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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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THE ASPECTS OF ENVIRONMENTAL LAW ENFORCEMENT IN INDONESIA AND THE IMPLEMENTATION OF INTERNATIONAL AGREEMENTS IN THE ENVIRONMENTAL FIELD IN INDONESIA Hasyim, Yonani; Aprita, Serlika
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.v21i2.8958

Abstract

Law enforcement is the process of enforcing or trying to implement legal norms as guides for traffic or legal relations in social and state life. In the environmental law enforcement system in Indonesia, there are three legal aspects described in the Environmental Protection and Management Act (UUPPLH), namely administrative law, civil law, and criminal law aspects. Where each aspect's law enforcement and law enforcement processes are distinct. The research method used was normative legal research. One component of environmental law enforcement is the use of civil law in environmental management. In the Environmental Protection and Management Act (UUPPLH) the process of enforcing environmental law through civil procedures is regulated in Chapter XIII Articles 84 to 93. In order to provide legal clarity in law enforcement, efforts are being made to solve environmental problems that emerge in Indonesia. Environmental law enforcement is an endeavor to ensure that regulations and requirements in general and specific legal provisions are followed and implemented through administrative, civil, and criminal supervision and enforcement. With the adoption of the first environmental rules, namely Law Number 4 of 1982 Concerning Basic Provisions for Environmental Management (UUKPPLH), government policy frameworks in implementing environmental law were actualized. Then, it was later replaced by Law Number 23 of 1997 concerning Environmental Management (UUPLH), which was subsequently replaced by Law Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) (Tude Trisnajaya, 2013: 2). The research method used in this study was normative juridical research, which means it was done with an eye on the laws, rules, and court decisions that were relevant to the topic. Keywords: Law Enforcement, Environment, Legal Norms, Dispute Resolution.
THE AUTHORITY OF LOCAL GOVERNMENTS IN PREVENTING AND ERADICATION OF FOREST DESTRUCTION Hidayat, Fatah; Utama, Cholidah
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.v21i2.9512

Abstract

Forest damage in Indonesia has been increasing from year to year, both forest damage caused by illegal logging, forest burning, mining without permits, and plantations without permits have caused state losses, damage to socio-cultural life and the environment, as well as increasing global warming which has become national, regional and international issues. Forest damage caused by forest fires carried out by the community both for clearing agricultural land and for plantation land, burning forests and land seems to never stop threatening the lives of people in Indonesia because most Indonesian people become farmers, especially those in the regions. who must clear forests for agricultural land. This is because local governments have the authority to regulate and limit the permits of companies operating in the forestry, plantation and mining sectors in their respective areas. Therefore, local governments must make policies and make concrete mitigation in terms of preventing and eradicating forest destruction that occurs in each region.
IMPACT ON EMPLOYEES DURING PANDEMIC BASE ON LABOR SYSTEM PERSPECTIVE Flambonita, Suci; Ernaningsih, Wahyu; Novianti, Vera
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.v21i2.9642

Abstract

The fourth paragraph at the opening of the Constitution of the Republic of Indonesia states that the Government of the Republic of Indonesia is obliged to protect the entire Indonesian nation, promote the general welfare, and educate the nation's life which is a manifestation of the responsibility of the state which is obliged to create welfare for its people fairly and equitably equally. This constitutional mandate is spelled out in the form of regulations aimed at preventing injustice from the stronger party against the weaker party so that a just and peaceful society can be created. The method used to analyze this problem is through normative and empirical mix and match. The approach used in this study is a statute approach, conceptual approach, and case approach. Legal protection for workers is an obligation for the fulfillment of basic rights inherent and protected by the constitution as regulated in Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. The logical consequence of this mandate is the birth of the State's obligation to accommodate facilities and the widest possible opportunity for the community so that they can get a job as well as make it something worthy of humanity. Thus, the violation of basic rights guaranteed by the constitution is a violation of human rights. Protection of workers is regulated in Articles 67 to 101 of the Manpower Law, including those concerning wages and welfare. However, when faced with the COVID-19 pandemic situation, the company immediately provided a force majeure reason to avoid paying severance pay for workers/laborers affected by layoffs. The problem that occurs, in this case, is the termination of employment carried out by companies using force majeure reasons by companies in Indonesia unilaterally. Keywords: Impact, Employees, Pandemic
INTERDISCIPLINARY APPROACH IN THE STUDY OF MARITAL LAW (STUDY OF THE DETERMINATION OF CHILD COSTODY) Afriyani, Silfa
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.v21i2.9738

