Nurani: Jurnal Kajian Syari'ah dan Masyarakat
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Dualism of Non Litigation Dispute Settlement in Sharia Economics at Basyarnas and Alternatif Dispute Resolution Agencies
Full text linkThe legal norms governing the resolution of sharia economic disputes in Basyarnas and LAPS OJK have created the legal dualism. it can be analyzed based on the choice of law, the choice of forum, and nature of the decision. This research uses normative legal methods to analyze problems qualitatively. It can be concluded that first, the dualism of resolving sharia economic disputes in Basyarnas and LAPS OJK can be seen from four aspects, namely legal sources, legal subjects, legal structures and legal facts. secondly, the POJK clause which requires the financial industry to become members of LAPS has violated the principles of choice of law and choice of forum of the parties. Third, Basyarnas\u27 competence in resolving disputes by means of arbitration has had a legal relationship with the court to exercise executor authority, while the OJK LAPS has not. Apart from that, the OJK in this case seems very strong because apart from being a regulator, it is also an operator and even interferes with the duties and functions of the judicial power. The author suggests that legal unification is needed to create legal certainty
Police Legal Responsibilityy For Crime and Thieft Involving Violence
Full text linkThe Indonesian National Police obtains a mandate from laws tasked with maintaining security and order, protecting, serving, enforcing the law and protecting the public. One of these tasks is the prevention of theft with violence crimes by the Police Resort in the East OKU. In seeking answers to this problem, the author used empirical research methods, by conducting interviews with several parties, including the East OKU Police Resort and the perpetrators of violent crimes. The results of the study suggest that, first, the things that cause theft with violence crimes are caused by two factors, namely endogenous and exogenous factors, but the causative factors that often cause theft with violence crimes in the East OKU such as economic level, low education that causes unemployment, the environment, and lack of legal awareness, and supported by situations and conditions. The second is done by using penal and non-penal effort. Prevention with Penal efforts focuses more on the repressive nature, that is, actions carried out after the occurrence of crime. The study\u27s findings revealed the effectiveness of criminal law and policy in preventing violent stealing
Contruction of Criminal Law Against Blaspheming the President as the Head of Government in Indonesia
Full text linkThe State of Indonesia is a state of law, every citizen gets protection of both civil and political rights. In addition, as a country that adheres to a presidential system of government, the position of the President is both head of state and head of government. However, there is an update efforts to provide better protection for the dignity of the President in the Criminal Law raises pros and cons, of course it is very interesting to study more deeply, namely regarding the norm of defamation against the president and the limits to the concept of norms of defamation against the president for the protection of dignity as head government. The research method used in this paper is through normative juridical research using primary data sources derived from secondary data. Secondary data from primary, secondary and tertiary legal materials that are directly related to the problems written. The conclusions in the research show that the legal norms and concepts regarding insulting the president in the the 2019 Draft Criminal Law (RUUKUHP) are in an effort to maintain the existence of the president as a person because everyone has legal rights to protect human dignity and worth. Furthermore, the concept of protecting the dignity of the president or vice president in the article does not mean protecting government policies from criticism
The Crime of Importing Goods Prohibited Under Trade Law
Full text linkThis research focused on the restriction of specific commodities from being brought into Indonesia and the implementation of regulations aimed at tackling the illegal activity of importing these prohibited products. Analyses are conducted on secondary sources of information, including statutes, books, and periodicals, in accordance with a juridical-normative research approach and conceptual approach. The research demonstrates that the limitation on importing specific commodities into Indonesia is intended to safeguard the interests of the nation and state. The forbidden goods encompass items that have the potential to disrupt military and security, pose risks to human health, cause harm to the environment, disrupt industry, trade, and finance, and damage cultural products. The Minister of Trade Regulation No. 18 of 2021, along with the Regulation of the Minister of Trade No. 40 of 2022, clearly states the precise commodities that are prohibited. Law enforcement against importing prohibited items uses administrative and criminal penalties. The imposition of import duties and the confiscation of merchandise are examples of administrative sanctions. Criminal sanctions are governed by articles 110 and 112 of Law No. 7 of 2014, which establish the provisions for cumulative criminal sanctions and penalties. Furthermore, these enforcement measures may be harmonized with customs regulation. In general, this research provides insight into the legal mechanisms implemented to enforce the prohibitions on specific imported products in Indonesia, as well as the underlying justifications for such restrictions, to safeguard national interests
The Wage System Practices of Rubber Tappers in the Study of Sharia Economic Law
Full text linkEvery transaction should be conducted in writing to avoid disputes in the future. However, many still engage in verbal transactions based on trust and honesty, as seen in the wage system for rubber tappers in Betung Village. The main focus of this research is to examine the implementation of the wage system for rubber tappers in Betung II Village. The research objective is to assess the wage system for rubber tappers in Betung II Village from the perspective of Sharia Economic Law. The research methodology used is field research, conducted directly in the field, specifically in Betung II Village, Lubuk Keliat District, Ogan Ilir Regency. The research utilizes qualitative data with both primary and secondary sources. Data collection techniques include observation, interviews, and documentation. Data is analyzed using qualitative descriptive techniques. The findings reveal that the wage system for rubber tappers in Betung II Village is divided into two methods: a flat-rate system and a percentage system. Both systems begin with verbal agreements between the landowner and the rubber tapper, without witnesses. To date, no disputes have arisen among the parties. In Sharia Economic Law, this system fulfills the pillars and conditions of ijarah. The determination of wages also aligns with the principles of feasibility and virtue, except for the principle of justice. In the context of Sharia Economic Law, this study falls under istihsan bi al-urf, meaning istihsan based on customary practices
