JURNAL MAHKAMAH
Jurnal Mahkamah adalah Jurnal Ilmiah Berkala yang memuat artikel hasil penelitian mupun artikel konseptual di bidang Ilmu Hukum dan Hukum Islam. Jurnal Mahkamah diterbitkan oleh Fakultas Syaria'ah Institut Agama Islam NU (IAIM NU) Metro Lampung. Redaksi membuka kesempatan kepada para Kademisi, Dosen, Peneliti, Guru, Mahasiswa dan LSM untuk berpartisipasi dalam mengembangkan wacana Ilmu Hukum dan Hukum Islam yang humanis dengan karyakarya aspiratif, progresif, integratif dan interkonektif.
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<![CDATA[THE EMPOWERMENT OF ISLAMIC COOPERATION IN POVERTY REDUCTION IN INDONESIA ]]>
<![CDATA[Azizah, Siti Nur]]>
<![CDATA[ Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 1 No. 2 December (2016) ]]>
Publisher : <![CDATA[Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung ]]>
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DOI: 10.25217/jm.v1i2.43
<![CDATA[Talking about poverty is never-ending, because poverty did not go to the completion of the skinning community. Poverty is a disease that bite people thinking of the community in terms of power, way of life and will even be a bottomless do anything to get out of poverty. Indonesian as a country that has a community with a strong national identity, it should not come to fall to the things that will bring in contemplation. The government must be intervene in maintaining national identity since eroded grinding poverty, economic transactions are increasingly siding with the bourgeoisie. Through empowerment Islamic patterns for the general public seems to be a necessity. Through cooperatives as one of the institutions that are rooted in the community seem to be easily absorbed by the public. Especially in the era of globalization that has sunk this nation's economic order to make the national identity civilized taawun society and work together in achieving a common goal; social welfare is a right for the people of this nation become faded.]]>
<![CDATA[AHLI WARIS PENGGANTI MENURUT HAZAIRIN ]]>
<![CDATA[Iwanudin, Iwanudin]]>
<![CDATA[ Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 1 No. 2 December (2016) ]]>
Publisher : <![CDATA[Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung ]]>
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DOI: 10.25217/jm.v1i2.44
<![CDATA[Hazairin is one of the clergy indonesia living in the all 20 M, one of the results of his mind was on the heirs a substitute for.The concept of the heirs replacement is a ijtihad done by hazairin in order to give solutions from trouble those who are most are the heirs but terhijab by brother the heir and they lived in a state of poor and concern, in addition they did not receive attention from the of heirs get inheritance .Who when in khazanah thought islamic kewarisan so far, unknown with the term heirs a substitute for as thought hazairin, islamic offers in this is to solve the problems in over can be settled by system will wajibah.Will wajibah had the foundation time which strong in to solve problems in top and does not overlook enforcement justice. In writing are presented concepts heirs a substitute for according to Hazairin which then writer hold analysis by means of land those opinions of other scholars about discussion is .And can writer concluded that: (1) According to Hazairin in terms of dad died worthy of to grandpa, so grandson ( male or female ) can replace position heirs, which in itself called the heirs a substitute for. (2) Approach in use hazairin in an effort to formulate islamic law is the approach sosio-kultural-historis which is certainly with continued reference to postulates of nash . This based that islamic law / fiqh can change according to the situation and the condition of being step around him. (3) New position as an heir, of heirs that is substituted who had died the world first is domain ijtihadiyah that may be the dissent. (4) the system will wajibah more acceptable than the heirs a substitute for directly , here the concept of the heirs a substitute for apply in the process will wajibah , because will wajibah have rooted in khazanah thought kewarisan islam and ultimately achieve justice. (5) to achieve kemashlahatan, in which reflect justice and legal certainty, for the muslim community indonesia should hold on to ijma ’ ulama indonesia espoused in article 185 compilation islamic law .]]>
<![CDATA[KAJIAN FILOSOFIS PRO DAN KONTRA DILARANGNYA EUTHANANSIA ]]>
<![CDATA[Isnawan, Fuadi]]>
<![CDATA[ Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 1 No. 2 December (2016) ]]>
Publisher : <![CDATA[Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung ]]>
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DOI: 10.25217/jm.v1i2.45
