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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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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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Akad Wakalah bi al-Istitsmar dalam Kajian Hadis Ahkam Kamaruddin
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.v17i1.1874

Abstract

This paper is a thematic study of hadith, the hadith used is a hadith narrated by Urwah, telling when the Prophet gave and represented the purchase of a sacrificial goat, Urwah multiplied the profit with the value of one dinar from the Prophet getting two goats and reselling one of them so that his capital returned. This hadith is a type of legal hadith which is the main argument for the wakalah al-istitsmar contract. So this paper reveals how the hadith of Urwah and its application to the present wakalah al-istitsmar contract. The method used in disclosing it is by using the thematic hadith method, and ends with an analysis of the contents of the hadith and DSN MUI's fatwa regarding wakalah al-istitsmar. If the Urwah Hadith is related to the DSN MUI fatwa, it is found that there are three relationships, namely the Urwah Hadith only describes representatives as individuals, and in current developments, there are representatives who are trade organizations and institutions, second, the hadith shows the form of wakalah al-istitsmar muqayyadah, and the three representatives must carry out their representatives in investing while still complying with sharia regulations.
Pemberian Upah Bagi Jasa Penulis Bayangan (Ghostwriter) Perspektif Fikih Muamalah Ovita Sari
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.v17i1.1328

Abstract

Giving wages for ghostwriters’ services basically meets the requirements of sighat and wages in muamalat. However, the existence of ghostwriter services is actually contrary to the academic code of ethics. And it also has a negative impact on the development of the quality of education. The purpose of this research is to find out the concept of wages according to Islamic law and to find out the views of Islamic law on giving wages to ghostwriters. This study uses the library method by finding sources of information through previous research studies. The implications of this research are expected to be able to provide a bit of an overview regarding the remuneration of ghostwriters. The study results show that the form of the contract and the wage system used by the ghostwriter services fulfill the sighat and wage requirements in fiqh muamalah. However, the use of ghostwriting services actually violates the academic code of ethics and has negative implications for the quality of education, and in the view of Islamic law the existence of shadow writing services is in fact considered unlawful because there is an element of fraud in it.
Fikih Indonesia Hasbi Ash-Shiddieqy Mulyanti; Asdar, Faizal
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.v17i1.1793

Abstract

The Indonesian fiqh framework offered by Hasbi is not an idea of thinking that abandons the thinking tradition of classical scholars with the jargon of reform it offers. The basic framework remains in the main sources of Islamic law, namely the Koran, Hadith, Ijma, Qiyas, Ra‎'yu, and Urf. The notion of Indonesian jurisprudence is also based on the main source of Islamic law, Indonesian jurisprudence must pay attention to the Indonesian contextual situation, so that answers to legal problems do not become foreign products for society. The idea of Indonesian jurisprudence on issues for which there is no legal answer, according to Hasbi, must be decided in a collective ijtihad model which will later provide more comprehensive answers to problems from all perspectives of the problem.
Kebebasan Hakim dalam Melahirkan Putusan Progresif Akbar, Muhammad
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.v17i1.1853

Abstract

Determining a decision is not easy and sometimes gives a difficult position for a judge, determining a judge's decision is required to carry out the technical juridical and procedural implementation of legislation. Therefore it becomes important to determine the conditions that must be owned by a judge related to his freedom in making progressive decisions. This research is a literature study to explore indicators that can produce a progressive decision that must be owned by a judge. The indicator that must be possessed is the independence of a judge, which is based on moral and ethical integrity, the transparency aspect of decisions is also a picture of freedom and progressiveness, besides that professionalism and intellectual ability are absolute requirements that are part of the basic things that a progressive judge must have.
Konsep Kafa’ah pada Perkawinan Syarifah Di Desa Pambusuang Kabupaten Polewali Mandar Mayanti; Andi Jusran Kasim
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.v17i1.1867

