Understanding the Characteristics of Dispute Settlement in Sharia Economic System

One of the most developed areas of Islamic law (sharia) today is “Fiqh Muamalah Iqtishadiyyah” or known as term “Sharia Economics.” The outcomes of the research indicate that the characteristics of sharia dispute are important to be understood by sharia businessmen and law enforcers. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. The sharia economic disputes, whether through litigation or non-litigation is not a means to profit, but solely to resolve disputes in accordance with sharia principles. the settlement of sharia disputes is still not fully independent or free from conventional law that has been going during this in the religious courts. Responding this matter throughout the process of settlement is not contradictory to the principles of sharia can be accommodated while preparing sharia-based sharia dispute la

Reinterpretation of Contemporary Islamic Law (Analysis Study of the Legal Fatwa of Smoking)

This study used normative-juridicial approach performing the research on legal data related to legal determination against cigarette and smoking. Data sources obtained through literature research, information, and media news concerning legal status of smoking and any impacts arrised from it. The results showed that there are two relevant theories or fiqh which are used. The first principium is “dar’ul mafasid muqaddamun ala jalbil mashalih fiqh” (to refuse harm that would take precedence over the benefit). The second is rules of the prohibition of something namely haram li zhatihi (prohibition of its substance) waharamun li ghairi zhatihi (not prohibition of its substance). Cigarette is a product mainly made of tobacco, cloves and other ingredients which according to fiqh are not classified as prohibited ingredients. However, after going to the process, it has became prohibited or known as haram li ghairizhatihi due to its process. Meanwhile, smoking is an action which potentially having many harms such as tuberculosis, disturb health such as cough and difficulty in breathing as well as affecting welfare. Therefore, smoking is considered as prohibited (makruh and haram). Keywords: Contemporary Islamic Law, Cigarette and Smoking, and Fatw

LAPORAN KEUANGAN LEMBAGA AMIL ZAKAT : MELALUI TRANSPARANSI DAN AKUNTABILITAS

Masyarakat berharap dapat melihat dan mengetahui kinerja Lembaga Amal Zakat melalui laporan keuangan yang transparan dan akuntabel. Peneliti ingin mengkaji transparansi dan akuntabilitas Lembaga Amil Zakat melalui pelaporan keuangan, mengacu pada PSAK 109. Studi ini dengan pendekatan deskriptif, studi kasus, komparatif. Objek data laporan keuangan yang tersaji dalam website yang telah dipublikasikan periode 2019 dan 2020 oleh Rumah Zakat dan Inisiatif Zakat Indonesia. Hasil penelitian menemukan dalam upaya peningkatkan transparansi dan akuntabel, Rumah Zakat dan IZI memberikan kemudahan bagi masyarakat, khususnya muzakkinya, untuk mengakses penyampaian kegiatan, laporan keuangan setiap tahun yang telah diaudit oleh audit eksternal. Rumah zakat belum menyajikan lima komponen laporan keuangan sesuai dengan PSAK 109 sebagai bentuk pertanggungjawabannya hanya memprioritaskan laporan penggunaan dana. Sementara Inisiatif Zakat Indonesia telah menyusun laporan keuangan tahunan sesuai PSAK No. 109 yang berlaku di Indonesia. Selain itu, pengakuan, pengungkapan, penyajian, dan komponen laporan keuangan telah sepenuhnya disusun dalam teks laporan keuangan tahun 2019 dan 2020, dan tidak dilakukan pengungkapan atas catatan laporan keuangan

The Nature and Legal Standing of the Islamic Sentence in the Islamic Legal System

The source of the Islamic law originally comes from Al-Qur’an (revealed by Allah) and Hadith (stated by the Prophet Muhammad Sallallahu Alaihi wa Sallam). If there are problems that are not described explicitly in these two sources, then Ijtihad wiil do in order to find a legal solution. The punishment is part of the shari’ah law in upholding truth and justice prevailing since the coming of the Prophet Muhammad. Therefore, at the time of the Prophet and the Caliphs, the Islamic criminal law applies as positive law in which the law that regulated and implemented by the government (ulil amri) as the legitimate authority... The objective of punishment is to retaliate for evil; to prevent in general and in particular; and to protect the rights of the victim, as well as the heirs of the victim. Punishment in Islamic criminal system is qiyas, diyat, kafaraat, disenfranchisement inherit, and ta’zir. In terms of the legal position of the the Islamic sentence law, the Islamic law has outlined 3 (three) types of law, as followings: I'tiqadiyah Law, Khuluqiyah Law, and Amaliyah Law. Keywords:Nature and Legal Standing; Islamic Sentence; Islamic Legal System

Substantial Position of Constitution as Human Nature to the Existence of State in Modern Civilization

The existence of constitution is closely related to political life and institutions of state power. It is the nature of human life. A tendency to put the foundation of political life and law above the highest righteousness as the “Basic Law”, a reflection of human nature; wants to rely on the highest righteousness in norms, both religious (medieval constitutionalism phenomenon) and legal (modern century constitutionalism phenomenon). Constitution as a state philosophy reflects virtue as the foundation of state philosophy. Keywords: Constitution, Nature, Basic Law, State Philosophy DOI: 10.7176/JLPG/82-1

