29 research outputs found

    Legal Method for Determining the Beginning of the Month of Ramadhan and Other Months According to the Rules of Hisab and Ru’yatul Hilal in Islamic Astronomy

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    Determining the start of the months of Ramadhan and Shawwal in the Hijriyah calendar is similar to determining the start of other months, such as Sha'ban and others. However, determining the start of the months of Ramadhan and Shawwal is of great concern to Muslims because these two months have very special practices for Muslims. Obligatory fasting, which is observed once a year, is observed during the month of Ramadhan. Meanwhile, the Eid al-Fitr holiday, which falls at the beginning of the month of Shawwal, is also an important moment for Muslims. This research aims to determine the general method for determining the beginning of the months of Ramadhan and Shawwal, namely reckoning and Ru’yahul Hilal or ru’yah. The reckoning method is a method used to determine the start of fasting using mathematical and astronomical calculations. Meanwhile, ru’yah is a method of determining the start of Ramadhan and Shawwal based on observations of the moon. With this method, the crescent moon will be observed at sunset with the naked eye or optical aids such as a telescope. This type of research is empirical research and the research specifications in writing this thesis are descriptive which aims to explain the legal determination of the beginning of the month of Ramadhan and other months according to the Hisab & Ru’yahul Hilal method in Islamic Astronomy (Falak). The main data sources used in this research are secondary data in the form of; Primary Legal Materials; Secondary Legal Materials; and Non-Legal Materials (Tertiary). The results of the research show that there is a close relationship and complementary interrelationship in the hisab and Ru’yahul Hilal or ru’yah methods used in each of the major Islamic organizations which are the reference for the Ministry of Religion of the Republic of Indonesia in deciding laws which are an option for the community when there are differences. Because difference is a blessing

    LAW DEVELOPMENT OF WAQF AL-NUQUD (CASH WAQF) TOWARDS ELECTRONIC WAQF (E-WAQF) BASED ON PUBLIC WELFARE

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    The modern era is identified with the era of the digital society. Every human activity will be driven through a series of digital technology. For example everything is electronic through the identification number Electronic Identity Card (E-ID), Card payment toll road electronic (E-Toll), ATM, PIN (Personal Identification number), etc. all using the digital system. No exception waqf management innovation has also been happening in Islamic countries including Kuwait, Qatar, Emirates, Jordan, Saudi Arabia, Egypt, Turkey, Bangladesh, Malaysia, Singapore, and even Europe and America. Among the endowments with a paradigm shift arrangements progressive approach fairly fundamental law, among others, first, in the case of an asset in waqf no longer confined to immovable property, but also against movable property. Evidence used to reinforce this view, as formulated in Article 16 Paragraph (1) of Law No. 41 of 2004 on endowments, which reads “ treasure be in waqf is immovable and moving objects”. This article aims to make an overview on the developing of law on waqf al-nuqud towards electronic waqf (e-waqf) to realize the public welfare.Keywords: Law Development; Waqf Al-nuqud; E-Waqf; Welfare

    Doctor's Constributions in Transportation Monitoring During COVID-19 Pandemic

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    The COVID-19 pandemic is a problem faced by almost all countries in the world including Indonesia. Transportation sector actors are amongst those vulnerable to the impact of COVID-19. This study analyses the application of health protocols carried out by people using transportation facilities during the pandemic. The method used is qualitative analysis with exploratory steps with participatory observation techniques. The results show that the awareness of some people about the COVID-19 pandemic has not paid much attention to its impact, so that in this case the role of doctors in monitoring transportation is very important. Namely by socializing transportation service users by implementing health protocol efforts including wearing masks, avoiding shaking hands and washing hands with soap, and so on. The impact of the pandemic on transportation services has decreased. Keywords: COVID-19 Pandemic, Transportation, Role of Doctors, Health Protocol

    SYSTEMS AND POLITICAL DEVELOPMENT IN MALAYSIA

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    Malaysia is a country in Southeast Asia with an area of 329 758 km2 and a population in 2007 amounted to 27.17 million. Of the total population in 2007, 60% are ethnic Malay “Bumiputera”, 26% ethnic Chinese, 8% Indians, 5% other ethnic Bumiputera, and 1% other ethnic groups such as Arabic, Sinhalese, Eurasian and Europe.[1] Under the constitution, Malays are Malaysian citizens who practice a traditional Malay, Melayu Language, and Muslim. Approximately 25% of the Malaysian population is Chinese, and 7% is made up of India. Almost 85% of the races Indians in Malaysia are Tamil community. More than half the population of Sarawak and Sabah 66% of the population consists of non-Malay indigenous people. The entry of another race to some extent reduce the percentage of indigenous population in the two states. In addition, Malaysia also has a population that comes out of Europe and the Middle East. Malaysia's population density is not distributed evenly, with 17 million of the 25 million people living in Peninsula Malaysia

    Legal Principles Under Criminal Law in Indonesia Dan Thailand

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    The principle of legality is known in modern criminal law emerge from the scope of sociological Enlightenment doctrine that exalts the protection of people from abuse of power. Before coming Age of Enlightenment, the power to punish even without any regulations first. At that time, tastes kekuasaanlah most right to determine whether an act to be punished or not. To combat that, exists the principle of legality which is an important instrument of the protection of individual liberties in the face of the country. Thus, what is called the action that can be put into a regulatory authority, not power. According to legal experts, the roots of the idea of the principle of legality is derived from the provisions of Article 39 of the Magna Carta (1215) in the United Kingdom which ensure the protection of people from arrest, detention, seizure, disposal, and release of a person from the protection of the law / legislation, unless there is a judicial decision legitimate. This provision is followed Habeas Corpus Act (1679) in the UK that requires someone who is arrested is checked in a short time. This idea inspired the emergence of one of the provisions in the Declaration of Independence (1776) in the United States that says, no one should be prosecuted or arrested in addition to, and because of the actions set out in, legislation.Keywords: Principle of Legality; Criminal law; Indonesia; Thailand

