Pub Date : 2023-06-30DOI: 10.19105/al-lhkam.v18i1.8332
Muntaha Artalim, Zaim, Ahmad Azaim Ibrahimy, A. Hamid, Achak Muassasah, Dar Al-Hadith, Marocco Al-Hasaniyyah Morocco
This study explores the controversy of SIGMA (Konsultasi Agama or Religious Consultation) at Bhasa Radio 93.1 FM Situbondo as the representation of how grassroots Muslims perceive Islamic law. SIGMA is an aired interactive forum discussing current issues of Islamic law engaging a host, a speaker, and listeners. However, it sparks controversy particularly because of the stigma of a liberalist. This research, therefore, focuses on the typology of SIGMA perspective through the opinion of its speakers, genealogy beyond their thought, and the controversy that comes along. As a qualitative field study with a socio-philosophical approach, it used interviews with 14 informants consisting of SIGMA speakers and staff as well as listeners from diverse backgrounds. It turns out that; firstly, SIGMA’s perspective indicates a progressive type of thought rather than liberal as stigmatized because of the employment of maqas{id al-syari’ah during discussing the issue and making decisions afterward. Secondly, the thinking model can be traced back historically to NU (Nahdlatul Ulama’) reformists who likely use maqas{id al-syari'ah to examine Islamic law along with a progressive mindset. SIGMA speakers furthermore tend to employ advancement of ijtihad and contextual fiqh like what bahs| al-masa'il forums typically do. Thirdly, the controversy stems mainly from the negative stigma which tends to be loudly and sporadically expressed making sympathetic voices unheard. This implies how grassroots Muslims interact with Islamic law in both textual and contextual realms particularly when coping with the changing situation and dynamic methodologies.
本研究探讨了Bhasa Radio 93.1 FM sitbondo的SIGMA (Konsultasi Agama或宗教咨询)作为基层穆斯林如何看待伊斯兰法律的代表的争议。SIGMA是一个播出的互动论坛，讨论当前的伊斯兰法律问题，有主持人、演讲者和听众。然而，它引发了争议，特别是因为自由主义者的耻辱。因此，本研究的重点是通过说话人的观点来研究SIGMA视角的类型学，超越他们思想的谱系，以及随之而来的争议。作为一项具有社会哲学方法的定性实地研究，它使用了对14名告密者的采访，包括SIGMA演讲者和工作人员以及来自不同背景的听众。事实证明;首先，SIGMA的观点表明了一种进步的思想类型，而不是自由主义，因为在讨论问题和之后做出决定时使用maqas{id al-syari 'ah而被污名化。其次，这种思维模式可以追溯到历史上的NU (Nahdlatul Ulama ')改革派，他们可能使用maqas{id al-syari'ah来检查伊斯兰法律以及进步的心态。此外，SIGMA演讲者倾向于采用伊吉提哈德和上下文法的进步，就像bahs al-masa'il论坛通常做的那样。第三，争议主要源于负面的污名，这种污名往往大声而零星地表达，使同情的声音闻所未闻。这意味着基层穆斯林如何在文本和上下文领域与伊斯兰法律互动，特别是在应对不断变化的情况和动态方法时。
{"title":"Islamic Law at the Grassroot; SIGMA Program at Bhasa Radio Situbondo and Its Controversy","authors":"Muntaha Artalim, Zaim, Ahmad Azaim Ibrahimy, A. Hamid, Achak Muassasah, Dar Al-Hadith, Marocco Al-Hasaniyyah Morocco","doi":"10.19105/al-lhkam.v18i1.8332","DOIUrl":"https://doi.org/10.19105/al-lhkam.v18i1.8332","url":null,"abstract":"This study explores the controversy of SIGMA (Konsultasi Agama or Religious Consultation) at Bhasa Radio 93.1 FM Situbondo as the representation of how grassroots Muslims perceive Islamic law. SIGMA is an aired interactive forum discussing current issues of Islamic law engaging a host, a speaker, and listeners. However, it sparks controversy particularly because of the stigma of a liberalist. This research, therefore, focuses on the typology of SIGMA perspective through the opinion of its speakers, genealogy beyond their thought, and the controversy that comes along. As a qualitative field study with a socio-philosophical approach, it used interviews with 14 informants consisting of SIGMA speakers and staff as well as listeners from diverse backgrounds. It turns out that; firstly, SIGMA’s perspective indicates a progressive type of thought rather than liberal as stigmatized because of the employment of maqas{id al-syari’ah during discussing the issue and making decisions afterward. Secondly, the thinking model can be traced back historically to NU (Nahdlatul Ulama’) reformists who likely use maqas{id al-syari'ah to examine Islamic law along with a progressive mindset. SIGMA speakers furthermore tend to employ advancement of ijtihad and contextual fiqh like what bahs| al-masa'il forums typically do. Thirdly, the controversy stems mainly from the negative stigma which tends to be loudly and sporadically expressed making sympathetic voices unheard. This implies how grassroots Muslims interact with Islamic law in both textual and contextual realms particularly when coping with the changing situation and dynamic methodologies.