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Jurnal Ius Constituendum

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Published by Universitas Semarang

ISSN : 25412345 EISSN : 25808842 DOI : 10.26623

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Journal Ius Constituendum a scientific journal that includes research, court decisions and assessment/comprehensive legal discourse both by researchers and society in general to emphasize the results in an effort to formulate new rules of the new in the field of the legal studies in accordance with the character of ius constituendum. Journal Ius Constituendum periodic journal published twice a year in April and October, has been indexed SINTA 3 (Accredited by the Directorate General of Research And Development of the Ministry of Research, Technology, and Higher Education of the Republic of Indonesia Number 36/E/ KPT/2019). Registered as a member of Crossref system with Digital Object Identifier (DOI) prefix 10.26623. All articles will have DOI number.

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Articles 7 Documents

Search results for , issue "Vol 2, No 1 (2017): April" : 7 Documents clear

KEDUDUKAN HUKUM PENGAMBILALIHAN TANAH WAKAF YANG BATAL DEMI HUKUM UNTUK DIBAGIKAN SEBAGAI HARTA WARISAN DALAM KAJIAN UNDANG-UNDANG NO. 41 TAHUN 2004 TENTANG WAKAF Lambang Prasetyo
Jurnal Ius Constituendum Vol 2, No 1 (2017): April
Publisher : Universitas Semarang

ABSTRACTWakaf is legal act of a person or legal entity that separates part of the property in the form of land property and institutionalize it forever for the sake of worship or other public purposes in accordance with the teachings of Islam. The purpose of this study is: To understand the process of the acquisition ofwakaf land which is canceled by law for being shared as heritage and the legalstatus of wakaf land acquisition which is canceled by law for being shared asheritage in accordance with Act No. 41 Year 2004 about wakaf. The research methodology used in this study is juridical normativeapproach, with specification of analytic descriptive. The sources of the researchare derived from the primary and secondary law materials with the technique ofcollection through the literature and library research. The method of datapresentation is descriptive, the method of analyzing the law materals is done byusing qualitative analysis. The results of the research show that: 1) The process of acquisition of wakafland that is canceled by law for being shared as inheritance is carried out bySemarang Religious Court by determining the joint property of wakif and thewakif‟s wife, then set half of the joint property is the wakif part which has notbeen shared and stated the heirs and their parts according to the provision ofIslamic inheritance. This is in accordance with Article 97 of the Compilation ofIslamic Law which states that the wakif (widower) should be given half of thecommon property as long as it is not specified otherwise in the marriageagreement. 2) Legal status of the acquisition of wakaf land which is canceled bylaw for being shared as inheritance based on Act No. 41 Year 2004 about wakaf,In principle, Act No.41 Year 2004 affirms that wakif‟s land that has been sharedcan not be canceled, but of course the principle of law certainty must synergizewith the value of fairness to the perpetrator or heirs. This is where the role of the judges are required to provide fair justice if found wakaf case.

ANALISIS TERHADAP PELAKSANAAN AQAD PEMBIAYAAN DENGAN PRINSIP MUDHARABAH PADA BANK SYARIAH DALAM KAJIAN UU NO. 21 TAHUN 2008 TENTANG PERBANKAN SYARIAH Abdullah Kelib; Sodikul Amin
Jurnal Ius Constituendum Vol 2, No 1 (2017): April
Publisher : Universitas Semarang

The Mudharabah Financing Agreement is based on trust, with another understanding that the investor will hand over the funds to the fund managerparty after the investor is sure that the borrower of the capital both skillfully andmorally is trustworthy to manage the capital provided with his expertise and willnot manipulate the capital. However, it does not mean that in the implementationof the mudharabah agreement the fund management party is released from theguarantee system or there is third party who guarantee it. This is done in order to create justice among customers / mudharib and the bank so it can protectthemselves from the loss. The problems in this research are how the implementation of mudharabahfinancing agreement in Sharia Banks, how the Banks solve the in troublemudharabah financing in Sharia Banks, what sanction is implemented tomudharib if they break the agreement in Mudharabah financing agreement. To answer the above problems, this study uses juridical normative methodqualitatively by analyzing primary, secondary and tertiary data as well asinterview materials therefore produces the answer of each problems given. Based on the research it can be concluded that, among others, thearrangement of mudharabah financing agreement is based on the holy Al-Qur'an, Al-Hadist, National Sharia Fatwa Council of MUI, Act No. 21 Year 2008 onSharia Banking and Act No. 10 Year 1998 About Banking.

