Nurani: Jurnal Kajian Syari'ah dan Masyarakat
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IMPACT ON EMPLOYEES DURING PANDEMIC BASE ON LABOR SYSTEM PERSPECTIVE
Full text linkThe fourth paragraph at the opening of the Constitution of the Republic of Indonesia states that the Government of the Republic of Indonesia is obliged to protect the entire Indonesian nation, promote the general welfare, and educate the nation\u27s life which is a manifestation of the responsibility of the state which is obliged to create welfare for its people fairly and equitably equally. This constitutional mandate is spelled out in the form of regulations aimed at preventing injustice from the stronger party against the weaker party so that a just and peaceful society can be created. The method used to analyze this problem is through normative and empirical mix and match. The approach used in this study is a statute approach, conceptual approach, and case approach. Legal protection for workers is an obligation for the fulfillment of basic rights inherent and protected by the constitution as regulated in Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. The logical consequence of this mandate is the birth of the State\u27s obligation to accommodate facilities and the widest possible opportunity for the community so that they can get a job as well as make it something worthy of humanity. Thus, the violation of basic rights guaranteed by the constitution is a violation of human rights. Protection of workers is regulated in Articles 67 to 101 of the Manpower Law, including those concerning wages and welfare. However, when faced with the COVID-19 pandemic situation, the company immediately provided a force majeure reason to avoid paying severance pay for workers/laborers affected by layoffs. The problem that occurs, in this case, is the termination of employment carried out by companies using force majeure reasons by companies in Indonesia unilaterally.
Keywords: Impact, Employees, Pandemi
THE AUTHORITY OF THE VILLAGE CHAIRMAN IN DRAFTING VILLAGE REGULATIONS
Full text linkThe issuance of.The Constitution Number6 2014 concerning Villages, hereinafter referred to as the Village Law, becomes a starting point for the village\u27s hopes to be able to determine its position, role and authority over itself. The hope is that the village can be socially powerful and politically sovereign as the foundation of village democracy, as well as being economically empowered and culturally dignified as the face of village independence and village development. This hope is even more exciting when the combination of recognition and subsidiarity principles appears as the main principle that becomes the spirit of this law. Village Law Number 6 of 2014 concerning Villages supported by PP. 43 of 2014 concerning Implementation Regulations of Law Number 6 of 2014 concerning Villages, discusses the process of making Village regulations which are also regulated in the Minister of Home Affairs Regulation No. 111 of 2014, the formulation of the research problem wanted to know the process of making Village regulations according to The Constitution Number6 2014 concerning Village, the fund wants to know the authority of the village head in drafting village regulations in Ulak Pandan Village and Tanjung Pinang Village, Kecamata. West Merapi, Lahat Regency. based on The Constitution Number6 2014concerning Village, the theory used is the theory of coordination from Inu Dating, the methodology used in this research is descriptive analysis or qualitative research design with a case study model. In conducting this research the author uses a type of field research (Field Research), the result of this research is that the process of drafting village regulations in Ulak Pandan Village and Tanjung Pinang Village, District West Merapi, Lahat Regency is in accordance with The Constitution Number6 2014 on Villages which is supported by PP No. 43 of 2014 and Minister of Home Affairs Regulation No. 111 of 2014, drafting village regulations
ENFORCEMENT OF CRIMINAL LAW AGAINST IMPLEMENTERS OF FOREST BURNING
Full text linkThe background in this study is the rise of cases of forest fires due to the element of deliberate humanity who deliberately burned the forest for personal interests to open new land in Kayuagung District, Ogan Komering Ilir Regency. The formulation of the problem in this study are 1) How is criminal law enforcement against the perpetrators of forest fires in Celikah Village, Kayuagung District, Ogan Komering Ilir Regency ?; and 2) What are the obstacles encountered in the enforcement of criminal law against the perpetrators of forest fires in Celikah Village, Kayuagung District, Ogan Komering Ilir Regency ?. The research method used is empirical research. Data sources used in this study consisted of primary data and secondary data. Based on the results of the study showed that 1) Criminal law enforcement against the perpetrators of forest fires in the village of Celikah, Kayuagung District, Ogan Komering Ilir District has gone through a penal effort that is repressive measures of Investigation because the perpetrators threatened with imprisonment in accordance with criminal theory in applying the principle of subsidiarity and in accordance with article 99 paragraph (1) Article 108 jo Article 69 letter h Law of the Republic of Indonesia No. 32 of 2009 concerning Environmental Protection and Management and regulates criminal sanctions alternatively, namely in the form of imprisonment or only fines and 2) Constraints faced by law enforcement agencies in carrying out criminal law enforcement against perpetrators of forest and land burning, namely first, at the level of investigation, constraints faced is the limited budget support for the management of smoke disasters, the tradition of the community opening land by burning, not yet optimized community empowerment to care about smoke disasters, and the limitations of environmental expert witnesses. Second, at the level of the public prosecutor and judge, the obstacles faced are that the police have never been involved at the level of investigation, the lack of certified public guides and judges (expertise) in the field of environment especially forest and land fires, users of tools that are not of Indonesian national standards
