The objective concerning Anti-Illegal Gratification in the Perspective of Islamic Law and the Culture of Bugis-Makassar Community is to provide a profound understanding of the practice of illegal gratification within the Bugis-Makassar cultural context and Islamic legal perspective. This discussion also aims to provide a strong foundation for formulating effective prevention strategies related to illegal gratification. By exploring the perspectives of Islamic law and the culture of the Bugis-Makassar community, this discussion is expected to contribute positively to efforts to prevent illegal gratification and corruption in the Bugis-Makassar community, as well as to strengthen awareness of the importance of integrity and honesty in social interactions. This research employs a meticulous and in-depth literature review method, combining various reference sources. It is hoped that this research will provide a comprehensive understanding of the issue of illegal gratification from the perspectives of Islamic law and the culture of the Bugis-Makassar community. From the findings of this research, it can be concluded that efforts to prevent illegal gratification from the perspective of Islamic law and the culture of the Bugis-Makassar community require a holistic approach that integrates local cultural values with Islamic legal principles. Concrete steps are needed to address existing challenges and strengthen social awareness of the importance of integrity and honesty in social interactions.
{"title":"ISLAMIC LAW AND BUGIS-MAKASSAR CULTURE: AN APPROACH TO ANTI-ILLEGAL GRATIFICATION","authors":"Andi Marlina, Andi Muliyono, Nurjanah Lahangatubun","doi":"10.30863/aldustur.v7i1.6271","DOIUrl":"https://doi.org/10.30863/aldustur.v7i1.6271","url":null,"abstract":"The objective concerning Anti-Illegal Gratification in the Perspective of Islamic Law and the Culture of Bugis-Makassar Community is to provide a profound understanding of the practice of illegal gratification within the Bugis-Makassar cultural context and Islamic legal perspective. This discussion also aims to provide a strong foundation for formulating effective prevention strategies related to illegal gratification. By exploring the perspectives of Islamic law and the culture of the Bugis-Makassar community, this discussion is expected to contribute positively to efforts to prevent illegal gratification and corruption in the Bugis-Makassar community, as well as to strengthen awareness of the importance of integrity and honesty in social interactions. This research employs a meticulous and in-depth literature review method, combining various reference sources. It is hoped that this research will provide a comprehensive understanding of the issue of illegal gratification from the perspectives of Islamic law and the culture of the Bugis-Makassar community. From the findings of this research, it can be concluded that efforts to prevent illegal gratification from the perspective of Islamic law and the culture of the Bugis-Makassar community require a holistic approach that integrates local cultural values with Islamic legal principles. Concrete steps are needed to address existing challenges and strengthen social awareness of the importance of integrity and honesty in social interactions.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"54 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141381908","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 : 2024-06-03DOI: 10.30863/aldustur.v7i1.6019
Tarmizi Tarmizi, M. Misbahuddin, Kurniati Kurniati, Muhammad Imran
The presence of social media which facilitates interaction and provides openness of information not only produces positive impacts, but there are also negative impacts, such conflicts between social media users. This research aims to analyze the causes of conflicts easily occurring on social media and their implications as well as the response of Islamic law in providing solutions to conflicts on social media. By gathering information from online news sources along with relevant research findings, this study was conducted in a literary style. The collected data was then descriptively examined utilizing an Islamic legal framework. This study discovered that publishing about SARA topics, miscommunication, sensitivity, the propagation of misleading information, and cyberbullying were the main causes of conflict on social media. The conflict that occurred resulted in the opening of space for conflict and violence offline, loss of trust between social media users and the disintegration of the nation through the spread of fake news or mutual arguments, which had implications for the breakdown of unity and diversity in society. The construction of Islamic law exists as a response to conflicts that occur on social media, including mutual respect for fellow social media users, prioritizing tabayyun before receiving or forwarding news, being moderate towards differences of opinion and grounding the concept of Islamic social values as a construction of Islamic legal thought in answering problems based on digitalization.
