Nurani: Jurnal Kajian Syari'ah dan Masyarakat
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TRADING IMPLEMENTATION IN INDONESIA STOCK EXCHANGE, PALEMBANG BRANCH OFFICE ACCORDING TO THE SHARI’AH LAW AND BUSINESS
Full text linkAs the largest Muslim country in the world, Indonesia is a potential market in the development of the Islamic finance industry. Investment in the capital market, which is part of the Islamic financial industry, has an important role in increasing the market share of the financial industry in Indonesia. Although the development is relatively new compared to sharia banking and sharia insurance, along with the significant growth of the Indonesian capital market industry, it is expected that sharia investment in the Indonesian capital market will experience significant growth.
This study aims to explain the trading mechanism on the Indonesian stock exchange that involves Islamic stocks and to find out a review of sharia law and business in the implementation of these trades / transactions. This study uses a normative juridical approach. This research was conducted in Palembang by taking the object on the Indonesia Stock Exchange. Data obtained from in-depth interviews, literature study, and observation. Qualitative analysis can be interpreted as an explanation and interpretation in a logical, systematic and consistent manner. In connection with this, the techniques used and the nature of the data obtained from the results of their collection, can be analyzed using taxonomic analysis.
This study concludes that 1) the capital market in Indonesia is categorized into two, namely a) conventional capital markets and b) Islamic capital markets; 2) The regulation regarding the Sharia capital market is so complete by the capital market in Indonesia. Starting from the Capital Market Law, the DSN MUI and BAPEPAM fatwas; and 3) The operational mechanism of the Sharia Stock Exchange has been clearly implemented and regulated in these regulations. So that capital market players already understand things that are appropriate and not in accordance with Sharia
CONFLICT OF REGULATION NORMS FOR HANDLING OF FOREIGN REFUGEES IN SELECTIVE IMMIGRATION POLICIES: CRITICAL LAW STUDIES AND STATE SECURITY APPROACHES
Full text linkThe increasing number of asylum seekers and refugees in the territory of Indonesia has caused social disturbances, political security, and even orders in society. The number of their arrivals is not proportional to the number of settlements or placement to the recipient country (Australia). To deal with the problem of asylum seekers and refugees who enter and are in the Indonesian territory, the government issued Presidential Regulation No. 125 of 2016 concerning Handling of Foreign Refugees. This regulation does not only confirm the position of Indonesia pro against refugee humanitarian policies, but also its manufacture which is not in accordance with the legal principles of the establishment of legislation. The legal position of Presidential Regulation No. 125 of 2016 raises disharmony in the legal order (immigration) in Indonesia. Article 7 of Law Number 12 of 2011 has stipulated the order of laws and regulations that form the basis of the enactment of all legal regulations in Indonesia. The provisions of this article are in harmony with the Theory of Norms Hierarchy (Hans Kelsen) which explains that lower norms are valid, sourced and based on higher norms. However, this theory is not enacted in the formation of Presidential Regulation Number 125 of 2016, where in the body the norm is in conflict with the higher legal norms above it. The existence of this regulation has created norm conflicts which have led to the absence of legal certainty.
Keywords: Presidential Regulation Number 125 of 2016, Refugees, Immigratio
FORMULATION OF RULES CONCERNING ABORTION AGAINST OF VICTIMS RAPE: BETWEEN POSITIVE LAW AND FUTURE LAW
Full text linkAbstract: This paper aims to describe the rules regarding abortion of victims of rape in the positive law and law that may apply within the future. Based on the results of the discussion, it can be concluded that abortion of victims of rape in the positive law isn’t prohibited and the offenders are not sentenced as stated in Law no. 36 of 2009 and the Law of Child Protection. This also applies to a woman who has an abortion for her pregnancy as a result of rape. In the future law, abortion of victims of rape is also not prohibited, but can only be performed by a doctor. The Draft Criminal Code doesn’t stipulate that abortion can also be performed by rape victims themselves. Even so, the rules contained in the Draft Criminal Code still cannot be applied to rape victims who have had an abortion for their pregnancy because positive laws (especially Law No. 36 of 2009 and the Law of Child Protection) have not been revoked by the Draft Criminal Code. In this context, the principle of “lex specialist derogat lex generalist” applies, namely Law no. 36 of 2009 and the Law of Child Protection as laws that are specific override general laws. For the sake of legal certainty, the Draft Criminal Code should confirm prohibited and non-prohibited abortion. The future law needs to be synchronized or harmonized with the positive law. If it’s not prohibited, the granting of permission to abortion for victims of rape should be given strictly so, it’s not abused.
