Journal of Law, Society, and Islamic Civilization
The scope of the articles published in JoLSIC deal with a broad range of topics in the fields of law in general, but the main focus are in the Customary Law and Islamic Law provisions. The purpose of this journal is to promote research and studies on the topic of Islamic Law and Customary Law. JoLSIC provides a forum for academic researchers including students, as well as for practitioners of open legal publishing. Central topics of concern included, but not limited to a) Integration of Customary Law and Islamic Law b) Development of Islamic Law and Customaty Law c) Existance of Customary Law d) Islamic Economy Law Influnce e) Legal Pluralism f) Technical Challenges Faced in Corporating Islamic Law and Customary Law The Editorial Board invites the submission of essays, topical article, comments, critical reviews, which will be evaluated by an independent committee of referees on the basis of their quality of scholarship, originality, and contribution to reshaping legal views and perspectives.
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<![CDATA[KEDUDUKAN HUKUM PERKAWINAN ADAT DI DALAM SISTEM HUKUM PERKAWINAN NASIONAL MENURUT UU NO. 1 TAHUN 1974 ]]>
<![CDATA[Elsaninta Sembiring]]>;
<![CDATA[Vanny Christina]]>
<![CDATA[ Journal of Law, Society, and Islamic Civilization Vol 2, No 2: Oktober 2014 ]]>
Publisher : <![CDATA[Universitas Sebelas Maret ]]>
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DOI: 10.20961/jolsic.v2i2.50254
<![CDATA[Marriage is a natural human behavior. Humans were born, growing, mature , working , making a families and produce offspring. So marriage is a phase that will be experienced by people in general . Marriage occurs when two people of different sexes , that men and women are mutually bind themselves to live a life together in one household as husband and wife. Indonesia, which has a rich nation with diverse ethnic , cultural customs and led to the diversity of the Marriage Law is also based on the customs of each tribe are spread throughout Indonesia. Before having a national marriage law, Indonesia has had various legal rules pluralistic marriage . Birth of Law No. 1 of 1974 as a national marriage law unification bembawa certainly impact the Customary Marriage Law in Indonesia . Thus the authors will try to assess how the position of customary marriage law in the system according to the National Marriage Law Act Number 1 of 1974 .]]>
<![CDATA[PERTIMBANGAN HAKIM DALAM MENGABULKAN PERMOHONAN POLIGAMI DI PENGADILAN AGAMA SURAKARTA (STUDI KASUS PUTUSAN NOMOR : 0373/PDT.G/2013/PA.SKA.) ]]>
<![CDATA[Eva Nur Aryati]]>;
<![CDATA[Muhammad Mukti Ali]]>
<![CDATA[ Journal of Law, Society, and Islamic Civilization Vol 2, No 2: Oktober 2014 ]]>
Publisher : <![CDATA[Universitas Sebelas Maret ]]>
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DOI: 10.20961/jolsic.v2i2.50255
<![CDATA[This research aims to find out the reasoning of judges in decided the matter of polygamy in Surakarta Religious Court. This research includes normative research type which are prescriptive. The data of this research includes primary data and secondary data. Secondary data is the main data in this research. To collect secondary data used with literature study or documents study. Analytical techniques used are qualitative. The basic of this analysis is deductive, ways of drawing conclusions from things that are common to the direction of the things that are specific. Based on this research, can be concluded that the judge set aside the Article 4 paragraph (2) of Law Number 1 of 1974 which is the legal basis of facultative requirement in the case of polygamy. Judges apply the Article 5 paragraph (1) of Law Number 1 of 1974 as a cumulative requirement and using the benefit principle to accept the application of poligamy.]]>
<![CDATA[IMPLEMENTASI UNDANG-UNDANG NOMOR 23 TAHUN 2011 TENTANG PENGELOLAAN ZAKAT DALAM UPAYA MENGENTASKAN KEMISKINAN (KAJIAN TERHADAP MEKANISME DAN KINERJA LEMBAGA BADAN PENGELOLA ZAKAT DI KOTA SURAKARTA) ]]>
<![CDATA[Mohammad Adnan]]>;
<![CDATA[Zeni Lutfiyah]]>;
<![CDATA[Agus Rianto]]>
<![CDATA[ Journal of Law, Society, and Islamic Civilization Vol 2, No 2: Oktober 2014 ]]>
