Pub Date : 2023-06-03DOI: 10.15642/alqanun.2023.26.1.43-56
Nur Muhammad Huri, Husnul Yaqin, Moh Wahib, Faisal Faisal
This paper describes the settlement of debtor obligations by heirs at Bank Syariah Indonesia KCP Jayapura Abepura. In the mechanism provided, there are three types of settlement: firstly, the bank submits a claim to the insurance guarantor; secondly, it is continued by the heirs when the guarantor's insurance is closed while the claim is not paid; thirdly, it is continued by the heirs when it is not stipulated in the agreement. According to the results of this study, there are two types of settlements. First, the settlement of the debtor's obligation by the heirs is by using the heir's assets (Article 175 paragraph (2) KHI) or using the assets belonging to the heirs and heirs (Articles 123 and 833 of the Civil Code). Second, the settlement of the obligations of the deceased debtor after being paid off by the insurer is carried out peacefully and does not harm the bank or heirs, with the insurance party being the guarantor according to the agreement and the heirs are not burdened with the obligations of the deceased debtor.
{"title":"Penyelesaian Kewajiban Debitur Wafat Oleh Ahli Waris Pada Bank Syariah Indonesia KCP Jayapura Abepura","authors":"Nur Muhammad Huri, Husnul Yaqin, Moh Wahib, Faisal Faisal","doi":"10.15642/alqanun.2023.26.1.43-56","DOIUrl":"https://doi.org/10.15642/alqanun.2023.26.1.43-56","url":null,"abstract":"This paper describes the settlement of debtor obligations by heirs at Bank Syariah Indonesia KCP Jayapura Abepura. In the mechanism provided, there are three types of settlement: firstly, the bank submits a claim to the insurance guarantor; secondly, it is continued by the heirs when the guarantor's insurance is closed while the claim is not paid; thirdly, it is continued by the heirs when it is not stipulated in the agreement. According to the results of this study, there are two types of settlements. First, the settlement of the debtor's obligation by the heirs is by using the heir's assets (Article 175 paragraph (2) KHI) or using the assets belonging to the heirs and heirs (Articles 123 and 833 of the Civil Code). Second, the settlement of the obligations of the deceased debtor after being paid off by the insurer is carried out peacefully and does not harm the bank or heirs, with the insurance party being the guarantor according to the agreement and the heirs are not burdened with the obligations of the deceased debtor.","PeriodicalId":490792,"journal":{"name":"Al-Qanun","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135911328","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 : 2023-06-03DOI: 10.15642/alqanun.2023.26.1.108-120
Novi Febriyanti
This study aims to analyze financing instruments for micro, small and medium enterprises (MSMEs) through equity crowdfunding and examine equity crowdfunding in the perspective of compilation of Sharia economic law (KHES). This type of research is descriptive qualitative research, namely research that seeks to describe and explain the data obtained with secondary data. This study uses a literature research approach, where the data sources are obtained from literature studies and various kinds of literature that are worthy of discussion, including the study of OJK Regulation No. 37/POJK.04/2018 and DSN MUI Fatwa No. 117 /DSN-MUI/II/2018. The results of this study indicate that the financing instrument carried out contains business actors, investors and fund distribution institutions. While the review of Islamic economic law regarding equity crowdfunding leads to 2 types of contracts, namely mudharabah and musyarakah contracts that can be used as references.
