Jurnal Al-Dustur最新文献

ISLAMIC LAW AND BUGIS-MAKASSAR CULTURE: AN APPROACH TO ANTI-ILLEGAL GRATIFICATION 伊斯兰法与布吉斯-马卡萨文化：反非法满足的方法

Jurnal Al-Dustur Pub Date : 2024-06-05 DOI: 10.30863/aldustur.v7i1.6271

Andi Marlina, Andi Muliyono, Nurjanah Lahangatubun

{"title":"ISLAMIC LAW AND BUGIS-MAKASSAR CULTURE: AN APPROACH TO ANTI-ILLEGAL GRATIFICATION","authors":"Andi Marlina, Andi Muliyono, Nurjanah Lahangatubun","doi":"10.30863/aldustur.v7i1.6271","DOIUrl":"https://doi.org/10.30863/aldustur.v7i1.6271","url":null,"abstract":"The objective concerning Anti-Illegal Gratification in the Perspective of Islamic Law and the Culture of Bugis-Makassar Community is to provide a profound understanding of the practice of illegal gratification within the Bugis-Makassar cultural context and Islamic legal perspective. This discussion also aims to provide a strong foundation for formulating effective prevention strategies related to illegal gratification. By exploring the perspectives of Islamic law and the culture of the Bugis-Makassar community, this discussion is expected to contribute positively to efforts to prevent illegal gratification and corruption in the Bugis-Makassar community, as well as to strengthen awareness of the importance of integrity and honesty in social interactions. This research employs a meticulous and in-depth literature review method, combining various reference sources. It is hoped that this research will provide a comprehensive understanding of the issue of illegal gratification from the perspectives of Islamic law and the culture of the Bugis-Makassar community. From the findings of this research, it can be concluded that efforts to prevent illegal gratification from the perspective of Islamic law and the culture of the Bugis-Makassar community require a holistic approach that integrates local cultural values with Islamic legal principles. Concrete steps are needed to address existing challenges and strengthen social awareness of the importance of integrity and honesty in social interactions.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"54 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141381908","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

HOW ISLAMIC LAW IS CONSTRUCTED TO ADDRESS CONFLICT VULNERABILITY ON SOCIAL MEDIA 如何构建伊斯兰法以解决社交媒体上的冲突脆弱性问题

Jurnal Al-Dustur Pub Date : 2024-06-03 DOI: 10.30863/aldustur.v7i1.6019

Tarmizi Tarmizi, M. Misbahuddin, Kurniati Kurniati, Muhammad Imran

{"title":"HOW ISLAMIC LAW IS CONSTRUCTED TO ADDRESS CONFLICT VULNERABILITY ON SOCIAL MEDIA","authors":"Tarmizi Tarmizi, M. Misbahuddin, Kurniati Kurniati, Muhammad Imran","doi":"10.30863/aldustur.v7i1.6019","DOIUrl":"https://doi.org/10.30863/aldustur.v7i1.6019","url":null,"abstract":"The presence of social media which facilitates interaction and provides openness of information not only produces positive impacts, but there are also negative impacts, such conflicts between social media users. This research aims to analyze the causes of conflicts easily occurring on social media and their implications as well as the response of Islamic law in providing solutions to conflicts on social media. By gathering information from online news sources along with relevant research findings, this study was conducted in a literary style. The collected data was then descriptively examined utilizing an Islamic legal framework. This study discovered that publishing about SARA topics, miscommunication, sensitivity, the propagation of misleading information, and cyberbullying were the main causes of conflict on social media. The conflict that occurred resulted in the opening of space for conflict and violence offline, loss of trust between social media users and the disintegration of the nation through the spread of fake news or mutual arguments, which had implications for the breakdown of unity and diversity in society. The construction of Islamic law exists as a response to conflicts that occur on social media, including mutual respect for fellow social media users, prioritizing tabayyun before receiving or forwarding news, being moderate towards differences of opinion and grounding the concept of Islamic social values as a construction of Islamic legal thought in answering problems based on digitalization.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"37 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141389149","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 DYNAMICS OF APPLYING BOTH ISLAMIC AND CONVENTIONAL LAW IN THE INHERITANCE OF BANCEAUY CUSTOMARY VILLAGE 在 Banceauy 传统村落的继承中同时适用伊斯兰教法和传统法的动因

