Al Ihkam Jurnal Hukum Pranata Sosial最新文献_第6页

Rekonstruksi Konsep Tamkin Sempurna dalam Pasal 80 Ayat (5) KHI Perspektif Maqasid Abdullah bin Bayyah

Al Ihkam Jurnal Hukum Pranata Sosial Pub Date : 2023-05-07 DOI: 10.37680/almanhaj.v5i1.2588

Muhammad Fashihuddin, Fadil Sj, A. Izzuddin

{"title":"Rekonstruksi Konsep Tamkin Sempurna dalam Pasal 80 Ayat (5) KHI Perspektif Maqasid Abdullah bin Bayyah","authors":"Muhammad Fashihuddin, Fadil Sj, A. Izzuddin","doi":"10.37680/almanhaj.v5i1.2588","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2588","url":null,"abstract":"The Compilation of Islamic Law is the material basis for the Panel of Judges in deciding cases in the Religious Courts. However, the substantive content of KHI still needs to be reviewed. One of them is the problem of perfect tamkin as the cause of the husband's obligation to support his wife in Article 80 paragraph (5) KHI. The meaning contained in this phrase is classified as abstract, thus giving birth to various interpretations of judges, even though in essence the cases handled tend to be the same. Therefore, this study aims to determine substantive weaknesses and reconstruct the meaning of perfect tamkin and review it from Abdullah bin Bayyah's maqasid perspective. The method used is normative qualitative method using KHI as the primary legal material. Methods of data collection using the method of documentation. This research resulted in: (1) in article 80 paragraph (5) KHI found substantive weaknesses that must be addressed, namely: a) incomplete adoption of fiqh opinions; b) the substance of the article which leads to the applicability of meaning in general; and c) the judges' interpretations vary which causes confusion in the meaning of nature. (2) in reconstructing the article, elaboration is needed between the interpretation of the fuqaha and the judge. In order to find a formula regarding the definition of perfect tamkin, its indicators, and the conditions for a wife to earn a living. In the maqasid review, it was found that the method used to determine tamkin is sukut al-syari' and it belongs to al-wasilah ila al-maqsad al-tabi'i","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77015976","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

Perlindungan terhadap Lembaga Consumer Finance atas Wanprestasi yang Dilakukan oleh Konsumen 保护消费者金融机构对消费者成就的追求

Al Ihkam Jurnal Hukum Pranata Sosial Pub Date : 2023-05-07 DOI: 10.37680/almanhaj.v5i1.2643

Cindy Mutiara Purwanti, Zulham Zulham

{"title":"Perlindungan terhadap Lembaga Consumer Finance atas Wanprestasi yang Dilakukan oleh Konsumen","authors":"Cindy Mutiara Purwanti, Zulham Zulham","doi":"10.37680/almanhaj.v5i1.2643","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2643","url":null,"abstract":"This research discusses how the law protects business actors from consumers who do not have good faith in carrying out their obligations in paying installments. So, this study aims to analyze, prove, and find value on the principle of default committed by consumers in cases between PT. SINARMAS MULTIFINANCE MEDAN BRANCH with its debtors in decision No. 688/Pdt.Sus-Bpsk/2018/PN Medan. Based on the objectives to be achieved, this study uses a normative juridical method using references from various books, journals, legislation, and other supporting literacy. The results of this study reveal that the agreement given by the consumer finance party regarding the rights and obligations imposed on the debtor is to pay instalments, if this obligation is not fulfilled then a subpoena can be given. If it is not fulfilled, then the goods that are used as objects can be withdrawn, as a result the debtor can lose the right to the goods, and the consumer finance party can terminate the agreement unilaterally. Finally, this study concludes that there has been an act of default by the debtor to the creditor. Furthermore, he found that the form of protection for consumer finance for motorized vehicles for consumer default, namely the agreement of substitution power for unit acquisition and the sale of fiduciary guarantees.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85402132","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

Pelanggaran Hak Kedaulatan bagi Rakyat Secara Sistematis dalam Parliamentary Threshold pada Pemilu di Indonesia 在印度尼西亚的议会选举中，系统地侵犯人民的主权

Al Ihkam Jurnal Hukum Pranata Sosial Pub Date : 2023-05-07 DOI: 10.37680/almanhaj.v5i1.2674

Vanesa Ingka Putri, Vira Ayuningtyas, Yurike Siti Mariyam, Lubabah Shobrina Syahida

