Suchergebnisse

This paper will discuss the Islamic justice system in the country of Saudi Arabia. Through a normative juridical approach it can be described that Saudi Arabia is an Islamic country that is consistent in implementing criminal law. In contrast to the continental legal system and the anglo saxon which are guided by the policies of the Government, Parliament and the judiciary. In addition, in practice, Islamic criminal law is also guided by the opinion of the school, both the official school, namely the hambali school or other schools. Thus it can be concluded that the judiciary bodies in Arab countries are entirely guided by Islamic law, because Islamic law is the positive law. On the other hand, it also does not codify the law because it can narrow the space for ijtihad to move and the sources of legal making, but this in turn can lead to different judges' decisions. For this reason, there is Majlis al-A'la li al-Qadha (Supreme Court of Justice) to oversee the decisions of the court judges under their ranks. In addition, the hierarchy of judicial bodies in the Arab country consists of three levels, namely the High Court as the Supreme Court, the Court of Appeal and the Court of First instance.

Amil zakah (zakah manager/distributor) is one of supporting pillars to the success of zakah management. From juridical view, it is related to Islamic law, but politically it is close to the state policy especially the zakah management policy. The involvement of the state in zakah management depends on the fundamental issue that makes zakah as part of qad}a>'i> and diya>ni> law. Islamic law that has diya>ni> attribute is very dependent on the religious awareness of Islamic society itself. While the qad}a>'i> law involves certain institutions that have legal power to impose and ensure the enforcement of Islamic law in the society. Therefore, zakah managers require strong authority, because they will deal with the community with various level of faith. It is concluded that the success of zakah management should be supported by three aspects, namely substance, structural, and legal awareness.

Amil zakah (zakah manager/distributor) is one of supporting pillars to the success of zakah management. From juridical view, it is related to Islamic law, but politically it is close to the state policy especially the zakah management policy. The involvement of the state in zakah management depends on the fundamental issue that makes zakah as part of qad}a>'i> and diya>ni> law. Islamic law that has diya>ni> attribute is very dependent on the religious awareness of Islamic society itself. While the qad}a>'i> law involves certain institutions that have legal power to impose and ensure the enforcement of Islamic law in the society. Therefore, zakah managers require strong authority, because they will deal with the community with various level of faith. It is concluded that the success of zakah management should be supported by three aspects, namely substance, structural, and legal awareness.

Based on category, this program leads to three social issues. First, public awareness about the significance of the view of life that is more tolerant, open and more pluralis amid development of industrialization. Industrialization that developed in centers of growth (growth poles), which prominently still holdsrural-agrarian values, has given rise to what is called the proletarian farmers. "Proletarisation" was preceded by transition process of the function of farmland into industrial land, thus causing economic activity became more intense and integrated into industrial capitalism. This leads to the occurrence of an identity crisis that led to theopposition attitude in most communities, especially those who associated with the existence of other religions. Second, these changes have an impact on the emergence of community with radical attitude by carrying the religious themes. The construction of houses of worship, which is actually the "House of God" for any religions, considering the dangers may threaten the existence of the community and other faiths. The value system was formed, as a society oppressed became one of the motivators and catalysts for the inception of religious radicalism at the low level community. Third, the Government's policy regarding the construction of a harmony is among believers. This last part is related to the concept of good governance. As an institutional approach, the concept of good governance (good governance) is defined as the interaction between the organizers of the State (Government) and groups in the community. According to the World Bank, there are at least four important dimensions of good governance, i.e. example, effective legal framework, information that is in line with the transparency (accountability or Government) and the availability of well-educated workforce. In this context, the position of District Government of Bekasi becomes one of the institutions, which is responsible for the running of the relationship between the Government, employers or investors, religious figures, and the public as the three interest groups that cannot be separated in developing awareness of pluralism in religious life in the community.