PERAN KOMISI INFORMASI PUBLIK DALAM PROSES EKSEKUSI TERHADAP PUTUSAN SENGKETA INFORMASI YANG BERKEKUATAN HUKUM TETAP DALAM TINJAUAN UU NO.14 TAHUN 2008 TENTANG KETERBUKAAN INFORMASI PUBLIK Slamet Haryanto; Kadi Sukarna
Jurnal Ius Constituendum Vol 2, No 1 (2017): April
Publisher : Universitas Semarang

The community as the users of information has sufficiently important rights in the context of information disclosure. When the right to obtain information isinhibited because the public entity or governor is not available in the execution ofthe information disclosure management, then public information lawsuit willemerge in the implementation of the public information disclosure. The public information lawsuit happens when public entity and the user ofinformation disputes with something related to the rights to acquire informationand to use information based on legislation. The completion of the lawsuitthrough nonlitigation ajudication is the process of the completion of publicinformation lawsuit. The completion of the information through nonlitigationajudication is hopefully able to resolve the dispute fast, low cost, and simple. The problems in this thesis are: a) how the mechanisms of the settlement ofpublic information lawsuit in the Information Commission, b) what obstacles andsolutions of the execution implementation of the Information Commissiondecisions which have been legally binding. Answering the problem, research with juridical normative approach methodwith analytical descriptive research specification was conducted. The type of dataused in this study is secondary data. Based on the research that had been conducted, it was found that PublicInformation Lawsuit Settlement Procedure, the execution of the decision or theexecution of the Information Commission decision which had been legallybinding was conducted by the competent Court, in the context that the publicinformation lawsuit settlement was the court within the jurisdiction of the pleated.In this case if the pleated is State or Government public entity then the court inquestion is the Administrative Court of the State, whereas if the execution pleated is a party outside the State or Government public entity then the competent court is the competent District Court. The execution authority of the Information Commission decision granted tothe State Administrative Court as well as the District Court, causes theinformation users to experience the long process of obtaining information whichis their needs or constitutional rights.

IMPLEMENTASI AKAD MUDHOROBAH PADA KOPERASI SIMPAN PINJAM DAN PEMBIAYAAN SYARIAH BAITUL MAAL WATTAMWIL “BINAMA” SEMARANG Diah Sasikirana Retno Murniati; Muhammad Junaidi
Jurnal Ius Constituendum Vol 2, No 1 (2017): April
Publisher : Universitas Semarang

ABSTRACTAlthough BMT (Baitul Maal wat Tamwil) has not had legal peotection, but in its principle these BMT institutions have performed their function asintermediary institutions that manage funds from, for and by the society. Theproblem of Bmt is not only limited to the legal legality that protect them, but alsorelated to the law of guarantee. Based on the above background, the writer formulates the purpose ofwriting, namely To know the Implementation of Mudharabah Agreement in KSPSBaitul Maal Wattamwil "Binama" Semarang and to understand the obstacles andsolutions. The method of approach used in this study is the juridical sociologicalapproach. The specification of this study is descriptive analysis, which is expectedto be able to provide detail, systematic, and comprehensive description of allmatters related to the object to be studied. The data used in this study are primarydata and secondary data, i.e data obtained through interviews and librarymaterials collected through bibliographic data, which then analyzed qualitatively. The conclusion of this study is that the Implementation of Mudharabahagreement in KSPS BMT Binama Semarang is in the form of mudharabah savingand mudharabah financing. In the implementation, saving or mudharabah savingcan be implemented smoothly, while mudharabah financing scheme is stilldifficult to be implemented in KSPS BMT Binama because the financing ofmudharabah is difficult to be implemented due to the constraints such as thedifficulty of transparency of mudhorib regarding to the profit obtained, thusinhibiting the purpose of mudharabah financing according to Islamic sharia. Inaddition, KSPS BMT BINAMA in providing financing must be with assurance. Todeal with these obstacles, the solutions implemented by KSPS BMT BINAMA inaccordance with the principle of justice are as follows: 1) Market penetration,that is by recruiting new members and make the old members loyal throughvarious services programs in BMT; 2) Cooperate with sponsorship pattern withother agencies for synergy; 3) Public awareness on sharia saving and loan. 4)Assess prospective members or customers from various aspects. The aspects offinancing are better known as the 5 C's principles.