Publisher : <![CDATA[Universitas Sebelas Maret ]]>
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DOI: 10.20961/jolsic.v2i2.50249
<![CDATA[The existence of zakat institutions, there are Badan Amil Zakat Nasional (BAZNAS) and Lembaga Amil Zakat (LAZ), is one of the positive response of the government in implementation of zakat management in Indonesia.This research is an empiric research. The location of this research is in BAZNAS Surakarta, Solo Peduli Ummat Foundation and Lazis UNS. This research talks about the mechanism of zakat management in Surakarta starts with collecting until distributing, then about the charitable organizations programs and also about the relation between the organizations performance with the policy of Surakarta City Government in order to reducing poverty.The result of the research and the study show that there are variation and innovation in managing zakat from the zakat institutions in Surakarta start with collecting until distributing. Then the relation between the performance of Surakarta City Government and charitable organizations is very low. It is showed with there is no coordination from both of them that make no synergy of the programs in order to reducing poverty. It is only a few special programs from zakat institutions in order to reducing poverty in Surakarta for example is provision of capital. The use of funds is dominated by charity program or consumptive programs.]]>
<![CDATA[KEDUDUKAN WANITA SUKU BATAK TOBA YANG MELAKUKAN PERKAWINAN DENGAN PRIA SUKU DILUAR SUKU BATAK TOBA DALAM HUKUM ADAT BATAK TOBA ]]>
<![CDATA[Relinda Meisa]]>;
<![CDATA[Ririn Putri]]>
<![CDATA[ Journal of Law, Society, and Islamic Civilization Vol 2, No 2: Oktober 2014 ]]>
Publisher : <![CDATA[Universitas Sebelas Maret ]]>
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DOI: 10.20961/jolsic.v2i2.50256
<![CDATA[This research aimed at women of a tribe to know it was toba who performs marriage outside of the tribe was with a guy tribe of toba in customary law was toba as well as a result of the marriage law.This research using research law normative.A kind of law a covering material law the primary and secondary material law.Legal material collected by looking for a study document then analyzed in deductively syllogism.A woman in the toba batak is aligned with men.Equality in terms of heirship and in performing legal action.In performing mating by male batak, outside of the tribe can inflict gord law.Marriage performed batak not a woman to man batak means she citizenry batak, removing custom because man from the outside cannot be batak continuer offspring batak.Mating with men outside the citizenry batak can eliminate customs batak but not eliminate the family woman with his family.Besides the child marriage is entered in customs tribe of her husband.The child is not entitled to the genera batak existing in her mother.But if the man, given genera hence the genera can be passed on to offspring.In it, heirship no effect because basically women have no inheritance.But also can be granted to a woman in compliance with agreement.]]>
<![CDATA[PERKAWINAN BAWAH TANGAN (ANAK LUAR KAWIN) MENURUT HUKUM ISLAM ]]>
<![CDATA[Noor Arini Haq]]>;
<![CDATA[Rosikhoh Umdatul Ulya]]>
<![CDATA[ Journal of Law, Society, and Islamic Civilization Vol 2, No 2: Oktober 2014 ]]>
Publisher : <![CDATA[Universitas Sebelas Maret ]]>
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DOI: 10.20961/jolsic.v2i2.50250
<![CDATA[Islamic law had different views with positive law in terms of the definition lawful marriage. In islamic law, marriage said to be valid if has qualified and made it so pillars, so there are no additional terms as set forth in positive law (Act No. 1 of 1974 about marriage), as the marriage valid if the set that has been noted to the Institution of marriage Registrar. Difference in this view then impacted the setting will be the “nasab” (relationship) to the mating with her parents, and heir on the rights of the child marriage. Islamic law stipulates that children outside of marriage not only has “nasab” by her mother and her mother's family. The child is also not entitled to obtain the right heir of his father. Nevertheless, based on the ruling of the Constitutional Court No. 46/PUU-VIII/2010 children outside marriage can still obtain his rights along can be proven through medical and medical apparatus that dad in question is indeed his biological father realilty is.]]>
