Peace Agreement in Criminal Cases at the Level of Investigation in the Resort Police of Cirebon Regency and Cirebon City of West Java, Indonesia: A Case Study of Particular Criminal Actions and the Benefits of Peace Agreement in the Investigation of Inves

In the event of criminal cases, violators and victims are those who mostly feel the consequences. In the meantime, the peace agreement process of a criminal case refers to the policy of the state, namely the Code of Criminal Law (KUHP) and the Code of Criminal Procedure (KUHAP), in which no chance for violators and victims to come to a peace agreement at each stage of the examination, including the investigation stage. The existence of both Laws does not provide justice for victims and violators. Peace agreement at the level of investigation is intended to avoid the possibility of greater losses when the case at the stage of prosecution by the General Prosecutor (JPU) and the examination by the Court by Judge. Departing from this reality, the peace agreement between victim and violator at the level of investigation, which subsequently becomes a criminal eraser reason, becomes important to be accommodated. To analyze this phenomenon, a research must be conducted in socio legal approach. This paper wanted to express in the investigation of what criminal cases that can be accomplished by peace agreement and how the perception of investigators about the benefits of peace agreement at the level of investigation. Based on the findings and analysis, it was revealed that the criminal cases resolved by peace agreement at the level of investigation were criminal cases with personal violators and victims and the losses were relatively small. The benefits of peace agreement in the investigation, by the investigator perception, were perceived to meet sense of justice better and more beneficial for all parties compared to using state law. Keywords: Peace agreement of Criminal Cases, Investigations, and Benefits of Peace agreement at the Level of Investigation in Investigator’s version

MENYIMAK ARGUMEN MAHMUD THAHA TENTANG NASKH DAN REFORMASI SYARIAH

Reformasi syariah merupakan wacana yang kontroversial. Selain ada sejumlah pemikir yang mengusung dan mendukungnya, banyak juga yang membantah dan melarang untuk menyebarkannya. Wacana yang dipersoalkan, mungkinkan syariah direformasi? Bagaimana caranya? Sejauhmana produk syariah yang dihasilkannya memiliki keabsahan dan otoritas yang diakui secara normatif dalam perspektif hukum Islam? Tulisan ini, tidak untuk menjawab atau memberi penjelasan mengenai sejumlah pertanyaan itu, tetapi untuk menelisik argumen seorang tokoh pemikir Islam dari Sudan, pengusung gagasan reformasi syariah. Dia adalah Mahmud Muhammed Thaha. Dalam tulisan ini, saya lebih memposisikan diri sebagai orang yang ingin meminta konfirmasi tentang pemikiran tokoh itu, terutama berkaitan dengan argumentasinya tentang konsep naskh dan hubungannya dengan reformasi syariah menuju syariah yang lebih humanis. Pertanyaannya, sejauhmana kerangka konseptual argumen Thaha dalam membangun gagasannya? Apakah argumen tersebut memiliki basis teoritis yang kuat dalam tradisi keilmuan fiqh (ushul al-fiqh), dan seberapa jauh pula hal itu relevan dan signifikan untuk melakukan reformasi syariah

Peace Agreement in Criminal Cases at the Level of Investigation in the Resort Police of Cirebon Regency and Cirebon City of West Java, Indonesia: A Case Study of Particular Criminal Actions and the Benefits of Peace Agreement in the Investigation of Inves

In the event of criminal cases, violators and victims are those who mostly feel the consequences. In the meantime, the peace agreement process of a criminal case refers to the policy of the state, namely the Code of Criminal Law (KUHP) and the Code of Criminal Procedure (KUHAP), in which no chance for violators and victims to come to a peace agreement at each stage of the examination, including the investigation stage. The existence of both Laws does not provide justice for victims and violators. Peace agreement at the level of investigation is intended to avoid the possibility of greater losses when the case at the stage of prosecution by the General Prosecutor (JPU) and the examination by the Court by Judge. Departing from this reality, the peace agreement between victim and violator at the level of investigation, which subsequently becomes a criminal eraser reason, becomes important to be accommodated. To analyze this phenomenon, a research must be conducted in socio legal approach. This paper wanted to express in the investigation of what criminal cases that can be accomplished by peace agreement and how the perception of investigators about the benefits of peace agreement at the level of investigation. Based on the findings and analysis, it was revealed that the criminal cases resolved by peace agreement at the level of investigation were criminal cases with personal violators and victims and the losses were relatively small. The benefits of peace agreement in the investigation, by the investigator perception, were perceived to meet sense of justice better and more beneficial for all parties compared to using state law

Energy Conservation and Energy Management for Industry in Indonesia in Islamic Economic Perspective

