Nurani: Jurnal Kajian Syari'ah dan Masyarakat
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CERTAINTY OF LAW FOR NOTARY CANDIDATES IN REGIONS THAT ESTABLISH THE LARGE-SCALE SOCIAL RESTRICTIONS IN EAST JAKARTA CITY
Full text linkThe purpose of this article is discussing the law problem that has relations to certainty of law for notary candidates in regions that establish large-scale social restrictions. WHO establish the COVID-19 as the Public Health Emergency of International Concern (PHEIC). The spread controlling of Covid-19, the Indonesian government apply several strategies, the one of strategy is Establish large-scale social restrictions. Large-scale social restrictions cause closed the office. Notary candidates apprentice become closed or get free days. The problem is counting the 24 months apprentice of notary candidates if the regions apply the large-scale social restrictions until the office of notary candidates closed for a while. This research is an empiric juridical. The result of this research that use the method above, researcher obtains the answer of the problem that certainty of law for notary candidates in the regions that apply the large-scale social restrictions based on law regulation
THE CRIMINAL ACTION OF EXHIBITIONISM ACCORDING TO ISLAMIC CRIMINAL LAW
Full text linkThe result of this research is that exhibitionism actors can be caused by two factors, namely the first (internalinternal) factor, which is anfactor that comes from the actor\u27s self which is seen from the psychological and biological side, the two (externalexternal) factors, namely thefactor. actors who can be influenced by the environment, there are no special factors that cause an exhibitionist because the causative factors depend on the condition of the actor and his environment. In Islamic Criminal Law exhibitionism is snared withpunishment, Ta\u27zir namely in accordance with the ijtihad judge\u27s, the judge determines whether the perpetrator is guilty or not according to the conditions mentioned, in the Nash al-Qur\u27an and Hadith the punishment for exhibitionism has not been clearly regulated, because exhibitionist this is an issue that recently appeared or happened today and not yet known in ancient times because that sanctions exhibitionist according to the laws of this research includesresearch, empiricalwhereas the specification of this research is qualitative descriptiveanalysis,pedekatan main pursued is obtained through approaches with the law and approach to cases that occur in some areas.
Keywords: Exhibitionist, Law Number 44 Year 2008 Pornography, Ta\u27zi
THE CONCEPTS AND METHODS OF DZAWIL ARHAM HERITAGE CALCULATION: Analysis and Practice: Analysis and Practice
No full textDzawilarham is seen as a marginalized heir group. The position of the inheritance rights is a struggle between the pro and the contra among the ulama. The distribution of inheritance to the dzawilarham group by agreeing their inheritance rights opens the door of a goodness. Hifzu an-nasl (guarding descent) is one of the maqashid of Islamic law. The existence of dzawilarham as a family, relative or descendant deserves to be protected and embraced. This research is to describe the position of dzawilarham and to explain the concepts and practical methods in counting the parts of dzawilarham in Islamic inheritance. This research method uses literature study, namely conducting research on a number of references that are relevant to the discussion. The data were described and analyzed in a qualitative form. The result explain that the dzawilarham kinship pathway is bilateral, through the male route and the female route. The inheritance of dzawilarham is agreed by the majority of friends and ulamamazhab. The concept and determination of the inheritance of dzawilarham has three characteristics, mazhabahlu at-tanzil, mazhabahlu al-qorobah and mazhabahluar-rahmi. At the completion of the count of inheritance, the ahluar-rahmimazhab equalizes all the positions and the portion of the heirs. Meanwhile, the ahlu at-tanzilmazhab provides the portion of the dzawilarham according to the part of origin. While the ahlu al-qorobahmazhab completes the count of dzawilarham with the concept of inheritance of ashobah, close relatives block those who are far away.
