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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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Problems of a New Paradigm in the Legal Village Asset Management Nahuddin, Yusuf Eko; SA, Romli; Agung, Muhammad Maghfur
Nurani Vol 23 No 1 (2023): 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.v23i1.13373

Abstract

Independent management of village assets in order to make the village the main locomotive for the welfare of the village community is a necessity, while the purpose of this study is to find out how the new paradigm in village asset management and what is a problem in village asset management. This research method uses a type of normative legal research with a statutory approach and a conceptual approach. By collecting legal materials that are relevant to the issues raised and read and then grouped before being interpreted and analyzed using qualitative methods. This research concluded that the new paradigm in village asset management must be understood by all village asset management power holders so that village assets can be managed optimally to increase the potential source of village income so that it becomes an independent village. However, the new paradigm still causes problems including the old mindset in managing village assets and the still weak supervision in the management of village assets and the data collection of village assets that are not optimal, not to mention the conditions where inhumanity in the management of village assets by the holders of village asset management power For this reason, it is necessary to encourage technology-based village asset management management (digitalization) so that there are the same standards, the same perspective in village asset management , so as to give birth to the creativity of village asset management power holders in optimizing the potential of their village assets independently so that the village becomes a locomotive of development and equitable distribution of the welfare of the rural community.
Police Legal Responsibilityy For Crime and Thieft Involving Violence Jumadi, Jumadi; Ardha, Dea Justicia; Jafar, Abdul; Saputra, Muhammad Adi
Nurani Vol 23 No 1 (2023): 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.v23i1.14177

Abstract

The Indonesian National Police obtains a mandate from laws tasked with maintaining security and order, protecting, serving, enforcing the law and protecting the public. One of these tasks is the prevention of theft with violence crimes by the Police Resort in the East OKU. In seeking answers to this problem, the author used empirical research methods, by conducting interviews with several parties, including the East OKU Police Resort and the perpetrators of violent crimes. The results of the study suggest that, first, the things that cause theft with violence crimes are caused by two factors, namely endogenous and exogenous factors, but the causative factors that often cause theft with violence crimes in the East OKU such as economic level, low education that causes unemployment, the environment, and lack of legal awareness, and supported by situations and conditions. The second is done by using penal and non-penal effort. Prevention with Penal efforts focuses more on the repressive nature, that is, actions carried out after the occurrence of crime. The study's findings revealed the effectiveness of criminal law and policy in preventing violent stealing.
Interpretation of the Constitution on the Arrangement of State-Owned Enterprises in the National Economic System Based on the Decision of the Constitutional Court Harvelian, Agnes; Safa’at, Muchamad Ali; Widiarto, Aan Eko; Qurbani, Indah Dwi
Nurani Vol 23 No 1 (2023): 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.v23i1.17109

Abstract

The constitutional interpretation of the regulation of State-Owned Enterprises (BUMN) is still looking for the right method, BUMN as the embodiment of the constitution for the state's responsibility in managing strategic resources that are used as wide as possible for the prosperity of the people. Submission of a judicial review to the Constitutional Court regarding BUMN can show the direction of constitutional interpretation given by the judges of the Constitutional Court. This article examines whether the constitutional interpretation of SOE arrangements is in accordance with Indonesia's national economic system. The method of approach in this writing is descriptive analysis which explains and analyzes the constitutional interpretation of SOE regulations. the results of the study reveal that the constitutional court has carried out its duties in accordance with the basic principles and principles of the constitution. The Constitutional Court in every decision in the field of BUMN dominates its interpretation by using an originalist interpretation.
Legal Analysis of Ambiguity of Trademark Registration in Indonesia Gunawan, Yusuf
Nurani Vol 23 No 1 (2023): 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.v23i1.17305

