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M. Ikhwan
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INDONESIA
MAQASIDI
Published by Sekolah Tinggi Agama Islam Negeri Teungku Dirundeng Meulaboh
ISSN : 2798981X     EISSN : 27989801     DOI : https://doi.org/10.47498/maqasidi
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
MAQASIDI: Jurnal Syariah dan Hukum memuat tentang kajian syariah dan hukum dari hasil penelitian kepustakaan maupun lapangan yang dihasilakan oleh akademisi, praktisi, dan masyarakat umum.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 15 Documents
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Search results for , issue "Vol. 4, No. 2 (Desember 2024)" : 15 Documents clear
The Involvement of State Officials in the 2024 Election Campaign Reviewed from the Siyasah Dusturiyah Perspective Marina, Marina; Suganda, Delfi; Reza, T. Surya
MAQASIDI: Jurnal Syariah dan Hukum Vol. 4, No. 2 (Desember 2024)
Publisher : MAQASIDI: Jurnal Syariah dan Hukum published by the Islamic Criminal Law Program of the Sharia and Islamic Economics Department at the Sekolah Tinggi Agama Islam Negeri Teungku Dirundeng Meulaboh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47498/maqasidi.v4i2.3694

Abstract

Elections are a democratic activity where every citizen has the right to directly elect leaders, people's representatives, and government officials for future leadership in a country. Apart from that, elections also become a stage for political contestation and become a democratic party in a democratic country. However, during the election, there were still many violations of the rules committed by several people. One of the rules that is often violated in organizing elections is during the campaign. This violation took the form of involvement of state officials in carrying out the campaign. In the 2024 Election, precisely during the campaign process, there are state officials who take part in the campaign, the state official who participates in the campaign is the Minister of Trade of the Republic of Indonesia. Basically, state officials are allowed to campaign but must fulfill several provisions, one of which is taking leave outside the state's responsibility and not being able to use state facilities other than accompanying the state official. However, the Minister of Trade of the Republic of Indonesia carried out a campaign outside the leave period that he had proposed. So his involvement in the campaign violated election administration. However, it is a shame that he did not receive strict sanctions from Bawaslu, as stipulated in the law, but the Minister of Trade of the Republic of Indonesia only received a strong warning from Bawaslu. This has also been prohibited in Siyasah dusturiyah, this is the same as not carrying out the mandate and abusing the authority that has been given.
Gender Equality in Article 1 of the Universal Declaration of Human Rights: An Islamic Law Perspective Jalaludin, Diding; Arifin, Tajul; Fauzia, Ine
MAQASIDI: Jurnal Syariah dan Hukum Vol. 4, No. 2 (Desember 2024)
Publisher : MAQASIDI: Jurnal Syariah dan Hukum published by the Islamic Criminal Law Program of the Sharia and Islamic Economics Department at the Sekolah Tinggi Agama Islam Negeri Teungku Dirundeng Meulaboh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47498/maqasidi.v4i2.3870

Abstract

This study aims to determine the relevance of Article 1 of The Universal Declaration of Human Rights which guarantees freedom, dignity and equal rights between human individuals from the perspective of Islamic Law which came with the vision of rahmatan lil 'alamin through the Prophet Muhammad Shallahu 'Alaihi Wasallam. The method used in this research uses a descriptive analysis method with a normative juridical approach and uses qualitative data types in the form of secondary data consisting of primary, secondary, and tertiary legal materials with data collection techniques through literature studies and content analysis techniques. This research concludes that there is a significant relevance where Islamic Law greatly strengthens and provides hujjah to the clause of gender equality position between individuals that has been formulated in Article 1 of The Universal Declaration of Human Rights. So the existence of several differences in concepts between men and women in the perspective of Islamic Law is not a discrimination against certain genders, the existence of these differences has placed each gender in a noble position based on its characteristics as conceptualized by Islamic law.
The Maqashid Sharia Perspective on Women's Involvement in Supporting Family Livelihoods in Jantho City Sabil, Jabbar; Fazira, Nisa
MAQASIDI: Jurnal Syariah dan Hukum Vol. 4, No. 2 (Desember 2024)
Publisher : MAQASIDI: Jurnal Syariah dan Hukum published by the Islamic Criminal Law Program of the Sharia and Islamic Economics Department at the Sekolah Tinggi Agama Islam Negeri Teungku Dirundeng Meulaboh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47498/maqasidi.v4i2.4116

