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Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Published by Institut Agama Islam Negeri Bengkulu
ISSN : 23555173     EISSN : 26569477     DOI : -
Core Subject : Religion, Economy, Social,
Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
JURNAL ILMIAH MIZANI : Wacana Hukum, Ekonomi, dan Keagamaan is a scientific publication journal that contains Islamic law, Economics, and Islamic Religious Studies to support the development of Islamic knowledge. This journal is published two times a year in March and September by Faculty of Islamic Law of State Institute for Islamic Studies (IAIN) Bengkulu.
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Articles 7 Documents
 1 
Search results for , issue "Vol 6, No 1 (2019)" : 7 Documents clear
REFORMULASI PERENCANAAN PEMBANGUNAN NASIONAL MODEL GARIS-GARIS BESAR HALUAN NEGARA Ade Kosasih
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 6, No 1 (2019)
Publisher : Fakultas Syariah UINFAS Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (167.187 KB) | DOI: 10.29300/mzn.v6i1.2207

Abstract

The inability of the national long-term development plan (RPJPN) to consolidate different programs between one President and the next President, results in unsustainable development plans. So there is a desire to revitalize the outlines of the state's direction (GBHN) as a guide to national development that was once able to integrate national development planning in the past. Therefore, it is necessary to reform the GBHN, because the concept of GBHN in the past is not necessarily relevant to the current state administration system, especially the implications of the GBHN on the authority of the MPR. The future GBHN systematics will be followed up with the RPJM and the regional mid-term development plan (RPJMD) in lieu of the five-year development plan. To strengthen the legality of GBHN as a development planning document, the MPR Decree on GBHN must be interpreted as a fundamental norm, so that if the President deviates from the GBHN, then the President can be impeached. This means that the position and function of the MPR and the Constitutional Court (MK) need to be reconstructed, that is, the MPR is given the authority to submit impeachments and execute MK Decisions related to impeachment of the President in violation of the GBHN, while the Constitutional Court has the authority to examine and adjudicate requests for impeachment. Thus, it is believed that development planning can run in an integrated and sustainable manner.
UPAYA MERAIH JABATAN PEMIMPIN PERSPEKTIF HADIS AHKAM Toha Andiko
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 6, No 1 (2019)
Publisher : Fakultas Syariah UINFAS Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (249.111 KB) | DOI: 10.29300/mzn.v6i1.2208

Abstract

In public leadership, Islamic history records that succession occurred after the death of the Holy Prophet was carried out with various variants. The traditions of the Prophet who spoke about leadership, the majority discussed the ethical principles of the position of leader. Only a few hadiths discuss the law of trying to reach a leadership position, and that is generally understood as a prohibition. In fact, in the Indonesian context, for example, there is no public leadership that can be achieved without effort. This paper explains that the effort to reach a leadership position is basically not prohibited. The prohibition on asking for office in the traditions of the Prophet was actually addressed to people who were greedy and incompetent. As for someone who has more ability than most of his community, whether intellectual, managerial or other strengths that can support his leadership in the future, then the law is permissible.
EKSISTENSI QAUL AL-SHAHABI SEBAGAI DALIL SYAR’I Abdul Hakim
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 6, No 1 (2019)
Publisher : Fakultas Syariah UINFAS Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (337.338 KB) | DOI: 10.29300/mzn.v6i1.2199

Abstract

The source of Islamic law is the main foundation a mujtahid for exploring Islamic law for existing arguments, both agreed ptopositions or disputed. Qaul Shahabi is one of the syar’i arguments wich became a discussion of scholars about the success in the determination of the law. Study of Qaul Shahabi become one of the interesting themes among experts ushul fiqh, even though they put it in the position of the disputed argument. However, the majority of scholars use Qaul Shahabi as a backrest in deciding the case of islamic law, especially events that are not partially explained in the Alquran and Hadis. Debate among these scholars only limited to which friends can be used as a basis and reference, but that does not prevent them from making Qaul Shahabiy a shar'i proposition
SANKSI PENYEBAR HOAX PERSPEKTIF HUKUM PIDANA ISLAM Wahyu Abdul Jafar
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 6, No 1 (2019)
Publisher : Fakultas Syariah UINFAS Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (765.637 KB) | DOI: 10.29300/mzn.v6i1.2206

