Articles
<![CDATA[PERLINDUNGAN HUKUM TERHADAP SELLER DALAM SKEMA PEMBAYARAN SHOPEEPAY LATER PERPSEKTIF HUKUM EKONOMI SYARIAH ]]>
<![CDATA[Sari, Desi Ratna]]>;
<![CDATA[Rochmiyatun, Siti]]>;
<![CDATA[Himsyah, Fatroyah Asr]]>
<![CDATA[ Muamalah Vol 7 No 2 (2021): Muamalah ]]>
Publisher : <![CDATA[Program Studi Muamalah Fakultas Syariah dan Hukum ]]>
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<![CDATA[Penelitian ini berjudul “Perlindungan Hukum Terhadap Seller Dalam Skema Pembayaran Shopeepay Later Perspektif Hukum Ekonomi Syariah)”, dalam pelaksanaanya para konsumen sering kali tidak melunasi pinjaman Shopeepay Later. Hal tersebut dapat merugikan pihak seller dan pihak Shopee, maka dari itu penelitian ini bertujuan untuk mencari tahu perlindungan hukum terhadap seller di dalam skema pembayaran Shopeepay Later.Penelitian ini menggunakan metode penelitian normatif, dan jenis dalam penelitian ini yaitu penelitian hukum doktriner, disebut juga penelitian perpustakaan (library research). Jenis data yang digunakan pendekatan kualitatif. dari sumber hukum sebagai data primer dan sumber hukum skunder.Hasil dari penelitian berdasarkan Undang-undang Perlindungan Konsumen Nomor 8 Tahun 1999, pihak konsumen tidak melaksanakan kewajiban hukum karena melakukan tindakan tidak baik dan merugikan pihak Shopee dan seller, sedangkan dalam Hukum Ekonomi Syariah, pihak yang melakukan transaksi riba tersebut adalah pihak pembeli dan pihak Shopee, dan pihak seller tidak mengetahui sama sekali mengenai hal tersebut.Kata Kunci: Shopeepay Later, Riba Qardh, Hukum Ekonomi Syariah]]>
<![CDATA[PERDAGANGAN PEREMPUAN PERSPEKTIF YURIDIS ]]>
<![CDATA[Siti Rochmiyatun]]>
<![CDATA[ An Nisa'a Vol 7 No 1 (2012): An Nisa'a ]]>
Publisher : <![CDATA[Pusat Studi Gender dan Anak Universitas Islam Negeri Raden fatah palembang ]]>
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<![CDATA[The criminal action of woman/girl trade as one of the forms of violence against women is a kind of humanity crime. This criminal action has been listed in the Article 297 of the Criminal Code, but this crime keeps on occurring and becomes a more complex form or objective of women trade. The cases of woman/girl trade in Palembang City reported to the Police Department of the Provincial Government of South Sumatera from 2003 to January 2004 amount to 8 (eight) cases, six of which have been sentenced by Pengadilan Negeri (The Court of First Instance) IA Class of Palembang. One case did not have a sufficient proof and one case was not clear. The form or the objective of woman/girl trade inPalembangCity is to make the victims the prostitutes including domestic and international woman/girl trade. This writing describes more comprehensively how woman/girl trade inPalembang is.]]>
<![CDATA[Juridical Implications of The Constitutional Court's Ruling for Impeachment of The President and/or Vice President if Proven to Have Committed Corruption ]]>
<![CDATA[Agustono Agustono]]>;
<![CDATA[Siti Rochmiyatun]]>;
<![CDATA[Yazwardi Yazwardi]]>
<![CDATA[ Syiar Hukum Volume 20, No 1 (2022) : Syiar Hukum : Jurnal Ilmu Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Bandung ]]>
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DOI: 10.29313/shjih.v20i1.9384
<![CDATA[The assertion that the Indonesian state is based on law has proven that the law is placed at the most important level in the life of the state as a manifestation of the rule of law as commander in chief. Therefore, every attitude, decision, policy, behavior, act of state apparatus and citizens in the life of the nation and state must obey the applicable legal rules and norms, and this applies equally to every citizen so that they get equality before the law. The President and/or Vice President who carry out the mandate of the people as the Head of State and government, can be dismissed for reasons stipulated by the 1945 Constitution. The process of dismissing the President and/or Vice President from office has undergone various changes since the pre-amendment of the 1945 Constitution and Post-amendment, with its various characteristics, the 1945 Constitution has now provided space for the Constitutional Court to examine and adjudicate the opinion of the DPR in the context of dismissing the President and/or Vice President if it is suspected that they have committed