Hukum Islam: Antara Superior Dan Inferior Dalam Penegakan Hukum Di Indonesia

This paper examines the view of Islamic law on the superior and inferior in law enforcement in Indonesia. The focus of the problem is how the concept and the factors that affect law enforcement and a review of the enforcement of Islamic law in Indonesia. This study concluded that law enforcement is an effort being made to make the law, both in the formal sense narrow or broad in the sense of material, as a code of conduct in any legal act performed by all elements of society. While the law enforcement process is influenced by five factors: (1) factors laws or regulations, (2) factors of law enforcement officers, (3) factors means or facilities, (4) community factors, and (5) cultural factors. Basically, Islamic law believes that the goal or purpose of the law is the law of justice. Therefore, Islamic law does not require the existence of discrimination or superior - inferior before the law. Everyone is equal before the law

Revolusi Ilmu Pengetahuan Dan Relevansinya Terhadap Pembaharuan Hukum Islam

The development of Thomas Kuhn's epistemology has brought certain changes in human civilization and a major influence on thinkers of Islam. Kuhn has interesting fact that the philosophers of science generally ignores the basic hermeneutic issues such as the question of what is actually done by a scientist. According to Kuhn rasioanalitas ambiguous scientific fact that basically is not merely a matter of induction or deduction or rasioanalitas also objective, but rather on matters of interpretation (hermeneutical) and persuasion which tends to be more subjective. Methods renewal of Islamic law and family law in contemporary Islamic thought though shades of change is quite pronounced but reform law paradigm of classical legal methodology to a new methodology be applied is still rare. Because according to legal experts who are still using the classic paradigm of new methods offered does not offer a complete solution in addition to the still strong around the confines of dogmatic result of this apathy is getting stronger, and most of the Islamic State and non- state wear Islamic law and Islamic law most families in particular are still patterned utilitarianistik. But stretching renewal undertaken by thinkers over a bit much to excite a new study in the field of family law in particular and Islamic thought in general and also become a point of departure expectations change when Muslims slumped amid the swift currents of change

Demokrasi Dan Kampanye Hitam Dalam Penyelenggaraan Pemilihan Umum Di Indonesia (Analisis Atas Black Campaign Dan Negative Campaign)

Indonesia is a country oriented to the democratic system. As stated in the 1945 Constitution Article 1 Paragraph (2) which states "Sovereignty is in the hands of the people and carried out according to the Constitution." 2019 is a political year. Soon the Indonesian people will hold a democratic party for the umpteenth time. The rise of Negative Campaigns and Black Campaigns is unavoidable ahead of general elections in Indonesia. The emergence of a black campaign became a reflection of the dilapidated morale of the Indonesian people today. It cannot be denied that black campaign has a very bad impact on the political education of the Indonesian people. The phenomenon that occurs is SARA participation in politics. Where we know that Indonesia has pluralism, we not only have one religion, culture, and tribe. Religious issues may be familiar to the public ahead of the 2019 presidential election, which raises some perspectives and assumptions that they are a form of religious politicization, embodiment of religious values ​​in politics, and the opinion of the khilafah government system in Indonesia. Differences of opinion must always exist amid a pluralistic society. The differences and diversity that exist in Indonesia can lead to conflict and division if not addressed wisely. Conversely, plurality can be an adhesive in society if it is able to be managed properly without uniformity. Therefore, ahead of the 2019 Presidential Election, the public is expected to be able to filter all the news obtained, whether the campaign used is included in the negative campaign or is it a black campaign? It is hoped that free and fair democratic parties can be realized in the upcoming 2019 Presidential Election, so that it can maintain harmony in the life of the nation and state. The community must be clever in digesting the information that is obtained and it is hoped that it will not be easily provoked for the integrity of the nation

Politik Transaksional Dalam Perspektif Hukum Islam Di Indonesia

This article describes the problem of transactional politics in the Islamic legal perspective. The results of the assessment with the understanding that the approach to literature obtained political behavior that occurred at this time in order to try to influence a person or group of people behave or act in accordance with the wishes of the first, by any means. The ways that used to be inducement, coercion or incentives to construct a second party. Political bargaining may be the threat of punishment, it can also be lucrative offers. First party power base to influence the second variety, can be monetary, political office and control of negative information about the second. Political practice as it was away from the political ethics in Islam. In the Qur\u27an, Allah Swt. commands Muslims to choose good leaders and the faithful, and to do justice. Because if the leader is good, smart, healthy, honest and not corrupt, fair and trustworthy people will surely prosper and prosper

Hubungan Nilai Kebenaran Berdasarkan Filsafat Ilmu dengan Tindak Kekerasan Seksual terhadap Perempuan

This article unearths the sexual abuse to women. Using legal approuch, this study reveals that goal of law in criminal punishment is essenstially to protect the victim from crime, especially raping. The criminal punishment to the person who commits crime is the right of the victim who has susfered from psycal aspects. Althought the goal of the law is very ideal, the implementation of the law is stiil for from ideal, since the rights of the victims os rapinf are often abandoned. This is evident if we refer to the regulations in the Criminal Punishment Law that normatively negles the protection of the vistim's basic rights. In addition, the goal of the law in judicial (normative) subtance has not been in harmony with the substance of Islamic Law and related with the correspondence theory of truth

Analisis Kedudukan Hukum dalam Alquran (suatu Analisis Keadilan dan Kemanusian)

The Qur\u27an not only regulates human vertical relationship with God, but also set the horizontal human relationships with each other and with the natural surroundings. The number of verses in the Quran the law only slightly compared with the governing creed. Verses such laws are generally global, in tune with the dynamics of a society that is always dynamic, growing and changing. The concept of the law of the Koran integrating between justice and humanity, which is reflected in the implementation of the punishment like any concepts valuable humanitarian obligations. The concept of justice and humanity in the law is essentially a objectives of Islamic law

Eksistensi Akad dalam Transaksi Keuangan Syariah

This paper will explore the existence of the contract has a crucial role in Islamic financial transactions with a number of implications posed. One of that in Islam there is freedom to determine the contract with all the terms and forms of contract desired by the parties, provided that the contract is voluntary and is not included in the prohibition of sharia\u27. On this basis, the core of the contract which is carried out in Islam is to create benefits for the parties to the agreement for an Islamic financial transactions