Abstract

The purpose of this research is to overcome dual identities or brands that have similarities in principle or in whole for similar and/or dissimilar goods or services that go side by side where the ownership rights are obtained through trademark registration or through a decision from the Supreme Court which is protected by law. as the identity of the goods and/or services being traded. The research method used is normative juridical. The formulation of the problems in this study are: 1. How is the regulation of trademarks that are rejected for registration that have similarities in principle or as a whole; 2. How to set a registered mark with a second identity. The findings of this research are based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications (MIG) where trademarks are denied registration on the grounds of equality in principle and/or in whole for similar goods or not similar to other marks registered in bad faith belonging to other parties and the need for a second identity of a registered mark and/or a well-known mark in dealing with marks that are similar in principle and/or in whole that run side by side and required legal protection for registered marks to obtain legal certainty and there needs to be a scientific study of the proposed identities of the two brands.
Dualism of Non Litigation Dispute Settlement in Sharia Economics at Basyarnas and Alternatif Dispute Resolution Agencies Nurhasanah, Nurhasanah
Nurani Vol 23 No 2 (2023): 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.v23i2.14880

Abstract

The legal norms governing the resolution of sharia economic disputes in Basyarnas and LAPS OJK have created the legal dualism. it can be analyzed based on the choice of law, the choice of forum, and nature of the decision. This research uses normative legal methods to analyze problems qualitatively. It can be concluded that first, the dualism of resolving sharia economic disputes in Basyarnas and LAPS OJK can be seen from four aspects, namely legal sources, legal subjects, legal structures and legal facts. secondly, the POJK clause which requires the financial industry to become members of LAPS has violated the principles of choice of law and choice of forum of the parties. Third, Basyarnas' competence in resolving disputes by means of arbitration has had a legal relationship with the court to exercise executor authority, while the OJK LAPS has not. Apart from that, the OJK in this case seems very strong because apart from being a regulator, it is also an operator and even interferes with the duties and functions of the judicial power. The author suggests that legal unification is needed to create legal certainty.
The Role of Penghulu in Harmonising the Marriage Age Limit Perspective of Imam As-Syatibi's Theory Fathurrahman, Fathurrahman; Zaelani, Abdul Qodir; Syukur, Iskandar
Nurani Vol 23 No 2 (2023): 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.v23i2.16817

Abstract

The regulation of marriage age limit is contained in Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage, which is equalised to 19 years for men and women from the previous 19 years for men and 16 years for women. The Office of Religious Affairs as a government institution in charge and administratively responsible for the implementation of legal and recorded marriages is faced with the large number of early marriages recorded with Religious Court dispensation. This study aims to analyse the role of the headman in harmonising the age limit demanded by the law and the implementation of early marriage applications by the KUA in the maqāsid syarῑ'ah study of Imam As-Syatibi. This research is field research with qualitative descriptive method. Data were collected through interviews, documentation, and observation at 15 KUA sub-districts in West Lampung. The role of the penghulu in harmonising the demands of regulations and the implementation of early marriage, through three different patterns in the implementation of marriage and its recording. The first pattern is that the marriage is carried out at the same time as the dispensation application process at the Religious Court, while the recording is carried out after the dispensation decision. The second pattern is that the marriage is conducted after the decision of the marriage dispensation order while the registration is conducted at the same time. The third pattern is that both the marriage and the registration are carried out after a marriage dispensation decision that has permanent legal force.
G Gender Analysis: of Polygamy Permit Based on the Reason of Benefit: (Case Study of Verdict Number: 0779/Pdt.G/2019/PA.Pwt)" Supraptiningsih, Umi; Rahmawati, Theadora; Fauzi, M. Mahrus; Zainab, Laily
Nurani Vol 23 No 2 (2023): 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.v23i2.16937

Abstract

Case Number 0779/Pdt.G/2019/PA.Pwt is interesting to discus because int his case, the applicant's first wife allowed her husband to practice polygamy despite the fact that she can carry out her obligations as a wife, give birth, and she is not disabled or suffering from an incurable disease ( as the conditions contained in the Compilation of Islamic Law). The purpose of this paper is to examine the maslaha of the first wife in allowing polygamy. This research is classified as normative legal research, with a case study approach and some literature reviews derived from laws and regulations, books, official documents, journals, and research findings. The data sources used in this research are primary, secondary, and tertiary data sources. This research shows that the judge's consideration is based on the main reason of the applicant, husband, for asking polygamy because his wife is deemed unable to fulfill his Biological needs regularly which only fulfill for once or twice per week. Because of this, the court argue that the applicant’s proposal for polygamy has satisfied the provisions of Article 4 paragraph (2) letter A of Law No. 1 year 1974 concerning Marriage which is in line with the provisions of Article 57 letter A Compilation of Islamic. From the gender analysis, the decision did not show justice for the respondent, it was normal for biological relations to be fulfilled twice in one week, but the judge did not see the side of the applicant who experienced hypersex, however, the respondent still stated that he did not mind polygamy.
Efforts To Increase The Locally Generated Revenue of Palembang: Access To Incentives And Investment Flambonita, Suci; Samawati, Putu; Ahmaturrahman, Ahmaturrahman
Nurani Vol 23 No 2 (2023): 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.v23i2.17013