本研究旨在通过股权众筹分析中小微企业(MSMEs)的融资工具，并从伊斯兰教法(KHES)编制的角度考察股权众筹。这种类型的研究是描述性定性研究，即试图描述和解释用二手数据获得的数据的研究。本研究采用文献研究法，数据来源来源于文献研究和各种值得探讨的文献，包括对OJK Regulation No. 37/POJK的研究。4/2018和DSN MUI Fatwa 117 /DSN-MUI/II/2018。研究结果表明，实施的融资工具包含商业行为者、投资者和资金分配机构。而通过对伊斯兰经济法中股权众筹合同的考察，可以得出两种合同类型，即mudharabah合同和musyarakah合同可供参考。
{"title":"Equity Crowdfunding: Financing Instruments MSMEs Compilation of Perspective Sharia Economic Law","authors":"Novi Febriyanti","doi":"10.15642/alqanun.2023.26.1.108-120","DOIUrl":"https://doi.org/10.15642/alqanun.2023.26.1.108-120","url":null,"abstract":"This study aims to analyze financing instruments for micro, small and medium enterprises (MSMEs) through equity crowdfunding and examine equity crowdfunding in the perspective of compilation of Sharia economic law (KHES). This type of research is descriptive qualitative research, namely research that seeks to describe and explain the data obtained with secondary data. This study uses a literature research approach, where the data sources are obtained from literature studies and various kinds of literature that are worthy of discussion, including the study of OJK Regulation No. 37/POJK.04/2018 and DSN MUI Fatwa No. 117 /DSN-MUI/II/2018. The results of this study indicate that the financing instrument carried out contains business actors, investors and fund distribution institutions. While the review of Islamic economic law regarding equity crowdfunding leads to 2 types of contracts, namely mudharabah and musyarakah contracts that can be used as references.","PeriodicalId":490792,"journal":{"name":"Al-Qanun","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135911331","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 : 2023-06-03DOI: 10.15642/alqanun.2023.26.1.71-82
Estu Kinanti
This article discusses about the law on the reality show Take Me Out Indonesia according to the contemporary fiqh scholars. The article focuses about Take Me Out profiles, game regulations in Take Me Out, laws for finding a mate in Islam, tips for finding a mate in Islam, criteria for prospective husbands and wifes as well as the final discussion on Indonesian Take Me Out laws according to contemporary fiqh scholars. This content was conducted by means of content analysis. The results of this article is: (1) Take Me Out Indonesia, which is a reality show looking for a mate that airs on Indosiar, (2) in Islam itself, even though a mate has been decreed by Allah, seeking a legal mate may even be recommended as a form of human endeavor, (3) as for the process of seeking it, it should not deviate from Islamic law, and (4) according to contemporary fiqh scholars, the law of Take Me Out Indonesia is better left behind because it brings a lot of harm or harm rather than good.
本文从当代伊斯兰学者的观点出发，对真人秀节目《印尼约我出去》中的法律问题进行了探讨。本文聚焦于Take Me Out的简介、《Take Me Out》的游戏规则、伊斯兰教寻找伴侣的法律、伊斯兰教寻找伴侣的技巧、未来丈夫和妻子的标准，以及当代伊斯兰学者对印尼Take Me Out法律的最后讨论。该内容是通过内容分析的方式进行的。本文的研究结果是:(1)带我出去印尼,这是一个真人秀节目寻找配偶,Indosiar播出,(2)在伊斯兰教本身,即使配偶被真主规定,寻求法律伴侣甚至可能建议作为一种人类活动,(3)在寻找它的过程中,它不应该偏离伊斯兰法律,和(4)根据当代高级学者,带我出去印尼的法则是更好的留下,因为他会给你带来很多伤害或伤害而不是很好。
{"title":"Take Me Out Indonesia Perspektif Ulama Fiqh Kontemporer","authors":"Estu Kinanti","doi":"10.15642/alqanun.2023.26.1.71-82","DOIUrl":"https://doi.org/10.15642/alqanun.2023.26.1.71-82","url":null,"abstract":"This article discusses about the law on the reality show Take Me Out Indonesia according to the contemporary fiqh scholars. The article focuses about Take Me Out profiles, game regulations in Take Me Out, laws for finding a mate in Islam, tips for finding a mate in Islam, criteria for prospective husbands and wifes as well as the final discussion on Indonesian Take Me Out laws according to contemporary fiqh scholars. This content was conducted by means of content analysis. The results of this article is: (1) Take Me Out Indonesia, which is a reality show looking for a mate that airs on Indosiar, (2) in Islam itself, even though a mate has been decreed by Allah, seeking a legal mate may even be recommended as a form of human endeavor, (3) as for the process of seeking it, it should not deviate from Islamic law, and (4) according to contemporary fiqh scholars, the law of Take Me Out Indonesia is better left behind because it brings a lot of harm or harm rather than good.","PeriodicalId":490792,"journal":{"name":"Al-Qanun","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135911334","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 : 2023-06-03DOI: 10.15642/alqanun.2023.26.1.83-95
