Al-Bayyinah最新文献_第2页

Constitutionality of Wiretapping by KPK in Optimization of Red-Handed Catch Operations 优化抓捕行动中KPK窃听的合宪性

Al-Bayyinah Pub Date : 2022-06-02 DOI: 10.35673/al-bayyinah.v6i1.2625

Irfan Amir

引用次数: 0

Reactualization of Criteria of Wealth in Islam as a Condition for Paying Zakat Maal 伊斯兰财富标准作为支付天课条件的再实现

Al-Bayyinah Pub Date : 2022-06-02 DOI: 10.35673/al-bayyinah.v6i1.2639

Mustafa Mh

引用次数: 0

Restorative Justice the Limitations of Authority of Police and Prosecutors in the Criminal Justice System 恢复性司法:刑事司法系统中警察和检察官权力的限制

Al-Bayyinah Pub Date : 2022-05-19 DOI: 10.35673/al-bayyinah.v6i1.2594

S. Satriadi

{"title":"Restorative Justice the Limitations of Authority of Police and Prosecutors in the Criminal Justice System","authors":"S. Satriadi","doi":"10.35673/al-bayyinah.v6i1.2594","DOIUrl":"https://doi.org/10.35673/al-bayyinah.v6i1.2594","url":null,"abstract":"This study discusses the limits of authority of the police and prosecutors in implementing restorative justice in criminal cases. The Indonesia National Police, the Attorney General Office of the Republic of Indonesia, have implemented the principle of restorative justice as a form of dealing with criminal cases. The Indonesian National Police makes further regulations for each law enforcement agency with the principle of restorative justice which will be used as a guide in handling criminal cases, including Circular Letter of The Chief of Indonesia National Police No. SE/8/VII/2018 of 2018, The Chief of Indonesia National Police Regulation No. 6 of 2019, the Attorney General Regulation No. 15 of 2020. To analyze and understand restorative justice and the limitations of the police and prosecutor's authority in the criminal justice system, this study uses a normative legal research method, the data obtained through a literature study. The results show that restorative justice must be accompanied by an understanding of the concept of police discretion, because there is a relationship between discretion and restorative justice. The statement of reconciliation between the perpetrator and the victim contained in the statement letter should be the basis for investigators to terminate the investigation (SP3) other than those stipulated in Article 109 of the Criminal Procedure Code and the case is considered completed in Law Number 16 of 2004 concerning the Attorney Office of the Republic of Indonesia, in Article 35 letter c. The Attorney General of the Republic of Indonesia has released a regulation concerning Termination of Prosecution Based on Restorative Justice as contained in the Attorney General Regulation Number 15 of 2020. Based on this regulation, the public prosecutor has a strong legal basis for terminating prosecution of defendants in certain criminal acts and if between the victim and the defendant have an agreement to make peace.","PeriodicalId":178562,"journal":{"name":"Al-Bayyinah","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115776042","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Juridic Aspects of the Criminal Action of Child Neglection by Parents 父母忽视儿童刑事诉讼的司法问题

Al-Bayyinah Pub Date : 2022-05-19 DOI: 10.35673/al-bayyinah.v6i1.2619

Jumriani Nawawi

引用次数: 0

The Problematics of Crimination of Self Narcotics Abusers 自我麻醉品滥用者的定罪问题

Al-Bayyinah Pub Date : 2021-12-01 DOI: 10.35673/al-bayyinah.v5i2.1825

S. Satriadi

{"title":"The Problematics of Crimination of Self Narcotics Abusers","authors":"S. Satriadi","doi":"10.35673/al-bayyinah.v5i2.1825","DOIUrl":"https://doi.org/10.35673/al-bayyinah.v5i2.1825","url":null,"abstract":"The problematics of crimination of self narcotics abusers in Law no. 35 of 2009 Concerning Narcotics is now an actual issue that must get a legal conclusion. The response to narcotics abuse for oneself is urgent to be interpreted in a legal framework by revealing factual and representative answers. This research is classified as normative research, the data obtained through literature study, by collecting primary, secondary, and tertiary legal materials using a statutory approach and a conceptual approach. The analysis used in the form of qualitative normative then described in descriptive analytical. The findings in this study indicate that the type of crime (strafsoort) of narcotics abusers for oneself uses a single system formulation that is absolute and imperative, so that it does not provide space for judges to impose alternative punishments other than imprisonment. The duration of the sentence (strafmaat) uses a special maximum system. The punishment for group I is four years, for group II for two years and for group III for a maximum of one year, the threat of punishment is very heavy, because self narcotics abusers should prioritize coaching over imprisonment. The imposition of a criminal (strafmodus) is only imprisonment. The absence of action sanctions shows that the Narcotics Law prioritizes providing a deterrent effect rather than providing guidance to self narcotics abuser.","PeriodicalId":178562,"journal":{"name":"Al-Bayyinah","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116783114","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Disqualification of the Candidate Pair for the Elected Regional Head of Sabu Raijua Regency 取消萨布赖贾县当选地区领导人候选人的资格

