Nurani: Jurnal Kajian Syari'ah dan Masyarakat
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IMPLEMENTASI PERATURAN MAHKAMAH AGUNG RI NOMOR 1 TAHUN 2016 TENTANG TATACARA MEDIASI DI PENGADILAN AGAMA SUMATERA SELATAN
Get PDFThis study aims to answer the problem: How is the implementation of the Supreme Court Regulation No. 1 of 2016 in the Religion Court in South Sumatra and what factors influence the implementation of Supreme Court Regulation No. 1 of 2016 in the Religion Court in the South Sumatra region? the research can be known: First, Implementation of Supreme Court Regulation No. 1 of 2016 in the Religion Court of South Sumatra region has been running in accordance with procedures established in PERMA Number 1 of 2016, but the success of mediation has not been optimal and effective, this can be seen The report on the success of the mediation recapitulation only reached 10.9% -14% in 2016 and 2017. Second, the factors that influence the implementation of the Supreme Court Regulation Number 1 of 2016 in the Religion area of the South Sumatra region are strongly influenced by factors: a. mediator (in this case a judge mediator) who must have the knowledge, skills and attitudes that support the mediation process; b. litigant parties must have good intentions to resolve disputes through a mediation process and want to be present in the mediation process; c. advocate support who will assist his clients in dispensing disputes through mediation; and D. Good facilities and infrastructure strongly support the success of the mediation process
PATEN DAN KOSMOPOLITANISME ISLAM: PROBLEMATIKA DI PERGURUAN TINGGI ISLAM
Get PDFPatent law serves as an innovative research stimulant, provides exclusive legal protection for inventors and encourages the use of science and technology in order to support the transformation of the national growth into International competitive one. It is relevant to the cosmopolitan Islamic concept. However, data shows there is only one patent right (until 2018) of Islamic universities in Indonesia. This social legal studies used the statute and historical approach explores the obstacles in the development of patent-based research results at Islamic Universities in Central Kalimantan. Internal constraints are: knowledge and understanding of patents are limited; pragmatism in research purposes; projections of research output are not systematic and unclear; and budgeting is not right. An external obstacles are no socialization of patent-based research rules; policies in the field of research have not been specifically oriented towards output patents; there has been no measurement of technological readiness level (TKT); limited research cost budget, and patent registration fees are considered expensive and have difficulty finding third parties as partners in running patents. Keywords: Patent law, Islamic cosmopolitanism, Islamic universit
EKSISTENSI PEMERINTAHAN PARTAI DALAM SISTEM KETATANEGARAAN INDONESIA
Get PDFWithin the framework of representative democracy, a general election is held every five years. These election include the election of legislative members, the election of president and vice president and the election of regional heads and regional deputy heads. The only participant in the election is a political party. Political parties have a strategic function which is to prepare candidates for the people’s representative, presidential candidates and vice presidential candidates as well as regional head and deputy regional head candidates. The vote acquisition of political in the Pileg, Pilpres and Pilkada determine the position of political parties in government. Party government begins nomination by political parties. Legislative members in addition to being representative of political parties who sit in factions according to the number of votes. Likewise after the presidential election, the presidential election and vice presidential pairs that are carried by a coalition of political parties indicate the existence of a seat of minister for the bearer political parties. Furthermore, after the elections, the pair of Pilkada, who were carried by a coalition of political parties indicated the existence of seat in regional government
PERLINDUNGAN TERHADAP PENCARI SUAKA DAN PENGUNGSI MENURUT HUKUM ISLAM DAN HUKUM INTERNASIONAL (STUDI FILOSOFIS DAN ONTOLOGIS KEILMUAN): A Phylosophical and Ontolological Studies
No full textThe problem of refugees and the displacement of people in the country is the most difficult problem facing the world community today. Many discussions were held at the United Nations which continued to seek more effective ways to protect and assist these very vulnerable groups. Some people call for increased cooperation and coordination between aid agencies, others point to gaps in international regulations and call for further standards in this field. However, everyone agrees that this problem is a global and global problem. Therefore every approach and solution must be carried out comprehensively and explain all aspects of the problem from the causes of mass exodus to the elaboration of the necessary responses to overcome the range of problems of refugees from emergencies to repatriation. This study will discuss how the basic rules of protection for asylum seekers and refugees according to Islamic law and international law
RELIGIOUS TOLERANCE IN THE OTTOMAN EMPIRE
Get PDFIslam is a religion of tolerance wherever it is embraced, and the tolerant spirit will reside in the souls of the followers of this religion. Turkish people who have long embraced Islam along with the conquest carried out by Umar bin Khattab in 641 AD. The Ottoman society is a multi-ethnic and diverse religious community, Orthodox Christians, Catholics, Jews were living in peace. The question is whether religious tolerance practiced by the Ottoman Turks is in line with Islamic teachings. This qualitative discussion was carried out with a literature study. With the pattern of deduction, the author tries to make the arguments of the Qur\u27an and the Hadith to measure the tolerance policy implemented by the Ottoman. After the existence of a foreign capitulation agreement, the lives of minority groups are more prosperous than the Muslims. Freedom to apply the law following the teachings of each religion, tax breaks. The Jewish migration in 1877 from Kazan, Bukhara, and central Asia had flooded the Anatolian region. Minority groups such as Jews are only barred from entering the country of Hijaz (present-day Saudi Arabia) and are prohibited from establishing a Palestinian state because of a long-standing agreement since the time of the Prophet and Umar bin Khattab with Christian Palestine.
