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Legal Construction against Customer Deposit Protection as a Result Liquidity of PT Bank Perkreditan Rakyat Mustika Utama Kolaka 针对PT人民银行流动性导致的客户存款保护的法律建构
Pub Date : 2022-12-02 DOI: 10.30863/al-bayyinah.v6i2.3045
Ashadi L. Diab, Rizal Darwis, A. Zubair, Sitti Selamita
This article discusses the protection of customer deposits of PT. Bank Perkreditan Rakyat (BPR, rural bank) Mustika Utama Kolaka. This type of research is descriptive and qualitative with data collection methods using observation, interviews, and documentation. The research data is categorized into primary data and secondary data, processed and analyzed through data reduction steps, data presentation, and conclusion drawing with an analytical descriptive approach. The results showed that the procedure carried out by the Financial Services Authority (OJK) in the process of expiring PT. BPR Mustika Utama Kolaka's license was to carry out direct and indirect supervision of the bank. OJK after declaring its business license revoked, the handling of customer deposit protection is carried out based on the procedures established by the Indonesia Deposit Insurance Corporation (IDIC) by referring to Law Number 21 of 2011 concerning the Financial Services Authority. On the other hand, in terms of the legal construction of conflict resolution between customers and the bank, it prioritizes steps to acculturate local wisdom and actualize legal culture in the local community.
本文讨论了PT. Bank Perkreditan Rakyat (BPR,农村银行)Mustika Utama Kolaka对客户存款的保护。这种类型的研究是描述性和定性的,采用观察、访谈和文献的数据收集方法。研究数据分为主要数据和次要数据,通过数据简化步骤、数据呈现和结论绘制,采用分析描述性方法进行处理和分析。结果表明,金融服务管理局(OJK)在PT. BPR Mustika Utama Kolaka的许可证到期过程中所执行的程序是对银行进行直接和间接监管。OJK在宣布其营业执照被吊销后,根据印度尼西亚存款保险公司(IDIC)根据2011年关于金融服务管理局的第21号法律制定的程序处理客户存款保护。另一方面,在解决客户与银行冲突的法律建设方面,重点是融入当地智慧,在当地社区实现法律文化。
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引用次数: 0
The Power of Notary Grants as an Authentic Deal in the Settlement of Inherited Land Ownership Disputes 公证授予权在土地继承权属纠纷解决中的真实性作用
Pub Date : 2022-12-02 DOI: 10.30863/al-bayyinah.v6i2.2235
A. S. Sulfian, F. Firdaus
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引用次数: 0
Justice of a Husband who Performs Polygamy in Classic, Contemporary, and Indonesian Perspectives 从古典、当代和印尼的视角看一个执行一夫多妻制的丈夫的正义
Pub Date : 2022-12-02 DOI: 10.30863/al-bayyinah.v6i2.3187
Ruslan Daeng Matteru, Abdulahanaa Abdulahanaa
Polygamy in classical views, contemporary views and Indonesian perspectives, is an urgent matter to be known as a treasure trove of Islamic thought. The implication is clearly illustrated that in fact the problem of classic marriage terms has been experiencing developments that are considered by culture and trends to be appropriate for the times. Hadith about polygamy requires interpretation and correlation with the cultural context of marriage that has occurred in various parts of the world, especially in the Arabian Peninsula in the pre-Islamic era, past and present. Through this study, it will reveal polygamy in classic, contemporary and Indonesian dimensions. The method in this study is a literature approach, by examining classic books, books and articles related to polygamy. The results of the study indicate that the scholars agree on justice as a condition for allowing polygamy and for those who violate the terms of justice in polygamy can be subject to sanctions, but there are differences regarding the form of sanctions that can be imposed. In the classical perspective the threat is understood as a threat to morality, while in the contemporary and Indonesian perspective the threat is understood as a threat that can be subject to ta'zir punishment in the form of criminal or civil sanctions, it's just that the legislation governing marriage in Indonesia does not regulate sanctions for violation of the law.
