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TAHKIM
Published by Institut Agama Islam Negeri Ambon
ISSN : 18580734     EISSN : 26545357     DOI : 10.33477/thk
Core Subject : Economy, Humanities, Art, Social,
Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
Arjuna Subject : -
Articles 12 Documents
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Search results for , issue "Vol 11, No 2 (2015)" : 12 Documents clear
PEMBERIAN DAN PENCABUTAN GRASI PERSPEKTIF HUKUM ISLAM Husin Wattimena
TAHKIM Vol 11, No 2 (2015)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v11i2.17

Abstract

As head of state, the President has the prerogative, in granting pardons to convicted, based on the explanation of Law No. 5 of 2010 on the Amendment of Law No. 22 of 2002 on clemency, that by Act No. 5 of 2010. According to Article 2 paragraph (3) of Law No. 5 of 2010 that clemency has been granted to the convict, if repeat his actions, not allowing the latter granted clemency. It became the basis, that a head of state can not revoke a pardon has been given to a convict. Meanwhile, according to Islamic law, the treatment of the convict pardon only applies to the penalty-diyat and qisas ta'zir, and does not apply to jarimah hudud. Victims, or their families may only grant pardons to legal sanctions in the form of qisas, or certain diyat. Nor can grant clemency to ta'zir sanctions, which have been decided by the judge to convict. Keywords: clemency, Law No. 5 of 2010, Islamic criminal law
POTRET KEMISKINAN DI INDONESIA (ANALISIS PERAN NEGARA DALAM MENANGGULANGI KEMISKINAN) Fitria Karnudu
TAHKIM Vol 11, No 2 (2015)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v11i2.22

Abstract

One of the important agenda given special attention to the government, is to improve people's welfare. This is reasonable considering the low level of welfare of the majority of the Indonesian people. That is because the government policies also influence the increase in poverty in Indonesia. In addition, programs to reduce poverty, the government implement populist programs, such as direct cash assistance, Jamkesnas, PNPM Mandiri, and rice for the poor, have not been able to reduce poverty significantly. Therefore, the government should conduct a policy more comprehensive, systematic, and not temporary, so slowly poverty in Indonesia can be reduced. Keywords: the role of the state, prevention, poverty
KOMPILASI HUKUM ISLAM SEBAGAI HUKUM TERAPAN BAGI HAKIM PENGADILAN AGAMA Muhammad Gazali Rahman
TAHKIM Vol 11, No 2 (2015)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v11i2.18

Abstract

Material law with regard to cases that the authority of Islamic Court before 1991, scattered in various books fiqhi that mejemuk. The plurality of this law, an obstacle to be a reference in the process of formulating the termination of the court. Birth of Presidential Decree No. 1 of 1991 on the Compilation of Islamic Law, as a matter of law in resolving the religious judge Religious Court case very effective. It is evident, with berdisparitasnya no longer any verdict in the same case. Applicability Compilation of Islamic Law as a legal matter in the Religious Court means the implementation and application of the Islamic law, is no longer directed by the will of its adherents, but a designated set of ranks of rulers and state institutions as regulatory authorities, and executive implementation, in particular related to the field of marriage, inheritance, perwakafan which has become a rule of civil law and public official. Keywords: compilation of Islamic law, judges, religious courts
POLITIK HUKUM KEKUASAAN KEHAKIMAN Rukiah Latuconsina
TAHKIM Vol 11, No 2 (2015)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v11i2.23

Abstract

Law politics of judicial power is independent of state power to administer justice, uphold the law, and justice based on Pancasila, for the implementation of the legal state of the Republic of Indonesia. Political law judicial authority in Indonesia pre greatly influenced the 1945 amendment authoritarian government policies, both at government era of the Old Order and the New Order era. Because the government of the Old Order and New Order ruler held by the interpretation of the 1945 Constitution the judicial authority law Politics after the 1945 amendment to experience a positive change with the passage of several Judicial Power Act an independent, self-sufficient and free from intervention and pressure the authorities. So that the judicial authority (judges) can carry out its duties decide a case fairly and wisely. Keywords: legal political, judicial power
IMPLEMENTASI WIQÂYAH KONSUMSI DERIVAT KHINZÎR PADA PRODUK (MAKANAN, VITAMIN, OBAT DAN KOSMETIKA) Muhamad Ikhwan Lukmanudin
TAHKIM Vol 11, No 2 (2015)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v11i2.14

