cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Ahmad Arief
Contact Email
ahmadarief@iainpalu.ac.id
Phone
+6285399176488
Journal Mail Official
bilanciafasya@iainpalu.ac.id
Editorial Address
Fakultas Syariah Institut Agama Islam Negeri (IAIN) Palu Jl. Diponegoro No. 23 Palu Sulawesi Tengah 94221 Email : bilanciafasya@iainpalu.ac.id
Location
Kota palu,
Sulawesi tengah
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
 12   13   14   15   16 
Upaya Penegakkan Contitutional Culture Masyarakat Sulawesi Tengah Ditengah Gerusan Constitutional Transplantation Atma, Randy; Budiarti, Budiarti
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.v17i2.2425

Abstract

The legal policy of recognition of indigenous peoples as outlined by the 1945 Constitution requires the government to make customary law a source and inspiration in the development of national law. In the field of private law such as land and inheritance law, customary law has been elaborated a lot into national law. However, constitutional customary law is still not elaborated so that it often seems that it does not make a good contribution to the development of constitutional law in Indonesia. Based on research it is known that constitutional customary law is a formal source of constitutional law that hierarchically falls under the constitutional law act. In fact, some constitutional customary laws have been adopted in positive constitutional law, such as the provisions regarding the indigenous legal alliance, and the concept of the president as the holder of power over the army.
Pencegahan Perkawinan Oleh Wali Nasab Dalam Putusan Pengadilan Agama Selong Kelas 1 B Badar, Muhammad Badaruddin; Teti Indrawati Purnamasari; Zainal Arifin Haji Munir
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.v17i2.2541

Abstract

Marriage laws in Indonesia for the Muslim community are regulated in the Compilation of Islamic Law (HKI). It does not rule out the possibility that disputes may arise during the marriage process. Two people who love each other and want to carry out the orders of Allah and His Messenger, also want to realize article 3 in the Compilation of Islamic Law, are prevented by their own lineage guardian because they do not agree with their child's marriage. This conflict occurred because there was a gap in legal remedies for family guardians who did not agree with their child's marriage, as well as legal remedies for women whose guardians were reluctant to become guardians for their marriage. This article is field research using qualitative research methods that are descriptive analysis. The approach used in this research is a case approach. The object of study in this article is the decision of the Selong Religion regarding the prevention of marriage by lineage guardians. The prevention of marriage carried out by the nasab guardian in the decision of the Selong Religious Court was due to the fact that the nasab guardian did not want his child to be used as a second wife or polygamous, in the process of escape or extramarital affairs carried out by the groom which was not in accordance with the customs applicable in the bride's area, and between the bride and groom. men and women are not equal. These three cases were not a valid reason for the nasab guardian to prevent the marriage of his child from the perspective of the Compilation of Islamic Law (KHI), so the request was rejected by the panel of judges.
Problematika Pencegahan Perkawinan Anak di Desa Pamboborang Dwi Utami Hudaya Nur; Mubakkirah, Fadhliah; An'nisah, Rizqi
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.v17i2.2823

Abstract

This research is qualitative research taking the research location in Pamboborang village, Banggae District, Majene Regency, West Sulawesi. A normative juridical and sociological research approach where the primary data sources for this research are parents and Pamboborang village officials. The results of this research state that promiscuity, pregnancy out of wedlock, culture and legal awareness are factors that greatly influence the high rate of child marriage in Pamboborang village. The role of law enforcers such as local government, the courts, the Regional Population and Family Planning Agency (BKKBD) and the Health Service are institutions that also have an important role in overcoming these factors. Socialization can be carried out well to educate and provide understanding about the positive and negative impacts of child marriage that occurs in Pamboborang village. It is hoped that the target of this education will be more focused on parents in Pamboborang village because parents should have the greatest role and responsibility to look after and protect their children from all negative actions and actions outside the home. Based on several factors that are the cause of the high rate of child marriage in Pamboborang village, it is hoped that the role of parents will be maximized, so that children who have fallen into promiscuity and juvenile delinquency will be taken in and educated better, rather than resorting to marriage. If the child is pregnant out of wedlock then the role of the parents is not only to get the child married, but the parents have a role to continue to provide advice and assistance to the child of the young couple, so that the marriage they build can create a happy and eternal marriage based on the Almighty God One.
Consumer Protection Due to Disclaimer Clause in Internet Site Vitarani, K.; Rumawi, Rumawi
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 18 No. 1 (2024): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v18i1.2850