<![CDATA[Life is derived by all humankind of any race or class without exception. These rights is the fundamental right of every human being in this world. Even in the medical world of medicine, there is a very famous oath, the oath Hiprokrates which states that any doctor would keep the lives of every human being, from birth to death the man. Here the medical profession spearhead the implementation of the oath, and every doctor should perform their duties based on the oath they say before they undergo the profession. Each physician is required to maintain the lives of patients - patients, should megupayakan various things in order to examine the patient lives of these patients can be saved. It can be concluded that every doctor should keep every person's life and can not be the God to end the life of his patient, whether intentionally or not, or the so-called euthanasia, the doctor puts a series of measures to end the lives of patients who are already in the terminal stages.]]>
<![CDATA[WAKAF PRODUKTIF DALAM PERSPEKTIF IMAM MADHAB ]]>
<![CDATA[Manan, Dul]]>
<![CDATA[ Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 1 No. 2 December (2016) ]]>
Publisher : <![CDATA[Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung ]]>
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DOI: 10.25217/jm.v1i2.46
<![CDATA[Text endowments that is have not yet been widely touch on comprehension contextual. Should endowments is one of the of various activities in economic system islamic. Problems endowments is a problem that until recently was less were discussed in intensive.The outline there is concentrate on the discussion problems fiqih, about the manner of philosophy Syari’ah, interest, finance and banking about the manner of Syari’ah and so on.While discussion from the his theory and application still very rare. From the penghimpunan community funds so it can be seen that discussion centered at issue zakat. While other sectors has not yet received the beam sufficient.And economic system islamic terdpat a lot of activity can be done to gather community funds.These funds could actually collected did not of funds zakat but also from a source – other sources as sadaqah, infaq, endowments and so on.]]>
<![CDATA[ALTERNATIVE SISTEM PENGAWASAN PADA KOPERASI SIMPAN PINJAM DAN PEMBIAYAAN SYARIAH (KSPPS) DALAM MEWUJUDKAN SHARIAH COMPLIANCE ]]>
<![CDATA[Hidayat, Farid]]>
<![CDATA[ Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 1 No. 2 December (2016) ]]>
Publisher : <![CDATA[Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung ]]>
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DOI: 10.25217/jm.v1i2.47
<![CDATA[There are two types of financial institutions, namely bank and non Bank, which are operate under shariah and conventional system. Koperasi Simpan Pinjam dan Pembiayaan Syariah (KSPPS) is one of the financial institutions is not a Bank that operates with the Sharia system. In conducting its operations, whether Koperasi Simpan Pinjam dan Pembiayaan Syariah (KSPPS) runs its operations in accordance with sharia, or not. In this case, the rule of Sharia Supervisory Board is very crucial to ensure that Koperasi Simpan Pinjam dan Pembiayaan Syariah (KSPPS) has fulfil the shariah principle. Although they have Sharia Supervisory Board, but there are still many Koperasi Simpan Pinjam dan Pembiayaan Syariah (KSPPS) which are not comply with syariah principles. This problems is caused by weaknesses of Shariah Supervisory Board (DPS) and Hassle System from recruitment to the accountability of the Shariah Supervisory Board. Therefore, there is the thought of the author's alternative surveillance system Koperasi Simpan Pinjam dan Pembiayaan Syariah (KSPPS) in realizing the shariah compliance.]]>
<![CDATA[PUTUSAN MAHKAMAH KONSTITUSI NOMOR 69/PUU-XIII/2015 DITINJAU DARI PEMENUHAN HAK-HAK ASASI MANUSI DAN ASAS-ASAS PEMBENTUKAN PERJANJIAN ]]>
<![CDATA[Maslul, Syaifullahi]]>
<![CDATA[ Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 1 No. 2 December (2016) ]]>
Publisher : <![CDATA[Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung ]]>
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DOI: 10.25217/jm.v1i2.48
<![CDATA[Marriage is spiritually bond between two people, both men and women to achieve a happy family. Marriage in Indonesia is a sacred thing. One implication is the mixing of property owned by both actors marriage. in setting the ground in Article 21, paragraph (1) and paragraph (3) and Article 36 paragraph (1) of Law No. 5 of 1960 about Agrarian, that land ownership is based on the principle of citizenship (nationality). The application of the articles a quo, participants referred to mixed marriages do not have land rights, as stipulated in Article 35 paragraph (1) of Law Number 1 of 1974 concerning marriage. despite having waived by the Directorate General of Law and Human Rights No. AM2-HA.01.02-10, in fact, Article 21 of Law No. 1 of 1974 concerning marriage be prohibitive. The Constitutional Court then issued a decision No. 69 / PUU-XIII / 2015 return guarantee protection of the rights of the perpetrator of mixed marriages.]]>