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87509247","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Recently, there has been a massive innovation of online loans and good purchases using pay later with installment schemes. The phenomenon inevitably brings into controversies among the public recalling the old discussion about bank interest. Although Islamic scholars have formulated religious edict (fatwa) about bank interest, some look unfirm, such as that of NU (Nahdlatul Ulama’). This writing aims to portray the seemingly unfirm attitude of the organization relying on the assumption that it actually aims to campaign Islamic economic moderation a la NU. This is qualitative research using the phenomenological approach with the interview as the data compilation method. The opinion of 8 Kiais from the East Java NU insiders became the research subjects. The result shows how the dispute of bank interest has been becoming a continuously debatable topic. Among the three opinions about the bank interest, namely haram, halal, and shubhat, most informants choose the moderate one by neither considering it halal nor haram, including categorizing it as a part of riba type. This intersubjective opinion resonates with organizational opinion which reflects tolerance of the Indonesian monetary reality, such as Islamic banking and conventional banks which are respectively used by Indonesians. This sort of contestation takes a form of formalist and substantial moderation for bridging extreme opinions about the bank's interest.
{"title":"Al-Wasathiyah fî al-Iqtishâd al-Islâmî: Ârâ’u ‘ulamâ Jam’iyati “Nahdlatul Ulama” Bi Jawa al-Syarqiyah haula “al-Taraddud” bi Sya’ini Fatâwa al-Fawâid al-Mashrîfiyah","authors":"Zainal Abidin, None Miftahul Ulum, None Cut Linda Marheni, None Umarul Faruq, None Khotibul Umam","doi":"10.19105/al-lhkam.v18i1.6989","DOIUrl":"https://doi.org/10.19105/al-lhkam.v18i1.6989","url":null,"abstract":"Recently, there has been a massive innovation of online loans and good purchases using pay later with installment schemes. The phenomenon inevitably brings into controversies among the public recalling the old discussion about bank interest. Although Islamic scholars have formulated religious edict (fatwa) about bank interest, some look unfirm, such as that of NU (Nahdlatul Ulama’). This writing aims to portray the seemingly unfirm attitude of the organization relying on the assumption that it actually aims to campaign Islamic economic moderation a la NU. This is qualitative research using the phenomenological approach with the interview as the data compilation method. The opinion of 8 Kiais from the East Java NU insiders became the research subjects. The result shows how the dispute of bank interest has been becoming a continuously debatable topic. Among the three opinions about the bank interest, namely haram, halal, and shubhat, most informants choose the moderate one by neither considering it halal nor haram, including categorizing it as a part of riba type. This intersubjective opinion resonates with organizational opinion which reflects tolerance of the Indonesian monetary reality, such as Islamic banking and conventional banks which are respectively used by Indonesians. This sort of contestation takes a form of formalist and substantial moderation for bridging extreme opinions about the bank's interest.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136300647","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-26DOI: 10.37680/almanhaj.v5i1.2831
Anshari Ahmad Syah Hanafi, I. Irwansyah, Z. Aspan
