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KEDUDUKAN PENYELESAIAN KASUS HUKUM PERDAGANGAN INTERNASIONAL TENTANG IMPOR UDANG: Vol 06 Nomer 02 September 2019 H. Noho, Muhammad Dzikirullah
Irtifaq Vol 6 No 2 (2019): September
Publisher : Program Studi Hukum Ekonomi Syariah, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/irtifaq.v6i2.624

Abstract

The case of shrimp imports carried out by India, Malaysia, Pakistan and Thailand was banned by America because the way of shrimp fishing endangers the environment because it kills sea turtles. Starting from the problem, the issues to be discussed, namely the resolution of the shrimp import case carried out by the United States, are in accordance with the principles and rules mentioned in the general agreement tariff on trade (GATT). Based on the results of the discussion, it was found that the import ban regulation called public law 101-102, Sextion 609 was codified in 16 United States Code (USC by America refers to CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora). for countries complaining that the import prohibition cannot be included in the exception cases contained in article XX GATT and accuses the US of violating GATT article XI on "quantitative restrictions. DSB Appeal Decision states that US actions are declared" temporarily correct "because even though included in the exclusion of article XX GATT, but does not meet procedural requirements, so that proposals for improving the rules are stipulated so that they can be justified, so that the rules can be enforced by the US and no longer considered as acts of arbitrary discrimination. Keywords: Settlement, International Trade, Shrimp Imports
IMPLIKASI PENGELOLAAN GALIAN C TERHADAP LINGKUNGAN HIDUP DI WILAYAH NGORO KABUPATEN JOMBANG DALAM PERSPEKTIF PERATURAN DAERAH KABUPATEN JOMBANG NOMOR 8 TAHUN 2017 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP DAN HUKUM ISLAM H. Noho, Muhammad Dzikirullah; Azhar, Nurul
Irtifaq Vol 9 No 2 (2022): SEPTEMBER
Publisher : Program Studi Hukum Ekonomi Syariah, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/irtifaq.v9i2.3247

Abstract

This article intends to find out the management of excavation C on the environment in the Ngoro Jombang area and its implications according to Regional Regulation Number 8 of 2017 concerning Protection and management of the environment and fiqh biah. The location of this research is located in Ngoro District, Jombang Regency. This research is included in qualitative research. To obtain data, researchers directly obtain from the source without intermediary other parties, which are then processed. In this study there are two sources of data, namely primary and secondary data sources. Collecting data by means of interviews, observation, documentation. After the data is collected, to analyze it using descriptive method. The results obtained from the data analysis are that the management of excavation c is mining which includes: sand, gravel, the process of which is by dredging the soil to make holes in it for profit, in this activity the impact is not only on local residents, but also on the earth and the surrounding nature. In the law and fiqh biah itself, it is allowed on the condition that it should not be excessive and damage the surrounding nature just to meet the needs and prosperity of the community. Keywords: Environmental protection and management, Fiqh biah
Development of Waqf Objects through Public Private Partnership (PPP) as a Means of Infrastructure Development for the Public Interest H. Noho, Muhammad Dzikirullah
QURU’: Journal of Family Law and Culture Vol. 1 No. 1 (2023)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v1i1.116

Abstract

Waqf as an amaliyah service should be an instrument to improve the welfare of the wider community. Various waqf cases in the Religious Courts can be a reflection for the future so that the objects that have been pledged can be fit for their intended purpose. With a public private partnership (PPP) scheme, existing waqf objects will be more optimally developed. To follow up on efforts to develop waqf objects, research was carried out using a type of normative legal research that relies on related principles and norms. The legal materials used are primary legal materials in the form of decisions and statutory regulations related to waqf and PPP. Meanwhile, the secondary legal materials used are journals and books on waqf law, PPP, and land acquisition for development in the public interest. The results of the research found that so far efforts to develop waqf objects are still very minimal, on the other hand, there are also government provisions through Law 2/2012 PTBPUKU which require citizens to surrender their land rights if they are affected by construction for the public interest. This provision is in line with Law 41/2004 concerning Waqf which requires that waqf objects can be used for public purposes as long as they obtain permission from the Minister through the waqf body. Apart from that, in the context of development for the public interest and development of waqf objects, the government often uses the PPP model to financially optimize waqf objects. The most ideal scheme to use in increasing waqf objects can be carried out in the form of PPP in the form of BOT, BOOT or ROOT. Its use and designation are adjusted to the permits and designation of the waqf pledge as stated in statutory regulations and sharia principles.