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Rizal Darwis
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Al-Mizan (e-Journal)
Published by Institut Agama Islam Negeri Sultan Amai Gorontalo
ISSN : 19070985     EISSN : 24428256     DOI : https://doi.org/10.30603
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Al-Mizan (e-Journal) is a scientific periodical journal published by Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LP2M) IAIN Sultan Amai Gorontalo, Indonesia. The journal puts emphasis on aspects related to Islamic law studies, sharia, Islamic yurisprudence (fiqh) and law studies with various approaches of normative, philosophy, history, sociology, anthropology, theology, psychology, economic and is intended to communicate the original researches and current issues on the subject.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 241 Documents
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Legal Protection of Marks in the Perspective of Property Rights Law Ayi Winarsasi, Putri; Orba Manullang, Sardjana; Asiyah; Adipradana Setiawan, Yogabakti; Al-Khalaf, Awad
Al-Mizan (e-Journal) Vol. 19 No. 2 (2023): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v19i2.3926

Abstract

The brand is the manufacturer's public persona, a barometer of the company's public standing, and a watershed moment in the company's overall business strategy. There's no getting around the fact that a product's brand serves as its identity; after all, it's what sets one firm apart from another. The protection of registered marks, however, is sometimes the source of intricate legal challenges that obscure the mark's true significance. The purpose of this research is to evaluate and analyze the legal protection of registered trademarks and to determine the reason of the termination of its protection using a normative juridical approach. The research uncovered a number of potential triggers for a brand's registration to be revoked, such as the end of the brand's validity period, a request for revocation by the brand's owner, ministerial initiative based on the recommendation of the brand appeal Commission, or a lawsuit filed by a third party. Once the trademark is registered, it is protected for a certain length of time that may be extended. Legal action, criminal prosecution, and administrative measures like trademark cancellation or registration rejection all serve as deterrents. Defending corporate identities through trademarks is crucial in today's period of intense global competition. This study delves deeply into the value of brands to manufacturers and the legal hurdles that must be overcome to ensure a brand's long-term viability in a competitive market. With this knowledge in hand, company stakeholders may take the necessary initiatives to establish a brand that will endure. Protecting your name and your ideas are essential.
Analisis Hukum Peningkatan Tarif Nilai Objek Pajak Tidak Kena Pajak dalam Transaksi Jual Beli Tanah di Kabupaten Jember Anggriani, Alvi; Ruslan, Achmad; Arisaputra, Muhammad Ilham
Al-Mizan (e-Journal) Vol. 19 No. 2 (2023): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v19i2.3942

Abstract

This study aims to analyze the policy of imposing acquisition value of tax objects is not taxable (NPOPTKP) tariff increases in land buying and selling transactions and the authority of the Jember district government in determining the increase in NPOPTKP rates in Jember district. This research was conducted using empirical research methods. The results of this study indicate (1) the policy of imposing an increase in tariffs of NPOPTKP in land sale and purchase transactions in Jember Regency has been regulated following with  applicable laws and following with existing regional regulations, namely following with Jember Regent Regulation Number 45 of 2021 concerning Amendments to Regent Regulation Number 38 of 2011 concerning Procedures for Collection of Fees for Acquisition of Land and Building Rights; (2) The authority of the regional government of Jember Regency in determining the increase in tariffs on the value of non-taxable tax objects has been implemented by Law Number 28 of 2009 concerning Regional Taxes and regional levies to expand regional tax objects and regional levies and to provide discretion in determining the rates to the local government considering that it is necessary to increase the tariffs of NPOPTKP in land buying and selling transactions caused by a discrepancy between the realization of tax revenues and the targets set due to non-compliance by the public in carrying out their tax obligations. The application of administrative sanctions for taxpayers who do not comply in carrying out their tax obligations should be implemented by the Regional Planning and Revenue Agency (Bappeda) so that the target of revenue in the tax sector that has been set can be achieved to the maximum.
Perlindungan Terhadap Anak Penyandang Disabilitas Pasca Putusan Perceraian Orang Tua di Kabupaten Kolaka Ramlia, Ramlia; Ratnawati, Ratnawati; Marwah, Marwah
Al-Mizan (e-Journal) Vol. 20 No. 1 (2024): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v20i1.3944