Abstract

A unilateral agreement that contains a transfer of responsibility or known as a disclaimer clause is deemed to be in conflict with the provisions of Law No. 8 of 1999 concerning Consumer Protection in article 18, an agreement which contains limits on responsibility is also contrary to the law of agreements where this is considered to have deviated or there is no compliance or conformity with one of the conditions for the validity of an agreement, namely "a legal cause", besides this having a negative impact on legal development and the health of the economy, law enforcement should be more detailed and firm regarding this matter. This research aims not to ignore a provision and as an enlightenment for legislative institutions to focus more on problems that are often overlooked, especially on law enforcement. The formulation of the problem is about the nature of the disclaimer clause according to contract law, consumer protection law and its impact in the future for business actors and consumers as a form of material or basic knowledge of legal certainty and the impact of the inclusion of the disclaimer clause. The method used in research is a type of normative legal research. The validity of an agreement according to the Civil Code must fulfill the four conditions stated in article 1320 of the Civil Code. The inclusion of standard clauses on internet sites remains based on the law of agreements in the Civil Code. Meanwhile, the inclusion of unilateral agreements on internet sites in consumer protection law is considered valid as long as it does not violate the rules in article 18. In conclusion, there is no truth in the inclusion of a disclaimer if viewed from consumer protection law, and in assessing the meaning and definition of a disclaimer which is clearly against the rules, its inclusion is considered does not conform to the requirements in article 1320 of the Civil Code regarding the existence of a legal cause. The impact of including the disclaimer clause will result in legal problems for consumers and business actors as well as a lack of justice.
The Relevance of the Marriage Age Maturation Program according to Law No. 52/2009 from the Perspective of Maqāṣid al-Syarī'ah (Case Study in Bontoa District, Maros Regency) Alimahmudrikah, Nur; Muh. Bakry, Muammar; Asni; Nazaruddin
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 18 No. 1 (2024): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v18i1.2903

Abstract

The purpose of this study is to reveal the relevance of the Marriage Age Maturation Program according to Law No. 52 of 2009 from the perspective of Maqāṣid al-Syarī'ah in Bontoa District, Maros. This research is qualitative research, the type of research is field research. The data collection methods used in this research are observation, interview and documentation. Data processing and data analysis techniques used through three stages, namely: data reduction, data presentation, data verification, data classification, data analysis and conclusion drawing. The results showed that; the relevance of Maqāṣhid al-Syarī'ah to the implementation of the Marriage Age Advancement Program according to Law No. 52 of 2009 in Bontoa District, Maros Regency is in expectation of improving the quality and controlling the quantity of the population, the five main elements in Maqāṣhid al-Syarī'ah are very relevant to the Marriage Age Advancement Program for the sake of benefit and preventing evil.
A Review of The Mashlahah of Uang Panai’ in Decision Making: The Role of Financial Behavior, Social Strata, Education and Religiosity Kurniati; Indriyani MS, Eka
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 18 No. 1 (2024): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v18i1.2992

Abstract

The tradition of uang panai’ has been rooted in the Makassar Bugis tribe's marriage until now giving birth to several meanings, the higher the uang panai’ given shows the higher the Social strata of the family. Another meaning is also said to be that if there is no uang panai’ then there is no marriage. This tradition affects people's behavior in deciding to get married. Perhaps some of them choose to continue their relationship through silariang (elopement) and even commit suicide because they are frustrated that they cannot meet the demand for uang panai’. This paper examines community behavior in making decisions on the amount of uang panai’ influenced by financial behavior, Social strata, education and religiosity. This research uses a mixed method approach by using SMART-PLS data analysis and analyzing qualitatively with mashlahah analysis. The sampling technique is non-probability sampling with a purposive sampling method by taking samples based on certain criteria and selecting subjects according to the right informant. The results showed that financial behavior does not affect decision-making. The stronger the financial behavior of the community, the less likely the decision to meet the demands of the amount of money panai'. This is in line with the theory of planned behavior, the decision is to make considerations by making specific plans. Religiosity also does not influence decision-making. The stronger one's religious beliefs, the weaker the decision to fulfill the demands of panai'. This religious belief fosters responsibility so it is cautious in making decisions. The description of community behavior towards panai' money decision-making is more appropriate to explain in the concept of mashlahah mursalah.
The Distribution of Inheritance to Extramarital Children on Islamic Legal Perspective : Comparative Study of Islamic Inheritance Law and Constitutional Court Decisions Tahir, Maulana Amin
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 18 No. 1 (2024): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v18i1.2993