This study aims to explain the legal effectiveness of BPIP's recommendations on statutory regulations that are contrary to Pancasila values and the main factors that are internal obstacles to BPIP institutions. This type of research uses normative-empirical research. This type of research uses secondary data (from the library) and is supported by primary data based on field research, such as observations, interviews and surveys. Using a normative/juridical approach and a philosophical/ideal values approach. The results of this study are that the implementation of the duties and functions of the BPIP in providing recommendations on regulations that conflict with Pancasila values or the institutionalization of Pancasila values in a product of current legislation is not fully effective due to various influencing factors, including the weak institutionalization of Pancasila values in political institutions. , economic, and socio-cultural, and lack of consistency in making Pancasila the source of all sources of state law in the formation of statutory regulations, BPIP with its duties and functions can provide recommendations on statutory regulations that are contrary to the values of Pancasila but need to be strengthened again the form of the recommendation so that it is final and binding, bearing in mind that the recommendation policy issued by BPIP is only in the form of written input on the contents of regulations or laws that are not in line with Pancasila values.
{"title":"Legal Effectiveness of The Pancasila Ideology Development Agency (BPIP) in Giving Recommendations About Regulations that Conflict with Pancasila Values","authors":"Anshari Ahmad Syah Hanafi, I. Irwansyah, Z. Aspan","doi":"10.37680/almanhaj.v5i1.2831","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2831","url":null,"abstract":"This study aims to explain the legal effectiveness of BPIP's recommendations on statutory regulations that are contrary to Pancasila values and the main factors that are internal obstacles to BPIP institutions. This type of research uses normative-empirical research. This type of research uses secondary data (from the library) and is supported by primary data based on field research, such as observations, interviews and surveys. Using a normative/juridical approach and a philosophical/ideal values approach. The results of this study are that the implementation of the duties and functions of the BPIP in providing recommendations on regulations that conflict with Pancasila values or the institutionalization of Pancasila values in a product of current legislation is not fully effective due to various influencing factors, including the weak institutionalization of Pancasila values in political institutions. , economic, and socio-cultural, and lack of consistency in making Pancasila the source of all sources of state law in the formation of statutory regulations, BPIP with its duties and functions can provide recommendations on statutory regulations that are contrary to the values of Pancasila but need to be strengthened again the form of the recommendation so that it is final and binding, bearing in mind that the recommendation policy issued by BPIP is only in the form of written input on the contents of regulations or laws that are not in line with Pancasila values.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83467988","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-26DOI: 10.37680/almanhaj.v5i1.2934
A. Hakim, R. Ahmad, S. Jaafar
This research aims to find out the renewal of NU (nahdatul ulama)'s fatwa of Bahsul Masail about the law of family planning (KB, keluarga Berencana, or family planning) in Indonesia, where it started from a law of haram, makruh, and halal. It specifies conditions through the maqasid shari'ah approach as a renewal of Islamic law. This study utilizes qualitative and descriptive analytical methods using a maqasid approach. In addition, the data that is obtained is analyzed descriptively by using deductive ideation methods. The results of this study are: 1) The reason for changing the legal fatwa on family planning( KB) from haram, makruh, and halal with condition is because of a new 'illat, namely the demands of the times. 2) Bahthul Masail NU agrees to the new fatwa under certain conditions. 3) The renewal of the new Family Planning Fatwa through the maqasid sharia approach can be carried out not only to avoid economic downturns but also to save the nation's children from caretakers, disease, low morality, faith, and crime, as well as other social ailments. Regarding the permissibility of the Bahtsul Masail Family Planning Program, NU has already paid attention to its goals (maqasid) and the conditions of society because family planning is essentially only a means or tool (wasail) to achieve goals (maqasid). Means for good and maslahah are considered permissible and sunnah, while means for evil and harm are considered makruh and unlawful.