Abstract

This study aims to analyse the form of protection for children with disabilities after parental divorce and the role of the government in providing protection for children with disabilities after parental divorce. This research is empirical juridical in nature with data collection techniques derived from library research and field research. The results of this study indicate that: (1) the form of protection of children with disabilities after divorce decisions in Kolaka Regency is based on the rights of children with disabilities contained in Law Number 1 of 1974 concerning Marriage and Law Number 8 of 2016 concerning Persons with Disabilities, but has not been implemented optimally in accordance with the legislation; (2) The role of the Kolaka Regency government has not been optimal in carrying out its mandate based on Kolaka Regency Regional Regulation Number 3 of 2016 concerning the Implementation of Child Protection.
Susuan Dalam Tinjauan Tafsir Ayat-Ayat Ahkam Ramadhona, Suci; Rafiqah, Lailan; Sumanto, Dedi; Zainuddin, Asriadi
Al-Mizan (e-Journal) Vol. 19 No. 2 (2023): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v19i2.4084

Abstract

Breastfeeding is a bonding of a mother to her baby which is natural to meet the basic needs of the baby so that it can grow and develop physically and psychologically properly. Islamic teachings explicitly regulate this in the Qur'an and Hadith, which aim to make the basic life processes of a child follow Islamic law. This study aims to analyze breastfeeding (ar-radha'ah) problems, especially regarding breastfeeding of non-biological children which creates intimacy between mother and child, and contemporary problems related to breastfeeding through the verses of law in the Qur'an based on the opinion of scholars, especially commentators. The research in this paper uses qualitative methods with data collection techniques based on literature study by reading several references such as the Qur'an, hadith, books, and articles, and analyzing the opinions of commentators. The results of this study state that breastfeeding is recommended for mothers to their biological children, but breastfeeding is carried out by mothers to non-biological children, so this breastfeeding has legal implications, namely the prohibition of marriage. Breastfeeding creates friendship between mothers who donate breast milk and babies who are breastfed either through direct suction (tsadyu) or not, even if it's only one suck or by way of fair (sau'ut) which lasts for two years because this will form bones and grow flesh in the growth of the baby so that it will make marriage illegal. In ar-radha'ah include recommendations for breastfeeding, the father's obligation to provide support during breastfeeding, the permissibility of breastfeeding children other than the biological mother, and the nature of breastfeeding.
Senjata Api sebagai Mas Kawin Pada Masyarakat Adat di Pegunungan Arfak Papua Barat Caprina, Decyana; Saleng, Abrar; Azisa, Nur
Al-Mizan (e-Journal) Vol. 20 No. 1 (2024): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v20i1.4125

Abstract

This study aims to analyze the validity of firearms as dowry and the legal consequences arising from the existence of Papuan customary law in the Arfak Mountains of West Papua. This research is a normative-empirical research with a statutory approach and a legal sociology approach. The types and sources of law used in this research are primary data sourced from observation, interviews, and documentation, as well as secondary data derived from literature. Furthermore, the collected data is analyzed with qualitative description.  The results showed that: (1) the validity or legality of firearms as a dowry does not apply to the marriage of the mountain people of the Arfak tribe. This is because firearms can only be owned by law enforcement officers and security forces who have permission to use firearms; (2) the legal consequences of the enactment of Arfak tribal customs regarding the provision of firearms as dowry are considered valid because firearms are only a symbol in the customs of indigenous tribes and are considered to have historical values that have been passed down from generation to generation, and are not an aspect that cancels a marriage.
Penguasaan Harta Kekayaan Yayasan oleh Ahli Waris Pendiri Yayasan Jannah, Mustahul; Tolo, Suriani BT.; Fitriadi, Muhammad
Al-Mizan (e-Journal) Vol. 19 No. 2 (2023): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v19i2.4129

Abstract

This research aims to find and analyze the legal status of the foundation's assets controlled by the heirs of the foundation founder and analyze the role of the government in supervising a foundation. This research uses normative juridical approaches with data collection method in the form of library research. The results of the study show that: first, the foundation's assets that are personally controlled by the heirs of the founder of the foundation include unlawful acts that can be held civilly liable and can be prosecuted criminally. The assets of the foundation cannot be transferred or controlled personally because the legal entity of the foundation is the owner of the community based on the theory of legal entity; second, the role of the government in supervising the foundation based on the authority by legislation through the Ministry of Law, Human Rights and Human Rights (Kemenkumham) and the Minister of Social Affairs through the Social Service.
Kontekstualisasi Hak dan Keadilan melalui Eksepsi dalam Gugatan Rekonvensi Perkara Harta Bersama Fikri, Fikri; Aris, Aris; Saidah, Saidah; Ramadhan, Nurul Fitra; Darwis, Rizal
Al-Mizan (e-Journal) Vol. 19 No. 2 (2023): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v19i2.4144

