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<![CDATA[Implementasi Undang-Undang RI Nomor 22 Tahun 2009 Tentang Lalu Lintas dan Angkutan Jalan (Studi di Kota Ambon) ]]>
<![CDATA[Fauzia Rahawarin]]>
<![CDATA[ TAHKIM Vol 12, No 2 (2016) ]]>
Publisher : <![CDATA[IAIN Ambon ]]>
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DOI: 10.33477/thk.v12i2.45
<![CDATA[This study on the application of traffic laws aimed to determine the implementation of Law No. 22 of 2009 on traffic and road transport as well as the view of sociology of law on the level of compliance, adherence and awareness in the city of Ambon in motorcycle riding. Data were collected through field research and descriptive analysis qualitative. The results showed that the implementation of Law No. 22 Year 2009 regarding Traffic and Road Transportation already applied in the middle of Ambon City community. Unit Resort Police Ambon and PP. Lease disseminate legislation traffic and road transport in all kinds of places such as in schools of the first level or primary school, junior high, and high schools, bases taxis, offices, and campus. But in sociology of law on the level of compliance, adherence and awareness in the city of Ambon in riding motorcycles in traffic is low. Because, still common violations in road traffic, such as pengedara motorcycles were not wearing helmets and carrying no driver's license, vehicle registration, vehicle accessories and do not turn on the lights during the day. Thus the implementation of the Act have not been able to increase compliance and public awareness of the cultural city of Ambon orderly traffic. Keywords: implementation, traffic laws, motorcyclists, violations]]>
<![CDATA[Warisan Khunśa dan Relevansi Pandangan Ulama Syafi’iyah di Masa Kini ]]>
<![CDATA[Lia Dahliani]]>
<![CDATA[ TAHKIM Vol 12, No 2 (2016) ]]>
Publisher : <![CDATA[IAIN Ambon ]]>
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DOI: 10.33477/thk.v12i2.35
<![CDATA[This study confirmed that in relation to inheritance, khunsa (hermaphrodites) got the part and the different divisions and they tend to get a smaller share of the inheritance. This paper discussed the legacy of khunsa in the discourse of Shafi’ites and its relevance in solving the inheritance issues in the contemporary era. The main sources of this paper are Shafi’ite’s books such as Al-Hawi al-Kabir written by Abu Hasan al-Mawardi Al-Basri, Mughni al-Muhtaj written al-Syarbaini, Majmu’ Syarh al-Muhaźźab by Imam an-Nawawi and so on. This is a library research. It used a philosophical approach. Descriptive and explanatory were used as analysis method. According to Syafi’iyahs, if gender status of khunsa remains intractable (musykil), then his or her inheritance is suspended until there is mutual agreement between the heirs. Keyword: inheritance, khunsa, Shafi’ites, contemporary era]]>
<![CDATA[ANALISIS WASIAT TERHADAP ANAK ANGKAT DI DESA BATU MERAH KECAMATAN SIRIMAU KOTA AMBON ]]>
<![CDATA[St Syahruni Usman]]>
<![CDATA[ TAHKIM Vol 12, No 2 (2016) ]]>
Publisher : <![CDATA[IAIN Ambon ]]>
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DOI: 10.33477/thk.v12i2.41
<![CDATA[Giving an object of the heir to others, or institutions that will take effect after the testator dies, is a testament definition contained in the Compilation of Islamic Law. One of the new things in the Compilation of Islamic Law, is testament to the adopted child as was borrowed. To know the will for adopted children, the authors conducted a study in the Batu Merah village, Sirimau districts of Ambon and the Religious Court of Class 1 Ambon. The results showed, that the testament which occurred in the village of Batu Merah carried out by pewasiat orally in front of the witnesses of relatives pewasiat. Will that be implemented basically in accordance with the provisions of Islamic law, in this case the Compilation of Islamic Law as a reference for Islamic civil law in force in Indonesia. However testament to the adopted child that occurred in the village of Batu Merah districts of Ambon city Sirimau yet endorsed the institution. Keywords: wills, foster child, a compilation of Islamic law, was borrowed]]>
<![CDATA[Pola Pengelolaan Alokasi Dana Desa (ADD) Tahun 2015 Di Negeri Batumerah Kecamatan Sirimau Kota Ambon ]]>
<![CDATA[Nasaruddin Umar]]>
<![CDATA[ TAHKIM Vol 12, No 2 (2016) ]]>
Publisher : <![CDATA[IAIN Ambon ]]>
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DOI: 10.33477/thk.v12i2.646