Abstract

Employing women outside the home to meet the needs of the family can provide benefits, but it can also cause mafsadat to the family and the woman herself, both in the context of maintaining religion (hifz al-din) and maintaining the soul (hifz al-nafs). The benefits are private so they tend to be subjective, while the mafsadat that is possible to arise is public so that it can be objectified intersubjectively. This requires the ability to weigh the potential of mafsadat based on the conditions and situations experienced. This is the reason why research with problem formulation is important; The criteria for maslahat-mafsadat in women's involvement in fulfilling family support. The researcher combines descriptive social research methods with prescriptive legal research methods through a method called al-ijtihad al-maqashidi. It was found that there were various benefits including those at the primary level, and there were efforts from respondents to minimize the effects of mafsadat. It was also found that the social system at Jantho Market is still within the boundaries of manners and there is no quiet place that has the potential for khalwat to occur. In addition, female traders do not do activities at night to avoid a time when crime is vulnerable. This research concluded that the activities of women traders in Jantho Market have been in line with the rules of maqashidiyyah. However, mutual awareness and cooperation are needed to anticipate the potential of mafsadat.
Juridical Review of KPU Regulation Number 10 of 2023 on Women's Representation in Parliament Sari, Indah Permata; Melayu, Hasnul Arifin; Usman, Bustamam
MAQASIDI: Jurnal Syariah dan Hukum Vol. 4, No. 2 (Desember 2024)
Publisher : MAQASIDI: Jurnal Syariah dan Hukum published by the Islamic Criminal Law Program of the Sharia and Islamic Economics Department at the Sekolah Tinggi Agama Islam Negeri Teungku Dirundeng Meulaboh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47498/maqasidi.v4i2.4223

Abstract

Women's representation in Indonesian politics is part of the journey of democracy and the protection of minority interests. The KPU, as the institution responsible for organizing elections, some time ago the KPU issued a new regulation on women's representation contained in PKPU No. 10 of 2023 concerning Women's Representation, which regulates the mechanism for rounding fractional numbers so that it can reduce women's representation if the calculation results are less than 50%. This is contrary to the Election Law, which requires at least 30% female representation. This KPU regulation creates uncertainty and the potential for a reduction in the number of women, which can be detrimental to women's rights. This study analyzes the position of PKPU No. 10 of 2023 concerning Law No. 7 of 2017 and the perspective of siyasah dusturiyah; Regulations made by the authorized institutions emphasize that lower regulations must be subject to higher regulations and must prioritize the interests of the people. This article is based on articles and regulations governing women's representation. This research is qualitative research with a normative juridical approach, to facilitate data search as literature research through laws, journals, legal dictionaries, and others. As a result of this study, it can be concluded that PKPU No. 10 of 2023 is contrary to Law No. 7 of 2017 and should be revoked to ensure that women's rights are fulfilled under the principles of justice and equality in politics.
Consumer Legal Protection Against Developer Defaults in Binding Agreements for the Sale and Purchase of Flats Rabiatun Ramadani, Faizzah; Suraji, Suraji; Kharisma, Dona Budi
MAQASIDI: Jurnal Syariah dan Hukum Vol. 4, No. 2 (Desember 2024)
Publisher : MAQASIDI: Jurnal Syariah dan Hukum published by the Islamic Criminal Law Program of the Sharia and Islamic Economics Department at the Sekolah Tinggi Agama Islam Negeri Teungku Dirundeng Meulaboh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47498/maqasidi.v4i2.4231

Abstract

This study discusses consumer legal protection against developer defaults in the binding agreement for the sale and purchase of flats (PPJB). The increase in housing development, especially through the pre-project selling system, often harms consumers due to uncertainty and default from developers. The research method used is a literature study, with a legal approach and a case approach. Analysis was carried out on Decision Number 91/PDT/2018/PT. Jakarta to assess the legal protection provided to consumers. The results of the study show that regulations, including Law Number 11 of 2011 concerning Flats, provide a strong legal basis for consumers to demand their rights. Consistent law enforcement in default cases creates a precedent that strengthens the position of consumers, increases public trust in the legal system, and creates a conducive environment for flats buying and selling transactions.

Page 2 of 2 | Total Record : 15

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