PENDAFTARAN MEREK ASOSIASI SEBAGAI MEREK KOLEKTIF (KAJIAN TERHADAP ASOSIASI RAJUT INDONESIA WILAYAH JAWA TENGAH) Yudhitiya Dyah Sukmadewi
Jurnal Ius Constituendum Vol 2, No 1 (2017): April
Publisher : Universitas Semarang

This study examines the registration of collective marks owned by theAssociation of Knitting Indonesia Central Java (Java ARI) on the knitting craftproducts manufactured and marketed independently. In addition, the assessmentconducted on the mechanism of collective trademark registration in the relevantinstitutions. The research method used juridical empirical approach. Juridicalaspect is based on Law No.20 of 2016 on Marks and Geographical Indicationsand related legislation, while reviewing the empirical aspects of the businessactivities carried on ARI Java. The results showed that ARI Java brand label havemet the brand element that can be registered as a collective trademarkregistration with domicile at the Directorate General of Intellectual Property ofthe Ministry of Law and Human Rights in Central Java.

PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN SEKSUAL DALAM KAJIAN HUKUM ISLAM Helen Intania Surayda
Jurnal Ius Constituendum Vol 2, No 1 (2017): April
Publisher : Universitas Semarang

AbstractLegal protection for the interests of sexual violence victims either through the judicial process or by means of social care, is part of the legal policy. Thelegislation that becomes the reference for handling the sexual violence casesmakes it difficult for women to access justice. The elasticity of Islamic law ishighly adaptable to the dynamics of social change and the advance of the world.Multidimensional nature within the scope of Islamic law covers all aspects ofhuman life. The purpose of the establishment of Islamic law is to realize thebenefit for mankind. Just as the recovery of sexual violence victims is related tothe victim's invidual benefit. The problems in this thesis are: a) how legal protection for sexual violencevictims seen from positive law, b) how the legal protection for sexual violencevictims in the concept of Islamic law study. To answer the problems, researchwith juridical normative approach method with specification of analyticaldescriptive research is conducted. The type of data used in this research issecondary data. Based on the conducted research, it is found that protection for sexual violence victims have not been optimally facilitated by the state. The recovery of the violence victims must be broadly understood, not only in medical, legal or psycho-social interventions but also in the creation of situations in which the victims of violence can be fully empowered, so they are able to take decisions in their lives and are able to resume their roles in society as women and citizens.The law is always positive law, and the legal positivism lies on the fact that thelaw is created and abolished by human actions, so apart from the morality andthe norm systems themselves. The aspects of maslahah mursalah if applied to the legal protection for the victims of violence do not use normative approach as the case in general but the one which is used is the rights of the victims to takeprecedence in its handling.

HAK KEWARISAN BAGI AHLI WARIS YANG MELAKUKAN OPERASI PENYESUAIAN KELAMIN GANDA (KHUNTSA) DALAM TINJAUAN HUKUM ISLAM Wiwit Widya Wirawati; Abdullah Kelib
Jurnal Ius Constituendum Vol 2, No 1 (2017): April
Publisher : Universitas Semarang

ABSTRACTAllah SWT has set the rules on the issue of inheritance clearly and firmly in Al-Qur'an Surah An-Nisa article 11. It explains about the division of inheritance based on male and female sex, that is 2:1 (Das Sollen). But in fact there is a group of people called Khuntsa (double sex). Neither in Al-Qur‘an nor Hadist explains the provisions of inheritance for khuntsa heirs and the large number of parts they receive (Das Sein). The formulation of the problem in this study is how inheritance for the heirs who perform double genital surgery (khuntsa) according to KHI and how the right should be given to the heirs who performdouble genital adjustment surgery (khuntsa) in accordance with Islamic Law. This research uses juridical normative approach method with analytical descriptive research specification. Sources and types of data are secondary data obtained from Islamic legal norms on inheritance and khuntsa obtained from Al-Quran, Hadist, KHI, and fuqaha and experts opinions in various literature on inheritance and khuntsa. Based on the research result, khuntsa inheritance right is not regulated in KHI.Theredore if khuntsa conducts genital adjustment surgery, and get the clarity of its legal status hence its right of inheritance is as specified in Article 176 KHI. The provision of inheritance for khuntsa heirs in Islamic Law is khuntsa first predicted as male then female.Khuntsa and other heirs share the smallest and most convincing estimates, while the remaining doubts are held until the status of the khuntsa law is clear. If the khuntsa matter is clear, the acceptance of all the heirs is perfected by adding share to those who are reduced according to the acceptance they should receive. In the future, the formulation of KHI should regulate the right of khuntsa inheritance along with the amount of the inheritance received.

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