<![CDATA[This article is intended to analyze what the model of the village fund allocation 2015 in Batumerah City Ambon whether in accordance with the legislatioan. Have had the ability to draw up a financial planning and management in accordance with the provisions of the legislation in force. Ie from planning, budgeting, implementation, reporting, accountabilitiy and financial oversight village. Also discovered various inconsistensi whit that the laws regulation in force, such as the interior minister regulation number 113 of 2015 concerning the financial management of the village and regulations mayor ambon number 61 in 2014 on technical guedelines for the implementation allocation rural villages and land in the city of Ambon. Because the orientatition designation ADD 2015 state batumerah 100% dedicated to the village, dedication to the village government operation. Ie village chief fixed income, allowance village saniri, holiday allowances,operational and operational offices saniri village to improve services and community development, and boost self-help mutual aid society non achieved optimally.]]>
<![CDATA[PERKAWINAN DAN SANKSI ADAT PADA MASYARAKAT NEGERI LUHU ]]>
<![CDATA[Ismail Kaliki]]>
<![CDATA[ TAHKIM Vol 12, No 2 (2016) ]]>
Publisher : <![CDATA[IAIN Ambon ]]>
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DOI: 10.33477/thk.v12i2.36
<![CDATA[In general, before the marriage took place, preceded by the implementation of a girl making a proposal to be married to a man. But the fact that occur in the community of State Luhu, sometimes marriage is not preceded by making a proposal, but it begins with a girl who wants to get married, unbeknownst to his parents, better known as the running mate (lawa kawine). To resort to running mate, mean girl secretly taken relatives of the men (young men) of residence, or the girl came alone to the residence of the groom. The act of running mate, local customs sanctions aimed at the men who ran the girl child married someone who, without the knowledge or permission of the girl's parents. Customary repressive sanctions, such as fines to be paid by the offender to the family of the woman who is being harassed her self-esteem, by asking a number of the needs of women, as well as the social sanction under the provisions of indigenous communities. Keywords: marriage, running mate, customary sanctions]]>
<![CDATA[HUKUM ISLAM DAN MULTIKULTURALISME DI INDONESIA ]]>
<![CDATA[Fitriyani Fitriyani]]>
<![CDATA[ TAHKIM Vol 12, No 2 (2016) ]]>
Publisher : <![CDATA[IAIN Ambon ]]>
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DOI: 10.33477/thk.v12i2.42
<![CDATA[Multiculturalism is a philosophy sometimes interpreted as an ideology that calls for the unity of the various cultural groups with political rights and social status are the same in modern society. The term multicultural is also often used to describe the unity of all ethnic groups of different communities within a country. Multiculturalism is derived from two words: multi meaning many or diverse and cultural meaning of culture or cultures, which etymologically means cultural diversity. Cultures must be understood, is not a culture in the strict sense, but must be understood as all human dialectic on his life. This dialectic will give birth to many faces, such as history, reasoning, verbal culture, language and so forth. The concept of multiculturalism in Islamic law portrayed in QS. al-Hujurat (49): 13.]]>
<![CDATA[PENGANGKATAN ADAT SAUDARA KAWIN DI NEGERI TULEHU KECAMATAN SALAHUTU KABUPATEN MALUKU TENGAH DALAM MENYELESAIKAN KONFLIK DALAM RUMAH TANGGA ]]>
<![CDATA[Gazali Rahman]]>
<![CDATA[ TAHKIM Vol 12, No 2 (2016) ]]>
Publisher : <![CDATA[IAIN Ambon ]]>
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DOI: 10.33477/thk.v12i2.37
<![CDATA[Marriage aims to build a harmonious household. However, marital conflict, between husband and wife often happens in society. Villagers Tulehu have one custom relating to the marriage of local indigenous communities, commonly called sister mating. Sister mating is a man who was appointed by custom from the family of the bride, and more preferably from distant relatives nasabnya, so it can strengthen ties with family. Appointment sister mating take place prior to the marriage. Sister mating duties and function to benefit sister mating. In addition to providing material assistance, wedding brother to seek a peaceful solution to the conflict housekeeping sister mating. The brothers married a role as peacemakers, or hakam in Islamic law. Keywords: custom, sister mating, marriage, conflict resolution, household]]>