Keywords: Ottoman, tolerance, Islamic religion. 
FENOMENA KEKERASAN SEKSUAL TERHADAP ANAK DI BAWAH UMUR BERDASARKAN PERSPEKTIF HUKUM KELUARGA (ISLAM ) DI INDONESIA
No full textSexual violence phenomenon to under age childerns have become a social problem started from national level untill international level. Because, untill now perecentage of this case numbers increased sharply in various regions or corners of indonesia. Childerns in under age are targeted both as perpetrators and victims on immoral behavior. One of the indicators, associated with the pattern of implementation of roles, rights and obligations parents to their children in family life. So, the outhor raises the theme of Sexual violence phenomenon to under age childerns based on islamic family law perspective in indonesia- (study case in Empang subdistrict regency of Sumbawa Besar).This research aims to analyze the sexual violence phenomenon to under age childern based on islamic family law in Empang subdistrict regency of Sumbawa Besar. This research uses a Normative-phenomenological aproach, the type is Qualititative-Deskriptive ( case study). Data sources are obtained through observation and interview methods. Based on the results of the research, it known there are several internal and ekternal factors underlying the occurrence of sexual violence phenomenon to under age childerns (study case in empang subdistrict regency of sumbawa besar), as like : a). Uncontrolled treatment and promiscuity from parents control. b). There’s no information, media, dissemination and counseling of the case received by childeren from school institution and goverment releted with impact and danger from sexual violence behavior. c). Lack of fungtion and role of basic aducation institution as counselors for childrens when they study at school and so on
TINJAUAN HUKUM ISLAM TENTANG PENGGUNAAN UANG ELEKTRONIK DAN RELEVANSINYA TERHADAP LAHIRNYA FATWA DEWAN SYARIAH NASIONAL MAJELIS ULAMA INDONESIA
Get PDFElectronic money as a policy amid advances in banking technology and the demands of the needs of the community for alternative payment that is fast and safe. But behind these advantages, still as Muslims, it is necessary to know and ensure the views of Islamic law regarding the use of electronic money for payment transactions, transfers, cash withdrawals and refunds. By using the library research method, this paper discusses several issues including: First, how Islamic law views the use of electronic money. Second, the relevance of Islamic law to the fatwa of the National Sharia Council-Indonesian Ulema Council (DSN-MUI). Based on the findings and analysis conducted that the use of electronic money is permissible in Islamic law. Because transactions using electronic money are the same as transactions that previously developed in the banking system, such as credit cards. Even though the buyer and seller do not meet in person. However, in transactions using electronic money a joint "agreement" was found. Indirectly between the two agreed because there is no change between the price offered and the paid value, the buyer who wants to buy also knows the price in full. Various types of special payments such as e-toll, e-ticketing, e-parking, e-pospay and so on. Specifically in religious (Islamic) authorization in Indonesia, financial transactions enter the authority of the National Sharia Council-Indonesian Ulema Council (DSN-MUI). So the DSN-MUI fatwa is closely related to the contract process. Based on this, the use of e-money, at least fulfills four elements of contract in Islam, namely, contract of sale, contract of wadiah (safekeeping of goods / property), contract of ijarah (transfer of usufructuring rights) and contract of wakalah (surrender authority). So from this it can be concluded that the fatwa on electronic money issued by the DSN-MUI is very relevant.