Keywords: ahlu al-qorobah, ahlu at-tanzil, ahluar-rahmi, dzawilarham, heir
THE AUTHORITY OF LOCAL GOVERNMENTS IN PREVENTING AND ERADICATION OF FOREST DESTRUCTION
Full text linkForest damage in Indonesia has been increasing from year to year, both forest damage caused by illegal logging, forest burning, mining without permits, and plantations without permits have caused state losses, damage to socio-cultural life and the environment, as well as increasing global warming which has become national, regional and international issues. Forest damage caused by forest fires carried out by the community both for clearing agricultural land and for plantation land, burning forests and land seems to never stop threatening the lives of people in Indonesia because most Indonesian people become farmers, especially those in the regions. who must clear forests for agricultural land. This is because local governments have the authority to regulate and limit the permits of companies operating in the forestry, plantation and mining sectors in their respective areas. Therefore, local governments must make policies and make concrete mitigation in terms of preventing and eradicating forest destruction that occurs in each region
SHARIA AND HUMAN RIGHTS COMPATIBILITY IN DETERMINING THE AGE OF MARRIAGE IN INDONESIA
Full text linkThis research aims to examine the interpretation of constitutional judges regarding the age limit for marriage, which is considered to contain compatibility and efforts to harmonize sharia and human rights principles in their decisions. This is motivated by child marriage tends to ignore the rights of children and women. Unfortunately, religious understanding and even state law often affirmed this practice. The research method used is normative juridical using secondary data. This research will analyze Constitutional Court Decision Number 22/PUU-XV/2017. This research will show the conflict between the interpretation of sharia -which has been the authoritative area of religious leaders- and the principles of Human Rights (HAM). Meanwhile, the interpretation of the judges of the Constitutional Court seems to contain discourse on the compatibility and harmony of sharia and human rights. This research reflects the Constitutional Court\u27s approach and the petitioners\u27 strategy to review the constitutionality of the minimum age for marriage as stated in the Marriage Law. The various approaches and arguments show that the applicant made a strategic decision by breaking a patriarchal culture and injustice before the Constitutional Court
THE IBADHIYAH SECT: ITS HISTORY AND THOUGHTS IN POLITICS,THEOLOGY,AND FIQH
Full text linkThe purpose of this study is to illustrate that the thinking or concept of teachings adopted and applied Ibadhiyah, one of the sects of the Khawarij sect, is moderate. So that his teachings and followers still exist today in some Muslim countries. They have a high attitude of tolerance towards fellow Muslims of different sects and sects. On the other hand, the sects in the sphere of the other Kharijites which are extreme in thought and action are extinct, no longer have followers. At first, the Khawarij follower’s are Ckhalif ‘Ali bin Abi Thalib group. End then, they go out from ‘Ali group, becauce they weren’t except this reconcillied (tahkim) in Shiffin war between Khalif Ali and Guvernor Mu’awiyah bin Abi Syufyan 37H/657 M. They were against Chalif ‘Ali and Mu’awiyah, and emigrate to a village is colled “Harura”. In this village they were created self-government led by ‘Abdullah ibn Wahhab al-Hasibi. They were againt ‘Ali, Mu’awiyah, and some ckhalif after them. Then Khawarij Follower’s were spilit into several sects. The biggest sect’s: Muhakkimah, Azariqah, Najdah, Ajaridah, Syufriyah, and Ibadhiyah. Such of sect slip up to several sub-setc until twenty. All sects were extinct, except Ibadhiyah. Becauce they were smothered by legitimate Government. They have extreme thought. They carried out takfir and were a sourse of insurrection against the Goverment for centuries. The Ibadhiyah sect were moderate in thought and action. The Ibadhiyah sect exist until now in Sultanate of Oman. It’s majority and state sect in Oman. It spread in Nort Africa (Aljazair, Tunisia, and Libia) and East Africa. Follower Ibadhiyah sect there in in Yemen and Madagascar.
