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All Journal Al-Istinbath: Jurnal Hukum Islam Normative: Jurnal Ilmiah Hukum
Zulhendra, Joni
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Religion Law, Crime, Criminology & Criminal Justice

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BPJS (BADAN PENYELENGGARA JAMINAN SOSIAL) DITINJAU DARI HUKUM ISLAM Zulhendra, Joni
Normative Jurnal Ilmiah Hukum Vol 10 No 2 (2022): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31317/normative jurnal ilmah hukum.v10i2 November.816

Abstract

Health is a basic right of every person, and all citizens are entitled to health services. Taking into account the level of health urgency including carrying out the mandate of the 1945 Constitution, the government at both the central and regional levels has made several efforts to improve the ease of access to health facilities. 1. The perspective of Islamic law on the Social Security Administering Body (BPJS) Health in Indonesia which has the principle of social insurance according to the author is that the current conditions are not right because it can cause harm, namely the monthly contributions/premiums that will be deposited to the BPJS are still too high and the existence of the determination of sanctions for those who do not pay dues, the BPJS health program still contains elements of injustice in the concept of At Takaful Al Ijtma', with the contributions given there is a separation of the poor, middle and rich, especially in service, BPJS health in practice still contains elements of maishir, gharar, and usury, so according to the author the law falls into syubahat.
Politik Uang Sebagai Upaya Mendapatkan Suara Masyarakat Perspektif Hukum Islam Zulhendra, Joni; AS, Boiziardi
Normative Jurnal Ilmiah Hukum Vol 11 No 2 November (2023): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31317/normative.v11i2 November.995

Abstract

This article is motivated by the phenomenon in society of using money as an effort to get people's votes in elections. In the perspective of Islamic law, money politics is called risywah or bribery, an act that is false or counteracts a rightful act and is prohibited by the syara' because it can damage the government structure. In Islamic law and in law, money politics is viewed as a prohibited act and as a result of this act the perpetrator can be punished by a judge in accordance with the applicable law, whereas in Islamic law a person who has been given the mandate to become a leader, then he or she cannot If you care for it well, a person will not smell the smell of heaven. The difference between the two views of money politics is not too explicit, namely that the source of Islamic law comes from the Koran and hadith, while laws originate from humans or regulations are made by humans
The Crown Witness From the Point of View of Islamic Criminal Law in Truth Discovery of Criminal Cases in Indonesia Zulhendra, Joni; Firdaus, Firdaus; Wirman, Hardi Putra
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 1 May (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i1.6918

Abstract

This article aims to elucidate  Islamic criminal law's point of view on the existence of crown witnesses in the truth discovery of criminal cases in Indonesia. In fulfilling the shortage of witness evidence, one of the perpetrators of the crime was carried as a case witness in the case. This study uses normative research methods by reviewing books relevant to the problem (Library Research) by tracing, comparing, and analyzing normative doctrinal law through a qualitative approach regarding crown witnesses. This study found that Islamic criminal law requires fairness to be accepted as a witness. If a crown witness is indeed needed as evidence to reveal a criminal case without being accompanied by other supporting evidence, then a crown witness is permitted. Should there is other evidence, the crown witness will be disqualified because the crown witness does not meet fair requirements. The rule of law in Indonesia based on the Criminal Procedure Code (KUHAP) article 185 paragraph 2 states that the statement of one witness is insufficient to prove a criminal case called the principle of unus testis nullus testis (one witness is not a witness). Therefore, there are no other witnesses apart from the crown witness.
Co-Authors AS, Boiziardi Firdaus Firdaus Hardi Putra Wirman, Hardi Putra