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Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum
Published by Universitas Islam Negeri Sunan Kalijaga Yogyakarta
ISSN : 08548722     EISSN : 24430757     DOI : 10.14421/ajish
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
2nd Floor Room 205 Faculty of Sharia and Law, State Islamic University (UIN) Sunan Kalijaga, Marsda Adisucipto St., Yogyakarta 55281
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Articles 609 Documents
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Rekontruksi Asas Perbuatan Melawan Hukum (Onrechtmatigedaad) Dalam Gugatan Sengketa Konsumen Tanaya, Velliana
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47 No 1 (2013)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v47i1.65

Abstract

In a dispute over consumer protection, the plaintiff in this case is that consumers do not necessarily use the basic claim (posita) with the construction of Tort, but need to be reviewed again is there any legal relationship between consumers and business actors. If there is any relationship between the consumer and an entrepreneur based on contract thus the claim is based on breach of contract and if the consumer complaint using the qualification of tort, then the contractual relationship is not required. It is necessary to reconstruct the lawsuit to avoid an obscuur libel lawsuit which will end up to be niet ontvantkelijkverklaard.
Analisis Putusan Pengadilan Yang Mengembalikan Barang Bukti Dalam Tindak Pidana Di Bidang Perikanan Rifai, Eddy
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47 No 1 (2013)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v47i1.66

Abstract

This study examines the return of court evidence in criminal acts in the field of fisheries. Type a descriptive study using the analytical approach of normative juridical approach and empirical jurisdiction. The results showed that the court ruling that restores used boats evidence of a crime in the field of fisheries compassionate grounds because the ship is the sole property of the convict to earn a living to feed their family law is not based on a logical construction. Against the perpetrators as well as ship owners should ship seized evidence to the state, while the evidence may ship returned to its owner by legal construction that ship owners not guilty conspiracy or involved in crime. Perspective court against criminal case evidence in fishing is to use the legal construction under the provisions of the legislation that provides protection to the owner of the evidence in criminal cases throughout the legislation does not specify otherwise. Therefore Fisheries Act determines that the evidence in the criminal case in the field of fisheries can be taken to the state or to be destroyed, then the judge should seize the evidence for the state if the offender is also the owner of the evidence, but if the evidence is that other people have not involved in the crime (no conspiracy between actors with the owner of the evidence), the evidence can be returned to the owner of the evidence.
Pemungutan Pajak Bumi Dan Bangunan Oleh Pemerintah Kota Yogyakarta Kritik atas Peraturan Daerah Kota Yogyakarta Nomor 2 Tahun 2011) Hakim, Faisal Luqman
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47 No 1 (2013)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v47i1.67

Abstract

Since the enactment of Law Number 28 Year 2009 voting Land and Building Tax (PBB), which is the authority of the central government turning to local authorities. So that local governments can levy the PBB must have a local regulation as its legal basis. Actually it is very potential to be able to provide improvements to the original income (PAD). Unfortunately, not all areas are ready to implement. From 492 existing local government, only about 245 local governments that already have a regulation of PBB, 64 local governments are still in the process and 183 local governments have not compiled at all. Local governments are already doing PBB since in 2011 only Surabaya City Government, then in 2012 increased 17 local governments (including the City of Yogyakarta), and in 2013 there are 113 local governments plan, and in 2014 there will be 117 local governments. To be able to pick up PBB Yogyakarta Government issued Regulation Number 2 of 2011, but the contents of this legislation still needs to be improved because there are chapters that give rise to many interpretations, there is also the use of the word/term is confusing and unclear, the inclusion of legislation as a basis law is no longer valid, and there is a conflict with the legislation higher. The articles need to be improved such as in the section 3 Given the points, then Article 1 paragraph 15, Article 1 paragraph 16, Article 1 paragraph 17, and Article 1 paragraph 18, Article 4, Article 16, Article 29, Article 34 , and Article 36.
Restorasi Hukum Di Indonesia Bakar, Abu
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47 No 2 (2013)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v47i2.68

Abstract

The history shows that the collapse of a country does not occur suddenly. There is a long process that preceded it. The collapse as a process could be prevented when supported by a strong, responsive, and authoritative state leadership. Therefore, the collapse of law in a country can be regarded as the most valid sign of deteriorated leadership quality of the ruling regime in the country. A big, strong, and democratic country is always busy making the laws as commander (ahk?m al-h?kim). If the laws are consistently enforced as the commander, they would appear to be stone, sand, and cement for the robust state building. Conversely, when the laws are treated as a tool of power, they will be present as coal, oil, and fire for the destruction of the entire buildingstructures of the country itself.
Pembaharuan Kitab Hukum Dagang Indonesia : Antara Kodifikasi, Kompilasi dan Konsolidasi Budianto, Agus
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47 No 2 (2013)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v47i2.69

Abstract

Renewal of the Wetboek van Koophandel (KUHD) is a Dutch colonial products a lot of problems. Although it has been stated in the National Legislation Program (Prolegnas) 2009 - 2014, but the number of regulations that have been removed from the KUHD, make arrangements of commercial law substance of overlapping, contradictory and there’s a double substance. Therefore, to use renewal by the compilation method will be very ineffective, because when done harmonization, the many provisions that will be removed for united. When using the compilation method,  will be in trouble to do the grouping of the material. Other methods are consolidated with Civil Code (KUHPerdata) Book III, to unify the principles and legal principles of legal trade into the agreements of law.
Perbandingan Sistem Hukum Perlindungan Anak Antara Indonesia Dan Malaysia Jauhari, Iman
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47 No 2 (2013)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v47i2.70

