Indonesian Journal of Law and Islamic Law (IJLIL)最新文献

{"title":"AS-SUNNAH SEBAGAI SUMBER HUKUM ISLAM DALAM ERA YANG PROBLEMATIK","authors":"Laila Lailatul Qodriyyah, Yuhana Rizki Farista, Zulham Maula Farid","doi":"10.35719/ijl.v3i2.124","DOIUrl":"https://doi.org/10.35719/ijl.v3i2.124","url":null,"abstract":"As-Sunnah or what we often call Sunnah is the plural form of the word sunan which means \"habit\" or \"to be done\". At first glance it is similar to the Hadith, but it is different if the sunnah is everything that is quoted from the Prophet, whether in the form of words, practices, or in the form of provisions, teachings, characteristics, behavior, and life journey before the Prophet was appointed as an apostle. Meanwhile the hadith existed after the prophet was appointed as a messenger. There are two more terms that are similar but different, namely Khabar and Atsar. The function of sunnah in the Koran is ta'qid (as reinforcement), tabyin (as an explanation), and mustaqillah. In addition, the relationship between sunnah and al-Qur'an is like two complementary things between mubayyin and maudhu al bayan, mufashil and maudhu ijmal and between juz'i and kulli.","PeriodicalId":400525,"journal":{"name":"Indonesian Journal of Law and Islamic Law (IJLIL)","volume":"1 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":"125897018","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}

{"title":"PERAN VITAL BASYARNAS DALAM PENYELESAIAN SENGKETA BISNIS SYARIAH","authors":"Masyithah Syita","doi":"10.35719/ijl.v3i2.129","DOIUrl":"https://doi.org/10.35719/ijl.v3i2.129","url":null,"abstract":"The emergence of Islamic financial institutions in Indonesia is good progress for the Muslim community. however, the demands of the system and its management also arise with its increasing development. Moreover, solving problems also suppresses the existence of institutions that can handle them. Arbitration that has been carried out by the Prophet, khulafaurrasyidin even in the dynasties that followed is an out of court dispute resolution that can be an option for businessmen. On the initiative of the MUI, by going through several processes, the National Sharia Arbitration Board was formed to resolve disputes between sharia business parties.","PeriodicalId":400525,"journal":{"name":"Indonesian Journal of Law and Islamic Law (IJLIL)","volume":"4 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":"126193672","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}

{"title":"PENGELOLAAN DANA ZAKAT DALAM BENTUK PENDISTRIBUSIAN SAPI OLEH PESANTREN TALAGO DADOK BERDASARKAN UU PENGELOLAAN ZAKAT","authors":"Ashabul Fadhli, Desy Farina, Iljas Madi, Juarsa Badri","doi":"10.35719/ijlil.v3i2.123","DOIUrl":"https://doi.org/10.35719/ijlil.v3i2.123","url":null,"abstract":"It is known that Talago Dadok Islamic Boarding School become one of the mustahik who receive zakat in  conventional productive form by BAZNAS Solok Regency. The zakat received by Talago Dadok Islamic Boarding School in the form of the purchase of 8 (eight) cows as business capital. The proceeds from the effort will be used to pay the salaries of ustadz and ustadzah who teach at Talago Dadok Islamic Boarding School because they do not have a fixed income. Based on the findings and information provided by the implementing officer baznas Solok Regency, the author found some problems appear in the future after the cows raising runs for several months.Through the report provided by Talago Dadok Islamic Boarding School to Province, the relevant office and BAZNAS Solok Regency, there are very significant weaknesses in the aspects of financial statements and bookkeeping. This research is conducted as a field research using sociological approach. This research is interesting to be studied considering that Talago Dadok Islamic Boarsing School has no history of expertise in the field of cow rearing. The findings resulting from this study are that there are many aspects that must be improved by Talago Dadok Islamic Boarding School, especially in the administrative aspect.","PeriodicalId":400525,"journal":{"name":"Indonesian Journal of Law and Islamic Law (IJLIL)","volume":"12 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":"124396876","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}