{"title":"The Methodology of Reforming Islamic Law Fatwa Bahthul Masail Nahdhatu Ulama in Family Planning (KB) in Indonesia by the Maqasid Shari'ah Approach","authors":"A. Hakim, R. Ahmad, S. Jaafar","doi":"10.37680/almanhaj.v5i1.2934","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2934","url":null,"abstract":"This research aims to find out the renewal of NU (nahdatul ulama)'s fatwa of Bahsul Masail about the law of family planning (KB, keluarga Berencana, or family planning) in Indonesia, where it started from a law of haram, makruh, and halal. It specifies conditions through the maqasid shari'ah approach as a renewal of Islamic law. This study utilizes qualitative and descriptive analytical methods using a maqasid approach. In addition, the data that is obtained is analyzed descriptively by using deductive ideation methods. The results of this study are: 1) The reason for changing the legal fatwa on family planning( KB) from haram, makruh, and halal with condition is because of a new 'illat, namely the demands of the times. 2) Bahthul Masail NU agrees to the new fatwa under certain conditions. 3) The renewal of the new Family Planning Fatwa through the maqasid sharia approach can be carried out not only to avoid economic downturns but also to save the nation's children from caretakers, disease, low morality, faith, and crime, as well as other social ailments. Regarding the permissibility of the Bahtsul Masail Family Planning Program, NU has already paid attention to its goals (maqasid) and the conditions of society because family planning is essentially only a means or tool (wasail) to achieve goals (maqasid). Means for good and maslahah are considered permissible and sunnah, while means for evil and harm are considered makruh and unlawful.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79948903","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-26DOI: 10.37680/almanhaj.v5i1.2827
Lailatul Hanifah, Arimurti Kriswibowo
Surabaya City is the highest case of HIV/AIDS cases in East Java. This is a special concern for the Surabaya City government to handle this health case so that it does not spread more widely.. This study aims to describe and explain HIV/AIDS Prevention Policy in the Perspective of the Health Policy Triangle Analysis in the City of Surabaya.The type of research used in this research is descriptive qualitative. The research was conducted at the Surabaya city health office, community health centers and NGOs concerned with HIV/AIDS in the city of Surabaya. The results showed that (1) the actors involved in this treatment, care and support effort were the Surabaya City Health Office, UPTD Community Health Centers, Hospitals, Case Managers (MK), PLWHA, and NGOs. (2) the contents of the HIV/AIDS prevention policies in the city of Surabaya that have been implemented include ARV Treatment, Opportunistic Infection Monitoring (OI), Viraload Testing, Home Care, Supplementary Feeding (PMT), and Care Givers. (3) the context of the HIV/AIDS prevention policy in the city of Surabaya is a solution to an increase in the number of HIV/AIDS as well as guidelines for the prevention of HIV/AIDS in the city of Surabaya, although there are still problems namely the community's stigma against PLHIV which causes non-compliance of PLHIV in carrying out treatment in PDP services. (4) the process of implementing HIV/AIDS prevention policies in the city of Surabaya has been running well in accordance with the provisions of the regulations. The Surabaya city government has provided 43 PDP services as a referral for ODHA in carrying out treatment and care.