在古典观点、当代观点和印尼观点中,一夫多妻制是一个迫切需要被称为伊斯兰思想宝库的问题。其含义清楚地表明,事实上,经典婚姻条款的问题已经经历了文化和趋势认为适合时代的发展。关于一夫多妻的圣训需要解释并与世界各地发生的婚姻文化背景相关联,特别是在前伊斯兰时代的阿拉伯半岛,过去和现在。通过本研究,揭示了古典、当代和印尼的一夫多妻制。本研究采用文献法,通过考察与一夫多妻制相关的经典书籍、书籍和文章。研究结果表明,学者们一致认为正义是允许一夫多妻制的条件,违反一夫多妻制中正义条款的人可以受到制裁,但在制裁的形式上存在分歧。在古典观点中,这种威胁被理解为对道德的威胁,而在当代和印尼的观点中,这种威胁被理解为一种可以受到刑事或民事制裁形式的惩罚的威胁,只是印尼有关婚姻的立法没有规定对违法行为的制裁。
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引用次数: 0
Transaction Agreements Through Internet Media Electronic Systems (E-Commerce) in the Perspective of Civil Law and Islamic Law 大陆法系与伊斯兰法系视域下的电子商务交易协议
Pub Date : 2022-11-29 DOI: 10.30863/al-bayyinah.v6i2.3204
Dewi Arnita Sari
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引用次数: 0
An Islamic Law Perspective on the Concept of Shopeepaylater 伊斯兰教法视角下的付款概念
Pub Date : 2022-11-29 DOI: 10.30863/al-bayyinah.v6i2.2962
Muspita Sari, H. Yusuf, LD. Dian Hidayat S, Widia Astuti
Technology in this era has developed very rapidly. There are many applications that were created to facilitate human activities. One of them is the emergence of e-commerce that can make it easier for anyone who wants to shop, but is lazy to leave the house. All needs ranging from clothes, food, skincare, bags, food, home furnishings, gadgets, books and many more are available there. All of that is easily obtained in just a matter of minutes or even seconds. By online shopping, it will save energy and time. Only by purchasing goods via smartphone, then waiting for them to arrive at home. One of the e-commerce that is widely used by the public is Shopee application. The more Shopee users, the more Shopee wants to provide all the convenience of facilities and attractive promos every month. The previous payment method could only be via COD (Cash on Delivery), minimarkets, bank transfers and shopeepay. Now you can make payments on credit. The credit concept or ShopeePayLater offered by Shopee by allowing its users to make purchases of goods without having to wait for the money. If there is an urgent to buy goods using ShopeePayLater, then Shopee will lend funds which will then be paid in the following month according to mutual agreement. However, behind all the benefits offered to ShopeePayLater users. There are still many who have doubts about the law because for every transaction, Shopee provides additional handling fees and interest rates. The interest rate referred here clearly includes usury and it is strictly prohibited according to Islamic law.
这个时代的科技发展非常迅速。有许多应用程序是为了促进人类活动而创建的。其中之一是电子商务的出现,它可以让任何想购物但又懒得出门的人更容易购物。所有的需求,从衣服,食品,护肤品,包,食品,家居用品,小工具,书籍和更多的都可以在那里买到。所有这些都很容易在几分钟甚至几秒钟内获得。通过网上购物,它将节省精力和时间。只有通过智能手机购买商品,然后等待它们到达家中。被大众广泛使用的电子商务之一是Shopee应用。Shopee的用户越多,Shopee就越希望每个月提供所有便利的设施和有吸引力的促销活动。以前的付款方式只能通过货到付款、小超市、银行转账和shopepay。现在你可以用信用卡付款了。Shopee提供的信用概念或ShopeePayLater,允许其用户购买商品而不必等待付款。如果有紧急情况需要使用ShopeePayLater购买商品,那么Shopee会提供资金,然后根据双方的协议在下个月支付。然而,在ShopeePayLater提供给用户的所有好处背后。仍有许多人对这项法律持怀疑态度,因为对于每笔交易,Shopee都会提供额外的手续费和利率。这里提到的利率显然包括高利贷,根据伊斯兰教法,这是严格禁止的。
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引用次数: 0
Sociological Aspects in the Determination of Islamic Law 伊斯兰教法确定中的社会学问题
Pub Date : 2022-10-30 DOI: 10.30863/al-bayyinah.v6i2.2944
Ismail Keri, Achmad Musyahid, Kurniati Kurniati
Islamic law, as inherent in legalizing a problem faced by society, is an interesting discussion in the reflection of religious law in society. How not, the problems faced by the community continue to grow and are always global, as a large current that must find a solution. The dialogue between the sociological aspect and the establishment of Islamic law is a discourse that continues to get attention and must get factual answers as a result of reformulation of Islamic law towards a better direction. This study is a conceptual study or literature review, which examines data from Islamic law books, books and journals that have relevance. The result of the research shows that, the constructive relation of Islamic law between the sociological aspect and its stipulation is something that cannot be separated. The determination of Islamic law, always considering the sociological aspects of society, shows that the law is for human beings, so it is not surprising that Islamic law is flexible and measurable. The implication that is born in the sociological aspect is the establishment of a sweet and elastic Islamic law determination while still paying attention to its normative and historical aspects.