社交媒体促进了互动并提供了开放的信息，它的存在不仅产生了积极的影响，同时也带来了负面影响，如社交媒体用户之间的冲突。本研究旨在分析社交媒体上容易发生冲突的原因及其影响，以及伊斯兰法在为社交媒体上的冲突提供解决方案方面的应对措施。通过从网络新闻来源收集信息，并结合相关研究成果，本研究以文学形式进行。然后利用伊斯兰法律框架对收集到的数据进行描述性研究。本研究发现，发布有关 SARA 的话题、沟通不畅、敏感性、传播误导性信息和网络欺凌是社交媒体上冲突的主要原因。冲突的发生导致了线下冲突和暴力空间的开放、社交媒体用户之间信任的丧失，以及通过假新闻的传播或相互争论造成的民族分裂，这对社会团结和多样性的瓦解产生了影响。伊斯兰法律的构建是为了应对社交媒体上发生的冲突，包括相互尊重社交媒体用户，在接收或转发新闻之前优先考虑 "塔巴雍"（tabayyun），温和对待意见分歧，以及将伊斯兰社会价值观的概念作为伊斯兰法律思想构建的基础，以解决基于数字化的问题。
{"title":"HOW ISLAMIC LAW IS CONSTRUCTED TO ADDRESS CONFLICT VULNERABILITY ON SOCIAL MEDIA","authors":"Tarmizi Tarmizi, M. Misbahuddin, Kurniati Kurniati, Muhammad Imran","doi":"10.30863/aldustur.v7i1.6019","DOIUrl":"https://doi.org/10.30863/aldustur.v7i1.6019","url":null,"abstract":"The presence of social media which facilitates interaction and provides openness of information not only produces positive impacts, but there are also negative impacts, such conflicts between social media users. This research aims to analyze the causes of conflicts easily occurring on social media and their implications as well as the response of Islamic law in providing solutions to conflicts on social media. By gathering information from online news sources along with relevant research findings, this study was conducted in a literary style. The collected data was then descriptively examined utilizing an Islamic legal framework. This study discovered that publishing about SARA topics, miscommunication, sensitivity, the propagation of misleading information, and cyberbullying were the main causes of conflict on social media. The conflict that occurred resulted in the opening of space for conflict and violence offline, loss of trust between social media users and the disintegration of the nation through the spread of fake news or mutual arguments, which had implications for the breakdown of unity and diversity in society. The construction of Islamic law exists as a response to conflicts that occur on social media, including mutual respect for fellow social media users, prioritizing tabayyun before receiving or forwarding news, being moderate towards differences of opinion and grounding the concept of Islamic social values as a construction of Islamic legal thought in answering problems based on digitalization.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"37 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141389149","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 : 2024-06-03DOI: 10.30863/aldustur.v7i1.6187
Hazar Kusmayanti, Agus Suwandono
Due to the existence of three distinct systems of inheritance law—civil heirship law, Islamic inheritor ship law, and customary inherited law—Indonesian inheritance law is still pluralistic. There are parallels and variances among the components of inheritance law because there are variations in the legal system governing such inheritance. Finding out how inheritance disputes are resolved in Banceuy Customary Village in relation to Islamic law is the aim of this study. This normative research approach employs descriptive analytical research specifications, which involve describing, analyzing, and putting into practice the relevant legal laws. Research indicates that, even though the indigenous communities in the Banceuy district of Subang are Islamic, the law of parental inheritance appears to apply to the indigenous village. However, the division of inherits appears to be dependent on the affinity system in place, as the group of heirs equally accounted for the relationship of relativity through the male and female lines. This division of inheritance falls under the category of the receptie theory, which was abandoned but held that Muslims are subject to Islamic law if it is accepted or mandated by customary law. The concept of equal inheritance division in the indigenous village of Banceuy, if linked to Islamic law, the author claims, originated from a cooperative agreement that was carried out successively so that it became a customary practice that was initially a disclaimer for the implementation of division of heritage religiously or disclaimed.