{"title":"EKSISTENSI PANCASILA SEBAGAI SUMBER SEGALA SUMBER HUKUM DALAM KONSTITUSI INDONESIA","authors":"Sholikul Hadi","doi":"10.35719/ijl.v3i2.128","DOIUrl":"https://doi.org/10.35719/ijl.v3i2.128","url":null,"abstract":"The Pancasila formula has been contained in the constitution that has been in effect in Indonesia, starting with Undang-Undang Dasar Negara Republik Indonesia 1945, Undang-Undang Dasar Republik Indonesia Serikat, Undang-Undang Dasar Sementara 1950. Nevertheless, the terms \"Pancasila\" and Pancasila as the source of all legal sources are not regulated in the constitution. Such provisions will affect the normal conflict in view that pancasila has been agreed upon as the source of all Indonesian legal sources. It aims to do a critical analysis of the existence of pancasila in the constitution in force in Indonesia since 1945 and the need for inclusion of the terms \"pancasila\" and \"pancasila as the source of all law\" in the constitution in Indonesia.","PeriodicalId":400525,"journal":{"name":"Indonesian Journal of Law and Islamic Law (IJLIL)","volume":"2 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":"125318700","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}

{"title":"ANALISIS KEWENANGAN BAWASLU KABUPATEN JEMBER DALAM MENANGANI PELANGGARAN PEMILIHAN BUPATI DAN WAKIL BUPATI TAHUN 2020 DI TENGAH PANDEMI COVID 19","authors":"Dwi Hastuti, Wildan Rofikil Anwar","doi":"10.35719/IJL.V3I2.143","DOIUrl":"https://doi.org/10.35719/IJL.V3I2.143","url":null,"abstract":"The 2020 elections, including the electoral of Regent and Deputy Regent of Jember Regency, are different from the electoral in the previous year because of the COVID-19 pandemic that created many challenges in election supervision, especially the handling of election violations. Therefore, This study aims to determine the role and constraints of Bawaslu in handling violations of the election of regents and deputy regents during the covid 19 pandemic. This research uses a qualitative type with a case study approach. And data collection techniques through in-depth interviews and documentation. The study found that the Jember Regency Bawaslu does its authority based on Act No. 7 of 2017, Act No. 10 of 2016. And Regulation of Bawaslu No 8 of 2020. The Jember Regency Bawaslu supervises the implementation of the election and also makes efforts to prevent violations in the election of the Regent and Deputy Regent in the era of the COVID-19 pandemic. But there are still various violations:  one case of criminal offenses, two cases of administrative violations, one case of the code of ethics violation, and four cases of  health protocols violations. Obstacles of handling violations of the election are the content of the Bawaslu Regulation No. 8 of 2020, and structural obstacles are inadequate human resources and disagreements in the Gakkumdu center, cultural obstacles are money politics culture, nepotism culture, and patron clients culture.The 2020 elections, including the electoral of Regent and Deputy Regent of Jember Regency, are different from the electoral in the previous year because of the COVID-19 pandemic that created many challenges in election supervision, especially the handling of election violations. Therefore, This study aims to determine the role and constraints of Bawaslu in handling violations of the election of regents and deputy regents during the covid 19 pandemic. This research uses a qualitative type with a case study approach. And data collection techniques through in-depth interviews and documentation. The study found that the Jember Regency Bawaslu does its authority based on Act No. 7 of 2017, Act No. 10 of 2016. And Regulation of Bawaslu No 8 of 2020. The Jember Regency Bawaslu supervises the implementation of the election and also makes efforts to prevent violations in the election of the Regent and Deputy Regent in the era of the COVID-19 pandemic. But there are still various violations:  one case of criminal offenses, two cases of administrative violations, one case of the code of ethics violation, and four cases of  health protocols violations. Obstacles of handling violations of the election are the content of the Bawaslu Regulation No. 8 of 2020, and structural obstacles are inadequate human resources and disagreements in the Gakkumdu center, cultural obstacles are money politics culture, nepotism culture, and patron clients culture.","PeriodicalId":400525,"journal":{"name":"Indonesian Journal of Law and Islamic Law (IJLIL)","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126896217","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}