{"title":"Pelanggaran Hak Kedaulatan bagi Rakyat Secara Sistematis dalam Parliamentary Threshold pada Pemilu di Indonesia","authors":"Vanesa Ingka Putri, Vira Ayuningtyas, Yurike Siti Mariyam, Lubabah Shobrina Syahida","doi":"10.37680/almanhaj.v5i1.2674","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2674","url":null,"abstract":"Parliamentary threshold or parliamentary threshold is a threshold requirement for the acquisition of votes by political parties participating in the general election which aims to be able to send representatives to parliament. The existence of a parliamentary threshold is expected to provide a change to be able to accommodate all groups, but for political parties that have not been able to meet the requirements related to the parliamentary threshold, political matters for their legislative candidates will be eliminated. So this gives the impression that democracy in Indonesia has not been realized as it should be because people's sovereignty is determined by whether democracy is functioning or not. This research uses normative method. This study aims to describe how the systematic violation of people's sovereignty in the parliamentary threshold in elections in Indonesia. The results of this study are (1) People's sovereignty is the main source related to the power possessed by the state, but in this case the parliamentary threshold which is considered to be able to provide a change to be able to accommodate all groups is precisely the opposite of the concept of people's sovereignty and deprives human rights. human beings in terms of association or politics where in a democratic country the sovereignty of the people is an important element in it.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90501816","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

Pertanggungjawaban Pidana Terhadap Pelaku Penyakit Bipolar dalam Penyebarluasan Tindak Pidana Pornografi 在色情罪行的传播中，对双相情感障碍患者的刑事责任

Al Ihkam Jurnal Hukum Pranata Sosial Pub Date : 2023-05-07 DOI: 10.37680/almanhaj.v5i1.2592

Dicky Fachrozy, B. Panjaitan

{"title":"Pertanggungjawaban Pidana Terhadap Pelaku Penyakit Bipolar dalam Penyebarluasan Tindak Pidana Pornografi","authors":"Dicky Fachrozy, B. Panjaitan","doi":"10.37680/almanhaj.v5i1.2592","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2592","url":null,"abstract":"The aims to analyze the criminal responbility of sufferers of bipolar disorder, in this case the perpetrators distribute pornographic videos of victim, in law the 2008 Pornography Law regulates this, therefore the victim wants to sue the perpetrator to court. And in Law No. 18 of 2014 concerning mental health Article 71 paragraph 1 reads “For the sake of law enforcement, a person suspected ODGJ who committed a crime must get a Mental Health examination. “For this reason, the purpose and scope of the research focused on this article. This study usednormative and qualitative methods with the nature of prescriptive research. The results i found were from the evidence as the statemenr the perpetrator can prove he has bipolar disorder, therefore in the Criminal Code Article 44 paragraph 1 states that no one can be punished for carrying out an act for which he cannot be held accountable, because his mind is imperfect or he has a change of mid. Bipolar discorder is adjusted to the conditions that accompany the sufferer in certain legal cases. However, in this case it cannot be equated that every criminal act commited by a person wuth bipolar disorder cannot be partially responsible.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74317331","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

Ganti Rugi Penyewa Atas Pemanfaatan Fasilitas Kamar Hotel Menurut Fatwa DSN-MUI NO: 112/DSN-MUI/IX/2017 (Studi Kasus Hotel Syariah Kec. Rantau Utara Kab. Labuhan Batu) 根据Fatwa DSN-MUI: 112/DSN-MUI/IX/2017(伊斯兰酒店案例研究)，对酒店使用设施的租户进行赔偿。Kab北部地区。石头是左)

Al Ihkam Jurnal Hukum Pranata Sosial Pub Date : 2023-05-07 DOI: 10.37680/almanhaj.v5i1.2644