Based on category, this program leads to three social issues. First, public awareness about the significance of the view of life that is more tolerant, open and more pluralis amid development of industrialization. Industrialization that developed in centers of growth (growth poles), which prominently still holdsrural-agrarian values, has given rise to what is called the proletarian farmers. "Proletarisation" was preceded by transition process of the function of farmland into industrial land, thus causing economic activity became more intense and integrated into industrial capitalism. This leads to the occurrence of an identity crisis that led to theopposition attitude in most communities, especially those who associated with the existence of other religions. Second, these changes have an impact on the emergence of community with radical attitude by carrying the religious themes. The construction of houses of worship, which is actually the "House of God" for any religions, considering the dangers may threaten the existence of the community and other faiths. The value system was formed, as a society oppressed became one of the motivators and catalysts for the inception of religious radicalism at the low level community. Third, the Government's policy regarding the construction of a harmony is among believers. This last part is related to the concept of good governance. As an institutional approach, the concept of good governance (good governance) is defined as the interaction between the organizers of the State (Government) and groups in the community. According to the World Bank, there are at least four important dimensions of good governance, i.e. example, effective legal framework, information that is in line with the transparency (accountability or Government) and the availability of well-educated workforce. In this context, the position of District Government of Bekasi becomes one of the institutions, which is responsible for the running of the relationship between the Government, employers or investors, religious figures, and the public as the three interest groups that cannot be separated in developing awareness of pluralism in religious life in the community.

This paper describes the urgency of the meaning of zakat in the welfare of the peoples. The existence of charity is not only for the individual normative duty, but also contains a social meaning in the context of collective responsibility that invol­ving some subjects such as muzakki, amyl, mustahik, and government. In practical terms, the obligation of zakat management in a professional manner, at least must be supported by three aspects, namely the aspect of substance, structure, and culture.

Abstract: This paper tries to explain about the concept of justice both contained in al-Qur'an and hadith. As part of the implementation of Islamic law and the subsystem of national law, the role and position of the (Islamic) judiciary is very strategic and significant. The existence and position of the principles of justice not only lies in the theoretical development through academic studies, but also practically can provide its own color in the implementation of Islamic law in Indonesia. The implementation of the judicial principles is not only a normative individual obligation, but also a collective obligation involving both academics, legal practitioners and the government. Theoretically and practically, the principles of justice embodied in Qur'an and Hadith greatly affect the course of law and justice enforcement through religious court in Indonesia.Abstrak: Tulisan ini mencoba menjelaskan tentang konsep keadilan baik yang tertuang dalam Alquran maupun hadits. Sebagai bagian dari implementasi hukum Islam dan subsistem hukum nasional, peran dan kedudukan lembaga peradilan (Islam) sangat strategis dan signifikan. Keberadaan dan kedudukan asas keadilan tidak hanya terletak pada perkembangan teoritis melalui kajian akademis, tetapi juga secara praktis dapat memberi­kan warna tersendiri dalam penyelenggaraan syariat Islam di Indonesia. Pelaksanaan prinsip kehakiman bukan hanya kewajiban normatif individu, tetapi juga kewajiban kolektif yang melibatkan akademisi, praktisi hukum, dan pemerintah. Secara teoritis dan praktis, prinsip keadilan yang terkandung dalam Alquran dan Hadits sangat mempengaruhi perjalanan dan implementasi keadilan di Indonesia dalam upaya menegakkan hukum dan keadilan.