{"title":"Kebijakan Penanggulangan HIV/Aids dalam Perspektif Health Policy Triangle Analysis di Kota Surabaya","authors":"Lailatul Hanifah, Arimurti Kriswibowo","doi":"10.37680/almanhaj.v5i1.2827","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2827","url":null,"abstract":"Surabaya City is the highest case of HIV/AIDS cases in East Java. This is a special concern for the Surabaya City government to handle this health case so that it does not spread more widely.. This study aims to describe and explain HIV/AIDS Prevention Policy in the Perspective of the Health Policy Triangle Analysis in the City of Surabaya.The type of research used in this research is descriptive qualitative. The research was conducted at the Surabaya city health office, community health centers and NGOs concerned with HIV/AIDS in the city of Surabaya. The results showed that (1) the actors involved in this treatment, care and support effort were the Surabaya City Health Office, UPTD Community Health Centers, Hospitals, Case Managers (MK), PLWHA, and NGOs. (2) the contents of the HIV/AIDS prevention policies in the city of Surabaya that have been implemented include ARV Treatment, Opportunistic Infection Monitoring (OI), Viraload Testing, Home Care, Supplementary Feeding (PMT), and Care Givers. (3) the context of the HIV/AIDS prevention policy in the city of Surabaya is a solution to an increase in the number of HIV/AIDS as well as guidelines for the prevention of HIV/AIDS in the city of Surabaya, although there are still problems namely the community's stigma against PLHIV which causes non-compliance of PLHIV in carrying out treatment in PDP services. (4) the process of implementing HIV/AIDS prevention policies in the city of Surabaya has been running well in accordance with the provisions of the regulations. The Surabaya city government has provided 43 PDP services as a referral for ODHA in carrying out treatment and care.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88924224","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-26DOI: 10.37680/almanhaj.v5i1.2753
D. Kurniasih
The purpose of this research is to find and deeply analyze the legal protection for Shopee Paylater users experiencing bad credit under Law Number 8 of 1999 concerning Consumer Protection and the resolution of Shopee Paylater bad credit disputes through Online Dispute Resolution (ODR). The approach method in this research is a normative juridical approach. The data sources consist of primary data supported by secondary data. The primary legal data collection technique used a research instrument in the form of document studies and recording. The results of this research show that Article 1 Number 1 of Law Number 8 of 1999 concerning Consumer Protection aims to provide security in the form of protection for consumers when there are unfair conditions that affect the consumer. Furthermore, the resolution of Shopee Paylater bad credit disputes through Online Dispute Resolution (ODR) is the most appropriate alternative dispute resolution method for Shopee Paylater problems because it is more efficient and not hindered by geographical conditions.
{"title":"Legal Protection for Shopee Paylater Users Experiencing Bad Credit under Law Number 8 of 1999 concerning Consumer Protection.","authors":"D. Kurniasih","doi":"10.37680/almanhaj.v5i1.2753","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2753","url":null,"abstract":"The purpose of this research is to find and deeply analyze the legal protection for Shopee Paylater users experiencing bad credit under Law Number 8 of 1999 concerning Consumer Protection and the resolution of Shopee Paylater bad credit disputes through Online Dispute Resolution (ODR). The approach method in this research is a normative juridical approach. The data sources consist of primary data supported by secondary data. The primary legal data collection technique used a research instrument in the form of document studies and recording. The results of this research show that Article 1 Number 1 of Law Number 8 of 1999 concerning Consumer Protection aims to provide security in the form of protection for consumers when there are unfair conditions that affect the consumer. Furthermore, the resolution of Shopee Paylater bad credit disputes through Online Dispute Resolution (ODR) is the most appropriate alternative dispute resolution method for Shopee Paylater problems because it is more efficient and not hindered by geographical conditions.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83879337","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-26DOI: 10.37680/almanhaj.v5i1.2981
Nur Rizky Pratiwi, Irwansyah Irwansyah
The purpose of this study is to discuss the prohibition of LGBT in the World Cup. As one of the developed countries in the Middle East, of course Qatar is considered as one of the countries that has great influence in solving various problems in the global arena. Including their appearance at the 2022 World Cup. This World Series is very special because this is the first time this tournament has been held in the Middle East region. A thing that is quite rare considering the world of football is more inclined to European and Latin American football civilizations. The 2022 World Cup is going quite well, but controversial issues remain. The crux of the problem is that the state of Qatar prohibits LGBT attributes, which has led to harsh criticism from countries with their own understanding of LGBT. The research method used to solve this problem is normative law, and data is collected through primary data and analyzed qualitatively. This study claims that Qatar, which was chosen to host the World Cup, has the right to decide on several regulations according to the laws of the country. This has become FIFA's official rules as the organizer of the World Cup. One of Qatar's rules is to prohibit LGBT campaigns that violate Islamic religious law.
