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INDONESIA
Nurani: Jurnal Kajian Syariah dan Masyarakat
Published by Universitas Islam Negeri Raden Fatah Palembang
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
NURANI merupakan jurnal kajian syari'ah dan masyarakat yang diterbitkan oleh Fakultas Syari'ah Universitas Islam Negeri (UIN) Raden Fatah Palembang. Jurnal NURANI terbit dua kali dalam setahun yaitu bulan Juni dan Desember. Jurnal NURANI pertama kali terbit pada tahun 2001 dengan Surat Keputurusan Rektor IAIN Raden Fatah. Pengelola menyambut baik kontribusi dalam bentuk artikel dari para ilmuwan, sarjana, professional, dan peneliti dalam disiplin syari'ah dan kemasyarakatan untuk dipublikasikan dan disebarluaskan setelah melalui mekanisme seleksi naskah, telaah mitra bebestari, dan proses penyuntingan. Besar harapan kami, artikel-artikel yang terbitkan oleh Jurnal NURANI dapat memberikan kontribusi yang nyata dan berdampak secara luas pada perubahan paradigma positif mengenai syari'ah dan kemasyarakatan. Jurnal NURANI melakukan publikasi karya ilmiah berpegang teguh pada nilai-nilai dan etika publikasi ilmiah serta seluruh proses didalamnya dikelola secara profesional dan akuntabel. Jurnal NURANI berkomitmen akan memberikan sanksi secara tegas apabila selama proses publikasi terdapat hal-hal yang menyalahi aturan dalam etika publikasi serta norma-norma akademik.
Arjuna Subject : -
Articles 279 Documents
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OMBUDSMAN OF THE REPUBLIC OF INDONESIA SUPERVISION OF NOTARY SUPERVISORY COUNCIL Harahap, Meilisa Fitri; Efendi, Roni
Nurani Vol 20 No 1 (2020): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v20i1.5502

Abstract

Notary Supervisory Council (MPN), which is suspected of having maladministration in the form of lengthy delays in the rapporteur's certainty about his report to the notary, so that the rapporteur reports to the Ombudsman. The Ombudsman, as a government agency for civil servants, has the power to monitor service providers, including those provided by the Notary Board (MPN). The urgency of this research is to review the legality of the Ombudsman in overseeing the MPI. This research is normative and empirical legal research that uses qualitative analysis. This research shows that the MPN is authorized to supervise and supervise notaries in the provision of public services in the form of administrative services and services, so that the MPN is under the Ombudsman's supervision. The Ombudsman's completion of reports of alleged maladministration by the MPN relies on public reports and then follows them up according to the Ombudsman's authority. The Ombudsman examined and followed up the report so that the MPP immediately forwarded the decision to the notary with a written warning. Key words: Supervision, Ombudsman, the Brethren of the notary
MAQÂSHID AL-SYARÎʻAH AND HUMAN RIGHTS PROBLEMS Purnomo, Bitoh
Nurani Vol 20 No 1 (2020): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v20i1.5631

Abstract

Islam is a religion with a welfare orientation not only for Muslimsbut also for all humanity. Thus, a guide in Islam must certainly aim for goodand benefit, and vice versa. However, several guidelines in Islam haveclashed with various things including clashing with Human Rights, such asthe application of Jizyah in an Islamic government is considered contrary tohuman rights, this is because Jizyah is only required for non-Muslims (kafirDzimi) and not obliged by the Muslim community itself. Based on thebackground, this research aims to know, review, and explain how ShariaMaqashid as a method of Instinbath law such a response to human rightsproblems? This research used normative law research with the descriptiveanalytical specification. The law materials used primary, secondary, andtertiary substances. The collection of law materials in this research pursuedby conducting literature research and document studies. The main approachwas taken by doctrinal. Based on the results of this study it can be concludedthat between the Maqsidan and the realization of human rights (HAM) thereis a close and inseparable relationship. The obligation of Jizyah for nonMuslims (kafir Dzimi) in an Islamic government is precisely a form of justicethat does not contrary toward human rights, this because the obligation ofJizyah is a form of non-Muslim contributions (kafir Dzimi) as the obligationof zakat for Muslim communities towards an Islamic government. It can beconcluded that both Muslims and non-Muslims (kafir Dzimi) should not bediscriminated against in the government. Thus, this affirms that theguidance of Islam and human rights does not contradictory to one another ifcomprehensively studied with the Maqashid sharia approach. Keyword: Maqosid, fitrah, attitude
MAQASHID AL-SYARI’AH CONCEPT OF KAFA’AH IN MARRIAGE Barkah, Qodariyah; Andriyani, Andriyani
Nurani Vol 20 No 1 (2020): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v20i1.5651