Abstract

This study aims to explain the contextualization of rights and justice through exceptions in the counterclaim of marital property lawsuits in the Religious Court of Pinrang. The research method used is normative-legal qualitative research, with a document study to analyze Decision Number 703/Pdt.G/2021/PA Prg. Data analysis is conducted using legal enforcement theory and rights and justice theory. The research results indicate that maximizing exceptions in marital property lawsuits in the Religious Court of Pinrang ensures the protection of rights and justice for all parties involved in society. The context of responses, replies, and rejoinders during the examination of marital property cases is essential to respond to the claims and clarify disputes in society to safeguard the rights and justice of both the plaintiff and defendant. Exceptions in legal enforcement during the examination of cases allow the plaintiff and defendant to assess the validity of claims in the conventional lawsuit, while exceptions in the counterclaim provide an opportunity for the defendant to protect their rights and justice during the proceedings of marital property cases.
Potensi dan Peranan Zakat dalam Pengentasan Kemiskinan di Kota Gorontalo Syawaluddin S
Al-Mizan (e-Journal) Vol. 19 No. 2 (2023): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v19i2.4147

Abstract

This research aims to examine and analyze the potential and role of zakat in alleviating poverty in Gorontalo City. This research is descriptive research with data collection methods such as observation, interview, and literature study.  Data were analyzed qualitatively through data collection, data reduction, and data presentation. Data were validated through source triangulation and method triangulation. The results showed that the potential of zakat in Gorontalo City is quite large obtained by the National Amil Zakat Agency of Gorontalo City, which in 2021 reached 4.0 billion, but has not been maximally explored due to several obstacles, both institutionally and personally for zakat recipients (mustahik). The contribution of zakat to the Gross Regional Domestic Product of Gorontalo City from 2019 until now continues to increase, reaching an average of 10.55%. This shows that zakat can contribute well to help government programs in poverty alleviation. The role of zakat towards poverty alleviation efforts in Gorontalo City runs in several forms of assistance schemes, including the humanitarian field and the productive economic field. The implementation of zakat management by the National Amil Zakat Agency of Gorontalo City is evaluated and improved so that the achievement of the existing zakat potential can be maximally explored to achieve the maximum role in poverty alleviation.
The Implementation of Death Penalty in The Context of Islamic Law and Criminal Law in Indonesia: Challenges and Implication Suwito, Suwito; Adystia Sunggara, Muhammad; Asiyah; Utama, Liza; Beigi, Jamal
Al-Mizan (e-Journal) Vol. 19 No. 2 (2023): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v19i2.4162

Abstract

This research aims to answer how the death penalty is regulated in the context of Islamic law and positive criminal law in Indonesia by parsing the challenges and implications. This type of research is conducted with a normative approach, namely by analysing the problem through an approach to legal principles and referring to legal norms contained in legislation. The results show that the death penalty in Islam triggers controversy, where the cons argue that the death penalty does not originate from the Qur'an and Al-Hadith, but is a derivative of the history of the prophet and the Arabs; they are also concerned about human intervention in its implementation so that it is considered not truly from God. On the other hand, the pro side argues that the death penalty is God's will without human intervention. Moreover, in positive criminal law, the death penalty is used to protect the fabric of life and is considered legitimate even though every individual has the right to life. Thus, the state is considered to protect its citizens from unlawful acts.
TINJAUAN HUKUM TERHADAP KERJASAMA INTERNASIONAL DALAM PEMBAYARAN LINTAS NEGARA BERBASIS KODE QUICK RESPONSE Tomayahu, Nova Septiani; Gumanti, Retna
Al-Mizan (e-Journal) Vol. 20 No. 1 (2024): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v20i1.4171

Abstract

This study aims to analyze the law relating to the use of digitalization in cross-border payment transaction activities using a Quick Response (QR) code. The research method used is a normative juridical research method that takes and processes primary data sources in the form of Bank Indonesia regulations related to the implementation of the Quick Response Code Indonesian Standard (QRIS). The result of this research is that payment transactions using QR codes have been given a legal umbrella and even encourage the public (users) and sellers (merchants) to use them based on Board of Governors Member Regulation Number 21/18/PADG/2019 concerning the Implementation of the Quick Response Code National Standard. The use of QRIS in Indonesia is performed by scanning, which can be performed in two ways: with Merchant Presented Mode (MPM) and Customer Presented Mode (CPM). The enactment of provisions on the implementation of QRIS that can be used in payment transactions outside the territory of Indonesia is also closely related to PBI No.23/7/PBI/2021, concerning Payment System Infrastructure Operators. International cooperation for cross-border payments based on QR codes implemented by Bank Indonesia is the interconnection of payment transactions at merchants between Indonesia (QRIS) and Thailand (Thai QR Codes), and international cooperation between Indonesia (QRIS) and Malaysia (DuitNow QR Code). The institution in charge of processing payment transaction data domestically for the interconnection and interoperability of international cooperation is a switching institution.

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