Joni Zulhendra
This paper aims to describe the development of Islamic law and fresh ijtihad as an effort to break open the closed door of ijtihad. The focus of this research is how is the development of Islamic law regarding the closing of the door to ijtihad and how is the paradigm of fresh ijtihad? This type of research is library research on Islamic fiqh books, articles, and journals. The results of the study show that the closing of the door to ijtihad has implications for the development of Islamic law, namely the development of fiqh after the door to ijtihad is closed. The implication of closing the door of ijtihad is the main reason for the weakness of creativity in ijtihad, not only because of the spread of the spirit of piety, but also because of the decline of civilization in Islam. Systematic and epistemic fresh ijtihad thinking is needed, so as not to get trapped in the dogmatism of certain fiqh schools.
{"title":"Fresh Ijtihad sebagai Upaya dalam Meretas Tertutupnya Pintu Ijtihad","authors":"Joni Zulhendra","doi":"10.15642/alqanun.2023.26.1.83-95","DOIUrl":"https://doi.org/10.15642/alqanun.2023.26.1.83-95","url":null,"abstract":"This paper aims to describe the development of Islamic law and fresh ijtihad as an effort to break open the closed door of ijtihad. The focus of this research is how is the development of Islamic law regarding the closing of the door to ijtihad and how is the paradigm of fresh ijtihad? This type of research is library research on Islamic fiqh books, articles, and journals. The results of the study show that the closing of the door to ijtihad has implications for the development of Islamic law, namely the development of fiqh after the door to ijtihad is closed. The implication of closing the door of ijtihad is the main reason for the weakness of creativity in ijtihad, not only because of the spread of the spirit of piety, but also because of the decline of civilization in Islam. Systematic and epistemic fresh ijtihad thinking is needed, so as not to get trapped in the dogmatism of certain fiqh schools.","PeriodicalId":490792,"journal":{"name":"Al-Qanun","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135911329","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 : 2023-06-03DOI: 10.15642/alqanun.2023.26.1.96-107
Hofifah Hofifah
The question is still often asked whether the Corruption Eradication Commission (KPK), in carrying out its function as the vanguard of corruption eradication (TIPIKOR), also supervises judges within the Supreme Court (MA) judiciary. Even though from a juridical perspective, the KPK's authority is not included in the supervision of individual Supreme Court judges who have become the authority of the Judicial Commission (KY), the KPK continues to supervise issues of corruption, gratuities, buying and selling of cases and other forms of TIPIKOR within the Supreme Court justice environment, and not judges as the object. This research envisages what if the KPK is involved in supervising Supreme Court judges by using the thinking method of Fath Dhari'ah, which considers the good and bad consequences of establishing law. This study uses a normative method with descriptive analysis techniques. The result of this study is that the involvement of the KPK in supervising Supreme Court judges in the Supreme Court justice environment contains more mafsada than the desired maslahah.
