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Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab
Published by Universitas Islam Negeri Alauddin Makassar
ISSN : -     EISSN : 27750477     DOI : https://doi.org/10.24252/shautuna.v2i3
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
Shautuna: Jurnal Imiah Mahasiswa Perbandingan Mazhab adalah jurnal akademik yang telah menerbitkan karya ilmiah sejak tahun 2013. Jurnal ini diterbitkan oleh Program Studi Perbandingan Madzhab dan Hukum, Fakultas Syariah dan Hukum, UIN Alauddin Makassar. Jurnal ini disediakan untuk mahasiswa-mahasiswa yang berkecimpung dalam hukum Islam lebih khusus perbandingan mazhab dan hukum. Jurnal ini secara rutin terbit tiga kali setahun yakni pada Januari, Mei dan September.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 20 Documents
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Search results for , issue "VOLUME 5 ISSUE 3, SEPTEMBER 2024" : 20 Documents clear
Transformasi Hak Kekayaan Intelektual sebagai Objek Wakaf: Kajian Normatif dan Implementasi berdasarkan Prinsip Hukum Islam Widjaja, Abdi; Qalbi, Nur; Bakry, Muammar
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 3, SEPTEMBER 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i3.50033

Abstract

This study aims to analyze the transformation of intellectual property rights (IPR) as an object of waqf in the perspective of Islamic law, with a focus on normative studies and their implementation in contemporary practice. The main issue raised is the extent to which IPR, as an intangible asset, can be accepted within the framework of Islamic law as an object of waqf, as well as the challenges that arise in the implementation process. This study uses a qualitative method based on literature studies, with a normative approach to review the provisions of classical and modern Islamic law, as well as analysis of regulations related to waqf and IPR. The results of the study show that IPR meets the criteria of sharia as an object of waqf, especially in the framework of sharia maqasid which focuses on the protection of assets (hifzul maal) and the achievement of the benefits of the people. However, the implementation of IPR waqf still faces obstacles, such as the lack of specific regulations, limited public understanding, and obstacles in the management and distribution of its benefits. The implications of this study emphasize the importance of updating the waqf law to include IPR as one of the waqf assets, accompanied by strengthening the management capacity and synergy between religious institutions, the government, and the community. This transformation is expected to be able to expand waqf's contribution to science-based economic development and increase the sustainability of social benefits.
Pembuktian Serta Kualifikasi Unsur Pidana Terhadap Tindak Pidana Narkotika Jenis Tembakau Sintetis di Indonesia Buana, Andika Prawira; Ramadhan, Muhammad Fauzi; Suhra, Andi Amalia; Kaisar, Kaisar
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 3, SEPTEMBER 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i3.51940

Abstract

This study aims to analyze the process of evidence against the crime of narcotics synthetic Tobacco species regulated in Article 114 and Article 112 of law no. 35 Of 2009 On Narcotics. The research method used is normative legal research, which examines and interprets relevant legal regulations, legal documents, and legal doctrines in the context of evidence against synthetic tobacco narcotics crimes. This research is the latest research because there is no scientific work such as dissertation, thesis, thesis, national or International Journal that specifically discusses the evidence against synthetic Tobacco narcotics crimes under Article 114 and Article 112 of law no. 35 Of 2009 On Narcotics. The results showed that the legal qualification against synthetic Tobacco narcotics offense, as stipulated in Article 112 paragraph (2) and Article 114 paragraph (2) of law no. 35 of 2009 on narcotics, found a legal vacuum because synthetic tobacco is not clearly included in the classification of Narcotics Group I both derived from plants and non-plants, due to differences in sources, manufacturing processes, chemical composition, and effects on users. Regulations such as Kepmenkes No. 246 / Menkes/SK / 2017 on narcotics, ago guidelines No. 18 of 2021, and Perkap No. 6 of 2019 concerning the investigation of criminal offenses does not provide clarity regarding the classification of synthetic tobacco as Class I narcotics. In the aspect of criminal evidence against synthetic Tobacco narcotics, the evidence is carried out in a similar way to natural marijuana, which is a narcotic plant type i, where the entirety of synthetic tobacco is weighed, causing ambiguity in law enforcement.
Tinjauan Hukum Terhadap Pidana Mati dalam Perspektif Hak Asasi Manusia Putera, Airlangga; Jannah, Miftahul; Nasution, Hanry Setiawan
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 3, SEPTEMBER 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i3.51942

