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Implementation of village heads' neutralism in the General Election Campaign based on Law Number 6 of 2014 concerning Villages Angkasa, Nitaria; Pelangi, Intan
Muhammadiyah Law Review Journal Vol 8, No 1 (2024): Muhammadiyah Law Review
Publisher : Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24127/mlr.v8i1.3178

Abstract

Based on village authority which is a form of village government, the village head has a role in the splendor of the democratic party in Indonesia which will be held on February 14 2024, but the role of the village head is so important as the head of the village government, it is necessary to study the head's neutrality. villages in general election campaigns and regional head elections in Indonesia. The method used in this research is normative juridical. The method used in carrying out the research is carried out by collaborating in the form of data and field facts. The problem approach used in this research is normative. The neutralistic implementation of village heads based on the election law and village law in elections shows that the Division for Handling Violations of the Election Supervisory Agency (Bawaslu) of DKI Jakarta Province, Benny Sabdo, emphasized that the campaign activities of election participants are prohibited from involving the State Civil Apparatus (ASN) and village heads and factors. The basic thing about the neutrality of village heads in elections is that there is concern that there will be a conflict of interest between village officials and the community and this is also regulated in Law Number 7 of 2017 concerning elections in Article 20 Paragraph 2 which states that village officials are among the parties who are prohibited from being included by the implementer or team. campaign in election campaign activities. The prohibition on village officials from taking part in practical politics is also contained in Law no. 6 of 2014 concerning Villages, Article 29 letter g states that village heads are prohibited from being administrators of political parties and in letter j village heads are prohibited from participating and/or being involved in election campaigns and/or Pilkada. Village officials are advised not to get involved in political activities, either as cadres and campaign activists.
Perkawinan Adat Saibatin Dalam Perspektif Hukum Positif Indonesia Pelangi, Intan; Abunawar, Hadri; Saputra, Rizki Berlian; Pribadi, Adhimaz Kondang
Muhammadiyah Law Review Journal Vol 8, No 2 (2024): Muhammadiyah Law Review
Publisher : Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24127/mlr.v8i2.3566

Abstract

It is not uncommon in the Lampung Saibatin society for husbands and wives to live apart for a certain period after marriage. This can be caused by various factors between them and between their families. However, this does not mean that their marriage is not approved, but rather that there are certain conditions that have not yet allowed them to live together. Considering the above background, the writer is interested in formulating the following problems: is the marriage carried out according to Lampung Saibatin customs valid under the prevailing marriage laws?; what are the backgrounds that lead to marriage according to Lampung Saibatin customs?. The research used in the preparation of this work is empirical legal research. The data obtained by the writer is qualitative data which will be examined using the constant comparative analysis method, namely by comparing and developing empirical research with related legislation. A marriage with an agreement to live apart temporarily is valid if the conditions and pillars of marriage are met. Concerning the fulfillment of the rights and obligations of husband and wife, it also becomes a non-issue if both parties have agreed to the temporary non-fulfillment of rights and the non-implementation of obligations. The agreement to live apart temporarily is made for several reasons and is not something new for the community of Belalau District, West Lampung Regency
Tebus Murah dan Perlindungan Hukum: Tinjauan Hukum Terhadap Hak Konsumen Dalam Transaksi Jual Beli Muhtadli, Muhtadli; Pelangi, Intan; Taufiq, M. Shofwan; Pribadi, Adhimaz Kondang
Muhammadiyah Law Review Journal Vol 9, No 1 (2025): Muhammadiyah Law Review
Publisher : Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24127/mlr.v9i1.4036

Abstract

This study aims to analyze consumer rights and protection in the practice of discounted purchasing (tebus murah) and the perspective of Islamic law regarding such transactions. Discounted purchasing, which is increasingly popular among consumers, offers various benefits but also poses legal risks and challenges. In this context, the study identifies the consumer rights that need to be protected, including the right to clear and accurate information, as well as the right to receive goods that match what was promised. Furthermore, the research explores the legal protections available for consumers in Indonesia based on Law No. 8 of 1999 on Consumer Protection. The research employs a qualitative approach with data collection techniques through interviews, observations, and literature studies. The findings indicate that although there are regulations governing consumer protection, challenges remain in their implementation, especially in the digital context. This study is expected to provide recommendations for improving regulations and better business practices, as well as to enhance consumer awareness regarding their rights in discounted purchasing transactions.
The Misyar Marriage and Family Law Reform in Indonesia Pelangi, Intan; Angkasa, Nitaria; Arifin, Syamsul
SMART: Journal of Sharia, Traditon, and Modernity Vol. 3 No. 1 June (2023)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v3i1.16977