unlawful acts or are no longer fit to serve as President. The 1945 Constitution also mandates that the process of dismissing the President and/or Vice President is taken through the parliamentary political process and then submitted to the legal process through the Constitutional Court, then returned to the political process at the MPR which determines the dismissal in the Plenary Session. Although the political process appears to be more dominantly put forward, so that constitutional debates arise in addressing the impeachment process in Indonesia, the crime responsibility of a President and/or Vice President must be processed thoroughly in accordance with the legal system in force in Indonesia, as a consequence of an act that violates the law.]]>
<![CDATA[Abandonment of Women’s Rights in Child Marriage; An Islamic Law Perspective ]]>
<![CDATA[Qodariah Barkah]]>;
<![CDATA[Arne Huzaimah]]>;
<![CDATA[Siti Rochmiyatun]]>;
<![CDATA[Andriyani]]>;
<![CDATA[Zulmi Ramdani]]>
<![CDATA[ Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 17 No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI) ]]>
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DOI: 10.19105/al-lhkam.v17i2.6725
<![CDATA[The number of child marriages has recently increased significantly, particularly during the Covid-19 pandemic. This is caused by assumption that child marriage will save the child's financial and social security. In fact, child marriage actually causes many problems, especially regarding the abandonment of women's rights in domestic life. This is contrary to the purpose of marriage in Islam which is to create harmonious, prosperous and happy household. This study aims to gain an in-depth understanding on the forms of abandonment of women's rights in child marriage cases and how the Islamic family law perspective percieves it. The data were obtained through observation, interviews, and literature searches. The research location was conducted in Palembang City, South Sumatra, Indonesia. Data analysis is carried out with an interpretive approach to give meaning so that it has coherence between one another. The research findings show that the forms of abandonment of women's rights in child marriage cases include three types, namely the abandonment of economic rights, human rights and reproductive rights. The abandonment occurs because of community’s legal culture which considers the action as commonplace in the household. Even, the victim of abandonment allowed herself stuck in that position. According to Islamic family law, the abandonment of women's rights in the household is an act of disobedience against justice as well husband’s reluctance to the wife. It is a form of violation of the commands of Allah and His Messenger which is is also emphasized in the legislation with the existence of both social and criminal sanctions.]]>
<![CDATA[Pembagian Harta Waris Menurut Kebiasaan Masyarakat Desa Sanding Marga Perspektif Hukum Waris Islam dan KUHPerdata ]]>
<![CDATA[Medi Sandira]]>;
<![CDATA[Siti Rochmiyatun]]>;
<![CDATA[Yusida Fitriyati]]>
<![CDATA[ Muqaranah Vol 7 No 1 (2023): Muqaranah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Fatah Palembang ]]>
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DOI: 10.19109/muqaranah.v7i1.18401
<![CDATA[Indonesian people have their own habits regarding the distribution of inheritance, such as those in the Sanding Marga Village community. The people of this village do not carry out inheritance distribution as determined by Islamic law. Thus, this study aims to examine the distribution of inheritance in the Sanding Marga village community in the perspective of Islamic inheritance law and civil law. The problem in this research is how to analyze Islamic inheritance law and civil law on the habit of dividing inheritance in the people of Sanding Marga Village. This research is a field research with locations in Sanding Marga Village. Primary data and secondary data are used together in this study. The data that has been collected was analyzed descriptively qualitatively. The results of the study found that the Sanding Marga village community distributed inheritance in a kinship manner by way of deliberation. Inheritance is divided equally by both women and men. Distribution of inheritance like this is not prohibited in Islamic inheritance law as long as it is done peacefully and does not cause disputes. According to civil law, this is also not prohibited.]]>
