rules of Islamic law. This discussion is carried out through a literature study and a descriptive analysis approach through documents and journals that discuss Islamic banking. We interpret the results obtained: Islamic banking is still involved in Mu\u27amalah Riba, which is more than an extension of conventional banks that sell their products. However, there is still an event to get away from usury by implementing the rules of Islamic Shari\u27ah thoroughly by developing the proper investment methods. Islamic banks may perform Mudharabah (profit sharing), Musyarakah, Murabahah, Ijarah, and Muzara\u27ah by paying attention to the distribution of profits and losses by Islamic law. Let these trading and investment instruments be carried out in real terms with full responsibility
Work Termination During The Covid-19 Pandemic in Indonesia Reviewed from Theory Maṣlaḥah Mursalah
Full text linkThis article aims to examine the impact of the Covid-19 pandemic on the sustainability of the economic sector in the form of the phenomenon of termination of employment (PHK) which is increasing in Indonesia. Departing from this phenomenon, this study proposes a problem formulation regarding what is the perspective of ma theory maṣlaḥah, it\u27s mursalah in viewing the termination of employment during the Covid-19 pandemic in Indonesia. This research is library researchby using the approach normative juridical, In answering research questions, this study uses mathematical theory maṣlaḥah mursalah. The results of this study indicate that,itthe occurrence of layoffs (PHK) during the spread of the Covid-19 pandemic Judging from the theoretical objectives maṣlaḥah mursalah, The decision taken by the company in terminating the employment relationship has the aim of company efficiency in order to survive is a situation that occurs beyond the ability of both parties (force majeure). So, if analyzed using the theory of maṣlaḥah, this condition is at the level of division of maṣlaḥah Hᾱjiyyat . Because in this case the steps taken by the company in doing layoffs as an effort to avoid themselves from greater harm if the company is not able to survive but this situation does not have a significant impact on the survival of business actors as classified in the level of Hᾱjiyyat
Jurisdiction Issues of the International Court and the effectiveness of ICJ\u27s Decision in the Russia-Ukraine Dispute Resolution
Full text linkIn order for the Court to have jurisdiction over international issues, the disputing parties must accede to the Court\u27s jurisdiction. Ukraine has independently brought its case before the International Court of Justice in its dispute with Russia. This calls into question both the Court\u27s ability to resolve the issue and its own jurisdiction over it. Article 36, clauses 1-3, and article 41 of the Statute of the ICJ will be referenced in order to respond to these inquiries. This article uses a normative methodology. The research objective is to examine the effectiveness of the international court\u27s decision. The method used in this research is normative. The approach method used is deductive. The research results show that the Court of International Justice does not have jurisdiction to issue a final decision but only has jurisdiction to issue a Provisional Measures. However this Provisional Measures will not be effective because the security council resolution as a means of forcing the implementation of the Provisional Measures will fail to be issued due to the Russian veto
Review of Sharia Economic Law on the Empowerment and Arrangement of Street Vendors in Palembang City
Full text linkThe purpose of this study is to examine the Role of the Palembang City Tourism Service in Implementing Palembang Mayor\u27s Regulation Number 37 of 2017 in Night Culinary Micro Enterprises in the Sudirman Pedestrian Area of Palembang City based on Sharia economic law. This research is motivated by the many economic activities carried out in the Sudirman Pedestrian Center of Palembang City, resulting in the arrangement of traders not running well. The method used in this study is a qualitative method with a field research. This research is called empirical normative. The types of data in this study are primary and secondary. Data collection was done by interviewing and documenting. Data analysis was carried out descriptively, and qualitatively using deductive method. The results of the study concluded that the implementation of Palembang Mayor\u27s Regulation Number 37 of 2017 provides an opportunity to strive, grow and develop business capabilities, and realize a city that is clean, safe, neat and beautiful. In economic law implementing Palembang Mayor\u27s Regulation Number 37 of 2017 has been in accordance with the principles of sharia economic law, namely maslahah which aims to improve welfare to street vendors in the sudirman pedestrian area.
