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Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam

qanun
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Published by Universitas Islam Negeri Sunan Ampel

ISSN : 20882688 EISSN : 27221075 DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Al-Qanun merupakan jurnal ilmiah dan media komunikasi antar peminat ilmu syariah dan hukum. Al-Qanun mengundang para peminat dan ahli hukum Islam maupun ilmu hukum untuk menulis hasil penelitian yang berkaitan dengan masalah syariah dan hukum. Tulisan yang dimuat tidak mencerminkan pendapat redaksi.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 297 Documents

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Kekuatan Hukum Akta Jual Beli Tanah yang Dibuat PPAT (Studi Kasus Putusan Kasasi MA No. 787 K/Pdt/2013) Sigit Dwi Santoso
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 21 No 1 (2018): Al-Qanun, Vol. 21, No. 1, Juni 2018
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Land issues are an issue that always arises and always actual from time to time. One of the land issues is a land dispute case that occurred in Sleman district, which has been examined and issued a decision on appeal with Supreme Court verdict. 787 K/Pdt/2013 on December 17, 2013, of which one of its decisions is "to declare invalid and null and void in The Deed of Sale and Purchase Number 141/2004 dated November 26, 2004". Surely this raises legal issues, in the form of "the existence of The Deed of Sale and Purchase made by PPAT which is an authentic deed". At the end of this paper, two things are concluded. Firstly, the existence of this verdict has indicated the existence of legal protection, in the form of: declaring invalid and void according to the law of the sale and purchase of the land because it is not in accordance with customary law, which is cash, light, and real. Secondly, the existence of this verdict has indicated the existence of legal certainty, by declaring invalid and null and void of the Deed of Sale and Purchase of Land made by PPAT.

Tanggung Jawab Notaris yang Aktanya Dibatalkan karena Cacat Yuridis (Studi Kasus Putusan Kasasi MA No. 320 K/PDT/2013) Rhyzky Dewan Hutomo
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 21 No 1 (2018): Al-Qanun, Vol. 21, No. 1, Juni 2018
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Notary Profession, as law enforcement, requires a responsibility, either individually or socially. Because of its very fundamental position, in performing its duty to make an authentic deed, a notary must perform the provisions contained in the Law of Notary, in addition to being honest, thorough, independent, impartial and guarding the interests of the parties concerned in legal action, so it must act carefully, meticulously, and thoroughly in carrying out procedures in making an authentic deed. Otherwise, it will result in an authentic deed not having a perfect verifying force value (volledig) and binding (bindende), or the degradation of its evidentiary power or it may be void, commonly called an authentic deed with a juridical defect. As a public official, a Notary is authorized to create an authentic deed, which can be held responsible for his conduct. The responsibility of a Notary as a Public Official includes the responsibility of the Notary profession itself relating to the deed. In relation to its authority the Notary may be held responsible for his deeds in making authentic deeds. The forms of responsibility of a notary are: (1) the responsibility of a notary publicly, (2) a criminal notary's responsibility, (3) a notarial responsibility based on a notary regulation, and (4) a notarial responsibility under the Notary Code of Ethics

Kedudukan Hukum Akta Kelahiran Anak di luar Kawin yang Dicantumkan Nama Ayah Rosida Amaliasari
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 21 No 2 (2018): Al-Qanun, Vol. 21, No. 2, Desember 2018
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Extramarital child is always causing complex problem, whether positive law as well as Islamic law. Several problems are among others: First, the legal status of birth certificate of the extramarital child that includes and does not include the name of the father. Second, related to the status of the extramarital child as heir by the inclusion of the name of the father in the birth certificate whether based on positive law as well as Islamic law. By virtue of decision Number 46/PUU-VIII/2010 the Constitutional Court has provided a decision that guarantees the fulfillment of civil rights for the extramarital child. With the fulfillment of civil rights, it is expected to be able to provide justice for the extramarital child, however, such matter covers the overall aspects or not including the extramarital child that has been recognized as legal child by including the name of the father in the birth certificate is entitled to become a heir as the right of legal child and proven with Deed of Authenticity. Moreover the problem arising whether in Islamic law such matter is also becoming a legal matter and entitled to become a heir.