<![CDATA[ANALISIS PRINSIP GOOD COORPORATE GOVERNANCE DALAM PENGELOLAAN WAKAF PRODUKTIF DI YAYASAN SEKOLAH ISLAM TERPADU (SIT) AL-FURQON ]]>
<![CDATA[Arta Amaliah Nur Afifah]]>;
<![CDATA[Siti Rochmiyatun]]>
<![CDATA[ Jurnal I-Philanthropy Vol 1 No 1 (2021): I-PHILANTHROPY:A Research Journal On Management Of Zakat and Waqf ]]>
Publisher : <![CDATA[Prodi Manajemen Zakat dan Wakaf Fakultas Ekonomi dan Bisnis Islam ]]>
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DOI: 10.19109/iphi.v1i1.9594
<![CDATA[This study aims to reveal the management of productive waqf and the application of the Principles of Good Corporate Governance in the Management of Productive Waqf at The Al-Furqon Integrated Islamic School Foundation (IISF). Methods of data collection using field research techniques with interviews, observation, and documentation. Data analysis used a qualitative descriptive method with steps data reduction, data display, and conclusion drawing which showed that the management of productive waqf at The Al-Furqon Integrated Islamic School Foundation (IISF) had been managed properly and met the requirements indicators of the Principles of Good Corporate Governance. Application of the principles of transparency, accountability, responsibility, independency, and fairness can be applied in the productive waqf management system at The Al-Furqon Integrated Islamic School Foundation (IISF). Although the accountability principle has not fully fulfilled the Good Corporate Governance Principles.]]>
<![CDATA[Pelimpahan Kekuasaan Dalam Jual Beli Tanah Kavling Tanpa Sertifikat Prespektif Hukum Ekonomi Syariah ]]>
<![CDATA[Marisa Natasya]]>;
<![CDATA[Siti Rochmiyatun]]>
<![CDATA[ Journal of Sharia and Legal Science Vol. 2 No. 2 (2024): Journal of Sharia and Legal Science ]]>
Publisher : <![CDATA[CV. Doki Course and Training ]]>
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DOI: 10.61994/jsls.v2i2.680
<![CDATA[Delegation of power states that the transfer, delegation, or granting of a mandate carried out by one person to another. In this delegation of power, problems often occur due to irresponsible parties. Therefore, this study formulates the main problem as follows: how is the delegation of power in the sale and purchase of land plots without certificates on Jalan Taqwa Mata Merah, Palembang. The purpose of this study is to examine the delegation of power in the sale and purchase of land plots without certificates from the perspective of Sharia Economic Law. This study is an empirical legal study. Data sources consist of primary data and secondary data. Primary data were obtained through interviews with informants. The results of the study indicate that problems in the delegation of power in the sale and purchase of land plots without certificates occur because they are carried out verbally. This delegation of power in the perspective of Sharia Economic Law is called the wakalah bil ujrah contract to obtain. The delegation of power that occurred in this case is not in accordance with the wakalah bil ujrah contract and is detrimental to the parties in the sale and purchase of land plots.]]>
<![CDATA[PENGEMBANGAN PARADIGMA WAKAF HAK ATAS TANAH DI INDONESIA SEBAGAI UPAYA MENINGKATKAN KESEJAHTERAAN MASYARAKAT ]]>
<![CDATA[Rochmiyatun, Siti]]>
<![CDATA[ Nurani Vol 17 No 2 (2017): Nurani: jurnal kajian syari'ah dan masyarakat ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Fatah Palembang ]]>
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DOI: 10.19109/nurani.v17i2.1846
<![CDATA[Waqf land is a recommended implementation of Islamic worship, which has social and economic aspects for the community. Waqf paradigm of land in the community becomes one of the obstacles in advancing Waqf in Indonesia. The development of paradigms such as Waqf should be in writing, professional management appointments, more productive, the development of object types and their allocation, the exchange of waqf objects, the pattern of selection of waqf objects, and pledges of endowments aimed at the general public. Therefore, the development of land paradigm of Waqf should always refer to the principles of Islam. Such management in the community is a strategic step for the development and development of Waqf, in order to achieve and improve the welfare of the community.]]>
