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<![CDATA[Implementasi Peraturan Daerah Kota Metro Tentang Penanggulangan Penyakit Sosial Masyarakat Terhadap Praktek Prostitusi Online Di Kota Metro ]]>
<![CDATA[Salim, Choirul]]>
<![CDATA[ Istinbath : Jurnal Hukum Vol 17 No 2 (2020): Istinbath : Jurnal Hukum ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Metro ]]>
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DOI: 10.32332/istinbath.v17i2.2386
<![CDATA[ABSTRACT The problem of prostitution is nothing new in Indonesian society, currently online-based prostitution is increasingly rampant. This phenomenon is a social problem because it involves social and moral values in people's lives. This social problem cannot be overcome if there is no special attention from all parties, both government and society. From this, the authors are interested in conducting research related to the implementation of the Metro City Regional Regulation Number 07 of 2016 concerning Community Social Disease Management, especially the practice of online prostitution in Metro City. This research is a field research (Field Research) which describes the implementation, obstacles and solutions to the implementation of the Metro City Regional Regulation Number 07 of 2016 concerning Community Social Diseases Management of the practice of online prostitution in Metro City. Based on the results of the research, it can be concluded that the implementation of the Metro City Regional Regulation Number 7 of 2016 concerning Community Social Diseases Control regarding online prostitution has not been implemented optimally, Satpol PP officers who are in charge of local regulations have taken serious control but sanctions are given to disease perpetrators. social in the community only in the form of social guidance and sanctions. In the regional regulation Number 07 of 2016 concerning Community Social Diseases Management, it has not yet provided clear sanctions to perpetrators of social diseases such as online prostitution, because there are no implementing or guardian regulations regarding these regional regulations. Because the guardian's function explains the articles in regional regulations. The solution is that the local government must issue a guardian or implementing regulations from the Metro City Regional Regulation Number 07 of 2016 concerning Community Social Disease Management and need active participation of all components in tackling social diseases, especially those related to online prostitution. Keywords: Local Regulation, Implementation, Online prostitution]]>
<![CDATA[Ijma’ Dalam Konteks Penetapan Hukum Pada Suatu Negara ]]>
<![CDATA[Muhammad, Hasanudin]]>;
<![CDATA[Alimuddin, Agus]]>;
<![CDATA[Wahdini, Muhammad]]>;
<![CDATA[Aisyah, Lisda]]>
<![CDATA[ Istinbath : Jurnal Hukum Vol 17 No 2 (2020): Istinbath : Jurnal Hukum ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Metro ]]>
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DOI: 10.32332/istinbath.v17i2.2391
<![CDATA[Ijma’ adalah salah satu metode yang pembahasannya semakin berkembang karena konsep Ijma’ yang dirumuskan oleh para ulama fuqaha terdahulu ternyata di masa sekarang menimbulkan pertanyaan mengenai bagaimana Ijma’ bisa diimplementasikan. Ketika Ijma’ dipahami sebagai kesepakatan ulama maka ulama yang seperti apakah pada saat ini yang dapat membentuk sebuah kesepakatan yang dapat dipakai umat. Kemudian masih memungkinkah akan adanya sebuah ijtihad berbentuk Ijma’ yang akan dikaitkan dengan kontek negara bangsa ini. Dengan metode library research dan content analysis terhadap penafsiran beberapa ayat Al-Qur’an yang terkait. Tujuan penelitian ini adalah sebagai konteks negara bangsa bahwa Ijma’ dapat dilakukan oleh pemerintah dalam hal ini lembaga legislatif sebagai wakil rakyat, sehingga produk-produk hukumnya jika disepakati bisa dikatakan dengan Ijma’. Dan upaya kontekstualisasi konsep rukun Ijma’ dari segi kriteria mujtahid maupun secara yuridis historis bahwa Ijma’ itu adalah sebuah konsensus, maka dalam konteks negara bangsa peraturan-perundang-undangan menjadi keniscayaan menjadi sebuah Ijma’. Konsep Ijma’ ini akan menghasilkan sebuah dalam konteks negara bangsa peraturan-perundang-undangan menjadi keniscayaan menjadi sebuah Ijma’. Seperti Undang-Undang Perkawinan, Wakaf, dan peraturan perundangan lainnya.]]>
<![CDATA[Efek Efek Kausal Pada Aturan Permohonan Dispensasi Kawin: Tinjauan Sistematis dari Literatur, Hukum, dan Kebijakan (Studi Putusan Nomor: 13/Pdt.P/2020/PA.Bgi) ]]>
<![CDATA[Nugraheni, Prasasti Dyah]]>
<![CDATA[ Istinbath : Jurnal Hukum Vol 17 No 2 (2020): Istinbath : Jurnal Hukum ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Metro ]]>