{"title":"THE DYNAMICS OF APPLYING BOTH ISLAMIC AND CONVENTIONAL LAW IN THE INHERITANCE OF BANCEAUY CUSTOMARY VILLAGE","authors":"Hazar Kusmayanti, Agus Suwandono","doi":"10.30863/aldustur.v7i1.6187","DOIUrl":"https://doi.org/10.30863/aldustur.v7i1.6187","url":null,"abstract":"Due to the existence of three distinct systems of inheritance law—civil heirship law, Islamic inheritor ship law, and customary inherited law—Indonesian inheritance law is still pluralistic. There are parallels and variances among the components of inheritance law because there are variations in the legal system governing such inheritance. Finding out how inheritance disputes are resolved in Banceuy Customary Village in relation to Islamic law is the aim of this study. This normative research approach employs descriptive analytical research specifications, which involve describing, analyzing, and putting into practice the relevant legal laws. Research indicates that, even though the indigenous communities in the Banceuy district of Subang are Islamic, the law of parental inheritance appears to apply to the indigenous village. However, the division of inherits appears to be dependent on the affinity system in place, as the group of heirs equally accounted for the relationship of relativity through the male and female lines. This division of inheritance falls under the category of the receptie theory, which was abandoned but held that Muslims are subject to Islamic law if it is accepted or mandated by customary law. The concept of equal inheritance division in the indigenous village of Banceuy, if linked to Islamic law, the author claims, originated from a cooperative agreement that was carried out successively so that it became a customary practice that was initially a disclaimer for the implementation of division of heritage religiously or disclaimed.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"113 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141388682","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 : 2023-12-02DOI: 10.30863/aldustur.v6i2.3042
Alek Gromiko, Baharudin Baharudin, Rosita R
Prisons are closed places with high occupancy rates and are very vulnerable to the spread of Global Pandemic, so a policy from the government is needed to prevent the spread of Global Pandemic in the prison environment..This study uses a normative juridical approach and an empirical juridical approach. Collecting data by field studies and literature studies. Data analysis was carried out in a qualitative juridical manner, namely the analysis was carried out descriptively. Research results discussImplementing prison authoritiesis a Class I prison policy in Bandar Lampung which applies visitation restrictions for inmates in the form of online visits via Whatsapp media based on the instructions of the Director General of Corrections Number: PAS-08.OT.02.02 of 2020 concerning Prevention, Handling, Control and Recovery of Corona Virus Disease (Global Pandemic) at the Correctional Technical Implementation Unit. The inhibiting factor consists of interference with the internet connection at the destination number. is a network problem that is used for online visitation services with the Correctional Database System and does not yet have a special network with the Correctional Database System and the current factor of facilities for video call services is still very lacking, because when conditions are crowded the queues of inmates to be able to use online visit services are sufficient long.
