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Configuration the Thought of Islamic Law Throught Social Media in Indonesia 通过社交媒体配置印尼的伊斯兰教法思想
Pub Date : 2022-08-12 DOI: 10.59683/ijls.v1i2.21
Y. Sonafist
This study shows the reasoning behind Islamic law, which has recently become popular, along with the popularity of preachers through social media. Three themes of analysis are discussed in this study: the law of wishing Merry Christmas, the law of celebrating birthdays, and the law of music. Judging from the source, this research is text research. The text to be studied is in the form of lectures by well-known preachers on YouTube social media. This study uses an interdisciplinary approach, which combines discourse analysis with Islamic legal philosophy (ushul fiqh). The mapping of Islamic legal reasoning in this study is seen from two aspects, namely, the aspect of legal status and the aspect of legal methodology. This study found that the contestation occurred from legal status, as evidenced by the diversity of sources' opinions on the three issues examined here. In the methodological aspect, the contestation continues, both at the stage of the reasoning model, discovering maqshid sharia, and developing the theory of Islamic law. This study also found that using reasoning models positively correlated with the legal status they conveyed.
这项研究揭示了最近流行的伊斯兰教法背后的原因,以及通过社交媒体传播的传教士的人气。本研究探讨了三个分析主题:祝圣诞快乐的规律、庆祝生日的规律和音乐的规律。从来源上看,本研究属于文本研究。要研究的文本是YouTube社交媒体上知名传教士的讲座。本研究采用跨学科方法,将话语分析与伊斯兰法律哲学(ushul fiqh)相结合。本研究对伊斯兰法律推理的映射从两个方面来看,即法律地位方面和法律方法论方面。本研究发现,争论发生在法律地位上,这一点可以从来源对本文所研究的三个问题的不同意见中得到证明。在方法论方面,争论仍在继续,既在推理模型阶段,发现马克希德伊斯兰教法,发展伊斯兰法律理论。本研究还发现,使用推理模型与其所传达的法律地位正相关。
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引用次数: 0
Gratification Prevention and Control in PT PJB Ubjom Pacitan 太平洋地区PJB患者的满足预防与控制
Pub Date : 2022-08-11 DOI: 10.59683/ijls.v1i2.17
Ucuk Agiyanto, Lila Afrida Febriana
The practice of gratification has become commonplace in the corporate environment. To prevent gratification practices, a Gratification Control Unit was formed within PT PJB UBJOM Pacitan. With the establishment of the Gratification Control Unit, it is hoped that it can prevent and control gratification practices at PT PJB UBJOM Pacitan which incidentally is one of the subsidiaries of the State Electricity Company, which is part of the State-Owned Enterprises. This study aims to explain the basis of gratification control within the company and to find out how the practice of gratification control at PT PJB UBJOM Pacitan. This study uses a normative and empirical juridical approach, which is the relationship between statutory provisions and the implementation mechanism in the company. Prevention and control efforts that have been carried out are in the form of establishing a code of conduct between employees and stakeholders inside and outside the company. The field that plays a role in this gratification action is MMR (Quality and Risk Management), with socialization among parties within the company.
在公司环境中,满足的做法已经变得司空见惯。为了防止满足行为,PJB UBJOM Pacitan内部成立了一个满足控制小组。随着满足控制部门的成立,希望它可以预防和控制PT PJB UBJOM Pacitan的满足行为,该公司是国有企业下属的国家电力公司的子公司之一。本研究旨在解释公司内部满足控制的基础,并找出PT PJB UBJOM Pacitan的满足控制实践是如何进行的。本研究采用规范和实证的法理学方法,即法定规定与公司实施机制之间的关系。已经开展的预防和控制工作的形式是在员工和公司内外的利益相关者之间建立行为准则。在这种满足行为中发挥作用的领域是MMR(质量和风险管理),在公司内部各方之间进行社会化。
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引用次数: 0
Women’s Empowerment and Political Participation in Cross River South Senatorial District 克罗斯河南参议院区妇女赋权与政治参与
Pub Date : 2022-06-27 DOI: 10.59683/ijls.v1i2.16
Offiong Erete Ebong, Christopher N. Odock
This research empirically examined the level of women’s empowerment and political participation in the Cross River South Senatorial District (CRSSD), which comprises Akampka, Akpabuyo, Bakassi, Biase, Calabar Municipality, Calabar South, and Odukpani Local Government Areas. A purposive sampling procedure was used to select the study’s sample population. Two hundred and fifty-nine (259) structured questionnaires (used as data) were evenly distributed to respondents in the aforementioned local government areas. Using the split-half, test, and re-test procedures, these structured questionnaires were validated and evaluated for reliability to assure the credibility and use of the data collected for this study. The data obtained from our survey was subjected to descriptive and inferential statistical analysis to confirm the hypotheses generated to guide the study. The results revealed that women are underrepresented in governance and decision-making positions in the Cross River South Senatorial District. It was also noticed that women did not react favourably to the limited possibilities for increased political participation that were presented to them. Traditional gender roles, gender-based stereotypes and discriminatory attitudes, violence against women in politics, and a lack of financial resources were significant factors discouraging women from participating in politics. This work concludes that marginalised women’s views must be heard for societal progress and development.