THE ASPECTS OF ENVIRONMENTAL LAW ENFORCEMENT IN INDONESIA AND THE IMPLEMENTATION OF INTERNATIONAL AGREEMENTS IN THE ENVIRONMENTAL FIELD IN INDONESIA
Full text linkLaw enforcement is the process of enforcing or trying to implement legal norms as guides for traffic or legal relations in social and state life. In the environmental law enforcement system in Indonesia, there are three legal aspects described in the Environmental Protection and Management Act (UUPPLH), namely administrative law, civil law, and criminal law aspects. Where each aspect\u27s law enforcement and law enforcement processes are distinct. The research method used was normative legal research. One component of environmental law enforcement is the use of civil law in environmental management. In the Environmental Protection and Management Act (UUPPLH) the process of enforcing environmental law through civil procedures is regulated in Chapter XIII Articles 84 to 93. In order to provide legal clarity in law enforcement, efforts are being made to solve environmental problems that emerge in Indonesia. Environmental law enforcement is an endeavor to ensure that regulations and requirements in general and specific legal provisions are followed and implemented through administrative, civil, and criminal supervision and enforcement. With the adoption of the first environmental rules, namely Law Number 4 of 1982 Concerning Basic Provisions for Environmental Management (UUKPPLH), government policy frameworks in implementing environmental law were actualized. Then, it was later replaced by Law Number 23 of 1997 concerning Environmental Management (UUPLH), which was subsequently replaced by Law Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) (Tude Trisnajaya, 2013: 2). The research method used in this study was normative juridical research, which means it was done with an eye on the laws, rules, and court decisions that were relevant to the topic.
Keywords: Law Enforcement, Environment, Legal Norms, Dispute Resolution
IMPLEMENTATION OF PROFESSIONAL ZAKAT BASED ON THE REGIONAL REGULATION OF PALEMBANG CITY NUMBER 4 OF 2017 AT THE PALEMBANG CITY GOVERNMENT OFFICE
Full text linkThis paper examines the implementation of professional zakat based on the regional regulation of the city of Palembang Number 4 of 2017 concerning zakat management at the Palembang city government office.This research is a field research by conducting a study of the laws that apply in society. This study looks at the application of professional zakat based on the Regional Regulation of Palembang City Number 4 of 2017 at the Palembang City Government Office. There are 3 problem formulations in this study, including "1. How is the implementation of professional zakat based on the Regional Regulation of Palembang City Number 4 of 2017 at the Palembang City Government Office? 2. What are the factors that influence the implementation of professional zakat based on the Regional Regulation of Palembang City Number 4 of 2017 at the Palembang City Government Office? 3. What are the efforts made by the Palembang City Government in overcoming the problem of implementing professional zakat based on the Palembang City Regional Regulation Number 4 of 2017? From the results of the study it can be concluded that the implementation of professional zakat based on the regional city regulation of Palembang number 4 of 2017 in the Palembang city government office has been carried out but has not been maximized. There are still many ASNs (civilApparatus) who have not deposited professional zakat to the Palembang City BAZNAS. His awareness of paying professional zakat has only reached 13% of the existing muzakki. The enforcement of administrative sanctions or fines has also not been implemented due to political reasons. The factors that influence the implementation of professional zakat in the Palembang city government office are: the rule of law factor, the Palembang City BAZNAS factor,
Keywords :Implementation, regional regulations, professional zakat
PROFIT EQUALIZATION RESERVE AND DSN MUI NO: 127/DSN-MUI/VII/2019 IN MAQASHID SYARIAH PERSPECTIVE
Full text linkThis study aims to analyze the application of Profit Equalization Reserve (PER)and its relationship with the DSN MUI fatwa NO: 127 / DSN-MUI / VII / 2019 in the view of maqasid sharia.PER is used to maintain the competitiveness of yields in Islamic banking. The reserve fund can be used when the sharing of financing results goes down. That way, depositors\u27 interest is maintained, because the reduced profit sharing can be covered with reserve funds. Based on existing sources, the authors argue that PER can be applied in the Islamic economic financial system as long as it does not violate existing regulations. However, the application of PER is not only applied to Islamic banking but also applies to the sukuk wakalah bil al istithmar.This is evidenced by the existence of the term PER which is allowed in DSN MUI NO: 127 / DSN-MUI / VII / 2019 concerning Sukuk wakalah bi al-Istithmar. The reason for the inclusion of PER in DSN MUI NO: 127 / DSN-MUI / VII / 2019 is because the result of the consideration of the meaning of Wakalah bi al-Istithmar is the wakalah contract to invest and develop Muwakkil\u27s assets either in return (Wakalah bi al-Ujrah) or without compensation(Wakalah bi ghairi al-Ujrah)