Abstract

Regional Original Revenue (PAD) is income obtained by the region, collected based on Regional Regulations by statutory regulations that are sourced from regional taxes, regional levies, separated regional wealth management results, and others including one the incentives and investment. as a measure to stimulate economic growth. If examined based on discussions with the four commissions, they approved the 2022 APBD of the Palembang City Government of IDR 3.84 trillion with a target of IDR 1.07 trillion of Original Regional Revenue (PAD). Efforts to increase investment must be supported by the development of quality infrastructure, professional apparatus, and the bureaucratic system as well as a safe and peaceful condition of the city of Palembang. The method used in this research is empirical with a statutory approach. Using the tools of analytical prescriptive analysis. To increase Regional Original Income (PAD) there are 2 (two) social implications that can be enjoyed by the region. First, the investment provides opportunities for potential economic resources to be processed into real economic forces that can encourage local economic dynamics, which in the end will also lead to economic growth and improvement of community welfare. Second, the investment will be followed by economic activities that can create new job opportunities. The availability of new jobs will certainly increase people's income and encourage the realization of prosperity and reduce poverty.
The Crime of Importing Goods Prohibited Under Trade Law Natio, Ezra; Panjaitan, Saut Parulian; Ikhsan, Rd Muhammad
Nurani Vol 23 No 2 (2023): 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.v23i2.18457

Abstract

This research focused on the restriction of specific commodities from being brought into Indonesia and the implementation of regulations aimed at tackling the illegal activity of importing these prohibited products. Analyses are conducted on secondary sources of information, including statutes, books, and periodicals, in accordance with a juridical-normative research approach and conceptual approach. The research demonstrates that the limitation on importing specific commodities into Indonesia is intended to safeguard the interests of the nation and state. The forbidden goods encompass items that have the potential to disrupt military and security, pose risks to human health, cause harm to the environment, disrupt industry, trade, and finance, and damage cultural products. The Minister of Trade Regulation No. 18 of 2021, along with the Regulation of the Minister of Trade No. 40 of 2022, clearly states the precise commodities that are prohibited. Law enforcement against importing prohibited items uses administrative and criminal penalties. The imposition of import duties and the confiscation of merchandise are examples of administrative sanctions. Criminal sanctions are governed by articles 110 and 112 of Law No. 7 of 2014, which establish the provisions for cumulative criminal sanctions and penalties. Furthermore, these enforcement measures may be harmonized with customs regulation. In general, this research provides insight into the legal mechanisms implemented to enforce the prohibitions on specific imported products in Indonesia, as well as the underlying justifications for such restrictions, to safeguard national interests.
Late Payment Fines for buying and Selling Using Shoppe Pay Latter in Sharia and Legal Studies Yuswalina, Yuswalina; Imron, Zuhdi
Nurani Vol 23 No 2 (2023): 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.v23i2.19433

Abstract

One of them is business activity using internet media that serves non-cash online buying & selling which’s offered by Shopee, namely Shopee Pay Later. Formulation of the problem: (1) What is the process for implementing fines for late payments for buying & selling using Shopee Pay Later according to Civil Law? (2) What are the fines for delays in buying & selling using Shopee Pay Later according to Fiqh Muamalah? This research is Normative Judicial research. From the results of the study it can be concluded that late payment for buying & selling using Shopee Pay Later will incur a fine of 5% of the total invoice. According to Civil Law, the issuance of fines is permissible because this’s regulated in Article 1243 Paragraph 1 of the Civil Code. Meanwhile, the provision of fines for delays in payment of purchases using Shopee Pay Later according to Fiqh Muamalah, there’re 2 opinions of scholars who’re contradictory. Opinion of scholars who support the awarding of fines, there’is no delay in the next payment. Meanwhile, other scholars don’t support, that late payment fines are included in the category of jahiliyah riba.

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