<![CDATA[ANALISIS HAK PENCABUTAN KEMBALI ATAS HIBAH YANG TELAH DIBERIKAN ORANGTUA KEPADA ANAK DALAM HUKUM ISLAM (KAJIAN ATAS PUTUSAN MAHKAMAH AGUNG NOMOR : 78K/AG/ 2012) ]]>
<![CDATA[Nurul Bisyarati]]>;
<![CDATA[Agus Rianto]]>
<![CDATA[ Journal of Law, Society, and Islamic Civilization Vol 2, No 2: Oktober 2014 ]]>
Publisher : <![CDATA[Universitas Sebelas Maret ]]>
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DOI: 10.20961/jolsic.v2i2.50257
<![CDATA[This research aimed to find out how the law of gift withdrawal was according to Islamic heir law and the judge’s rationale in deciding the Supeme Court’s verdict Number 78K/AG/2012 about gift (hibah). This study was a normative law research that was prescriptive and applied in nature, using case approazh to the case of right ti withdraw the gift that has been given by the parents to child in Islamic Law. This study employed primary and secondary law materials. The technique of collecting law material employed was library study. The law material analysis was conducted using deductive method by explaining general item and then the particularly one, so that finally a conclusion could be drawn. In this study, the major premise was Islamic rule of law (Islamic Law Compilation), while the minor one was the Supreme Court’s verdict Number 78K/AG/2012. From the two premises, a conclusion could be drawn.Considering the result of research and discussion, it could be concluded that the law of gift withdrawal according to Islamic heir law was not been allowed expect for the gift from parents to their child. The article 212 of Islamic Law Compilasion mentioned that the parent’s gift to child could be withdrawn. The appealer could not show the judex factie guilt in applying the law. Thus, the Supreme Court’s deliberation could be justified, because the Judge had legal rationale or ratio decidendi that was juridical and non juridical in nature, that met the provisions of Law.]]>
<![CDATA[ANALISIS YURIDIS PENGAKUAN KEBERADAAN MASYARAKAT HUKUM ADAT DALAM UNDANG-UNDANG NOMOR 20 TAHUN 2003 TENTANG SISTEM PENDIDIKAN NASIONAL ]]>
<![CDATA[Regita Kurnia Hapsari]]>
<![CDATA[ Journal of Law, Society, and Islamic Civilization Vol 2, No 2: Oktober 2014 ]]>
Publisher : <![CDATA[Universitas Sebelas Maret ]]>
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DOI: 10.20961/jolsic.v2i2.50252
<![CDATA[This research was conducted to obtain an overview of the legal recognition of indigenous peoples in the presence of Law Number 20 of 2003 on the National Education System. The Law materials are Law Number 20 of 2003 on the National Education System and some publications are assembled with national education system. Legal materials collected through document study further analyzed and interpreted into text that is the result of the analysis of the author. Discussion of the results showed education to guarantee the existence of indigenous communities as a form of restriction. Chapter after chapter in the Law Number 20 of 2003 on National Education System which contain customary communities ensure education for indigenous and tribal peoples, but his form is not flexible precisely because everything must not be contrary to the principle of state.]]>
<![CDATA[PROBLEMATIKA HUKUM PENJUALAN KEMBALI ASET YANG BELUM LUNAS PEMBAYARANNYA DALAM PEMBIAYAAN MURABAHAH ]]>
<![CDATA[Luthfiyah Trini Hastuti]]>;
<![CDATA[Samirah Samirah]]>
<![CDATA[ Journal of Law, Society, and Islamic Civilization Vol 2, No 2: Oktober 2014 ]]>
Publisher : <![CDATA[Universitas Sebelas Maret ]]>
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DOI: 10.20961/jolsic.v2i2.50258
