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Criminal Law Reform of The Existence of Article 378 of The Criminal Code in Land Cases 关于《刑法典》第 378 条在土地案件中的存在的刑法改革
Pub Date : 2024-05-01 DOI: 10.59141/jiss.v5i04.1082
Fransiska Khatrine
There is the criminalization of handling land disputes in Indonesia, such as in the case of Decision No. 1154/Pid.B/2021/PN. JKT.SE, namely Ir. Burhanuddin, who owns land with justifiable rights in the form of a Certificate of Ownership as a defendant and sentenced to imprisonment for 3 (three years), shows the need for criminal law reform against the existence of article 378 of the Criminal Code. With the normative juridical research method of the statutory approach, the author finds that the Criminal Act of Fraud 378 of the Criminal Code in the perspective of the Indonesian Criminal Law is connected with land regulations, explaining that Fraud, according to article 378 of the Criminal Code anyone who uses fraud or a series of lies to make someone give something, blame him, or cancel a debt but according to the legal principle lexes specialist systematic derogate lex generalis. While juridically, both the Civil Code and the Basic Agrarian Law do not specifically regulate if there is an error fraud in the sale and purchase of land rights, the sanction given by law is to cancel the sale and purchase deed with a claim for compensation because fraud in the deed of sale and purchase of land rights is not a criminal/criminal act that should be threatened with criminal sanctions but becomes Depenalization. The legal considerations in Decision No. 1154/Pid.B/2021/PN. JKT. SEL, reviewed in the renewal of the Indonesian Criminal Law, that the elements of fraud in the Criminal Code, namely objective and subjective elements of a person, can only be considered to have committed a criminal act of fraud as mentioned in Article 378 of the Criminal Code if all aspects are met. In this case, the perpetrator can only be sentenced according to his actions. Article 378 of the Criminal Code stipulates that someone who commits fraud must deceive the victim in a certain way, but in this case, the Civil Code and the Basic Agrarian Law does not explicitly regulate if there is an error.
在印度尼西亚,处理土地纠纷被定为刑事犯罪,如第 1154/Pid.B/2021/PN.JKT.SE,即 Ir.布尔汉努丁(Burhanuddin)作为被告,以所有权证书的形式拥有土地的正当权利,并被判处 3 年(3 年)监禁,这表明有必要针对《刑法典》第 378 条的存在进行刑法改革。通过成文法的规范法学研究方法,作者发现《刑法典》第 378 条诈骗罪在印尼刑法的视角下与土地法规相关联,并解释说,根据《刑法典》第 378 条,诈骗罪是指任何人使用欺诈或一系列谎言使他人给予某物、指责他人或取消债务的行为,但根据法律原则 lexes specialist systematic derogate lex generalis。虽然在法律上,《民法典》和《基本土地法》都没有对土地权买卖中的欺诈行为做出具体规 定,但法律规定的制裁措施是取消买卖契约并要求赔偿,因为土地权买卖契约中的欺诈行为不 是刑事犯罪行为,不应受到刑事制裁的威胁,而应被取消资格。第 1154/Pid.B/2021/PN.JKT.第 1154/Pid.B/2021/PN.JKT.SEL 号决定中的法律考虑,在更新印度尼西亚《刑法》时审查了《刑法典》中的欺诈要件,即一个人的客观要件和主观要件,只有在所有方面都符合的情况下,才能被认为实施了《刑法典》第 378 条中提到的欺诈犯罪行为。在这种情况下,只能根据行为人的行为对其量刑。刑法》第 378 条规定,实施欺诈的人必须以某种方式欺骗受害人,但在这种情况下,《民法》和《基本土地法》没有明确规定是否存在错误。
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引用次数: 0
Legal Protection for Shareholders of Dissolved Insurance Companies 对已解散保险公司股东的法律保护
Pub Date : 2024-05-01 DOI: 10.59141/jiss.v5i04.1088
Oktaviandi Bangun Tri Anugrah Sitorus
The capital market is the meeting place between supply and demand in trading securities, including stocks, which is proof of ownership of a company in exchange for shareholders' rights to profits or dividends. Although there are two main groups of shareholders, namely majority and minority, both groups have equal status in company ownership. To protect shareholders, capital market and limited liability company laws provide legal protection, including in cases of dissolution of insurance companies. In this research, normative legal methods were used to analyze relevant laws. The results show that shareholders' legal protection is contained in capital market and limited liability company laws, which give shareholders the right to file a lawsuit or request a company inspection if they feel aggrieved. The case of the dissolution of an insurance company by OJK shows that the institution can carry out its supervisory role and guarantee legal protection for shareholders by ensuring the company is responsible for losses incurred.
