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Ahmad Arief
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Fakultas Syariah Institut Agama Islam Negeri (IAIN) Palu Jl. Diponegoro No. 23 Palu Sulawesi Tengah 94221 Email : bilanciafasya@iainpalu.ac.id
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INDONESIA
BILANCIA
Published by Institut Agama Islam Negeri Palu
ISSN : 19785747     EISSN : 25799762     DOI : https://doi.org/10.24239/blc
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
BILANCIA: Journal of Sharia and Law Studies is a journal that seeks to revive and integrate the scientific values of sharia and law, starting from the integration of theories and practices. Therefore, the Editorial Team accepts all types of articles which contain sharia studies, legal studies and integration studies between sharia and law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 151 Documents
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GOVERNMENT POLICY IN PREVENTION OF HUMAN TRAFFICKING IN WEST LOMBOK REGENCY NUSA TENGGARA BARAT Idul Adnan Rasim
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 16 No. 2 (2022): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v16i2.968

Abstract

Based on data from the Crisis Centre belonging to the National Agency for the Placement and Protection of Indonesian Migrant Workers which is called BNP2TKI, there were 1,759 complaints from workers assigned abroad as of/January-March 2019, where 71 cases were confirmed as human trafficking. and 2,430 cases which have indicators of human trafficking and there are 32 cases of trafficking in persons from the province of Nusa Tenggara Barat where as many as 59 victims are from West Lombok Regency. Using normative empirical research or also best known as field research, this paper applied the descriptive analysis method in analysing the data and found the following: forms and models of human trafficking in West Lombok Regency, Nusa Tenggara Barat done by a scalper who approached potential target induvidually ( home-to-home / door-to-door), then offered a job with a big number of salary to the victim, using nonprocedural ways, document falsification and persuading victims to escape from legal corporate. The duties of the West Lombok government are to prevent the occurrence of the criminal act of human trafficking there for socialization in the community and schools in West Lombok about procedurally being legal workers migrants and law enforcement on the criminal offender are crucial to be born in mind.
GENEALOGI DAN PRODUK PEMBAHARUAN HUKUM WARIS TURKI arif sugitanata; Suud Sarim Karimullah; Wifa Lutfiani Tsani
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 16 No. 2 (2022): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v16i2.1035

Abstract

This article discusses genealogy and products of inheritance law renewal in Turkiye. The focus of this research is genealogically how inheritance law was born in Turkiye and what are the products of inheritance law reform in Turkiye. In this study, researchers used literature studies whose data sources came from related books and journals. This study concludes that the geneology of inheritance law renewal in Turkiye broadly began when the Turkiye state was founded and led by Mustofa Kemal as the first leader, where Ankara was the capital. This had an impact on the Turkiye country which carried out many major reforms influenced by the West, such as the prohibition of polygamy, giving freedom to women and upholding equality for them, including in the field of inheritance, where men and women get one to one. Then the inheritance law products imposed by the Turkiye state were included in the Turkish Civil Code. The amendment was approved by the Turkiye National Assembly on November 27, 2001 and socialized through the Turkiye Daily Newspaper on December 8, 2001. The amendment contains 1030 articles, one of which relates to inheritance law in Turkiye, where inheritance distribution is enforced in the Turkiye inheritance law regulations only applies to nuclear families who can receive inheritance. Meanwhile, relatives outside the nuclear family cannot become heirs unless the nuclear relatives also take care of the heirs, so that they receive a share of the inheritance. Then in inheritance law there is no difference between the rights, position and degrees of men and women because both are considered the same, so there is no difference in obtaining a share of the inheritance.
MASLAHAT DALAM HUKUMAN MATI BAGI PELAKU LGBT Muhammad Taufan Djafri; Darussalam Syamsuddin; Abdul Syatar
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 16 No. 2 (2022): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v16i2.1154

Abstract

Lesbian, Gay, Bisexual and Transgender (LGBT) is a term used since the 1990s to describe a group of people with different sexual orientations and behaviors. This term replaces the previous phrase "Gay Community". Some countries that reject LGBT people are Saudi Arabia, Yemen, Sudan and Iran, which are known to have imposed the death penalty on LGBT people. Though there have been no reports of actual death sentences in recent years. This study aims to reveal the relationship between the benefits of Islamic law and the possibility of imposing the death penalty on LGBT offenders. A normative approach is used in this study and it is found that in Islam, LGBT is prohibited. Although scholars differ on the punishment for LGBT offenders, there are still LGBT offenders found in the Muslim community. The maslahah perspective is presenting studies and guidelines that can be used as a reference in determining the appropriate punishment for LGBT offenders. The assumption about the permissibility of being LGBT can be rebutted by the presence of power that underlies one's religious beliefs. Scientists hope that punishment for LGBT offenders will not only become a discourse but should be considered if possible to be implemented. The government and all related elements must be able to provide awareness that stigma, discrimination or prejudice against LGBT people is something that can happen because religion prohibits LGBT actions and the concept of human rights is upheld in Indonesia.
PERCERAIAN DI MASA PANDEMI COVID-19; ANALISIS TERHADAP PENYEBAB MENINGKATNYA ANGKA PERCERAIAN DI SEMARANG Wifa Lutfiani Tsani; Alfian Daha Wira Utama
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 16 No. 2 (2022): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v16i2.1167