{"title":"Larangan Logo dan Simbolik LGBT pada Piala Dunia 2022 di Qatar Menurut Fiqh Siyasah dan Hubungan Internasional","authors":"Nur Rizky Pratiwi, Irwansyah Irwansyah","doi":"10.37680/almanhaj.v5i1.2981","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2981","url":null,"abstract":"The purpose of this study is to discuss the prohibition of LGBT in the World Cup. As one of the developed countries in the Middle East, of course Qatar is considered as one of the countries that has great influence in solving various problems in the global arena. Including their appearance at the 2022 World Cup. This World Series is very special because this is the first time this tournament has been held in the Middle East region. A thing that is quite rare considering the world of football is more inclined to European and Latin American football civilizations. The 2022 World Cup is going quite well, but controversial issues remain. The crux of the problem is that the state of Qatar prohibits LGBT attributes, which has led to harsh criticism from countries with their own understanding of LGBT. The research method used to solve this problem is normative law, and data is collected through primary data and analyzed qualitatively. This study claims that Qatar, which was chosen to host the World Cup, has the right to decide on several regulations according to the laws of the country. This has become FIFA's official rules as the organizer of the World Cup. One of Qatar's rules is to prohibit LGBT campaigns that violate Islamic religious law.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81251859","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-26DOI: 10.37680/almanhaj.v5i1.2855
Muhammad Rasyiid Amanda, Budi Pramono
Papuan Armed Criminal Group has carried out various attacks on TNI-POLRI , Papuan civilians, and migrant civilians in recent years. Every act of terrorism that occurs disturbs the Papuan people who live or work there. There are many victims of the KKB attack in Papua, ranging from military personnel, teaching staff, medical personnel, then students who are studying in their school. The type of research that the author uses in writing this thesis is normative juridical research. This type of research is research that seeks solutions to legal issues that arise to provide prescriptions regarding what should be the issues raised. And using the Conceptual Approach, Statute Approach, and Comparative Approach. The Papuan armed criminal group does not match the characteristics and definition of terrorists, in which terrorists do not aim to establish their own country and seek their sovereignty through militia and diplomacy. The Papuan Armed Criminal Group aims to get international attention, hoping that the land of Papua can become a sovereign country. The Indonesian government's steps should be Belligerent preventive not limited to tackling terrorists. Resolving disputes with Papuan armed criminal groups by not committing acts that are categorized as international crimes is through the mechanism of Military Operations Other than War, Regional Expansion, and Infrastructure Development in the land of Papua. However, if the Armed Criminal Group is included in the Belligerent category, the Indonesian government can carry out Military Operations for War but must comply with the Laws of War or Mediation, Conciliation, and International Arbitration.
{"title":"Resolusi Konflik Kelompok Kriminal Bersenjata Papua","authors":"Muhammad Rasyiid Amanda, Budi Pramono","doi":"10.37680/almanhaj.v5i1.2855","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2855","url":null,"abstract":"Papuan Armed Criminal Group has carried out various attacks on TNI-POLRI , Papuan civilians, and migrant civilians in recent years. Every act of terrorism that occurs disturbs the Papuan people who live or work there. There are many victims of the KKB attack in Papua, ranging from military personnel, teaching staff, medical personnel, then students who are studying in their school. The type of research that the author uses in writing this thesis is normative juridical research. This type of research is research that seeks solutions to legal issues that arise to provide prescriptions regarding what should be the issues raised. And using the Conceptual Approach, Statute Approach, and Comparative Approach. The Papuan armed criminal group does not match the characteristics and definition of terrorists, in which terrorists do not aim to establish their own country and seek their sovereignty through militia and diplomacy. The Papuan Armed Criminal Group aims to get international attention, hoping that the land of Papua can become a sovereign country. The Indonesian government's steps should be Belligerent preventive not limited to tackling terrorists. Resolving disputes with Papuan armed criminal groups by not committing acts that are categorized as international crimes is through the mechanism of Military Operations Other than War, Regional Expansion, and Infrastructure Development in the land of Papua. However, if the Armed Criminal Group is included in the Belligerent category, the Indonesian government can carry out Military Operations for War but must comply with the Laws of War or Mediation, Conciliation, and International Arbitration.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89482801","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-26DOI: 10.37680/almanhaj.v5i1.2436
Muhammad Basitur Ridwan
The kid is a gift of God Almighty, we must safeguard and care for him since every child has the right to survive. The rising number of occurrences of adult sexual abuse of kids both at school and in public settings implies a lack of child protection, as well as having a directly recognized physical and psychological effect by children as victims of sexual abuse. Sexual abuse of kids must be resisted with solid action and halted as soon as feasible. Prevention may be done via sex education, not just by parents but also by other parties, including schools. Child protection measures must begin as early as possible, so that children may engage ideally in the growth of the country and state, since everyone who performs their acts must be accountable and punished according to their actions.