LEGAL POLITICS OF HUMAN RIGHTS ABOUT FREEDOM OF RELIGION AND BELIEF IN INDONESIA

Freedom of religion and belief is one form of human rights that must be respected, protected and fulfilled. He is guaranteed in various international human rights documents as well as in the Indonesian constitution and various legal materials that exist. Although it still leaves a fundamental problem, for example, there is no specific law regarding this matter. Legal Politics of Human rights are meaningful as to how the state respects, protects and fulfils human rights regarding the freedom of religion and belief. Assessing the legal politics of human rights, must begin with understanding the philosophy of the concept of freedom that exists, assessing legal material available in terms of legal politics, and how the implementation of political human rights law is implemented. Without forgetting an important element of how the community engages in the issue of freedom of religion and belief. Keywords: human rights, legal politics, freedom of religion and belief. DOI: 10.7176/JLPG/83-19 Publication date:March 31st 201

A Legal Framework of Foreign Banking in the Indonesian Banking System

The legal work involved in systemic bank restructuring is an essential element of the government's microeconomic efforts. The existence of foreign banks in Indonesia is developing related to business and investment needs, where Indonesia is very need foreign capital but the presence of foreign banks in Indonesia from a legal perspective continues to experience problems, such as regarding the term of foreign banks. The research was conducted using a normative-legal research method. The research site was conducted at Bank Indonesia, the Office of the Financial Services Authority, the Office of the Deposit Insurance Corporation, the Indonesian Ministry of Foreign Affairs. The results show that the legal status of foreign banks in terms of two aspects, namely legal personality and legal capacity. Personality legal of foreign banks in Indonesia are branches or representatives of banks domiciled abroad, have license to operate in Indonesia according to applicable regulations in Indonesia, have rights, obligations and responsibilities that must be conducted according to the law in Indonesia. Legal capacity of foreign banks in Indonesia is a form of foreign bank legal entity following the form of its head office legal entity abroad. Supervision of foreign banks is conducted through coordination and cooperation between the host supervisory authority and home country as the main requirement for the effective supervision and operation of foreign banks and settlement of disputes can be made based on an agreement between the two parties to settle it with an international arbitration body, namely if the dispute resolution process is the court’s authority in the country concerned. Keywords: Bank; Foreign Banks; Investment; Legal Framework DOI: 10.7176/JLPG/85-23 Publication date:May 31st 201

Legal Protection of Narcotic Abusers: A Restorative Justice Perspective

The increasing of narcotics cases from year to year makes the government must be more introspective related to the distribution of narcotics that comes from outside as well as the distribution that comes from inside. The research uses a socio-legal approach. This approach used to look at legal aspects of social interaction in the communities. The research site is Kediri, East Java province, Indonesia. The results show that the State and Government have an obligation to provide legal protection against narcotics abusers. Abusers are the citizen who must be fulfilled their rights. The appropriate treatment for a narcotics abuser is getting medical and social rehabilitation. By medical rehabilitation, narcotics abusers can recover from their dependence on narcotics and become a healthy person. Implementing restorative justice to narcotics abusers is not to bring narcotics abusers who have been arrested directly using narcotics without rights or against the law into the legal process, but place them in a place of medical and social rehabilitation. In realizing restorative justice, there are obstacles to narcotics crime includes no regulation equal to the law on the regulation of restorative justice especially for narcotics abusers as victims which can be used as guidelines by law enforcers to enforce restorative justice for narcotics abusers. Keywords: Criminal Law; Drugs; Narcotics; Restorative Justice DOI: 10.7176/JLPG/88-09 Publication date: August 31st 201

The Essence of the Correctional System in the Effort of Recovering the Correctional Assisted Resident

The essence of correctional system in the effort of recovering the correctional assisted resident is a rehabilitation and social reintegration in the implementation of correctional system. The nomenclature changes from the prison system to correctional system, is a progressive step that is conducted to make a new image in the correctional agency

Pembagian Harta Warisan Muslim Tionghoa: Studi Komparatif

Penelitian ini bertujuan menganalisa implikasi pewarisan berbeda agama dalam masyarakat adat Tionghoa ditinjau dalam perspektif Hukum Islam. Penelitian ini adalah penelitian hukum normatif dengan menggunakan pendekatan perundang-undangan, kasus, dan komparatif. Penelitian dilakukan di Kota Makassar. Hasil penelitian menunjukkan bahwa masyarakat Muslim Tionghoa beragama Islam tidak dapat mengenyampingkan Hukum Islam dalam pembagian harta warisan. Implikasi dalam perspektif hukum Islam walaupun di dalam masyarakat tidak secara riil dapat dilihat tetapi dikarenakan tidak mengikuti hukum Islam, maka implikasinya adalah sanksi negatif, kesengsaraan, dan dosa dari Allah SWT