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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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DETERMINATION OF THE MINIMUM WAGE OF PALEMBANG CITY IN 2019 IN SYARIAH ECONOMIC PERSPECTIVE Pertiwi, Hana
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.v21i1.8355

Abstract

Islam commands people to seek a job in meeting the needs of life, in way can benefit those who seek. in this research is the study subject “ minimum wage in the city of palembang in 2016 sharia economic perspective” the formulation of the problem how the principles remuneration according to shariah economics, how the mecanism for setting the minimum wage the city of palembang in accordance with economic prinsiple, and what are the implications for the welfare of the city minimum wage workers in the city of Palembang. This research is a field research, which was conducted using qualitative. The source of this study are primari and secondary. Techniques in this study is observation, interview and documentation. The method used in this research is normative juridical approach that is supported by empirical juridical approach.
CLASSIFICATION OF AQAD IN SHARIA ECONOMIC LAW Witro, Doli; Nuraeni, Neni; Januri, Muhammad Fauzan
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.v21i1.8387

Abstract

As social beings, humans cannot be separated from each other to fulfill their daily needs. One of the relationships between one human being and another is manifested by an agreement. The agreement process is generally referred to as aqad or contract. Many parties who enter into contracts do not understand the rights and obligations they must fulfill, so even though they use the Islamic legal agreement system, the values ​​in this concept have not been fully implemented. This paper discusses the classification of aqad in sharia economic transactions, which is analyzed using the opinions of the mazhab scholars. This paper aims to explain the classification of aqad in sharia economic law. The research method used in this research is library research. In this case, the writer obtains literary sources through literature such as books, journals, and encyclopedias related to the theme being studied. This research is oriented towards discussing the urgency or importance of aqad in Islamic economic law. The data in the research are presented in a descriptive narrative way. The analysis technique used is the data analysis technique introduced by Miles and Huberman, namely data reduction, data presentation, and concluding. The results showed that aqad is an agreement in an agreement between two parties. In general, the classification is divided into two aqad/agreements, namely aqad tabarru’ and aqad tijarah.
CERTAINTY OF LAW FOR NOTARY CANDIDATES IN REGIONS THAT ESTABLISH THE LARGE-SCALE SOCIAL RESTRICTIONS IN EAST JAKARTA CITY Agung, Muhammad Maghfur; Sukarmi, Sukarmi; Sjafiie, RR. Imam Rachmad
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.v21i1.8392

Abstract

The purpose of this article is discussing the law problem that has relations to certainty of law for notary candidates in regions that establish large-scale social restrictions. WHO establish the COVID-19 as the Public Health Emergency of International Concern (PHEIC). The spread controlling of Covid-19, the Indonesian government apply several strategies, the one of strategy is Establish large-scale social restrictions. Large-scale social restrictions cause closed the office. Notary candidates apprentice become closed or get free days. The problem is counting the 24 months apprentice of notary candidates if the regions apply the large-scale social restrictions until the office of notary candidates closed for a while. This research is an empiric juridical. The result of this research that use the method above, researcher obtains the answer of the problem that certainty of law for notary candidates in the regions that apply the large-scale social restrictions based on law regulation.
STUDY OF LEGAL PHENOMENCES IN SOCIETY FROM THE PERSPECTIVE OF LEGAL RELATIONS AND POWERS Mulkan, Hasanal
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.v21i1.8454

Abstract

The type of research used is normative research, legal research which is carried out by examining library materials that use the object of writing studies such as existing libraries, books, magazines, and regulations that have a correlation in problem discussion, so this writing is also writing library (library research).Various legal facts show the existence of power possessed by the state which does not aim to provide justice for society, whereas as it is known that the state is given power by the society on the basis of an agreement (social contract) in order to provide legal protection in the form of justice, one of them is reflected in the case of farmer mistreatment in Mesuji, Lampung due to seizure of land. Because the society feels that they do not get maximum justice as the goal of law in legal philosophy, so then the society can reclaim the power they have given to the authority. As for the basis used by the community in reclaiming the power they have given to the authority, because in the concept of “pactum subjectionis”, society has formed an agreement as to who deserves to hold power. After the agreement is made, the powers given to the state are legitimated by using social facts and laws.
INVESTMENT MANAGER'S RESPONSIBILITY RELATED TO THE DEFAULT TOWARDS THE INVESTOR Ardha, Dea Justicia
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.v21i1.8458

