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Ahmad Arief
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Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu Jalan Diponegoro Nomor 23 Kota Palu, Provinsi Sulawesi Tengah Kode Pos: 94221
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Bilancia : Jurnal Studi Ilmu Syariah dan Hukum
Published by Universitas Islam Negeri DATOKARAMA PALU
ISSN : 19785747     EISSN : 25799762     DOI : https://doi.org/10.24239/blc.v18i1.2993
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 9 Documents
 1 
Search results for , issue "Vol. 17 No. 1 (2023): BILANCIA" : 9 Documents clear
Pemberian Upah Bagi Jasa Penulis Bayangan (Ghostwriter) Perspektif Fikih Muamalah Ovita Sari
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 17 No. 1 (2023): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v17i1.1328

Abstract

Giving wages for ghostwriters’ services basically meets the requirements of sighat and wages in muamalat. However, the existence of ghostwriter services is actually contrary to the academic code of ethics. And it also has a negative impact on the development of the quality of education. The purpose of this research is to find out the concept of wages according to Islamic law and to find out the views of Islamic law on giving wages to ghostwriters. This study uses the library method by finding sources of information through previous research studies. The implications of this research are expected to be able to provide a bit of an overview regarding the remuneration of ghostwriters. The study results show that the form of the contract and the wage system used by the ghostwriter services fulfill the sighat and wage requirements in fiqh muamalah. However, the use of ghostwriting services actually violates the academic code of ethics and has negative implications for the quality of education, and in the view of Islamic law the existence of shadow writing services is in fact considered unlawful because there is an element of fraud in it.
Tanggungjawab Pemerintah Daerah Terhadap Konsumen Selama Pandemi Covid-19 Gunawan; Lasatu, Asri; Patila, Manga’
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 17 No. 1 (2023): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v17i1.1686

Abstract

The government as a public servant has responsibilities that are not limited by space, time, and circumstances. The government has an obligation to provide services to the community anytime and anywhere and under any circumstances, including disaster emergencies. COVID-19 is a disaster that limits the movement of every human being, including the government. However, government services to the community must still run in order to fulfill the basic needs of the community. One form of the government's responsibility during the Pandemic Period is to provide legal protection to every consumer. The problem in this research is how is the implementation of local government responsibilities to consumers during the Covid-19 Pandemic? This study used several approaches, the data were analyzed qualitatively-quantitatively, and the results were in the form of analytic descriptive. The conclusion of the research is that during the Covid-19 pandemic, the local government has carried out its responsibilities in accordance with laws and regulations, but not optimally according to consumer expectations.
Urgensi Kafa'ah Dalam Mempertahankan Keluarga Dari Campur Tangan Orang Tua Jufri; A. Natsir, Andi Fadhilah; Laelah, Ariesthina
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 17 No. 1 (2023): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v17i1.1772

Abstract

This paper focuses on building family resilience from third-party intervention, which in this paper is parents/in-laws. The definition of a happy family is a family filled with mutual love, affection, protection and respect. However, the definition of a happy family above will not be achieved without the reconception of love and balance from the beginning and beyond as an effort to fortify the intervention of parents/in-laws. The application of the concept of harmony and balance in this study is one of the responsive efforts to create a stronghold of family resilience against the problematic intervention of parents/in-laws in the household life of their children/in-laws. This type of library research uses the descriptive-analytic method to obtain and analyze all the data obtained. The results of this study explain that it takes hard work and support between husband and wife to prevent third-party intervention as a trigger for household breakdown. Factors that influence parents to interfere in their children's households, namely: living in the same house, still close to the place of residence, lack of income from the son-in-law/child (economy), lack of affection from parents, lack of communication with in-laws and incompatibility between parents/in-laws and children/children in law. Anticipating the above, as an effort to build family resilience from third-party interference is to apply the concept of love and balance that each party can understand and good communication based on faith so that it can present an attitude of love and understanding and ultimately family harmony can be formed.
Penyelesaian Perselisihan Hubungan Industrial antara Pekerja dengan PT Suzuki Finance Indonesia pada Tingkat Mediasi di Dinas Tenaga Kerja, Koperasi dan UKM Kabupaten Banyumas Nadia Sekarsari; Rahayu Subekti; Rosita Candrakirana
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 17 No. 1 (2023): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v17i1.1784

Abstract

This research intend to determine and resolve the process of dispute settlement of industrial relations between employee and PT Suzuki Finance Indonesia Branch Office Purwokerto on mediation step that was held at Dinas Tenaga Kerja, Koperasi dan UKM Kab. Banyumas. This research using normative and empirical methods which use primary and secondary legal materials. Also using interview data sources with the mediator of Dinnakerkop UKM Kab. Banyumas and documentary study. The conclusion of this research is the dispute settlement of industrial relations on this case already in accordance with PPHI Law, but there are obstacles that cause the solution of industrial relation can not to be done in the mediation step.
Pengaplikasian Mediasi dalam Perceraian di Era Pandemi Covid-19 pada Pengadilan Agama Pasangkayu (Tinjauan Yuridis-Normatif) Fahmi, Nazil
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 17 No. 1 (2023): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v17i1.1787