Abstract

An interdisciplinary approach is an approach that uses various scientific fields in solving a problem. The determination of child custody is usually decided by considering the age of the child. Children who are not yet mumayiz are taken care of by the mother, but when the child is an adult, they are given the choice to live with the mother or father. Through this study, the author examines the determination of child custody according to Islamic law and the Marriage Law and by using psychology and economics. That the custody of children in care must be assigned to the right person. From this paper, the author concludes that according to Islamic law, the determination of child custody takes into account the age of the child. According to Law no. 1 of 1974 concerning Marriage, the determination of child custody before adulthood is decided by a local court judge. In psychology, the determination of child custody takes into account the mental or psychological aspects of the child. Especially in terms of the child's emotional closeness, closer to the mother or father. So that way, the child's condition will be better in living their daily lives and not getting pressure. Meanwhile, by using economics, the determination of child custody is seen from the financial stability of both parents, both from the mother and from the father. Because in carrying out child care requires financially established, so that the needs of children can be met properly. So, in determining child custody, it can not only be seen from the age of the child but can use other considerations. Keywords: Child custody, Mother, Father
WEAKNESSES OF THE NEGATIVE PUBLICATION SYSTEM WITH POSITIVE ELEMENTS IN AGRARIAN LAW IN INDONESIA Suharyono, Suharyono
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.v21i2.9765

Abstract

In the negative publication system with positive elements in agrarian law in Indonesia at the implementation level, there are still a number of weaknesses, both weaknesses from the aspect of the norms for the purpose of land registration, aspects of legal responsibility and the system of imposing sanctions. There will be 3 (three) weaknesses in the Negative Publication System (positive elements) which are used as the basis for Land Registration by Government Regulation/PP Number 24 of 1997, namely: first; the norming system because it is imperative (norm imperative) and open (openbaar norm) which provides an opportunity for other parties to prove that they are the real owners of the land, thus resulting in legal disputes that must be resolved through the courts; second; the norm of legal responsibility for BPN/Kakan Land Officials who make mistakes in the implementation of land registration is not regulated in a negative publication system with positive elements, so that BPN/Land Office officials are not legally responsible when a certificate of land rights is canceled or declared invalid by a court decision; and third; norms and system for imposing sanctions for Land Registration Officers (BPN officials) who make mistakes in the implementation of land registration in Government Regulation/PP Number 24 of 1997 is not regulated. Keywords: Negative Publications, Positive Elements, and Agrarian Law.
BUILDING COMMUNICATION BETWEEN FAMILY MEMBERS AS A FORT OF FAMILY RESILIENCE Ariansyah, Jeri
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.v21i2.9766

Abstract

This paper discusses about building communication between family members as a fortress of family resilience. The family is the basis for maintaining diversity, the family is very important to maintain the social understanding of family. As social beings, humans are never separated from communication. Communication is often a fundamental problem in one's family household relations, especially what often becomes a conflict is communication between husband and wife who lacks understanding of the concept of communication patterns in the family in order to maintain family resilience in the household. The purpose of this paper is to provide and express the concepts and principles of communication in the family so that it can be a solution on how to build communication in the family that can fortify family resilience. As for the focus in this paper is how the concept of communication patterns, communication as an ethical value to realize family resilience, communication as the realization of ma'ruf relationships in the family, the theory of ethical values ​​and their relevance to the family communication system and the concept of family resilience. This paper is included in the type of normative legal research literature (library research). By using a conceptual approach and a statutory approach. the type of data in this study using qualitative data. The results of this paper conclude that family resilience is very influential on the concept of communication in the family. By understanding the concepts and principles of communication patterns between family members, they can maintain resilience and strength in the family, so that they can realize the purpose of marriage, namely forming a sakinah, mawaddah and rahmah family as contained in the Qur'an Surah Ar-Rum verse 21. Keywords: communication, family resilience, social
ASSIMILATION AS AN EFFORT TO OVERCOME THE SPREAD OF CORONA VIRUS ACCORDING TO MINISTER OF LAW AND HUMAN RIGHTS REGULATION NO.24 OF 2021 Safithri, Hijriyana; Lubis, Ramiah
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.v21i2.9783

Abstract

The corona virus has become a global epidemic since the last two years, and Indonesia is also included in the country affected by this corona virus outbreak, especially in 2021 the corona virus outbreak is increasing, taking so many victims. Therefore, the Ministry of Law and Human Rights has extended the policy of granting assimilation rights at home for prisoners and children to reduce the density of prisoners in prisons, state detention centers and the Special Child Development Institute (LPKA). The problem is for prisoners, what are the conditions that must be met to obtain assimilation at home and what if the prisoners who have received assimilation at home commit crimes again during the assimilation period at home. The method used in this paper is a qualitative research method. That is by collecting legal materials by reading, quoting, taking notes, and studying reading materials related to research problems, especially the Regulation of the Minister of Law and Human Rights no. 24 of 2021 amendments to Ministerial Regulation Number 32 of 2020 concerning Conditions and Procedures for Granting Assimilation, Conditional Release, Leave Before Release, and Conditional Leave for Convicts and Children in the Context of Prevention and Control of the Spread of Covid-19. The data that has been collected is stated in the form of a description. The data analysis used in this research is descriptive qualitative. Prisoners will obtain assimilation if they have met the requirements contained in Article 11 and Article 45 of the Regulation of the Minister of Law and Human Rights No. 24 of 2021 and if the prisoner commits a crime while carrying out assimilation at home, he will be subject to a heavier sentence than before.
SHARIA AND HUMAN RIGHTS COMPATIBILITY IN DETERMINING THE AGE OF MARRIAGE IN INDONESIA Suwardiyati, Rumi; Rohmah, Siti; Galib, Andi Muhammad; Halim, Abdul
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.v21i2.9840