{"title":"PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU TINDAK PIDANA PENIPUAN DALAM JUAL BELI TAMBAK UDANG","authors":"Ais Wahyunita, Melisa Safitri","doi":"10.35719/IJL.V3I1.116","DOIUrl":"https://doi.org/10.35719/IJL.V3I1.116","url":null,"abstract":"Criminal fraud is a form of crime against human wealth, such as criminal fraud in the sale and purchase of shrimp farming conducted by Wagiono and it had been decided by the Judicial Panel of District Court of Menggala Number 449/Pid.B/2019/PN.Mgl. The result of the study reveals that criminal liability against perpetrators of criminal fraud in the sale and purchase of shrimp farming based on The Decision No. 449/ Pid.B/2019 / PN.Mgl was found guilty or violates the provisions of Article 378 of the Criminal Code and sentenced to imprisonment for 1 (one) year while the judge's consideration in deciding the perpetrators was based on Decision Number 449/Pid.B/2019/PN.Mgl and the evidence, witness testimony, expert testimony, indictments and demands of the Public Prosecutor, the elements fulfilled in the Prosecutor's Indictment, as well as aggravating and mitigating factors for the accused.","PeriodicalId":400525,"journal":{"name":"Indonesian Journal of Law and Islamic Law (IJLIL)","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121565385","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}

{"title":"ANALISIS PERTANGGUNGJAWABAN PELAKU TINDAK PIDANA PERJUDIAN JENIS TOTO GELAP ONLINE","authors":"Texas Arnando","doi":"10.35719/IJL.V3I1.120","DOIUrl":"https://doi.org/10.35719/IJL.V3I1.120","url":null,"abstract":"Gambling is a deliberate bet that is risking precious thing by realizing certain risks and expectations. such as the online lottery gambling case which had been decided by the Class IA of District Court of Tanjungkarang Number 978/Pid.B/2020/PN.Tjk. The result of the study reveals that criminal liability against black toto gambler online in Lampung namely by imprisonment for 1 (one) year while the judge's consideration in deciding the perpetrators was based on Decision Number 978/Pid.B/2020/PN.Tjk. including the demands of the public prosecutor, observe the indictment of the public prosecutor, listening to statements from witnesses, expert statements, statements of the defendant and evidence, legal facts revealed at trial, then consider the criminal elements of the defendant's actions seen from the Public Prosecutor's Indictment, If the criminal elements have been met, the Panel of Judges will give consideration to aggravating and mitigating factors for the accused.","PeriodicalId":400525,"journal":{"name":"Indonesian Journal of Law and Islamic Law (IJLIL)","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132016441","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}

{"title":"PENGALIHAN HAK SEWA TANAH PERSPEKTIF FIQIH MU’AMALAH DAN HUKUM POSITIF DI INDONESIA","authors":"M. Aminullah","doi":"10.35719/IJL.V3I1.113","DOIUrl":"https://doi.org/10.35719/IJL.V3I1.113","url":null,"abstract":"Leasing is an agreement between one party that undertakes and binds itself to hand over the benefits of an item to another party for a certain period of time followed by payment as a reward. Along the way, the practice of renting does not always work as it should. Like the leasing that occurred in Jatimulyo Village, where one party could transfer the lease rights to another party when the lease was in progress. The method used in this study uses descriptive qualitative with short interviews with certain parties. The results of the study are: Fiqih Mu'amalah perspective on the practice of transferring lease rights that is carried out is penalized null (fasakh), because the transfer made is not in accordance with the provisions of the stipulated syara ', and there is no authority of the tenant for the transfer made. Meanwhile, the positive legal perspective in Indonesia on the practice of transferring land lease rights to third parties is an activity that is not allowed. This is in accordance with Article 1559 of the Civil Code, which does not require the lessee to release his lease to another party unless there is approval from the land owner, as well as a statement that the transfer may be made. Likewise with Article 310 KHES that tenants are not allowed to rent goods (land) that are leased to other parties except with the permission of the renting party.","PeriodicalId":400525,"journal":{"name":"Indonesian Journal of Law and Islamic Law (IJLIL)","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125657567","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}