资本市场是证券(包括股票)交易供需双方的交汇点,股票是公司所有权的证明,以换取股东对利润或红利的权利。虽然股东主要分为两类,即大股东和小股东,但两类股东在公司所有权中的地位是平等的。为了保护股东,资本市场法和有限责任公司法提供了法律保护,包括在保险公司解散的情况下。本研究采用规范法学方法对相关法律进行了分析。结果表明,股东的法律保护包含在资本市场法和有限责任公司法中,这些法律赋予股东在感到受侵害时提起诉讼或要求对公司进行检查的权利。韩国保险业监督办公室解散一家保险公司的案例表明,该机构可以履行其监督职责,并通过确保公司对所造成的损失负责来保证对股东的法律保护。
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引用次数: 0
Solvency Ratio Analysis to Assess Financial Performance in Insurance Companies: Case Study PT. Taspen Life Insurance 评估保险公司财务业绩的偿付能力比率分析:案例研究 PT.塔斯朋人寿保险公司
Pub Date : 2024-03-30 DOI: 10.59141/jiss.v5i03.1048
Anita Sumartinih
Assessing a company's financial performance is a very important thing to do. Financial performance assessment can also show the extent of the company's success in achieving its goals. The research object focuses on the problem of solvency ratio analysis to assess financial performance in the case study insurance company PT. Taspen Life Insurance. PT. Taspen Life Insurance is a subsidiary of PT TASPEN (Persero) with 99.97% share ownership and 0.03% shares owned by the Taspen Jakarta Employees Cooperative. Taspen Life provides a variety of group and individual life insurance product solutions that have the benefits of life protection, future and old age planning, education funds, and critical illness insurance. This research aims to determine the company's performance assessment through analysis of the solvency ratio at PT. Taspen Life Insurance. The subject of this research is PT. Taspen Life Insurance. The method used in this research is the analytical descriptive method. The type of data used is secondary data obtained from the PT company performance report website. Taspen Life Insurance in 2018, 2019, 2020, 2021, 2022. Based on the results of the study, the analysis of the solvency ratio on PT. Taspen Life Insurance in 2018, 2019, 2020, and 2022 is considered to have poor financial performance because its solvency level exceeds 200%. In 2021, the achievement of the solvency ratio of PT. Taspen Life Insurance is less than 200%, which can be interpreted as the financial performance of PT. Taspen Life Insurance in 2021 is considered quite good.
评估公司的财务业绩是一件非常重要的事情。财务业绩评估还可以显示公司实现其目标的成功程度。研究对象主要关注偿付能力比率分析问题,以评估案例研究保险公司 PT.Taspen Life Insurance.PT.Taspen Life Insurance 是 PT TASPEN (Persero) 的子公司,拥有 99.97% 的股份,雅加达 Taspen 员工合作社拥有 0.03% 的股份。Taspen Life 提供各种团体和个人人寿保险产品解决方案,具有人寿保障、未来和养老规划、教育基金和重大疾病保险等优点。本研究旨在通过分析 PT.Taspen人寿保险公司的偿付能力比率进行分析,从而确定公司的业绩评估。本研究的对象是 PT.Taspen Life Insurance。本研究采用的方法是分析描述法。使用的数据类型是从PT公司业绩报告网站获取的二手数据。Taspen Life Insurance在2018年、2019年、2020年、2021年、2022年的业绩。根据研究结果,分析了 PT.Taspen人寿保险公司2018年、2019年、2020年、2022年的偿付能力水平超过200%,因此被认为财务表现不佳。2021 年,PT.Taspen Life Insurance 2021 年的偿付能力充足率低于 200%,这可以解释为 PT.Taspen 人寿保险公司 2021 年的财务业绩被认为相当不错。
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引用次数: 0
Used Car Customer Segmentation Using K-Means Clustering Model With SPSS Program: Case Study Caroline.Id 利用 SPSS 程序的 K-Means 聚类模型进行二手车客户细分:案例研究 Caroline.Id
Pub Date : 2024-03-30 DOI: 10.59141/jiss.v5i03.1042
Muhammad Farhan, Jerry Heikal
This study discusses the use of K-Means clustering algorithm to determine market segmentation and prepare targeted marketing strategies. The process involves grouping customer data based on various factors such as transmission type, customer satisfaction, payment method, and branches. After grouping the data, the initialization stage is carried out by providing an initial number, and then the clustering process is carried out. The resulting clusters are analyzed to identify different customer profiles and needs. With an in-depth understanding of each segmentation, companies can develop specific and targeted marketing strategies for each customer group. Additionally, this study discusses the construction of a brand persona by identifying the target audience, understanding their needs and wants, creating a character profile, and compiling a brand persona document that includes all the important information. The customized brand persona can then be used in the development of online value proposition and marketing strategies.
