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All Journal INFERENSI Al-Manahij : Jurnal Kajian Hukum Islam
Misnen Ardiansyah
UIN Sunan Kalijaga
Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice

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Economic Pragmatism of Yogyakarta Muslim Community in Selecting Banking Institutions Itsla Yunisva Aviva; Misnen Ardiansyah; Syafiq Mahmadah Hanafi
INFERENSI: Jurnal Penelitian Sosial Keagamaan Vol 14, No 2 (2020)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/infsl3.v14i2.201-220

Abstract

This research discusses the motives of the Muslim community in choosing banking institutions by using the analysis of pragmatism theory. This research is qualitative research using a phenomenology approach. Data collection that is used in this research is the interview, observation, and documentation. The result of the study indicated that the Muslim’s customer of Yogyakarta tend to be pragmatic  due to the character of society which has more accommodating and flexible philosophy of life (tolerance). This pragmatic attitude was influenced by the internal factors (cognitive limitations) and external factors (reputation and service of Conventional Banks). Furthermore, adopting from the theory of  Schutz’s motives that the motives reason (because of motive) of Yogyakarta's Moslem customers in choosing to the bank are their inconsistency in choosing is influenced by economic and service motives that are stronger than religious motives. As for their destination motive (in order to motive) namely fulfilling their needs.
The Paradigm of Progressive Judge’s Decision and Its Contribution to Islamic Legal Reform in Indonesia Suad Fikriawan; Syamsul Anwar; Misnen Ardiansyah
Al-Manahij: Jurnal Kajian Hukum Islam Vol 15 No 2 (2021)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (393.919 KB) | DOI: 10.24090/mnh.v15i2.4730

Abstract

All this time, both in academic discourse and the reality of legal practice in the field tend to show a lack of attention to the rule of judges as an instrument of legal reform. Generally, the law is regarded as the main instrument of legal reform. Therefore, instilling an understanding of the law enforcement officers, especially the judges through their decision, is a very urgent thing to do. The main issue to be discussed in this paper is: How is the contribution of the Judge's decision to legal reform in Indonesia? This study used the perspective of the School of Sociological Jurisprudence, mainly the philosophical mind of Roscoe Pound. The results of this study show that the effort to make a judge's decision as a means of legal reform is a necessity. This can be realized through a progressive legal paradigm. The presence of a progressive legal paradigm is very important in order to give birth to a progressive type of judge who has a legal decision that qualifies maturity of law. The product of a progressive judge's decision is expected to become a jurisprudence that can be used as a reference in solving the next case so that judges will be able to make the law, not merely as a tool of social control as well as a tool of social engineering. These conceptions of legal function are essentially about to reveal that the nature of the law is dynamic rather than static. The legal philosophy of the sociological jurisprudence school offers a holistic understanding and a holistic view of the law, that is, the law applied must pay attention to the values, the living law, and the local wisdom of society. This holistic understanding of the law will ultimately be able to unify the law and society as its sociological basis.
Co-Authors Itsla Yunisva Aviva Suad Fikriawan Syafiq Mahmadah Hanafi Syamsul Anwar