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SOSIOLOGI PENEGAKAN HUKUM DALAM KEJAHATAN GENG MOTOR Fikri, Fikri
DIKTUM: Jurnal Syariah dan Hukum Vol 10 No 2 (2012): DIKTUM : JURNAL SYARIAH DAN HUKUM
Publisher : Jurusan Syariah dan Ekonomi Islam STAIN Parepare

We know that the rule of law requires both citizens and governments to be subject to known and standing laws. The enforcement or supremacy of law also requires generality in the law. This principle is a further development of the principle of equality before the law. Laws should not be made in respect of particular persons. Those laws ought not to be too easily changeable. Stable laws are a prerequisite of the certainty and confidence which form an essential part of individual freedom and security. In this connexion, when the Geng of Motorcycle appeared, there are many problems of law in society. They canât feel their freedom, security and conducive situation. Therefore, we must give a big attention to solve the Geng of Motorcycle, so that in society the laws ought to be rooted in moral principles, which cannot be achieved if they are framed in too detailed a manner. The enforcement of law to the Geng of Motorcycle requires a definition of law to which the above principles may go some way. A failure to maintain the formal differences between these things must lead to a conception of law as nothing more than authorisation for power, rather than the guarantee of liberty, equally to all.The rule of law ensures that individuals have a secure area of autonomy and have settled expectations by having their rights and duties pre-established and enforced by law.

HAK PEREMPUAN DALAM PENGASUHAN ANAK PASCA PERCERAIAN Aris, Aris; Fikri, Fikri
AL-MAIYYAH Vol 10 No 1 (2017): AL-MAIYYAH
Publisher : AL-MAIYYAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (442.916 KB)

Hadanah or parenting is something that can not be released in the context of marriage or family law of Islam. This paper discusses the care of children in the perspective of Islamic law. Parenting in marriage is not much of a problem and does not give rise to detailed rules, but parenting with divorced parents is arranged in detail. The conclusion of Islamic jurist shows that the woman or the mother is more entitled to the child to do hadanah.Hak women are associated with the childs age and the nature and character of parents.

PERLINDUNGAN ANAK DI LUAR NIKAH DALAM HUKUM NEGARA DAN HUKUM ISLAM (Perspektif Hakim Pengadilan Agama Parepare) Fikri, Fikri; Sulaeman, Budiman; Bahri, Andi
DIKTUM: Jurnal Syariah dan Hukum Vol 12 No 1 (2014): Diktum : Jurnal Syariah dan Hukum
Publisher : Jurusan Syariah dan Ekonomi Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (399.67 KB)

One of the purpose of protection and maintanance maqasid al-shariah realize lineage (descent), protection lineage based maqasid al-shariah, Allah as the legislator has prescribed any marriage law, a law that can be able to organize ang arrange an orderly nasab and surely, determination maqasid al-shariah in a marriage that is not accounted for by consideration of the principles of benefit for the registrate to uphold justice and the rule of law; the marriage is not registrated that it is too possible to registrated without the necessary repeated marriage, so that the benefits of the more dynamic registration of marriage any one be discriminated againts, so can be easily children and wife get the protection of civil rights. Marriage if it is possible to registrate, but not registrated is actually obscure the values of justice and maslahat in maqasid al-shariah. Saveral regulatory laws that exist in the Republic of Indonesia, is no exception of UU RI No. 1 Tahun 1974 concerning marriage can be applied elasticly, reflecsibly and dynamicly, rather than the reserve applied in staticly, rigidly and descructively that people are not discriminated againts in realizing values of protection, justice and rule of law; children born in marriage unattended or not registrated not seen let alone considered child out of marriage, not in the block to get its civil rights, but the goverment as a law enforcement and legislatory enforcement make registrated that marriage is not registrated.

PERLINDUNGAN ANAK DI LUAR NIKAH DALAM HUKUM NEGARA DAN HUKUM ISLAM (Perspektif Hakim Pengadilan Agama Parepare) Fikri, Fikri; Sulaeman, Budiman; Bahri, Andi
DIKTUM: Jurnal Syariah dan Hukum Vol 12 No 1 (2014): Diktum : Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