Abstract

Every couple who agrees to marry hopes to build a family that is sakinah, mawaddah, and warahmah which is full of grace and harmony in married life. However, a number of marriages must end in divorce. During the Covid-19 pandemic, a spike in the divorce rate was found at the Semarang Religious Court. The data states that more divorces are caused by financial problems that spread into domestic disputes that end in separation. Another factor that recorded the high number of divorces during the pandemic was the increasing intensity of husband and wife meetings which resulted in household conflicts. In addition, the wife's awareness of the unequal fulfillment of rights and obligations, especially the hampered husband's livelihood, has resulted in the wife suing for divorce in the Religious Courts. This economic issue is inseparable from the conditions of the PSBB and PPKM during the Covid-19 pandemic.
MENYOAL KEADILAN SOSIAL TERHADAP JEMAAT AHMADIYAH DI INDONESIA PERSPEKTIF ISLAM DAN SILA KE-5 PANCASILA Andi Muh. Taqiyuddin BN; Misbahuddin; Kurniati
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 16 No. 2 (2022): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v16i2.1321

Abstract

The purpose of this research is to reveal the history of the emergence of Ahmadiyya and its entry into Indonesia, the facts of violence against the Ahmadiyya Congregation in Indonesia and the government's role in protecting the Ahmadiyya Congregation, as well as social justice for the Ahmadiyya Congregation in Indonesia in the perspective of Islam and Pancasila. This qualitative research is a library research that collects data through literature such as journals and books. The results show that Ahmadiyya is a faith-based organization initiated and propagated by Mirza Ghulām Ahmad. There are two sects within this organization; Lahore and Qadian. The Lahore Ahmadiyah sect was spread to Indonesia through Mirza Wali Ahmad and Maulana Ahmad in 1924. Meanwhile, the Ahmadiyah Qadian sect was spread by Rahmat Ali in 1925. The Lahore sect stated that Ahmadiyah was born in 1888 while the Qadian sect stated that Ahmadiyah was born the next year. The existence of the Ahmadiyya Congregation in Indonesia is marked by a series of episodes in the form of neglected facts of social justice. Various acts of attacks, violence, persecution, and so on are portraits of the life of the Ahmadiyya Muslim Community in Indonesia as legal citizens before the law. It is understandable that the government's role in protecting the Ahmadiyya Congregation has not been maximized due to various acts of violence against the Ahmadiyya Congregation in Indonesia. Based on the fifth precept of Pancasila and from an Islamic perspective, in this case the preservation of life, lineage, property and reason, social justice has not been realized for the Ahmadiyya Congregation in Indonesia with violent attacks in the form of indiscriminate acts. vigilantes against the Ahmadiyya Congregation are still found.
HARMONISASI SYARI’AT DAN HAKIKAT DALAM PENERAPAN HUKUM ISLAM DI INDONESIA: KAJIAN FALSAFAH TASYRI Hisbullah Hisbullah; Hanaping; Misbahuddin; Sabri Samin; Andi Moh. Rezki Darma; Mulham Jaki; Sofyan
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 16 No. 2 (2022): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v16i2.1361

Abstract

Shari'ah and Hakikah are two sciences in Islam that are seen as conflicting sciences. The science of Shari'ah which is oriented to the deeds of human birth and the science of hakikah oriented to the inner deeds of man. Both tend to be viewed differently in their practice. However, if understood and explored, the two sciences have a very close relationship and cannot be separated from practice. Man consisting of both lahiriyah and batiniyah elements desperately need both knowledge to achieve the goal of human creation, namely worship and worship God. The science of Shari'ah as a form of embodiment of human slavery through concrete behavior, while the science of nature as the embodiment of human slavery through abstract and only known emotional and inner activities of the individual who does it. Through the fusion of shari'ah and hakikah, the application of Islamic law can be enforced in a mannered manner with law enforcement through a method of gentle approach or upholding ihsan. The enforcement of Islamic law with ihsan has been enforced since the time of the Prophet Muhammad (peace be upon him), enforcement in a polite manner is expected to uphold the sharia law of Islam to all human beings around the world without any violence and compulsion.
Urgensi Kafa'ah Dalam Mempertahankan Keluarga Dari Campur Tangan Orang Tua Jufri; A. Natsir, Andi Fadhilah; Laelah, Ariesthina
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 17 No. 1 (2023): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v17i1.1772

