Jurnal Ilmiah Al-Syir'ah最新文献_第2页

Divorce Cases in Members of Indonesian Police Force: A Positive Law Perspective 印度尼西亚警察部队成员的离婚案件:积极的法律视角

Jurnal Ilmiah Al-Syir'ah Pub Date : 2022-06-30 DOI: 10.30984/jis.v20i1.1793

N. Kasim, Trubus Semiaji

引用次数: 1

The Current Development of Marriage Age Provisions in Indonesia and Malaysia: A Socio-Historical Approach 印尼和马来西亚婚龄规定的当前发展:一个社会历史的方法

Jurnal Ilmiah Al-Syir'ah Pub Date : 2022-06-30 DOI: 10.30984/jis.v20i1.1813

Ibnu Radwan Siddik Turnip, Zainul Fuad, N. Nurhayati

{"title":"The Current Development of Marriage Age Provisions in Indonesia and Malaysia: A Socio-Historical Approach","authors":"Ibnu Radwan Siddik Turnip, Zainul Fuad, N. Nurhayati","doi":"10.30984/jis.v20i1.1813","DOIUrl":"https://doi.org/10.30984/jis.v20i1.1813","url":null,"abstract":"This paper discusses how the current social history of Islamic law in the Southeast Asian region relates to the minimum age of marriage. Then also, it will be examined how socio-cultural and socio-political influences surround the change in the provisions of the minimum age of marriage in the two countries. This normative legal research focused on studying legal history using the social history approach of Islamic law. Data is analyzed with qualitative methods. The results showed a change in the age of marriage in Indonesia, from 19 years for men and 16 years for women to 19 years for both men and women. While in Malaysia, most states have not changed the minimum age of marriage, remaining at 18 years old for men and 16 years for women. The change in the age of marriage occurs in the state of Selangor alone, which determines the marriage age limit is 18 years for men and women. The difference in terms of the marriage age limit in these two countries is strongly influenced by the socio-cultural and socio-political dynamics in society. The aspirations of some groups of people towa Â rds changing the marriage age limit in both countries have also strengthened due to the growing number of cases of child marriage, extramarital pregnancy, and the practice of abortion in both countries.","PeriodicalId":269372,"journal":{"name":"Jurnal Ilmiah Al-Syir'ah","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131063189","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: 3

Legality of Khulu' Lawsuit for Wives in the Provisions of Legislation in Indonesia 论印尼立法规定中库鲁诉妻子的合法性

Jurnal Ilmiah Al-Syir'ah Pub Date : 2022-06-30 DOI: 10.30984/jis.v20i1.1817

RR Dewi Anggraeni, Dianna Primadianti, Saptaning Ruju Paminto, N. Yunus

引用次数: 0

Fulfillment Matter of Education Rights of Children in Conflict With the Criminal Law 与刑法相冲突的儿童受教育权的实现问题

Jurnal Ilmiah Al-Syir'ah Pub Date : 2022-06-30 DOI: 10.30984/jis.v20i1.1825

Nurhamdah Nurhamdah, Emilia Mustary, Fikri Fikri, Subhan Saleh, Nabilahumaida Nabilahumaida

{"title":"Fulfillment Matter of Education Rights of Children in Conflict With the Criminal Law","authors":"Nurhamdah Nurhamdah, Emilia Mustary, Fikri Fikri, Subhan Saleh, Nabilahumaida Nabilahumaida","doi":"10.30984/jis.v20i1.1825","DOIUrl":"https://doi.org/10.30984/jis.v20i1.1825","url":null,"abstract":"This study aims to determine the forms of the fulfillment of education rights for children in conflict with the criminal law in Indonesia through the \"Independent School\" program and the factors hindering its practice. It was field research in the form of a case study with data collection techniques: observation and interviews.Â The research findings reveal that the fulfillment of the right to education for children conflicts with the criminal law (ABH) already carried out but not optimally as regulated in Permen PPPA No. 15 of 2010. This can be seen from the efforts of the staff at LPKA to open non-formal classes even though they do not have adequate classrooms and facilities and the unavailability of professional teaching staff. The inhibiting factor is the absence of human resources in the form of professional teaching staff and limited facilities and infrastructure. As a result, the implementation of education did not work well because the teaching staff did not have an official educational background, and teaching activities were only performed as additional duties as staff at LPKA. The study results show that the LPKA staff's role is vast in providing education to ABH regularly to fulfill education rights. The implications are expected to become input for the LPKA Class II Maros policy to provide management and learning techniques to staff and input for the central government to recruit teaching staff and social workers as well as the provision of facilities and infrastructure.","PeriodicalId":269372,"journal":{"name":"Jurnal Ilmiah Al-Syir'ah","volume":"124 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129720185","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

Internalization in Islamic Law Progressive in Criminal Law Changes in Indonesia 伊斯兰教法的内在化:印尼刑法改革的进步