This study tries to explain the efforts to retrace the position of Islamic science in the formulation of laws and regulations in Indonesia. As part of the implementation of Islamic law and the national legal sub-system, the position of sharia is particularly strategic and significant. The existence and position of sharia science lie not only in theoretical development through academic studies but also in practical terms which can provide its own colour in the formulation of laws and regulations in Indonesia. The implementation of sharia in life is not only an individual normative obligation, but also a collective responsibility that involves academics, legal practitioners, and the government. The position of sharia in forming laws and regulations theoretically and practically can be seen from three aspects, including substance, structure, and culture.Penelitian ini mencoba menjelaskan tentang upaya pelacakan kembali posisi ilmu syariah dalam pembentukan peraturan perundangan-undangan di Indonesia. Sebagai bagian dari implementasi hukum Islam dan sub-sistem hukum nasional, posisi ilmu syari'ah sangat strategis dan signifikan. Keberadaan dan posisi ilmu syariah bukan hanya terletak pada pengembangan teoritis melalui kajian akademik, tetapi juga secara praktis dapat memberikan warna tersendiri dalam pembentukan peraturan perundangan-undangan di Indonesia. Implementasi ilmu syariah dalam kehidupan, bukan hanya kewajiban individual yang bersifat normative saja, tetapi juga menjadi kewajiban kolektif yang melibatkan akademisi, praktisi hukum, maupun pemerintah. Dengan menggunakan metode deskiptif tekstual-interpretatif, penelitian ini menunjukkan bahwa secara teoritis dan praktis, posisi ilmu syariah dalam pembentukan peraturan perundang-undangan dapat dilihat dari tiga aspek, antara lain: substansi, struktur, dan kultur.

Abstract: The Development of Waqf Management Throught Waqf Act in Indonesia (Note on Republic of Indonesia Act Number 41 of 2004 regarding Waqf). Waqf is an Islamic endowment of property to be held in trust and used for a charitable or religious purpose. The development of waqf law in Indonesia, as one of religious institutions, is the realization of Muslim community needs to fulfill their religious life. The object of waqf that formerly was focused on immovable objects, with the presence of the Act has been broader to movable property, especially money waqf. This paper describes the urgency of civilization and the dynamics of waqf both from the side of law and its management in the context of people prosperity. By using library research that use qualitative data, this paper found the existence of waqf, normatively lies not only in the individual obligations, but also in social meaning in the context of collective obligations involving mawqûf bih (the property), wâqif (the person creating a waqf), nazir (the supervisor/manager of waqf), mauqûf 'alayh (waqf users), and the government through legislation. Basically, the Republic of Indonesia Act Number 41 of 2004 regarding Waqf is based on the philosophical, sociohistorical, and juridical foundation.

This paper tries to describe an attempt to retrace sharia science position in national law development. As part of Islamic law and national legal subsystem application, the position of sharia science is very strategic and significant. The existence and position of shari'ah science is not solely lies in theoretical development through academic studies, but practically can coloring positive law formation. The sharia application is not only individual normative obligations, but also a collective obligation that involves academics, legal practitioners, and the government. Theoretically and practically, the position of sharia science in the formation of national legislation can be seen from three aspects which are: substance, structure, and culture.

The study discusses the preparation of halal tourism regulations in Indonesia. The aim is to illustrate the importance of halal tourism regulations and how this may strengthen the Indonesian economy. This study is a qualitative one, using academic books and articles in addition to a review of law and regulations as the analysis method. It demonstrates that halal tourism requires principal regulations to be used as guidelines for halal tourism implementation. These can be used both by halal tourism business operators and tourists as halal tourism consumers. Law Number 33 of 2014 concerning Halal Product Guarantee and Government Regulation Number 31 of 2019 regarding the implementation of Law Number 33 of 2014 Concerning Guaranteed Halal Products are considered inadequate as legal support for the halal tourism industry in Indonesia.

Purpose of this study: This article aims to analyze the characteristics of the ideal political office, the political office that triggers opportunities for corruption, and the role of political office in preventing and eradicating corruption in state institutions. Methodology: This study used the literature review method with a qualitative approach to analyze various issues related to political office and corruption in Indonesia's state institutions. Main findings: The researcher found that the ideal political office was oriented on the progress of the State and the welfare of the people, and all were developed from parties with transparent political recruitment patterns. On the other hand, political offices in government institutions trigger opportunities for corruption. However, the political office can also be the most effective tool in preventing and eradicating corruption in developing countries. Applications of this study: This research is useful for leaders in making decisions on corruption eradication policies and as initial information in determining officials in government. Novelty/Originality of this study: The novelty of this research lies in the researcher's perspective in seeing corruption, which can be prevented and eradicated through political office.