Abstract

This study discusses the issue of hoaxes which have been troubling the community. One reason for the rise of hoax news is that the handling is only from the side of positive law without involving religious elements, whereas religious teachings are very effective for preventive actions because if there are religious elements in the handling, people will always be watched and afraid of sinning if they violate. The subject of this study is how to set ta'zir sanctions for hoax makers and disseminators in the perspective of Islamic law. This study is included in the literature research category, while the approach used in this study is a normative approach. The data collection technique used is documentation technique. After an in-depth study was obtained a conclusion that there were three categories of ta'zir sanctions, namely minor, moderate and severe sanctions. Minor sanctions are given to perpetrators and disseminators of hoaxes with motives of ignorance and victims of technological and information developments. While giving sanctions is being given to the perpetrators and disseminators of the hoax with the motive for the absence of legal certainty. Then hoax makers and spreaders who have motives for malicious intentions and politics are given the heaviest sanctions
LEGALITAS DAN OTORITAS FATWA DEWAN SYARIAH NASIONAL MAJELIS ULAMA INDONESIA DALAM OPERASIONAL LEMBAGA KEUANGAN SYARIAH Muhamad Ibnu Afrelian; Imahda Khoiri Furqon
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 6, No 1 (2019)
Publisher : Fakultas Syariah UINFAS Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (223.904 KB) | DOI: 10.29300/mzn.v6i1.2195

Abstract

Islamic financial institutions in their operations require legislation. In addition, practitioners of sharia economics also need a fatwa from the National Sharia Council-Indonesian Ulema Council (DSN-MUI) to guarantee the implementation of Sharia principles in sharia financial institutions. Although the fatwa is basically an advice that can be carried out or ignored, but the DSN-MUI Fatwa if it is related to positive law, the position is the same as the doctrine that is as an amplifier in the legal ruling of a qadhi in a case. The DSN-MUI fatwa also has authority and an important role in making legislation binding, and is used as a positive law in enhancing the development of sharia economics in Indonesia. The legal aspects contained in the DSN-MUI fatwa, can be seen from the absorption of the DSN-MUI fatwa in various regulations relating to the operations of Islamic financial institutions, and have been transformed into the form of laws. Thus, the legal strength of the DSN-MUI fatwa becomes binding in the operations of Islamic financial institutions
PERAN DAN GUGATAN MASYARAKAT MENURUT UNDANG-UNDANG NO. 23 TAHUN 1997 TENTANG PENGELOLAAN LINGKUNGAN HIDUP Eka Yuliastuti
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 6, No 1 (2019)
Publisher : Fakultas Syariah UINFAS Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (196.682 KB) | DOI: 10.29300/mzn.v6i1.2200

Abstract

The purpose of this study is to find out how the role of the community and community lawsuits according to Law No. 23 of 1997 concerning Environmental Management. The research method used in this study is a qualitative method. While the approach uses the normative juridical approach. The type of data used is primary data and secondary data. Data collection methods by interview and documentation. The process of community participation must be open to the public, community participation will affect the credibility and accountability of the relevant institutions. By documenting the actions of this State decision, it is expected to be able to provide satisfactory means if the public and the court will examine the considerations that have been taken when making the decision. The right of community claim can be filed through NGOs if there are similarities in facts or events and the legal basis and types of claims between group representatives and group members. As for environmental organizations, they can file a lawsuit if they meet the requirements, among others in the form of legal entities, confirm in their articles of association that the organization was established for the purpose of preservation of environmental functions, and have carried out concrete activities with a statute of at least 2 years
DINAMIKA PEMIKIRAN NAHDLATUL ULAMA DALAM MERESPONS KEPEMIMPINAN NON MUSLIM DI INDONESIA Izzul Madid
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 6, No 1 (2019)
Publisher : Fakultas Syariah UINFAS Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (271.391 KB) | DOI: 10.29300/mzn.v6i1.2197

Abstract

The leadership of non-Muslims in Indonesia had become a hot spotlight when the action 212 was held. Many people who later conducted a study of Islamic law about the validity of a non-Muslim was appointed as a leader. One study of this matter that is quite unique is the result of the Bahtsul Masail held by the GP Ansor which resulted in a conclusion that a non-Muslim is legitimately appointed as a leader in Indonesia. The results of this study reaped polemics because by some circles, it was considered to harm NU's thoughts which had been decided at the 1999 Congress at Lirboyo. This article intends to explore how NU's real thinking as a Muslim mass organization is the largest in responding to non-Muslim leadership in the Indonesian context. From the results of this study, it was concluded that organizationally, NU had never discussed the issue of non-Muslim leadership specifically, either in the Congress or National Conference of Alim Ulama. The issue that has been raised by NU in relation to non-Muslim politics is around its electability as a legislative council.

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