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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 151 Documents
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DISKURSUS HAK ASASI MANUSIA DALAM AL-QUR’AN KARYA: ACHMAD ABU BAKAR: (Analisis Terhadap Suatu Kajian Tematik) Sitti Musyahidah
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 10 No. 2 (2016): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v10i2.287

Abstract

The breakdown of the information about the existence of Human Right in Al-Quran along with its entity and nature comprehended by Achmad Abubakar is provided in this paper. The term of Human Rights is begun with the appellation of human existence itself in accordance with the emphasis of human as mustakhlaf Q.S. al-An’am (6) : 165 and as musta’mir (Q.S. Luqman [31] : 20). Allah has created the universe by means of inhabitants duty to prosper it by managing it. Hereinafter, human as basyar implies that they own rights. Thus, by apprehending human existence, an introduction of human dignity is then come out scilicet Human Rights’ entity - using ‘lam’ particle meaning entitlements. By utilizing those rights, it covers all rights owned by people as expressed in Al-Qur’an. Human Rights nature in Al-Qur’an is an explanation of Human Rights’ entity that are the presence of the right to life (Q.S. al-Maidah [5] : 32, the right to own (Q.S. Al-Jum’ah [62] : 10), and the right to believe (Q.S. [103] : 6).
OTORITAS JASA KEUANGAN DAN KIPRAHNYA DI KOTA PALU Murniati Ruslan
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 10 No. 2 (2016): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v10i2.288

Abstract

The establishment of Financial Service Authority (FSA) is a mandate of Law No 21 Year 2011 about Financial Service Authority. FSA is a state institution that is responsible for supervising finance such as bank or non-bank financial service institution, videlicet insurance company, finance company, pension funds and capital markets. This research studies FSA in Central Sulawesi province which has stints as commanded by constitution. It is then able to be seen from the number of public complaints handled since in this province is formed at 1st January 2014. Central Sulawesi FSA Office obtained 70 cases from financial service industry costumers as well as sufficient incentive to introduce micro-finance institutions to disseminate Act No. 1 of 2013 on Micro Financial Institutions (MFIs) as an institution in the community economic development efforts. Moreover, the leader of FSA Office Central Sulawesi keeps making serious efforts to strengthen the institution in order to improve and amplify FSA Office’s oversight function hence it embraces conventional bank, Islamic bank and non-bank financial institution besides continues to encourage the establishment of novel offices by facilitating license (inter alia, opening one door service). This studies also discovers some matters faced by FSA Office Center Sulawesi these days; the quantity and quality of human resources.
MEDIASI PERSPEKTIF HUKUM ISLAM DAN HUKUM NASIONAL Ilmiati Ilmiati
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 10 No. 2 (2016): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v10i2.289

Abstract

Mediation (peace) in Islamic law is referred to as islah, in etimology it is court verdict. Meanwhile, in terminology, it is a covenant with a view to end the case between two litigant parties. Stellingsrecht sees peace (islah) substantially same as what is implemented by Islamic law. Reconciliation in civil lawsuit is usually ascertained in Religious Court and District Court. Procedures for mediation in the courts are established with several phases started from the preparation to formulating agreement point - solely it succed, hence the importance of mediation as an alternative dispute resolution process, supporting regulations are required in order to make mediation institutions be able becoming one of the steps for settling disputes.
SEJARAH PERKEMBANGAN PERUNDANG-UNDANGAN WAKAF DI INDONESIA Heru Susanto
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 10 No. 2 (2016): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v10i2.290

Abstract

Endowment practice in Indonesia has been accepted by the societies (customary law) since the first time of Islam comes to Archipelago. It is designated by the establishment of mosques being built on waqf land. Subsequent to Indonesia's liberty, the government issued several regulations regarding waqf, such as Government Regulation No. 28 of 1977 concerning Perwakafan Tanah Milik (Endowment of freehold estate), PMA No. 1 of 1978 concerning Implementing Regulation Government Regulation No. 28 of 1977 concerning waqf lands, Islamic Law Compilation (KHI), and other regulations. Devining to the enahncement of waqf law, it is necessary to review the historical overview deeply to recognize the development of waqf in the Indonesia
PERKEMBANGAN PERBANKAN SYARIAH DI INDONESIA Syaakir Sofyan
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 10 No. 2 (2016): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v10i2.291

Abstract

The enhancement of islamic banking as a bank which applies profit sharing system is a benchmark of islamic economic (ekonomi syariah) implementation. In indonesia, islamic banking development witnesses an increase over years yet sequentially. Some factors regarding the steady growth are owing to the crisis hit the world in 2013, besides the lack of cqpital owned by islamic banking in expanding its network. Hence, to tackle these problems, government participation is required in the development of islamic banking along with the need for consolidation of islamic banking as an evaluation in order to face the alteration of economic phenomenon occurence
GADAI EMAS DI PERBANKAN SYARIAH Nursyamsu Nursyamsu
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 10 No. 2 (2016): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v10i2.292