Al-Bayyinah Pub Date : 2021-12-01 DOI: 10.35673/al-bayyinah.v5i2.1830

Irfan Amir

{"title":"Disqualification of the Candidate Pair for the Elected Regional Head of Sabu Raijua Regency","authors":"Irfan Amir","doi":"10.35673/al-bayyinah.v5i2.1830","DOIUrl":"https://doi.org/10.35673/al-bayyinah.v5i2.1830","url":null,"abstract":"The dispute over the results of the regional head election of Sabu Raijua Regency which is legally formal has passed the deadline for submitting a dispute request (expired). Through the Constitutional Court Decision No. 135/PHP.BUP-XIX/2021, cancels KPU's decision regarding the determination of the elected pairs of candidates for Regent and Deputy Regent and orders a re-election and disqualification of the elected candidate pair. This research is normative juridical research (doctrinal law research) using a statutory approach and a case approach. The data obtained were analyzed and presented descriptively analytically. The finding in this study indicates that, the basis for the consideration of the Constitutional Court in ordering a re-election and disqualifying the chosen pair chosen by the people of Sabu Raijua Regency, is based on the legal fact that the violation of the principle of 'honest' from the Orient Patriot Riwu Kore pair who from the beginning of the registration stage the prospective candidate pair hides the United States citizenship status he holds, which if this foreign citizenship status is known from the beginning, then administratively does not qualify as a candidate pair. In addition, the election dispute for Sabu Raijua Regency is specific and casuistic which creates a legal need and vacuum, and if it is not acted upon, in principle it has violated the exclusive rights of citizens in government guaranteed by the 1945 Constitution.","PeriodicalId":178562,"journal":{"name":"Al-Bayyinah","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122173739","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Concept of Ta’abbudi and Ta’aqquli in Islamic Law 伊斯兰教法中的塔阿布迪和塔阿库利概念

Al-Bayyinah Pub Date : 2021-12-01 DOI: 10.35673/al-bayyinah.v5i2.1992

Ismail Keri

{"title":"The Concept of Ta’abbudi and Ta’aqquli in Islamic Law","authors":"Ismail Keri","doi":"10.35673/al-bayyinah.v5i2.1992","DOIUrl":"https://doi.org/10.35673/al-bayyinah.v5i2.1992","url":null,"abstract":"The discourse on the concepts of ta'abbudi and ta'aqquli in Islamic law is a discourse that always lives and develops in tandem with the development of science. Understanding the concept of ta'abbudi and ta'aqquli should continue to use the rules, norms and arguments that serve as guidelines. The concept of ta'abbudi and ta'aqquli, it is urgent to get a basic conception, as a reference in formulating the relevant concept of Islamic law. This study is a conceptual study of literature with a normative theological approach. The findings in this study are that ta'abbudi is a textual provision (The Qur’an and hadith) in the field of worship that must be obeyed even though they do not know the rational reasons, while ta'aqquli allows there to be benefits according to rational reasons, so that reason is given space. The object is also different, ta'abbudi is focused on mahdah worship, while ta'aqquli is in the matter of muamalah. In addition, ta'abbbudi is static, does not provide opportunities for ijtihad, while ta'aqquli provides opportunities for ijtihad. In the construction of Islamic law in the application of the concepts of ta'abbudi and ta'aqquli it turns out to have two legal dimensions. This means that there are certain problems that require ta'abbudi and also conditions that require ta'aqquli. It is not focused on the meaning of lafadz, but rather on the implementation of the law. Because the form of benefit lies in the philosophical meaning of Allah's decree which will have implications for human actions.","PeriodicalId":178562,"journal":{"name":"Al-Bayyinah","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126726661","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Marriage Contract Through Teleconference During the Covid-19 Pandemic: An Overview of Maqashid Syariah Covid-19大流行期间通过电话会议缔结婚姻:麦卡希德伊斯兰教概述