One of the purpose of protection and maintanance maqasid al-shariah realize lineage (descent), protection lineage based maqasid al-shariah, Allah as the legislator has prescribed any marriage law, a law that can be able to organize ang arrange an orderly nasab and surely, determination maqasid al-shariah in a marriage that is not accounted for by consideration of the principles of benefit for the registrate to uphold justice and the rule of law; the marriage is not registrated that it is too possible to registrated without the necessary repeated marriage, so that the benefits of the more dynamic registration of marriage any one be discriminated againts, so can be easily children and wife get the protection of civil rights. Marriage if it is possible to registrate, but not registrated is actually obscure the values of justice and maslahat in maqasid al-shariah. Saveral regulatory laws that exist in the Republic of Indonesia, is no exception of UU RI No. 1 Tahun 1974 concerning marriage can be applied elasticly, reflecsibly and dynamicly, rather than the reserve applied in staticly, rigidly and descructively that people are not discriminated againts in realizing values of protection, justice and rule of law; children born in marriage unattended or not registrated not seen let alone considered child out of marriage, not in the block to get its civil rights, but the goverment as a law enforcement and legislatory enforcement make registrated that marriage is not registrated.

Kontekstualisasi Cerai Talak dalam Fikih dan Hukum Nasional di Indonesia Fikri Fikri; Saidah Saidah; Aris Aris; Wahidin Wahidin
Al-Ulum Vol. 19 No. 1 (2019): Al-Ulum
Publisher : Institut Agama Islam Negeri (IAIN) Sultan Amai Gorontalo

This paper aims to respond contextualization of divorce through in fiqh and national law in Indonesia. This study is conducted with a qualitative descriptive using normative theological, sociological, and formal juridical approaches. The study shows that;1) divorce is absolute right of a husband to his wife so that it is legitimate, the belief is actualized that divorce is spoken by husband is a legitimate fiqh perspective, because the law automatically applies who said it; 2) Divorce is done outside the Religious Court there is no legal force, wife cannot claim her rights, Islamic society must obey the legal system in Indonesia although talak is sourced from fiqh can apply automatically, but islamic society cannot ignore in law enforcement from the legal system that applies in Indonesia.

Integrasi Kearifan Budaya Bugis: Malebbi Warekkadanna Makkiade Ampena dalam Membangun Jiwa Agama Mahasiswa di IAIN Parepare Mukhtar Mas'ud; Fikri Fikri; Neti S Neti S; Sitti Jamilah; Muzakkir Muzakkir
Al-Ulum Vol. 20 No. 2 (2020): Al-Ulum
Publisher : Institut Agama Islam Negeri (IAIN) Sultan Amai Gorontalo

This study focuses on integrating Bugis culture malebbi warekkadanna makkiade ampena in building the religious spirit of students. This qualitative research with sociological, anthropological, and religious approaches was applied using in-depth interviews, observation, and documentation at IAIN Parepare. The results showed that the religious studies at IAIN Parepare as an extra activity apart from lectures could manifest the personality of having intelligence, depth of knowledge, and religious spirit as a student with good moral character. The integration of Bugis culture malebbi warekkadanna makkiade ampena with the religious studies transforms students into educated human beings with good moral character, loves religion and culture in the context of being able to speak and act politely.

Penerapan Asas Lex Specialis Derogat Legi Generalis dan Penyelesaian Sengketa Ekonomi dalam Undang-Undang Perbankan Syariah di Indonesia Fikri La Hafi; Budiman Budiman
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 12 No. 1 (2017)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v12i1.1200

Tulisan ini mengkaji Undang-Undang Republik Indonesia Nomor 23 Tahun 2004 tentang Perubahan atas Undang-Undang Republik Indonesia Nomor 10 Tahun 1998 tentang Bank Indonesia, yang berlaku umum. Sedangkan Undang-Undang Republik Indonesia Nomor 21 Tahun 2008 tentang Perbankan Syariah, berlaku khusus. Penerapan asas lex specialis derogat legi generali menegaskan bahwa Undang-Undang Republik Indonesia Nomor 21 Tahun 2008 memiliki kedudukan lebih kuat dibandingkan Undang-Undang Republik Indonesia Nomor 23 Tahun 2004 yang berlaku umum. Keberlakuan Undang-Undang Republik Indonesia Nomor 21 Tahun 2008 mengokohkan eksistensi perbankan syariah untuk leluasa menjalankan aktivitas dan produk-produknya. Di samping itu, apabila merujuk kepada Undang-Undang Republik Indonesia Nomor 30 Tahun 1999, maka penyelesaian sengketa perbankan syariah dapat ditempuh melalui dua cara yaitu, pengadilan negeri dan badan arbitrase. Namun setelah berlakunya Undang-Undang Republik Indonesia Nomor 21 Tahun 2008 Pasal 55, dengan jelas disebutkan bahwa pengadilan yang berwenang melaksanakan putusan Badan Arbitrase Syariah Nasional (Basyarnas) dan menyelesaikan sengketa perbankan syariah adalah pengadilan agama.(This paper reviews the Act of the Republic of Indonesia Number 23/2004 regarding Amendment to the Act Number 10/1998 concerning Indonesia Bank, which is in effect generally. On the other hand, the Act number 21/2008 regarding sharia banking applies more specifically. The application of lex specialis derogat legi generali principle confirms that the Law of the Republic of Indonesia Number 21/2008 has a stronger position than the Law Number 23/2004, which is generally in effect. The enforcement of the Law of the Republic of Indonesia Number 21/2008 affirms the existence of sharia banking to freely run its activities and products. In addition, when referring to the Law of the Republic of Indonesia Number 30/1999, the resolution of Islamic banking disputes can be done through two ways, namely, the district court and the arbitration body. However, after the Law of the Republic of Indonesia Number 21/2008, Article 55 comes into effect, it is clearly stated that the court authorized to enforce the decision of the National Sharia Arbitration Board (Basyarnas) and settle the disputes over sharia banking is a religious court)