Keywords: Ibadhiyah, History, Thought
ISSUE OF GRANT PROPERTY WITHDRAWAL IN ARTICLE 712 OF SHARIA ECONOMIC LAW COMPILATION AND ARTICLE 212 OF ISLAMIC LAW COMPILATION
Full text linkGrant is a unilateral agreement by a grantor that is carried out by the grantor to the grantee who gives goods free of charge to the grantee. This grant is carried out between the grantor and the grantee is still alive and well. In practice, there were many cases where grants were revoked or withdrawn by the grantor for certain reasons. Therefore, this study was conducted to determine the law of withdrawal of grants by the grantors. The research method used is juridical normative and the approach method used in the research is the library research approach. In Article 712 of the Sharia Economic Law Compilation explains that the grant property can be withdrawn by the grant if the grantee approves, whereas, in Article 212 Islamic Law Compilation, the grant cannot be withdrawn under any circumstances, except for a grant related to his child. issue of the difference between the withdrawal of grant property found in the Sharia Economic Law Compilation, if the grantee agrees and voluntarily returns the grant property that has been received and in the Islamic Law Compilation, the grant property can be withdrawn, namely a parent\u27s grant to his child, this is because the grant property can be counted as inheritance as stipulated in Article 211 of Islamic Law Compilation. These two compilation laws are used and applied in the Religious Courts to resolve disputes for Muslim parties
DETERMINATION OF THE MINIMUM WAGE OF PALEMBANG CITY IN 2019 IN SYARIAH ECONOMIC PERSPECTIVE
Full text linkIslam commands people to seek a job in meeting the needs of life, in way can benefit those who seek. in this research is the study subject “ minimum wage in the city of palembang in 2016 sharia economic perspective” the formulation of the problem how the principles remuneration according to shariah economics, how the mecanism for setting the minimum wage the city of palembang in accordance with economic prinsiple, and what are the implications for the welfare of the city minimum wage workers in the city of Palembang. This research is a field research, which was conducted using qualitative. The source of this study are primari and secondary. Techniques in this study is observation, interview and documentation. The method used in this research is normative juridical approach that is supported by empirical juridical approach
STUDY OF LEGAL PHENOMENCES IN SOCIETY FROM THE PERSPECTIVE OF LEGAL RELATIONS AND POWERS
Full text linkThe type of research used is normative research, legal research which is carried out by examining library materials that use the object of writing studies such as existing libraries, books, magazines, and regulations that have a correlation in problem discussion, so this writing is also writing library (library research).Various legal facts show the existence of power possessed by the state which does not aim to provide justice for society, whereas as it is known that the state is given power by the society on the basis of an agreement (social contract) in order to provide legal protection in the form of justice, one of them is reflected in the case of farmer mistreatment in Mesuji, Lampung due to seizure of land. Because the society feels that they do not get maximum justice as the goal of law in legal philosophy, so then the society can reclaim the power they have given to the authority. As for the basis used by the community in reclaiming the power they have given to the authority, because in the concept of “pactum subjectionis”, society has formed an agreement as to who deserves to hold power. After the agreement is made, the powers given to the state are legitimated by using social facts and laws
IMPLICATIONS FOR LOADING JURIDICAL LIABILITY RIGHTS UNDER POWER OF ATTORNEY MAKE HYPOTHEEK RIGHTS (SKMHT) PROCEDURAL DEFECTS
Full text linkThe credit agreement is an agreement in principal to followedby the additional treaty of guarantee. With regard to guarantees for immovable objects using mortgage rights. In banking practice related to credit agreements, it is inseparable from a power of attorney to impose mortgage rights (SKMHT). Those who have the authority to make the power of attorney are notaries. In making deeds in their daily lives, a notary is obliged to pay attention to the rules for making authentic deeds. Making authentic deeds must meet formal requirements, material requirements and external requirements in making them. If one of these conditions is not fulfilled, it can cause the deed to be degraded or decrease in the status of the deed, which was initially considered an authentic deed to become an underhand deed. In connection with the power of attorney imposing mortgage rights (SKMHT), Notaries who have cooperation with banks will make the power of attorney every day. It is possible that the number of deeds made makes the notary forget to sign the deed he has made. The signatures of the parties that are in the power of attorney already exist, but the signature of the Notary who ratifies the power of attorney is not there. This is possible until the Notary\u27s death, the deed he has made has not been signed. If the Notary passes away and the deed he has drawn up has not been signed and a dispute arises, how will the deed be authenticated. The research objective is to analyze the authentication of the power of attorney to impose mortgage rights (SKMHT) that have not been signed by a notary public. The method used is juridical normative with a statutory approach and a conceptual approach. The conclusion of the research is that the notary of the SKMHT deed has not been signed by the notary until the Notary concerned dies, violating the formal requirements of the authentic deed This resulted in the power of attorney imposing mortgage rights (SKMHT) to be null and void by law while still giving the injured party the right to claim compensation from the Notary who had harmed the party