Abstract

This study aims to analyze the regulation of the death penalty in Indonesia and its implications for human rights. The method used in this study is library research with a normative approach and legal documentation. Regulations regarding the death penalty in Indonesia are regulated in the Criminal Code (KUHP) and in other sectoral laws. Based on statistical data and studies by criminologists, the death penalty is considered ineffective in reducing crime rates, because it does not provide a significant deterrent effect. On the other hand, the existence of the death penalty is considered contrary to the principles of human rights, especially the right to life. The right to life is a fundamental right guaranteed in various human rights instruments, such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the American Convention on Human Rights, Law Number 39 of 1999 on Human Rights, and the Charter of Fundamental Rights of the European Union. At the national level, the right to life is also constitutionally guaranteed in Article 28I paragraph (1) of the 1945 Constitution. In the perspective of Islamic law, the death penalty (qishash) was known before the advent of Islam and underwent reforms in its application in accordance with the principles of justice and protection of the soul. Therefore, the discourse on the sustainability of the death penalty in Indonesia needs to consider a comprehensive juridical, ethical, and theological approach.
Implementasi Perlindungan Hak Konsumen dalam Layanan Go-Food di Kota Makassar: Analisis Mazhab Fikih Haq, Muhammad Sabilil; Sabir, Muhammad
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 3, SEPTEMBER 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i3.49349

Abstract

This research discusses "Implementation of Consumer Rights Protection in Go-Food Services in Makassar City (Analysis of the Fikih Mazhab)" which presents two problem formulations, namely: First, How is consumer protection in the regulations contained in the food ordering policy through Go-Food services in Makassar City? Second, What are the views of the 4 Imam Mazhab Fikih on muamalah contracts and consumer protection in Go-Food services in Makassar City? The type of research used by the author in this thesis is empirical juridical legal research using qualitative and normative types of research. This research uses primary research data, namely interviews and observations and uses secondary data in the form of laws and regulations related to Consumer Rights Protection. Journals and other legal websites. The results of this study indicate that: First, Legal Protection of Consumer Rights on Go-Food services (Analysis of fiqh schools and law number 8 of 1999 concerning consumer protection) has been carried out properly in terms of procedures and regulations from Gojek, but in some cases the author has encountered that there are elements either from the driver or the restaurant that cooperates with Gojek but does not heed the regulations that Gojek has set. Second, the opinions of the mazhab scholars regarding the muamalah fikih of online buying and selling, especially in Go-Food transactions applied by Gojek, have been fully approved by the scholars if the transaction does not contain things that do not have certainty or (gharar) and fulfil the rules or Islamic law. The implications of this research, namely related to legal protection of consumer protection rights (analysis of fiqh madhhab and law number 8 of 1999 concerning consumer protection) Consumer rights according to scholars or imam madhhab who all agree on the protection of consumers to protect all the rights of all parties and because it is one of the principles of Islamic law.
Membangun Ketahanan Institusi Keluarga Muslim di Indonesia: Kajian Hukum Perkawinan Islam Menghadapi Tantangan Hegemoni Arus Globalisasi Chotban, Sippah
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 3, SEPTEMBER 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i3.55432

Abstract

The title of this research is "Building the Resilience of Family Institutions in Facing the Hegemony of Globalization Currents from the Perspective of Islamic Marriage Law in Indonesia". This research is library research with the type of data analysis being descriptive-qualitative. The research found that building family resilience amidst the hegemony of globalization is a necessity and a challenge that must be carried out. Moreover, there are also many cases that befall and threaten the resilience of families, both coming from within and from outside. Family resilience has a very important and strategic position in Islamic Marriage Law in Indonesia because family resilience is related to marriage and the purpose of marriage itself. Islamic Marriage Law in Indonesia has its own perspective in building family resilience amidst the hegemony of globalization. This research is expected to provide enriching references as well as scientific insight into Islamic law in answering various problems that often befall and threaten family resilience.
Seller Wanita di E-Commerce Live TikTok dalam Perspektif Hukum Islam Klasik dan Kontemporer Ratja, Andi Indy; Mustafa, Zulhasari; Laman, Ilham; Salsabila, Adinda Thalia
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 3, SEPTEMBER 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i3.47594

