Bilancia : Jurnal Studi Ilmu Syariah dan Hukum
Bilancia is an academic peer-reviewed journal that publishes the current articles and results of research of scholars and students who are deeply concerned with Shariah and Law issues. Bilancia is regularly published twice a year (June and December). The study focuses on the latest discourse in Islamic Law, Islamic Criminal Law, Criminal Law, Civil Law, Civil Court, Islamic Economic Law, Islamic Politic Law, Humanities Law and International Law in Islam, Humanity law and International Law, Sociological Law, Customary Law, Interpretation of Legal Verses and Legal Hadith also Legal Statue, and shariah opinion in astronomy. This is an Open-Access Journal, meaning all content is freely available without charge to users or/institutions. Users are allowed to read, download, copy, distribute, print, search, or link to full-text articles in this journal without asking prior permission from the publisher or author.
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<![CDATA[TINJAUAN TENTANG PEMBERIAN SANTUNAN DANA KECELAKAAN LALU LINTAS JALAN TERHADAP KORBAN OLEH PT. ASURANSI JASA RAHARJA DI KOTA PALU ]]>
<![CDATA[Mursyid, Besse Tenriabeng]]>
<![CDATA[ Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 14 No. 1 (2020): BILANCIA ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Palu ]]>
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DOI: 10.24239/blc.v14i1.478
<![CDATA[The developments of science and technology particularly in traffic and transportation field, apparently not only have benefits and positive effects on people’s life behavior, but also create negative impacts, traffic accidents, for instance. Victims of traffic accidents both minor and serious injuries as well as the heirs of the dead victims do need funds for medical expenses and funeral costs. Therefore, whoever has traffic accident, in fact, is entitled to compensation from Jasa Raharja. Jasa Raharja claim process begins by filling out the form as good and honest as possible based on valid documents. This process takes at least one to two hours, or a whole day, it depends on the number of people who submit claims at the same time.]]>
<![CDATA[DEKADENSI PEMILIHAN HAKIM AGUNG OLEH DPR RI ]]>
<![CDATA[Pikahulan, Rustam Magun]]>
<![CDATA[ Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 14 No. 1 (2020): BILANCIA ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Palu ]]>
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DOI: 10.24239/blc.v14i1.509
<![CDATA[Abstract: The Plato's conception of the rule of law states that good governance is based on good law. The organization also spreads to the world of Supreme Court justices, the election caused a decadence to the institutional status of the House of Representatives as a people's representative in the government whose implementation was not in line with the decision of the Constitutional Court. Based on the decision of the Constitutional Court No.27/PUU-XI/2013 explains that the House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only approve or disapprove candidates for Supreme Court Justices that have been submitted by the Judicial Commission. In addition, the proportion of proposed Supreme Court Justices from the judicial commission to the House of Representatives (DPR) has changed, whereas previously the Judicial Commission had to propose 3 (three) of each vacancy for the Justices, now it is only one of each vacant for Supreme Court Judges. by the Supreme Court. The House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only "approve" or "disagree" the Supreme Judge candidates nominated by the Judicial Commission.]]>
<![CDATA[AL-DARURIYAT AL KHAMS DALAM TINDAK PIDANA PENCURIAN: (ANALISIS PUTUSAN DI PENGADILAN NEGERI PINRANG) ]]>
<![CDATA[Saidah, Saidah]]>;
<![CDATA[Rafid A, Noercholis]]>;
<![CDATA[Syatar, Abdul]]>
<![CDATA[ Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 14 No. 1 (2020): BILANCIA ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Palu ]]>
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DOI: 10.24239/blc.v14i1.510
<![CDATA[This study discusses al-D{aru>riya>t al-Khams in the Crime of Theft (Verdict Analysis in Pinrang District Court). It is the aim of this study to reveal the relationship between al-daru riyat al-khams and the verdict of criminal sanction of theft in Pinrang District Court. The implication of this study is that the Pinrang District Court verdict has considered aspects of al-daru riyat al-khams regarding assets’ safeguarding in terms of the theft case. The judge decided the case by prioritizing proven divine values by mentioning for the sake of justice based on that one godhead (Believe in the one and only God). Imposing sanctions by the judge is by taking into account the burdensome and mitigating elements for the benefit of the defendant.]]>
<![CDATA[RESEPSI PERNIKAHAN (Antara Sakralitas Agama, Hukum, dan Tuntutan Adat) ]]>
<![CDATA[Muttaqin, Muhammad Ngizzul]]>
<![CDATA[ Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 14 No. 1 (2020): BILANCIA ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Palu ]]>
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DOI: 10.24239/blc.v14i1.514
<![CDATA[Celebrating a wedding reception is a necessity and happiness for the bride and groom and their families. In addition to being governed by religion and the state law, wedding receptions are also carried out on the basis of the customs and habits of the people. But in today’s society’s understanding of wedding receptions as a necessity and a requirement that must be carried out based on the luxury and model of events that are mostly carried out by the environment. Until in the end many forget the substance of marriage and favor tradition. As a literature-based study and literature review, this paper will highlight the implementation of a wedding reception from the viewpoint of religion, law and customary demands. The results of this paper are expected to contribute thoughts and understanding of the substance of the wedding reception.]]>
<![CDATA[PEMBAHARUAN HUKUM KELUARGA ISLAM DI BRUNEI DARUSSALAM ]]>
<![CDATA[potabuga, humaira]]>
<![CDATA[ Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 14 No. 1 (2020): BILANCIA ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Palu ]]>
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DOI: 10.24239/blc.v14i1.516