Abstract

According to the World Halal Council, is still 83.82% of outstanding products in all countries of the world, is still not guaranteed halal status, and many found on the market. Most hazardous substances, and its use is widespread in the product mix, are derivatives khinzir. The research design was a collaboration between quantitative (experimental) and qualitative (scholars perspective approach and pharmacists) related harms and benefits khinzîr. Measuring instruments used in the form of pharmaceutical technology FTIR (Fourier Transform Infrared Spectroscopy) and Kemometrik. The primary sources used are food (corned beef and Marshmallow), vitamins (Fish Oil Emulsion) Cosmetic (Cream) and drugs (Lotio and shells of capsule). The results showed that the more advanced the field of pharmaceutical technology more effectively in the practice of the ban on the consumption of illicit products (Al-An'am: 145 and al-Maidah: 03). This study supports the Nurul Hidayah (2013) and Chintia Mussianan J. (2015), which argues that the larger pigs pose dangers outweigh the benefits. This study rejects the notion Irwin Hornstein (2014) and Sandra Stainlaweck (2014), that pig give more benefit than harm, and prove, that the food products, vitamins, drugs and cosmetics were analyzed in the laboratory proven to contain elements of derivative khinzîr are forbidden in Islam, because of the danger, outweigh the benefits provided. Keywords: consumption, derivatives, khinzîr, product, FTIR
MENGUNGKAP MAKNA DAN TUJUAN JIHAD DALAM SYARIAT ISLAM Farid Naya
TAHKIM Vol 11, No 2 (2015)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v11i2.19

Abstract

Jihad is one of the few languages that has always been interesting and actual issue from classical times to the contemporary era. In fact, sometimes, jihad misunderstood and prone to distortion of meaning, so meaning of positive turn into negative meanings, and tend to be extreme. For example, jihad connoted with terrorists and justifying terrorism. The phenomenon of distortion of the meaning of jihad, mainly due to lack of understanding of the meaning and purpose of jihad Teron itself. Therefore, it is urgent to assess and explore the meaning and purpose of jihad in Islamic law. Keywords: jihad, islamic law
KARAKTERISTIK HARMONI DALAM KAJIAN QUR’ANI Roswati Nurdin
TAHKIM Vol 11, No 2 (2015)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v11i2.24

Abstract

Diversity on the one hand is positive, but on the other hand prone to give rise to a conflict of interest, both between groups, ethnicities, religions, and between regions. Therefore behind diversity (plurality) is needed relationship harmony. Harmony aims to achieve peace, both in domestic life, and the life of the state, to realize a harmonious and peaceful interaction. The harmony of the universe covers regularity, harmony among fellow beings, and peace among humans. The word harmony in the Qur'an is not found, but the characteristics of harmony in the sense of balance can be traced, among others, on al-musâwâ (equality) and all derivatives, al-Hurriyah (freedom) and explanation as well as al-‘adâlah (justice) and the division-division. Keywords: characteristics, harmony, qur'ani.
PENYATUATAPAN PERADILAN AGAMA (SUATU PERSPEKTIF DINAMIKA SEJARAH) Abd Khalik Latuconsina
TAHKIM Vol 11, No 2 (2015)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v11i2.15

Abstract

Religious Courts, as well as the judiciary, the New Order era was on two roofs, or power (judicial and executive). But after adannya Act No. 5 of 2004, concerning Amendment to Law No. 14 Year 1985 regarding the Supreme Court, the Religious Courts have under one roof, namely the Supreme Court. It was in accordance with Law No. 3 of 2006 on amendments to the Law No. 7 of 1989 on Religious Courts. Through this latest legislation, the Religious Courts the authority to examine the dispute in the field of Islamic economics. Keywords: putting, the judiciary religious, historical dynamics
PROSPEK PENGEMBANGAN PERBANKAN SYARIAH PENDEKATAN PASAR Hasan Hasan
TAHKIM Vol 11, No 2 (2015)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v11i2.20

Abstract

Islamic banking can be a financial institution as well as a means of intermediation, in community economic development. Islamic banking development strategy conducted by: the expansion of Islamic banking office network in place strategies, vigorous educational programs, and dissemination of products to the community, improving the quality of service (service excellence) with the utilization of information technology access. While the prospects of development in Islamic banking market approach has been implemented with evidence; in 2014, the Islamic bank already has a network of 11 Islamic Banks (BUS), 24 Sharia Business Unit (UUS), and 155 SRB, with total office network reached 2,380 offices spread in almost all corners of the archipelago. In addition, it can be equated with the Arab countries, and Malaysia in order to four who have the potential and conducive to the development of Islamic banks. Keywords: Islamic banking, market approach
ISLAM DAN TANTANGAN MODERNISASI: IMPLIKASI ZUHUD DINAMIS DALAM PENANGGULANGAN KORUPSI Ishak, Mahmud
TAHKIM Vol 11, No 2 (2015)
Publisher : TAHKIM

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Zuhud is one of the teachings, or maqam in Sufism. Zuhud is often misunderstood as a cause of the decline of the Muslims. Because ascetic understood as the denial of the search for the material, and hatred toward world affairs. Even ascetic understood as a poor lifestyle. But the dynamic ascetic who taught in Islam, on the one hand still excites people who ascetic (zahid) worked diligently searching for the treasure, but on the other hand will not be greedy, even his property will be used for the common good. So, people who ascetic dynamic, will be spared from greedy mentality. Thus, ascetic dynamic in the context of modern life, can be used to tackle corruption in Indonesia. Because one of the causes of the rampant corruption, is a greedy mentality. Keywords: modernization, dynamic ascetic, corruption

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