伊斯兰教法作为将社会面临的问题合法化的固有内容,是反映宗教法在社会中的有趣讨论。怎么不呢,社区面临的问题不断增长,总是全球性的,作为一个大的潮流,必须找到一个解决方案。社会学方面与伊斯兰法的建立之间的对话是一种继续受到关注的话语,必须在伊斯兰法朝着更好的方向重新制定的结果中得到事实的答案。本研究是一项概念性研究或文献综述,它检查了来自伊斯兰法律书籍、书籍和相关期刊的数据。研究结果表明,伊斯兰教法的社会学方面与其规定性之间的建构关系是不可分割的。伊斯兰法律的确定,总是考虑到社会的社会学方面,表明法律是为人类服务的,因此,伊斯兰法律是灵活和可衡量的也就不足为奇了。在社会学方面产生的含义是,在仍然关注其规范和历史方面的同时,建立一个甜蜜而有弹性的伊斯兰法律决定。
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引用次数: 0
Moderasi Fikih Muamalah di Indonesia: Analisis terhadap Paradigma Fatwa Dewan Syariah Nasional 印度尼西亚体质温和:对国家伊斯兰教法委员会宗教法范例的分析
Pub Date : 2022-06-24 DOI: 10.35673/al-bayyinah.v6i1.2634
Amirullah Amirullah, Athoillah Islamy, Hamzah Hamzah
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引用次数: 0
The Theory of Change in Law: Al-Syatibi's Philosophy of Law 法的变化理论:阿尔-萨提比的法哲学
Pub Date : 2022-06-24 DOI: 10.35673/al-bayyinah.v6i1.2605
Sylviah Sylviah
The conception of change in law is something that cannot be denied, it is caused by the reality of a very complex era. The birth of Islamic thoughts has become its own style in responding to global challenges and at the same time providing scientific treasures in the field of Islamic law. As-Syatibi is a reformer figure in change in law, especially in the dimension of Islamic legal philosophy. Thus, the reflection of this study reveals Al-Syatibi's conception of thinking in the frame of change in law. The method in this study is a conceptual study with a library approach, which examines books and books related to the object of study. The results show that al-Syatibi's philosophical thought of law cannot be separated from the concept of maslahat embodied in maqashid al-syariah by being seated at several levels of urgency, namely dharuruyah, hajjiyah and tahsiniyah. The conceptual framework of Al-Syatibi's thinking in the concept of change in law in achieving benefit. change in law must lead to human empowerment by reducing normativity and by bringing the law closer to its historical dimension.
法律变化的概念是不可否认的,它是由一个非常复杂的时代的现实造成的。伊斯兰思想的诞生在应对全球性挑战的同时,也为伊斯兰教法领域提供了科学的宝藏,形成了自己的风格。亚萨提比是法律变革的改革家,特别是在伊斯兰法律哲学的维度上。因此,本研究的反思揭示了Al-Syatibi在法律变化框架下的思维观念。本研究的方法是一种概念性研究,采用图书馆的方法,考察与研究对象相关的书籍和书籍。结果表明,al-Syatibi的法律哲学思想与maqashid al-syariah所体现的马斯拉哈特(maslahat)概念是分不开的,它被置于几个紧迫的层次上,即dharuruyah、hajjiyah和tahsiniya。Al-Syatibi思想的概念框架是在法律观念的变化中实现利益。法律的变化必须通过减少规范性和使法律更接近其历史维度来赋予人权力。
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引用次数: 0
Tradisi Yasinan Untuk Mengembalikan Barang Hilang: Studi Living Qur’an di Watampone 回归失物的传统:Watampone上的活古兰经研究
Pub Date : 2022-06-13 DOI: 10.35673/al-bayyinah.v6i1.1900
Alimuddin Said, Bunyamin Bunyamin, Hasyim Aidit, M. Misbahuddin
This research is entitled Reading Yāsīn as a Tradition to Bring Back Lost Items: A Living Qur'an Study in Watampone. This research is included in the type of descriptive-qualitative research, where the researcher does not just describe the data found in the field, but tries to do a critical analysis of the problem to solve the problem using theological, anthropological and sociological approaches. The results of the study show that QS Yāsīn is one of the surahs in the Qur'an that is much favored by the public. In fact, because it is often read, it makes people who read it memorize it spontaneously by heart without any intention of memorizing it. The more we see, hear and read so that Surah Yāsīn is no longer used as a healer of the heart, but now Surah Yāsīn has become part of various religious rituals. The practice of Reading Surah Yāsīn (Yāsīnan) has its own position in the traditions of some Muslims, especially in Watampone. Even though the tradition is disputed, Surah Yāsīn is often read at certain times such as when someone is facing the sakaratul maut (the moment of dying), Thursday night, the night of Nisfu Sya'ban, tahlil, and so on. The practice of Yāsīnan to bring back lost items carried out by some people in Watampone is by reading it 41 times and the steps in the process vary, some are just reading as well as reading other verses in the Qur'an. Some people do not agree if reading Surah Yāsīn with various tools such as a sieve, coconut or even using incense sticks because it is close to shirk. People in Watampone try to interact with the Qur'an in various ways, both verbally, in writing, and in actions, both in the form of thoughts, experiences, emotionally, and spiritually. They believe that when they interact with the Qur'an, their life will find happiness in this world and the hereafter. To get the instructions of the Qur'an, they try to be able to read it and understand its contents and practice it, even though just reading it is considered as worship for them. The reading of the Qur'an produces various understandings according to their respective abilities, and this understanding gives birth to diverse behaviors in the midst of society as an interpretation of the Qur'an in their lives, both on the theological, philosophical, psychological, and cultural levels. The tradition of people in Watampone in understanding the Qur'an or more precisely the typology of human interaction with the Qur'an in the city of Watampone needs to be introduced kaffah as a treasure and a frame in seeing the many styles and models of community interaction with the Qur'an, especially regarding Surah Yāsīn. In this case, the concept of living Qur'an focuses more on Watampone community groups who really understand the Qur'an itself.