{"title":"AUTHORITY OF CLASS I PENITENTIARIES BANDAR LAMPUNG AS A PUBLIC SERVICE IN HANDLING GLOBAL PANDEMIC","authors":"Alek Gromiko, Baharudin Baharudin, Rosita R","doi":"10.30863/aldustur.v6i2.3042","DOIUrl":"https://doi.org/10.30863/aldustur.v6i2.3042","url":null,"abstract":"Prisons are closed places with high occupancy rates and are very vulnerable to the spread of Global Pandemic, so a policy from the government is needed to prevent the spread of Global Pandemic in the prison environment..This study uses a normative juridical approach and an empirical juridical approach. Collecting data by field studies and literature studies. Data analysis was carried out in a qualitative juridical manner, namely the analysis was carried out descriptively. Research results discussImplementing prison authoritiesis a Class I prison policy in Bandar Lampung which applies visitation restrictions for inmates in the form of online visits via Whatsapp media based on the instructions of the Director General of Corrections Number: PAS-08.OT.02.02 of 2020 concerning Prevention, Handling, Control and Recovery of Corona Virus Disease (Global Pandemic) at the Correctional Technical Implementation Unit. The inhibiting factor consists of interference with the internet connection at the destination number. is a network problem that is used for online visitation services with the Correctional Database System and does not yet have a special network with the Correctional Database System and the current factor of facilities for video call services is still very lacking, because when conditions are crowded the queues of inmates to be able to use online visit services are sufficient long.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"114 13","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138607280","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}
It is important to determine the Qibla direction accurately, because it is a requirement for the validity of prayer and this article discusses the Qibla direction of cemeteries, especially in Bone District, by taking direct measurement at the location of the cemetery. This is a field research which is oriented to several cemeteries in Bone District using qualitative descriptive analysis and multi-approaches, namely normative theological, sociological, historical, and modern technological approaches. The data collected through this research were obtained from direct observation at several public cemeteries in Bone District and documentation during the observation. The results show that the direction of the cemeteries at the research sites is different, so it can be concluded that the measurement of the Qibla direction at these locations still uses the classical method, such as following the direction where the sun sets in the evening and looking for clues through the stars at night to determine the Qibla direction, although those methods are still just an estimate due to the lack of public understanding of measuring the Qibla direction. From this research, the researchers hope that people will understand more about the Qibla direction, not only based on the place where the sun sets, but also determine the Qibla using astronomical tools, both manual and modern. In this way, the astronomical science will further develop and the issue of Qibla will no longer be a matter of debate, because it uses proper knowledge.
{"title":"THE ACCURACY OF QIBLA DIRECTION OF CEMETERIES USING MODERN QIBLA TOOLS","authors":"Suriah Pebriyani Jasmin, Ashar Anas, Muspita Sari, Muh. Fadli Mangenre, LD Dian Hidayat S.","doi":"10.30863/aldustur.v6i2.4800","DOIUrl":"https://doi.org/10.30863/aldustur.v6i2.4800","url":null,"abstract":"It is important to determine the Qibla direction accurately, because it is a requirement for the validity of prayer and this article discusses the Qibla direction of cemeteries, especially in Bone District, by taking direct measurement at the location of the cemetery. This is a field research which is oriented to several cemeteries in Bone District using qualitative descriptive analysis and multi-approaches, namely normative theological, sociological, historical, and modern technological approaches. The data collected through this research were obtained from direct observation at several public cemeteries in Bone District and documentation during the observation. The results show that the direction of the cemeteries at the research sites is different, so it can be concluded that the measurement of the Qibla direction at these locations still uses the classical method, such as following the direction where the sun sets in the evening and looking for clues through the stars at night to determine the Qibla direction, although those methods are still just an estimate due to the lack of public understanding of measuring the Qibla direction. From this research, the researchers hope that people will understand more about the Qibla direction, not only based on the place where the sun sets, but also determine the Qibla using astronomical tools, both manual and modern. In this way, the astronomical science will further develop and the issue of Qibla will no longer be a matter of debate, because it uses proper knowledge.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"84 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138606315","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 : 2023-12-02DOI: 10.30863/aldustur.v6i2.4188
Sri Maharani M.T.V.M., Pambudi Tri Laksono
This research discusses the implementation of Know Your Customer Principles in granting home ownership loans at BTN Bank Surabaya Branch. This research uses a type of empirical juridical method that is data analysis and starting from primary data. Sources of data obtained through interviews with the Loan Officer / Consumer Lending Unit Staff at Bank BTN Cabang Surabaya, legislation, dictionaries, books that are still valid. Data collection methods using interviews and literature studies. The data analysis method uses a qualitative approach. The results and discussion of the research can be concluded that the implementation of the principle of knowing the customer in granting home ownership loans at Bank BTN Cabang Surabaya is basically in accordance with the basic provisions of Bank Indonesia Regulation 5/21 / PBI / 2003 on Amendments to Bank Indonesia Regulation 3 / PBI / 2001 concerning Implementation of the Know Your Customer Principle, but on the other hand there are still frequent defaults in granting home ownership loans caused by customers who was not trustworthy, based on data in 2018, 2019, 2020, 2021 and 2022 as many as 519 customers have defaulted. Thus, if defaults continue to occur in the health of the bank decreases and suffers losses, therefore things can be done with 2 (two) legal protections, namely preventive law and reprensive law. This settlement is carried out by non-litigation and litigation channels that seek to resolve problem loans so that the bank continues to run its business without being constrained and the bank can open its newest products.