Abstract

The study aims to investigate more deeply the behavior of female sellers on TikTok, especially in terms of communication ethics violations, sensitive product marketing, and excessive dress and makeup practices. The research methods used are library research and primary and secondary data collection. In looking at the reality of female sellers' behavior on TikTok, this study highlights how important it is to pay attention to ethics in online marketing, not only to maintain the seller's reputation and image, but also to maintain the prevailing social norms. Clothing not only serves as an identity and distinguishes between individuals, but also as a means to protect the honor of a Muslim woman from indecent behavior from men who may try to harass them. This phenomenon provides an interesting background for researchers, especially with the presence of many female sellers who sell through live broadcasts on the TikTok application which is contrary to the principles of Islamic law. The results of the study show that there are differences in the views of scholars on the behavior of women sellers in the context of religion. Although there are some scholars who allow strict clothing in Islam, practices in the field often go beyond ethical and religious boundaries. Therefore, a deeper understanding of religious teachings is needed, not only for sellers, but also for the general public involved in online interactions, to ensure that their behavior is in accordance with religious values. The importance of better religious education is also highlighted in guiding online behavior to be in accordance with religious values.
Analisis Fikih Kontemporer dan Undang-Undang Agraria terhadap Penyelesaian Konflik Sengketa Tanah di Kabupaten Bulukumba Fitri, Sakinah; Mustari, Abdillah; Kurniati, Kurniati
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 3, SEPTEMBER 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i3.48109

Abstract

This research presents three problem formulation items, namely: First, what are the dynamics of land dispute conflicts between PT. Lonsum and the Community in Tamatto Village, Ujungloe District, Bulukumba Regency? Second, how can contemporary fiqh approaches be applied in resolving land disputes between PT. Lonsum and the Tamatto Village Community? Third, how is the implementation of Agrarian law in resolving land disputes between PT. Lonsum and the Community of Tamatto Village, Ujungloe District, Bulukumba Regency? This research is a qualitative study that uses two data collection methods. First, through primary approaches such as observation, interviews and documentation. Second, using a secondary approach such as library research through books, journals, theses, annual reports and internet sites that are relevant to the research topic. The results of this research illustrate two main things: First, the dynamics of land dispute conflicts began when PT. Lonsum widened land that was not included in its Cultivation Rights land, so the widening caused the community to sue the company, but in suing the community, they did not have a land certificate for the land they claimed, so the land dispute has not yet been resolved. Second, the Contemporary Jurisprudence Approach is applied using wasatiyyah (the principle of balance) by finding solutions without taking sides against one party and respecting the interests of both parties by applying the concept of justice and trying to reconcile both parties. Third, non-litigation settlement of agrarian laws (outside of court), through mediation, in this case the government mediates, facilitates and brings together the two parties. In this meeting, there was a bright spot/solution that was applied to the dispute that occurred. Effective communication is the main key in resolving conflict. By communicating well, it is hoped that the best solution will be found. The government has a role as a mediator between companies and society in this matter. It is important for the government to be fair and neutral without taking sides with one party. Resolving this conflict requires the government to take firm steps that are balanced between both parties.
Integrasi Hukum Islam dan Hukum Positif dalam Pemanfaatan dan Pengelolaan Rumput Laut di Kabupaten Bulukumba Amanda, Serli; Safriani, Andi; Kahfi, Ashabul
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 3, SEPTEMBER 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i3.48592

