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DE JURE

syariah
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Published by Universitas Islam Negeri Maulana Malik Ibrahim Malang

ISSN : - EISSN : - DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

de Jure adalah jurnal yang mengkaji permasalahan syariah dan hukum baik hasil penelitian atau artikel telaah. Terbit dua kali dalam setahun pada bulan Mei dan November. de Jure diterbitkan oleh unit Penelitian, Penerbitan dan Pengabdian Masyarakat (P3M) Fakultas Syariah Universitas Islam Negeri Maulana Malik Ibrahim Malang. Penyunting menerima naskah yang belum pernah diterbitkan dalam media lain.

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Articles 9 Documents

Search results for , issue "Vol 6, No 2: Desember 2014" : 9 Documents clear

PERSEPSI PELAKU KEKERASAN DALAM RUMAH TANGGA TERHADAP UU PKDRT NO 23 TAHUN 2004 Jamilah, Jamilah; Adicahya, Akmal
De Jure: Jurnal Hukum dan Syari'ah Vol 6, No 2: Desember 2014
Publisher : Fakultas Syariah

The Domestic Violence Act of Indonesia has been applied for 10 years. However, it seems this act does not reduce significantly the practice of domestic violence. Lawrence Friedman emphasizes that there is legal culture that influences legal system. It means that the acceptance of citizen influences the quality of legal system. This research shows that the offenders of domestic violence accept the regulation. Moreover, they consider this regulation as good act to implement. However, there are several factors that make them still practice violence toward their family. Less knowledge, public acceptance and psychological condition contribute to the level of obedience before the law. Therefore, citizens need a good and massive socialization from government about this regulation.

PERUBAHAN PENGATURAN PERUNTUKAN KAWASAN DALAM HUKUM PENATAAN RUANG (Studi Politik Hukum Atas Kebijakan Penataan Ruang Kota Malang) Wahjuono, Tulus
De Jure: Jurnal Hukum dan Syari'ah Vol 6, No 2: Desember 2014
Publisher : Fakultas Syariah

This research aims to analyze the changes of area designation rule of spatial law in Malang, its causes, and its implications for legal politics. This research used a juridical-empirical approach. Data analyzed using interactive and content analysis. The results showed that the changes of area designation rule of spatial law in Malang based on a factors of spatial law issues and its deviation in the field, both legal and non-legal condition. The changes of area designation rule of spatial law in Malang which are not based on the principle of good environmental governance had an impact on legal politics that not aligned the product of spatial law to both progressive law nor responsive law. It will lose its legitimacy, either philosophical, juridical, and sociological in the society.

DINAMIKA PEMBAHARUAN HUKUM KELUARGA ISLAM DI INDONESIA Setiawan, Eko
De Jure: Jurnal Hukum dan Syari'ah Vol 6, No 2: Desember 2014
Publisher : Fakultas Syariah

This article will elaborate the thought of renewing of Islamic family law in Indonesia. Family law generally is the law based on family ties. This family ties can occur because of consanguinity, or occur because of a marriage. The family relationships are very important because there is nothing to do with the relationship to the children and the parents, the law of inheritance, custody and guardianship. Basically source of family law can be divided into two kinds, namely the source of written and unwritten laws. Written source of family law is a source of law derived from a variety of legislation, jurisprudence, and treaties. While the source of the unwritten law is a source of law that grows and develops in society lifes.

ALIRAN SESAT DAN GERAKAN BARU KEAGAMAAN (Perspektif UU PNPS No. 1 Tahun 1965 dan Hak Asasi Manusia) Sumbulah, Umi
De Jure: Jurnal Hukum dan Syari'ah Vol 6, No 2: Desember 2014
Publisher : Fakultas Syariah

One typology of new religious movements in Indonesia based on the essence of teachings was the group which was considered heretical by the competent authorities, namely the Kingdom of God which led by Lia Aminuddin and al -Qiyadah al-Islamiyah led by Ahmad Moshadeq. Under Act No. PNPS 1 In 1965, the two groups were assessed deviant and criminal breaking so that the perpetrator was sentenced to a maximum of 5 years in prison. Considering the provisions contained in the ICCPR which has been ratified by Indonesia, where the law is contrary to the values of human rights which have been adopted in the constitution and legislation that produced the Reform Era. Legislation which is a product of the Old Order law has been used by New Order for restrictions and co-optation to the development of religious freedom and belief in Indonesia.

PERJANJIAN BAKU MENURUT PRINSIP SYARIAH (Tinjauan Yuridis Praktik Pembiayaan di Perbankan Syariah) Fidhayanti, Dwi
De Jure: Jurnal Hukum dan Syari'ah Vol 6, No 2: Desember 2014
Publisher : Fakultas Syariah

Nowadays many economic transactions conducted through the bank. In Indonesia, the banks can be divided into two, namely conventional banks and Islamic banks. The development of financing in Islamic banks illustrates that this product enjoyed by many people. To that end, the Islamic banking is necessary to a healthy financial services and in accordance with Islamic principles. This paper aims to assess How raw agreement according to Islamic principles and what the legal consequences of raw agreement on financing in Islamic banking for the parties. This paper uses the type of normative research to conduct legal interpretation of the material to obtain a solution to the problem. Results and discussion shows that raw raw agreement has been made legally, but do not pay attention to one of the Islamic principles set out in the acceptance of products and product distribution of funds in Islamic banking, the balance (tawÃ¢zun). Standard contract after an analysis according to Islamic principles, including the damaged or imperfect agreement because the agreement has been made legally, but there is one principle which is not fulfilled then make the agreement unenforceable. imperfect agreement did not result in legal consequences for the parties

