Ithbāt Ṭalāq: An Offer of Legal Solutions to Illegal Divorce in Indonesia

The dispute between Islamic law and positive law is continuously ongoing regarding the practice of illegal divorce. This practice is valid in Islamic law as long as the conditions and pillars are fulfilled. However, in Islamic law, it is considered a violation of marriage norms. The urgency of this study lies in the discourse of ithbāt ṭalāq to bridge the rise of illegal divorce in society. Through a literature review with a juridical approach to finding a legal basis for a case in concreto, this article shows that ithbāt ṭalāq functions as an instrument that can solve disputes between Islamic law and positive law. Through this instrument, husbands who force divorce out of court can be considered criminal actors who must be given sanctions in the form of ta'zīr (fine)

Ithbāt Ṭalāq: An Offer of Legal Solutions to Illegal Divorce in Indonesia

The dispute between Islamic law and positive law is continuously ongoing regarding the practice of illegal divorce. This practice is valid in Islamic law as long as the conditions and pillars are fulfilled. However, in Islamic law, it is considered a violation of marriage norms. The urgency of this study lies in the discourse of ithbāt ṭalāq to bridge the rise of illegal divorce in society. Through a literature review with a juridical approach to finding a legal basis for a case in concreto, this article shows that ithbāt ṭalāq functions as an instrument that can solve disputes between Islamic law and positive law. Through this instrument, husbands who force divorce out of court can be considered criminal actors who must be given sanctions in the form of ta'zīr (fine)

THE QUO VADIS OF BANCKRUPTY SETTLEMENT AND PKPU LAWS ON SHARIA BANKING

Normatively, based on the decision of the Constitutional Court No. 93/PUU/X/2012 the settlement of Islamic economic disputes becomes the absolute competence of the Religious Courts. However, at the empirical level, there are still sharia economic disputes which are still decided by the Commercial Court (general), namely bankruptcy cases and PKPU on the sharia bank. This paper focuses on three things, first, what causes these cases to remain under the authority of the Commercial Court, secondly, what are the legal consequences if the case is resolved through the Commercial Court and how the legal arguments about the competence of the Religious Courts in bankruptcy cases and PKPU on sharia bank. This research method is normative law by examining a set of legal materials related to bankruptcy and PKPU. The analysis used is synchronization of the norms of Law No. 37 of 2008 and PERMA No. 2 of 2008. The results of the study found that the cause of the case is still handled by the Commercial Court because of a conflict of norms between the Bankruptcy Act and PERMA regarding KHES which still has not been finalized, the conditions legal vacuum regarding bankruptcy based on the sharia contract and the existence of the KMA letter regarding the instruction for the implementation of book II. Legal consequences if the case is dealt with by the Pengadian Niaga there will be coercion on the substance of sharia economic law into conventional economic law, not in sync between the settlement of the dispute with the contract and the concept of solving the case prioritizing business principles and business competition rather than substantive justice. Based on the theory of authority and the principle of the lex specialist, it was found the conclusion that bankruptcy cases and PKPU based on the absolute sharia contract became the absolute competence of the Religious Courts

MULTI LEVEL MARKETING DALAM KAJIAN FIQH MUAMALAH

Rampant fraud masquerading as MLM, make this business less sympathetic received from the public. One way to distinguish between MLM and Money game is to see whether a business development company that has been listed by the DSA (APLI) or not. In the system, MLM is a network that works in stages by utilizing the results of the sales turnover of not recruiting members. Bonus received was the work of members who have successfully marketed the product to others. Enterprise as the system has set bonuses and rewards for members who successfully achieve sales target at certain levels and indeed the achievement of these targets is a motivation for other members to work hard to market their products. The basic concept, how the system works and products/services are marketed throughout the engagement does not conflict with the principles of Islam is deemed valid and should be developed for the benefit of mankind

Testing the spatial auto-regression (SAR) model on Indonesia's regional economy

Indonesia's regional economy that is proxy by using Gross Regional Domestic Product (GRDP) per capita to form clusters is investigated. Besides, by using the Spatial Auto-regression (SAR) model, the effect of household consumption in a region to the surrounding area's economy is examined. The study on this topic is rather limited, especially in the regional economic development of the country. Furthermore, Indonesia is a heterogeneous country, and its consequence is that development policy should consider the geographic characteristics of the country. The results show that there are regional economy clusters in Java, Kalimantan, Sulawesi, and Sumatra. In contrast, household consumption in a region has a weak influence on the economy in the surrounding area