Abstract

This research presents two problem formulation items, namely: First, How is the role of the local government in the utilisation and management of seaweed in Bonto Bahari sub-district, Bulukumba regency? Second, How is the difference between the views of Islamic Law and Law No. 1 of 2014 in the context of management and utilisation of seaweed in Bonto Bahari sub-district? This type of research is a qualitative research method using two data collection methods, namely primary which is through observation, interviews, and documentation and secondly secondary, namely literature review through books, thesis journals, research reports and internet sites related to the author's title. The results of this study show two main things, namely: The role of the Government in the utilisation and management of seaweed in Bonto Bahari Subdistrict has been successfully implemented properly, namely first informing the community regarding the limits of seaweed distribution and the community who wants to manage the grass first notifying the location request to the government in order to obtain maximum seaweed yields. Secondly, Islamic teachings teach humans to utilise natural resources, especially marine resources, properly and wisely as explained in (Q.S An-Nahl Verse 14). Meanwhile, Law No. 1 of 2014 concerning seaweed management explains the management and utilisation of seaweed. Research Implications, It is hoped that the government will pay more attention to the level of community enthusiasm by encouraging the development of small and medium enterprises by developing existing resources and it is hoped that related agencies will pay more attention to MSMEs to manage processed seaweed into food, cosmetics, and others. With this, it can make the community's economy increase, because they can manage their seafood not only until the raw sales process but make high-value products that are easily marketed.
Implementasi Akad Muzara'ah dalam Pertanian Bawang Merah di Kabupaten Enrekang Lasri, Nurannisa; Amir, Rahma; Qayum, Abdul Rahman
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 3, SEPTEMBER 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i3.49843

Abstract

The main problem of this research is how the Implementation of Muzara'ah Akad on Shallot Farmers with Landowners in Tomenawa Village, Baraka District, Enrekang Regency (Urf Analysis). This problem is then broken down into sub-problems, namely How is the Muzara'ah Akad Process on Shallot Farmers with Landowners in Tomenawa Village, Baraka District, Enrekang Regency? and How is the Role of Landowners with Cultivators in Supporting the Community Economy in Tomenawa Village, Baraka District, Enrekang Regency? This type of research is qualitative descriptive research with a legal sociology approach. The data sources in this research are primary data as many as 5 sources namely Mr. Najamuddin, Mr. Sainuddin, Mr. Ardi, Mr. Agung, and Mr. Yusran. The data collection techniques used are interviews, observation and documentation. The results showed that the process of the muzara'ah contract on shallot farmers in Tomenawa Village, Baraka Subdistrict, Enrekang Regency carried out between the landowner and the farmer is that the landowner hands over his land to the farmer to be cared for and maintained then gets a share of the shallot land according to the agreement at the beginning of the contract. Then the role of landowners with tenant farmers in supporting the community's economy is that landowners provide land resources for agriculture, while tenant farmers use their skills and energy to manage agricultural land. Both contribute to the production of food and agricultural commodities, create jobs, and increase the income and welfare of people in agricultural areas. The implication of this research is that as information to the local government, it can be followed up with various regional policies in price stability, especially the price of drugs such as KCL, ZA, and urea which are expensive compared to the results obtained by farmers in shallot farming. For the community in the muzara'ah contract, a cooperation agreement should be made in writing, because if there are deviations in the future, it can be resolved with clear evidence.
Perlindungan Hukum terhadap Anak Korban Eksploitasi Ekonomi di Kota Makassar: Telaah Undang-Undang Perlindungan Anak dan Hukum Islam Ismail, Khumaerah; Syamsuddin, Rahman; Irfan, Irfan
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 3, SEPTEMBER 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i3.50357

Abstract

This study aims to examine the forms of child exploitation that occur in Makassar City, an analysis of regulations in Law Number 35 of 2014, as well as the views of Islamic law on the protection of child victims of exploitation. The method used is qualitative with data collection techniques through interviews, observations, documentation, and literature studies. The results of the study show that forms of child exploitation in Makassar include buskers, beggars, street vendors, and children in costumes. The main driving factor is economic problems. Many families depend on their children's activities on the street for their livelihoods. The government, through the social service, seeks to minimize this phenomenon with monthly assistance to poor families. Regulatively, Article 76I Jo Article 88 of Law No. 35 of 2014 prohibits economic and sexual exploitation of children, with a maximum penalty of 10 years in prison and/or a fine of up to Rp200 million. However, many cases do not proceed to legal proceedings due to a lack of evidence. Therefore, the restorative justice approach is considered more effective. In an Islamic perspective, child exploitation is contrary to the principles of Maqasid al-Sharia, which emphasizes the importance of safeguarding and protecting future generations. MUI Fatwa Number 1 of 2021 also emphasizes that the practice of begging involving children is classified as exploitation and unlawful. The implications of this study emphasize the importance of the role of the community and the government in increasing public awareness through education, seminars, social media campaigns, and stricter law enforcement for the protection of children's rights.

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