这项研究的题目是:阅读Yāsīn作为一种传统来找回丢失的东西:在瓦坦蓬进行的活生生的古兰经研究。本研究属于描述性定性研究类型,研究者不只是描述在该领域发现的数据,而是试图用神学、人类学和社会学的方法对问题进行批判性分析,以解决问题。研究结果表明,QS Yāsīn是《古兰经》中最受大众喜爱的章节之一。事实上,因为它经常被阅读,它使阅读它的人在没有任何记忆的意图的情况下自发地记住它。我们看到的、听到的和读到的越多,因此,古兰经Yāsīn不再被用作治疗心灵的良药,但现在古兰经Yāsīn已经成为各种宗教仪式的一部分。阅读古兰经Yāsīn (Yāsīnan)的做法在一些穆斯林的传统中有自己的地位,特别是在瓦坦蓬。尽管这一传统存在争议,但古兰经Yāsīn经常在某些时候被阅读,比如当某人面临sakaratul maut(死亡的时刻)、星期四晚上、尼斯福·赛亚班之夜、塔利尔之夜等。在Watampone,一些人通过阅读41遍Yāsīnan来找回丢失的物品,过程的步骤各不相同,有些人只是阅读《古兰经》中的其他经文。有些人不同意,如果阅读苏拉Yāsīn与各种工具,如筛子,椰子,甚至使用香烛,因为它是接近逃避。瓦坦蓬的人们试图以各种方式与《古兰经》互动,包括口头、书面和行动,包括思想、经历、情感和精神的形式。他们相信,当他们与《古兰经》互动时,他们的生活将在今世和后世找到幸福。为了得到《古兰经》的指导,他们努力能够阅读它,理解它的内容并实践它,即使只是阅读它对他们来说被认为是崇拜。阅读《古兰经》会根据各自的能力产生不同的理解,而这种理解又会在社会生活中产生不同的行为,从而在神学、哲学、心理和文化层面上诠释《古兰经》。Watampone人理解《古兰经》的传统,或者更准确地说,是在Watampone城市中人类与《古兰经》互动的类型学需要被介绍,kaffah是一种宝藏,也是一种框架,可以看到社区与《古兰经》互动的许多风格和模式,特别是关于《古兰经》Yāsīn。在这种情况下,活古兰经的概念更多地关注于真正理解古兰经本身的瓦坦蓬社区群体。
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引用次数: 0
The Existence of Financial Management Patterns in The Public Service Agencies 公共服务机构财务管理模式的存在
Pub Date : 2022-06-13 DOI: 10.35673/al-bayyinah.v6i1.2431
I. A., Ma'adul Yaqien Makkarateng, Mustakim La Dee
This study discusses the financial management of the Public Service Agency (Badan Layanan Umum/BLU) in providing flexibility in the form of the flexibility to implement healthy business practices, improve services to the community and promote general welfare and educate the nation's life. By using descriptive analysis method and normative juridical approach, this research intends to describe something that is the object of critical research through qualitative analysis. Financial Management in BLU is widely applied in several government agencies that provide public services such as hospitals and government-owned higher education providers. Although the management of BLU is carried out separately from the parent agency, it must still be subject to and comply with the applicable laws and regulations regarding state finances.
本研究探讨了公共服务机构(Badan Layanan Umum/BLU)的财务管理,以灵活的形式提供灵活性,以实施健康的商业实践,改善对社区的服务,促进一般福利和教育国民的生活。本研究采用描述性分析方法和规范性法学方法,试图通过定性分析来描述作为批判性研究对象的事物。BLU的财务管理广泛应用于一些提供公共服务的政府机构,如医院和政府拥有的高等教育机构。虽然BLU的管理与母公司分开进行,但它仍然必须服从并遵守有关国家财政的适用法律法规。
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引用次数: 0
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Al-Bayyinah
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