PRINSIP KEADILAN DAN KESEIMBANGAN DALAM PENENTUAN NILAI TUKAR BARANG (HARGA) PERSPEKTIF ISLAM DAN HUKUM PERLINDUNGAN KONSUMEN Nasyiah, Iffaty
De Jure: Jurnal Hukum dan Syari'ah Vol 6, No 2: Desember 2014
Publisher : Fakultas Syariah

The Law No. 8 of 1999 about Consumer Protection Article 4 letter b said that one of consumer rights, namely the right to select and obtain goods in accordance with the exchange rate. Not found in authentic explanation regarding this exchange rate, if the exchange rate is the exchange rate that is in accordance with the agreement between the seller and the buyer, or in accordance with the production values or the exchange rate that corresponds to the price market, this then raises the question of free interpretation among the businessmen that the exchange rate is determined only by the desire of businessmen and weighing of benefits desired by businesses alone, so that entrepreneurs are allowed to set the exchange rate goods many times from the value of its production. In Islamic law is not found the rules regarding the determination of the limits of this exchange rate, but Islam is a tolerant religion, including in determining the exchange rate as the words of the Prophet Muhammad: "May Allah have mercy to a tolerant person (easy) when it sells, tolerant when buying, tolerant when fulfilling the obligation and tolerant when claiming its rightsâ€. (HR. Bukhari from Jabir)

PERSAMAAN DERAJAT TERHADAP PEMBAGIAN HAK WARIS ANAK DALAM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-VIII/2010 Abidah, Atik
De Jure: Jurnal Hukum dan Syari'ah Vol 6, No 2: Desember 2014
Publisher : Fakultas Syariah

This research aims to analyze the equality rights of biological children in the decision of the Constitutional Court of the Republic of Indonesia number: 46/PUU-VIII/2010 and its legal consequence. This research included in the normative legal research that used a statue approach and case study approach. The researchâ€™s data analyzed using preskriptive-analytic methode and hermeneutic methode. The Researchâ€™s results showed that theÂ decision ofÂ Constitutional Court of the Republic of Indonesia number: 46/PUU-VIII/2010 expand the interpretation of the concept of nasab from legalÂ children towards biological children to achieve the equality and the sense of fairness. This verdict also expand the interpretation of the evidence. The relationship between parents and their childrens can be proved with the aid of science and technology. The similarity of DNA / RNA betwen parents and their childern is the ratio legis ('illat al-hukm) that into consideration the biological children acquire the civil rights, including inheritance rights.

PROGRESIFITAS FORMULASI HUKUM EKONOMI SYARIAH DI INDONESIA Yasin, Mohamad Nur
De Jure: Jurnal Hukum dan Syari'ah Vol 6, No 2: Desember 2014
Publisher : Fakultas Syariah

The chronological journey of sharia economic law begin from a level of normative-indicative consisting Quranic verses until to be indicate that there is progressive massively. Each phase appearing indicate the axistance of intensive dialog of civilization and cultur between the law of syariah economic and the law of conventional economic. The intensive-interactive dialog appears a product of new thought reconstructively basing logic of discover (logika temuan baru) and not logic of repetition (logika mengulang-ngulang). In the middle of interconnection of economic, social, politic, and law, the writerÂ formulates four conceptual phases pharadigmatically representing long journey of syariah economic law begin from syariah era, fiqh era, qÃ¢nÃ»n era, and qadla era.

REGULASI WAKAF DI INDONESIA PASCA KEMERDEKAAN DITINJAU DARI STATUTE APPROACH Sudirman, Sudirman
De Jure: Jurnal Hukum dan Syari'ah Vol 6, No 2: Desember 2014
Publisher : Fakultas Syariah

This Article focusing on wakaf regulation in Indonesia after its independence day. The research used statute approach, it also used regulation No. 5 Year 1960 and regulation No. 41 Year 2004 as its primary legal source. In analyzing data it used three legal basis; Lex Superior Derogat Legi Inferiori, Lex Specialis Derogat Legi Generali, and Lex Posterior Derogat Legi Priori.Â Firstly, it concludes that the background of regulating the wakaf regulation in Indonesia was conducted because of public needs to a special regulation which can rules wakaf and its legal contemporary development. Secondly, the comparison of wakaf regulations regulated from post-independence until reformation era explained that in the first concept of wakaf and its implementation opportunity was realized in The Reg. 5/1960. But the concept of NÃ¢dzir firstly introduced in Gov. Regulation No. 28/1977 and established by the Indonesian compilation of Islamic Law. Thirdly, penal punishment changes, and according to statute approach analysis using those three legal basis, the Reg. 41/2004 is the most updated wakaf regulation in Indonesia.

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Contact Name
Ramadhita

Contact Email
-

Phone
-

Journal Mail Official
dejure@uin-malang.ac.id

Editorial Address
-

Location
Kota malang,

Jawa timur

INDONESIA