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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 7 Documents
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Search results for , issue "Vol. 17 No. 2 (2023): BILANCIA" : 7 Documents clear
Perlindungan Hukum Pekerja Perjanjian Kerja Waktu Tertentu Pada PT. Wonokoyo Jaya Corp Mohammad Hatta; Purwono Sungkowo Raharjo; Rosita Candrakirana
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 17 No. 2 (2023): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v17i2.1737

Abstract

Problems regarding the rights of workers/labourers who work in a company are still not fully fulfilled, especially for workers with a certain time work agreement system (PKWT). Therefore, the government issued implementing regulations for the Omnibus Law on the Job Creation Law, namely PP No. 35 of 2021 concerning PKWT, outsourcing, working time, work relations and rest time, and termination of employment (PHK) as an effort to realize the welfare of workers. However, in practice, there are still many companies that have not fully fulfilled their workers' rights. Based on this background, a study was compiled entitled "Legal Protection of Work Agreement Workers for a Certain Time at PT. Wonokoyo Jaya Corp.” the research method used by the author is empirical normative with data collection techniques using structured interviews with the personnel of PT Wonokoyo Jaya Corp. The results of the study show that the implementation of workers' rights has not been fully fulfilled, namely in the provision of compensation money given to PKWT workers after the contract is completed. Therefore, the government should tighten supervision over companies that have not implemented new policies for the sake of realizing worker welfare and workers must also understand the applicable policies so that companies cannot be deceived and companies provide socialisation to the community.
Komparasi Sistem Pemilihan Umum Estonia - Indonesia : Penerapan I-Voting Munawaroh, Umi Rofiatun
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 17 No. 2 (2023): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v17i2.1835

Abstract

This article discusses a comparison of the electoral systems that tahe place in Indonesian and Estonia. Estonia is a country that implements Parlianmentary democracy while Indonesian is a country that implements Pancasila Democracy. Estonia is a republic with a president as head of state and a prime minister as head of goverment. Indonesian has the same form of state as Estonia, namely a republic. However, Indonesian does not adhere to a parlianmentary system which is reflected in the president’s position as head of government who is assisted in carrying out his duties by the vice presdient. Estonia is considered a developed country because it has an all-electronic government system or can be accessed via the internet. This has been implemented in an election system called e-voting since 2005. Until now, Indonesia still uses the conventional voting system through ballots. Many problems arise in the conventional electoral system through ballots considering Indonesia’s vast territory and difficulties in accessing election logistics. Therefore, a discussion on the comparison of the two countries in the general electoral system is to find out the similarities and differences in the system applied. The method used in this research is a literature study using a comparative approach. The method used in this research is a literature study using a comparative approach. The research method uses literature study by quoting data from websites, journals and books that discuss the general election system in Indonesia and Estonia. The results of this research are a comparison of the electoral system of Indonesia and Estonia. It is especially important for Indonesia to be able to modify Estonia’s general election system which is considered very modern because it uses Internet Voting.
Comparison of Sharia Business Law Opinions on Fine Sanctions For Late Payment of Installments in Sharia Financial Institutions Hidayatullah, Muhammad Syarif; Ragil Rahmatullah Nurhakim
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 17 No. 2 (2023): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v17i2.2067

Abstract

Islamic Financial Institutions are financial institutions whose operations are based on Sharia principles or Islamic legal rules in the financial transactions that are carried out. Closely to conventional financial institutions, fines for late payment of installments by customers are also applied by Islamic financial institutions whose legality refers to the DSN-MUI fatwa on sanctions against capable customers who delay payments. The issue of fines eventually creates problems and debates on its legality and relevance to sharia principles. This research aimed to compare sharia business law opinions on issues of fines for late installment payments at Islamic financial institutions. The research method employed was normative legal research with a comparative approach. The research results revealed the difference of opinions on the existence and legal status of these fines in Islamic financial institutions. Leastwise, there are two legal opinions: (1) it is permissible on condition that fines are only given to capable customers who delay payments (under specific criteria, not absolute permissibility) and that fines must be designated as social funds. Meanwhile, (2) disapproving opinion to assume that this fine is similar to usury; hence, it is forbidden.
Tantangan dan Faktor yang Mempengaruhi Penundaan Implementasi Pajak Karbon di Indonesia Sofiyati, Rizqy Alifa; Hermawan, Sapto
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 17 No. 2 (2023): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v17i2.2150