    The Shura Concept of Government in the View of Islam and Democracy

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    This paper aims to briefly describe shura and will culminate in explaining the differences between shura and democracy which are products of secularism. This study uses a juridical theoretical approach by analyzing various kinds of literature, both Islamic literature and other documents about the concept of Majlis Shura and Democracy. The primary materials are in the form of Al-Qur'an and Sunnah Studies and the book Asy Shura fi al-Kitab wa as-Sunnah wa 'inda Ulama al-Muslimin by Prof. Dr. Muhammad bin Ahmad bin Salih ash-Salih. Then analyzed by reducing the data then concluded. The results of this study explain the basic concept of Shura in Islam, the urgency of the concept of Shura and the conditions for becoming a member of Shura and the similarities and differences between the concept of sura and democracy. The conclusion of this study is that shura and democracy are not the same, because shura is a method that originates from Rabb al-Basyar (Rabb of mankind), namely Allah, while democracy is the fruit of thought from weak humans which of course cannot be separated from deficiencies

    ISM-CODE AS A LEGAL PROTECTION OF USE SHIPS ARE NOT CONFORT WITH MARINE STANDARD IN INDONESIA

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    Transportation in general in Indonesia is facing many challenges, but all possibilities that will occur can be anticipated by structuring a more resilient national transportation system. This study aims to determine and understand the application of the ISM-Code to be used as legal protection from the use of ships that are not of marine standards. The research method used is the normative research method, which is a legal writing method that aims to obtain library legal materials by collecting and analyzing legal materials related to the problem. The results of this study are, first. In the application of the ISM-Code it is used as a legal protection from the use of ships that are not standard marine standards. There are still many shipping companies that issue policies that are not standard ISM-Code or do not meet the elements of Article 9 of the Minister of Transportation Number 45 of 2012 concerning Ship Safety Management Systems. And secondly the ISM-Code Required as Legal protection from the use of ships that do not meet maritime standards is the form of legal protection contained in the ISM-Code

    ILLEGAL LAND GRAB: ISRAEL'S SEIZURE OF LAND IN PALESTINE

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    Since 1967, each Israeli government has invested significant resources in establishing and expanding the settlements in the Occupied Territories, both in terms of the area of land they occupy and in terms of population. As a result of this policy, approximately 380,000 Israeli citizens now live on the settlements on the West Bank, including those established in East Jerusalem (this report does not relate to the settlements in the Gaza Strip). During the first decade following the occupation, the Ma'arach governments operated on the basis of the Alon Plan, which advocated the establishment of settlements in areas perceived as having "security importance," and where the Palestinian population was sparse (the Jordan Valley, parts of the Hebron Mountains and Greater Jerusalem). After the Likud came to power in 1977, the government began to establish settlements throughout the West Bank, particularly in areas close to the main Palestinian population centers along the central mountain ridge and in western Samaria. This policy was based on both security and ideological considerations. The political process between Israel and the Palestinians did not impede settlement activities, which continued under the Labor government of Yitzhak Rabin (1992-1996) and all subsequent governments. These governments built thousands of new housing units, claiming that this was necessary to meet the "natural growth" of the existing population. As a result, between 1993 and 2000 the number of settlers on the West Bank (excluding East Jerusalem) increased by almost 100 percent

    LEGAL PROTECTION FOR DOCTOR AND MEDICAL STAFF IN THE PANDEMIC PERIOD OF COVID-19 (An Overview of Indonesia from International Perspective)

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    When first announced as a global pandemic on March 11 by WHO the number of infections worldwide has reached more than 121,000. Instead of Indonesia still feeling safe from a virus outbreak that has paralyzed some countries in the world, President Joko Widodo in early March, who had put the population in a comfort zone, had to admit defeat with a co-19 case report caused by the virus SARS-Cov-2 or better known as the Corona virus. Even with the dynamism of existing data, these predictions can change. This data is certainly not to create panic in the community, but rather to make people aware and provide an overview for the government in handling it. Namely comprehensive handling, especially to prevent wider spread so that the number of infections can be suppressed. In addition, legal certainty is an important instrument in ensuring the safety of health workers so that the government cannot take arbitrary actions against the assignment of health workers. Especially if you look at the legislation regarding health workers, it seems that no one has yet regulated the guarantee of legal certainty for health workers even though Law Number 36 of 2014 concerning Health Workers is already in place. Therefore the Government needs to issue implementing regulations and technical guidelines for the Health Workforce Law and other laws governing legal protection and work safety for health workers. In line with this, Chairman of the Indonesian Lung Doctors Association AgusDwi Susanto, announced that the number of lung specialist doctors is limited, this must be sought by the government with further grouping of funds so that the number of cases of infection does not overwhelm health workers, this is done to break the chain of viral circulation with the help of partially quarantine and social procurement

    ADOPTED FOREIGNERS INHERITANCE BY INDONESIAN CITIZEN

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    Adoption is a legal act which distract a child from the environment of its parents, legal guardian, or other person responsible for the care, education and parenting, into a family environment with foster parents. It lawful both adoptions between Indonesian citizens and adoption among Indonesian citizens and foreigners. However, what legal consequences arising from the removal of the child? Is the adopted child could inherit from their foster parents or not? Or is there a way to pass down inheritance to adopted child who allowed the legislation? Therefore, this article will discuss
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