Elis Hasibuan, Fatimah Zahara

{"title":"Ganti Rugi Penyewa Atas Pemanfaatan Fasilitas Kamar Hotel Menurut Fatwa DSN-MUI NO: 112/DSN-MUI/IX/2017 (Studi Kasus Hotel Syariah Kec. Rantau Utara Kab. Labuhan Batu)","authors":"Elis Hasibuan, Fatimah Zahara","doi":"10.37680/almanhaj.v5i1.2644","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2644","url":null,"abstract":"This research is entitled tenant compensation for the use of hotel room facilitiesaccording to the DSN-MUI fatwa NO: 112/DSN-MUI/IX/2017 (Case study ofsharia hotels in North Rantau District, Labuhan Batu Regency), this study aimsto find out how the provisions for compensation the tenant's loss for the use ofhotel room facilities, how is the implementation of compensation for the tenantfor the use of hotel room facilities according to the DSN-MUI fatwa NO:112/DSN-MUI/IX/2017 in Rantau Utara District, including, Wisma Syariah Hotel,Ahza Syariah and Rifana Residence Syariah. This research uses field research.The research method used is a qualitative research method and data sources wereobtained through interviews with 3 tenants (Musta'jr) and 3 lessees (Mu'jir). Theresults of this study indicate that there are still hotels that enforce compensationlaws for the use of room facilities, this clearly violates the rules according to theFatwa of the National Syari'ah Council Number 112/DSN-MUI/IX/2017concerning Ijarah Contracts which states that Musta'jir in ijarah contract 'ala ala'yan, is not obliged to bear the risk of losses arising from utilization, except foral -ta'addi, al -taqshir, or mukhalafat al-syuruth, and violates the contents andterms of the contract. So that the implementation of leasing creates harm or directimpacts such as a party who is harmed where this contains dharar and includestyrannical actions against tenants.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78871145","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

Pelanggaran Hukum Terhadap Hak Cipta Lagu Karena Melakukan Perubahan Secara Ilegal 非法改变歌曲的版权是非法的

Al Ihkam Jurnal Hukum Pranata Sosial Pub Date : 2023-05-07 DOI: 10.37680/almanhaj.v5i1.2646

Pongki Paulus Ndokii, Y. Yunanto

{"title":"Pelanggaran Hukum Terhadap Hak Cipta Lagu Karena Melakukan Perubahan Secara Ilegal","authors":"Pongki Paulus Ndokii, Y. Yunanto","doi":"10.37680/almanhaj.v5i1.2646","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2646","url":null,"abstract":"Copyright is the exclusive right of the creator that arises automatically based ondeclarative principles after a work is realized in a tangible form without reducingrestrictions in accordance with the provisions of laws and regulations. Thedefinition of Copyright is regulated in Law Number 28 of 2014 concerningCopyright Article 1 number 1. Copyright is different from other IntellectualProperty Rights which must be registered. Copyright does not protect ideas,information or facts. Copyright begins with the existence of an idea which is thenrealized in a tangible form. The idea that has been realized in a tangible form thengets exclusive rights automatically. There are two types of exclusive rights,namely moral rights and economic rights. Moral rights are the rights ofindividuals or individuals to the copyrighted works they produce not to bechanged by anyone, even though the copyright of the work has actually beenhanded over to other parties. Economic rights are the exclusive rights of thecreator or copyright holder to obtain economic benefits from the work. But infact, there are still many people who commit copyright infringement withoutpaying attention to the moral rights and economic rights of the creator orcopyright holder. At this time technology has developed rapidly and committinga copyright infringement has been easy to do with the development oftechnology. Especially the act of copying product photos that occur on theinternet, namely Instagram social media. This raises the question of whether theact of copying product photos on social media is a violation of copyright andwhat are the legal remedies.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80334876","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

Perlindungan Hukum bagi Para Pihak dalam Perjanjian Jual Beli Tanah Letter C dibawah Tangan 《买卖土地合同》各方的法律保护

Al Ihkam Jurnal Hukum Pranata Sosial Pub Date : 2023-05-05 DOI: 10.37680/almanhaj.v5i1.2457

Zulfikar Madyasta Aprilio, Anna Silviana

{"title":"Perlindungan Hukum bagi Para Pihak dalam Perjanjian Jual Beli Tanah Letter C dibawah Tangan","authors":"Zulfikar Madyasta Aprilio, Anna Silviana","doi":"10.37680/almanhaj.v5i1.2457","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2457","url":null,"abstract":"The agreement made in the private sale and purchase of Letter C land constitutes a legal relationship between the two parties. Legal relationship is a relationship that gives rise to legal consequences guaranteed by laws and regulations. Every legal action that gives rise to legal consequences must receive legal protection, especially if there is a dispute between the parties. Disputes can occur after a private agreement on the sale of Land Letter C is agreed. This study aims to analyze and understand the law given to the parties involved in private agreements on Letter C land sellers, where protection can usually be obtained from clauses in the agreement and outside the agreement in statutory regulations. Legal protection is an important aspect to guarantee the fulfillment of one's legal rights. Legal protection is needed to provide solutions, certainty and clarity to existing settlements and potential post-agreement disputes. The research method used is the normative juridical research method. The approach used is the statutory approach. The primary legal material collection is by collecting regulations and examining all laws and regulations related to the research problem. From the results of this study, it is illustrated that protection for the seller is asking the buyer to immediately pay the price of the object of the agreement within a certain period of time. Based on Articles 1513 and 1514 of the Civil Code, the protection that can be exercised by the buyer in executing a sale and purchase agreement is to examine the existence of proof of ownership of the land rights that are the object of the agreement. The buyer is based on Article 1491 of the Civil Code.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76336749","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