Abstract

Basically, kafa'ah in a marriage is equality, compatibility or proportionality between the prospective bridegroom and bride. Kafa'ah in terms of religion is a necessity for a Muslim who is going to get married. One of the important things that must be done before marriage is considering several things such as nasab, religion, belief, profession, freedom, and property. However, nowadays, many couples do not heed the Kafa'ah criteria,and even many marriages happen between men and women with significant age difference. For example, a marriage between an old woman and a very young man, or vice versa. Considering these phenomena in the society, then the concept of maqasid al-shari'ah or the purpose of Islamic law is an important discussion to look at the marriage practices in the society. This is very much related to the protection of religion, soul, mind, descendant and wealth. This study analyzedlarge age disparity marriage practicesin Karang Endah village, by using the concept of ushul fiqh. The type of qualitative research used was ethnography. Research data were obtained through the use of some references such as books, journals, articles relating to the object under study. The results of this study indicated that a large age gap marriageoccurred in Karang Endah village wasbased on emotional factors of the couple. In Islam, this kind of marriage does not contradict the syari'ah rules, because Islam does not explicitly explain the age limit to be categorized as an adult. Therefore, referring to the concept of maqashid al-syari'ah, it could be concluded that large age disparity marriage occurred in Karang Endah village was carried out to protect religion, lives, and offspring of the couples. Keywords: Marriage, Kafa'ah, Age Disparity, Maqasid al-Syari'ah
AL MAQRIZI'S VIEW ON ISLAMIC ECONOMY AND ITS RELEVANCE TO COVID-19 PANDEMIC IN INDONESIA Suar, Abi; Meirison, Meirison; Elfia, Elfia; Hayati, Ilda
Nurani Vol 20 No 1 (2020): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v20i1.6025

Abstract

The problem of socio-economic phenomena always attracts the attention of various layers of society and individuals because the State's economic stability is the backbone of the material prosperity of the people. It will positively impact development in multiple fields. The Covid-19 Pandemic outbreak that occurred paralyzed not only humans but also paralyzed the Indonesian economy. During Al-Maqriz's life there was starvation and Inflation in the government of the Bani Mamluks in Egypt, Inflation during this period became the main attraction of researchers to make Al-Maqrizi's Economic Thought as a cornerstone of this research theory. This study aims to determine the concepts and work of Al-Maqrizi in his contribution to the Islamic Economy with his relationship with the Covid-19 Pandemic in Indonesia by using the literature study research method and field observations. He was armed with adequate experience as a muhtasib (market watchdog). Al-Maqrizi discussed the problem of Inflation and the role of money in it, a fantastic discussion at that time because it correlated two things that were very rarely done by Muslim and Western thinkers. Inflation occurring in Indonesia is still relatively stable even amid the soaring Rupiah exchange rate when compared with Inflation in the same period before the co-19 epidemic broke out in Indonesia. Keywords: Al-Maqrizi, Islamic Economy, Covid-19, Indonesia
DROP SHIPPING IN ISLAMIC ECONOMIC LAW PERSPECTIVE: E-COMMERCE STUDY INTER MARKETPLACE DROP SHIP IN THE INDUSTRIAL REVOLUTION ERA 4.0 Rasidin, Mhd.; Sidqi, Imaro; Witro, Doli
Nurani Vol 20 No 1 (2020): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v20i1.6029