<![CDATA[KONSEP SYIRKAH DALAM WARALABA ]]>
<![CDATA[Maratun Shalihah]]>
<![CDATA[ TAHKIM Vol 12, No 2 (2016) ]]>
Publisher : <![CDATA[IAIN Ambon ]]>
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DOI: 10.33477/thk.v12i2.43
<![CDATA[Economic activity in the teachings of Islam is part of muamalah. Franchising as a form of trade cooperation in principle by law muamalah is allowed as long as there is no proof that forbid it but still have to forward the principle benefit is the root concept of maqasid syariah. The format of the work done in the franchise, if the note is actually a development of Syirkah form. Franchising can bridge the franchisor and the franchisee to do business. In this regard the work done format franchising, is the development of a form of Syirkah or Musharaka which is a cooperation agreement or a mixture of two or more parties to undertake a particular business is lawful and productive; each party contributes capital with the agreement that the benefits and risks will be shared according to the percentage of cooperation. Establishment may vary. If the combined capital are not the same, then it becomes shirkah inan. If capital is not a treasure, but in the form of labor, or skill, then it becomes shirkah Abdan. If capital is power tdan credibility franchisor-owned businesses, the shape is shirkah Wujuh. Keyword: muamalah, shirkah, franchising]]>
<![CDATA[Perkembangan Tindak Pidana Korupsi Masa Kini dan Pengembalian Kerugian Keuangan Negara ]]>
<![CDATA[Husin Wattimena]]>
<![CDATA[ TAHKIM Vol 12, No 2 (2016) ]]>
Publisher : <![CDATA[IAIN Ambon ]]>
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DOI: 10.33477/thk.v12i2.39
<![CDATA[Corruption is one of the extraordinary crime (extraordinary crime) which endanger the stability and security and economic development in Indonesia. The application of additional punishment in the form of indemnification of the country can be enforced effectively under the provisions of article 18 of Law No. 31 of 1999 on Corruption Eradication jo. Law No. 20 of 2001 on the Amendment of Act No. 31 of 1999 on Corruption Eradication. The results showed that the application of additional punishment in the form of indemnification of countries have applied, but can not become effective on the Ambon District Court jurisdiction. It is based on data of corruption cases in 2014 were 18 cases increased to 30 cases in 2015. The return loss of the state in the year 2014 to 2015 amounted to Rp. 3884029516, - (three billion, eight hundred and eighty-four and twenty-nine thousand five hundred rupiahs), of corruption in 2014-2015. As for corruption in 2014-2016 until now there has been no loss to the state refund deposited into the state treasury Rp. 384 029 516 (three hundred and eighty-four and twenty-nine thousand five hundred rupiah. Obstacles in the implementation of the court judgment on the indemnification of the country is a treasure convict who has changed hands, and the length of judicial proceedings until a decision has permanent legal force]]>
<![CDATA[Dekonstruksi Gender Perspektif Rasyid Ridha (Studi Analisis Ayat-Ayat Bias Gender Pada Kitab Tafsir Al-Manār) ]]>
<![CDATA[Roswati Nurdin]]>
<![CDATA[ TAHKIM Vol 12, No 2 (2016) ]]>
Publisher : <![CDATA[IAIN Ambon ]]>
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DOI: 10.33477/thk.v12i2.40
<![CDATA[The book of Tafsir al-Manar stems from the interpretation of the Qur'an lectures given by Muhammad Abduh al-Azhar University, Egypt, which lasted from 1899 until his death (1905). The lectures are always attended by Rashid Rida, Abduh's pupil, which each verse was delivered by her teacher on record in his mind. Then the records drawn up in the form of regular writing and submitted and known as Tafsir al-Manar. Rashid Rida using deconstruction theory in explaining the pattern of gender relations when interpreting the verses of gender bias. Deconstruction theory in general can be understood as a method of demolition to the reality that contains logic Binner opposition. Binary oppositions are two realities are seen face to face, opposed and have a different position. This paradigm explains the assumption of privilege and contempt girded subject to the object, as the second class. In giving his interpretation Rashid Rida decontracting logic method is to re-position women liking the Qur'anic text. Keywords: deconstruction, Rasyid Ridha, Tafsir al-Manār]]>