<![CDATA[The renewal of Islamic family law in Muslim countries is making rapid progress. This is because the response to legal issues that occur due to the times. Some countries still retain the rule of law of the School they profess, others are absolutely completely free from Islamic law and choose to make modern law as a reference. While other countries are trying to reform the law with a legislative process so that the creation of permanent legal rules in carrying out Islamic family law. The direction of renewal is related to the issue of children and women's rights in marriage or inheritance.]]>
<![CDATA[PENGUATAN KEMANDIRIAN HAKIM DALAM MENGEMBAN HUKUM PRAKTIS YANG PROGRESIF DI PENGADILAN NEGERI DONGGALA: (Dari Paradigma Hukum Positivisme Menuju Paradigma Hukum Progresif) ]]>
<![CDATA[akbar, muhammad]]>
<![CDATA[ Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 14 No. 1 (2020): BILANCIA ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Palu ]]>
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DOI: 10.24239/blc.v14i1.517
<![CDATA[Freedom and independence of a judge in the birth / creating a progressive decision, is still far from expectations. This is due to size / indicators that should be owned by a judge, such as: independence, integrity and moral ethics, transparency and accountability; supervision / control (internal and external); intellect and professionalism, and impartiality, as well as faith is not maximized. The culture of law seeking justice community can not afford to support the efforts of judges in giving birth to a progressive decision. This is due to the legal culture of society in Indonesia is still low, in the sense that there is a tendency people have poor legal awareness.]]>
<![CDATA[HUKUM DAN PERADILAN DALAM MASYARAKAT MUSLIM PERIODE AWAL ISLAM ]]>
<![CDATA[Marzuki, Marzuki]]>
<![CDATA[ Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 14 No. 1 (2020): BILANCIA ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Palu ]]>
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DOI: 10.24239/blc.v14i1.518
<![CDATA[This paper deals with law and Islamic court in the period of Prophet an Khulafā’ Rāshidun. In the period of Prophet, law was not widely interpreted since the Prophet was the only source at that time. There was also also no building for the court, but dispute resolution was held in the mosque. In the period of Khulafā’ Rāshidun, especially in ‘Umar’s period, there was a separation betweem legislative, executive, and judicative bodies. There was also building for court, in ‘Uthman’s period, and salaries were given to the judges from Bayt al-Mal. In. ‘Ali’s period, administration of justice began to be independent in solving the case.]]>
<![CDATA[QATH’Y DAN ZHANNY DALAM HUKUM KEWARISAN ISLAM: (ANALISIS MAQASID SYARI’AH TERHADAP SISTEM PEMBAGIAN WARISAN) ]]>
<![CDATA[Subeitan, Syahrul Mubarak]]>;
<![CDATA[Muthahhar, Ahmad]]>
<![CDATA[ Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 14 No. 1 (2020): BILANCIA ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Palu ]]>
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DOI: 10.24239/blc.v14i1.523
<![CDATA[Qath’y and zhanny are a theory in language about a show the text to know the clarity and disguise of the text to a meaning. Qath’y and zhanny in Ushul Fikih used to explain the text of the source of Islamic law in al-Qur’an and Hadis in two things, al-Tsubut (existence) or al-Wurud (sourced from the truth) and ad-Dalalah (interpretation). This article will explain the differences of ulama in two concepts (qath’y and zhanny) is about inheritance law texts. After that, the concept will analyze by Maqasid al-Syari’ah approach. The result from the analysis that the texts of Islamic Inheritance Law is categorize as zhanny ad-Dalalah. The texts that deal with social society (muamalah) has influenced by social-economic in community. So that, creating the consequences of a religious text is about inheritance law to open the modern interpretation.]]>
<![CDATA[STUDI KOMPARATIF TENTANG ZAKAT TANAH SEWAAN MENURUT PANDANGAN ISLAM ]]>
<![CDATA[Putri Nabila Masduki]]>;
<![CDATA[Ashif Az Zafi]]>
<![CDATA[ Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 14 No. 1 (2020): BILANCIA ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Palu ]]>
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<![CDATA[A direct order from Allah stated in his kalam namely Al-Qur’an and included the fourth pillar of Islam is zakat. Allah rules those who are able to pay zakat and give it to those who are entitled to receive or mustahiqqin. There are some assets that must be subject to zakat, one of them is zakat rented land. The obligation of zakat on rented land is a difference of opinion among the scholars, including among them who is obliged to pay zakat on leased land. In this application there is still a debate between land owners or land tenants. Imam Hanafi and the ulama 'hanafiyyah are the obligations of the renting party, while Imam Syafi'i and the Syafi'i ulama are of the opinion of the tenant's obligation, this has the opportunity to be compared.]]>
<![CDATA[SAKSI KELUARGA DALAM PERKARA PERCERAIAN PADA PENGADILAN AGAMA MAROS ]]>
<![CDATA[Nur, Dwi Utami Hudaya]]>
<![CDATA[ Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 14 No. 1 (2020): BILANCIA ]]>
Publisher : <![CDATA[Fakultas Syariah Institut Agama Islam Negeri Palu ]]>
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DOI: 10.24239/blc.v14i1.599
<![CDATA[Everyone is considered capable of being a witness, unless the law dictates otherwise. The prohibition of family witnesses to be presented in divorce trials is a prohibition that is devoted to divorce cases for the sake of avoiding the witness's non-objective attitude in giving testimony. The main research problem was How is the effectiveness of the family witnesses prohibition implemented in divorce cases according to Article 172 clause (1) RBg? This study employed empirical normative legal research methods. The results showed that the implementation of the family witnesses prohibition in divorce cases at the Maros Religious Court was ineffective due to the existence of family witnesses who were still presented by the plaintiff or defendant in court on the grounds of divorce outside syiqaq by considering family closeness to husband and wife which made family witnesses know the household condition.]]>
