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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Milkiyah: Jurnal Hukum Ekonomi Syariah
Soeleman Djaiz Baranyanan
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Problematics of Decentralization in the Field of Health Law in the Autonomous Era Iqbal taufik,; Soeleman Djaiz Baranyanan; Muhammad Irham
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.5113

Abstract

Based on positive law, which applies in Indonesia, decentralization has "chosen" to give up some of its authority to autonomous regions. The delegated authority is very broad, because in Law Number. 23 of 2014 uses a residual system when determining what is the authority of local governments. With the residual system, the central authorities have been clearly defined in advance, while the rest are autonomous regions. Therefore, authority in the health sector has become an autonomous regional government authority, because that authority is not determined as the authority of the central government. On the one hand this benefits the local government, because by using its authority, the regional government can regulate the health sector according to its aspirations and capabilities. This research was approached in terms of legal science, both at the dogmatic level, legal theory, and legal philosophy. In this study also used a normative legal approach or library law, namely legal research conducted by examining library materials or secondary data. Normative legal research or literature includes research on semantic law, research on the degree of vertical and horizontal synchronization, comparison of law and history of law. Research on legal principles is carried out by interpreting the legal norms formulated in laws and regulations relating to local government in Indonesia. Based on this research study, it can be concluded that in terms of law and policy as well as the scope of authority of regional governments that support regional autonomy in the health sector, it is still unclear and inconsistent in the description of the functions and authority of regional governments in the health sector.Keywords:Decentralization; Health Law; Regional Autonomy
Preserving Indonesia's Unity Through The Law Based On Bhineka Tunggal Ika Soeleman Djaiz Baranyanan; Muhammad Irham; Iqbal Taufik; Hendrik Salmon; Sherlock Halmes Lekipiouw
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5977

Abstract

Based on positive law, which applies in Indonesia,decentralization has "chosen" to give up some of itsauthority to autonomous regions. The delegated authority is very broad, because in Law Number. 23 of2014 uses a residual system when determining what is the authority of local governments. With the residualsystem, the central authorities have been clearly defined in advance, while the rest are autonomous regions.Therefore, authority in the health sector has become an autonomous regional government authority, becausethat authority is not determined as the authority of the central government. On the one hand this benefits thelocal government, because by using its authority, the regional government can regulate the health sectoraccording to its aspirations and capabilities. This research was approached in terms of legal science, bothat the dogmatic level, legal theory, and legal philosophy.In this study also used a normative legal approach orlibrary law, namely legal research conducted by examining library materials or secondary data.Normative legal research or literature includes research on semantic law, research on the degree of vertical andhorizontal synchronization, comparison of law and history of law. Research on legal principles is carriedout by interpreting the legal norms formulated in laws and regulations relating to local government inIndonesia. Based on this research study, it can be concluded that in terms of law and policy as well as thescope of authority of regional governments that support regional autonomy in the health sector, it is still unclearand inconsistent in the description of the functions and authority of regional governments in the health sector
Yelim Philanthropy: Exploring Social Cohesion and Alignment with Sharia Economic Law in Kei Society Awaluddin, Syah; Uar, Eka Dahlan; Soeleman Djaiz Baranyanan; Nurhayati; Bin Ali, Mohamad Fairuz
Milkiyah: Jurnal Hukum Ekonomi Syariah Vol. 4 No. 1 (2025): Milkiyah: Jurnal Hukum Ekonomi Syariah, Vol. 4 No. 1 2025
Publisher : Sekolah Tinggi Agama islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/milkiyah.v4i1.1470

Abstract

The practice of Yelim as a form of interfaith philanthropy has yet to be scrutinised in the intersecting fields of legal sociology and Islamic economic law. The purpose of this study is to reveal the practice of Yelim in encouraging legal consciousness and social cohesion in the Kei Community and to show the harmony of its practice under the principles of Sharia economic law. This study is qualitative research under the phenomenological approach to deeply interpret the practice of Yelim with a focus on philanthropy, and fund management. Data were obtained through interviews, observation and documentation. The results disclose that Yelim is undertaken accountably by traditional figures and community members. The funds have been used for social purposes, including weddings, funerals, religious buildings, and education support. The philanthropy of both Muslims and Christians in the collection and utilisation exemplifies social solidarity and the principle of distributive justice. According to Islamic economic law, the philanthropy management has been in line with maqāṣid al-sharī'a in the principles of Hifzh al-Nafs and Hifzh al-Māl, linking to maslahah, trust, humanity and justice. The tradition undertaken has shown the legal awareness rooted in social norms and ancestral values, not merely formal legal texts. Yelim serves as a model for integrating customary law and Sharia economic principles in multicultural communities.
Co-Authors Awaluddin, Syah Bin Ali, Mohamad Fairuz Hendrik Salmon Iqbal Taufik Iqbal taufik, Muhammad Irham Nurhayati Sherlock Halmes Lekipiouw Uar, Eka Dahlan