Keywords: Formulation, Abortion, Victim of Rape, Positive Law, Future La
RIGHTS AND OBLIGATIONS OF THE GUARDIANS TO THE INHERITANCE OF MENTAL DISABLED CHILDREN
Full text linkThe law protects the interests of individuals under all circumstances, including children with mental disabilities in term of incapacity due to legal incompetence. Law Number 8 of 2016 concerning Persons with Disabilities. Article 5 states that the Unitary State of the Republic of Indonesia guarantees the survival of every citizen, including persons with disabilities, in this case persons with disabilities who are Muslims have a legal position and have the same human rights as Indonesian citizens and as an inseparable part of the Indonesian citizens and society. is a mandate and a gift from God Almighty, to live progressively and develop fairly and with dignity including obtaining justice and legal protection. Therefore, as a legal subject, people with mental disabilities are represented by their guardians in all their life activities. It is included in the control of the use of inheritance that is obtained. For this reason, this paper is made with a focus on the study of how the rights and obligations of guardians to the inheritance of mentally disabled children in Indonesia and global cultural relativism
THE ROLE OF WOMEN IN THE FAMILY AGAINST THE DISTRIBUTION OF INHERITANCE IN THE CITY OF PALEMBANG
Full text linkThe issue of inheritance sometimes becomes a conflict in the community because some heirs do not want to accept the distribution of inheritance that has been determined accordingly furudhul muqaddarah. in the furudhul muqaddarah it is clear the parts of heirs, another case with the distribution of inheritance by customary law where the distribution of inheritance is done through the process of transition from family lineage. The problem in this research is how the views of Palembang IA Religious Court Judges about the Influence of Women\u27s Role in the Family Against the Distribution of Inheritance in Palembang City Communities and How the Views of Palembang City Communities on the Effect of the Role of Women in the Family Against the Distribution of Inheritance in Palembang City Communities. Research Methods in this research are this study uses legal materials obtained from the results of Empirical Juridical research. From the Empirical Juridical research in this study focused on Research on Legal Identification, this research is analytical descriptive, which reveals legislation relating to legal theories that are the object of research. The findings of this study are the view of Palembang City IA Religion Court Judges on the Effect of the Role of Women on the Division of Inheritance for the People of Palembang City is that the Court still determines according to the provisions of Islamic law and the Compilation of Islamic Law (KHI). Palembang City Community\u27s View of the Effect of Women\u27s Role on the Division of Inheritance for Palembang City Communities is the influence of the role of women in terms of the distribution of inheritance. In fact, Palembang custom does not have a role, but just to take a part, but with the times there has been a change but never got more share of women but they are equally equal because of the agreement of fellow heirs for acceptable reasons.
Keywords: inheritance, woman inheritance, division of inheritanc
HADHANAH IN THE CONCEPT OF COMPILATION OF ISLAMIC LAW AND LAW
Full text linkKHI states that hadanah for a child who is not mumayyiz or not yet 12 (twelve) years old is the right of his mother. The basis of the 12-year law is not found in the Al- Qur\u27an, hadits and fiqh literature. Therefore, the author conducts research to determine the hadanah in the concept of KHI and Undang-undang. This type of research is yuridis normatif. The source of this research data is secondary data. Based on the results of the study, the hadhanah rights remain with both parents even if the parents are divorced. It is mentioned in the KHI, UU Perkawinan and UU Perlindungan Anak that giving love to a child is an obligation attached to the parents towards the child from the time the child is in the womb until the end of his life.  
MAQÂSHID AL-SYARÎʻAH AND HUMAN RIGHTS PROBLEMS
Full text linkIslam is a religion with a welfare orientation not only for Muslimsbut also for all humanity. Thus, a guide in Islam must certainly aim for goodand benefit, and vice versa. However, several guidelines in Islam haveclashed with various things including clashing with Human Rights, such asthe application of Jizyah in an Islamic government is considered contrary tohuman rights, this is because Jizyah is only required for non-Muslims (kafirDzimi) and not obliged by the Muslim community itself. Based on thebackground, this research aims to know, review, and explain how ShariaMaqashid as a method of Instinbath law such a response to human rightsproblems? This research used normative law research with the descriptiveanalytical specification. The law materials used primary, secondary, andtertiary substances. The collection of law materials in this research pursuedby conducting literature research and document studies. The main approachwas taken by doctrinal. Based on the results of this study it can be concludedthat between the Maqsidan and the realization of human rights (HAM) thereis a close and inseparable relationship. The obligation of Jizyah for nonMuslims (kafir Dzimi) in an Islamic government is precisely a form of justicethat does not contrary toward human rights, this because the obligation ofJizyah is a form of non-Muslim contributions (kafir Dzimi) as the obligationof zakat for Muslim communities towards an Islamic government. It can beconcluded that both Muslims and non-Muslims (kafir Dzimi) should not bediscriminated against in the government. Thus, this affirms that theguidance of Islam and human rights does not contradictory to one another ifcomprehensively studied with the Maqashid sharia approach.