本研究讨论了如何使用 K-Means 聚类算法来确定市场细分并制定有针对性的营销策略。这一过程包括根据传输类型、客户满意度、付款方式和分支机构等各种因素对客户数据进行分组。数据分组后,通过提供一个初始号码进行初始化阶段,然后执行聚类过程。对由此产生的聚类进行分析,以确定不同的客户档案和需求。通过深入了解每个细分市场,企业可以针对每个客户群体制定具体的、有针对性的营销策略。此外,本研究还讨论了如何通过确定目标受众、了解他们的需求和愿望、创建人物档案以及编制包含所有重要信息的品牌角色文件来构建品牌角色。定制的品牌角色可用于制定在线价值主张和营销战略。
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引用次数: 0
The Effect of Capital Structure, Profitability, and Liquidity on Company Value with Company Size as A Moderation Variable 以公司规模为调节变量,资本结构、盈利能力和流动性对公司价值的影响
Pub Date : 2024-03-29 DOI: 10.59141/jiss.v5i03.1011
Sella Oktavia, Yanuar Ramadhan
This research aims to test whether the structure of capital, profitability, and liquidity affects the value of the company and whether by adding moderation variables the size of the company can strengthen or weaken independent variables against dependent variables.  It is known that the impact of the COVID-19 virus made some banks suffer losses, and others experienced a decrease in profits that lowered the value of the company, one of which is the banking sector. The population used in this study is financial industry companies, namely banking and components which amounted to 34 companies in the period 2020.  The analysis method used in this study uses a multiple linear regression method consisting of independent variables of capital structure, profitability, company size, and moderation variables namely company size, as well as dependent variables i.e. company values.  Based on the results of the F test it was obtained that all independent variables significantly affect dependent variables. Partially, the results that profitability variables have a significant effect on the value of the company, the size of the company strengthens the influence of profitability on the value of the company, and partially also obtained the result that the variables of capital structure, and liquidity do not significantly affect the value of the company, the size of the company weakens the influence of the capital structure, and liquidity on the value of the company. The purpose of the study is to identify and analyze the effect of three main factors, namely capital structure, profitability, and liquidity, on the value of the company.
本研究旨在检验资本结构、盈利能力和流动性是否会影响公司价值,以及通过添加公司规模这一调节变量是否会加强或削弱自变量对因变量的影响。 众所周知,COVID-19 病毒的影响使一些银行蒙受损失,另一些银行的利润减少,从而降低了公司价值,银行业就是其中之一。本研究采用的研究对象是金融业公司,即银行业和 2020 年期间的 34 家组件公司。 本研究采用的分析方法是多元线性回归法,包括自变量资本结构、盈利能力、公司规模和调节变量即公司规模,以及因变量即公司价值。 根据 F 检验的结果,所有自变量都对因变量有显著影响。部分结果表明,盈利能力变量对公司价值有显著影响,公司规模加强了盈利能力对公司价值的影响;部分结果表明,资本结构和流动性变量对公司价值没有显著影响,公司规模削弱了资本结构和流动性对公司价值的影响。本研究的目的是识别和分析资本结构、盈利能力和流动性这三个主要因素对公司价值的影响。
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引用次数: 0
The Effect of Competitive Strategy and Product Quality on Business Performance Study On: Unilever Indonesia Tbk 竞争战略和产品质量对企业绩效的影响 研究对象: 联合利华印度尼西亚公司
Pub Date : 2024-03-29 DOI: 10.59141/jiss.v5i03.1046
Cici Dwi Vidiastutik, Kartono Kartono
Currently, in the global market era, many daily necessities are circulating in the world goods market domestic and foreign products. Many companies are developing in Indonesia, both domestic companies and foreign investment companies. One of them is Unilever Indonesia which operates in the primary consumer sector. This research aims to describe efforts to create the influence of competitive strategy and product quality on business performance at Unilever Indonesia Tbk. The urgency of research is to fulfill assignments for the Strategic Management course and as a requirement to take the Final Semester Examination. This research is intended for readers as supporting material for further research in the future and is also useful for writers to develop the process of creating scientific work. This research uses a descriptive quantitative approach method with Explanatory Research research, using annual financial data for the last 3-year period. This method aims to find variable relationships that exist in a community. Using company financial reports to determine the results and influence of competitive strategy and product quality on company sales over several decades and determine the effectiveness of company strategy in the company's business performance. This research was created based on references from several journals by previous researchers with variables that are closely related to the title of the research created by the author.