This article will explore energy conservation as part of the national energy policy in Indonesia. Although the government has implemented a strategy for implementing energy conservation by applying energy management to the industrial sector, energy conservation still has challenges and obstacles in making it happen. By analyzing energy conservation policies and understanding the Maqasid Al-shariah framework which is the operational foundation of Islamic economics on the themes of economic energy, this paper concludes that energy conservation as part of religious obligations implemented in energy consumption behavior, because energy is the main source for sustainability human life. Therefore, moral values become the main foundation in energy conservation behavior as a reflection of the achievement of the objectives of Islamic law and energy management as a systematic effort to utilize energy in industry, not only to increase productivity through energy effciency and conservation but also to maintain sustainability towards the energy needs themselves

KEPUTUSAN MAJELIS ULAMA INDONESIA TENTANG PEMIMPIN YANG DIPILIH

Keputusan Majelis Ulama Indonesia tahun 2009 sesuai dengan UU nomor 39 Tahun 1999 tentang HAM pasal 43 dan UU nomor 12 Tahun 2005 Tentang Pengesahan Kovenan Hak Sipil Politik pasal 25. Dalam hal ini MUI moderat. Keputusan Majelis Ulama Indonesia Tahun 2016 tentang pemimpin yang dipilih menyatakan QS. Al-Ma’idah ayat 51 secara eksplisit melarang menjadikan Yahudi dan Nasrani sebagai pemimpin dan dalil larangan menjadikan non Muslim sebagai pemimpin. Dan ulama wajib menyampaikan isi surah al-Ma’idah ayat 51sebagai wajibnya memilih pemimpin muslim dan meyakini kebenaran isi surah al-Ma’idah ayat 51 sebagai panduan dalam memilih pemimpin. Hal itu karena MUI ‘memonopoli’ tafsir اَوْلِيَاء dengan “pemimpin-pemimpin” saja. Jadi calon pemimpin yang telah memenuhi kriteria sebagai pemimpin namun tidak beragama Islam maka bukanlah pemimpin yang harus dipilih

Energy Conservation and Energy Management for Industry in Indonesia in Islamic Economic Perspective

This article will explore energy conservation as part of the national energy policy in Indonesia. Although the government has implemented a strategy for implementing energy conservation by applying energy management to the industrial sector, energy conservation still has challenges and obstacles in making it happen. By analyzing energy conservation policies and understanding the Maqasid Al-shariah framework which is the operational foundation of Islamic economics on the themes of economic energy, this paper concludes that energy conservation as part of religious obligations implemented in energy consumption behavior, because energy is the main source for sustainability human life. Therefore, moral values become the main foundation in energy conservation behavior as a reflection of the achievement of the objectives of Islamic law and energy management as a systematic effort to utilize energy in industry, not only to increase productivity through energy effciency and conservation but also to maintain sustainability towards the energy needs themselves

KEDUDUKAN HAKIM WANITA DALAM PERSPEKTIF FUQAHA'(Studi Komparatif Imam Abu Hanifah dan Ibn Jarir At-Thabari)

Judges are a very urgent profession, because judges are one of the highest positions in Islam. This position is higher when compared to the mufti, because the task of the judge is not just to declare the law, but also to impose a sentence in which the results of the decision must be implemented and obeyed. So that the requirements and due diligence must be upheld in a democratic, fair and honest manner. In the discourse on the terms and legal status of women serving as judges, there was a difference of opinion among the jurists and caused controversy among the Imams of the schools. This study aims to answer the questions that formulate the problem: "What is the opinion of Abū Hanīfah and Ibn Jarīr At-Thabarī regarding the position of female judges, how the similarities and differences in opinion of Abū Hanīfah and Ibn Jarīr at-Thabarī regarding the position of female judges and how relevant opinion of the position of female judges in the Indonesian context between Abū Hanīfah and Ibn Jarīr at-Thabarī ”. This study uses qualitative research (literature), the nature of the study used is comparative descriptive analysis, that is by describing the problems associated with and comparing the opinions of two school leaders.The conclusion of this research is that according to Abū Hanīfah, women can be judges only in civil matters (mu’amalah) not in criminal matters (qishās and hudūd), as is the assertion of the ability of a woman to be a witness and the ability of a woman to be a judge. whereas according to Ibn Jarīr at-Thabarī women may be absolute judges for all cases, as Ibn Jarīr at-Thabarī analogizes that women may issue fatwas that are considered valid so that in this case women may be judges and their decisions are considered valid. As for the location of the similarity of the views of Abū Hanīfah and Ibn Jarīr at-Thabarī in terms of the status of women serving as judges that both do not make men the legal requirement for the appointment of a judge. Whereas the difference of opinion between the two is the authority of women judges in deciding cases in the jurisdiction, Abū Hanīfah limits the authority of women in deciding cases only in the civil domain not in hudūd and qishās. In addition, Abū Hanīfah also believes that whoever appoints a woman to be a judge is a sinner. Whereas Ibn Jarīr at-Thabarī allowed women to serve as judges absolutely and related to his appointment he absolutely allowed. Among the opinions of the two imams which is most relevant in Indonesia is the opinion of Ibn Jarīr At-Thabarī which is in accordance with the spirit of the Indonesian people today