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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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REHABILITATION SANCTIONS AGAINST THE NARCOTICS USER ACCORDING TO THE PERSPECTIVE OF MAQASHID SHARIAH Andriyani, Andriyani; Dewi, Rusmala
Nurani Vol 20 No 2 (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.v20i2.6926

Abstract

The government through the law makes a policy to aggressively seek rehabilitation for the drug users. This is done in the context of tackling the abuse of narcotics in Indonesia. Thus, it is necessary to study the policy objectives based on the perspective of maqashid sharia by conducting qualitative research using secondary data. From the results of the research, the Indonesian Government has implemented rehabilitation sanctions for the narcotics user because the users are victims of other people's crimes, namely illegal narcotics dealers. If a narcotics user is given a sanction of imprisonment / imprisonment, it will have a worse impact and cannot eliminate his dependence on narcotics. Seen from the perspective of maqashid sharia, this government policy does not conflict with the objectives contained in the maqashid sharia concept, as the goal of rehabilitation which requires the users to be aware of their mistakes, so that they will become better humans both towards their God and those around him.
LEGAL REGULATIONS FOR THE GENERAL ELECTION SYSTEM IN INDONESIA FROM THE 1955 ELECTION TO THE CONCURRENT ELECTION OF 2019 Rannie, Mahesa
Nurani Vol 20 No 2 (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.v20i2.6927

Abstract

Throughout its history, Indonesia has held general elections many times from 1955 to 2019. During that long period of time, Indonesia implemented a different electoral system at each election. The arrangement of the electoral system in Indonesia always changes from time to time in each election administration. In the process of changing the laws and the regulations for every election, there has always been legal political dynamics. After the 2014 elections, there have been changes regarding the conduct of elections in Indonesia. The Constitutional Court (MK) granted the petition for a judicial review of Law Number 42 of 2008 concerning the Election of President and Vice President in 2014, so that the implementation of elections in Indonesia entered a new phase in 2019 and beyond. In 2019, for the first time Indonesia held simultaneous elections. The methodology used in this study is normative. The approaches used in this study are the historical approach, the statute approach, the legal analysis approach, and the conceptual approach. Legal arrangements regarding the conduct of elections always change, starting from the highest level of legislative regulations to the lowest (from the laws to the General Election Commission regulations, presidential decrees, ministerial regulations, or other regulations). The changes in the regulations regarding the implementation of elections in Indonesia have been present since the time of the 1955 elections until the 2019 elections. Since the implementation of the 1955 elections, Indonesia has always practiced a proportional electoral system, the electoral system that is considered suitable to be applied in Indonesia. This proportional electoral system is practiced with various modifications (both the open proportional electoral system and the closed proportional system). There are even district elements in the proportional electoral system in Indonesia, for example there are electoral districts that can be equated with districts in the district electoral system. The practice of the electoral system to be used in the elections in Indonesia is almost always subject to debate, both among constitutional law intellectuals and politics.
TRADING IMPLEMENTATION IN INDONESIA STOCK EXCHANGE, PALEMBANG BRANCH OFFICE ACCORDING TO THE SHARI’AH LAW AND BUSINESS Romziatussaadah, Romziatussaadah
Nurani Vol 20 No 2 (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.v20i2.6988

Abstract

As the largest Muslim country in the world, Indonesia is a potential market in the development of the Islamic finance industry. Investment in the capital market, which is part of the Islamic financial industry, has an important role in increasing the market share of the financial industry in Indonesia. Although the development is relatively new compared to sharia banking and sharia insurance, along with the significant growth of the Indonesian capital market industry, it is expected that sharia investment in the Indonesian capital market will experience significant growth. This study aims to explain the trading mechanism on the Indonesian stock exchange that involves Islamic stocks and to find out a review of sharia law and business in the implementation of these trades / transactions. This study uses a normative juridical approach. This research was conducted in Palembang by taking the object on the Indonesia Stock Exchange. Data obtained from in-depth interviews, literature study, and observation. Qualitative analysis can be interpreted as an explanation and interpretation in a logical, systematic and consistent manner. In connection with this, the techniques used and the nature of the data obtained from the results of their collection, can be analyzed using taxonomic analysis. This study concludes that 1) the capital market in Indonesia is categorized into two, namely a) conventional capital markets and b) Islamic capital markets; 2) The regulation regarding the Sharia capital market is so complete by the capital market in Indonesia. Starting from the Capital Market Law, the DSN MUI and BAPEPAM fatwas; and 3) The operational mechanism of the Sharia Stock Exchange has been clearly implemented and regulated in these regulations. So that capital market players already understand things that are appropriate and not in accordance with Sharia.
THE STRATEGY OF OGAN ILIR DISTRICT’S OFFICE OF POPULATION CONTROL AND FAMILY PLANNING FOR ACTUALIZING THE PROSPEROUS FAMILY HAK, Nurmala
Nurani Vol 20 No 2 (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.v20i2.7136