目前,在全球市场时代,许多日用品都在世界商品市场上流通着国内外产品。许多公司都在印尼发展,其中既有本国公司,也有外国投资公司。联合利华印尼公司就是其中之一,该公司在初级消费品领域开展业务。本研究旨在阐述竞争战略和产品质量对印度尼西亚联合利华股份公司经营业绩的影响。研究的紧迫性在于完成战略管理课程的作业,并作为参加期末考试的一项要求。本研究旨在为读者提供未来进一步研究的辅助材料,同时也有助于作者开发科学作品的创作过程。本研究采用描述性定量研究方法,利用过去 3 年的年度财务数据进行解释性研究。这种方法旨在发现社区中存在的变量关系。利用公司财务报告来确定几十年来竞争战略和产品质量对公司销售的结果和影响,并确定公司战略在公司经营业绩中的有效性。本研究是根据以往研究人员在一些期刊上发表的与作者所做研究标题密切相关的变量的参考文献而完成的。
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引用次数: 0
Review of Obstruction of Justice Perpetrators in Premeditated Murder Cases 预谋杀人案中妨害司法行为人述评
Pub Date : 2024-03-29 DOI: 10.59141/jiss.v5i03.1041
Hasiholan Tua, Emilia Susanti
Criminal responsibility is a reprehensible act by society that must be accounted to its maker for the actions committed. The problem in this study is how criminal accountability for perpetrators of obstruction of justice in premeditated murder cases and whether the sentences given to perpetrators have fulfilled the sense of substantive justice for the community (Review of Verdict Number: 806 / Pid, Sus / 2022 / PN Jkt Sel). The research method uses a normative juridical approach, the data used are secondary. The study conducted is a literature study. The resource person in this study is a Criminal Lecturer at the Faculty of Law, University of Lampung. This study aims to see in depth how criminal responsibility for perpetrators of criminal acts of persecution and whether the verdict given has fulfilled the sense of justice for the community, therefore the approach taken in this study is normative. Based on the results of research and discussion, it can be concluded that after listening to witness statements and legal facts at the trial and based on the judge's consideration, the defendant was sentenced to imprisonment for 10 (ten) months and a fine of Rp. 10,000,000 (ten million rupiah), because the elements have been legally and convincingly proven. In addition, Judgment No.: 806/Pid. Sus/2022/PN Jkt Sel has fulfilled the substantive sense of justice as the panel of judges has carefully considered and decided to issue this ruling.