Abstract

Children are considered a precious blessing from a higher power and are entrusted to our care to be nurtured and guided towards a bright future. As parents, it is our duty to provide the best possible attention to our children, as protecting their rights is an important obligation outlined in the Islamic religion. Illegitimate children, born to unmarried women, are not exempt from these responsibilities. This study focuses on the distribution of inheritance to illegitimate children in accordance with Islamic law, using a descriptive normative juridical method. The findings reveal that under KHI provisions, an illegitimate child is entitled to a share of their mother's inheritance, with a single woman's child receiving half and a child from multiple women receiving two-thirds.
Household Moderation as a Foundation for Building a Harmonic Family: An Integration of Murray Bowen's Family Systems Theory and Maqashid Sharia Sugitanata, Arif
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 18 No. 1 (2024): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v18i1.2997

Abstract

This study explores the concept of "household moderation" as a strategy to overcome the dynamics and challenges of family life. This research adopts a literature-based qualitative research type to analyze the concept of household moderation. By integrating Murray Bowen's Family Systems theory and Maqashid Shariah principles, this research shows that household moderation, through practices such as prudent financiafl planning, equitable division of tasks, effective time management, education, and physical and mental health, can create a strong foundation for a harmonious and supportive family life. This research emphasizes the importance of effective communication, cooperation and flexibility in dealing with daily challenges and adapting to changes in family life. Based on an analysis of Murray Bowen's Family Systems theory, home moderation offers insights into how self-differentiation, avoidance of negative triangulation and stabilization of the family emotional system can support healthy family functioning. In addition, marital moderation also contributes to protecting the five aspects of essential well-being according to Maqashid Shariah: religion, soul, intellect, offspring and property. However, this study also recognizes the need to explore further the application of household moderation in highly diverse family contexts to enhance the relevance and applicability of this concept in a pluralistic society.
Legality of Implementing an Embargo in Efforts to Resolve Armed Conflicts Between Countries Suling, Derfy Rizky
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 18 No. 1 (2024): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v18i1.3011

Abstract

Embargo have become one of the common strategies used by states in responding to violations of international law by other states including when there is an armed conflict between states. However, the application of embargoes tends to worsen the atmosphere of conflict, disrupt international politics and cause significant impacts in many countries which raises the question of how important the application of embargoes as an effort to resolve conflicts. This problem will also target the legality of such actions in the context of the principles of international law governing state sovereignty, human rights, and international trade rules. With a normative legal analysis approach, this research aims to examine the international legal framework governing the implementation of embargoes, which reveals that the use of economic sanctions has been a common practice found in international law for many years and has developed into an international custom.
Analysis of Suspended Marriages from The Perspective of Human Rights and Child Protection Laws Zinqi, Navila; Fakhruddin Aziz
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 18 No. 1 (2024): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v18i1.3021

Abstract

Early marriage by minors becomes a problem in many countries including Indonesia, with economical, educational and customary factors being the main reasons. In some areas in Indonesia where customs are still closely held, the practice of suspended marriages is very common. Suspended marriage is a condition where marriage is carried out when each partner is very young with a specific purpose and both are prohibited from living together in the same house before adulthood. This article aims to examine suspended marriage in human rights’ perspective and child protection law’s using normative research techniques by reviewing and deepening literature studies. The results of this study indicate that suspended marriages are included in the marriage of minors which is an act categorized as violating human rights because child marriage affects the education and growth of children and is a form of opposition to the Child Protection Law, the practice of early marriage and suspended marriages often occur in Indonesia even though the law has expressly prohibited doing so.

Page 14 of 16 | Total Record : 151

 12   13   14   15   16 

Filter by Year

2016 2025


Reset
Filter By Issues
All Issue Vol. 19 No. 1 (2025): Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 18 No. 2 (2024): Bilancia : Jurnal Studi Ilmu Syariah dan Hukum Vol. 18 No. 1 (2024): BILANCIA Vol. 17 No. 2 (2023): BILANCIA Vol. 17 No. 1 (2023): BILANCIA Vol. 16 No. 2 (2022): BILANCIA Vol. 16 No. 1 (2022): BILANCIA Vol. 15 No. 2 (2021): BILANCIA Vol. 15 No. 1 (2021): BILANCIA Vol. 14 No. 2 (2020): BILANCIA Vol. 14 No. 1 (2020): BILANCIA Vol. 13 No. 2 (2019): BILANCIA Vol. 13 No. 1 (2019): BILANCIA Vol. 12 No. 2 (2018): BILANCIA Vol. 12 No. 1 (2018): BILANCIA Vol. 11 No. 2 (2017): BILANCIA Vol. 11 No. 1 (2017): BILANCIA Vol. 10 No. 2 (2016): BILANCIA Vol. 10 No. 1 (2016): BILANCIA More Issue