{"title":"IMPLEMENTATION OF THE PRINCIPLE OF “KNOWING THE CUSTOMER” IN GRANTING HOME OWNERSHIP LOANS AT BANK BTN CABANG SURABAYA","authors":"Sri Maharani M.T.V.M., Pambudi Tri Laksono","doi":"10.30863/aldustur.v6i2.4188","DOIUrl":"https://doi.org/10.30863/aldustur.v6i2.4188","url":null,"abstract":"This research discusses the implementation of Know Your Customer Principles in granting home ownership loans at BTN Bank Surabaya Branch. This research uses a type of empirical juridical method that is data analysis and starting from primary data. Sources of data obtained through interviews with the Loan Officer / Consumer Lending Unit Staff at Bank BTN Cabang Surabaya, legislation, dictionaries, books that are still valid. Data collection methods using interviews and literature studies. The data analysis method uses a qualitative approach. The results and discussion of the research can be concluded that the implementation of the principle of knowing the customer in granting home ownership loans at Bank BTN Cabang Surabaya is basically in accordance with the basic provisions of Bank Indonesia Regulation 5/21 / PBI / 2003 on Amendments to Bank Indonesia Regulation 3 / PBI / 2001 concerning Implementation of the Know Your Customer Principle, but on the other hand there are still frequent defaults in granting home ownership loans caused by customers who was not trustworthy, based on data in 2018, 2019, 2020, 2021 and 2022 as many as 519 customers have defaulted. Thus, if defaults continue to occur in the health of the bank decreases and suffers losses, therefore things can be done with 2 (two) legal protections, namely preventive law and reprensive law. This settlement is carried out by non-litigation and litigation channels that seek to resolve problem loans so that the bank continues to run its business without being constrained and the bank can open its newest products.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"86 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138606133","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 : 2023-10-28DOI: 10.30863/aldustur.v6i2.5141
Nur Paikah, Marjana Fahri
The existence of rights to the management of jointly inherited rice fields and the concept of legal reconstruction of the control of inherited rice fields is qualitative research; the approach used is social, legal research, data collection through interviews, observation, and documentation. Data analysis includes data reduction, data presentation, and conclusion drawing. The study results describe the management of jointly inherited rice fields using three systems: the individual inheritance system, the mayoral inheritance system, and the collective inheritance system, especially in the community where there is a habit of using the collaborative inheritance management system for rice fields. The management of the jointly inherited rice fields still exists where the rice fields are not sold only with an agreement that the inheritance will be received in turn with relatives and become a souvenir from the parents. Conflicts often arise because the collective inheritance system is carried out only verbally. Hence, there is a need for legal reconstruction to make a written agreement involving witnesses and the local government so that no party is harmed.