本研究实证考察了克罗斯河南参议院区(CRSSD)的妇女赋权和政治参与水平,该地区包括阿坎姆卡、阿卡帕约、巴卡西、比耶斯、卡拉巴尔市、卡拉巴尔南部和奥杜帕尼地方政府区。有目的的抽样程序被用来选择研究的样本人群。259份结构化问卷(用作数据)均匀地分发给上述地方政府区域的受访者。使用对半、测试和再测试程序,对这些结构化问卷进行了验证和可靠性评估,以确保本研究收集的数据的可信度和使用。从我们的调查中获得的数据进行了描述性和推断性统计分析,以确认所产生的假设,以指导研究。结果显示,在克罗斯河南参议院区,妇女在治理和决策职位上的代表性不足。委员会还注意到,妇女对向她们提供的增加政治参与的有限机会反应不佳。传统的性别角色、基于性别的陈规定型观念和歧视态度、政治上对妇女的暴力行为以及缺乏财政资源是阻碍妇女参政的重要因素。这项工作的结论是,必须听取边缘化妇女的意见,以促进社会进步和发展。
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引用次数: 1
Sufism’s Status as the Balance of Islamic Law 苏菲主义在伊斯兰教法中的平衡地位
Pub Date : 2022-06-26 DOI: 10.59683/ijls.v1i2.13
Mosa Alblezi, Mohd Aderi Che Noh, Afiful Ikhwan, Saiful Anwar
The primary desideratum of this paper is to ascertain whether the Sufis are a part of the formative paradigm of the Islamic sciences, respecting the scholars and laws, or is it a schism which is heterogenic to the Islamic sciences. The method used is library. Processing and analyzing data through the process of compiling, categorizing data, looking for content links from various data obtained from the writings, thoughts and opinions of figures or experts.  The essential aspiration must be to construct an authentic evaluation of the traditions of the antecedent aficionados of the ideology without embellishing their educations. Moreover, this paper will present Sufism as a variant type of Islam compared to the typology established in the hermeneutics of the masses in the Occident. The people remain uninformed to the essence of spiritual Islam and consider the religion to be mundane and intolerant. This obliviousness is, of course, is to be expected as Muslims themselves have diverted from the path of esoteric knowledge, once ingrained in the Muslim heritage for over a millennium. While the names of Ghazali and Rumi are renowned, their creed and methodologies are not often evaluated or championed. For this purpose, a meticulous approach is necessitated, through which the reader will ascertain a more thorough and objective comprehension of the faith.