Abstract

Mutual funds are a forum for fund owners/investors to invest their funds in securities portfolios by the Investment Manager, in other words, the investment manager has an important role in managing investors' funds. Moreover, the funds managed by the investment manager are very large, however, the regulation regarding this matter is deemed inadequate so it is not uncommon for investment managers to neglect by ignoring the rights of investors which cause investors to suffer losses and are not protected. The issues that will be discussed are how the legal protection provided to mutual fund investors and the responsibilities of investment managers who default on losses suffered by investors. Based on these issues, the purpose of this research is to find out the legal protection for mutual fund investors who suffer losses due to errors from investment managers. This research uses an empirical legal research method by using the data collection techniques through interviews. From the data obtained, it shows a form of protection that given provided to investors is in the form of opened information. The investment manager will be responsible for the losses suffered by the investors, but is not more than the fee given by investors to the investment manager. If the investors’ report is not responded to, or Bapepam’s action against the investment manager which is proven to be inadequate for investors, then investors can file a lawsuit against the law through the district court. Investors must have sufficient evidences to prove the investment manager’s negligence which resulted in losses.
THE POLYGAMY ESSENCE ACCORDING TO QURAISH SHIHAB “Reject prejudice, eliminate confusion” Syahrin, Alfi
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.v21i1.8489

Abstract

This journal discussed Quraish Shihab's thoughts about the true essence of polygamy, where Quraish Shihab considers that many groups who misinterpreted and misunderstand polygamy so that he pours his thoughts on polygamy in neutral glasses, it means he is not supporting or rejecting polygamy. By using Descriptive-qualitative approach, the researcher can describe the characteristics of the population or a phenomena in his research to measure the phenomenon of a reality with ideal parameters, in other words the reality of polygamy that occurs in a society is measured by polygamy theories in accordance with Islamic shari'a. Quraish Shihab explained in detail about the meaning, caused, requisite, and also offers the criteria of women who can be polygamous so it can being concluded that polygamy is an emergency door in the aircraft that can be opened during emergencies and follow the interruption of the aircraft crew, this door should not be closed nor should it will be opened under normal circumstances.
IMPLICATIONS FOR LOADING JURIDICAL LIABILITY RIGHTS UNDER POWER OF ATTORNEY MAKE HYPOTHEEK RIGHTS (SKMHT) PROCEDURAL DEFECTS Rustam, Riky; Suwardiyati, Rumi
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.v21i1.8496

Abstract

The credit agreement is an agreement in principal to followedby the additional treaty of guarantee. With regard to guarantees for immovable objects using mortgage rights. In banking practice related to credit agreements, it is inseparable from a power of attorney to impose mortgage rights (SKMHT). Those who have the authority to make the power of attorney are notaries. In making deeds in their daily lives, a notary is obliged to pay attention to the rules for making authentic deeds. Making authentic deeds must meet formal requirements, material requirements and external requirements in making them. If one of these conditions is not fulfilled, it can cause the deed to be degraded or decrease in the status of the deed, which was initially considered an authentic deed to become an underhand deed. In connection with the power of attorney imposing mortgage rights (SKMHT), Notaries who have cooperation with banks will make the power of attorney every day. It is possible that the number of deeds made makes the notary forget to sign the deed he has made. The signatures of the parties that are in the power of attorney already exist, but the signature of the Notary who ratifies the power of attorney is not there. This is possible until the Notary's death, the deed he has made has not been signed. If the Notary passes away and the deed he has drawn up has not been signed and a dispute arises, how will the deed be authenticated. The research objective is to analyze the authentication of the power of attorney to impose mortgage rights (SKMHT) that have not been signed by a notary public. The method used is juridical normative with a statutory approach and a conceptual approach. The conclusion of the research is that the notary of the SKMHT deed has not been signed by the notary until the Notary concerned dies, violating the formal requirements of the authentic deed This resulted in the power of attorney imposing mortgage rights (SKMHT) to be null and void by law while still giving the injured party the right to claim compensation from the Notary who had harmed the party.
ENFORCEMENT OF CRIMINAL LAW AGAINST IMPLEMENTERS OF FOREST BURNING Hayatuddin, Khalisa; Saputra, Leoman
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.v21i1.8518

