cover
Contact Name
M. Ali Rusdi
Contact Email
malirusdi@iainpare.ac.id
Phone
+6285257099481
Journal Mail Official
diktum@iainpare.ac.id
Editorial Address
Jl. Amal Bakti 08 Soreang Parepare IAIN Parepare 91132, Kota Parepare Sulawesi Selatan Indonesia
Location
Kota pare pare,
Sulawesi selatan
INDONESIA
DIKTUM: JURNAL SYARIAH DAN HUKUM
ISSN : 16931777     EISSN : 25488414     DOI : https://doi.org/10.35905/diktum
Core Subject : Humanities, Social,
Family in Law, Islamic Law, Islamic Jurisprudence Studies, Islamic Economy Law, Islamic Political Jurisprudence, Islamic Comparative Law and Islamic Astronomy.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 296 Documents
Wasiat Wajibah Bagi Ahli Waris Beda Agama (Analisis Terhadap Putusan Mahkamah Agung Nomor: 368K/AG/1995) iin mutmainah; Muhammad Sabir
DIKTUM: Jurnal Syariah dan Hukum Vol 17 No 2 (2019): DIKTUM: JURNAL SYARIAH DAN HUKUM
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (416.451 KB) | DOI: 10.35905/diktum.v17i2.818

Abstract

This study discusses about the testament wajibah to differently religious heirs (an Analysis of Supreme Court decision number: 368 K/AG/1995). The purpose of this study are to know about the principle of inheritance under islamic law, and to understand the status of testament to differently religious heirs , and to analyze the constitute of consideration and the legal basis used in deciding the rights of differently religious heirs. The result show that the testament wajibah given to differently religious heirs become a problem because of the status of differently religion, these heirs cannot get inheritance rights. Through the decision of supreme court, judge ruled that differently religious heirs have the right to get inheritance with some consideration. Although there is no rule on testament wajibah to differently religious heirs, the judge have succeeded in ijtihad, finding and exploring the value of existing law. This decree shows that the judges actually carry out duties as a legislator who receive, examine, and decide cases such a new through benefit consideration based on the Qur’an and Hadith
EKSISTENSI FUNGSI PENGAWASAN DPRD TERHADAP PENGELOLAAN APBD KOTA PAREPARE Badruzz aman; Alfiansyah Anwar
DIKTUM: Jurnal Syariah dan Hukum Vol 17 No 2 (2019): DIKTUM: JURNAL SYARIAH DAN HUKUM
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (648.572 KB) | DOI: 10.35905/diktum.v17i2.819

Abstract

The data in this study are primary data obtained from questionnaires distributed directly to respondents. Data collected from only 28 respondents consisted of members of the DPRD, Regional Government and community leaders in the City of Parepare.The results of this study indicate that, first, the functioning of the DPRD's oversight for the 2014 period. 2019 on the management of the 2016 APBD in the City of Parepare can be categorized as efficient. Because of the educational support and knowledge of the members of the Parepare City DPRD. From the level of experience and background of the organization Members of the Parepare City DPRD have provided support because the average member of the DPRD City of Parepare is experienced in organizing. Judging from the public response to the implementation of the oversight function of DPRD members on the management of the Regional Budget in Paepare City, the response was quite good, because in general, the level of public trust in Parepare City DPRD members was relatively high.
A, The LEGAL ANALYSIS OF LEGITIME PORTIE FOR CHILDREN IN INSIDE AND OUTSIDE LEGITIMATE MARRIAGE IN CIVIL CODE (BURGERLIJK WETBOEK) Prasasti Dyah Nugraheni
DIKTUM: Jurnal Syariah dan Hukum Vol 17 No 2 (2019): DIKTUM: JURNAL SYARIAH DAN HUKUM
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (268.492 KB)

Abstract

The inheritance law in a Civil Code (Burgerlijk Wetboek) is one part of a civil law that has the basic nature of regulating something and there is no element of coercion in the inheritance law. Because this inheritance law is one part of a civil law that has the basic nature of regulating, then in this inheritance law there are rules governing an heir to his assets as long as an heir is still alive. To obtain an inheritance, it can be done in two ways, which include obtaining an inheritance based on the law and obtaining an inheritance based on a will (ad testamento). To obtain an inheritance based on the law, then there must be an absolute part (legitime portie) of an inheritance, namely the existence of an absolute part that is used to protect an inheritance from the actions of an heir who can make a will (ad testamento) which deviates from an absolute part (legitime portie). Keywords: Legitime portie, absolute part, heirs, children The inheritance law in a Civil Code (Burgerlijk Wetboek) is one part of a civil law that has the basic nature of regulating something and there is no element of coercion in the inheritance law. Because this inheritance law is one part of a civil law that has the basic nature of regulating, then in this inheritance law there are rules governing an heir to his assets as long as an heir is still alive. To obtain an inheritance, it can be done in two ways, which include obtaining an inheritance based on the law and obtaining an inheritance based on a will (ad testamento). To obtain an inheritance based on the law, then there must be an absolute part (legitime portie) of an inheritance, namely the existence of an absolute part that is used to protect an inheritance from the actions of an heir who can make a will (ad testamento) which deviates from an absolute part (legitime portie).
AKOMODASI ‘URF TERHADAP UPAYA PRIBUMISASI FIKIH MU’ÂMALÂT DI INDONESIA Akmal Bashori
DIKTUM: Jurnal Syariah dan Hukum Vol 17 No 2 (2019): DIKTUM: JURNAL SYARIAH DAN HUKUM
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (359.08 KB) | DOI: 10.35905/diktum.v17i2.821

