Journal of Progressive Law and Legal Studies最新文献

{"title":"Animal Abuse in the View of Islamic Criminal Law","authors":"Salman Farizi","doi":"10.59653/jplls.v1i01.9","DOIUrl":"https://doi.org/10.59653/jplls.v1i01.9","url":null,"abstract":"Islam as the majority religion in Indonesia teaches us to be a mercy to the universe, including taking care of animals on earth. However, Indonesia is the country with the largest number of downloaders of animal abuse content in the world. Therefore, the purpose of this study is to analyze these problems from the perspective of jurisprudence. The research method used is normative legal research with a statutory approach and analysis of Islamic legal theories. The results of this study indicate that the crime of mistreatment of animals in Indonesia is regulated in the Criminal Code (KUHP) Article 302 and Article 540, as well as Law Number 18 of 2009 as amended by Law Number 41 of 2014 concerning Animal Husbandry and Health. Animal abuse in jinayah fiqh is included in the ta'zir finger, in which the level and punishment are determined by the government ( ulil amri ).","PeriodicalId":431410,"journal":{"name":"Journal of Progressive Law and Legal Studies","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126203944","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":"Problem of Determining Past Income for Children in Court the Decisions","authors":"Masnuah Lisa","doi":"10.59653/jplls.v1i01.8","DOIUrl":"https://doi.org/10.59653/jplls.v1i01.8","url":null,"abstract":"The data obtained were then analyzed using the content analysis method. Decision Religious shows that the legal basis for refusing claims for māḍiyah maintenance for children in divorce is legal considerations as considered by the Supreme Court in its decision rejecting lawsuits for past maintenance for children, namely that the father's obligation to provide for his child is lil-intifā’, not lit -tamlīk, then a person's negligence fathers who do not provide for their children cannot be sued. This leads to injustice because māḍiyah maintenance is not granted to children. This will certainly be detrimental to the life and welfare of the child, who in other circumstances can become a shield for a father who neglects to provide for his child. Māḍiyah's livelihood is a form of protection for the rights of divorced women and children born during a marriage. This is in line with the verses of the Koran and hadith which talk about the obligation of a father to his wife and children to provide maintenance.","PeriodicalId":431410,"journal":{"name":"Journal of Progressive Law and Legal Studies","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130544581","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":"Legal Burden of Obligation to Pay Tax on Business Results in the Zakat Concept","authors":"Budi Harahap","doi":"10.59653/jplls.v1i01.10","DOIUrl":"https://doi.org/10.59653/jplls.v1i01.10","url":null,"abstract":"This research is the understanding of the people who are aware of the law in paying zakat from the business. The focus of this research is how the understanding of the law-conscious community in paying zakat from business results. Furthermore, this type of research is field research (direct research on objects or subjects in the field to obtain data). The results of this study are to examine people's understanding of paying zakat from the business. Zakat is worship in the field of property, which relates to people who give zakat ( muzakki ), recipients ( mustahik ), assets issued by zakat, and society as a whole. Islam has a concept of zakat which is a concern for the weak. Zakat is paid by a muzakki given to the mustahik. In this study, it appears that the understanding of people of Lengayang District only understands the zakat fitrah that they pay during the fasting month. For the measure of payment, they only estimate it. In the efforts that must be made so that people's understanding of the obligation of zakat can be achieved through coaching muzakki and mustahiq, of course, there is good cooperation between all parties involved, namely the community itself, the Zakat Collection Unit, village officials, religious scholars, and religious extension workers are no exception.","PeriodicalId":431410,"journal":{"name":"Journal of Progressive Law and Legal Studies","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132189924","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":"The Freedom to Determine the Choice to Have or not have Children","authors":"Richard Mantaru, Joko Martoko, A. Haris","doi":"10.59653/jplls.v1i01.6","DOIUrl":"https://doi.org/10.59653/jplls.v1i01.6","url":null,"abstract":"The decision to choose childfree in household life cannot be separated from the role of husband and wife. The method used in this research is qualitative, with a comparative approach, namely comparing two points of view, namely according to classical and contemporary Islamic scholars. While the type of research used is Library Research, in the sense that all data sources come from written materials related to the topics discussed. The results of the research show that the classical ulema’s do not forbid a husband and wife who agree not to have children (offspring). Because this is confirmed by 'Azl, which is legally permitted by Imam Ghazali, as well as contemporary scholars also