Suchergebnisse

This study aims to find out and analyze the recognition and legal protection of community rights to land in the Mandalika Special Economic Zone, to see the application of the principle of justice in the use of land rights in special mandalika economic zones and find out what factors influence the application of the principle of justice on land for people in the Mandalika Special Economic Zone. This research qualifies as empirical legal research. In this study the approaches used are: Case Approach, Conceptual Approach and Statute Approach. The results of the study indicate that First : Recognition and legal protection of community rights to land in the Mandalika Special Economic Zone is by issuing a legal instrument in the form of PP No. 52 of 2014 concerning Mandalika Special Economic Zones and No. Pepres. 58 of 2017 Acceleration of the Implementation of the National Strategy Project. Second: The application of the principle of justice in the utilization of land rights in the special economic zone of the mandalika is not optimal, there are still many people who cannot use the area to carry out activities such as opening a culinary business, lodging and trading. The government prioritizes large investors and this is very contradictory to the constitution, especially Article 33 paragraph 3, which emphasizes the maximum prosperity of the people, not certain groups, who have deep pockets because of our natural resources. Third: Factors that influence the application of the principle of justice in the control of land rights for the community in the Mandalika Special Economic Zone are factors in the certainty of land rights, government arrogance factors, inheritance factors, Speculative Factors. Suggestions are addressed to the Central Lombok National Land Agency and to the community.

This study aims to find out and analyze the recognition and legal protection of community rights to land in the Mandalika Special Economic Zone, to see the application of the principle of justice in the use of land rights in special mandalika economic zones and find out what factors influence the application of the principle of justice on land for people in the Mandalika Special Economic Zone. This research qualifies as empirical legal research. In this study the approaches used are: Case Approach, Conceptual Approach and Statute Approach. The results of the study indicate that First : Recognition and legal protection of community rights to land in the Mandalika Special Economic Zone is by issuing a legal instrument in the form of PP No. 52 of 2014 concerning Mandalika Special Economic Zones and No. Pepres. 58 of 2017 Acceleration of the Implementation of the National Strategy Project. Second: The application of the principle of justice in the utilization of land rights in the special economic zone of the mandalika is not optimal, there are still many people who cannot use the area to carry out activities such as opening a culinary business, lodging and trading. The government prioritizes large investors and this is very contradictory to the constitution, especially Article 33 paragraph 3, which emphasizes the maximum prosperity of the people, not certain groups, who have deep pockets because of our natural resources. Third: Factors that influence the application of the principle of justice in the control of land rights for the community in the Mandalika Special Economic Zone are factors in the certainty of land rights, government arrogance factors, inheritance factors, Speculative Factors. Suggestions are addressed to the Central Lombok National Land Agency and to the community.

Islamic politics in Indonesia is very distinctive and has characteristics as a reflection of Indonesian Muslims who understandahlussunnah wal jamaahso that the aspect of compromise and promoting togetherness, and attaching importance to stability is undeniable. However, that was before, later after the reformation, when the faucet of freedom was opened in Indonesia, many political ideologies entered Indonesia. They tried to change the established Indonesian political order, such as the emergence of the sharia formalization movement, the desire to establish an Islamic state, and the Islamic caliphate. The political activity of this model is increasingly visible in the era of President Jokowidodo as a symbol of resistance. This paper tries to elaborate and analyze with a descriptive analysis system on the phenomena in post-reform Indonesia. It is interesting because there are symptoms that the political doctrine of Aswaja will be defeated by the momentary political doctrines and the doctrines of khilafahism. However, during this upheaval, Aswaja's power and doctrine proved to endure despite the worrying erosion. Politik Islam di Indonesia sangat khas dan berkarakteristik sebagai cerminan umat Islam Indonesia yang berpaham ahlussunnah wal jamaah, sehingga aspek kompromi dan mengedepankan kebersamaan dan mementingkan stabilitas angat kentara. Tapi itu dulu, belakangan pasca refeormasi, ketika kran kebebasan dibuka di Indonesia, banyal ideology politik masuk ke Indonesia dan berusaha merubah tatanan politik indonnesia yang sudah mapan, seperti munculnya gerakan formalisasi syariah, keinginan mendirikan Negara Islam, dan khiafah islamiyah. Bahkan aktifitas politik model ini semakin kentara di ere Presiden Jokowidodo sebagai symbol perlawanan. Tulisan ini mencoba mengelabirasi dan menganalisis dengan system analisis deskriptif terhadap fenomena yang terjadi di Indonesia pasca reformasi. Hal ini menarik karena ada gejala doktrin politik aswaja akan terkalahkan oleh doktrin politik sesaat dan doktin-doktin khilafihisme. Namun, di tengah pergolakan ini, kekuatan aswaja dan doktrinnya terbukti dapat bertahan walau di tengah erosi yang mengkhawatirkan.