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DOI: 10.32332/istinbath.v17i2.2623
<![CDATA[This paper contains legal issues arising from the promulgation of the Supreme Court Regulation Number 5 of the Year, which is a legal substance derived from Law Number 16 of 2019. The research method used in this paper is normative legal research which is carried out using secondary data. or library data. Das sollen, as an implication of the new regulation, creates a potential that makes applications for dispensation of marriage wide open. This is evidenced by the existence of a court decision, one of which is Decision Number: 13 / Pdt.P / 2020 / PA.Bgi., Which makes giving dispensation to marriage for those who are not yet old enough, on the basis of consideration of fulfilling administrative requirements, which are in accordance with the provisions of Article 7 paragraphs (1) and (2) of the Marriage Law jo. Article 6 (e) Government Regulation Number 9 of 1975. Therefore, it is very necessary to make new statutory provisions, which are limitative in nature, so that, it is hoped, can minimize deviant practices of the provisions regarding the marriage age limit for women and men who want to get married but not old enough.]]>
<![CDATA[Problematika Penyaluran Zakat Produktif Di BAZNAS Kota Gorontalo ]]>
<![CDATA[Saputera, Abdurrahman Adi]]>;
<![CDATA[Datuela, Sri Winda]]>
<![CDATA[ Istinbath : Jurnal Hukum Vol 17 No 2 (2020): Istinbath : Jurnal Hukum ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Metro ]]>
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DOI: 10.32332/istinbath.v17i2.2663
<![CDATA[This study aims to determine the productive zakat distribution system and the problems encountered in the productive zakat distribution system in BAZNAS Gorontalo city. This research is a qualitative field research. The target informants are BAZNAS and recipients of productive zakat assistance. Collecting data using the method of observation, interviews, and documentation. While the analysis uses qualitative analysis (non-statistical) which is descriptive qualitative. The results show that the productive zakat distribution system at BAZNAS includes: zakat allocation procedures, mustahik selection systems and zakat determination, muzakki and mustahik information systems, as well as documentation and reporting systems. There are two problems with the productive zakat distribution system, First, the mustahik determination system is not right on target, BAZNAS only relies on data from the village, and in providing information to mustahik, BAZNAS does not directly meet the mustahik candidates but only informs the neighbors . This seems to contain elements of nepotism. Second, in the distribution of goods by BAZNAS to the selected mustahik, there are types of goods in the form of cigarettes which are haraam by the third MUI fatwa in 2009. This is certainly not in accordance with the provisions of zakat which is a means to achieve the benefit of the people. As an implication, BAZNAS in its efforts to assist the government in eradicating poverty in Gorontalo City is expected to be really observant in determining mustahik by going down and being directly involved in selecting candidates for mustahik and not only based on data from the village.]]>
<![CDATA[Praktik Jual Beli Pada Marketplace Shopee Dan Perlindungan Hukum Bagi Konsumen ]]>
<![CDATA[fatarib, husnul]]>;
<![CDATA[Hayati, Suci]]>
<![CDATA[ Istinbath : Jurnal Hukum Vol 17 No 2 (2020): Istinbath : Jurnal Hukum ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Metro ]]>
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DOI: 10.32332/ijh.v17i2.2766
<![CDATA[The practice of buying and selling in the modern era has developed so rapidly. Buying and selling which has long been done face to face. Customers simply search for the desired item on the available marketplace application, then make transactions for the desired item. As is well known, the market place is a market for all kinds of goods that can be traded. Among the many marketplace applications, one of which is Shopee in this application also provides direct buying and selling and cash payments by transfer, then there is also a sale and purchase where the payment is made when the goods are received by the buyer / paid on the spot (COD), even buying and selling is available. which is done on credit. Of the many existing transactions, transaction failures are not uncommon. This means that sometimes there are items that are not in accordance with what the buyer wants. So it becomes necessary for Shopee marketplace application developers to pay more attention to legal protection for consumers who use the Shopee application.]]>
