12 research outputs found

    Tinjauan Hukum Islam Terhadap Penyelenggaraan Jaminan Sosial Kesehatan Nasional

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    One of the events of muamalah that does not have legal status in the Qur'an or al-Hadith is the practice of insurance operations. In the practice of operationalization of insurance there is a goal for the main seek for profit and the main social goals. Judging from the main purpose, then the insurance is divided into commercial insurance and social insurance. Social insurance or Government insurance is usually carried out by a public legal entity owned by the Government. One of the government's insurance is BPJS Health. The practice of BPJS Health in its opera- tion was reaping public polemic at the beginning of operation. One of his polemics is related to the existence of elements of gara>r, maisi>r and usury in practice. The purpose of this research is to know and analyze the operationalization of BPJS Health in the review of Islamic law as well as to know its akad in review of sharia economic law. This research is a qualitative research with normative approach, while the data used are in the form of legislation and some normative rules related to the implementation of social health insurance as well as some libraries relating to the implementation of social health insurance. The type of insurance operated by BPJS Health is social insurance. Social insurance is a new thing in muamalah, so to set it necessary use of ijtihad and qiya> s. Social insurance in BPJS Health in general is in accordance with the principles of Islamic law. Social insurance used by BPJS Health in terms of contract is also still in accordance with the principles of sharia economic law. The implementation of social health insurance is very closely related to the ethos of mutual cooperation which is the implementation of ta'a>wun towards virtue

    Pedoman Penyelenggaraan Peradilan Perdamaian Adat di Aceh

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    ABSTRACT: Customary law of Aceh has a number of legal principles such as acceptable, accountability, non-discrimination/equality before the law; accessible to the public, win-win solution, consensus, transparency, competent, and presumption of innocence. The principles are not only found in Adat Law of Aceh but also in other civilized legal systems in the world. In practice, the principles are applied strictly (see the case of Sultan Iskandar Muda). Adat guidelines or legal procedure of Adat is badly needed by informal justice providers in order to have legal certainty. There are some reasons why the guide line is necessary; (1) during new order (35 years) central government denied the existence of adat law, (2) during the conflict era (30 years) Acehnese did not have enough opportunity to practice their customary law, and (3) most of you people today are head of village  and they do not have enough knowledge and experience on guide line of adat.   The Application Guideline of Informal Justice in Ace

    Pengaruh Kevakuman Jabatan Majelis Pengawas Wilayah Notaris terhadap Efektivitas Pembinaan dan Pengawasan Notaris di Aceh

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    Article 72 of Law No.30 of 2004 concerning to the Position of a Notary, as amended by Law Number 2 of 2014 concerning to Amendments to Law No.30 of 2004 concerning to the position of a Notary (hereinafter referred to as the Law on Notary Position and abbreviated as UUJN), states that the duration of position for the Notary Regional Supervisory Council (MPWN) are 3 (three) years, but the duration of notary for the Aceh MPWN, which on 27 September 2020 has alredy turned 3 (three) years, turns out that until 19 May 2021 there has been no replacement for a new MPWN. As a result, there has been a vacuum in the Aceh MPWN for 7.2 months. So it would be interesting if a scientific study was carried out on the effect of the MPWN's vacuum on the effectiveness of the guidance and supervision of Notaries in Aceh. This type of research is included in empirical legal research. The primary data was obtained through field research, by conducting interviews with respondents and several informants. The results of the study revealed that when the Aceh MPWN was vacuumed, there were 2 (two) MPDN recommendations with 2 (two) Notaries indicating violations of the UUJN and/or the Notary Code of Ethics, namely the MPDN for Banda Aceh Municipality and Aceh Besar District. However, due to the vacuum of the Aceh MPWN and its members having been retired, the Aceh MPWN is not authorized to handle and follow up on the recommendations of the two MPDN. The legal consequence is that the guidance and supervision of Notaries is not carried out effectively

    Hukum internasional

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    Management Authority of Oil and Gas Resources in Aceh Territory After Signing the Government Regulation Number 23 Year 2015

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    The oil and gas industry in Indonesia has been started since 1871 by Royal Dutch Shell. Meanwhile, the oil and gas industry in Aceh began in 1971 which was marked by the discovery of the Arun oil and gas fields. At that time, the management of oil and gas is done centrally by not involving the Government of Aceh as a regional producer. This led to armed conflict between the Government of Indonesia and the Free Aceh Movement and prolonged conflict (for 32 years) ended with the approval of the joint oil and gas management pattern found in the territory of Aceh as stipulated in the MoU Helsinki on August 15 2005, Law No. 11 of 2006 concerning the Government of Aceh and Government Regulation No. 23 of 2015 concerning Joint Management of Oil and Gas in Aceh. In order to finalize joint oil and gas management in Aceh, universities, especially the Faculty of Law, need to immediately prepare human resources who are competent in the oil and gas and energy law so that they are skilled at negotiating and drafting a Production Sharing Contracts (PSC) for oil and gas or Kontrak Bagi Hasil (KBH). For this purpose, law faculties need to immediately incorporate oil and gas and energy law courses into their curriculum

    Arrangements and Stages of Implementation of Land Acquisition for Development for Public Interests

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    From a formal legal perspective, the term land expropriation is recognized for the first time since Presidential Decree (Keppres) No.55 of 1993 on the acquisition of land for public interest development. This follows from Home Secretary's Order No. 15 of 1975 on the Procedural Regulations for the Liberation of Land (PMDN) which used the term "Land Liberation". With the entry into force of Law No. 2 of 2012, the term "land acquisition" is used. Several presidential decrees (Perpres) were issued to implement the Land Acquisition Act. Therefore, in order to understand in depth about the issue of land acquisition, it is necessary to explain how the arrangements and stages of land acquisition for the implementation of development in the public interest are necessary
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