Kebijakan Pertanahan Larangan Pemecahan Hak Milik Atas Tanah Lebih dari Lima Bidang Dwi Murti Hariani
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 21 No 2 (2018): Al-Qanun, Vol. 21, No. 2, Desember 2018
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

The purpose of this research is to study and analyze State Policy in the field of land concerning the prohibition of splitting land more than five fields. Research results The policy of prohibition of land ownership of more than five fields with a total area of 5000m2 has not been implemented maximally by both the parties involved and the community because the policy is not effective where the policies made are not accompanied by legal sanctions for those who violate the provisions. The National Land Agency only relies on a Statement from the applicant who wants to register his land at the local Land Office, which cannot be ascertained. The BPN has not yet made an inventory of how many parcels of land have been registered in the office, so that the list of individual land tenure has not been detected. Therefore, until now it has not been known how many people have owned land in excess of the provisions of the five fields with a total area of 5000m2.

Pembiayaan Berbasis Teknologi Informasi (Fintech) yang Berdasarkan Syariah Achmad Basori Alwi
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 21 No 2 (2018): Al-Qanun, Vol. 21, No. 2, Desember 2018
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

In the era of the digital economy, societies develop innovation of service in the activities of financing that one of them is characterized by the existence of the provision of Services and loan borrowing money based information technology assessed against development and contribute to the national economy. One of them, financing system with agreement that the parties who proposed financing by parties who provide funding online. Financing through service loan borrowing money based on information technology (fintech) in Shariah. As for the reason of syariah-based fintech service launched is to accommodate users who want sharia-based loan borrowing transactions. Sharia-based fintech services in addition to providing supply and of different schemes of existing services (conventional), also provided a limitation of certain restrictions against the use of the funds given by investors or lenders. User request services of Sharia-based fintech rising currencies with the market share of service users from moslem majority in Indonesia was pushing sharia-based Fintech compulsory Service meet rules in business transaction in sharia.

Tanggung Jawab Pihak JNE sebagai Ekspeditur atas Kerugian yang Timbul Akibat Rusaknya Barang Elektronik Berupa HP Samsung Galaxy Note 7 yang Dikirim St. Nadiyah Hudjaemah Parawansa
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 21 No 2 (2018): Al-Qanun, Vol. 21, No. 2, Desember 2018
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

The purpose of this article is to find out how the liability of the JNE (Jalur Nugraha Ekakurir) as expeditor for the loss suffered by the sender (AM) for damage to the shipment (HP Samsung Galaxy Note 7) by using airline X is reviewed based on Act No. 1 of 2009 About Flight. The sender will hold JNE as the expeditor liability based on the expedition agreement, and the JNE as the expeditor will hold airline X liability based on the transport agreement. However, AM as the sender has violated the agreement, which is not correctly declared the item shipment, declaring that the item shipment is the HP Oppo F1 Selfie Expert, whereas the item shipment is HP Samsung Galaxy Note 7 which has been banned by the airline X. Accordingly, AM has violated violates article 1330 of the Civil Code, which is not fulfilling the clause "a lawful cause". Therefore, JNE and airline X are not liability for damage to goods sent by AM.

Integrasi Astronomi dalam Ilmu Falak di PTAI dan Pondok Pesantren Siti Tatmainul Qulub
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 21 No 2 (2018): Al-Qanun, Vol. 21, No. 2, Desember 2018
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

This article examines the integration of science between astronomy and Islamic astronomy in Islamic Higher Education (UIN Walisongo Semarang) and Islamic Boarding Schools (Islamic Boarding School al-Mubarok Lanbulan Madura). Data was collected through in-depth interview techniques about curriculum and learning at Islamic College and Islamic Boarding Schools, and equipped with other reading materials. The results showed that the integration of Astronomy in Islamic astronomy in UIN Walisongo Semarang already existed, but not all were implemented perfectly. At the philosophical, material, and methodology level can be said to have been implemented a lot. However, implementation at the strategy level is still lacking. This can be seen from the competence of permanent lecturers who are almost all fiqh. The integration of Astronomy in Islamic astronomy at al-Mubarok Lanbulan Madura is still not visible, both at the philosophical, material, and strategy levels. However, at the methodology level, the method used is based on a science study methodology that is implemented in the writing of santri scientific papers.