Jurnal Al-Dustur Pub Date : 2024-06-03 DOI: 10.30863/aldustur.v7i1.6187

Hazar Kusmayanti, Agus Suwandono

{"title":"THE DYNAMICS OF APPLYING BOTH ISLAMIC AND CONVENTIONAL LAW IN THE INHERITANCE OF BANCEAUY CUSTOMARY VILLAGE","authors":"Hazar Kusmayanti, Agus Suwandono","doi":"10.30863/aldustur.v7i1.6187","DOIUrl":"https://doi.org/10.30863/aldustur.v7i1.6187","url":null,"abstract":"Due to the existence of three distinct systems of inheritance law—civil heirship law, Islamic inheritor ship law, and customary inherited law—Indonesian inheritance law is still pluralistic. There are parallels and variances among the components of inheritance law because there are variations in the legal system governing such inheritance. Finding out how inheritance disputes are resolved in Banceuy Customary Village in relation to Islamic law is the aim of this study. This normative research approach employs descriptive analytical research specifications, which involve describing, analyzing, and putting into practice the relevant legal laws. Research indicates that, even though the indigenous communities in the Banceuy district of Subang are Islamic, the law of parental inheritance appears to apply to the indigenous village. However, the division of inherits appears to be dependent on the affinity system in place, as the group of heirs equally accounted for the relationship of relativity through the male and female lines. This division of inheritance falls under the category of the receptie theory, which was abandoned but held that Muslims are subject to Islamic law if it is accepted or mandated by customary law. The concept of equal inheritance division in the indigenous village of Banceuy, if linked to Islamic law, the author claims, originated from a cooperative agreement that was carried out successively so that it became a customary practice that was initially a disclaimer for the implementation of division of heritage religiously or disclaimed.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"113 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141388682","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

AUTHORITY OF CLASS I PENITENTIARIES BANDAR LAMPUNG AS A PUBLIC SERVICE IN HANDLING GLOBAL PANDEMIC 班达灯笼一级监狱作为处理全球大流行病的公共服务机构的权威性

Jurnal Al-Dustur Pub Date : 2023-12-02 DOI: 10.30863/aldustur.v6i2.3042

Alek Gromiko, Baharudin Baharudin, Rosita R

{"title":"AUTHORITY OF CLASS I PENITENTIARIES BANDAR LAMPUNG AS A PUBLIC SERVICE IN HANDLING GLOBAL PANDEMIC","authors":"Alek Gromiko, Baharudin Baharudin, Rosita R","doi":"10.30863/aldustur.v6i2.3042","DOIUrl":"https://doi.org/10.30863/aldustur.v6i2.3042","url":null,"abstract":"Prisons are closed places with high occupancy rates and are very vulnerable to the spread of Global Pandemic, so a policy from the government is needed to prevent the spread of Global Pandemic in the prison environment..This study uses a normative juridical approach and an empirical juridical approach. Collecting data by field studies and literature studies. Data analysis was carried out in a qualitative juridical manner, namely the analysis was carried out descriptively. Research results discussImplementing prison authoritiesis a Class I prison policy in Bandar Lampung which applies visitation restrictions for inmates in the form of online visits via Whatsapp media based on the instructions of the Director General of Corrections Number: PAS-08.OT.02.02 of 2020 concerning Prevention, Handling, Control and Recovery of Corona Virus Disease (Global Pandemic) at the Correctional Technical Implementation Unit. The inhibiting factor consists of interference with the internet connection at the destination number. is a network problem that is used for online visitation services with the Correctional Database System and does not yet have a special network with the Correctional Database System and the current factor of facilities for video call services is still very lacking, because when conditions are crowded the queues of inmates to be able to use online visit services are sufficient long.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"114 13","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138607280","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 ACCURACY OF QIBLA DIRECTION OF CEMETERIES USING MODERN QIBLA TOOLS 利用现代朝拜工具确定墓地朝拜方向的准确性

Jurnal Al-Dustur Pub Date : 2023-12-02 DOI: 10.30863/aldustur.v6i2.4800

Suriah Pebriyani Jasmin, Ashar Anas, Muspita Sari, Muh. Fadli Mangenre, LD Dian Hidayat S.