{"title":"LEGAL RECONSTRUCTION OF INHERITED RICE FIELD MANAGEMENT RIGHTS IN BONE, SOUTH SULAWESI","authors":"Nur Paikah, Marjana Fahri","doi":"10.30863/aldustur.v6i2.5141","DOIUrl":"https://doi.org/10.30863/aldustur.v6i2.5141","url":null,"abstract":"The existence of rights to the management of jointly inherited rice fields and the concept of legal reconstruction of the control of inherited rice fields is qualitative research; the approach used is social, legal research, data collection through interviews, observation, and documentation. Data analysis includes data reduction, data presentation, and conclusion drawing. The study results describe the management of jointly inherited rice fields using three systems: the individual inheritance system, the mayoral inheritance system, and the collective inheritance system, especially in the community where there is a habit of using the collaborative inheritance management system for rice fields. The management of the jointly inherited rice fields still exists where the rice fields are not sold only with an agreement that the inheritance will be received in turn with relatives and become a souvenir from the parents. Conflicts often arise because the collective inheritance system is carried out only verbally. Hence, there is a need for legal reconstruction to make a written agreement involving witnesses and the local government so that no party is harmed.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136232871","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 : 2023-08-24DOI: 10.30863/aldustur.v6i2.4942
Rizki Ramadani, Muhammad Ya'rif Arifin
The establishment of the Independent State Commission and other non-structural institutions was one of the alterations in the structure of the Indonesian constitution during the transition era and after the 1945 Constitution was amended. It is not uncommon for these Commissions to face criticism and controversy due to their autonomous authority and independence from the major branches of power. The objective of this research is to examine and describe the primary traits of such an institution in order for it to be recognized as an Independent State Commission by comparing it to the concept and best practices in the United States. As well as to justify the legitimacy of its position within the Indonesian constitutional framework. As a doctrinal legal research, this study uses a conceptual and legal comparative approach to secondary data presented in a descriptive-analytical manner. The findings revealed that the independent State Commission's two key characteristics were its independence from the executive organs and its autonomous-regulatory power. In terms of legal position, the classical trias politica perspectives need be modified as the Independent State Commission is now viewed as a new branch of government under a new separation of powers framework.
{"title":"THE INDEPENDENT STATE COMMISSION IN INDONESIA: A COMPARATIVE REVIEW OF ITS INSTITUTIONAL ASPECTS","authors":"Rizki Ramadani, Muhammad Ya'rif Arifin","doi":"10.30863/aldustur.v6i2.4942","DOIUrl":"https://doi.org/10.30863/aldustur.v6i2.4942","url":null,"abstract":"The establishment of the Independent State Commission and other non-structural institutions was one of the alterations in the structure of the Indonesian constitution during the transition era and after the 1945 Constitution was amended. It is not uncommon for these Commissions to face criticism and controversy due to their autonomous authority and independence from the major branches of power. The objective of this research is to examine and describe the primary traits of such an institution in order for it to be recognized as an Independent State Commission by comparing it to the concept and best practices in the United States. As well as to justify the legitimacy of its position within the Indonesian constitutional framework. As a doctrinal legal research, this study uses a conceptual and legal comparative approach to secondary data presented in a descriptive-analytical manner. The findings revealed that the independent State Commission's two key characteristics were its independence from the executive organs and its autonomous-regulatory power. In terms of legal position, the classical trias politica perspectives need be modified as the Independent State Commission is now viewed as a new branch of government under a new separation of powers framework.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135520999","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 : 2023-06-25DOI: 10.30863/aldustur.v6i1.4684
Achmad Khozin Baharudin, A. Kartika
The development of economic globalization in a country requires a role and strengthening in order to synergize commitments through predetermined steps to harmonize economic stability and is expected to be able to face the country's economic crisis. Beneficial Ownership (BO) has the opportunity to commit a criminal act of money laundering through nominee mode so that the original identity is not known by placing dirty assets in the form of shares in the corporation so that the corporation acts as a vehicle for the crime. This research is conducted through the normative juridical method. Research using library materials by examining a legal regulation, doctrine from experts, or theories that intersect with the subject matter of discussion. The results showed that the form of responsibility looks at who is related to money laundering. The theory of corporate liability is included in limited liability. In principle, limited liability is intended for legal subjects in corporations that commit criminal acts regardless of the mistakes made but meet the elements of the Article in criminal law. Because the position of beneficial ownership is not yet effective and is still gray in the corporation, in beneficial ownership criminal liability uses strict liability, which is the punishment of criminals on the condition of considering the criminal acts committed with the rules of criminal imposition (legality) without seeing the inner attitude of the perpetrator.