本文的主要目的是确定苏菲派是否是伊斯兰科学的形成范式的一部分,尊重学者和法律,或者它是伊斯兰科学的异质分裂。使用的方法是library。对数据进行处理和分析,从人物或专家的著作、思想和观点中获得的各种数据中寻找内容链接。最基本的愿望必须是在不美化其教育的情况下,对意识形态的先前狂热者的传统构建一种真实的评价。此外,本文将苏菲主义作为伊斯兰教的一种变体类型,与西方大众解释学中建立的类型相比较。人们仍然不了解精神伊斯兰教的本质,认为宗教是世俗的和不宽容的。当然,这种遗忘是可以预料到的,因为穆斯林自己已经偏离了深奥知识的道路,而这条道路曾经在穆斯林遗产中根深蒂固了一千多年。虽然Ghazali和Rumi的名字是著名的,但他们的信条和方法并不经常被评估或拥护。为了达到这个目的,一个细致的方法是必要的,通过它,读者将确定一个更彻底和客观的信仰理解。
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引用次数: 0
Analysis Legal Protection Towards Wife as a Victim in Case Domestic Violence 浅析家庭暴力案件中对妻子受害人的法律保护
Pub Date : 2022-06-25 DOI: 10.59683/ijls.v1i2.12
Ferry Irawan Febriansyah, Lucky Andriansyah
The purpose of this study was to obtain data and explain the factors that cause domestic violence. In addition, it is also to explain how far the development of legal protection for wives as victims of domestic violence. This study uses a normative legal research method with a legal approach. Data collected directly from the community is called primary data, while data through library sources is called secondary data, laws and regulations, scientific publications, journals, and research-related papers. Research findings are presented in the form of a systematic description. To evaluate the collected data, a normative analysis approach will be used. Factors causing domestic violence. First, there is a disparity between men and women, both at home and in public. Second, domestic violence is associated with power dynamics between husband and wife and with gender inequality in society. Legal protection for wives who are victims of husband violence. Forms of legal protection for women victims of violence are contained in the Law on the Elimination of Domestic Violence (Law No. 23 of 2004). Forms of legal protection include victims' rights in the form of: protection from family, police, prosecutors, courts, advocates, or other parties temporarily or based on protection orders from courts, health services according to medical needs, and special treatment. Legal protection for perpetrators of physical violence, psychological violence, and sexual violence consists of criminal sanctions.
本研究的目的是获取数据,并解释导致家庭暴力的因素。此外,还说明了对妻子作为家庭暴力受害者的法律保护发展到什么程度。本研究采用规范的法律研究方法与法律途径相结合。直接从社区收集的数据称为初级数据,而通过图书馆来源收集的数据称为次级数据、法律法规、科学出版物、期刊和研究相关论文。研究结果以系统描述的形式呈现。为了评估收集的数据,将使用规范分析方法。导致家庭暴力的因素。首先,男女在家庭和公共场合都存在差异。第二,家庭暴力与夫妻之间的权力动态以及社会中的性别不平等有关。为遭受丈夫暴力的妻子提供法律保护。《消除家庭暴力法》(2004年第23号法)规定了对暴力受害妇女的法律保护形式。法律保护的形式包括受害者的权利,其形式包括:暂时或基于法院的保护令而受到家庭、警察、检察官、法院、辩护人或其他当事方的保护,根据医疗需要提供保健服务,以及特殊待遇。对身体暴力、心理暴力和性暴力施暴者的法律保护包括刑事制裁。
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引用次数: 0
The Black Lives Matter Movement Affected the View About Racism in the World 黑人的命也是命运动影响了世界对种族主义的看法
Pub Date : 2022-04-01 DOI: 10.59683/ijls.v1i1.11
Bobur Bakhrom ugli Toshbekov
The study demonstrates that public interest in the BLM plan is fast-growing, even though media and social media data are being utilized to verify BLM protests. While the protests are over, BLM and related issues will be discussed. The acts are likely to have influenced BLM's ideas on social change and grasp of anti-racist ideologies. Because of the Black Lives Movement, racism has changed significantly. Racism has had a significant impact on modern society because it has drawn attention and made people more aware of the fundamental nature of racism. One can't say for sure how many discriminatory acts it has stopped, but it's possible. But it has looked into all of the discriminatory actions that have gone unanswered for a long time now that it has.
该研究表明,公众对土地管理处计划的兴趣正在迅速增长,尽管媒体和社交媒体数据正在被用来核实土地管理处的抗议。抗议结束后,将讨论土地管理署和相关问题。这些行为很可能影响了BLM对社会变革的看法和对反种族主义意识形态的把握。由于“黑人的命”运动,种族主义发生了重大变化。种族主义对现代社会产生了重大影响,因为它引起了人们的注意,使人们更加意识到种族主义的根本性质。我们不能确定它已经阻止了多少歧视行为,但这是可能的。但它已经调查了所有的歧视行为,这些行为在很长一段时间内都没有得到答复。
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引用次数: 0
Urgency of Criminal Functionality on the Perpetrators of Santet Santet行为人刑事功能的紧迫性
Pub Date : 2022-01-30 DOI: 10.59683/ijls.v1i1.10
Dedi Kurniawan, Saiful Anwar
The belief in the existence of supernatural crimes is inherent in the lives of Indonesian people, the view of people who think that santet is something that can cause harm to others makes santet seen as a crime. Santet is an act of harming others using magic. Departing from this, this study aims to explore criminal law for users of santet crimes. The method used in this research is normative legal research, data obtained through literature study. The study results show that in criminal understanding, santet can be legally accounted for by reviewing articles that substantially imply regulation not only on general issues but also on uncommon issues such as santet. Sorting and clustering the substance of santet becomes the central point so that the arguments issued can be legally accounted for, caution in understanding the sides of the importance of santet will lead to ideas that can be justified. In the understanding of the criminal law of santet which is still difficult to accept by many people, in fact theoretically capable of being legally responsible, an open view of legal issues is the key to how the law can be fully enforced on everything that violates the rights of others, as well as on problems santet by the discussion that has been explained that in understanding the law must be open but not out of the rules of the substance of the existing article.