<![CDATA[IMPLEMENTASI ASAS HUKUM PERJANJIAN TERAPEUTIK DALAM INFORMED CONSENT ]]>
<![CDATA[Ramadhan, Muhammad Syahri]]>
<![CDATA[ Istinbath : Jurnal Hukum Vol 18 No 1 (2021): Istinbath : Jurnal Hukum ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Metro ]]>
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DOI: 10.32332/istinbath.v18i1.2850
<![CDATA[Therapeutic Agreement is an agreement made because of an agreement between the Doctor and the Patient. Before this agreement is made and agreed upon by both parties, the patient is legally entitled to obtain information about any medical action that will be carried out by the Doctor to the Patient. This information is known as Informed Consent. It is important to apply the principle of therapeutic agreement, which is correlated with the availability of informed consent, so that medical actions taken by doctors against patients do not violate the law and/or cause disputes later. The first problem formulation of this research is how is the existence of informed consent in the legal principle of therapeutic agreement between doctor and patient, and what are the legal consequences if the legal principles of therapeutic agreement between doctor and patient are not implemented optimally. The result and discussion of this is that the existence of informed consent can be reviewed through the principles in contract law in general, namely the principle of good faith, the principle of proportionality and the principle of pacta sunt servanda. The principles of contract law are not implemented because there is no conformity of will between the doctor and the patient, where the doctor is process-oriented while the patient is results-oriented. The conclusion of this research is that Informed Consent should be a manifestation of the principle of pacta sunt servanda in an agreement in the form of Inspanning Verbintenis. The doctor can be said to have no good faith in carrying out the therapeutic agreement with the patient if he does not carry out one or all of the contents of the Regulation of the Minister of Health of the Republic of Indonesia concerning the approval of the medical action.]]>
<![CDATA[MUHAMMAD SYAHRUR DAN TEORI LIMITASI: Sebuah Metode Penggalian Hukum Islam ]]>
<![CDATA[Witro, Doli]]>
<![CDATA[ Istinbath : Jurnal Hukum Vol 18 No 1 (2021): Istinbath : Jurnal Hukum ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Metro ]]>
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DOI: 10.32332/istinbath.v18i1.2926
<![CDATA[One of the thinkers in Islam who has contributed to the contemporary era is Muhammad Syahrur. It offers a contemporary methodology in explaining Islamic law. He further stated that in understanding the texts, one should not always be fixated on the interpretation of traditional ulama because religious texts should be interpreted according to their era. In explaining the renewal of Islamic law, Syahrul introduced a theory called the limit theory. This paper discusses the limit theory, which Muhammad Syahrur popularized. This paper aims to explain ijtihad in other languages extracting Islamic law using the limit theory introduced by Syahrur. This article uses a library research method. The data in this article were analyzed qualitatively, namely data reduction, data presentation, and conclusion drawing. The analysis results show that the hudud theory or limit theory as a tool for criticism of the established methodology of Islamic law (ushul fiqh) is a good thing. However, to rely on the hudud theory or limit theory as the main method in extracting Islamic law as a substitute for the ushul fiqh method that mujtahids have used in extracting Islamic law, the hudud theory or limit theory is still not well established.]]>
<![CDATA[Lisensi Kreativitas Bersama (Creative Commons License) Dalam Perspektif Hukum Indonesia ]]>
<![CDATA[Hakim, Dani Amran]]>
<![CDATA[ Istinbath : Jurnal Hukum Vol 18 No 2 (2021): Istinbath : Jurnal Hukum ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Metro ]]>
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DOI: 10.32332/istinbath.v18i2.3086
