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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 158 Documents
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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.
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.
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.
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.

Page 13 of 16 | Total Record : 158

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