相信超自然犯罪的存在是印尼人生活中固有的,人们认为santet会对他人造成伤害,这使得santet被视为一种犯罪。Santet是一种使用魔法伤害他人的行为。在此基础上,本研究旨在探讨网络犯罪使用者的刑法问题。本研究采用的方法是规范法研究,数据通过文献研究获得。研究结果表明,在刑事理解中,santet可以通过审查实质上不仅对一般问题而且对诸如santet之类的不常见问题进行监管的文章来合法解释。对santet的实质进行分类和聚类成为中心点,这样所发表的论点就可以得到合法的解释,谨慎地理解santet重要性的各个方面将导致可以证明的观点。santet的刑法的理解仍然是许多人难以接受,其实理论上能够承担法律责任,一个开放的法律问题的关键是如何完全执行一切法律侵犯了他人的权利,以及santet的问题的讨论一直解释说,在理解法律必须开放而不是物质的规则的现有的文章。
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引用次数: 1
Mandatory Wills for Adultery Children, Analysis of the Compilation of Islamic Law from the Perspective of Maqasid Syariah Al-Syatibi 通奸子女的强制遗嘱——从Maqasid Syariah Al-Syatibi的视角看伊斯兰教法的编纂
Pub Date : 2022-01-29 DOI: 10.59683/ijls.v1i1.4
Z. Arifin, Z. Mahmudi
Over time, the development of Islamic law in Indonesia shows relatively rapid growth, both from the institutionalization of law and contemporary Islamic studies. One of them is the mandatory will listed in the Compilation of Islamic Law (KHI) Article 209 Paragraphs 1 and 2. The mandatory will intended in this KHI is the taking of property from the adoptive parent for the adopted child or from the adopted parent for the adoptive parent through a mandatory decision of the award, whether the deceased person pronounces or writes the will when living or not. This KHI is a set of Islamic laws that are the product of Indonesian scholars to answer problems in the community and become a formal reference of judges in deciding a case. Tururanan, from the will of the obligation in the KHI, can then be implemented a mandatory will for adultery children as a protection against it.  This article uses the library research approach and philosophical qualitative-juridical methods, then analyzed using maqasid shari'ah al-Syatibi, in terms of propositions, illah, and maslahat justice by the purpose of shari'ah. Whether the concept of compulsory will for adulterous children is under the objectives of sharia to create ummat benefits or not, the results can later be used as references and evaluation materials by legal experts and legal practitioners in the termination of the court and study materials for academics.
随着时间的推移,无论是从法律的制度化还是从当代伊斯兰研究来看,印尼伊斯兰法的发展都呈现出相对快速的增长。其中之一是《伊斯兰教法汇编》(KHI)第209条第1款和第2款中列出的强制性遗嘱。本KHI中所指的强制遗嘱是指,无论死者生前是否发表或书写遗嘱,通过强制裁决,从养父母处为养子女取得财产,或从养父母处为养父母取得财产。KHI是一套伊斯兰教法,是印尼学者解答社区问题的产物,并成为法官在判决案件时的正式参考。图拉南,从遗嘱的义务在KHI,然后可以实施强制性遗嘱对通奸儿童作为一种保护。本文运用图书馆研究法和哲学质法学方法,从伊斯兰教法的命题、伊斯兰教法、伊斯兰教法目的下的伊斯兰教法正义等方面对伊斯兰教法进行了分析。无论通奸子女强制遗嘱的概念是否在伊斯兰教法的目标下创造乌玛特利益,其结果都可以作为法律专家和法律从业者在法院终止时的参考和评价材料,也可以作为学术界的研究材料。
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引用次数: 1
Tackling Offshore Oil Spills to Achieve Maritime Security in Indonesia 印尼应对海上石油泄漏,实现海上安全
Pub Date : 2022-01-28 DOI: 10.59683/ijls.v1i1.5
Desty Bulandari, Widodo, B. Yulianto
The increasing demand for and investment in energy production from offshore oil and gas sources in Southeast Asian countries, including Indonesia, has increased the risk of offshore oil spills. This study aimed to describe offshore oil spill response to achieve maritime security in Indonesia. This research is qualitative with findings without going through statistical testing and collecting data sources through library research. Data were analyzed through data condensation, data display, and conclusion drawing and verifying. Environmental, maritime security, mainly from pollution, is classified as the closest part to the marine safety dimension, which aims to protect the marine environment and the blue economy-related to aquatic resources. Oil spills can cause substantial economic losses and endanger ecological systems and community health. The shortcomings in handling the 2009 Montara case showed that offshore oil spill response to achieve maritime security in Indonesia is not optimal.