{"title":"Pelibatan Komisi Pemberantasan Korupsi dalam Pengawasan Hakim Mahkamah Agung dalam Lingkungan Peradilan Perspektif Fath Dhari’ah","authors":"Hofifah Hofifah","doi":"10.15642/alqanun.2023.26.1.96-107","DOIUrl":"https://doi.org/10.15642/alqanun.2023.26.1.96-107","url":null,"abstract":"The question is still often asked whether the Corruption Eradication Commission (KPK), in carrying out its function as the vanguard of corruption eradication (TIPIKOR), also supervises judges within the Supreme Court (MA) judiciary. Even though from a juridical perspective, the KPK's authority is not included in the supervision of individual Supreme Court judges who have become the authority of the Judicial Commission (KY), the KPK continues to supervise issues of corruption, gratuities, buying and selling of cases and other forms of TIPIKOR within the Supreme Court justice environment, and not judges as the object. This research envisages what if the KPK is involved in supervising Supreme Court judges by using the thinking method of Fath Dhari'ah, which considers the good and bad consequences of establishing law. This study uses a normative method with descriptive analysis techniques. The result of this study is that the involvement of the KPK in supervising Supreme Court judges in the Supreme Court justice environment contains more mafsada than the desired maslahah.","PeriodicalId":490792,"journal":{"name":"Al-Qanun","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135911336","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}
This study aims to determine and analyze the function of the Press Council according to Article 15 of Law No. 40 of 1999 concerning the Press in its roles and actions in preventing hoax news. This research is a normative juridical analysis, by which the secondary data is in the form of the 1945 Constitution of the Republic of Indonesia Article 28 (F) and Article 15 of Law Number 40 of 1999 concerning the Press in particular. It is analyzed with a progressive legal theory from Satjipto Raharjo. The results of this study indicate that the Press Council, which has the status of an independent state institution, failed to maximize its role, especially its authority, in dealing with hoax news. The Press Law only has a simple function, like mediating press disputes. Due to its power, the Press Council has no authority to impose sanctions on violations committed by press companies. Moreover, the challenges faced no longer come from external sources but from the internal press itself, where currently, press companies often behave arbitrarily because the owners of press companies have used their media as a means of politics for the benefit of certain parties.
{"title":"Tinjauan Yuridis Pasal 15 Undang-undang Pers terhadap Fungsi dan Kewenangan Dewan Pers dalam Mencegah Berita Bohong","authors":"Ernis Hutabarat, Ampuan Situmeang, Junimart Girsang","doi":"10.15642/alqanun.2023.26.1.57-70","DOIUrl":"https://doi.org/10.15642/alqanun.2023.26.1.57-70","url":null,"abstract":"This study aims to determine and analyze the function of the Press Council according to Article 15 of Law No. 40 of 1999 concerning the Press in its roles and actions in preventing hoax news. This research is a normative juridical analysis, by which the secondary data is in the form of the 1945 Constitution of the Republic of Indonesia Article 28 (F) and Article 15 of Law Number 40 of 1999 concerning the Press in particular. It is analyzed with a progressive legal theory from Satjipto Raharjo. The results of this study indicate that the Press Council, which has the status of an independent state institution, failed to maximize its role, especially its authority, in dealing with hoax news. The Press Law only has a simple function, like mediating press disputes. Due to its power, the Press Council has no authority to impose sanctions on violations committed by press companies. Moreover, the challenges faced no longer come from external sources but from the internal press itself, where currently, press companies often behave arbitrarily because the owners of press companies have used their media as a means of politics for the benefit of certain parties.","PeriodicalId":490792,"journal":{"name":"Al-Qanun","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135911337","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}
At the end of 2019, the world is experiencing the Covid-19 pandemic, which spreads very quickly. The government made Various policies, such as the PSBB policy, study from home, work from home, and other social restrictions. This has an impact on family harmony. Because there were many layoffs during the pandemic, it was vulnerable to domestic violence due to economic and other problems. The solution to domestic violence is to hold pre-marital counseling for prospective brides; during the pandemic and carried out online. The research method used is the library research method, using a normative juridical approach. Data collection techniques used documentation and analysis using descriptive and content analysis methods. During a pandemic, people spend more time at home, so domestic violence often occurs. Another reason is that many people have been laid off and are experiencing economic difficulties. Pre-marital counseling during a pandemic is carried out online, the implementation time is shortened, and strict health protocols must be implemented.