Keywords: electronic money, Islamic law, DSN-MUI fatw
PROGRAM PENGEMBANGAN BIMBINGAN KONSELING UNTUK MENINGKATKAN KECAKAPAN PENGARAHAN DIRI (SELF DIRECTION) PADA MAHASISWA UIN RADEN INTAN LAMPUNG
Get PDFStudents currently in a life full of challenges, the growing need to have an identity and maturation of career choices. Therefore they are expected to be continuously on a variety of changes, diversity of choices, competition, and the demands of relentless self-adjustment, both at the campus, local, national, and global levels. Students who do not have self-direction skills are thought to be experiencing difficulties, anxiety, and are caught up in confusion, uncertainty, immaturity, and developmental stagnation. For this reason, students need to have self-direction skills that include aspects of initiative, autonomy, flexibility, and responsibility that are all needed to carry out the learning process and live life effectively in an effort to achieve goals, fulfill development tasks, and achieve optimal development. This study uses a descriptive approach, which aims to explain a systematically or explain certain fields that are the center of attention of the researcher factually and thoroughly, namely self-direction skills dimensions that students need to have in order to be able to undergo the lecture and effective learning process at the UIN campus. Raden Intan Lampung. The research process is carried out by identifying student self-direction skills and the conditions that PA lecturers need to have to help students have self-direction skills. The next step is to formulate a self-direction skills guidance program. Along with the series of studies referred to, the program was recommended to be carried out at the Raden Intan Lampung UIN FTK
IMPLEMENTASI UNDANG-UNDANG NOMOR 39 TAHUN 1999 TENTANG HAK REPRODUKSI PEREMPUAN PERSPEKTIF HUKUM ISLAM
Get PDFReproduction rights are part of human rights that are recognized by national law, international documents on human rights, and other treaty or treaty documents. According to the current reality, reproductive rights for working women have not been implemented well and many female workers still feel discriminated against at work, not in accordance with human rights. In Palembang, a large number of factories still employ female workers. Most of these factories are not open and do not want to provide information about the implementation of Law No. 39 of 1999 concerning Human Rights. Therefore, researchers need to investigate, see the reality, and analyze it through Islamic Law on the Protection of the Implementation of the reproductive rights of women workers in Palembang. This research is focused on PT HEVEA MK I Palembang because the ratio of male and female workers is very sharp. The results showed that several companies in Palembang had not adopted constitution No. 39 of 1999 and the labor constitution for women workers. However, PT HEVEA MK I Palembang has adopted constitution number 39 of 1999 and a labor constitution for women workers. According to Islamic law, companies that implement constitution No. 39 of 1999 and the labor constitution for women workers have adopted the values of Islamic law while the rest do not apply it contrary to Islamic law
PERAN BADAN KOORDINASI PENANAMAN MODAL DALAM MEMFASILITASI KEGIATAN INVESTASI ASING LANGSUNG TERHADAP PERUSAHAAN DI INDONESIA
Get PDFPeran BKPM dalam melayani publik di bidang investasi sudah cukup baik. Namun masih ada beberapa kelemahan yang terjadi seperti salah satunya ialah mengenai persoalan hukum. Persoalan hukum ini adalah masalah utama bagi BKPM itu sendiri. Banyak kejadian konflik investasi dan operasional, namun BKPM seperti tidak tampak memberikan kontribusi sama sekali. BKPM tampaknya hanya eksis saat penanaman modal, untuk selanjutnya setelah penanaman modal selesai, sudah bukan domain BKPM lagi. Peraturan perundang-undangan yang dibuat tidak lah cukup untuk mengoptimalkan peran BKPM dalam memfasilitasi kegiatan investasi asing langsung yang dilaksanakan investor asing terhadap perusahaan di Indonesia. Untuk itulah penelitian ini dibuat dalam rangka menjabarkan dan menganalisis upaya dari BKPM dalam memfasilitasi kegiatan investasi asing langsung terhadap perusahaan di Indonesia termasuk penjelasan mengenai faktor – faktor penghambat yang harus dihadapi. Adanya penyelenggaran pelayanan terpadu satu pintu yang diterapkan oleh BKPM tekait dengan kegiatan investasi merupakan salah satu upaya untuk menciptakan iklim investasi yang sangat diminati terutama dalam kegiatan investasi asing langsung