4 research outputs found

    Institutionalization of Islamic Law in Indonesia

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    This article discusses the institutionalization of Islamic law into national law in Indonesia. The aim is to analyze the possibility of incorporating Islamic Law into the national legal system. This desire is logical, considering that Muslims in Indonesia occupies the majority position (85%) and the community requires appropriate regulations sourced from the teachings of their religion. Based on the results of the 1979/80 BPHN legal review seminar, there are at least 3 (three) main things that could be done, namely; (1) making Islamic law one of the ingredients in the preparation of national law, (2) reviewing and updating national legal products originating from colonial law that is not following the elements of Islamic law. (3) coordinating new regulations which contain Islamic legal norms. This study finds the fact that not all provisions of Islamic law can be incorporated into national law. Only provisions of a civil nature and which are truly correlated with public order (public interest) can be adopted. Apart from that, the law is not only a legal product but also a political product. In other words, the configuration of legal politics in Indonesia shows a very close relationship with the political realm. Therefore, it is necessary to have a strong synergy between Muslim intellectuals and political actors.Keywords: Islamic law, legal politics in Indonesia, political configuration

    Analisa Hukum Pelepasan Hak Keperdataan Tanah Hak Milik Menjadi Hak Guna Bangunan Bagi Badan Usaha Melalui Pembebasan Serta Implikasinya Terhadap Daya Tarik Investasi

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    The juridical provisions governing the existence of land are contained in Law Number 5 of 1960 (UUPA). The land rights contained in the UUPA will give rise to civil rights for the community and business entities, namely through the transfer of property rights to building use rights. The method used in this study is the normative juridical method or legal research literature. The data used are primary and secondary data. The data were collected using library or document techniques and interviews. The data that has been obtained is then analyzed using a qualitative juridical method. The results showed that the implementation of the release of the original land rights followed by the determination of the granting of land rights from Property Rights into Building Use Rights. Business Entities will become unattractive to investors in investing in Indonesia if the obstacles do not get legal guarantees from the government, especially in the utilization and use of land with respect to the period of Building Use Rights with a certain time limit, which can be extended according to applicable regulations

    Reaktualisasi Nilai-Nilai Keislaman untuk Membangun Karakter Bangsa

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    Dialogues, is very important in building the character of Indonesian. From the The major citizens of Indonesia are Muslim, and even the biggest in the world. However, the phenomenon of conflict on behalf of religions and ethnics which resulted violence has been a big concern for this country. To solve that problem, we need to build the nation‐character of the Indonesians so that they have the sense‐ofnationalism. The question is how can the Islamic and Indonesian values build the nation‐character? Basically, the nation‐character can be established through moral value. This establishment can be built by two aspects: autonomy (education) and heteronomy (environment). Besides that, the empowerment of Indonesian values and views, which are the result of cultural and religion Islamic values, we need to establish and develop the characters from several aspects: physical, spiritual, emotional, and intellectual. The application of Indonesian and Islamic values will hopefully build effective and high nation‐characters

    Analisa Hukum Pelepasan Hak Keperdataan Tanah Hak Milik Menjadi Hak Guna Bangunan Bagi Badan Usaha melalui Pembebasan Serta Implikasinya terhadap Daya Tarik Investasi

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    The juridical provisions governing the existence of land are contained in Law Number 5 of 1960 (UUPA). The land rights contained in the UUPA will give rise to civil rights for the community and business entities, namely through the transfer of property rights to building use rights. The method used in this study is the normative juridical method or legal research literature. The data used are primary and secondary data. The data were collected using library or document techniques and interviews. The data that has been obtained is then analyzed using a qualitative juridical method. The results showed that the implementation of the release of the original land rights followed by the determination of the granting of land rights from Property Rights into Building Use Rights. Business Entities will become unattractive to investors in investing in Indonesia if the obstacles do not get legal guarantees from the government, especially in the utilization and use of land with respect to the period of Building Use Rights with a certain time limit, which can be extended according to applicable regulations
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