Keyword: Maqosid, fitrah, attitud
THE INDONESIAN GOVERNMENT\u27S INTERVENTION IN MARKET PRICING (CEILING PRICE AND FLOOR PRICE) REVIEWED IN ISLAMIC ECONOMIC PERSPECTIVE
Full text linkIn a country’s economy, government’s role is undebatable in theories or treasury of economic thought. Through various policies concerning the public sector, the government has a significant role in driving economic growth. One of them is the government’s role in Indonesia. The government’s role in Indonesia in the economic sector is key to a more prosperous society, and it is expected that Indonesia can become a developed and developing country. The economic magnitude and problems such as demand and supply cannot be given up to the market mechanism and free of economic forces. And how the government intervenes in price fixing when a market imbalance exists. Therefore, efforts to balance the growth of various economic sectors to supply must be in line with demand. It needs supervision and regulation by the State or government to obtain balanced economic growth. Thus, the researcher is interested to study government intervention in price fixing in the market and how it is viewed from Islamic economics. The results of this study show that the form of government intervention, both directly and indirectly in price fixing in the market is to protect consumers or producers through a price floor policy. Minimum price fixing or base prices performed by the government aims to protect producers. For instance, the price fixing of grain sold by farmers. And the maximum price fixing policy (price ceiling). The maximum price fixing policy is set to protect consumers. For instance, fix a maximum price for fuel oil, fertilizer, and medicines. In Islamic economics, government intervention is divided into two parts, including interventions that are forbidden or haram, involving government’s involvement in price fixing that are not based on applicable rules or do not consider overall market’s needs. Permitted interventions, including the involvement of the government in price fixing when an emergency occurs, where a third party is required in price fixing to create justice among market participants.
Keywords: Government intervention, price fixing, price ceiling and price floo
THE BASIS OF JUDGES ‘CONSIDERATIONS ON DECISIONS OF DIFFERENT RELIGIOUS HERITAGE IN ISLAMIC LAW PERSPECTIVE
Full text linkGiving inheritance to heirs of different religions is considered a violation of Islamic law, because it is considered not to maintain Islam. property owned by Muslims should be used as a way to worship, not given to non-Muslims. In the settlement of the case of the Pengadilan Tinggi Agama Palembang, decision Number 05/Pdt.G/2015/PTA.Plg, referring to the Yurisprudensi Mahkamah Agung Number: 51K / AG / 1999, which basically states that heirs who are not Muslim can still get assets from the heir Those who are Muslims based on the "WasiatWajibah" which share the same as the part of the daughter of some heirs, so that non-Muslim children are entitled to a share of the inheritance of a Muslim heir as recipients of the obligatory will. What has been decided by the judge to decide the case has deviated from the rules of Islamic law because of the issue of inheritance disputes with Muslim heirs who must comply with the rules of Islamic Inheritance Law
ADVANTAGES AND RISKS OF ISLAMIC INVESTMENT
Full text linkIn the Islamic context, investing is highly recommended so that the future can be guaranteed. Of course, investments made by Muslims must be in accordance with Islamic rules. Investing in economy Islamic concepts will provide a sense of security and comfort for Muslim investors, without fear of deviating from Islamic teachings. As a devout Muslim, of course, investment choices must be appropriate and in accordance with the concept of Islam. The difference between conventional Islamic investment lies in the benefits given. The advantages of Islamic investment are in the form of profit sharing, while the conventional concept is interest. In the teachings of Islam, interest is haram, because it does not recognize value for money. In the view of Islam, money will not developed by itself but must go through productive and ruleful efforts. The purpose of making this paper is to discuss the advantages and risks in Islamic investment. This paper uses a literature review approach that comes from journals, books, the internet, and other sources. The results show that the advantages of Islamic investment are riba-free, minimal risk, Islamic management, halal and promoting social activities. Meanwhile, the risks that may be faced by investors are the risk of losing capital, the risk of uncertainty of return, and the difficulty of selling investment products. From the results, it was found that currently Islamic investment products are favored by non-Muslims alike. The concept of profit sharing is considered more profitable than interest. It can be concluded that Islamic rules can now be accepted by various groups of people in the world