刑事责任是一种应受社会谴责的行为,必须对其制造者所实施的行为负责。本研究的问题是如何追究预谋杀人案件中妨害司法行为人的刑事责任,以及对行为人的判决是否实现了社会的实质正义感(判决书编号:806 / Pid, Sus / 2022 / PN Jkt Sel)。研究方法采用规范法学方法,使用的数据为二手数据。所进行的研究是一项文献研究。本研究的资料提供者是楠榜大学法学院的一名刑事讲师。本研究旨在深入探讨迫害犯罪行为人的刑事责任,以及判决是否符合社会的正义感,因此本研究采用的是规范法学方法。根据研究和讨论的结果,可以得出这样的结论:在庭审中听取证人陈述和法律事实后,根据法官的考虑,被告被判处 10 个月监禁和 10 000 000 印尼盾(1 000 万卢比)的罚款,因为这些要件已在法律上得到令人信服的证明。此外,第 806/Pid.此外,第 806/Pid. Sus/2022/PN Jkt Sel 号判决也符合实质意义上的司法公正,因为法官小组经过审慎考虑后决定做出这一裁决。
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引用次数: 0
The Crime of Begging in Public Based on Article 504 Paragraph (1) of the Criminal Code 基于《刑法典》第 504 条第(1)款的公共场所乞讨罪
Pub Date : 2024-03-29 DOI: 10.59141/jiss.v5i03.1034
Pepe Febianti
The imbalance between job seekers and job recipients makes it difficult for some Indonesians to find work. This study aims to determine the handling of the crime of begging in public based on Article 504 Paragraph (1) of the Criminal Code and also to determine the termination of the crime of begging in public in connection with the Tulungagung District Court Decision Number 69/Pid.C/2022/PN. In addition, to determine the suitability of the crime of begging in public based on article 504 of the Criminal Code with article 429 of the new Criminal Code and whether the handling of the crime of begging in public is effective or not. The research method used in this study is descriptive-analytical with a normative juridical approach. The conclusion of this study is that the handling of the crime of begging in public based on Article 504 paragraph 1 of the Criminal Code associated with the Tulungagung District Court Decision Number 69/Pid.C/2022/PN Tlg has been implemented appropriately. This is manifested in Tulungagung District Court Decision Number 69/Pid.C/2022/PN Plg where the judge ruled that the perpetrators of the crime of begging in public are punishable in Article 504, article 1 (one) of the Criminal Code. So that Article 504 paragraph 1 (one) has not been effectively implemented in the community and the punishment is in accordance with applicable laws and regulations. To reduce similar crimes, the government must intervene to deal with the poverty rate in Indonesia so that the level of begging in Indonesia is reduced.
求职者和受雇者之间的不平衡使得一些印度尼西亚人难以找到工作。本研究旨在根据《刑法典》第 504 条第(1)款确定对公开乞讨罪的处理方式,并根据图隆加贡地区法院第 69/Pid.C/2022/PN 号判决确定公开乞讨罪的终止。此外,还将根据《刑法典》第 504 条和新《刑法典》第 429 条确定公共乞讨罪的适用性,以及对公共乞讨罪的处理是否有效。本研究采用的研究方法是描述分析法和规范法学方法。本研究的结论是,根据与图伦加贡地区法院第 69/Pid.C/2022/PN Tlg 号判决相关的《刑法典》第 504 条第 1 款对公开乞讨罪的处理已得到适当实施。这体现在图伦加贡地区法院第 69/Pid.C/2022/PN Plg 号裁决中,法官在该裁决中裁定,在公共场合乞讨的犯罪者应根据《刑法典》第 504 条第 1(1)款受到惩罚。如此一来,第 504 条第 1 款(之一)在社会上并未得到有效执行,处罚也不符合适用的法律法规。为了减少类似犯罪,政府必须介入处理印度尼西亚的贫困率问题,从而降低印度尼西亚的乞讨水平。
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引用次数: 0
Behavior-Based Safety Analysis with Unsafe Action and Unsafe Condition in Cadets at The General Workshop of Medan Aviation Polytechnic 基于行为的安全分析--棉兰航空职业技术学院综合车间学员的不安全行为和不安全状况
Pub Date : 2024-03-29 DOI: 10.59141/jiss.v5i03.1050
Ivana Wardani, Fauziah Nur, Inda Tri Pasa, Liber Tommy Hutabarat, Sukarwoto Sukarwoto
This study aims to analyze the implementation of Behavior Safety (BBS) and identify factors related to Unsafe Actions and Unsafe Conditions in cadets at the General Workshop of Medan Aviation Polytechnic. The research method used was survey and observation, involving the active participation of cadets as respondents. Data were collected through questionnaires and direct observation of behaviors and conditions that could pose risks in the work environment. The results of the analysis showed that the implementation of BBS had a positive impact in increasing cadets' awareness and compliance with safety procedures. However, the findings also identified a high number of Unsafe Actions, such as inappropriate use of personal protective equipment or negligence in following safety procedures. In addition, Unsafe Conditions were also detected in several areas, such as unsuitability of work equipment and lack of preventive maintenance. This research provides in-depth insight into the factors causing Unsafe Actions and Unsafe Conditions so that concrete corrective measures can be taken to improve safety at the General Workshop of Medan Aviation Polytechnic. The implication of this research is expected to contribute to the development of a more effective security policy and improved work safety for cadets in carrying out activities in the workshop environment.