Jurnal Ilmiah Al-Syir'ah Pub Date : 2022-06-30 DOI: 10.30984/jis.v20i1.1861

Haris Maiza Putra, Hisam Ahyani

{"title":"Internalization in Islamic Law Progressive in Criminal Law Changes in Indonesia","authors":"Haris Maiza Putra, Hisam Ahyani","doi":"10.30984/jis.v20i1.1861","DOIUrl":"https://doi.org/10.30984/jis.v20i1.1861","url":null,"abstract":"Indonesia is a state of law related to the disparity in the decisions of different judges in deciding a case, especially in criminal decisions. A more in-depth study is needed, especially in the case of rape, where in rape cases in Indonesia, several judges have sentenced them to death. This study aims to uncover and explore the Internalization of Progressive Islamic Law (Mashlahat) in Amending Criminal Law in the Death Penalty by Judges Against Defendants in Rape Cases in Indonesia. Progressive Islamic Law promoting peace (Mashlahat) can realize legal protection and peace for the people of Indonesia. The approach in this study uses an empirical juridical approach. This research is also normative-legal, qualitative, and uses descriptive methods through literature studies. This research is sourced from various books, international journals, and national journals. The results of the study concluded that 1) Progressive Islamic Law Internalization in Indonesia in changing criminal law can be carried out by changing the law, which can be done through peace (maslahat) by prioritizing Islamic values rahmatan lil 'alamin in developing and incorporating Islamic legal values into the national legal system in Indonesia; 2) the occurrence of changes to criminal law in Indonesia which was decided by this Judge (Criminal Disparity), among others: a) the judge sentenced to life imprisonment; b) the death penalty; c) 12 years in prison; d) Castration punishment; e) 4 years imprisonment; 3) Internalization of Progressive Islamic Law towards changes in criminal law in Indonesia, when a court judge wants to decide his case, for example in a rape case, a decision can be made through the Mashlahat (peace) concept without having to decide the case with a life sentence or up to the death penalty, especially for perpetrators of rape.","PeriodicalId":269372,"journal":{"name":"Jurnal Ilmiah Al-Syir'ah","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132249685","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: 12

The Urgency of Bajo Traditional Law as a Form of Law Enforcement Against the Performers of the Samenleven Delic 巴霍传统法律作为一种执法形式对萨曼eleven Delic表演者的紧迫性

Jurnal Ilmiah Al-Syir'ah Pub Date : 2021-12-30 DOI: 10.30984/jis.v19i2.1422

L. M. Tijow, Hoiruddin Hasibuan, Hayat Hayat

{"title":"The Urgency of Bajo Traditional Law as a Form of Law Enforcement Against the Performers of the Samenleven Delic","authors":"L. M. Tijow, Hoiruddin Hasibuan, Hayat Hayat","doi":"10.30984/jis.v19i2.1422","DOIUrl":"https://doi.org/10.30984/jis.v19i2.1422","url":null,"abstract":"Life in Indonesia does not recognize Samenleven's relationship because the rules of law and religion do not justify it, but there are still many things like that in Bajo Village. Bajo customary law includes the Bajo Customary Institution. In this institution, its existence helps the village government develop and regulate matters relating to local customs and solving problems regarding adultery, namely Samen Leven. This paper describes how customary law can be used as a law enforcement instrument to resolve the Samenleven offense. Semenleven is living together between a man and a woman without a legal marriage bond. This research uses the type of empirical normative research. The data types used are primary and secondary data sources using several approaches. The results show that the use of Bajo customary law, as a form of law enforcement against the perpetrators of the Samen Leven offense, will create a bargaining justice where customary law is used as the first route in resolving a conflict between victims, perpetrators, and the community. The consequence is that the perpetrator must admit that he has been guilty and is willing to take responsibility for his mistake following applicable customs. The Bajo Customary Council uses customary law as a reference to resolve any problems that occur in Bajo Village, Tilamuta District, namely customary law by deliberation/mediation.","PeriodicalId":269372,"journal":{"name":"Jurnal Ilmiah Al-Syir'ah","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134475519","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: 2

Zakat as a Local Revenue in Aceh: A Dynamics of Policy Implementation in the Local Realm 天课作为亚齐的地方收入:地方领域政策实施的动态

Jurnal Ilmiah Al-Syir'ah Pub Date : 2021-12-29 DOI: 10.30984/jis.v19i2.1659

Dahlawi Dahlawi, Saddam Rassanjani, H. Herizal

引用次数: 0

Astronomical Analysis: Viral Video of the Sun Rising from the North in Jeneponto 天文分析:太阳从Jeneponto的北方升起的病毒视频