Abstract

This research’s purpose is to know how is the implementation of Family Planning by the office of population control and family planning, women empowerment and child protection, for reaching a prosperous family, balanced population growth, two healthy kids (DAHSAT) in Indralaya Sub-district, OganIlir District, and also to know about the success that has been done by the office of population control and family planning in Indralaya Sub-district, such as come directly to the field (jemput bola) by using dedicated car (mobilkeliling), held a family planning counseling training for health workers and village hall workers, which the goals are to be able to give good service towards family planning acceptor achievement in Indralaya Sub-district, and mainly for achievement of family planning participants that using a contraception device MKJP and NON MKJP. This research used a descriptive research method with qualitative approach, expectedly be able to examine the achieved strategy in implementation of family planning such as by family planning counseling training in Indralaya Sub-district, OganIlir District. Based on the research’s result, the amount of family planning acceptors in year 2017 – 2019 showed a success attempt, this all been done by family planning counselling implementation called communication, information, and education (KB KIE) and also doing some coachings that called by the name of Tribina, Bina Balita, Bina Remaja, Bina Lansia, in Indralaya Sub-district, but in practice it is not maximally deliver good result, because of the limited number of trained counselling workers and the lacks of equipment required, the family planning counselling also has been done in parallel with Integrated Healthcare Center (Posyandu) activities and other related activites.
LEGAL PROTECTION OF ULAYAT RIGHTS Lubis, Ramiah; Safithri, Hijriyana
Nurani Vol 21 No 1 (2021): 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.v21i1.6627

Abstract

Land is the surface of the earth which is one of the objects regulated by Agrarian Law. The new Agrarian Law must comply with the legal awareness of the people at large. Because the Indonesian people are largely subject to customary law, the new agrarian law will also be based on the provisions of customary law as original law, which are refined and adjusted to the interests of the community. Customary law is the main source in the formulation of national land laws, as the first source. In the land law, the hierarchy of land tenure rights is regulated, including the Ulayat Rights. The method used in this research is field research. Writing this research aims to describe the application of the distribution of customary land rights owned by the customary law community of the MuaraEnim district, namely Paya Angus Village and the form of legal protection for the indigenous people of Paya Angus, but because their work does not reside in Paya Angus Village. The result of this research is that the residents of Paya Angus village have obtained their customary rights in accordance with the regulations in force in the village and the form of legal protection obtained by the residents of Paya Angus village who live outside the village because they work in MuaraEnim district is not clearly explained about There is a legal basis and rules that regulate, but customary rights are recognized by law and its application refers to the Basic Agrarian Law and customary law in force in Paya Angus Village so that with an agreement from the village head, the community is still entitled to get rights. Ulayat and obliged to continuously cultivate the land
THE POLITICAL OF LAW TO THE GOVERNMENT POLICY ABOUT REMISSION Yudistira, Erik; Marsaid, Marsaid; Rochmiyatun, Siti
Nurani Vol 21 No 1 (2021): 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.v21i1.7742

Abstract

The law refers to a rule of life in accordance with the ideals of living together and the principles of justice. The content of the rule of law should be fair. Without justice, law is only formalized violence. The law is felt to be important when dealing with injustice. Through a political perspective, law is viewed as a product or output of a political process or the result of consideration and formulation of public policy. However, besides law as a product of political consideration, there is political law which is the basis or basis of policy for determining the laws that should apply in the state. As mandated by the Constitution, one of which produces a remission regulation, Remission is essentially the right of all prisoners and applies to anyone as long as the prisoner is serving a life sentence. The problem that arises is that the application of remission requirements is not in accordance with the expected objectives. Thus, the purpose of this study is to determine the implementation of remittances in Government Regulation Number 99 of 2012 concerning Terms and Procedures for the Implementation of the Rights of the Convicted; and analysis of Political Law and Government Policy on Remissions in Government Regulation Number 99 of 2012 concerning Remissions in Article 34A seen from Article 34. This type of research is qualitative using secondary data. The research results are if we look at the corners of the hierarchy of the laws and regulations stipulated in Article 7 of Law Number 12 of 2011 concerning the Establishment of Legislative Regulations, then the provisions for granting the remission of corruptors in Government Regulation Number 99 of 2012 are contrary to Article 5 of the Law on Corrections. This is because the substance contained in Article 34 Paragraph (1) a and b of this Government Regulation is a new norm that is contrary to the philosophy, objectives, vision and mission of the Law on Corrections itself which prohibits discriminatory treatment and treatment of prisoners.
TYPOLOGY OF VILLAGE GOVERNANCE ASSESSED BASED ON SOCIOLOGICAL PERSPECTIVE Flambonita, Suci
Nurani Vol 21 No 1 (2021): 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.v21i1.7913