allow it if husband and wife agree because of certain benefits. So childfree is not included in the prohibited acts, because every married couple has the right to plan and manage household life including having children.","PeriodicalId":431410,"journal":{"name":"Journal of Progressive Law and Legal Studies","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130721372","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":"Application of Indonesian National Standard (SNI) on Helmets of Two-Wheeled Motor Vehicle Riders: Consumer Rights and Obligations of Business Actors","authors":"Christopher Panal Lumban Gaol","doi":"10.59653/jplls.v1i01.31","DOIUrl":"https://doi.org/10.59653/jplls.v1i01.31","url":null,"abstract":"This paper discusses the application of the Indonesian National Standard (SNI) on two-wheeled motorized vehicle helmets and its implications for consumer rights and obligations of business actors. Based on the Regulation of the Minister of Industry of the Republic of Indonesia Number: 79/M-IND/PER/9/2015, SNI for helmets of two-wheeled motorized vehicle riders is compulsorily enforced. Business actors who produce and/or import helmets must meet SNI requirements and have a product certificate using the SNI mark installed on the product. Consumers have rights protected by the Consumer Protection Law, including the right to comfort, security, and safety in consuming goods and/or services. They have the right to true, clear and honest information about helmet products, and have the right to raise opinions and complaints. If the helmet product does not comply with the agreement, the consumer is entitled to compensation and compensation. On the other hand, business actors have an obligation to provide true, clear, and honest information about the condition and guarantee of helmet products. They must treat consumers properly and honestly, as well as provide compensation, indemnity and replacement if the helmet product does not comply with the agreement. The Indonesian National Standard (SNI) for helmets of two-wheeled motorized vehicle riders, such as Helm SNI 1911:2007, specifies technical requirements related to materials, designs, and features that must be met by helmets. These requirements include materials that are strong, do not change by temperature changes, and do not cause irritation to the skin. The helmet design must also meet certain criteria, including height, ventilation, and bearing. Full face helmets and open face helmets have different technical requirements, such as ear protection, neck covers, shields, or chin caps for full face helmets, and hoods, protective linings, straps and more for open face helmets.In conclusion, this paper underlines the importance of applying SNI to two-wheeled motorized vehicle helmets to maintain product quality, safety, and comfort. Consumers have rights that must be protected, while business actors have the obligation to meet SNI requirements and provide good service to consumers. With SNI, it is hoped that two-wheeled motorized vehicle helmets on the market can meet the standards that have been set, so as to provide better protection for riders.","PeriodicalId":431410,"journal":{"name":"Journal of Progressive Law and Legal Studies","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130696185","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":"Legal Views on Menstrual Delays in Ramadhan","authors":"Rasya Mukhtar, Syarifah Ning, Cut Hasanah","doi":"10.59653/jplls.v1i01.7","DOIUrl":"https://doi.org/10.59653/jplls.v1i01.7","url":null,"abstract":"Fasting during Ramadan is obligatory for every Muslim/Muslimah who is mature, intelligent, clean from menstruation and childbirth for women, and who does not have a valid reason, such as travelers and sick. Meanwhile, menstruation is a natural process that occurs in every woman. With the current breakthroughs in medical science, drugs have emerged that can delay menstruation experienced by women, making it possible to carry out Ramadan fasting without obstacles. This type of research is library research (library research). With a historical approach. The data collection method is using a literature study, in which in this section the author will collect MUI fatwas and fiqh books on the topic being researched. Then read and trace the legal istinbath method. The results of the study show that the negative impact of this drug affects the body's work system, so its use in an inappropriate place is not recommended. While the positive impact on health, the authors assume there is no. Because this drug aims to block the natural cycle that occurs in women. Then the use of drugs that are not on target or used in the long term or made from inappropriate ingredients, will certainly have implications for the body. Meanwhile, Nash has not yet regulated the legal status of delaying menstruation. So ijtihad is needed in this case by looking at the benefits. If you delay your menstrual period using drugs, you will examine the side effects. If it causes harm to the body, it is better to avoid it. However, if it does not cause harm then it is permissible. As stated in the MUI fatwa No. 2 of 1979.","PeriodicalId":431410,"journal":{"name":"Journal of Progressive Law and Legal Studies","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125716767","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}