Refleksi Sistem Pangngaderreng dalam Sosial Budaya Bugis-Makassar: Analisis Putusan Pengadilan Agama Fikri Fikri
Al-'Adl Vol 9, No 2 (2016): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Islamic law as the law of life that is living law in a society refleksitas social behavior of individuals. Islamic law also believed to be the soul or spirit of the community in managing an individual's life when the interaction between one and the other as a social being. Islamic law in the life of society is no longer seen as the rules but also the behavior. Through behavioral, cultural interpretation by humans discovered the laws that apply to him. In turn Islamic law are considered potent provide a solution when there is a social problems that arise in the life of society. Pangngaderreng or pangngadakkang systems that organize and regulate the legal matters of inheritance and marriage laws in force in the social and cultural Bugis-Makassar no small raises diversity issues in family law. Moreover, the existence of the Religious Court as a state institution has a role to complete each particular case of the Islamic community in the form of a ruling. The court ruling Religion, has permanent legal force that can be executed with forceful measures, so that the public must submit and obey the decision of the judge in court.

Fulfillment Matter of Education Rights of Children in Conflict With the Criminal Law Nurhamdah Nurhamdah; Emilia Mustary; Fikri Fikri; Subhan Saleh; Nabilahumaida Nabilahumaida
Jurnal Ilmiah Al-Syir'ah Vol 20, No 1 (2022)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v20i1.1825

This study aims to determine the forms of the fulfillment of education rights for children in conflict with the criminal law in Indonesia through the "Independent School" program and the factors hindering its practice. It was field research in the form of a case study with data collection techniques: observation and interviews. The research findings reveal that the fulfillment of the right to education for children conflicts with the criminal law (ABH) already carried out but not optimally as regulated in Permen PPPA No. 15 of 2010. This can be seen from the efforts of the staff at LPKA to open non-formal classes even though they do not have adequate classrooms and facilities and the unavailability of professional teaching staff. The inhibiting factor is the absence of human resources in the form of professional teaching staff and limited facilities and infrastructure. As a result, the implementation of education did not work well because the teaching staff did not have an official educational background, and teaching activities were only performed as additional duties as staff at LPKA. The study results show that the LPKA staff's role is vast in providing education to ABH regularly to fulfill education rights. The implications are expected to become input for the LPKA Class II Maros policy to provide management and learning techniques to staff and input for the central government to recruit teaching staff and social workers as well as the provision of facilities and infrastructure.

Legislasi Hukum Kewarisan Islam Menuju Hukum Nasional: Analisis Nilai-Nilai Keadilan Dalam Masyarakat Bacukiki Parepare Fikri Fikri; Andi Bahri; Budiman Budiman
Al-Risalah Vol 17 No 01 (2017): June 2017
Publisher : Faculty of Sharia, Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

This research about Islamic law is as the applicable and acceptable law in Indonesian society. Islamic law placed inheritance law to regulated directly with the problems of socio-cultural in community, using the theological normative, yuridical and sociological approach. However, the Islamic inheritance lawstill regulated in the Instruction President Number 1, 1991 on KHI. The enforcement of KHI has not given satisfaction among Muslims including Islamic jurists. It caused the existence of KHI was not placed in the hierarchy of legislation Indonesia. Nowdays, the spirit of Islamic Indonesian society in order that the Islamic inheritance law will be legislated as well as marriage law. Even though, when the application of the Islamic inheritance law in the form of legislation as national law, the principle of justice should be Implemented in human life, family and society, even nation life.

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