Abstract

Mediation is an alternative part of resolving cases that prioritizes the principles of justice and the good faith of the litigants who have experienced changes in their implementation in the world of judicial institutions during the Covid-19 pandemic, especially in religious courts. So, this study intends to describe the problem in a research question that has been formulated, namely how to apply divorce’s mediation in the era of the Covid-19 pandemic at the Pasangkayu Religious Court which is reviewed from a juridical-normative perspective. Then, the selection of the research method used is a type of qualitative research and data collection by means of field research. Meanwhile, juridical-normative is a research approach. Observing the research problems that have been formulated, the results of the study explain that mediation is applied in two closed stages, namely the pre-mediation stage and the mediation implementation stage and adjusts to the current situation. The purpose of mediation that adapts to circumstances is that mediation in divorce at the Pasangkayu Religious Court has changed according to the conditions that occurred in the era of the Covid-19 pandemic which caused the mediation model, especially in carrying out mediation using two ways, namely carrying out virtual mediation and maximizing caucuses (separate meetings). The two models of mediation application have actually been regulated in a juridical-normative manner, in which their application has a legal umbrella in the Supreme Court Regulations (PERMA), Supreme Court Circular Letters (SEMA) and policies from the Religious Courts Agency (BADILAG).
Fikih Indonesia Hasbi Ash-Shiddieqy Mulyanti; Asdar, Faizal
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 17 No. 1 (2023): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v17i1.1793

Abstract

The Indonesian fiqh framework offered by Hasbi is not an idea of thinking that abandons the thinking tradition of classical scholars with the jargon of reform it offers. The basic framework remains in the main sources of Islamic law, namely the Koran, Hadith, Ijma, Qiyas, Ra‎'yu, and Urf. The notion of Indonesian jurisprudence is also based on the main source of Islamic law, Indonesian jurisprudence must pay attention to the Indonesian contextual situation, so that answers to legal problems do not become foreign products for society. The idea of Indonesian jurisprudence on issues for which there is no legal answer, according to Hasbi, must be decided in a collective ijtihad model which will later provide more comprehensive answers to problems from all perspectives of the problem.
Kebebasan Hakim dalam Melahirkan Putusan Progresif Akbar, Muhammad
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 17 No. 1 (2023): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v17i1.1853

Abstract

Determining a decision is not easy and sometimes gives a difficult position for a judge, determining a judge's decision is required to carry out the technical juridical and procedural implementation of legislation. Therefore it becomes important to determine the conditions that must be owned by a judge related to his freedom in making progressive decisions. This research is a literature study to explore indicators that can produce a progressive decision that must be owned by a judge. The indicator that must be possessed is the independence of a judge, which is based on moral and ethical integrity, the transparency aspect of decisions is also a picture of freedom and progressiveness, besides that professionalism and intellectual ability are absolute requirements that are part of the basic things that a progressive judge must have.
Konsep Kafa’ah pada Perkawinan Syarifah Di Desa Pambusuang Kabupaten Polewali Mandar Mayanti; Andi Jusran Kasim
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 17 No. 1 (2023): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v17i1.1867

Abstract

This study uses a qualitative research method with empirical legal research located in Pambusuang, Balanipa, Polewali Mandar. It is conducted by using a normative theological and sociological research approach. The primary data sources are several Syarifah women and Habib. The study reveals that the Syarifah women's marriage system is not significantly different from the women's marriage system in general in Pambusuang, namely using the traditional Mandar procession, however, there are few differences are found. First, Syarifah women's marriage tends to focus on nasab (lineage) at the matchmaking process or at the proposal process so that the marriage is arranged, they do not apply several kufu' concepts (compability) in choosing a partner, and some of them even choose not to marry. Second, at the metindor process in Syarifahs' Wedding (arrival of the groom), the groom should attend the syarifahs' place by riding a horse. Third, the groom has to wear white to carry out the Ijab kabul . Regarding the first result, the concept of kafâ`ah for Syarifah women in achieving sakinah mawaddah warahmah marriage cannot be separated from the combination of several kufu’ concepts, such as religion, lineage, work, and wealth. However, in their marriage, the concept of kufu' in terms of lineage and religion is the most important consideration when choosing a partner while the wealth and work aspect are tend to be ignored nowadays. The implication of the research is that there is an understanding that not only lineage of sayyid descent is a determinant in achieving a life of sakinah mawaddah warahmah for syarifah women in Pambusuang, but it is also necessary to grant rights to Syarifah women to choose their partner outside the lineage of sayyid rather than live unmarried because they are not from the same nasab (lineage).
Akad Wakalah bi al-Istitsmar dalam Kajian Hadis Ahkam Kamaruddin
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 17 No. 1 (2023): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v17i1.1874

Abstract

This paper is a thematic study of hadith, the hadith used is a hadith narrated by Urwah, telling when the Prophet gave and represented the purchase of a sacrificial goat, Urwah multiplied the profit with the value of one dinar from the Prophet getting two goats and reselling one of them so that his capital returned. This hadith is a type of legal hadith which is the main argument for the wakalah al-istitsmar contract. So this paper reveals how the hadith of Urwah and its application to the present wakalah al-istitsmar contract. The method used in disclosing it is by using the thematic hadith method, and ends with an analysis of the contents of the hadith and DSN MUI's fatwa regarding wakalah al-istitsmar. If the Urwah Hadith is related to the DSN MUI fatwa, it is found that there are three relationships, namely the Urwah Hadith only describes representatives as individuals, and in current developments, there are representatives who are trade organizations and institutions, second, the hadith shows the form of wakalah al-istitsmar muqayyadah, and the three representatives must carry out their representatives in investing while still complying with sharia regulations.

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