Abstract

Along with modern developments that exist today, various polemics have emerged in determining the typology of village governance that is in accordance with the principles of legal policy (legal policy) related to the sociological foundation in the form of understanding village conditions is absolutely necessary. Therefore, a stronger State institution is needed in dealing with the rational division of tasks and authorities between the State and regions (villages). In its preparation, it is necessary to describe a sociological condition of an intact village, which is viewed from the village elements which include the village area, village life system and village administration. The method and approach used was empirical (sociological research). There were several arguments for the need to understand the condition of the village sociologically where various villages throughout Indonesia have always been the basis of community livelihoods that have autonomy in managing the governance of the population, local institutions and economic resources with all the local wisdom possessed by local Indonesian communities. Furthermore, the regulation on village governance is intended to respond to the globalization process marked by the liberalization process of information, economy, technology, culture, etc.
THE AUTHORITY OF THE VILLAGE CHAIRMAN IN DRAFTING VILLAGE REGULATIONS Wahyudi, Teguh Fidiah; Izomiddin, Izomiddin; Budianto, Kun
Nurani Vol 21 No 1 (2021): 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.v21i1.7924

Abstract

The issuance of.The Constitution Number6 2014 concerning Villages, hereinafter referred to as the Village Law, becomes a starting point for the village's hopes to be able to determine its position, role and authority over itself. The hope is that the village can be socially powerful and politically sovereign as the foundation of village democracy, as well as being economically empowered and culturally dignified as the face of village independence and village development. This hope is even more exciting when the combination of recognition and subsidiarity principles appears as the main principle that becomes the spirit of this law. Village Law Number 6 of 2014 concerning Villages supported by PP. 43 of 2014 concerning Implementation Regulations of Law Number 6 of 2014 concerning Villages, discusses the process of making Village regulations which are also regulated in the Minister of Home Affairs Regulation No. 111 of 2014, the formulation of the research problem wanted to know the process of making Village regulations according to The Constitution Number6 2014 concerning Village, the fund wants to know the authority of the village head in drafting village regulations in Ulak Pandan Village and Tanjung Pinang Village, Kecamata. West Merapi, Lahat Regency. based on The Constitution Number6 2014concerning Village, the theory used is the theory of coordination from Inu Dating, the methodology used in this research is descriptive analysis or qualitative research design with a case study model. In conducting this research the author uses a type of field research (Field Research), the result of this research is that the process of drafting village regulations in Ulak Pandan Village and Tanjung Pinang Village, District West Merapi, Lahat Regency is in accordance with The Constitution Number6 2014 on Villages which is supported by PP No. 43 of 2014 and Minister of Home Affairs Regulation No. 111 of 2014, drafting village regulations.
ISSUE OF GRANT PROPERTY WITHDRAWAL IN ARTICLE 712 OF SHARIA ECONOMIC LAW COMPILATION AND ARTICLE 212 OF ISLAMIC LAW COMPILATION Junaidi, Junaidi; Surahmi, Mila
Nurani Vol 21 No 1 (2021): 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.v21i1.7977

Abstract

Grant is a unilateral agreement by a grantor that is carried out by the grantor to the grantee who gives goods free of charge to the grantee. This grant is carried out between the grantor and the grantee is still alive and well. In practice, there were many cases where grants were revoked or withdrawn by the grantor for certain reasons. Therefore, this study was conducted to determine the law of withdrawal of grants by the grantors. The research method used is juridical normative and the approach method used in the research is the library research approach. In Article 712 of the Sharia Economic Law Compilation explains that the grant property can be withdrawn by the grant if the grantee approves, whereas, in Article 212 Islamic Law Compilation, the grant cannot be withdrawn under any circumstances, except for a grant related to his child. issue of the difference between the withdrawal of grant property found in the Sharia Economic Law Compilation, if the grantee agrees and voluntarily returns the grant property that has been received and in the Islamic Law Compilation, the grant property can be withdrawn, namely a parent's grant to his child, this is because the grant property can be counted as inheritance as stipulated in Article 211 of Islamic Law Compilation. These two compilation laws are used and applied in the Religious Courts to resolve disputes for Muslim parties.
PROFIT EQUALIZATION RESERVE AND DSN MUI NO: 127/DSN-MUI/VII/2019 IN MAQASHID SYARIAH PERSPECTIVE Safitri, Nurfala; Maftukhatusolikhah, Maftukhatusolikhah
Nurani Vol 21 No 1 (2021): 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.v21i1.8340

Abstract

This study aims to analyze the application of Profit Equalization Reserve (PER)and its relationship with the DSN MUI fatwa NO: 127 / DSN-MUI / VII / 2019 in the view of maqasid sharia.PER is used to maintain the competitiveness of yields in Islamic banking. The reserve fund can be used when the sharing of financing results goes down. That way, depositors' interest is maintained, because the reduced profit sharing can be covered with reserve funds. Based on existing sources, the authors argue that PER can be applied in the Islamic economic financial system as long as it does not violate existing regulations. However, the application of PER is not only applied to Islamic banking but also applies to the sukuk wakalah bil al istithmar.This is evidenced by the existence of the term PER which is allowed in DSN MUI NO: 127 / DSN-MUI / VII / 2019 concerning Sukuk wakalah bi al-Istithmar. The reason for the inclusion of PER in DSN MUI NO: 127 / DSN-MUI / VII / 2019 is because the result of the consideration of the meaning of Wakalah bi al-Istithmar is the wakalah contract to invest and develop Muwakkil's assets either in return (Wakalah bi al-Ujrah) or without compensation(Wakalah bi ghairi al-Ujrah).

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