ANALISA KERUSAKAN PERKERASAN JALAN MENURUT METODE BINA MARGA DAN PCI ( PAVEMENT CONDITION INDEX ) SERTA ALTERNATIF PENANGANANNYA ( STUDI KASUS RUAS JALAN KOTA BANGUN – GUSIK )

Kota Bangun-Gusik Road is a national road link between East Kalimantan and Central Kalimantan, so that it becomes a land transportation infrastructure that includes all parts of the road, including complementary buildings and equipment intended for traffic, which is above ground level, below ground level or water. The 30 km long Bangun-Gusik Kaltim City Road section suffered significant damage, both minor damage, moderate damage and severe damage to some of these roads. The purpose of this study was to determine the type and extent of damage to the road surface, and provide measures to repair road damage based on the level and type of damage that occurred. The stages of analysis in writing this thesis are by conducting an LHR survey, visual survey at the research location, determining the type and level of damage and measuring the dimensions of damage which includes the length, width and damage that occurs, calculating the area of damage, analyzing the surface damage conditions of the Build City Road - Gusik by calculating the PCI value and the overall Road Condition value using the Pavement Condition Index (PCI) method and the Bina Marga (1990) method. The results of the analysis based on the data obtained from the field survey indicate that the value of the road conditions or ratting given by Pavement Condition Index (PCI) is 59.91 for the overall average based on the ratting value of PCI between 56 to 70 in Good and value conditions given by Bina Marga amounting to 7.91 based on Bina Marga's priority value between 7 to 10, routine maintenance is carried out

MENGONTROL MORAL HAZARD NASABAH MELALUI INSTRUMEN TA’ZIR DAN TA’WIDH

Ta'zir and Ta'widh are the two preventive instruments that are born to anticipate moral hazard by the customer against the contract agreement made with the banking. Ta'zir represents a number of penalties stipulated at the start of the contract, definite and designated as a social fund. While Ta'widh in the form of compensation set by the bank, not specified at the beginning of the contract but calculated based on the instantaneous losses experienced by banks and these funds entered as a fee and income bank. Ta'zir provisions get legal legality based on fatwa number 17/DSN-MUI/IX/2000 while Ta'widh based on fatwa number 43/ DSN-MUI/VIII/2004. Both of these instruments aim to discipline customers in order to meet the promised achievements. However, when customers experience a state of overmatch (Force Majoer) these two instruments can not be applied because it is contrary to the principle of Masyaqqat contained in Islamic law

PERAN KOMPETENSI DALAM MENINGKATKAN KINERJA PEGAWAI BAGIAN SOSIAL SEKRETARIAT DAERAH KABUPATEN KUTAI TIMUR

The purpose of this article is to analyse about the competency’s role in order to enhance employee performance at Social Department of East Kutai. The result shows that employee performance did not too optimal, but they are still produce good work achievement. The lack of performance quality is caused by less compentency.

Pola Komunikasi Badan Penanggulangan Bencana Daerah Provinsi Riau dalam Mencegah dan Menanggulangi Bencana Asap di Riau

Regional Disaster Management Agency (BPBD) Riau Province is a government agency established to disaster areas. As a government organization is certainly very necessary implementing communication patterns. Patterns of communication necessary for communication and Opera delivered the leadership can be accepted and understood subordinates. Delivering a message intended synergy of communication with the good cooperation so terapai goal of disaster management smog. This study aims to determine patterns of communication Regional Disaster Management Agency of Riau Province in disaster prevention and responses smoke in Riau.This study used a qualitative method with descriptive approach. This research is located in the Regional Disaster Management Agency of Riau Province, the General Sudirman, Pekanbaru with the object of study of communication patterns Regional Disaster Management Agency of Riau Province in disaster prevention and responses smoke in Riau. While the subject of research is chief executive BPBDs Riau Province, Head of Prevention and Preparedness, Emergency Head, Head of Rehabilitation and Reconstruction Task Force BPBDs Riau, Riau BPBDs Special Staff, Task Force for Disaster Resilient Village and BMKG Pekanbaru. Retrieving data using non-participant observation and interviews tersruktur and documentation.Results from this study indicate patterns of communication BPBDs Riau Province is a wheel pattern. Wheel pattern seen since the application of a structured communication and coordinated by BPBD Riau. At the time of the disaster prevents fumes, wheel pattern appears on the coordination done BPBDs Riau. At the time of tackling the disaster, the pattern wheel is used also in coordination and command and briefing at the command post BPBDs Riau. WhatApps strengthen the use of media usage patterns of the wheel. The whole stackholder can communicate with all the elements but still based on the existing structure