{"title":"Bimbingan Pra Nikah Secara Daring Pada Masa Pandemi Covid-19 dalam Tinjauan Maqashid Al-Shari’ah","authors":"None Yaffi Jananta Andriansyah, None Aunur Rofiq, None Suwandi","doi":"10.15642/alqanun.2023.26.1.1-12","DOIUrl":"https://doi.org/10.15642/alqanun.2023.26.1.1-12","url":null,"abstract":"At the end of 2019, the world is experiencing the Covid-19 pandemic, which spreads very quickly. The government made Various policies, such as the PSBB policy, study from home, work from home, and other social restrictions. This has an impact on family harmony. Because there were many layoffs during the pandemic, it was vulnerable to domestic violence due to economic and other problems. The solution to domestic violence is to hold pre-marital counseling for prospective brides; during the pandemic and carried out online. The research method used is the library research method, using a normative juridical approach. Data collection techniques used documentation and analysis using descriptive and content analysis methods. During a pandemic, people spend more time at home, so domestic violence often occurs. Another reason is that many people have been laid off and are experiencing economic difficulties. Pre-marital counseling during a pandemic is carried out online, the implementation time is shortened, and strict health protocols must be implemented.","PeriodicalId":490792,"journal":{"name":"Al-Qanun","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135911330","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 : 2023-06-03DOI: 10.15642/alqanun.2023.26.1.13-25
Abdul Hafiz Qamar, Moh. Abdun Nasir, L. Supriadi
This research is motivated by the author's anxiety about phenomena that occur in society, namely related to fulfilling the obligation to provide an 'iddah post-divorce carried out outside the Religious Courts, primarily through the Tuan Guru's decision in Labuapi District. This research aims to analyze the distribution of 'iddah maintenance outside the court in the Labuapi District. It also tries to analyze the factors that influence the level of legal awareness of giving 'iddah maintenance to the community. Furthermore, this article tries to analyze the form and role of Tuan Guru in socializing the fulfilment of 'iddah maintenance obligations. The authors' results indicate that the distribution of 'iddah income in Labuapi District needs to be carried out correctly. This is based on the lack of public knowledge, prevailing traditions, and conflict between husband and wife, which is the cause of divorce. In addition, in this study, the authors found two active roles of Tuan Guru in the community: to provide understanding to the community and as a mediator and family law consultant.
{"title":"Peran Tuan Guru dalam Penyadaran Hukum Pembayaran Nafkah ‘Iddah Perceraian di Luar Pengadilan","authors":"Abdul Hafiz Qamar, Moh. Abdun Nasir, L. Supriadi","doi":"10.15642/alqanun.2023.26.1.13-25","DOIUrl":"https://doi.org/10.15642/alqanun.2023.26.1.13-25","url":null,"abstract":"This research is motivated by the author's anxiety about phenomena that occur in society, namely related to fulfilling the obligation to provide an 'iddah post-divorce carried out outside the Religious Courts, primarily through the Tuan Guru's decision in Labuapi District. This research aims to analyze the distribution of 'iddah maintenance outside the court in the Labuapi District. It also tries to analyze the factors that influence the level of legal awareness of giving 'iddah maintenance to the community. Furthermore, this article tries to analyze the form and role of Tuan Guru in socializing the fulfilment of 'iddah maintenance obligations. The authors' results indicate that the distribution of 'iddah income in Labuapi District needs to be carried out correctly. This is based on the lack of public knowledge, prevailing traditions, and conflict between husband and wife, which is the cause of divorce. In addition, in this study, the authors found two active roles of Tuan Guru in the community: to provide understanding to the community and as a mediator and family law consultant.","PeriodicalId":490792,"journal":{"name":"Al-Qanun","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135911335","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 : 2023-06-03DOI: 10.15642/alqanun.2023.26.1.26-42
Zakiyatul Ulya
This paper is motivated by controversies among the public in the emergence of the policy of registering unregistered marriages on family cards, leading to. It aims to determine the opinion of lecturers of the Islamic Family Law Study Program at UIN Sunan Ampel Surabaya as the competent party regarding this policy to be analyzed using the problem concept. The study results show that there are differences of opinion among lecturers regarding this policy, some agree based on several reasons for the benefit contained therein, and some disagree based on reasons for the harm that will be raised. Lecturers who agree with the view that the policy of registering marriage on the family card does not conflict with the texts of syara', is in line with the objectives of syara', contains benefits and concerns the interests of the people, in contrast to lecturers who do not agree to have the opposite view.