Abstract

Urf (tradition) is an aspect that can not be separated from humans, because ‘urf is an integral whole with actions that are repeatedly practiced and agreed upon by the local community. This tradition becomes a cultural symbol in which the culture (‘urf) in the perspective of fiqh epicemology becomes one of the elements in its formulation. The effort of indigenous jurisprudence mu’âmalât through cultural channels reap a positive response in society that is still recognized its existence. Like the principle of mutual “legowo” (QS 4: 29), the tradition of "maro" in the fiqh of mu’âmalât is called mudharobah, tradis “Ijon” (salam). All of it gets the legitimacy of Jurisprudence because fiqh is responsive and accommodative to the ‘urf, in addition to the basic law of fiqh mu’âmalât is permissible.
Analisis Yuridis Tentang Kebijakan Holding Terhadap Badan Usaha Milik Negara (BUMN) Sektor Pertambangan rustam pikahulan; Abdul Karim Faiz
DIKTUM: Jurnal Syariah dan Hukum Vol 17 No 2 (2019): DIKTUM: JURNAL SYARIAH DAN HUKUM
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (244.144 KB) | DOI: 10.35905/diktum.v17i2.1019

Abstract

On November 29, 2017 the deed inbreng was signed by shareholders of PT Timah (Persero) Tbk (TINS), PT Aneka Tambang (Persero) Tbk (ATNM) and PT Bukit Asam (Persero) Tbk (PTBA) and approved the transfer of government shares to PT Indonesia Asahan Inalum (Persero) as well as evidence that the BUMN Mining Holding is officially formed. In the EGMS conducted by the three SOEs, it was agreed that the amendment to the articles of association was also related to the transfer of majority ownership from the original Republic of Indonesia to the ownership of PT Inalum (Persero) whose entire shares were owned by the State. The legal basis used by the government in forming the SOE holding is contained in Government Regulation Number 72 of 2016 concerning Amendment to Government Regulation Number 44 of 2005 concerning Procedures for Participation and Administration of State Capital in State-Owned Enterprises and Limited Liability Companies.
ANALISIS MAȘLAHȂT TERHADAP PRAKTIK PENETAPAN HARGA ECERAN TERTINGGI LPG 3 KG DI PANCA LAUTANG KAB. SIDRAP Nurhasnah Hasyim; Fikri; Rusdaya Basri; Aris
DIKTUM: Jurnal Syariah dan Hukum Vol 18 No 1 (2020): DIKTUM: JURNAL SYARIAH DAN HUKUM
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (325.541 KB) | DOI: 10.35905/diktum.v18i1.1054

Abstract

This paper examines the maslahah analysis of practice of determination of the highest price of 3 kg LPG in Panca Lautang, Sidenreng Rappang Regency, consisting of three problems, namely; 1) what is the practice of determination of the highest price of 3 kg LPG in Panca Lautang, Sidenreng Rappang Regency?; 2) how is the effectiveness of Perda No. 12 of 2014 concerning LPG 3 kg in Panca Lautang, Sidenreng Rappang Regency ?; 3) how is the implementation of maslahah values in the practice of setting the highest retail prices of 3 kg LPG in Panca Lautang, Sidenreng Rappang Regency?.This paper uses qualitative research methods. The focus of the study is the determination of the highest price of 3 kg LPG. Location of study in Panca Lautang, Sidenreng Rappang Regency.The results of this study indicate that1) The practice of the determination of the highest price of 3 kg LPG in Panca Lautang, Sidenreng Rappang Regency, was found that Pangkalan still ignored regional regulations, due to several reasons such as transportation costs, capital, and the uncontrolled distribution chain; 2) Effectiveness of Perda No. 12 of 2014 concerning LPG 3 kg in Panca Lautang, Sidenreng Rappang Regency to implement retail prices is considered ineffective even though the Government intends to protect the public from arbitrary prices, and provide guarantees of justice; 3) The implementation of maslahah values in the practice of setting the highest retail price of 3 kg LPG in Panca Lautang, Sidenreng Rappang Regency is legal protection for consumers in setting the highest retail price, fighting for consumers or the poor to get their rights.
COMMANDITER FELLOWSHIP IN COMMERCIAL LAW Prasasti Dyah Nugraheni
DIKTUM: Jurnal Syariah dan Hukum Vol 18 No 2 (2020): DIKTUM: JURNAL SYARIAH DAN HUKUM
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (443.185 KB) | DOI: 10.35905/diktum.v18i2.1055