Abstract

The background in this study is the rise of cases of forest fires due to the element of deliberate humanity who deliberately burned the forest for personal interests to open new land in Kayuagung District, Ogan Komering Ilir Regency. The formulation of the problem in this study are 1) How is criminal law enforcement against the perpetrators of forest fires in Celikah Village, Kayuagung District, Ogan Komering Ilir Regency ?; and 2) What are the obstacles encountered in the enforcement of criminal law against the perpetrators of forest fires in Celikah Village, Kayuagung District, Ogan Komering Ilir Regency ?. The research method used is empirical research. Data sources used in this study consisted of primary data and secondary data. Based on the results of the study showed that 1) Criminal law enforcement against the perpetrators of forest fires in the village of Celikah, Kayuagung District, Ogan Komering Ilir District has gone through a penal effort that is repressive measures of Investigation because the perpetrators threatened with imprisonment in accordance with criminal theory in applying the principle of subsidiarity and in accordance with article 99 paragraph (1) Article 108 jo Article 69 letter h Law of the Republic of Indonesia No. 32 of 2009 concerning Environmental Protection and Management and regulates criminal sanctions alternatively, namely in the form of imprisonment or only fines and 2) Constraints faced by law enforcement agencies in carrying out criminal law enforcement against perpetrators of forest and land burning, namely first, at the level of investigation, constraints faced is the limited budget support for the management of smoke disasters, the tradition of the community opening land by burning, not yet optimized community empowerment to care about smoke disasters, and the limitations of environmental expert witnesses. Second, at the level of the public prosecutor and judge, the obstacles faced are that the police have never been involved at the level of investigation, the lack of certified public guides and judges (expertise) in the field of environment especially forest and land fires, users of tools that are not of Indonesian national standards.
THE CONCEPTS AND METHODS OF DZAWIL ARHAM HERITAGE CALCULATION: Analysis and Practice: Analysis and Practice Ritonga, Raja
Nurani Vol 21 No 2 (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.v21i2.8687

Abstract

Dzawilarham is seen as a marginalized heir group. The position of the inheritance rights is a struggle between the pro and the contra among the ulama. The distribution of inheritance to the dzawilarham group by agreeing their inheritance rights opens the door of a goodness. Hifzu an-nasl (guarding descent) is one of the maqashid of Islamic law. The existence of dzawilarham as a family, relative or descendant deserves to be protected and embraced. This research is to describe the position of dzawilarham and to explain the concepts and practical methods in counting the parts of dzawilarham in Islamic inheritance. This research method uses literature study, namely conducting research on a number of references that are relevant to the discussion. The data were described and analyzed in a qualitative form. The result explain that the dzawilarham kinship pathway is bilateral, through the male route and the female route. The inheritance of dzawilarham is agreed by the majority of friends and ulamamazhab. The concept and determination of the inheritance of dzawilarham has three characteristics, mazhabahlu at-tanzil, mazhabahlu al-qorobah and mazhabahluar-rahmi. At the completion of the count of inheritance, the ahluar-rahmimazhab equalizes all the positions and the portion of the heirs. Meanwhile, the ahlu at-tanzilmazhab provides the portion of the dzawilarham according to the part of origin. While the ahlu al-qorobahmazhab completes the count of dzawilarham with the concept of inheritance of ashobah, close relatives block those who are far away. Keywords: ahlu al-qorobah, ahlu at-tanzil, ahluar-rahmi, dzawilarham, heirs
THE STATE'S RESPONSIBILITY IN THE WELFARE OF PEOPLE AND ECONOMIC RECOVERY IN THE FACE OF COVID-19 FROM THE PERSPECTIVE OF LAW AND HUMAN RIGHTS Aprita, Serlika; Anisah, Lilies
Nurani Vol 21 No 2 (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.v21i2.8940

Abstract

The Covid-19 pandemic was taking place in almost all countries around the world. Along with the increasingly vigorous government strategy in tackling the spread of the corona virus that was still endemic until now, the government had started to enforce the Large-Scale Social Restrictions (PSBB) with the signing of Government Regulation (PP) No. 21 of 2020 about PSBB which was considered able to accelerate countermeasures while preventing the spread of corona that was increasingly widespread in Indonesia. The research method used was normative prescriptive. The government put forward the principle of the state as a problem solver. The government minimized the use of region errors as legitimacy to decentralization. The government should facilitated regional best practices in handling the pandemic. Thus, the pandemic can be handled more effectively. The consideration, the region had special needs which were not always accommodated in national policies. The government policy should be able to encourage the birth of regional innovations in handling the pandemic as a form of fulfilling human rights in the field of health. Innovation was useful in getting around the limitations and differences in the context of each region. In principle, decentralization required positive incentives, not penalties. Therefore, incentive-based central policies were more awaited in handling and minimizing the impact of the pandemic.

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