本研究旨在分析行为安全(BBS)的实施情况,并找出棉兰航空职业技术学院综合车间学员不安全行为和不安全状况的相关因素。采用的研究方法是调查和观察,学员作为被调查者积极参与。通过问卷调查和直接观察工作环境中可能构成风险的行为和条件来收集数据。分析结果表明,BBS 的实施对提高学员的安全意识和遵守安全程序产生了积极影响。然而,分析结果也发现了大量的不安全行为,如不恰当使用个人防护设备或疏于遵守安全程序。此外,在多个领域也发现了不安全状况,如工作设备不合适和缺乏预防性维护。这项研究深入探讨了造成不安全行为和不安全状况的因素,从而可以采取具体的纠正措施来改善棉兰航空职业技术学院综合车间的安全状况。这项研究的意义在于帮助制定更有效的安全政策,改善学员在车间环境中开展活动时的工作安全。
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引用次数: 0
Preaching Strategy of KH. Abdul Rasyid Abdullah Syafi'ie on Alaikassalam Jakarta Radio KH. Abdul Rashid Abdullah Syafi'ie 在雅加达 Alaikassalam 广播电台的布道策略
Pub Date : 2024-03-29 DOI: 10.59141/jiss.v5i03.1038
Muhammad Febiandri Satya Ananda, Abdi Rozak
Abdul Rasyid Abdullah Syafi'ie was a preacher and one of the great scholars who became a role model for the Betawi community. KH. Abdul Rasyid Abdullah Syafi'ie was the son of one of the great Betawi scholars, KH. Abdullah Shafi'ie. As a preacher of KH. Abdul Rasyid Abdullah Syafi'ie invited all people to practice Islamic law through various media, one of which was using radio media Alaikassalam Jakarta. The purpose of this study is to find out the strategy of Da'wah KH. Abdul Rasyid Abdullah Syafi'ie via Radio Alaikassalam Jakarta. This research was conducted using qualitative methods and descriptive data analysis methods. This method serves as a procedure for tracing the problem under study by describing the subject and object of research based on facts in the field. Then, the data collection techniques used are observation, interviews, and documentation. Based on the results of the study, the da'wah strategy used by KH. Abdullah Syafi'ie held an Islamic nuanced event on Radio Alaikassalam Jakarta and broadcast live the ta'lim assembly activities held at Al-Barkah mosque, Tebet, South Jakarta.
Abdul Rasyid Abdullah Syafi'ie 是一位传教士,也是一位伟大的学者,他成为了贝塔维族的楷模。KH.阿卜杜勒-拉希德-阿卜杜拉-赛义夫(Abdul Rasyid Abdullah Syafi'ie)是伟大的贝塔维学者之一 KH.阿卜杜拉-沙菲的儿子。作为 KH.作为 KH. Abdullah Shafi'ie 的传教士,Abdul Rasyid Abdullah Syafi'ie 通过各种媒体邀请所有人践行伊斯兰法,其中之一就是利用雅加达的广播媒体 Alaikassalam。本研究的目的是找出 KH.Abdul Rasyid Abdullah Syafi'ie 的 "达瓦 "战略。阿卜杜勒-拉希德-阿卜杜拉-赛义夫(Abdul Rasyid Abdullah Syafi'ie)通过雅加达 Alaikassalam 广播电台的策略。本研究采用定性方法和描述性数据分析方法。这种方法是通过描述基于实地事实的研究主题和对象来追踪所研究问题的程序。然后,使用观察、访谈和文献等数据收集技术。根据研究结果,KH.阿卜杜拉-赛义夫(Abdullah Syafi'ie)在雅加达阿拉卡萨拉姆电台(Radio Alaikassalam Jakarta)举办了一次伊斯兰细微差别活动,并现场直播了在雅加达南部特贝(Tebet)的巴尔卡清真寺(Al-Barkah mosque)举行的塔林大会活动。
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引用次数: 0
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