包括印度尼西亚在内的东南亚国家对海上油气资源能源生产的需求和投资不断增加,增加了海上石油泄漏的风险。本研究旨在描述海上石油泄漏的反应,以实现海上安全在印度尼西亚。本研究是定性的,没有经过统计测试,也没有通过图书馆研究收集数据来源。通过数据浓缩、数据显示、得出结论并验证等步骤对数据进行分析。环境方面,海上安全主要是污染方面的安全,是最接近海洋安全维度的部分,旨在保护海洋环境和与水产资源相关的蓝色经济。石油泄漏会造成巨大的经济损失,危害生态系统和社区健康。在处理2009年蒙塔拉事件中存在的缺陷表明,在印尼,海上溢油应急措施并不是实现海上安全的最佳途径。
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引用次数: 0
Kediri Government Policy Before Year End Holiday Middle of The Covid-19 Pandemic 在2019冠状病毒大流行期间,政府在年底假期前的政策
Pub Date : 2022-01-26 DOI: 10.59683/ijls.v1i1.1
Janatul Rona Megananta, A. M. Fauzi
During the current pandemic, all health protocol policies must be adhered to. This is because the number of people who die every day is skyrocketing due to the Covid-19 virus. The method I use in this research is a qualitative approach, through direct observation and interviews with the people of Kresek Village, Tempurejo Village, Pesantren District, Kediri City. The city government of Kediri has issued a policy, especially Large-Scale Social Restrictions (PSBB), namely a ban on leaving the house to celebrate year-end holidays. This policy is strictly enforced for all residents not to leave the house to celebrate the year-end holidays. The Kediri City Government recommends that every village maintain security at each post. Uniquely, the sanctions given in each village are different. In the Tempurejo area, if there are people who go out to celebrate the end of the year, they are given a sanction of going around the village for 8 rounds, besides that there is also a policy that if they want to go out of town but do not bring a health certificate and a health certificate, they must spend the night in the Kelurahan, for approx. 8 hours for quarantine. This policy is an initiative of the RT/RW, Kelurahan and Covid-19 cluster, especially in Tempurejo Village, to support the Kediri City Government's Large-Scale Social Restrictions (PSBB) efforts in reducing mortality and COVID-19 during the year-end holidays in the Kediri City area.
在当前大流行期间,必须遵守所有卫生议定书政策。这是因为每天因新冠肺炎死亡的人数都在急剧增加。我在本研究中使用的方法是定性方法,通过直接观察和采访克迪里市Pesantren区Tempurejo村Kresek村的人们。Kediri市政府发布了一项政策,特别是大规模社会限制(PSBB),即禁止离开家庆祝年终假期。这一政策严格执行,所有居民不得离开家庆祝年终假期。克迪里市政府建议每个村庄在每个哨所维持安全。独特的是,每个村庄给予的制裁是不同的。在Tempurejo地区,如果有人外出庆祝年末,他们将被罚绕村8圈,除此之外,还有一项政策,如果他们想要出城,但没有携带健康证明和健康证明,他们必须在Kelurahan过夜,费用约为800美元。8小时隔离这项政策是RT/RW、Kelurahan和Covid-19小组(特别是在Tempurejo村)的一项倡议,旨在支持Kediri市政府在年底假期期间为降低死亡率和Covid-19所做的大规模社会限制(PSBB)工作。
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引用次数: 1
期刊
International Journal of Law and Society (IJLS)
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