Practice in Making Notarial Agreements in Unregistered Marriage in Indonesia
Full text linkThis article aims to examine the legal force of the marriage agreement deed made by a notary, particular for those who are only married in an unregistered manner. In notary, it is known that there is a Marriage Agreement which is the authority of a notary to prepare an authentic deed in accordance with the provisions of the legislation on the basis of law. Based on the description above, a question arises whether the parties who carry out an unregistered marriage are able to state their wishes in a notarial agreement. What are the possibilities and legal consequences for both the parties and for the notary as a public official who prepares the deed of agreement. The research method uses in this research is normative legal research or normative juridical research with a statutory approach and a case approach. The data used is secondary data, while the analysis method uses qualitative analysis methods. The results of the study indicate that with certain adjustments, a notary is able to prepare a notarial agreement for the parties carrying out an unregistered marriage. The notarial agreement has perfect evidentiary power for the parties as is an authentic deed in general. A notarial agreement with certain adjustments prepared by the parties who entered into an unregistered marriage was prepared with the aim of providing legal protection for the parties
Miqat Application in Determining the Qibla Direction of the Mosque
Full text linkIn this all-digital era, the use of Android devices is no longer just a medium for communication, but on your smartphone device, there are already many applications circulating on the Play store developed by software companies and astronomers that are easy to use to assist you in determining. qibla direction. To fulfill the need for information on the Qibla direction of a place, you have to activate the technology on your smartphone that provides real-world Qibla direction information, namely by using the miqat application. This research is to find out the method of using the miqat application in determining the Qibla direction and knowing how the Qibla direction of the Sultan Mahmud Badarudin Jayo Wikramo mosque and Al-Islam Muhammad Cheng Ho Mosque is using the Miqat application. This research is classified as field research, namely research conducted by direct observation of the object studied in the field, aiming to determine the level of accuracy of the use of the miqat application in determining the Qibla direction. The use of the Miqat application in determining the Qibla direction is a method that is very easy to use wherever you are, but before using the application, it is better if you first calibrate the magnetic compass on your smartphone by shaking the phone so that the needle on the compass is stable. The accuracy of the Qibla direction of the Sultan Mahmud Badarudin Jayo Wikramo Mosque and the Al-Islam Muhammad Cheng Ho Mosque with the Miqat application, that in terms of whether or not this application is accurate, in principle, depends on usage. If used in places that contain metal it will make the magnetic sensor on the compass inaccurate which results in degree deviations on the compass being affected by the magnetic field and the metal around it which will result in a larger deviation of degrees on the compass, this application should be used outside the building because in principle, the compass on the cellular relies on magnetic sensors and GPS on the smartphone itself
Legal Reconstruction on the Use of Philantrophic Funds in Supporting State Defense Financing
Full text linkThe collection of public philanthropic funds, especially in financing the national defense sector, has not been clearly regulated, but in the Indonesian context it has considerable potential so that it requires regulations to regulate it. The purpose of this research is to find out how the financing of state defense is in the regulations that govern it currently in Law number 3 of 2002 concerning National Defense, Law number 34 of 2004 concerning the TNI, Law number 23 of 2019 concerning Management of National Resources for Defense. Next, make several alternative suggestions so that philanthropic funds can be used to finance the national defense sector within the framework of Law number 17 of 2003 concerning State Finance and Law Number 1 of 2004 concerning the State Treasury.The research method in this study is normative juridical with a statutory and comparative law approach. With the results there is an opportunity to use community philanthropic funds to participate in financing the national defense sector with a grant mechanism that is still in the APBN mechanism. By looking at the large potential of community philanthropic funds, an ideal concept is proposed that regulates operationally and institutionally
INVESTMENT MANAGER\u27S RESPONSIBILITY RELATED TO THE DEFAULT TOWARDS THE INVESTOR
Full text linkMutual funds are a forum for fund owners/investors to invest their funds in securities portfolios by the Investment Manager, in other words, the investment manager has an important role in managing investors\u27 funds. Moreover, the funds managed by the investment manager are very large, however, the regulation regarding this matter is deemed inadequate so it is not uncommon for investment managers to neglect by ignoring the rights of investors which cause investors to suffer losses and are not protected. The issues that will be discussed are how the legal protection provided to mutual fund investors and the responsibilities of investment managers who default on losses suffered by investors. Based on these issues, the purpose of this research is to find out the legal protection for mutual fund investors who suffer losses due to errors from investment managers. This research uses an empirical legal research method by using the data collection techniques through interviews. From the data obtained, it shows a form of protection that given provided to investors is in the form of opened information. The investment manager will be responsible for the losses suffered by the investors, but is not more than the fee given by investors to the investment manager. If the investors’ report is not responded to, or Bapepam’s action against the investment manager which is proven to be inadequate for investors, then investors can file a lawsuit against the law through the district court. Investors must have sufficient evidences to prove the investment manager’s negligence which resulted in losses
WEAKNESSES OF THE NEGATIVE PUBLICATION SYSTEM WITH POSITIVE ELEMENTS IN AGRARIAN LAW IN INDONESIA
Full text linkIn the negative publication system with positive elements in agrarian law in Indonesia at the implementation level, there are still a number of weaknesses, both weaknesses from the aspect of the norms for the purpose of land registration, aspects of legal responsibility and the system of imposing sanctions. There will be 3 (three) weaknesses in the Negative Publication System (positive elements) which are used as the basis for Land Registration by Government Regulation/PP Number 24 of 1997, namely: first; the norming system because it is imperative (norm imperative) and open (openbaar norm) which provides an opportunity for other parties to prove that they are the real owners of the land, thus resulting in legal disputes that must be resolved through the courts; second; the norm of legal responsibility for BPN/Kakan Land Officials who make mistakes in the implementation of land registration is not regulated in a negative publication system with positive elements, so that BPN/Land Office officials are not legally responsible when a certificate of land rights is canceled or declared invalid by a court decision; and third; norms and system for imposing sanctions for Land Registration Officers (BPN officials) who make mistakes in the implementation of land registration in Government Regulation/PP Number 24 of 1997 is not regulated.
Keywords: Negative Publications, Positive Elements, and Agrarian Law