Abstract

This study uses a qualitative research method with empirical legal research located in Pambusuang, Balanipa, Polewali Mandar. It is conducted by using a normative theological and sociological research approach. The primary data sources are several Syarifah women and Habib. The study reveals that the Syarifah women's marriage system is not significantly different from the women's marriage system in general in Pambusuang, namely using the traditional Mandar procession, however, there are few differences are found. First, Syarifah women's marriage tends to focus on nasab (lineage) at the matchmaking process or at the proposal process so that the marriage is arranged, they do not apply several kufu' concepts (compability) in choosing a partner, and some of them even choose not to marry. Second, at the metindor process in Syarifahs' Wedding (arrival of the groom), the groom should attend the syarifahs' place by riding a horse. Third, the groom has to wear white to carry out the Ijab kabul . Regarding the first result, the concept of kafâ`ah for Syarifah women in achieving sakinah mawaddah warahmah marriage cannot be separated from the combination of several kufu’ concepts, such as religion, lineage, work, and wealth. However, in their marriage, the concept of kufu' in terms of lineage and religion is the most important consideration when choosing a partner while the wealth and work aspect are tend to be ignored nowadays. The implication of the research is that there is an understanding that not only lineage of sayyid descent is a determinant in achieving a life of sakinah mawaddah warahmah for syarifah women in Pambusuang, but it is also necessary to grant rights to Syarifah women to choose their partner outside the lineage of sayyid rather than live unmarried because they are not from the same nasab (lineage).
The Legal Position of Elopement Marriage (sirī) Against Positive Law After the Decision of the Constitutional Court Number 46/PUU-VIII/2010 Edwin Yulanda; Nazaruddin; Sapriadi; Noercholis Rafid
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 18 No. 2 (2024): Bilancia : Jurnal Studi Ilmu Syariah dan Hukum
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v18i2.3422

Abstract

The purpose of this study is to examine the legal application of elopement marriage (sirī) after the Constitutional Court Decision Number 46/PUU-VIII/2010. This research is a qualitative research and the type of research is library research. The data collection method used is literature study. The results showed that; the legal application of elopement marriage (sirī) after the decision of the Constitutional Court Number 46/PUU-VII/2010 has been regulated in Government Regulation of the Republic of Indonesia Number 9 of 1975. This is a positive law that must be followed by all Indonesian citizens. The application of this law is in line with religious values in the context of the Indonesian nation, in accordance with the Pancasila. The impact of this decision also changes people's attitudes towards siri marriage because children born from elopement marriage (sirī) still have a right recognized by the state. The message conveyed in this decision encourages people to understand the importance of legal recognition and marriage registration to protect the rights of children born from elopement marriage (sirī).
Perlindungan Hukum Pekerja Perjanjian Kerja Waktu Tertentu Pada PT. Wonokoyo Jaya Corp Mohammad Hatta; Purwono Sungkowo Raharjo; Rosita Candrakirana
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 17 No. 2 (2023): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v17i2.1737

Abstract

Problems regarding the rights of workers/labourers who work in a company are still not fully fulfilled, especially for workers with a certain time work agreement system (PKWT). Therefore, the government issued implementing regulations for the Omnibus Law on the Job Creation Law, namely PP No. 35 of 2021 concerning PKWT, outsourcing, working time, work relations and rest time, and termination of employment (PHK) as an effort to realize the welfare of workers. However, in practice, there are still many companies that have not fully fulfilled their workers' rights. Based on this background, a study was compiled entitled "Legal Protection of Work Agreement Workers for a Certain Time at PT. Wonokoyo Jaya Corp.” the research method used by the author is empirical normative with data collection techniques using structured interviews with the personnel of PT Wonokoyo Jaya Corp. The results of the study show that the implementation of workers' rights has not been fully fulfilled, namely in the provision of compensation money given to PKWT workers after the contract is completed. Therefore, the government should tighten supervision over companies that have not implemented new policies for the sake of realizing worker welfare and workers must also understand the applicable policies so that companies cannot be deceived and companies provide socialisation to the community.
Komparasi Sistem Pemilihan Umum Estonia - Indonesia : Penerapan I-Voting Munawaroh, Umi Rofiatun
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 17 No. 2 (2023): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v17i2.1835

