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Al-Daulah : Jurnal Hukum dan Perundangan Islam
Published by Universitas Islam Negeri Sunan Ampel
ISSN : 20890109     EISSN : 25030922     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
al-Daulah: Jurnal Hukum dan Perundangan Islam (p-ISSN: 2089-0109 dan e-ISSN: 2503-0922) diterbitkan oleh Prodi Siyasah Jinayah (Hukum Tata Negara dan Hukum Pidana Islam) Fakultas Syari'ah dan Hukum UIN Sunan Ampel Surabaya pada bulan April 2011. Jurnal ini terbit setiap bulan April dan Oktober, dengan memuat kajian-kajian tentang tema hukum dan Perundangan Islam. Jurnal ini terakreditasi pada 1 Desember 2015 sesuai Keputusan Direktur Jenderal Penguatan Riset dan Pengembangan Kementerian Riset, Teknologi, dan Pendidikan Tinggi Republik Indonesia Nomor: 2/E/KPT/2015.
Arjuna Subject : -
Articles 7 Documents
 1 
Search results for , issue "Vol. 11 No. 2 (2021): October" : 7 Documents clear
Settlement of Non-Performing Lending in Sharia Banking Through KPKNL Surabaya from The Perspective of Islamic Law Sulistyowati, Sulistyowati
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 11 No. 2 (2021): October
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2021.11.2.197-223

Abstract

In the face of non-performing lending caused by the absence of potential for recovery of the condition of Islamic Bank customers, the next strategy that can be carried out is through the disbursement of collateral to cover the customer's obligations. This strategy can be carried out with the help of related institutions such as institutions in charge of administering auctions, to resolve this problematic financing. Through KPKNL, customers voluntarily provide collateral and are assisted by the Bank to settle their obligations. However, if the opposite condition occurs, where there is no good faith from the customer, litigation can be taken to settle the customer's obligations. This litigation process takes place in court. In general, a warning letter will be given 3 times, if the customer does not pay attention, then it will be processed through the KPKNL. The auction procedure through the KPKNL will be discussed in this study, including the auction procedure for the object of this research. The analysis conducted by the research shows that the auction process through the KPKNL is as per the provisions and Islamic law regarding the sale and purchase of an object. However, the researchers found a discrepancy with Islamic law regarding the acquisition of auction objects derived from illegal seizure or looting. That is, no valid documents come with the object for auction. Therefore, it contravenes the principle of Islam in the Qur'an.
Tax Amnesty in Law Number 11 of 2016 Seen from The Perspective of Fiqh Al-Darībah (Taxation in Islam) Wigati, Sri; Sholihuddin, Muh; Jazil, Saiful
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 11 No. 2 (2021): October
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2021.11.2.173-196

Abstract

This research aims to elaborate on tax amnesty according to the provision set forth in Law Number 11 of 2016 seen from the perspective of fiqh al-ḍarībah or Islamic taxation. This library research studied secondary data sourced from books, journals, or other references. All the data were analyzed based on a content analysis technique. The research results reveal that tax amnesty is a breakthrough established by the government to expedite economic growth and restructure the economy by transferring assets, considering that this measure can increase domestic liquidity, increase exchange rate, decrease interest rate, and increase investment. Tax amnesty is part of the taxation reform paving into more just taxation and a more valid, comprehensive, and integrated taxation database. The values obtained from this tax collection should contribute to national development. From the perspective of fiqh al-ḍarībah, tax amnesty is within the study of mu'āmalah ijtihādiyyah, where the government is authorized to make laws concerning taxation and adheres to the principles of welfare and justice for citizens. The government is also responsible to decide the amounts of taxes to be paid by taxpayers. Ulama, however, suggested that there should not be any likelihood that taxation is perceived as a burden by people and that the collected taxes are intended for immoral conduct. Moreover, taxation is decided in deliberation. If all these requirements are not fulfilled, taxes collected may represent sinful conduct or injustice.
THE Role of Indonesian National Police in Preventing The Spread of Covid-19 from The Perspective of Fiqh Siyasah Musyafaah, Nur Lailatul; Rohmah, Maulidatur; Yolanda, Yue Sevin Eva; Izza, Zakiya
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 11 No. 2 (2021): October
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2021.11.2.224-245

Abstract

The article discusses the role of the Indonesian police in preventing the spread of the covid-19 virus from a fiqh siyasah perspective with a statutory approach. Research data were obtained from primary legal materials, namely laws, and regulations related to the Indonesian National Police. Secondary legal materials were collected from books, articles, and news and analyzed descriptively with a deductive mindset. Data on the role of the police during the Covid-19 pandemic based on Law No. 2 of 2002 concerning the National Police of the Republic of Indonesia was analyzed with a review of fiqh siyasah.  This research concludes that the Indonesian National Police agency acts as an instrument of law enforcement and supports the success of the Indonesian government in dealing with covid-19.  Among the duties of the Indonesian National Police during the Covid-19 pandemic are enforcing the law, educating the public, detecting the spread of the covid-19 virus early, and maintaining security.  The police force adheres to the role of al-hisbah in fiqh siyasah, aiming to invite people to act appropriately and prevent people from committing crimes.
Criminal Justice System Reform for Women as Victims of Domestic Violence Through Local Wisdom Fatoni, Syamsul; Muti’ah, Dewi; Wijaya, Dodik Pranata
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 11 No. 2 (2021): October
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2021.11.2.268-296