<![CDATA[The Creative Commons License is the breakthrough that non-profit organizations are making for the internet. Creative Commons has 4 (four) main conditions offered to creators for their copyrighted works, namely Attribution, Non-Comercial, No Derivatives, Share Alike. CCL is a response to the rapid development of internet technology. Various information that is accessed by the public through the internet, not a few of them are intellectual works that are protected by copyright. In the context of today's digital technology, it is very difficult to control activities such as copy-cut-paste (copying-cut-pasting), editing (editing), or sharing of documents (file sharing), which are contradictory to copyright law. So to overcome this, innovation and breakthroughs are needed that allow sharing and using creativity and knowledge without conflicting with legal provisions. The innovation is the Joint Creativity License. Through this license, a person is given the convenience to allow others to reproduce their copyrighted works, provided that their names are still listed. Creative commons is not an alternative to copyright law, but a partner to applicable copyright law.]]>
<![CDATA[Pemutusan Hubungan Kerja Bagi Karyawan Di Masa Pandemi Covid-19 Ditinjau Dari Perspektif Hukum Ekonomi Syariah ]]>
<![CDATA[Nashrullah, Faiz]]>
<![CDATA[ Istinbath : Jurnal Hukum Vol 18 No 1 (2021): Istinbath : Jurnal Hukum ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Metro ]]>
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DOI: 10.32332/istinbath.v18i1.3125
<![CDATA[In the article, the focus of the discussion is on employee terminations that occur during a pandemic, and the things that companies must fulfill when terminating employment, in terms of Sharia Economic Law. The Covid-19 pandemic that hit caused the government to issue a policy to limit the movement of people by implementing a lockdown and/or PSBB policy. The program caused a stagnation of the wheels of the community's economy. Entrepreneurs suffer losses due to unstable economic conditions, and people's purchasing power has decreased drastically. Thus, to avoid greater losses, many companies cut production costs by terminating their employees. From the results of the study, it is known that termination of employment during the pandemic is included in the ijarah category which is in the company's department, which acts as musta'jir (tenant). In ijarah, musta'jir is allowed to terminate the employment relationship with strong reasons, for example, because of the threat of bankruptcy. The things that must be fulfilled by the company such as severance pay and long service awards are adjusted to the applicable law. If there is still a dispute, then the parties can use the islah agreement to find a middle way. So it can be concluded that termination of employment during a pandemic is something that is allowed according to sharia economic law, provided that the company's obligations to employees affected by the termination must be carried out, and if no agreement is reached between the company and employees regarding their respective rights and obligations. each party, then the parties can choose the islah method to find the best solution.]]>
<![CDATA[Kompetensi Pengadilan Agama Memfasakh Perkawinan atas Dasar Peralihan Agama: Mengapa Yurisprudensi Mahkamah Agung Disimpangi? ]]>
<![CDATA[Nasution, Muhammad Idris]]>;
<![CDATA[Syafruddin Syam, Syafruddin]]>
<![CDATA[ Istinbath : Jurnal Hukum Vol 20 No 02 (2023): Istinbath : Jurnal Hukum ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Metro ]]>
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DOI: 10.32332/istinbath.v20i02.3157
<![CDATA[Cancellation or fasakh of marriage due to religious conversion is not included in the family cancellation of marriage as part of the competence of the Religious Courts, but it is implemented through divorce institutions, giving rise to disparities in decisions between fasakh, talak bain and talak raj'i permission. The author found two Supreme Court decisions that canceled and corrected the decisions of two High Religious Courts that canceled a marriage because it was proven that one of the husband and wife had a religious conversion. The Supreme Court is of the opinion that the permit to impose talak raj'i is more appropriate on the grounds according to the posita and petitum of the petition. The Supreme Court consistently applies this rule in its two decisions, but the author finds eleven decisions of the Religious Courts in the following years still impose fasakh if it is proven that one of the married couples is an apostate (out of Islam), even though it is not used as an excuse for divorce and is not requested by the party in the petitum. In this article, the author will examine the legal considerations of eleven Religious Court decisions using an explanatory method and presented qualitatively. The results of the author's study show that the judge's consideration is influenced by the judge's perception of the application of the ultra petita principle with the principle of ex aequo et bono, the judge's perception of the adjudication of fiqh schools and the judge's perception of the independence of judges and compliance with jurisdiction.]]>