{"title":"THE ACCURACY OF QIBLA DIRECTION OF CEMETERIES USING MODERN QIBLA TOOLS","authors":"Suriah Pebriyani Jasmin, Ashar Anas, Muspita Sari, Muh. Fadli Mangenre, LD Dian Hidayat S.","doi":"10.30863/aldustur.v6i2.4800","DOIUrl":"https://doi.org/10.30863/aldustur.v6i2.4800","url":null,"abstract":"It is important to determine the Qibla direction accurately, because it is a requirement for the validity of prayer and this article discusses the Qibla direction of cemeteries, especially in Bone District, by taking direct measurement at the location of the cemetery. This is a field research which is oriented to several cemeteries in Bone District using qualitative descriptive analysis and multi-approaches, namely normative theological, sociological, historical, and modern technological approaches. The data collected through this research were obtained from direct observation at several public cemeteries in Bone District and documentation during the observation. The results show that the direction of the cemeteries at the research sites is different, so it can be concluded that the measurement of the Qibla direction at these locations still uses the classical method, such as following the direction where the sun sets in the evening and looking for clues through the stars at night to determine the Qibla direction, although those methods are still just an estimate due to the lack of public understanding of measuring the Qibla direction. From this research, the researchers hope that people will understand more about the Qibla direction, not only based on the place where the sun sets, but also determine the Qibla using astronomical tools, both manual and modern. In this way, the astronomical science will further develop and the issue of Qibla will no longer be a matter of debate, because it uses proper knowledge.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"84 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138606315","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

IMPLEMENTATION OF THE PRINCIPLE OF “KNOWING THE CUSTOMER” IN GRANTING HOME OWNERSHIP LOANS AT BANK BTN CABANG SURABAYA 泗水卡邦银行在发放自置居所贷款时执行 "了解客户 "原则的情况

Jurnal Al-Dustur Pub Date : 2023-12-02 DOI: 10.30863/aldustur.v6i2.4188

Sri Maharani M.T.V.M., Pambudi Tri Laksono

{"title":"IMPLEMENTATION OF THE PRINCIPLE OF “KNOWING THE CUSTOMER” IN GRANTING HOME OWNERSHIP LOANS AT BANK BTN CABANG SURABAYA","authors":"Sri Maharani M.T.V.M., Pambudi Tri Laksono","doi":"10.30863/aldustur.v6i2.4188","DOIUrl":"https://doi.org/10.30863/aldustur.v6i2.4188","url":null,"abstract":"This research discusses the implementation of Know Your Customer Principles in granting home ownership loans at BTN Bank Surabaya Branch. This research uses a type of empirical juridical method that is data analysis and starting from primary data. Sources of data obtained through interviews with the Loan Officer / Consumer Lending Unit Staff at Bank BTN Cabang Surabaya, legislation, dictionaries, books that are still valid. Data collection methods using interviews and literature studies. The data analysis method uses a qualitative approach. The results and discussion of the research can be concluded that the implementation of the principle of knowing the customer in granting home ownership loans at Bank BTN Cabang Surabaya is basically in accordance with the basic provisions of Bank Indonesia Regulation 5/21 / PBI / 2003 on Amendments to Bank Indonesia Regulation 3 / PBI / 2001 concerning Implementation of the Know Your Customer Principle, but on the other hand there are still frequent defaults in granting home ownership loans caused by customers who was not trustworthy, based on data in 2018, 2019, 2020, 2021 and 2022 as many as 519 customers have defaulted. Thus, if defaults continue to occur in the health of the bank decreases and suffers losses, therefore things can be done with 2 (two) legal protections, namely preventive law and reprensive law. This settlement is carried out by non-litigation and litigation channels that seek to resolve problem loans so that the bank continues to run its business without being constrained and the bank can open its newest products.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"86 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138606133","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

LEGAL RECONSTRUCTION OF INHERITED RICE FIELD MANAGEMENT RIGHTS IN BONE, SOUTH SULAWESI 南苏拉威西骨县继承稻田经营权的法律重构

Jurnal Al-Dustur Pub Date : 2023-10-28 DOI: 10.30863/aldustur.v6i2.5141

Nur Paikah, Marjana Fahri

引用次数: 0

THE INDEPENDENT STATE COMMISSION IN INDONESIA: A COMPARATIVE REVIEW OF ITS INSTITUTIONAL ASPECTS 印度尼西亚独立国家委员会:对其体制方面的比较审查