Abstract

This article aims to examine the thought of misyar marriage according to Yusuf Al-Qardhawi, and aims to prohibit the practice of misyar marriage in Indonesia. So this research examines the law of misyar marriage from Al-Qardawi's perspective and its contribution to the reform of family law in Indonesia.  This article includes library research. This research is descriptive analytical. The primary data in the research are the Qur'an, Hadith, Yusuf Al-Qardhawi's works, Law Number 1 of 1974 concerning National Marriage Law, and the Compilation of Islamic Law. The secondary data are scientific works, research, journals that are relevant to the research topic. Using Gustav Redbruch's theory of legal objectives and maslahah mursalah, the data analysis in this study uses inductive thinking techniques then the author makes data analysis with qualitative analysis. The result of this article is that misyar marriage according to Al-Qardhawi is a marriage that is not in accordance with the purpose of the ordinance of marriage, namely to form a family that is sakinah mawaddah and rahmah, but there is a gap in Law Number 1 of 1974, concerning Marriage in Article 2 Paragraph (1) "Marriage is valid, if it is carried out according to the laws of each religion and belief". When referring to this article, it can be said that it is valid, so that in order to provide assertiveness to prohibit the practice of misyar marriage and marriage practices that are not in line with the principles of marriage, it is necessary to provide a clear definition of marriage. Keyword: Misyar; Yusuf Al-Qardhawi; Family Law in Indonesia
Konflik Bersenjata dan Kewajiban Negara: Telaah Konsep Dar AlHarb Dalam Syariah dan Hukum Internasional Pelangi, Intan; Taufiq, M. Shofwan
Muhammadiyah Law Review Journal Vol 9, No 2 (2025): Muhammadiyah Law Review
Publisher : Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24127/mlr.v9i2.4476

Abstract

The concept of Dar al-Harb in classical Islamic jurisprudence represents a normative geopolitical construct rooted in a specific historical context, where the world was divided into the realm of Islam (Dar al-Islam) and the realm of hostility (Dar al-Harb). This classification significantly influenced the legitimacy of warfare and international relations in Islamic legal thought. However, modern global political realities have prompted a critical reassessment of this concept, particularly in relation to the contemporary framework of international law, which emphasizes sovereignty, civilian protection, and the prohibition of aggression. This study aims to explore the classical and contemporary interpretations of Dar al-Harb and to examine the normative intersections and conceptual divergences with the principle of state responsibility under international law. This research adopts a normative juridical approach, employing both comparative legal and conceptual methods. The data sources include secondary legal materials such as classical Islamic texts by scholars like Al-Shaybani, Al-Mawardi, and Ibn Taymiyyah, as well as international legal instruments including the UN Charter, the 1949 Geneva Conventions, and the 1998 Rome Statute. Data were analyzed qualitatively using deductive and inductive reasoning to identify doctrinal differences and potential areas for integration between the two legal systems. The findings reveal that while there are fundamental differences particularly regarding the legal basis of hostility and the authority to legitimize war there are also normative convergences, such as the protection of noncombatants and respect for human dignity. The ethical normative reinterpretation of Dar al-Harb illustrates the potential for Islamic legal values to contribute to the development of a more inclusive and just international humanitarian legal framework
Implementation of village heads' neutralism in the General Election Campaign based on Law Number 6 of 2014 concerning Villages Angkasa, Nitaria; Pelangi, Intan
Muhammadiyah Law Review Journal Vol 8, No 1 (2024): Muhammadiyah Law Review
Publisher : Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24127/mlr.v8i1.3178

Abstract

Based on village authority which is a form of village government, the village head has a role in the splendor of the democratic party in Indonesia which will be held on February 14 2024, but the role of the village head is so important as the head of the village government, it is necessary to study the head's neutrality. villages in general election campaigns and regional head elections in Indonesia. The method used in this research is normative juridical. The method used in carrying out the research is carried out by collaborating in the form of data and field facts. The problem approach used in this research is normative. The neutralistic implementation of village heads based on the election law and village law in elections shows that the Division for Handling Violations of the Election Supervisory Agency (Bawaslu) of DKI Jakarta Province, Benny Sabdo, emphasized that the campaign activities of election participants are prohibited from involving the State Civil Apparatus (ASN) and village heads and factors. The basic thing about the neutrality of village heads in elections is that there is concern that there will be a conflict of interest between village officials and the community and this is also regulated in Law Number 7 of 2017 concerning elections in Article 20 Paragraph 2 which states that village officials are among the parties who are prohibited from being included by the implementer or team. campaign in election campaign activities. The prohibition on village officials from taking part in practical politics is also contained in Law no. 6 of 2014 concerning Villages, Article 29 letter g states that village heads are prohibited from being administrators of political parties and in letter j village heads are prohibited from participating and/or being involved in election campaigns and/or Pilkada. Village officials are advised not to get involved in political activities, either as cadres and campaign activists.
Perkawinan Adat Saibatin Dalam Perspektif Hukum Positif Indonesia Pelangi, Intan; Abunawar, Hadri; Saputra, Rizki Berlian; Pribadi, Adhimaz Kondang
Muhammadiyah Law Review Journal Vol 8, No 2 (2024): Muhammadiyah Law Review
Publisher : Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24127/mlr.v8i2.3566

Abstract

It is not uncommon in the Lampung Saibatin society for husbands and wives to live apart for a certain period after marriage. This can be caused by various factors between them and between their families. However, this does not mean that their marriage is not approved, but rather that there are certain conditions that have not yet allowed them to live together. Considering the above background, the writer is interested in formulating the following problems: is the marriage carried out according to Lampung Saibatin customs valid under the prevailing marriage laws?; what are the backgrounds that lead to marriage according to Lampung Saibatin customs?. The research used in the preparation of this work is empirical legal research. The data obtained by the writer is qualitative data which will be examined using the constant comparative analysis method, namely by comparing and developing empirical research with related legislation. A marriage with an agreement to live apart temporarily is valid if the conditions and pillars of marriage are met. Concerning the fulfillment of the rights and obligations of husband and wife, it also becomes a non-issue if both parties have agreed to the temporary non-fulfillment of rights and the non-implementation of obligations. The agreement to live apart temporarily is made for several reasons and is not something new for the community of Belalau District, West Lampung Regency