{"title":"Pertanggung Jawaban Pidana Terhadap Pemerkosa Anak Kandung","authors":"Muhammad Basitur Ridwan","doi":"10.37680/almanhaj.v5i1.2436","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2436","url":null,"abstract":"The kid is a gift of God Almighty, we must safeguard and care for him since every child has the right to survive. The rising number of occurrences of adult sexual abuse of kids both at school and in public settings implies a lack of child protection, as well as having a directly recognized physical and psychological effect by children as victims of sexual abuse. Sexual abuse of kids must be resisted with solid action and halted as soon as feasible. Prevention may be done via sex education, not just by parents but also by other parties, including schools. Child protection measures must begin as early as possible, so that children may engage ideally in the growth of the country and state, since everyone who performs their acts must be accountable and punished according to their actions.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75872633","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-26DOI: 10.37680/almanhaj.v5i1.2826
Aullia vivi Yulianingrum, Mursidah Nurfadillah, Sayid Muhammad Riziq, Adinda Novitadiningrum
Implementation of Undang-Undang Cipta Kerja and Undang-undang Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining is considered by the Government as a form of policy for managing mining business activities which in fact has a significant impact on environmental damage and the existence of indigenous peoples around the coal mining area. This study aims to describe the implications of coal mining management policies for the existence of indigenous peoples in Samarinda. The research method used is legal research with a qualitative non-doctrinal approach, with the research location in Pampang Village, Samarinda. The data collection techniques are in the form of interviews and observations by purposive sampling. The results of the study show that natural resource policies provide too much convenience for investors, thus creating implications for the existence of customary law and management of business licenses that are out of control. In conclusion, the impact of environmental damage is so great that it is necessary to deregulate and de-bureaucratize the granting of mining business permits to prevent the extinction of customary values and the existence of indigenous and tribal peoples.
{"title":"Implikasi Kebijakan Pengelolaan Pertambangan Batubara Terhadap Eksistensi Masyarakat Hukum Adat Di Samarinda","authors":"Aullia vivi Yulianingrum, Mursidah Nurfadillah, Sayid Muhammad Riziq, Adinda Novitadiningrum","doi":"10.37680/almanhaj.v5i1.2826","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2826","url":null,"abstract":"Implementation of Undang-Undang Cipta Kerja and Undang-undang Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining is considered by the Government as a form of policy for managing mining business activities which in fact has a significant impact on environmental damage and the existence of indigenous peoples around the coal mining area. This study aims to describe the implications of coal mining management policies for the existence of indigenous peoples in Samarinda. The research method used is legal research with a qualitative non-doctrinal approach, with the research location in Pampang Village, Samarinda. The data collection techniques are in the form of interviews and observations by purposive sampling. The results of the study show that natural resource policies provide too much convenience for investors, thus creating implications for the existence of customary law and management of business licenses that are out of control. In conclusion, the impact of environmental damage is so great that it is necessary to deregulate and de-bureaucratize the granting of mining business permits to prevent the extinction of customary values and the existence of indigenous and tribal peoples.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80798399","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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