Tanggung Gugat Perebedaan Luas Tanah Secara Faktual dengan Luas Tanah di Sertifikat Ida Ayu Febri Anasia Dewi
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 21 No 2 (2018): Al-Qanun, Vol. 21, No. 2, Desember 2018
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

The purpose of this paper is to find out how to liability for differences in the land area in fact with the land area in the certificate. At the end of this paper, two things are concluded. First, the measuring letter has a function when a technical error/change about the physical data of a plot of land which results in changes in the size and extent of the land, in addition to also explaining the location, extent and boundary of a plot of land or from a flat unit. Second, in order to make a measurement letter, the measurement of the area of the land is carried out and it turns out there is negligence, then what can be obtained by the aggrieved party is a form of preventive legal protection, namely the legal subject has the right or opportunity to submit opinions or objections in order to anticipate the emergence of disputes while the consequences of such negligence can be brought against the related officials in the form of personal liability.

Kewarisan Anak dalam Kandungan, Anak Zina dan Anak Liâ€™an Darmawan Darmawan
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 21 No 2 (2018): Al-Qanun, Vol. 21, No. 2, Desember 2018
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Abstract: The child in the womb will receive inheritance, if (1) the child is born alive, and (2) the child is already in the womb of his mother when the muwarrith is died. The child who's born of adultery (zina) is only have a relationship with his mother, in nasab and inheritance. The child of li'an is the child whos's born from teh woman who have been accaused for committing adultery (zina) by her husband , so that child who is born also have the same status as the childr of zina. The accusation was held in a situation of swear to one another between the husband and his wife (the mother of the child of li'an) which caused damage to the husband-wife relationship, so that it was forbidden to reconcile (rujuk) or marry for ever. The child of li'an only has a relationship with the mother who gave birth to him, while the nasab relationship with his father has been demage, so is his inheritance

Pendirian Perseroan Terbatas oleh Suami Istri Tanpa Perjanjian Kawin Ditinjau dari Undang-undang No 40 Tahun 2007 tentang Perseroan Terbatas Elvareta Bayu Samudra
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 21 No 2 (2018): Al-Qanun, Vol. 21, No. 2, Desember 2018
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

One of the most preferred forms of economic enterprise is a Limited Liability Company, because (1) the liability is limited and (2) makes it easy for the owner to divert his company to everyone. In Law No. 40 of 2007 about Limited Liability Companies, explained that: Limited Liability Company was established by 2 (two) or more people. This is the purpose of this paper, there are: the establishment of a Limited Liability Company by husband and wife without a marriage agreement. The conclusion of this paper is that the legal status of a limited liability company requires that the founders consist of at least 2 (two) founders, so that a husband and wife cannot establish a Limited Liability Company. According to The Marriage Law, that a husband and wife are considered to have one interest, namely forming a family - where the husband becomes the head of the family and the wife becomes a housewife, and basically husband and wife are a legal subject.

Page 15 of 30 | Total Record : 297

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Nafi' Mubarok

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Editorial Address
Fakultas Syari'ah dan Hukum UIN Sunan Ampel, Jl. Jend. A. Yani No. 117 Surabaya 60237

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Jawa timur

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Nafi' Mubarok

Contact Email nafi.mubarok@gmail.com

Phone +6231-8417198

Journal Mail Official jurnal.al.qanun@gmail.com

Editorial Address Fakultas Syari'ah dan Hukum UIN Sunan Ampel, Jl. Jend. A. Yani No. 117 Surabaya 60237

Location Kota surabaya, Jawa timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Nafi' Mubarok

Contact Email
nafi.mubarok@gmail.com

Phone
+6231-8417198

Journal Mail Official
jurnal.al.qanun@gmail.com

Editorial Address
Fakultas Syari'ah dan Hukum UIN Sunan Ampel, Jl. Jend. A. Yani No. 117 Surabaya 60237

Location
Kota surabaya,

Jawa timur

INDONESIA