<![CDATA[PROBLEMATIKA PENGELOLAAN TANAH WAKAF PRODUKTIF BERBASIS MASJID: (Studi Kasus Terhadap Tanah Wakaf Masjid Di Kota Palembang) ]]>
<![CDATA[Rochmiyatun, Siti]]>
<![CDATA[ Nurani Vol 18 No 1 (2018): Nurani: jurnal kajian syari'ah dan masyarakat ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Fatah Palembang ]]>
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DOI: 10.19109/nurani.v18i1.1939
<![CDATA[Waqf is one of the most highly recommended worship in the teachings of Islam, to be used by someone as a means of distributing gift by Allah SWT to him. The practice of waqf is of great value to socio-economic, cultural life. Management of Waqf land productively mosques in Palembang City has been implemented, but in general most mosques still do not manage Waqf land mosque productively. The problematic for managing the Waqf land of a mosque productively are, 1. The legal substance (AIW substance of Waqf land) may impede implementation; 2. Understanding of some Nazhir/ Mosque management on the management of productive Waqf land is still low; 3. The general understanding of the community about the management of productive Waqf land is still low; 4. The ability of Nazhir/ Managers to manage and develop productive enterprises is still low; 5. Community culture does not encourage the implementation of productive waqf land management; 6. Community law culture is a legal awareness to implement the law, especially regarding the management and development of Waqf land productively low. Efforts that can be done to overcome the problematic is the Office of the Ministry of Religious Affairs and BWI, BWI Representative of South Sumatra should increase the socialization and comprehensive training of productive waqf management to mosque nazhir and the community around the mosque.]]>
<![CDATA[THE POLITICAL OF LAW TO THE GOVERNMENT POLICY ABOUT REMISSION ]]>
<![CDATA[Yudistira, Erik]]>;
<![CDATA[Marsaid, Marsaid]]>;
<![CDATA[Rochmiyatun, Siti]]>
<![CDATA[ Nurani Vol 21 No 1 (2021): Nurani: jurnal kajian syari'ah dan masyarakat ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Fatah Palembang ]]>
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DOI: 10.19109/nurani.v21i1.7742
<![CDATA[The law refers to a rule of life in accordance with the ideals of living together and the principles of justice. The content of the rule of law should be fair. Without justice, law is only formalized violence. The law is felt to be important when dealing with injustice. Through a political perspective, law is viewed as a product or output of a political process or the result of consideration and formulation of public policy. However, besides law as a product of political consideration, there is political law which is the basis or basis of policy for determining the laws that should apply in the state. As mandated by the Constitution, one of which produces a remission regulation, Remission is essentially the right of all prisoners and applies to anyone as long as the prisoner is serving a life sentence. The problem that arises is that the application of remission requirements is not in accordance with the expected objectives. Thus, the purpose of this study is to determine the implementation of remittances in Government Regulation Number 99 of 2012 concerning Terms and Procedures for the Implementation of the Rights of the Convicted; and analysis of Political Law and Government Policy on Remissions in Government Regulation Number 99 of 2012 concerning Remissions in Article 34A seen from Article 34. This type of research is qualitative using secondary data. The research results are if we look at the corners of the hierarchy of the laws and regulations stipulated in Article 7 of Law Number 12 of 2011 concerning the Establishment of Legislative Regulations, then the provisions for granting the remission of corruptors in Government Regulation Number 99 of 2012 are contrary to Article 5 of the Law on Corrections. This is because the substance contained in Article 34 Paragraph (1) a and b of this Government Regulation is a new norm that is contrary to the philosophy, objectives, vision and mission of the Law on Corrections itself which prohibits discriminatory treatment and treatment of prisoners.]]>