Abstract

This research aims to examine the interpretation of constitutional judges regarding the age limit for marriage, which is considered to contain compatibility and efforts to harmonize sharia and human rights principles in their decisions. This is motivated by child marriage tends to ignore the rights of children and women. Unfortunately, religious understanding and even state law often affirmed this practice. The research method used is normative juridical using secondary data. This research will analyze Constitutional Court Decision Number 22/PUU-XV/2017. This research will show the conflict between the interpretation of sharia -which has been the authoritative area of religious leaders- and the principles of Human Rights (HAM). Meanwhile, the interpretation of the judges of the Constitutional Court seems to contain discourse on the compatibility and harmony of sharia and human rights. This research reflects the Constitutional Court's approach and the petitioners' strategy to review the constitutionality of the minimum age for marriage as stated in the Marriage Law. The various approaches and arguments show that the applicant made a strategic decision by breaking a patriarchal culture and injustice before the Constitutional Court.
THE IBADHIYAH SECT: ITS HISTORY AND THOUGHTS IN POLITICS,THEOLOGY,AND FIQH Zamzami, Zamzami; Erniwati, Erniwati
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.v21i2.9949

Abstract

The purpose of this study is to illustrate that the thinking or concept of teachings adopted and applied Ibadhiyah, one of the sects of the Khawarij sect, is moderate. So that his teachings and followers still exist today in some Muslim countries. They have a high attitude of tolerance towards fellow Muslims of different sects and sects. On the other hand, the sects in the sphere of the other Kharijites which are extreme in thought and action are extinct, no longer have followers. At first, the Khawarij follower’s are Ckhalif ‘Ali bin Abi Thalib group. End then, they go out from ‘Ali group, becauce they weren’t except this reconcillied (tahkim) in Shiffin war between Khalif Ali and Guvernor Mu’awiyah bin Abi Syufyan 37H/657 M. They were against Chalif ‘Ali and Mu’awiyah, and emigrate to a village is colled “Harura”. In this village they were created self-government led by ‘Abdullah ibn Wahhab al-Hasibi. They were againt ‘Ali, Mu’awiyah, and some ckhalif after them. Then Khawarij Follower’s were spilit into several sects. The biggest sect’s: Muhakkimah, Azariqah, Najdah, Ajaridah, Syufriyah, and Ibadhiyah. Such of sect slip up to several sub-setc until twenty. All sects were extinct, except Ibadhiyah. Becauce they were smothered by legitimate Government. They have extreme thought. They carried out takfir and were a sourse of insurrection against the Goverment for centuries. The Ibadhiyah sect were moderate in thought and action. The Ibadhiyah sect exist until now in Sultanate of Oman. It’s majority and state sect in Oman. It spread in Nort Africa (Aljazair, Tunisia, and Libia) and East Africa. Follower Ibadhiyah sect there in in Yemen and Madagascar. Keywords: Ibadhiyah, History, Thought.
THE CRIMINAL ACTION OF EXHIBITIONISM ACCORDING TO ISLAMIC CRIMINAL LAW Erindia, Erindia; Dewi, Rusmala; Andriyani, Andriyani
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.v21i2.9950

Abstract

The result of this research is that exhibitionism actors can be caused by two factors, namely the first (internalinternal) factor, which is anfactor that comes from the actor's self which is seen from the psychological and biological side, the two (externalexternal) factors, namely thefactor. actors who can be influenced by the environment, there are no special factors that cause an exhibitionist because the causative factors depend on the condition of the actor and his environment. In Islamic Criminal Law exhibitionism is snared withpunishment, Ta'zir namely in accordance with the ijtihad judge's, the judge determines whether the perpetrator is guilty or not according to the conditions mentioned, in the Nash al-Qur'an and Hadith the punishment for exhibitionism has not been clearly regulated, because exhibitionist this is an issue that recently appeared or happened today and not yet known in ancient times because that sanctions exhibitionist according to the laws of this research includesresearch, empiricalwhereas the specification of this research is qualitative descriptiveanalysis,pedekatan main pursued is obtained through approaches with the law and approach to cases that occur in some areas. Keywords: Exhibitionist, Law Number 44 Year 2008 Pornography, Ta'zir

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