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YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Published by Sekolah Tinggi Agama Islam Negeri Kudus
ISSN : 19077262     EISSN : 24775339     DOI : 10.21043/yudisia
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Artikel yang diterima dan diterbitkan dalam Jurnal YUDISIA harus masuk dalam lingkup keilmuan bidang hukum dan hukum Islam. Bidang hukum mencakup (tapi tidak terbatas pada bidang) : hukum materiil dan formil, tinjauan hukum dari aspek politik, sosial, ekonomi, antropologi, psikologi. Bidang hukum Islam mencakup (tapi tidak terbatas pada bidang) : fiqh, ushul fiqh, masail fiqhiyyah serta masalah fiqh kontemporer.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 391 Documents
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The Constitutional Law Research Trends and Plagiarism Problem in State Islamic University Suntana, Ija
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 10, No 2 (2019): Yudisia: Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (844.746 KB) | DOI: 10.21043/yudisia.v10i2.5654

Abstract

The objective of this research was to find out research trend in constitutional law area as well to map research procedures in the said area and its projection in the future. Bibliometric analysis was applied, using 80 theses as sample from constitutional law bachelor degree student theses data base, with time range from 2013 to 2017. The research result shows that the Constitutional Law students gave extra preference to legislation studies rather that other subject. In methodological matters, the trend shows that most of research used descriptive methodology (45%) and only few utilized comparative methods (6%). At least 41 concepts were chosen by the students, with top four concepts are the enactment of regulations, the implementing regulations of Acts, the local government regulations, and the enactment of an article. The less chosen concepts are international law/regulations and state treasury management. From research originality aspect, by using Turnitin application, there are 28 theses that have similarity indication with previous researches (with various typologies) and 52 theses are acceptable.
Putusnya Perkawinan karena Kematian sebelum Terjadinya al-Dukhūl; Masa ‘Iddah dan Kaitannya dengan Kaedah Taqdīm al-Naŝála al-Qiyās Marsal, Arif
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 8, No 2 (2017): Yudisia
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (512.391 KB) | DOI: 10.21043/yudisia.v8i2.3236

Abstract

Qiyas which issahih is hujjah that has been accepted in the stipulation of law. The position of Qiyas in fuqaha’s understanding is as the source of law after Quran , Hadits and Ijma’. Nonetheless sometimes in practice,some of the fuqaha’ do not search and steep in detail dalil before they actually go inside the qiyas’s method in istidlal.The issue of the divorcebecause of the quietus before the occurance of jima’(qabla al-dukhul) is becoming part the writer’s object to be analized wether the effect is the same and it can be qiyas with the divorce (life divorce), which both of them occured before the jima’ (al-dukhul). The writer’s found that the Qiyas can not be prevailed in this issue because it is found that there’s a specialite dalil from nash. Which elucidates each of the law and it specifies that nash come first compare to the notion/opinion and lid for the ijtihad and qiyas toward the issue of the nash that has been described.
MERAJUT NALAR FIQH KONTEKSTUAL Sanusi, Sanusi
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 6, No 2 (2015): YUDISIA
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (435.948 KB) | DOI: 10.21043/yudisia.v6i2.1470

Abstract

The notion of contextualization of Islamic law is a form of initiative actualization of the value substance of Shari’ah ideals that in the elucidation and formulation of law put forward in the consideration of social reality. In reality, the change is a necessity; everything flows with the current developments and the changing times. Included in it, that social problems continue to grow and need to find the solution that is able to accommodate it answers. The starting point of this idea is oriented to the concept of Islamic law dimension to the social reality as a framework to formulate a foothold in the building of Islamic law. Benefit in this context being the point of important points that are the foundation of contextual understanding. The consequence of the contextualization of the idea of Islamic law (fiqh) is a framework methodology of ijtihad trying to connect with a variety of approaches, both historical approach, social, cultural, legal and others. Purity is important view of Islamic law (fiqh) for most groups of Muslims as a legacy of its history and the results of intellectual work that is constructed over a century ago should be viewed proportionally, so it will be protected from static understanding of patterns, exclusive, frozen and stiff.
PEREMPUAN DAN ISU POLIGAMI DI INDONESIA Kushidayati, Lina
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 9, No 2 (2018): Yudisia: Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (353.831 KB) | DOI: 10.21043/yudisia.v9i2.4768