Abstract

This research analyzes the challenges and factors influencing the delayed implementation of carbon tax in Indonesia using a qualitative descriptive approach through literature review and document analysis. The research findings indicate that the challenges and factors affecting the delay in carbon tax implementation can be seen from various aspects. This study has shown that the challenges in the carbon tax implementation process include the balance between environmental goals and economic well-being, public awareness and acceptance, infrastructure readiness and emission monitoring, as well as weak law enforcement in carbon tax policy determination. Various factors influencing the delay in carbon tax implementation include dependence on fossil energy sources, resistance from affected industries, the absence of a carbon tax roadmap, and unclear carbon exposure thresholds. With this research, it is hoped to provide an in-depth understanding of Indonesia's unique challenges in addressing climate change and offer insights needed to design effective policies for reducing carbon emissions and achieving environmental protection goals while considering existing socio-economic impacts.
Upaya Penegakkan Contitutional Culture Masyarakat Sulawesi Tengah Ditengah Gerusan Constitutional Transplantation Atma, Randy; Budiarti, Budiarti
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 17 No. 2 (2023): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v17i2.2425

Abstract

The legal policy of recognition of indigenous peoples as outlined by the 1945 Constitution requires the government to make customary law a source and inspiration in the development of national law. In the field of private law such as land and inheritance law, customary law has been elaborated a lot into national law. However, constitutional customary law is still not elaborated so that it often seems that it does not make a good contribution to the development of constitutional law in Indonesia. Based on research it is known that constitutional customary law is a formal source of constitutional law that hierarchically falls under the constitutional law act. In fact, some constitutional customary laws have been adopted in positive constitutional law, such as the provisions regarding the indigenous legal alliance, and the concept of the president as the holder of power over the army.
Pencegahan Perkawinan Oleh Wali Nasab Dalam Putusan Pengadilan Agama Selong Kelas 1 B Badar, Muhammad Badaruddin; Teti Indrawati Purnamasari; Zainal Arifin Haji Munir
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 17 No. 2 (2023): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v17i2.2541

Abstract

Marriage laws in Indonesia for the Muslim community are regulated in the Compilation of Islamic Law (HKI). It does not rule out the possibility that disputes may arise during the marriage process. Two people who love each other and want to carry out the orders of Allah and His Messenger, also want to realize article 3 in the Compilation of Islamic Law, are prevented by their own lineage guardian because they do not agree with their child's marriage. This conflict occurred because there was a gap in legal remedies for family guardians who did not agree with their child's marriage, as well as legal remedies for women whose guardians were reluctant to become guardians for their marriage. This article is field research using qualitative research methods that are descriptive analysis. The approach used in this research is a case approach. The object of study in this article is the decision of the Selong Religion regarding the prevention of marriage by lineage guardians. The prevention of marriage carried out by the nasab guardian in the decision of the Selong Religious Court was due to the fact that the nasab guardian did not want his child to be used as a second wife or polygamous, in the process of escape or extramarital affairs carried out by the groom which was not in accordance with the customs applicable in the bride's area, and between the bride and groom. men and women are not equal. These three cases were not a valid reason for the nasab guardian to prevent the marriage of his child from the perspective of the Compilation of Islamic Law (KHI), so the request was rejected by the panel of judges.
Problematika Pencegahan Perkawinan Anak di Desa Pamboborang Dwi Utami Hudaya Nur; Mubakkirah, Fadhliah; An'nisah, Rizqi
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 17 No. 2 (2023): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v17i2.2823

Abstract

This research is qualitative research taking the research location in Pamboborang village, Banggae District, Majene Regency, West Sulawesi. A normative juridical and sociological research approach where the primary data sources for this research are parents and Pamboborang village officials. The results of this research state that promiscuity, pregnancy out of wedlock, culture and legal awareness are factors that greatly influence the high rate of child marriage in Pamboborang village. The role of law enforcers such as local government, the courts, the Regional Population and Family Planning Agency (BKKBD) and the Health Service are institutions that also have an important role in overcoming these factors. Socialization can be carried out well to educate and provide understanding about the positive and negative impacts of child marriage that occurs in Pamboborang village. It is hoped that the target of this education will be more focused on parents in Pamboborang village because parents should have the greatest role and responsibility to look after and protect their children from all negative actions and actions outside the home. Based on several factors that are the cause of the high rate of child marriage in Pamboborang village, it is hoped that the role of parents will be maximized, so that children who have fallen into promiscuity and juvenile delinquency will be taken in and educated better, rather than resorting to marriage. If the child is pregnant out of wedlock then the role of the parents is not only to get the child married, but the parents have a role to continue to provide advice and assistance to the child of the young couple, so that the marriage they build can create a happy and eternal marriage based on the Almighty God One.

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