Abstract

Economic activity in the country of Indonesia experienced very rapid development. This can cause the emergence of a problem that exists in the community. Vice versa, a legal entity in carrying out its business activities also requires money. One of the business entities is Commander Association. A Commander Association is a form of business that is not a legal entity. A Commander Association in carrying out its business activities gets capital through loans from banking institutions and from non-banking institutions with a certain guarantee. This journal is written using a normative juridical method because this journal uses secondary data that is used as a tool to collect data. Therefore, the journal that is written will explain about a Commissioner Alliance in commercial law. The main problem in this journal is more focused on explaining the meaning of business entity, forms of business entity, understanding of Communist Alliance, process of establishing Communist Fellowship, responsibility of allied parties of Commander Association, forms of Commander Association, legal status of Commissioner Alliance, and dissolution process of Commissioner Alliance. This is because there is no legal rule that specifically regulates a form of business entity in the form of the Commander Association.
ISLAMIC LAW REVIEW USE OF SEX TOYS Ahmad Riady
DIKTUM: Jurnal Syariah dan Hukum Vol 18 No 1 (2020): DIKTUM: JURNAL SYARIAH DAN HUKUM
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (340.253 KB) | DOI: 10.35905/diktum.v18i1.1141

Abstract

This study aims to uncover how Islamic law observations of the tools used to meet the biological needs of humans, called sex toys, are lately used by many groups, both Muslim and non-Muslim, both inside and outside Indonesia, in this article the author will discuss the sex toys law in view of Islam starting from; First, the opinions of scholars in the four schools of thought on the use of sex toys as a medium to meet human biological needs in various conditions. Second, examine the arguments put forward by these schools and the way istidlal or istinbath law. Third, analyze the opinions that are most relevant to be held today with logical and istidlal arguments that are the closest to the truth between the proposition and the reality faced by people in this modern era.
ETIKA HUKUM DALAM POLITIK KEBANGSAAN PERSPEKTIF ISLAM: MORALITAS POLITIK PANCASILAIS Abdul Hafid; Rustam Pikahulan; Hasanuddin Hasyim
DIKTUM: Jurnal Syariah dan Hukum Vol 18 No 1 (2020): DIKTUM: JURNAL SYARIAH DAN HUKUM
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (540.023 KB) | DOI: 10.35905/diktum.v18i1.1202

Abstract

The legal and political realities that have developed in Indonesia to date, there is a phenomenon that makes us all worried and uneasy. major illness experienced by our nation and country today, namely corruption and terrorism. This phenomenon is more or less closely related to what is called moral degradation in the realm of politics. moral values ​​and norms (morality) which of course in this case, have to do with political phenomena in terms of nationality, state or power. The focus of research is the existence of ethics in this case concerning human actions or behavior in terms of moral values ​​and norms (morality), which are connected with one aspect of human life, namely politics. This study aims to provide a rather enlightened generation of the nation to avoid bad deeds and to obey the applicable rules, especially in the realm of politics and understand the existence of Indonesian-style national political ethics which are considered not at all contrary to the teachings of Islam. The research method used is a qualitative method. The approach used in this study is as follows: First, the philosophical approach to values, morals or actions. Second, the interpretive approach / interpretation. Third, the juridical approach to state administration. Based on the analysis outlined in the discussion, the researcher concludes that Pancasila is a logical transcendental requirement for the implementation of all legal procedures in Indonesia which is used as a guideline for making laws and regulations, which will then be used as an instrument to assess and regulate whether a behavior or act it can be said good or bad. Likewise, the existence of Islam as a product of Allah (Almighty God) is a system of religious morality that is used by Muslims as an instrument to assess or measure whether a behavior or deed can be said to be good or bad. If the two systems of morality are linked, then it turns out that between one another (substantially or in principle) there is no trace of contradiction.
HUBUNGAN ANTARA PENGETAHUAN DENGAN PELAKSANAAN KEWAJIBAN ZAKAT BAGI PNS YANG BERAGAMA ISLAM DI UNIVERSITAS NEGERI MAKASSAR Mustaring Mustaring; Muh. Sudirman
DIKTUM: Jurnal Syariah dan Hukum Vol 18 No 1 (2020): DIKTUM: JURNAL SYARIAH DAN HUKUM
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (270.843 KB) | DOI: 10.35905/diktum.v18i1.1216

Abstract

This study aims to determine the knowledge of zakat, the implementation of zakat, and the relationship between knowledge and the implementation of zakat obligations for civil servants who are Muslim at Makassar State University.The method to be used to achieve the objectives in this study is a qualitative descriptive approach. Through this approach, this research will describe the real situation in detail and actuality. As for the background of the use of this method, because the phenomenon to be studied requires a description or in-depth description and analysis. Thus, answers will be found that can reveal true events or facts on the ground. The results showed that six variations in the level of knowledge of Civil Servants in the Makassar State University environment on the obligation of zakat. The implementation of zakat obligation for Civil Servants in Makassar State University has not been fully implemented well and basically they have a strong awareness and desire to fulfill their obligations. The relationship between knowledge and implementation of zakat obligations for Civil Servants in the Makassar State University environment.

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