Abstract

Products of Islamic banking is considered to have advantages compared with conventional banking, which is in a range of products sourced from fatwas DSN, considered able to overcome the various problems in the local economy, because much of the element of riba, gharar and gambling and various negative impacts more But in fact the public as customers of Islamic banking is still open to exploitation in various transactions conducted in Islamic banks. Based on the phenomenon that occurs in the community such as the need for pawn gold. Dilakukanlah pelegitimasian law against pledge of gold by the National Islamic Council, at the request of the Islamic banking, which is in the process of establishing such laws, used a variety of approaches, which turned out to give birth to a fatwa that the impact exploit people as customers. From the brief description above, the author will try to discuss a paper on the evaluative analysis DSN No. 26 / DSN-MUI / III / 2002 of gold pawn Islamic bank according to a review of jurisprudence muamalah. National Sharia Council as an institution that fatwa is used as the primary basis of the various products of Islamic banking, have not been able to accommodate emerging models of transactions required by the community such as the need to be pawning gold, which in this case we value such still use classical methods, ie match the reality of the past with the present, which in reality is very much different. Then use a fatwa that emphasizes the benefit. Resulting in the use of multi akad. And causing cracks to appear that could exploit customers. Problems on fatwas born by MUI-DSN, need thorough investigation, even the need for evaluation, especially at the stage of formation fatwa that, in the process of pelegitimasian law against financial transactions contemporary MUI-DSN, preferably involving many parties berkopetensi and experts in their respective fields, so that the later can give birth to a fatwa according to the situation in Indonesia and the Islamic community certainly consistent with Islamic principles
SEJARAH POLITIK HUKUM TERHADAP PERADILAN AGAMA DI INDONESIA Hamiyuddin Hamiyuddin
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 10 No. 2 (2016): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v10i2.293

Abstract

Religious Courts in Indonesia is actually an agency that is quite old, older than the state ministry of religion affairs, it is even older than the Indonesia as it has been around since the advent of Islamic kingdoms in this archipelago. In the Dutch colonial era, judiciary was implemented by siding with Dutch who has legal security. Meanwhile, when the Japanese occupation period, the adjudication was carried out without freedom and independence. Then, a novel milestone for the religion court in Indonesia dates back to the enactment of Law No. 7 of 1989 jo Law No. 3 of 2006 jo Law No. 50 of 2009 on religious courts.
PERAN TANAH WAKAF PRODUKTIF SEBAGAI SUMBER EKONOMI DI KECAMATAN SINJAI SELATAN KABUPATEN SINJAI SULAWESI SELATAN Syathir Sofyan
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 10 No. 2 (2016): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v10i2.295

Abstract

Endowment practice in Indonesia has been accepted by the societies (customary law) since the first time of Islam comes to Archipelago. It is designated by the establishment of mosques being built on waqf land. Subsequent to Indonesia's liberty, the government issued several regulations regarding waqf, such as Government Regulation No. 28 of 1977 concerning Perwakafan Tanah Milik (Endowment of freehold estate), PMA No. 1 of 1978 concerning Implementing Regulation Government Regulation No. 28 of 1977 concerning waqf lands, Islamic Law Compilation (KHI), and other regulations. Devining to the enahncement of waqf law, it is necessary to review the historical overview deeply to recognize the development of waqf in the Indonesia.
AHLI WARIS PENERIMA RADD DALAM PERSPEKTIF FIQIH MAWARIS (FARAIDH) DAN KOMPILASI HUKUM ISLAM (KHI) Agustina Kumala Dewi
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 10 No. 2 (2016): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v10i2.296

Abstract

Owing to the fact of being a country where Moslem is the majority, it then enables the society to utilize Islamic law. Radd is a bequest distribution problem that affects the remaining properties if all the dzawil furud heirs have obtained their rights. This study aims to know theorem by both scholars and clerics whether they reject radd or receive it. Besides, this paper also will lead reader to comprehend how to deal with Radd according to Islamic Scholar Council and Compilation of Islamic Law, furthermore to understand what kind of Radd concept applied in Indonesia is also going to be explained. As stated by Islamic Scholar Council, Radd solving is to give all dhawil furud with the exception of husband and wife, whereas Compilation of Islamic Law will give all the remaining estate to the beneficiary without any exclusion. Radd concept supposed to be applied in Indonesia is Radd in consideration of kinship in a family since there is transition in responsibility that should be carried out by the heirs’ death without to the neglect of Islamic Scholar Council’s opinion in decission-making.
FIKIH LINGKUNGAN DALAM PETA PEMBANGUNAN NASIONAL Andi Yaqub
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 11 No. 1 (2017): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v11i1.297

Abstract

Conservation of the environment is a form or mode of managementand protection of all things related to human life wisely andsustainably. Understanding of the environment is closely related to therealization of the ideals of the nation and the country. Therefore, theprojection of understanding is arranged in the national developmentmap. One of the ideal perspective is the deep understanding of theenvironment and the philosophy of the nation of Islamicjurisprudence/islamic law.Beginning the concept of environmental conservation focuses on thelove of nature as a manifestation of servantship to Allah swt. Theteleological review positioned the approach of environmentaljurisprudence as the ideal framework for environmental conservation.The substance of jurisprudence / Islamic law emphasizes the paradigmof goodness that delivers individual consciousness and socialconsciousness.Environmental jurisprudence can be contained in the law substance, inthe Law as well as government regulations, whether located at thecenter, and at the region. The implementation phase also positions thestrengthening of Islamic law as an ethical approach and also as a socialcontrol. The rules on environmental conservation in Indonesia arecategorized under environmental law, environmental science andenvironmental politics.

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