Jurnal Ilmiah Al-Syir'ah Pub Date : 2021-12-29 DOI: 10.30984/jis.v19i2.1645

Andi Muh. Akhyar, F. Fatmawati, Rahma Amir, Nuri Amalia, A. Nasyori

{"title":"Astronomical Analysis: Viral Video of the Sun Rising from the North in Jeneponto","authors":"Andi Muh. Akhyar, F. Fatmawati, Rahma Amir, Nuri Amalia, A. Nasyori","doi":"10.30984/jis.v19i2.1645","DOIUrl":"https://doi.org/10.30984/jis.v19i2.1645","url":null,"abstract":"This study aims to conduct an astronomical analysis of the viral video of the Sunrise from the north on Thursday, June 17, 2021, in Jeneponto Regency, South Sulawesi, Indonesia. The video shows a man testifying to the Sun's position in the north and associating this phenomenon as one of the signs of the Day of Judgment. It attracts much attention to become a trending topic, both of social, national, and international media. This research is descriptive with a qualitative approach using library research methods and content analysis of location, calculations, and images. Primary data was obtained through the interview, while secondary data came from related articles and books. Data collection techniques used documentations and relevant data or theories to the research question. Furthermore, the collected data were analyzed inductively and comparatively. Location analysis was carried out using the Google Maps application, and it was found that the coordinates of MAN Binamu Jeneponto were at 5.67o South (S) and 119.73 East (E). Through calculation analysis, it is known that day the Sun rose in Jeneponto at 06.08 WITA with an azimuth of 66° 35' 23\". The comparative analysis between the video displays and google maps was then applied and found that the north direction shown in the video was not the actual one. The confirmation process concluded that the Sun did not rise from the north but the east (towards the northeast). The misunderstanding of Qiblah leading the west causes the observer's misidentification of the Sun's position.","PeriodicalId":269372,"journal":{"name":"Jurnal Ilmiah Al-Syir'ah","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116527731","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

Legal Construction of the Buginese Understanding 商业理解的法律建构

Jurnal Ilmiah Al-Syir'ah Pub Date : 2021-12-29 DOI: 10.30984/jis.v19i2.1530

M. Yusuf, I. Wekke, Afandi Salleh, Rosdalina Bukido

{"title":"Legal Construction of the Buginese Understanding","authors":"M. Yusuf, I. Wekke, Afandi Salleh, Rosdalina Bukido","doi":"10.30984/jis.v19i2.1530","DOIUrl":"https://doi.org/10.30984/jis.v19i2.1530","url":null,"abstract":"This article investigates the relevance of values of Bugis culture dan Muslim Scholars' views in Bugis Quranic exegesis by MUI of South Sulawesi. This research uses a content analysis approach to the Bugis Quranic exegesis. Bugis Muslims scholars' views about women's rights (opportunity) to be public leaders, iddah, and inheritance distribution are relevant to core values of Bugis culture and local wisdom of Bugis people. To be public leaders, women never mind as long as they fulfill qualitative and functional criteria. In household affairs, a married couple is a partnership where both have responded to do together. 'Iddah stress to religious principle and culture of siri' (self-respect), paccing (purity), asitinajang (fairness). Inheritance distribution does relate to the right and responsibility to realize equality and justice. Muslim scholars' of Bugis have the expertise to deliver values of Bugis culture, and explanatory is not only explicitly, but also implicitly and inherently. The Quran and local wisdom are two values integrated into giving solutions to people. Therefore, the integration between local wisdom relevant to the teachings of Islam (the Koran) undertaken by the ulama will undoubtedly be more effective.","PeriodicalId":269372,"journal":{"name":"Jurnal Ilmiah Al-Syir'ah","volume":"111 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134392409","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

Positive Transformation of Islamic Law in Local Wisdom in the Sultan of Tidore 蒂多苏丹地方智慧中伊斯兰教法的积极转化

Jurnal Ilmiah Al-Syir'ah Pub Date : 2021-12-29 DOI: 10.30984/jis.v19i2.1479

Harun Ginoni, Fauzan Hanafi, Nurhayati Rahman

{"title":"Positive Transformation of Islamic Law in Local Wisdom in the Sultan of Tidore","authors":"Harun Ginoni, Fauzan Hanafi, Nurhayati Rahman","doi":"10.30984/jis.v19i2.1479","DOIUrl":"https://doi.org/10.30984/jis.v19i2.1479","url":null,"abstract":"Tidore is one of the Islamic Sultanates in the archipelago which applies Islamic Law positively from 1495 until the joining of Tidore into the lap of the Republic of Indonesia. Islamic law in the Tidore Sultanate is no longer applied as positive law but has become a value that lives with the customs of the people of the Tidore Sultanate. This research focuses on examining the transformation of the Islamic law that once prevailed in the Tidore sultanate into values, principles, and philosophies that live in the Tidore community. This research was built with a qualitative research type with a socio-historical approach involving traditional and religious leaders as resource persons and a study of the existing \"Kie Se Kolano\" regulatory text so that it is expected to produce an accurate picture of the object under study. This research is expected to provide conceptual ideas in building awareness that Islamic law has actually become the volkgeist (soul of the Nation) for the Indonesian people, especially for the Tidore community, especially the younger generation who are currently being bombarded with various information that may be able to keep the younger generation away from the soul. His Nation.","PeriodicalId":269372,"journal":{"name":"Jurnal Ilmiah Al-Syir'ah","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128505648","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