Abstract

This article discusses a comparison of the electoral systems that tahe place in Indonesian and Estonia. Estonia is a country that implements Parlianmentary democracy while Indonesian is a country that implements Pancasila Democracy. Estonia is a republic with a president as head of state and a prime minister as head of goverment. Indonesian has the same form of state as Estonia, namely a republic. However, Indonesian does not adhere to a parlianmentary system which is reflected in the president’s position as head of government who is assisted in carrying out his duties by the vice presdient. Estonia is considered a developed country because it has an all-electronic government system or can be accessed via the internet. This has been implemented in an election system called e-voting since 2005. Until now, Indonesia still uses the conventional voting system through ballots. Many problems arise in the conventional electoral system through ballots considering Indonesia’s vast territory and difficulties in accessing election logistics. Therefore, a discussion on the comparison of the two countries in the general electoral system is to find out the similarities and differences in the system applied. The method used in this research is a literature study using a comparative approach. The method used in this research is a literature study using a comparative approach. The research method uses literature study by quoting data from websites, journals and books that discuss the general election system in Indonesia and Estonia. The results of this research are a comparison of the electoral system of Indonesia and Estonia. It is especially important for Indonesia to be able to modify Estonia’s general election system which is considered very modern because it uses Internet Voting.
Comparison of Sharia Business Law Opinions on Fine Sanctions For Late Payment of Installments in Sharia Financial Institutions Hidayatullah, Muhammad Syarif; Ragil Rahmatullah Nurhakim
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 17 No. 2 (2023): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v17i2.2067

Abstract

Islamic Financial Institutions are financial institutions whose operations are based on Sharia principles or Islamic legal rules in the financial transactions that are carried out. Closely to conventional financial institutions, fines for late payment of installments by customers are also applied by Islamic financial institutions whose legality refers to the DSN-MUI fatwa on sanctions against capable customers who delay payments. The issue of fines eventually creates problems and debates on its legality and relevance to sharia principles. This research aimed to compare sharia business law opinions on issues of fines for late installment payments at Islamic financial institutions. The research method employed was normative legal research with a comparative approach. The research results revealed the difference of opinions on the existence and legal status of these fines in Islamic financial institutions. Leastwise, there are two legal opinions: (1) it is permissible on condition that fines are only given to capable customers who delay payments (under specific criteria, not absolute permissibility) and that fines must be designated as social funds. Meanwhile, (2) disapproving opinion to assume that this fine is similar to usury; hence, it is forbidden.
Tantangan dan Faktor yang Mempengaruhi Penundaan Implementasi Pajak Karbon di Indonesia Sofiyati, Rizqy Alifa; Hermawan, Sapto
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 17 No. 2 (2023): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v17i2.2150

Abstract

This research analyzes the challenges and factors influencing the delayed implementation of carbon tax in Indonesia using a qualitative descriptive approach through literature review and document analysis. The research findings indicate that the challenges and factors affecting the delay in carbon tax implementation can be seen from various aspects. This study has shown that the challenges in the carbon tax implementation process include the balance between environmental goals and economic well-being, public awareness and acceptance, infrastructure readiness and emission monitoring, as well as weak law enforcement in carbon tax policy determination. Various factors influencing the delay in carbon tax implementation include dependence on fossil energy sources, resistance from affected industries, the absence of a carbon tax roadmap, and unclear carbon exposure thresholds. With this research, it is hoped to provide an in-depth understanding of Indonesia's unique challenges in addressing climate change and offer insights needed to design effective policies for reducing carbon emissions and achieving environmental protection goals while considering existing socio-economic impacts.

Page 13 of 16 | Total Record : 151

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