<![CDATA[This study aims to describe and examine two issues. Firstly, how the murabaha financing in Bank Muamalat Surakarta is. Secondly, how the legal status of the sale of assets that haven’t paid back yet in murabaha financing is.The research method used is a case study with a qualitative-descriptive approach. The scope is limited research focusing on the murabaha financing mechanisms as well as the legal status of the sale of assets that haven’t paid back yet in murabaha financing at Bank Muamalat Surakarta. Types and sources of data are using primary data and secondary data. Primary data contains the result of interviews with Bank Muamalat Surakarta, while secondary data was obtained from books, the internet, financial reports, and other sources.The results of this research is the occurance of murabaha financing which are divided into 3 parts. First of all, the process of submission financing reques, financing analysis process which consist of data collection, guarantee analysis that checks the validation of the guarantee, data verification juridical analysis which is the cheking validation of costumers credibility, and then performs the contract in front of the notary, and the financing process is a process for the disbursement and deposit guarantees. The inclusion of wakalah contract in murabaha in Bank Muamalat Surakarta is inappropriate with fatwa Dewan Syariah Majeleis Ulama Indonesia No.4/DSN-MUI/IV/2000 and Bank Indonesia Regulation No. 7/46/ PB / 2005 due to a wakalah contract made after murabaha contract was.Legal status of the sale of assets that haven’t paid back yet in murabaha financing at Bank Muamalat Surakarta is invalid when the client does not report, and immediately pay off early because there’s specific agreements has been made by the Bank Muamalat Surakarta with the client.]]>
<![CDATA[LEGAL DRAFTING PERDES BAGI BADAN PERMUSYWARATAN DESA (BPD) CANGKOL DAN KRAGILAN ]]>
<![CDATA[Mulyanto Mulyanto]]>;
<![CDATA[Bambang Joko Sudibyo]]>
<![CDATA[ Journal of Law, Society, and Islamic Civilization Vol 2, No 2: Oktober 2014 ]]>
Publisher : <![CDATA[Universitas Sebelas Maret ]]>
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DOI: 10.20961/jolsic.v2i2.50253
<![CDATA[The purpose of community service is to improve the understanding and competence of the members of the BPD Cangkol and BPD Kragilan, MojoKragilan district, Sukoharjo village as the legislature in order to construct a village regulation especially their main duty formulation editorial article by article in the Regulation of the village according to the concept of legal drafting drafting legal products villages. In addition, to enhance their knowledge and skills in using information technology to facilitate records management regulations village. Method of implementation activities through legal drafting practice to dissect the anatomy of the village in particular Regulation formulation technique editorial article by article.]]>
<![CDATA[PARADOKS GLOBALISASI SEBAGAI TEGANGAN ABADI UNIVERSALISME DAN RELATIVISME BUDAYA HAK ASASI MANUSIA DALAM PRESPEKTIF ANTROPOLOGI ]]>
<![CDATA[Luna Brillyant Ensebu]]>;
<![CDATA[Dina Fitra Amalia]]>
<![CDATA[ Journal of Law, Society, and Islamic Civilization Vol 2, No 2: Oktober 2014 ]]>
Publisher : <![CDATA[Universitas Sebelas Maret ]]>
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DOI: 10.20961/jolsic.v2i2.50259
<![CDATA[The application of human rights on a national scale, namely universalism and cultural relativism. On the one hand, universalism stated that there will be more culturally "primitive" that eventually evolved to the legal system and then have the same rights with Western culture. Cultural relativism on the other hand, say the opposite, namely that of a traditional culture can not be changed. Along with the advent of globalization is the spread of values, concepts, and laws from around the world to various parts of the world. Finally, globalization produces the paradox that one of the reasons the tensions between universalism and cultural relativism. Starting from the basic words of human rights in the minds of the followers of universalism as overcoming dimensions of space and time and then got skepticism by cultural relativists against improper human words with human words related to the complexity of the cultural uniqueness of the local culture which is the study of anthropology . Thus the authors will try to present Eternal Paradox of Globalization as Universalism and Relativism Voltage Cultural Dimensions of Human Rights in Anthropology.]]>