The issuance of non-binding advisory opinions (fatwa) is always followed by the presence of new issues related to the implementation of the fatwa. Similarly, the smoking ruling was issued by the Council of Indonesian Scholars (MUI) at the Conference in Padang Panjang in 2009. More than a decade this subject is still debatable. Although the fatwa in Indonesia does not have the power of binding, for Muslims, the idea of religious morality remains a consideration in daily life. Through a literature study, this study will reveal how the problematic relations between various social agencies regarding the issuance of the cigarette fatwa. Discourse debates in the study of fiqh will begin the explanation of this study, followed by development policies in Indonesia related to the problem of cigarettes, and ended with the position of the ulema as the holder of religious authority in the matter of smoking. This study illustrates that the practice of fatwas will be effective when ulama as religious authority holders, with their "capital", can negotiate and contest with various social agents in the cigarette fatwa arena.

Hatta has a specific concept of democracy in which there are some differences from liberal democracy. One of them is based on its axiological ground. Therefore, the purposes of this research are to analyze Hatta's thought on democracy and its axiological ground. The primary data is taken from Hatta's works,they are : Demokrasi Kita (1978), Pengertian Pancasila (1981), and Kumpulan Pidato , 3 volumes (1985).The results of this research are : Hatta's concept of democracy for Indonesia is not similar at all with the Western concept of liberal democracy. Hatta developed the Indonesian democracy as a specific concept which its principles base on the original values within Indonesian society. His concept embraces political, economical and social aspects. From the axiological perspective, Hatta's concept of democracy is based on the fundamental values, such as truth, justice, goodness, honesty, beauty, and holiness. Therefore, it can be said that the fundamental values in Hatta's concept of democracy embrace ethic, aesthetic, and religious values.Keywords: democracy, axiological ground, fundamental values.

"Prolonged war, international sanctions and the growing politicization of ethnic and religious identities have resulted in significant setbacks to the social status of women in Iraq. At the heart clashing visions on the role of religious norms in society lies the struggle about the Iraqi Personal Status Code and the question whether the state courts that have hitherto determined family law, issues should be transformed into shari'a courts. In contrast to many other, often symbolic, debates concerning the influence of religion on government and legislature, personal status legislation has a direct impact on everyday life and especially on women. In this political tug-of-war, not only disagreement about family-related matters and women's rights are coming to the fore, but moreover a profound struggle about the principles of democracy and citizenship." (author's abstract)

The main objective in interpretating al-Qur'an is to explain the will of God and the operationalization of the will in the field of faith, laws, or ethics. At the phase of Islamic civilization, when the linguistic and philosophy science codified, raises the various method (manhaj), and interpretation streams (ittijahat), exegesis school (madzhab) of al-Qur'an. In addition, also found in various shades of interpretation such as: fiqhi, kalami, balaghi, and isyari/ sufi, even philosophical. It was also discovered methods of tafsir 'ilmi oriented to the utilization of the discovering science in order to prove the truth of scientific fact. The last pattern was ignited pro and contra among scholars and mufassir. As we know that alQur'an was not descended in the condition of cultural vacuum but it is a form of dialectics and the response to the condition and social situation, politic, and religion. This is relevant to the characteristics of al-Qur'an which can be applied throughout the periods. As we understood that interpretation is one of reflections of thought and civilization products. It always developed and influenced by the dynamics of human civilization, so in its development, science and al-Qur'an can be brought together in dialogue, although with some prerequisites specified interpretation.

The implied administrative decision is known to be the silence of the administration from issuing a decision within a certain period of time. Such a decision constitute a form of the administrative decision forms and has a special nature since the legislator assumes that such a decision has been issued even though it does not exist materially.This research has examined this decision and how it can be distinguished from the negative administrative decision.The first chapter examined the conditions of the implied administrative decision. In the second chapter the basis of the implied decision was analyzed and how it can be distinguished from the negative decision. Finally the results of the research were illustrated. It was suggested that a new provision should be adopted in the law of the Supreme Court of Justice tackling the silence of the administration, the period of this silence and it effects and to assume that there is an implied decision stipulating rejection unless there is a special provision indicating otherwise.