Abstract

The criminal justice system aiming to serve as a resolution of domestic violence should take into account the adat law system, religious law, and self-regulation living in society. Marriage Institution and Law Number 23 of 2004 concerning Abolishment of Domestic Violence turns out to be a criminogenic factor. This research seeks to investigate the criminal justice system linked to measures for the protection of women as victims of domestic violence in Indonesia and to find out and analyze the contribution of local wisdom to the reform of the system regarding the protection of female victims of domestic violence. This research required doctrines involving the study of secondary data supported by a field study and systematic analyses of the existence of the criminal justice system regarding domestic violence cases with an approach to the local wisdom in Madurese society. The research discovers that the criminal justice system in mitigating the female victims of domestic violence must be integrated and synergized with the sub-systems embracing police, health professionals, social workers, voluntary facilitators, and preachers assigned in criminal court as governed under the Law Number 23 of 2004. The presence of local wisdom in the reform of the criminal justice system concerning domestic violence cases represents the measures taken to shape criminal law in Indonesia by accommodating the values that live in societies, including religious teaching through restorative justice. This approach is intended to accommodate the interest of the victims and criminal offenders to resolve the issue within the criminal justice system.
Measuring The Likelihood of Unregistered Marriage (The Perspective of Siyasah Jinayah) Ubaidillah, Hasan
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 11 No. 2 (2021): October
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2021.11.2.246-267

Abstract

Unregistered marriage is not something uncommon in Indonesia, contrary to the promulgation of Law Number 1 of 1974 concerning Marriage requiring the state to only recognize the validity of a registered marriage. Unregistered marriage often puts women as victims and this practice tends to contravene Islamic law. There have been cases where women always end up with an unclear status as wives, considering that wives are not entitled to both juridical rights and Islamic law rights to cancel a marriage, while a divorce is not often clearly declared against wives by husbands. Despite the impacts resulting from unregistered marriage, this practice remains obvious in society. The notion demanding the criminalization of unregistered marriages is rising, while this view is opposed by some since it is deemed to contravene religious provisions. Departing from this polemic, this research employed a normative method to find out the legal standing of the criminalization of unregistered marriage pursuant to Islamic law. The research discovers that unregistered marriage is likely to take place according to the criminal perspective of Islam, especially when it is linked to merit and drawbacks in the matter. Although the legal standing of unregistered marriage is acceptable, overlooking the procedures set by the government is deemed to be disobedience since this instruction from the government as ulil amri is considered ta’zir citizens have to obey. Thus, criminalizing unregistered marriage is not taken as a proscription in terms of marriage, but it is implemented to respond to the disobedience of the governmental procedures.
Law Enforcement Over Air Pollution to Bring about Sustainable Development Goals (SDGS): (A Case Study on Air Pollution in Palangkaraya, Central Kalimantan) Paramitha, Vallencia Nandya; Sukardi, Sukardi
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 11 No. 2 (2021): October
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2021.11.2.297-315

Abstract

Forest fires in Indonesia have led to devastating effects on the environment and caused air pollution, and this issue needs to be addressed immediately. The involvement of law enforcers should play an essential role in such a case since they serve as the guidelines to solve environmental issues according to Law Number 32 of 2009 concerning Environmental Management and Protection. This research seeks to analyze law enforcement over air pollution resulting from forest fires and the necessity to enforce environmental law to allow for sustainable development goals (SDGs). With normative-juridical methods, this research discovered that issues such as forest fires departed from poor environmental law enforcement in Indonesia that fails to bring about significant changes for sustainable development. This weakness has lured the people in Indonesia to overlook the current law, coupled with poor supervision given by the government apparatuses, precluding the environmental law from being appropriately enforced. People's participation is required to enforce the environmental law to tackle air pollution caused by forest fires. The condition is expected to improve with the agenda of fixing existing issues, particularly the environmental problems for better sustainable development.
The Existence of Pancasila Ideology in the KKNI Curriculum and its Implementation at the Faculty of Law, Airlangga University, and The Faculty of Sharia and Law, State Islamic University of Sunan Ampel Surabaya Damanhuri, Damanhuri; yasin, Ikhsan fatah
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 11 No. 2 (2021): October
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2021.11.2.316-342

Abstract

Pancasila as a guideline for the nation's life is manifested in every aspect of Indonesian society. In the field of education, the existence of Pancasila is concretized in the KKNI curriculum. So, how is the existence of the Pancasila ideology in the Legislation that underlies the KKNI Curriculum, especially in higher education? This study aims to examine the existence of Pancasila in the KKNI curriculum, especially in the implementation of the KKNI curriculum at the Faculty of Law, Airlangga University, and the Faculty of Sharia and Law, UIN Sunan Ampel Surabaya. The research method used in this study is the empirical normative method. Based on the results of the study, it was revealed that the legislation that is the legal basis for the KKNI curriculum already reflects the values of Pancasila and strengthens Pancasila's ideology in organizing the learning process in higher education. This appears in the general description and gradation of the KKNI in Presidential Regulation Number 8 of 2012 and also the Learning Outcomes (CPL) in the attachment to the Regulation of the Minister of Research and Higher Education Number 44 of 2015 on the aspect of general attitudes and skills. These learning outcomes and general skills aspects serve as a guideline for all higher education providers when creating the KKNI curriculum structure. The KKNI curriculum at the Faculty of Sharia and Law and the Faculty of Law UNAIR has strengthened the ideology of Pancasila. The steps are by referring to the CPL in the attachment to the Regulation of the Minister of Research and Higher Education No. 44 of 2015 and adding the university's vision and mission as a Characteristic of Higher Education. Furthermore, several courses are formed that intensively discuss Pancasila and also through the learning process carried out by the lecturers in charge of the courses by instilling the values of Pancasila.

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