Abstract

This paper aims to compare child protection law between Indonesia and Malaysia especially in terms of family law (marriage), child definition and age limit, as well as other foundational principles. Content analysis method of a variety of relevant references is used and a comparative approach to child protection law in Indonesia and Malaysia is taken. There are many similarities between child protection law in Malaysia and Indonesia, in which both systems specify the state, family, and parents responsibilities towards children. Also specified are handling of child’s position, guardianship, rearing, adoption, religion, and abandonment. In addition, special protection such as maintenance, recovery, custody, care, investigation, nursing, education, prevention of economic exploitation, prevention of sexual abuse, prevention of child torture, and disability treatment are also included. This paper concludes that in Malaysia child protection law has been fully synthesised in Children Act of 2001 (Act 611), while in Indonesia child protection law is scattered in a number of laws related to children including the Child Protection Law.
Islam Dan Pencarian Identitas Politik (Ambiguitas Sistem Khilafah dalam Institusi Politik Islam) ma'shum, ma'shum
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47 No 2 (2013)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v47i2.71

Abstract

Often excessive if Muslims presupposes a past glory rests only on thecaliphate system as Khulaf?u ar-r?syid?n and then refer to it as (the only) areaideal representation of the Islamic state without going through the lengthy studyand adequate correction. One important note that the formulation of systemleadership be after the Prophet has inspired the formulation of a long and contentious in the Islamic system of government with reference to the spirit that they built through the first three principles, namely, emphasizing deliberationin solving political and social issues. Secondly, giving priority to be a leader tothe people who have and are accepted by most people, and the Third, by thepublic statements of loyalty in following their leadership expressed in the formof initiation.
Konsep Negara Dan Pemerintahan Dalam Perspektif Fikih Siyazah Al-Gazzali Sahri, Sahri
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47 No 2 (2013)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v47i2.72

Abstract

As one of the most comprehensive Islamic thinkers in the realm of thought, al-Gazz?l? to be one of the points of references to Islamic thought in this day, including in this case is about the concept of state and government. This article wants to show the wealth of thought of al-Gazz?l? relates to state and government. According to al-Gazz?l?, the political power and religion has a very strong interdependence. This case he is expressed in terms of ad-d?n as?s wa a?-?ul??n h?ri? (religion as a basis and sultan or the country as a protector). Thus, al-Gazz?l? firmly stated that the construct of the state and the government is demand of religion (min dar?riyy?t asy-syar’i) that can not be ignored (l? sabi?la il? tarkih). Furthermore, in this article, showed that al-Gazz?l? considers the Imamate or the government is a successor of the Prophet. It’s because of his function that inheren with the religious issues, so the caliph in running his government is regarded as a saint (muqaddas). About the source of authority of power, alGazz?l? considers that it is not a God given (theocracy) but by the support of the wider community represented by people who are influential (‘ahl asy-syawka) and followed by other people. Al-Gazz?l? stressed that the rise and fall of a ruler depends entirely to the presence and absence of support from the community (Muslims). So, in this case, al-Gazz?l? is differ with the mainstream paradigm of Shiite and also does not have a fatalistic paradigm (Jabariyah).
Tauhid Dan Hukum Tentang Bangsa-Bangsa (Telaah atas Pemikiran Ismail Raji Al-Faruqi) Sirait, Sangkot
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47 No 2 (2013)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v47i2.73

Abstract

For al-Faruqi, Islam is an-all encompassing ideology, the primeryidentity of aworld-wide community of believers and the guiding principle forsociety and culture. This approach, this wholistic Islamic world-view, is embodiedin a life and career in which he wrote extensively, lectured and consulted withIslamic movements and national governements and organized Muslims in bothAmerica, for instance, and internationally. Al-Faruqi, who saw the world throughthe prism of his Islamic faith and commitment, focused on issues of identity,history, belief, culture, social mores and international relations. Al-Faruqi, waspreoccupied with the specific scheme of Urubahor Arabism. He described Arabism as an Arab stream where the Arabness, in fact, animates that stream andgives it momentum and provides them with their language, culture and religion.From this, he light the conceft of ummah as basis of the concept of state inwhich there are peole who has rights and duties. His pax Islamica which stoodon his arm was never conceived as monolithic society in which Islam alone predominates. To enter into the paxIslamica never meant coversion to Islam,but entry into a peacepul relationship where ideas are free to move and men arefree to convince and be convinced. Indeed, the Islamic state put all its resourcesat the disposal of all believers.
Bukti Empiris Nilai Ekonomik Pada Pengumuman Daftar Efek Syariah (DES) Di Indonesia Hanafi, Syafiq M.
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47 No 2 (2013)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v47i2.74

Abstract

This article attempt to study about the impact of Islamic ethical investment in Indonesia. The method of this research by event study of the announcement of the list of syariah stock. I argue the announcement of stock has economic value by signalling hypothesis, criteria selection hypotesis and price pressure hypothesis. The research finding show that the information of announcement of the list of syariah stock has economic value by positive reaction at the day.

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