Abstract

This article describes the contributions given by Indonesia womento the family laws, especially the issue of polygyny/polygamy. This is a historical research aims at providing a balance perspective on womenresponses upon the enactment of Islamic family law in Indonesia.Despite the socio political condition which limited women‘s role inpublic, Indonesian women were actively contributed to the debateconcerning family law issues, such as polygamy. Arguments given byfemale scholars and activist could not be separated from their sociopolitical background. This is a historical research aims at understandingthe role of Indonesia women in negotiating polygamy in public sphereand their ways of promoting their views and opinions. Data arecollected through library research and then analyzed in order to find thepattern of argumentation and contribution given by women in polygynyissues.
PENGUATAN PERAN HAKIM PENGADILAN AGAMA DALAM PENYELESAIAN SENGKETA PERBANKAN SYARIAH PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 93/PUU-X/2012 Nurhayati, Siti
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 7, No 2 (2016): Yudisia
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (580.888 KB) | DOI: 10.21043/yudisia.v7i2.2157

Abstract

The Constitutional Court has agreed to annul the explanation of Article 55 (2) of the Law No 21 of 2008 on Islamic Banking. This explanation has caused conflict of dualism in the litigation process of default ad fraud cases of Islamic Banking. Previously, both Religious Court and Civil Court claim to have the competency to settle cases of Islamic Banking although according to Article 49 of the Law no 3 of 2006 on Religious Court the right has be granted to Religious Court. After the Counstitutional Court‟s decision, there should be no choice of forum in settling the cace of Islamic Banking. Thus, judges of Religious Court need to prepare for this.  
Pancasila sebagai Dasar Pembangunan Hukum Di Indonesia Ismayawati, Any
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 8, No 1 (2017): Yudisia
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (276.639 KB) | DOI: 10.21043/yudisia.v8i1.3231

Abstract

This paper aims to examine the urgency of Pancasila in the National Law Development Therefore, why Pancasila should be guided in every formation of law in Indonesia. How does the philosophical foundation of Pancasila use as a guide in the development of national law and what its juridical basis.Pancasila is the ideology of the Indonesian nation, is a crystallization of the noble values of the Indonesian nation derived from religious values and customary values, believed to be true, and became the basis and guidance of the behavior of the Indonesian nation in the life, nation and state. Based on that, Pancasila becomes the philosophical foundation of the development of national law because the law can be enforced and effective if the law is based on religious values, customs values and state law. In addition, the foundation of the Pancasila state is the source of all sources of law in Indonesia so that it becomes the necessity of Pancasila as the philosophical foundation in the development of law in Indonesia.the legal basis for the use of Pancasila as the foundation / guideline in the development of national law is included in Law Number 10 of 2004 on the Establishment of Legislation which is later enhanced by Law Number 12 Year 2011 on the Establishment of Laws and Regulations. In Article 2 of Law Number 12 of 2011 explicitly stated that Pancasila is the source of all sources of law. the contents of Article 2 implies that in the formation of any legislation should not conflict with the values contained in the principles of Pancasila
PERADILAN AGAMA DI INDONESIA R, Ahmad
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 6, No 2 (2015): YUDISIA
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (461.066 KB) | DOI: 10.21043/yudisia.v6i2.1374

Abstract

Religious Court in Indonesia has a long history in accordance with the history of Islam in Indonesia. This article portrays the development of religious court on Indonesia since the era of Islamic kingdom until the New Order era.
ANALISIS TENTANG HUKUM PERPAJAKAN DI INDONESIA MENURUT HUKUM ISLAM Santoso, Suhadi dan
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 4, No 1 (2013): Yudisia
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v4i1.679