Late Payment Fines for buying and Selling Using Shoppe Pay Latter in Sharia and Legal Studies
Full text linkOne of them is business activity using internet media that serves non-cash online buying & selling which’s offered by Shopee, namely Shopee Pay Later. Formulation of the problem: (1) What is the process for implementing fines for late payments for buying & selling using Shopee Pay Later according to Civil Law? (2) What are the fines for delays in buying & selling using Shopee Pay Later according to Fiqh Muamalah? This research is Normative Judicial research. From the results of the study it can be concluded that late payment for buying & selling using Shopee Pay Later will incur a fine of 5% of the total invoice. According to Civil Law, the issuance of fines is permissible because this’s regulated in Article 1243 Paragraph 1 of the Civil Code. Meanwhile, the provision of fines for delays in payment of purchases using Shopee Pay Later according to Fiqh Muamalah, there’re 2 opinions of scholars who’re contradictory. Opinion of scholars who support the awarding of fines, there’is no delay in the next payment. Meanwhile, other scholars don’t support, that late payment fines are included in the category of jahiliyah riba
Implementation of Progressive Islamic Policy in Regional Leaders of Muhammadiyah North Sumatra Period 2015 – 2020
Full text linkThis research wants to find out the Implementation of Progressive Islamic Policy in the North Sumatra Muhammadiyah Regional Leaders for the 2015 – 2020 period, the supporting factors and obstacles encountered. Using the theory of policy implementation by George C. Edwards III, Merilee S. Grindle and David L. Weimer and Aidan R. Vining, to find out how intense implementation is in the North Sumatra PWM environment. At the same time solving the main problems in this study that are proposed in the problem formulation. Using historical methods with a qualitative approach. The results of the study answer the formulation of the problem, namely PWM North Sumatra has implemented Progressive Islamic movements in various fields (education, health, social, da\u27wah, humanity and nationality). The PWM program is in accordance with the policy of the central leadership implemented by the Muhammadiyah leadership of North Sumatra. PWM in implementing Progressive Islam faces various challenges both internal and external. Internally there are still many cadres who have not implemented the concept of Progressive Islam and other challenges. While externally there is a misunderstanding of the community towards PWM in terms of the purification of worship. And these challenges continue to be faced with preaching, education and providing good understanding to the community
Efforts To Increase The Locally Generated Revenue of Palembang: Access To Incentives And Investment
Full text linkRegional Original Revenue (PAD) is income obtained by the region, collected based on Regional Regulations by statutory regulations that are sourced from regional taxes, regional levies, separated regional wealth management results, and others including one the incentives and investment. as a measure to stimulate economic growth. If examined based on discussions with the four commissions, they approved the 2022 APBD of the Palembang City Government of IDR 3.84 trillion with a target of IDR 1.07 trillion of Original Regional Revenue (PAD). Efforts to increase investment must be supported by the development of quality infrastructure, professional apparatus, and the bureaucratic system as well as a safe and peaceful condition of the city of Palembang. The method used in this research is empirical with a statutory approach. Using the tools of analytical prescriptive analysis. To increase Regional Original Income (PAD) there are 2 (two) social implications that can be enjoyed by the region. First, the investment provides opportunities for potential economic resources to be processed into real economic forces that can encourage local economic dynamics, which in the end will also lead to economic growth and improvement of community welfare. Second, the investment will be followed by economic activities that can create new job opportunities. The availability of new jobs will certainly increase people\u27s income and encourage the realization of prosperity and reduce poverty
Interpretation of the Constitution on the Arrangement of State-Owned Enterprises in the National Economic System Based on the Decision of the Constitutional Court
Full text linkThe constitutional interpretation of the regulation of State-Owned Enterprises (BUMN) is still looking for the right method, BUMN as the embodiment of the constitution for the state\u27s responsibility in managing strategic resources that are used as wide as possible for the prosperity of the people. Submission of a judicial review to the Constitutional Court regarding BUMN can show the direction of constitutional interpretation given by the judges of the Constitutional Court. This article examines whether the constitutional interpretation of SOE arrangements is in accordance with Indonesia\u27s national economic system. The method of approach in this writing is descriptive analysis which explains and analyzes the constitutional interpretation of SOE regulations. the results of the study reveal that the constitutional court has carried out its duties in accordance with the basic principles and principles of the constitution. The Constitutional Court in every decision in the field of BUMN dominates its interpretation by using an originalist interpretation
Legal Standing and Organization\u27s Right to Sue in Cases of Onrechtmatige Overheidsdaad (Unlawful Government Acts) After the Implementation of Law No. 30 of 2014
Full text linkThe government as a legal subject that has the authority to carry out legal acts can actually be tested whether there is no authority approved by the State Administrative Court. This trial can of course be triggered by demands from certain parties who feel disadvantaged by the Government\u27s actions. This research will examine the legal position and right to sue an organization in the Onrechtmatige Overheidsdaad Dispute. This research is normative juridical legal research. This research analyzes the legal position and right to sue the community regarding the defense of the Onrechtmatige Overheidsdaad. The research results concluded three things; First, organizations have sufficient requirements to file a lawsuit because their right to sue is regulated in Law Number 32 of 2009 concerning Environmental Protection and Management (UU 32/2009), and other regulations. Second, UUAP No. 30 of 2016 also regulates the authority to decide whether or not there are elements of authority exercised by Government Officials. This means that Law Number 30 of 2014 provides space for the public to file a lawsuit if there is a rejection of a permit permitted by the government. Third, there is a need to add the word \u27organization\u27 and add \u27organizational requirements for filing a lawsuit\u27 in UUAP No. 30 of 2014 explicitly