CLASSIFICATION OF AQAD IN SHARIA ECONOMIC LAW
Full text linkAs social beings, humans cannot be separated from each other to fulfill their daily needs. One of the relationships between one human being and another is manifested by an agreement. The agreement process is generally referred to as aqad or contract. Many parties who enter into contracts do not understand the rights and obligations they must fulfill, so even though they use the Islamic legal agreement system, the values in this concept have not been fully implemented. This paper discusses the classification of aqad in sharia economic transactions, which is analyzed using the opinions of the mazhab scholars. This paper aims to explain the classification of aqad in sharia economic law. The research method used in this research is library research. In this case, the writer obtains literary sources through literature such as books, journals, and encyclopedias related to the theme being studied. This research is oriented towards discussing the urgency or importance of aqad in Islamic economic law. The data in the research are presented in a descriptive narrative way. The analysis technique used is the data analysis technique introduced by Miles and Huberman, namely data reduction, data presentation, and concluding. The results showed that aqad is an agreement in an agreement between two parties. In general, the classification is divided into two aqad/agreements, namely aqad tabarru’ and aqad tijarah
THE POLYGAMY ESSENCE ACCORDING TO QURAISH SHIHAB “Reject prejudice, eliminate confusion”
Full text linkThis journal discussed Quraish Shihab\u27s thoughts about the true essence of polygamy, where Quraish Shihab considers that many groups who misinterpreted and misunderstand polygamy so that he pours his thoughts on polygamy in neutral glasses, it means he is not supporting or rejecting polygamy. By using Descriptive-qualitative approach, the researcher can describe the characteristics of the population or a phenomena in his research to measure the phenomenon of a reality with ideal parameters, in other words the reality of polygamy that occurs in a society is measured by polygamy theories in accordance with Islamic shari\u27a. Quraish Shihab explained in detail about the meaning, caused, requisite, and also offers the criteria of women who can be polygamous so it can being concluded that polygamy is an emergency door in the aircraft that can be opened during emergencies and follow the interruption of the aircraft crew, this door should not be closed nor should it will be opened under normal circumstances
EXISTENCE OF KHIYAR IN ONLINE TRANSACTIONS (E COMMERCE) (COMPILATION OF SHARIAH ECONOMIC LAW)
Full text linkAlong with the development of culture and technology, selling and buying of goods was in the form of exchange of one item for another, and the medium of transaction is by using money and the sellers and buyers meet in one assembly or face to face. However, with current technological developments, transactions are no longer face to face or meet in one place. With the internet network, transactions are easily carried out. One of the phenomena of transactions in the economic field is the selling and buying transactions using electronic media. This is called online transactions or e-commerce, which is transactions carried out through internet services and internet technology. Since the two parties do not meet and face to face in this online transaction, it is very prone to fraud or cheating between the two. Based on this background, the researcher is interested in examining the Compilation of Sharia Economic Law that governs the concept of khiyar which is then applied to e-commerce. The results of this study indicate that khiyar stipulated in the Compilation of Sharia Economic Law is the khiyarof condition, in which the sellers and buyers may specify the terms of the transaction, which is for 3 days. Khiyarnaqdi, in practice, is a deferred payment. In khiyarru’yah, one of the parties when shopping online may first look at pictures presented by the online store. In khiyar ‘aib, there isa suffrage of the goods, so that when the goods have been received and there isa defect in the goods, it may be cancelled or continued. And the last is khiyarghabn and taghrib, which is the suffrage when finding something wrong about the quality of the goods sold if it does not in accordance with the picture or explanation of the sellers.
Keywords: Khiyar, e-commerce, Compilation of Sharia Economic Law
REHABILITATION SANCTIONS AGAINST THE NARCOTICS USER ACCORDING TO THE PERSPECTIVE OF MAQASHID SHARIAH
Full text linkThe government through the law makes a policy to aggressively seek rehabilitation for the drug users. This is done in the context of tackling the abuse of narcotics in Indonesia. Thus, it is necessary to study the policy objectives based on the perspective of maqashid sharia by conducting qualitative research using secondary data. From the results of the research, the Indonesian Government has implemented rehabilitation sanctions for the narcotics user because the users are victims of other people\u27s crimes, namely illegal narcotics dealers. If a narcotics user is given a sanction of imprisonment / imprisonment, it will have a worse impact and cannot eliminate his dependence on narcotics. Seen from the perspective of maqashid sharia, this government policy does not conflict with the objectives contained in the maqashid sharia concept, as the goal of rehabilitation which requires the users to be aware of their mistakes, so that they will become better humans both towards their God and those around him