Abstract

Drop shipping is a business carried out by someone as an intermediary between suppliers and customers. This business has become a big trend in the market because it has the potential to get massive profits. However, there is still an assumption that the business is not following the teachings of Islam. This research will discuss the concept of drop ship in general and the latest drop ship that becomes the current market trend, namely drop shipper between marketplaces is. This study uses qualitative research methods that are literature research. The discussion of this research will focus on normative-juridical studies given Sharia Economic Law. This research is expected to be opened insight for the drop shipper so that the profits and success of his business will be blessed by Allah s.w.t. After the data is collected, it is then analyzed using data analysis techniques, namely data reduction, data presentation, and concluding. The results showed that the drop ship business between marketplaces did not conflict with Islamic teachings, meaning that the business was following the Sharia economic agreements. The business is legal and religiously legal in the State of Indonesia. Therefore, the community must understand the business from management, systems, and payments to be following existing contracts. If the business continues to be developed, it will become a superior and growing halal business in the world. Keywords: Drop ship, E-Commerce, Marketplace, Sharia Economic Law
INTERNATIONAL TRADE DISPUTE SETTLEMENT THROUGH DISPUTE SETTLEMENT BODY (DSB) AND INTERNATIONAL ARBITRATION BODY Supeno, Supeno
Nurani Vol 20 No 1 (2020): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v20i1.6043

Abstract

The current trend in international trade is growing rapidly, along with these developments, the problems occurring in trade transactions are also increasing on the other hand the disputes arising in international trade are also increasing, under such conditions it is necessary to have greater legal role to overcome international trade issues. Several international trade dispute settlement institutions have been established but have not been well known and maximized in resolving international trade disputes whereas dispute settlement institutions play a huge role in the effort to create economic stability and world trade. Dispute resolution agencies that need special attention are Dispute Settlement Body and International Arbitration. In this article author using the goodfaith theory as the importand principle in the dispute dispute of international business. The author would like to disclose some international trade dispute settlement which becomes the choice for disputing countries so that the writer can formulate the following problem of Settlement of international trade disputes through the Dispute Settlement Body (DSB) of the World Trade Organization (WTO) and international trade disputes through international arbitration bodies. Keywords: international trade dispute, dispute settlement, Arbitration
CONFLICT OF REGULATION NORMS FOR HANDLING OF FOREIGN REFUGEES IN SELECTIVE IMMIGRATION POLICIES: CRITICAL LAW STUDIES AND STATE SECURITY APPROACHES Syahrin, Muhammad Alvi
Nurani Vol 20 No 1 (2020): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v20i1.6058

Abstract

The increasing number of asylum seekers and refugees in the territory of Indonesia has caused social disturbances, political security, and even orders in society. The number of their arrivals is not proportional to the number of settlements or placement to the recipient country (Australia). To deal with the problem of asylum seekers and refugees who enter and are in the Indonesian territory, the government issued Presidential Regulation No. 125 of 2016 concerning Handling of Foreign Refugees. This regulation does not only confirm the position of Indonesia pro against refugee humanitarian policies, but also its manufacture which is not in accordance with the legal principles of the establishment of legislation. The legal position of Presidential Regulation No. 125 of 2016 raises disharmony in the legal order (immigration) in Indonesia. Article 7 of Law Number 12 of 2011 has stipulated the order of laws and regulations that form the basis of the enactment of all legal regulations in Indonesia. The provisions of this article are in harmony with the Theory of Norms Hierarchy (Hans Kelsen) which explains that lower norms are valid, sourced and based on higher norms. However, this theory is not enacted in the formation of Presidential Regulation Number 125 of 2016, where in the body the norm is in conflict with the higher legal norms above it. The existence of this regulation has created norm conflicts which have led to the absence of legal certainty. Keywords: Presidential Regulation Number 125 of 2016, Refugees, Immigration
EXISTENCE OF KHIYAR IN ONLINE TRANSACTIONS (E COMMERCE) (COMPILATION OF SHARIAH ECONOMIC LAW) Fauziah, Fauziah; Fathimah, Ema
Nurani Vol 20 No 1 (2020): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v20i1.6063