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Pub Date : 2023-06-21DOI: 10.30863/aldustur.v6i1.3965
Ruslan Sangaji
This paper aims to examine how the analysis of tafsīr al-ahkām of the controversy over the community's assessment of traditional healing techniques in the style of Ida Dayak medicine. This research is included in the type of qualitative research that is deductive in nature. The data collected comes from library data which comes from books, articles and online data. The data is presented in the form of a description. The chosen research target was the style or technique of treatment which gave birth to controversy in the community which was conducted by Ida Dayak. Data and information about Ida Dayak were obtained through online sources. Ida Dayak's treatment system as viral through social media has drawn controversy because it has unique methods and techniques. Its uniqueness is reflected in the visualization of Mrs. Ida's movements which reflect the typical dance coupled with traditional Dayak women's costumes. Ida Dayak uses Allah's name in the healing process by saying basmalah, and according to Islamic theology, believes that He is the Great Healer. In the perspective of Islamic law, treatment that does not carry elements of shirk, according to Islamic law, the treatment is valid. The healing that was produced through traditional medical techniques was born from a form of endeavor for both Ida's mother and the patient. The Indonesian government has supported the traditional medicine system through a number of regulations in creating healthy human beings.
本文旨在探讨如何分析tafs . r . al-ahkām争议的社区评估的传统治疗技术在艾达达亚克医学的风格。本研究属于本质上是演绎的定性研究。收集的数据来自图书馆数据，这些数据来自书籍、文章和在线数据。数据以描述的形式呈现。选择的研究对象是由Ida Dayak进行的在社区中引起争议的治疗方式或技术。有关Ida Dayak的数据和信息是通过在线来源获得的。Ida Dayak的治疗系统因其独特的方法和技术在社交媒体上走红，引发了争议。它的独特性体现在艾达夫人动作的形象化上，反映了典型的舞蹈和传统的达雅克妇女服装。艾达·达亚克在治疗过程中使用安拉的名字，称其为basmalah，根据伊斯兰神学，她相信安拉是伟大的治疗者。从伊斯兰教法的角度来看，不携带逃避要件的待遇，根据伊斯兰教法，这种待遇是有效的。通过传统医学技术产生的治疗是艾达的母亲和病人共同努力的结果。印度尼西亚政府通过一系列法规支持传统医学体系，以创造健康的人类。
{"title":"CONTROVERSY ON COMMUNITY ASSESSMENTS TO TRADITIONAL MEDICINE OF IDA DAYAK FROM THE ANALYSIS OF TAFSIR AL-AHKAM","authors":"Ruslan Sangaji","doi":"10.30863/aldustur.v6i1.3965","DOIUrl":"https://doi.org/10.30863/aldustur.v6i1.3965","url":null,"abstract":"This paper aims to examine how the analysis of tafsīr al-ahkām of the controversy over the community's assessment of traditional healing techniques in the style of Ida Dayak medicine. This research is included in the type of qualitative research that is deductive in nature. The data collected comes from library data which comes from books, articles and online data. The data is presented in the form of a description. The chosen research target was the style or technique of treatment which gave birth to controversy in the community which was conducted by Ida Dayak. Data and information about Ida Dayak were obtained through online sources. Ida Dayak's treatment system as viral through social media has drawn controversy because it has unique methods and techniques. Its uniqueness is reflected in the visualization of Mrs. Ida's movements which reflect the typical dance coupled with traditional Dayak women's costumes. Ida Dayak uses Allah's name in the healing process by saying basmalah, and according to Islamic theology, believes that He is the Great Healer. In the perspective of Islamic law, treatment that does not carry elements of shirk, according to Islamic law, the treatment is valid. The healing that was produced through traditional medical techniques was born from a form of endeavor for both Ida's mother and the patient. The Indonesian government has supported the traditional medicine system through a number of regulations in creating healthy human beings.","PeriodicalId":446442,"journal":{"name":"Jurnal Al-Dustur","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125541322","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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