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All Journal Jambura Law Review Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Abdul Razak
Hasanuddin University
Law, Crime, Criminology & Criminal Justice

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Principle of Maximum Liability of Available Resources (MAR) in Regional Finance in Indonesia Ansar Ansar; Zulkifli Aspan; Abdul Razak
Jambura Law Review VOLUME 4 NO. 1 JANUARY 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (498.027 KB) | DOI: 10.33756/jlr.v4i1.7689

Abstract

One of the major resources in the regions is financial resources which are usually translated into the Regional Revenue and Expenditure Budget (APBD). In its management, it creates uncertainty about the fulfillment of human rights in regional financial management. This is because one of them is the regional financial regulation which causes the budget allocation for the issue of Economic, Social and Cultural Rights to be very inadequate. In this study, the authors used a normative research method by examining several regional regulations on APBD, using two approaches, namely the statutory approach and the conceptual approach. The research locations were selected in 6 regions, namely Bangka Belitung Islands Province, South Kalimantan Province, Malang City, Denpasar City, and Palu City. The author limits it only to economic, social and cultural rights in particular, the right to education, the right to health, the right to food, and the right to housing. Based on the results of the research, the authors propose that the government applies the Principle of Maximum Available Resources (MAR) in the management of regional finances, particularly in the budget for the fulfillment of economic, social and cultural rights.
Public Health Protection and Social Insurance: Reforming Legal Norms through Contextualized Islamic Economic Law Ade fisti pongoliu; Abdul Razak; Marwati Riza; Sri Susyanti Nur; Uzodinma Yurriens
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 12, No 2 (2025): October
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v12i2.8402

Abstract

Public health protection and social insurance represent foundational pillars in achieving equitable welfare across societies. In many Muslim-majority countries, however, existing social policies often fail to fully reflect Islamic legal values in a contextualized manner. This study aims to reformulate positive legal norms concerning public health and social protection through the lens of Islamic economic law. Employing a normative juridical approach, the study applies maqāṣid al-sharī‘ah as its primary theoretical framework, supported by literature reviews and comparative analysis of social policy models in selected Muslim-majority states. The findings reveal that integrating Islamic financial instruments—such as zakat for funding basic healthcare, productive waqf for health facility development, and social insurance schemes based on tabarru’ and ta’āwun can be practically implemented as viable alternatives to conventional systems. In Indonesia, policies grounded in these principles show strong potential to reduce the burden on the state budget (APBN) while simultaneously enhancing social solidarity. A contextualized application of Islamic economic law proves not only normatively sound but also practically effective in designing a socially just and resilient protection system capable of responding to contemporary challenges
Co-Authors Ade fisti pongoliu Ansar Ansar Marwati Riza Sri Susyanti Nur Uzodinma Yurriens Zulkifli Aspan