Jurnal Al-Dustur Pub Date : 2023-08-24 DOI: 10.30863/aldustur.v6i2.4942

Rizki Ramadani, Muhammad Ya'rif Arifin

{"title":"THE INDEPENDENT STATE COMMISSION IN INDONESIA: A COMPARATIVE REVIEW OF ITS INSTITUTIONAL ASPECTS","authors":"Rizki Ramadani, Muhammad Ya'rif Arifin","doi":"10.30863/aldustur.v6i2.4942","DOIUrl":"https://doi.org/10.30863/aldustur.v6i2.4942","url":null,"abstract":"The establishment of the Independent State Commission and other non-structural institutions was one of the alterations in the structure of the Indonesian constitution during the transition era and after the 1945 Constitution was amended. It is not uncommon for these Commissions to face criticism and controversy due to their autonomous authority and independence from the major branches of power. The objective of this research is to examine and describe the primary traits of such an institution in order for it to be recognized as an Independent State Commission by comparing it to the concept and best practices in the United States. As well as to justify the legitimacy of its position within the Indonesian constitutional framework. As a doctrinal legal research, this study uses a conceptual and legal comparative approach to secondary data presented in a descriptive-analytical manner. The findings revealed that the independent State Commission's two key characteristics were its independence from the executive organs and its autonomous-regulatory power. In terms of legal position, the classical trias politica perspectives need be modified as the Independent State Commission is now viewed as a new branch of government under a new separation of powers framework.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135520999","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

CRIMINAL ACCOUNTABILITY FOR BENEFICIAL OWNERSHIP OF CORPORATIONS IN THE CRIME OF MONEY LAUNDERING IN INDONESIA 印尼洗钱犯罪中公司受益所有人的刑事问责

Jurnal Al-Dustur Pub Date : 2023-06-25 DOI: 10.30863/aldustur.v6i1.4684

Achmad Khozin Baharudin, A. Kartika

{"title":"CRIMINAL ACCOUNTABILITY FOR BENEFICIAL OWNERSHIP OF CORPORATIONS IN THE CRIME OF MONEY LAUNDERING IN INDONESIA","authors":"Achmad Khozin Baharudin, A. Kartika","doi":"10.30863/aldustur.v6i1.4684","DOIUrl":"https://doi.org/10.30863/aldustur.v6i1.4684","url":null,"abstract":"The development of economic globalization in a country requires a role and strengthening in order to synergize commitments through predetermined steps to harmonize economic stability and is expected to be able to face the country's economic crisis. Beneficial Ownership (BO) has the opportunity to commit a criminal act of money laundering through nominee mode so that the original identity is not known by placing dirty assets in the form of shares in the corporation so that the corporation acts as a vehicle for the crime. This research is conducted through the normative juridical method. Research using library materials by examining a legal regulation, doctrine from experts, or theories that intersect with the subject matter of discussion. The results showed that the form of responsibility looks at who is related to money laundering. The theory of corporate liability is included in limited liability. In principle, limited liability is intended for legal subjects in corporations that commit criminal acts regardless of the mistakes made but meet the elements of the Article in criminal law. Because the position of beneficial ownership is not yet effective and is still gray in the corporation, in beneficial ownership criminal liability uses strict liability, which is the punishment of criminals on the condition of considering the criminal acts committed with the rules of criminal imposition (legality) without seeing the inner attitude of the perpetrator.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128835766","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

CONTROVERSY ON COMMUNITY ASSESSMENTS TO TRADITIONAL MEDICINE OF IDA DAYAK FROM THE ANALYSIS OF TAFSIR AL-AHKAM 从tafsir al-ahkam的分析看IDA dayak传统医学社区评价的争议

Jurnal Al-Dustur Pub Date : 2023-06-21 DOI: 10.30863/aldustur.v6i1.3965

Ruslan Sangaji

{"title":"CONTROVERSY ON COMMUNITY ASSESSMENTS TO TRADITIONAL MEDICINE OF IDA DAYAK FROM THE ANALYSIS OF TAFSIR AL-AHKAM","authors":"Ruslan Sangaji","doi":"10.30863/aldustur.v6i1.3965","DOIUrl":"https://doi.org/10.30863/aldustur.v6i1.3965","url":null,"abstract":"This paper aims to examine how the analysis of tafsīr al-ahkām of the controversy over the community's assessment of traditional healing techniques in the style of Ida Dayak medicine. This research is included in the type of qualitative research that is deductive in nature. The data collected comes from library data which comes from books, articles and online data. The data is presented in the form of a description. The chosen research target was the style or technique of treatment which gave birth to controversy in the community which was conducted by Ida Dayak. Data and information about Ida Dayak were obtained through online sources. Ida Dayak's treatment system as viral through social media has drawn controversy because it has unique methods and techniques. Its uniqueness is reflected in the visualization of Mrs. Ida's movements which reflect the typical dance coupled with traditional Dayak women's costumes. Ida Dayak uses Allah's name in the healing process by saying basmalah, and according to Islamic theology, believes that He is the Great Healer. In the perspective of Islamic law, treatment that does not carry elements of shirk, according to Islamic law, the treatment is valid. The healing that was produced through traditional medical techniques was born from a form of endeavor for both Ida's mother and the patient. The Indonesian government has supported the traditional medicine system through a number of regulations in creating healthy human beings.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125541322","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