Abstract

Tax law in Indonesia has a clear hierarchy in order: the 1945 Constitution, the Bill, Government Regulation, Decree of the President and so on. This hierarchy is executed strictly. Lower level regulations must not conflict with higher-level rules. Taxes are one of the country's financial problems. Regulation used by government to regulate the country's financial problems, is Article 23A of the 1945 Constitution (taxes and other fees for the purposes of coercive state governed by law). Contrary to the efforts and hard work of director general of taxes, and of course the taxpayer compliance in meeting their tax obligations, was the careless use of the tax revenue as they should. Money that has been collected with great difficulty, is not used wisely, especially taking into account the priorities and multiplier effects. It seemed the money is used for business-related allowances for state officials. In this regard, Islam as ad-din (religion) has set rules governing the procedures of the relationship between man and al-Khaliq (God) and relations among humans (mu'amalah) in all aspects. These aspects are economic, political, social, cultural, state defense and security, technology and others. In the economic field (majal iqtishadi), Al-Quran and Hadith regulate how individual and state gather income (mawarid). This is also to fulfill the various needs of all human (collective). These include both personal needs and the needs of the country. Fulfillment of various requirements is necessary to devoted completely to God.Tax (dharibah) is one form mu'amalah in economics, as a means of fulfilling the needs of the state and society to finance public needs such as safety, health, and education. Even though the tax is allowed by ulama, the implementation should be in accordance with Shariah guidelines. Otherwise, the tax would come out of the track as a means of meeting the needs of the state and society rather become oppressive tool of the ruler to the people. Keywords: Tax Law, Tax, Islamic Law.
BENTUK-BENTUK JAMINAN SOSIAL DAN MANFAATNYA BAGI TENAGA KERJA DALAM HUKUM KETENAGAKERJAAN INDONESIA Abdullah, Junaidi
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 9, No 1 (2018): Yudisia
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (130.307 KB) | DOI: 10.21043/yudisia.v9i1.3676

Abstract

Labor in carrying out his work certainly has arisk of risk thatis likely to occur to the worker himself, both the risk o illnessresulting from his job, the risk of accident, the risk ofdisability, the risk of losing his jib and even the risk of death.Social security for the labor is a protection and will providebenetits for thr laboritself and for the family from unexpectedthing due to the risk possed in carrying out their work.Forms of social security for workers include : work accidentinsurance, old age insurance, pension insurance and lifeinsurance.
Mahkamah Syari’ah di Nanggroe Aceh Darussalam: Dalam Lintas Sejarah dan Eksistensinya Aini, Qurrotul
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 7, No 1 (2016): Yudisia
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (836.361 KB) | DOI: 10.21043/yudisia.v7i1.2132

Abstract

Decentralization has opened the space for the establishment of local regulation that triggered public debate whether the localregulations can be justified within the framework of the Unitary State of Republic Indonesia or not. Among the local regulations, there is a phenomenon of 'Sharia Politics' especially in Nanggroe Aceh that its socio-history and socio-cultural of Aceh has a distinctive Islamic tradition. This research is based library research and relies on libraryresearch.The data taken is the literature data by content analysis method. It discusses: first, how should we observe the autonomy and the implementation of Islamic justice in Aceh? Second, why does the issue of Sharia Islam play an important role in the political struggles in Aceh? Third, howgood is the practice of Islam Sharia there? The result of this research can be concluded; first, to determine theautonomy and the implementation of Islamic justice in Aceh, it should beexamined the roots of history since the pre-colonial era to the independence and socio-cultural era. Second, the process of transitionfrom the Religious Court to the ShariaCourt establish some regulation or Qanun related to institutions and procedures and categories of Sharia law that within the framework of the Indonesian legal system. Third, during the problematic era of Islam Sharia’s practice, if it did not take seriously and critically thinking, the prospect of Islamic law practice in Aceh would be bad. Because not all Islamic Law can be copied and translated into legislation and article as those applicable in the system of modern governance.

Page 9 of 40 | Total Record : 391

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