{"title":"PUTUSAN HAKIM DALAM MENJATUHKAN PIDANA TERHADAP ANAK PELAKU TINDAK PIDANA KEPEMILIKAN SENJATA API ATAU BENDA TAJAM","authors":"Nanda Saputra","doi":"10.35719/IJL.V3I1.115","DOIUrl":"https://doi.org/10.35719/IJL.V3I1.115","url":null,"abstract":"One form of criminal acts of possession of weapons committed by children or children who are in conflict with the law is in Decision Number: 14/Pid.Sus-Anak/2019/PN Gdt. The research method uses a normative and empirical juridical approach. Sources of normative and empirical data. Collecting data through library research and field research. The data analysis used was qualitative juridical. The results of the research and discussion show that the factors causing the child to be the perpetrator of a criminal act of possession of firearms or sharp objects based on Decision Number: 14/Pid.Sus-Anak/2019/PN Gdt are 1 (one) sharp weapon blade with a wooden handle and a wooden cover is the property of Son HA Bin YH who was brought with the aim to protect themselves. Criminal responsibility for children as perpetrators of criminal possession of firearms or sharp objects based on Decision Number: 14/Pid.Sus-Anak/2019/PN Gdt is to impose a 4 (four) month imprisonment and charge the child to pay a court fee of IDR 2,000 (two thousand rupiah). Judges' legal considerations in imposing criminal sanctions on children as perpetrators of criminal acts of possession of firearms or sharp objects based on Decision Number: 14/Pid.Sus-Anak/2019/PN Gdt are in accordance with the provisions of the applicable law. What is burdensome is that the child's actions are disturbing society, while what mitigates is the child admits frankly and regrets his actions and promises not to repeat it and the child has never been punished.","PeriodicalId":400525,"journal":{"name":"Indonesian Journal of Law and Islamic Law (IJLIL)","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127534263","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}

{"title":"EKSISTENSI DAN KEHUJJAHAN YURISPRUDENSI PENGADILAN AGAMA SEBAGAI SUMBER HUKUM","authors":"Baidlowi Baidlowi","doi":"10.35719/IJL.V3I1.111","DOIUrl":"https://doi.org/10.35719/IJL.V3I1.111","url":null,"abstract":"One of the legal systems adopted in Indonesia is the common law system. In this legal system, the law is not bound by formal procedures. Even more, law interacts with people's lives or in another sense, law is a formation of the culture (culture) of society. Therefore, in this system, judges in the judiciary, both in general, religious, military and state administration are given full authority to create laws (judge made law). This case can also occur in the Religious Courts as executors of the Religious Courts. Where the judges in the Religious Courts, of course, also have the same capability and right to create laws as judges in other courts. From this, the possibility of the emergence of Jurisprudence can be expected. Because the judge has been in the process of exercising the authority that has been given to him to create laws. With the ability of judges to create a law, finally the author's mind appears regarding the problem related to the existence of jurisprudence as a source of PA law and the problem is usually a jurisprudence - which is the result of a judge's ijtihad in punishing a case - to be used as a legal foothold in decision making in the court environment. Religion, in particular, is related to its honesty when compared to Islamic jurisprudence (Fiqh). This journal writing method is based on literature and literature reviews that discuss the issue of jurisprudence.","PeriodicalId":400525,"journal":{"name":"Indonesian Journal of Law and Islamic Law (IJLIL)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129564791","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}