Abstract

Along with the development of culture and technology, selling and buying of goods was in the form of exchange of one item for another, and the medium of transaction is by using money and the sellers and buyers meet in one assembly or face to face. However, with current technological developments, transactions are no longer face to face or meet in one place. With the internet network, transactions are easily carried out. One of the phenomena of transactions in the economic field is the selling and buying transactions using electronic media. This is called online transactions or e-commerce, which is transactions carried out through internet services and internet technology. Since the two parties do not meet and face to face in this online transaction, it is very prone to fraud or cheating between the two. Based on this background, the researcher is interested in examining the Compilation of Sharia Economic Law that governs the concept of khiyar which is then applied to e-commerce. The results of this study indicate that khiyar stipulated in the Compilation of Sharia Economic Law is the khiyarof condition, in which the sellers and buyers may specify the terms of the transaction, which is for 3 days. Khiyarnaqdi, in practice, is a deferred payment. In khiyarru’yah, one of the parties when shopping online may first look at pictures presented by the online store. In khiyar ‘aib, there isa suffrage of the goods, so that when the goods have been received and there isa defect in the goods, it may be cancelled or continued. And the last is khiyarghabn and taghrib, which is the suffrage when finding something wrong about the quality of the goods sold if it does not in accordance with the picture or explanation of the sellers. Keywords: Khiyar, e-commerce, Compilation of Sharia Economic Law.
THE INDONESIAN GOVERNMENT'S INTERVENTION IN MARKET PRICING (CEILING PRICE AND FLOOR PRICE) REVIEWED IN ISLAMIC ECONOMIC PERSPECTIVE Lusiana, Lusiana; Astrid, Gita
Nurani Vol 20 No 1 (2020): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v20i1.6064

Abstract

In a country’s economy, government’s role is undebatable in theories or treasury of economic thought. Through various policies concerning the public sector, the government has a significant role in driving economic growth. One of them is the government’s role in Indonesia. The government’s role in Indonesia in the economic sector is key to a more prosperous society, and it is expected that Indonesia can become a developed and developing country. The economic magnitude and problems such as demand and supply cannot be given up to the market mechanism and free of economic forces. And how the government intervenes in price fixing when a market imbalance exists. Therefore, efforts to balance the growth of various economic sectors to supply must be in line with demand. It needs supervision and regulation by the State or government to obtain balanced economic growth. Thus, the researcher is interested to study government intervention in price fixing in the market and how it is viewed from Islamic economics. The results of this study show that the form of government intervention, both directly and indirectly in price fixing in the market is to protect consumers or producers through a price floor policy. Minimum price fixing or base prices performed by the government aims to protect producers. For instance, the price fixing of grain sold by farmers. And the maximum price fixing policy (price ceiling). The maximum price fixing policy is set to protect consumers. For instance, fix a maximum price for fuel oil, fertilizer, and medicines. In Islamic economics, government intervention is divided into two parts, including interventions that are forbidden or haram, involving government’s involvement in price fixing that are not based on applicable rules or do not consider overall market’s needs. Permitted interventions, including the involvement of the government in price fixing when an emergency occurs, where a third party is required in price fixing to create justice among market participants. Keywords: Government intervention, price fixing, price ceiling and price floor
LEGAL REASONING COMPARATIVE MODEL OF ASY SYATIBI AND GUSTAV RADBRUCH Isman, Isman
Nurani Vol 20 No 1 (2020): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v20i1.6089

Abstract

This paper discusses the comparative legal reasoning of Asy Syatibi and Gustav Radbruch in their philosophical basis framework. By using a comparative analysis of reasoning models, both examine the influence between philosophical modalities and legal reasoning models developed by both legal theorists. The results of the research show that the ontological stance of Asy Syatibi is identical to transcendental-based foundationalism, while Gustav Radbruch positions himself on transcendental idealism. Meanwhile, the identification of epistemological modalities Asy Syatibi is more inclined to internal coherence, while Gustav Radbruch is influenced by the flow of methodical dualism and empirical realism. As for his axiological modality, Asy Syatibi is much influenced by maqashid ethics as a legal goal, while Gustav Radbruch is influenced by deontic ethics. Keywords: substantive induction, maqashid ethics, coherentism, methodical dualism, deontic ethics.

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