Tinjauan Hukum Pemberian Upah Pada Buruh Dibawah Upah Minimum Provinsi 法律评审给予各省最低工资下工人工资

Al Ihkam Jurnal Hukum Pranata Sosial Pub Date : 2023-05-05 DOI: 10.37680/almanhaj.v5i1.1997

Tri Dian Aprilsesa, M. Tahir, S. Aminah, Marnita Marnita

{"title":"Tinjauan Hukum Pemberian Upah Pada Buruh Dibawah Upah Minimum Provinsi","authors":"Tri Dian Aprilsesa, M. Tahir, S. Aminah, Marnita Marnita","doi":"10.37680/almanhaj.v5i1.1997","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.1997","url":null,"abstract":"Getting a decent job and livelihood is a basic right of every citizen as a citizen that must be obtained. In its implementation, it cannot be denied that there are problems in employment, one of which concerns wages. However, in principle employers are prohibited from paying wages to workers/employees lower than the minimum wage. The purpose of analyzing the implementation of the provision of the minimum wage is expressly regulated in Article 23 paragraph (3) of Government Regulation Number 36 of 2021 concerning Wages as the Implementing Regulation of Law Number 11 of 2020 concerning Job Creation. If in the agreement, the wages paid are found to be lower or contrary to laws and regulations, the agreement may be null and void and the wage arrangements are carried out in accordance with the provisions of laws and regulations. The research method is normative juridical to analyze data by means of literature studies on secondary data which specifically discusses the norms contained regarding the Minimum Wage Provisions. Obstacles in the application of wages, both the UMP (Provincial Minimum Wage) and the UMK (Regency/City Minimum Wage), namely lower and middle-level companies that are unable to carry out the provisions of the UMP and UMK provisions themselves so that there is a gap between workers and companies. Even though the UMP is smaller than the UMK, there are small and medium-sized companies that are unable to provide good wages to workers according to the stipulations of the UMP. The welfare of workers in Indonesia has always increased from time to time because the magnitude of the increase in the minimum wage as a whole is lower than the increase in the price of the minimum necessities of life, so that workers cannot live a decent life.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83235726","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

Korporasi Sebagai Subyek Hukum dalam Tindak Pidana Lingkungan Hidup 公司作为环境犯罪的法律主体

Al Ihkam Jurnal Hukum Pranata Sosial Pub Date : 2023-05-05 DOI: 10.37680/almanhaj.v5i1.2672

T. Pratama, Muhammad Ali, Fadil Fadil

引用次数: 0

Legal Protection for Small Businesses in the Free Market Era in Indonesia Review of Law Number 20 of 2008 concerning Micro Small and Medium Enterprises 印度尼西亚自由市场时代对小企业的法律保护对2008年关于中小微企业的第20号法律的审查

Al Ihkam Jurnal Hukum Pranata Sosial Pub Date : 2023-05-05 DOI: 10.37680/almanhaj.v5i1.2543

W. S. Widiarty

{"title":"Legal Protection for Small Businesses in the Free Market Era in Indonesia Review of Law Number 20 of 2008 concerning Micro Small and Medium Enterprises","authors":"W. S. Widiarty","doi":"10.37680/almanhaj.v5i1.2543","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2543","url":null,"abstract":"Implementing the free market in the ASEAN region is one way to grow an advanced economy. Entrepreneurs must be able to compete in this free market era, including small businesses in Indonesia. Small businesses in Indonesia have an essential role in social welfare and economic development in Indonesia. Therefore, the presence of small businesses must be protected because small businesses are absorption of labor. For this reason, a problem must be answered: how to provide legal protection for small businesses in Indonesia's free market era. Meanwhile, the research method used in this study is a normative legal research method, namely library law research conducted by examining library materials or mere secondary data. This research resulted in a conclusion that legal protection is essential to be provided by the government for MSMEs in Indonesia so that there is legal certainty in guaranteeing the activities of small business actors; several Laws and Invitations have been issued which regulate them among others, the MSME Law, and Law No. 7 of 1994 concerning the Agreement Establishing the World Trade Organization.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81040267","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