{"title":"Pandangan Dosen Prodi KHI UINSA Surabaya terhadap Kebijakan Pencatatan Nikah Siri dalam Kartu Keluarga Perspektif Maslahah","authors":"Zakiyatul Ulya","doi":"10.15642/alqanun.2023.26.1.26-42","DOIUrl":"https://doi.org/10.15642/alqanun.2023.26.1.26-42","url":null,"abstract":"This paper is motivated by controversies among the public in the emergence of the policy of registering unregistered marriages on family cards, leading to. It aims to determine the opinion of lecturers of the Islamic Family Law Study Program at UIN Sunan Ampel Surabaya as the competent party regarding this policy to be analyzed using the problem concept. The study results show that there are differences of opinion among lecturers regarding this policy, some agree based on several reasons for the benefit contained therein, and some disagree based on reasons for the harm that will be raised. Lecturers who agree with the view that the policy of registering marriage on the family card does not conflict with the texts of syara', is in line with the objectives of syara', contains benefits and concerns the interests of the people, in contrast to lecturers who do not agree to have the opposite view.","PeriodicalId":490792,"journal":{"name":"Al-Qanun","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135911332","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}
This paper aims to describe and analyze premeditated murder as regulated in Article 340 of the Criminal Code from the perspective of a Justice Collaborator in the murder case of Joshua Hutabarat. At the end of the article, it is concluded that: Justice Collaborators are needed when the state has difficulties uncovering and investigating a crime. In Indonesia, the provisions on Justice Collaborators refer to Law Number 13 of 2006 concerning the Protection of Witnesses and Victims, where Justice Collaborators have rights in the form of physical and psychological protection, legal protection, special treatment, and obtaining awards. In disclosing the death case, there has been Obstruction of Justice, with indications of destroying the CCTV DVR at the TKP, engineering the TKP, shooting bullets into the wall of the house, and bribery to close the case. Therefore, in disclosing and investigating it, the panel of judges approved a justice collaborator, namely Richard Eliezer, with the indicator of imposing a light sentence in the form of imprisonment for one year and six months.
{"title":"Pembunuhan Berencana dalam Pasal 340 KUHP dalam Perspektif Justice Colaborator","authors":"Totok Sugiarto, Purwanto Purwanto, Enny Sunarlin, Azis Setyagama, Wawan Susilo","doi":"10.15642/alqanun.2023.26.1.121-136","DOIUrl":"https://doi.org/10.15642/alqanun.2023.26.1.121-136","url":null,"abstract":"This paper aims to describe and analyze premeditated murder as regulated in Article 340 of the Criminal Code from the perspective of a Justice Collaborator in the murder case of Joshua Hutabarat. At the end of the article, it is concluded that: Justice Collaborators are needed when the state has difficulties uncovering and investigating a crime. In Indonesia, the provisions on Justice Collaborators refer to Law Number 13 of 2006 concerning the Protection of Witnesses and Victims, where Justice Collaborators have rights in the form of physical and psychological protection, legal protection, special treatment, and obtaining awards. In disclosing the death case, there has been Obstruction of Justice, with indications of destroying the CCTV DVR at the TKP, engineering the TKP, shooting bullets into the wall of the house, and bribery to close the case. Therefore, in disclosing and investigating it, the panel of judges approved a justice collaborator, namely Richard Eliezer, with the indicator of imposing a light sentence in the form of imprisonment for one year and six months.","PeriodicalId":490792,"journal":{"name":"Al-Qanun","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135911333","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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