Pengaruh Politik Dalam Pembentukan Hukum Di Indonesia

This article examines how the politics influence legal development in Indonesia. Politics and law are two things that influence each other. In the process of establishing the rule of law by political institutions, the role of political forces who sit in the political institutions are very decisive. When the position of law is more determinant than politics, then political activities are regulated by and must comply to legal rules. On the other hand, when politics is more determinant than law, then law is a product of political wills that interacts each other and even competes each other. However, an ideal system is a system when both law and politics are in balance in terms of determination. In such condition, an order may be achieved

Konsep Keadilan Dalam Filsafat Hukum Dan Filsafat Hukum Islam

This paper compares the concept of justice in the viewpoint of legal philosophy and the philosophy of Islamic law. Justice in Islamic law comes from the Creator, Allah Swt., which is infinite justice and therefore must be believed not to apply the law unless justice to His servants. The concept of Justice will continue to evolve in line with social development. Fairness in life becomes an important requirement for humans so that everyone can strike a balance between demanding their rights and carrying out their obligations in an effort to reach the truth. Thus, the truth and the obligations must be in harmony and balance in life. Law is just a collection of words when the law does not materialize justice. When a law does not recognize justice, it is meaningless. Law formulation, therefore, is the process of harmonizing legal certainty and proportionality

Sistem Kerja Dan Prinsip Pasar Modal Syariah

Islamic capital market is the capital market that applies the principles of sharia or the instruments of marketable securities must meet kosher criteria. Prohibition of any transaction that contains elements of usury, maysir, gharar, bay 'najasi, ihtikar. Ban on all investments are not made on the spot, meaning harmony and the terms of the transaction to be complete. Description of the legal basis and principles of capital market transactions above, especially concerning contract forms will provide a way for academics and investors who want to consistently use Islamic principles in assessing the critical instruments of investment instruments available in the capital market . Instruments and transactions that are prohibited in the capital market are preference shares, options, futures, margin trading, short-selling.Instrumen instruments in accordance with sharia is stock (ordinary), Islamic bonds, Islamic mutual funds

Analisis Perbandingan Rasio Roa Dan NPL Antara Bank Konvensional Dan Bank Syariah (Studi Pada PT. Bank Mega Tbk Dan PT. Bank Mega Syariah Tbk)

This study aims to determine the differences in the performance of NPLs AND ROA at PT. Bank Mega Tbk and PT. Bank Mega Syariah, Tbk period 2009-2012. This study used a descriptive study using secondary data obtained from the web Stock Exchange and Bank Mega Syariah website. Data analysis method used is the method of time series and cross sectional approach. From these results it is known that the performance of NPLs and ROA at PT. Bank Mega Tbk and PT. Bank Mega Syariah is relatively good. However, from the NPF ratio it is better than its sister company, because NPF Bank Mega Syariah showed a decreasing trend since last seen 3 years of observation compared with NPL Mega Bank continued to increase during the period

Penerapan Prinsip-prinsip Hukum Perikatan Dalam Pembuatan Kontrak

Parties involved in making a contract should understand and be aware of conditions negotiated during the contract making. This is instrumental in order to anticipate disputes that may arise from such contract. When there are disputes in the future, thus, a party may seek remedies of his/her rights that have been injured by another party. This article discusses principles of contract law in Indonesia and its application in the contract making

Eksistensi Klausul Arbitrase Dalam Penentuan Penyelesaian Sengketa Syariah

The absolute authority of religious courts in economics sharia basically can not reach the agreement in which there is a dispute arbitration clause. An arbitration clause in a contract with Islamic principles usually comes first with settlement by means of shura or reconciliation. However, after an attempt made had not yet reached an agreement, the next step is to resolve the dispute the arbitration. In connection with the arbitration clause, the National Sharia Arbitration Board is authorized by law to resolve the dispute among contracting parties on the basis of agreements they have made previously in the contract (arbitration clause). This paper will discuss how the existence of the arbitration clause as limiting the authority of religious courts in handling disputes arising under a contract in the economic field and make sharia arbitration institution designated in the contract has the absolute power to handle dispute resolution sharia. Because the arbitration clause in a contract sharia business is very varied, ability, experience and creativity of businesses and lawyers to formulate an arbitration clause are highly demanded. It is intended that the choice of dispute resolution by means of arbitration actually be achieved more quickly and cost are borne by the parties to the dispute to be lighter

Qiyas Sebagai Salah Satu Metode Istinbāṭ Al-Ḥukm

One of the methods of deriving Islamic law which is widely known in the study of usul fiqh is qiyas. Qiyas is very popular among the scholars of Shafi\u27i. In simple terms, qiyas can be interpreted as an attempt to equate the law of a case that does not have a legal naṣṣ to the case that already has a legal naṣṣ, because of the equation of \u27illat. This article try to study qiyas as one method in istinbāṭ al-ḥukm by describing several aspects including the elements, requirements and steps that must be passed by a mujtahid who want to derive Islamic law through qiyas method

Penataan Dan Pandangan Hukum Islam Muhammad Shahrur

Muhammad Shahrur is a contemporary scholar who offers a reformist approach to Islamic studies. In bringing forth his ideas especially those related to the Islamic issues, he takes into account sociological backgrounds surrounding them. His thoughts, therefore, are phenomenal and even controversial in some areas such as on the issues of polygamy, inheritance limit, veil, marriage, dowry, and ṭalāq. This article analyzes Shahrur\u27s thoughts related to these problems. It finds that Shahrur\u27s ideas are based on the careful observation ofIslamic sciences coupled with theories in natural sciences. He thus argues that the nature of scientific truth is tentative and the Qur\u27ān as a text is open to different meanings and interpretations