Abstract

This paper focuses on building family resilience from third-party intervention, which in this paper is parents/in-laws. The definition of a happy family is a family filled with mutual love, affection, protection and respect. However, the definition of a happy family above will not be achieved without the reconception of love and balance from the beginning and beyond as an effort to fortify the intervention of parents/in-laws. The application of the concept of harmony and balance in this study is one of the responsive efforts to create a stronghold of family resilience against the problematic intervention of parents/in-laws in the household life of their children/in-laws. This type of library research uses the descriptive-analytic method to obtain and analyze all the data obtained. The results of this study explain that it takes hard work and support between husband and wife to prevent third-party intervention as a trigger for household breakdown. Factors that influence parents to interfere in their children's households, namely: living in the same house, still close to the place of residence, lack of income from the son-in-law/child (economy), lack of affection from parents, lack of communication with in-laws and incompatibility between parents/in-laws and children/children in law. Anticipating the above, as an effort to build family resilience from third-party interference is to apply the concept of love and balance that each party can understand and good communication based on faith so that it can present an attitude of love and understanding and ultimately family harmony can be formed.
Penyelesaian Perselisihan Hubungan Industrial antara Pekerja dengan PT Suzuki Finance Indonesia pada Tingkat Mediasi di Dinas Tenaga Kerja, Koperasi dan UKM Kabupaten Banyumas Nadia Sekarsari; Rahayu Subekti; Rosita Candrakirana
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 17 No. 1 (2023): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v17i1.1784

Abstract

This research intend to determine and resolve the process of dispute settlement of industrial relations between employee and PT Suzuki Finance Indonesia Branch Office Purwokerto on mediation step that was held at Dinas Tenaga Kerja, Koperasi dan UKM Kab. Banyumas. This research using normative and empirical methods which use primary and secondary legal materials. Also using interview data sources with the mediator of Dinnakerkop UKM Kab. Banyumas and documentary study. The conclusion of this research is the dispute settlement of industrial relations on this case already in accordance with PPHI Law, but there are obstacles that cause the solution of industrial relation can not to be done in the mediation step.
Tanggungjawab Pemerintah Daerah Terhadap Konsumen Selama Pandemi Covid-19 Gunawan; Lasatu, Asri; Patila, Manga’
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 17 No. 1 (2023): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v17i1.1686

Abstract

The government as a public servant has responsibilities that are not limited by space, time, and circumstances. The government has an obligation to provide services to the community anytime and anywhere and under any circumstances, including disaster emergencies. COVID-19 is a disaster that limits the movement of every human being, including the government. However, government services to the community must still run in order to fulfill the basic needs of the community. One form of the government's responsibility during the Pandemic Period is to provide legal protection to every consumer. The problem in this research is how is the implementation of local government responsibilities to consumers during the Covid-19 Pandemic? This study used several approaches, the data were analyzed qualitatively-quantitatively, and the results were in the form of analytic descriptive. The conclusion of the research is that during the Covid-19 pandemic, the local government has carried out its responsibilities in accordance with laws and regulations, but not optimally according to consumer expectations.
Pengaplikasian Mediasi dalam Perceraian di Era Pandemi Covid-19 pada Pengadilan Agama Pasangkayu (Tinjauan Yuridis-Normatif) Fahmi, Nazil
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 17 No. 1 (2023): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v17i1.1787

Abstract

Mediation is an alternative part of resolving cases that prioritizes the principles of justice and the good faith of the litigants who have experienced changes in their implementation in the world of judicial institutions during the Covid-19 pandemic, especially in religious courts. So, this study intends to describe the problem in a research question that has been formulated, namely how to apply divorce’s mediation in the era of the Covid-19 pandemic at the Pasangkayu Religious Court which is reviewed from a juridical-normative perspective. Then, the selection of the research method used is a type of qualitative research and data collection by means of field research. Meanwhile, juridical-normative is a research approach. Observing the research problems that have been formulated, the results of the study explain that mediation is applied in two closed stages, namely the pre-mediation stage and the mediation implementation stage and adjusts to the current situation. The purpose of mediation that adapts to circumstances is that mediation in divorce at the Pasangkayu Religious Court has changed according to the conditions that occurred in the era of the Covid-19 pandemic which caused the mediation model, especially in carrying out mediation using two ways, namely carrying out virtual mediation and maximizing caucuses (separate meetings). The two models of mediation application have actually been regulated in a juridical-normative manner, in which their application has a legal umbrella in the Supreme Court Regulations (PERMA), Supreme Court Circular Letters (SEMA) and policies from the Religious Courts Agency (BADILAG).

Page 12 of 16 | Total Record : 151

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