Al-Bayyinah Pub Date : 2021-11-12 DOI: 10.35673/AL-BAYYINAH.V5I2.1780

S. Supriadi

{"title":"Marriage Contract Through Teleconference During the Covid-19 Pandemic: An Overview of Maqashid Syariah","authors":"S. Supriadi","doi":"10.35673/AL-BAYYINAH.V5I2.1780","DOIUrl":"https://doi.org/10.35673/AL-BAYYINAH.V5I2.1780","url":null,"abstract":"Rapid technological developments have affected all aspects of people's social life, including in the field of marriage. One indication is the use of teleconference developments as a medium for conducting marriage contracts, but the problem is, Islamic law has not specifically regulated the rules or laws of marriage contracts through teleconference technology or other online media, while the development of information technology is faster and faster when compared to development of legal substance. The issue of the marriage contract via teleconference caused controversy because of differences in interpretation of the concept of the unity of the assembly. This research is a type of normative legal research. Normative legal research that focuses on legal principles related to the implementation of the marriage contract. This study is descriptive in nature, collecting information about a teleconference marriage contract phenomenon. The approach used is a normative theological approach, phenomenology and philosophy. The analytical knife uses the maqashid shariah theory in observing the marriage contract by teleconference. The research findings show that the marriage contract through teleconference which was carried out during the Covid-19 pandemic was reviewed according to maqashid shariah is a legal event that is allowed, and this will be an alternative to avoid harm as a goal to maintain the human soul.","PeriodicalId":178562,"journal":{"name":"Al-Bayyinah","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132703690","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Strategy for Maintaining the Marriage Household with Long-Distance Relationship of State Civil Apparatus at the Regional Office of the Ministry of Religious Affairs of Gorontalo Province 哥伦塔洛省宗教事务部区域办事处国家民事机关维持异地婚姻家庭的战略

Al-Bayyinah Pub Date : 2021-11-12 DOI: 10.35673/AL-BAYYINAH.V5I2.1784

Titin Samsudin, Siti Anjarwati

{"title":"The Strategy for Maintaining the Marriage Household with Long-Distance Relationship of State Civil Apparatus at the Regional Office of the Ministry of Religious Affairs of Gorontalo Province","authors":"Titin Samsudin, Siti Anjarwati","doi":"10.35673/AL-BAYYINAH.V5I2.1784","DOIUrl":"https://doi.org/10.35673/AL-BAYYINAH.V5I2.1784","url":null,"abstract":"Long-distance marriage is a phenomenon that usually occurs for reasons such as work reasons. This study aims to examine the long-distance marriage of State Civil Apparatus (ASN) at the Regional Office of the Ministry of Religious Affairs of Gorontalo Province. This research is field research that presents a narrative, descriptive description of the informants with a normative, juridical and sociological theological approach. This study used primary data sources and secondary data. Data was collected through observation, in-depth interview, and documentation for further analysis. The research findings show that the long-distance marriage between Civil Servants in the Regional Office of the Ministry of Religious Affairs of Gorontalo Province is maintained with several strategies, including; good communication, open attitude, honesty, trust, setting the intensity of meetings, fulfilling a living (outwardly and spiritually), being responsible, finding solutions to every problem faced and strengthening and understanding religious values. The implication of the finding is that it can be a reference or reference for people who are undergoing long-distance marriage as a solution in maintaining the integrity of the household.","PeriodicalId":178562,"journal":{"name":"Al-Bayyinah","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122770728","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Convergence of Islam and Democracy 伊斯兰和民主的融合

Al-Bayyinah Pub Date : 2021-10-01 DOI: 10.35673/AL-BAYYINAH.V5I2.1721

Fajar Fajar

{"title":"Convergence of Islam and Democracy","authors":"Fajar Fajar","doi":"10.35673/AL-BAYYINAH.V5I2.1721","DOIUrl":"https://doi.org/10.35673/AL-BAYYINAH.V5I2.1721","url":null,"abstract":"This studyattempts to analysethe relationship between Islam and democracy objectively with logical rational arguments. It aims to clarify the differences between Islam and democracy in terms of values and concepts, in addition to explaining the reasons for the rejection of some Muslims against democracy and the arguments underlying their rejection. Then, itattempts to draw a theoretical relationship between Islam and democracy by asking critical questions, logical assumptions, and arguments that rely on the empirical practice of implementing democracy in Indonesia. Islam and democracy were born from two different ontological areas. Islam as a religion is believed to be sacred and absolute truth because ontologically its teachings come from God. While the democratic political system was born from the historical trajectory of human cultural development, it means that democracy is profane secular, and the truth is contextual perspective of the status quo of Muslim elite power politics. The concept of democracy in terms of genealogy, values, and orientation is not entirely the same as Islamic teachings, but it is not denied that Islamic teachings are in many respects substantially in line with the concept of democracy. Thus, Indonesia is a country with the largest Muslim population in the world, so it is fitting for Indonesian Muslims to become enforcers of democracy based on human religious values. That is a model of democracy that not only provides a place for the growth of people's beliefs or religiosity, but also provides space for the realization of human rights. Therefore, democracy as a concept, in its implementation, of course, must be adapted to the context and culture of the local community, especially Islamic communities such as in Indonesia and in the Middle East.","PeriodicalId":178562,"journal":{"name":"Al-Bayyinah","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121678441","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0