<![CDATA[KAJIAN HUKUM ISLAM TERHADAP DINAMIKA PELAKSANAAN ZAKAT PADI: (Studi Di Kampung Sukajadi Kecamatan Bumiratu Nuban) ]]>
<![CDATA[Muhklisin, Ahmad]]>
<![CDATA[ Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 1 No. 2 December (2016) ]]>
Publisher : <![CDATA[Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung ]]>
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DOI: 10.25217/jm.v1i2.49
<![CDATA[Islam is a comprehensive doctrine that recognizes indifidu rights and collective rights of communities simultaneously, in Islam recognizes differences in income and wealth in every person with a condition that is caused due to the difference erbedaan skills, initiative, effort and risk. Given such case, the group comes the rich and the poor. Then to stabilize such things related to Islam provides solutions together, helping each other and equally feel that the presence of Zakat. Zakat is one tool that can be relied upon for the equitable distribution of income in the achievement of economic justice, thereby reducing poverty, the main objective of zakat is to eradicate poverty, with the hope of changing their recipients of zakat (Mustahik) into paying Zakat (muzakki) rehingga empowerment and equitable distribution of zakat become more meaningful. According to the results of the implementation of the pre-survey zakat different kampong rice no zakat issued immediately after harvest without capital is calculated and others cut harvests in advance with the needs of the farmer and then a new release of zakat. This is important to investigate according to the researchers then linked with Islamic law and the law presented to the community for charity is not felt heavy for farmers. The problem of this first article How is the implementation of Zakat kampong rice Sukajadi excl. Bumiratu Nuban? Secondly How Islamic legal view of the implementation of zakat rice in the village?]]>
<![CDATA[IJTIHAD SAINTIFIK MODERN MAZHAB NAHDLATUL ULAMA ]]>
<![CDATA[Sakirman, Sakirman]]>
<![CDATA[ Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 1 No. 2 December (2016) ]]>
Publisher : <![CDATA[Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung ]]>
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DOI: 10.25217/jm.v1i2.50
<![CDATA[The relationship between nash (text) and al-waqi' (the fact) both are territories that if mated will bring up a deeper understanding of komprehensip. The pattern in the text read according to ash-Syatibi there are three i.e. qira'ah salafiyyah qira'ah, ta'wiliyyah, and maqashidiyyah qira'ah. While in the area of al-waqi ' there are some disciplines that are used in understanding the phenomenon of social, political and other areas such as sociology, anthropology, and so on. Thus ideally when doing a reading of the text that is associated with the social phenomena should not leave the existing disciplines on the al-Waqi '. If not then an understanding of the text is out of date, so no aplicable. Thus ijtihad should always digelorakan and the door of ijtihad never closed. In this context, the science of ijtihad raiseth Usul Fiqh is a standard methodology has proved its role by Islamic thinkers like the priest sect in Islamic law, and digging in the field to the other, from the original sources (Qur'an and as-Sunnah). But nowadays the Islamic fiqh is considered barren because of the role of the framework teoritik the science of Usul fiqh is considered less relevant again to respond to contemporary problems. Then simply grounded if it appears a lot of bids for a new methodology of contemporary Islamic scholars in an attempt to dig out the original source of Islamic law to be adapted to the dynamics of the times. This fact can not be denied because the phenomenon of the global arrogance of modernity and industrialization has been menghegemoni the whole line of the lives of human beings so as to trigger the dynamics of contemporary Islam by all perangkat-perangkatnya including methodology Usul Fiqh (qawaid ushuliyah) methodology and the understanding of Fiqh (Fiqhiyyahi al-qawaid). This is a big job to be done in order to build the Islamic ideals of self (self image of Islam) in the midst of modern life that is constantly changing and evolving. In Indonesia over the past decades has appeared the development thinking of Islamic law that is adapted to the real conditions of life in Indonesia. This is effected by the realization that classical fiqh with the device its methodology have been unable to answer the question.]]>
<![CDATA[KRITIK KONSEP POLITIK MACHIAVELLI DALAM PERSPEKTIF ETIKA POLITIK ISLAM (PERBANDINGAN DENGAN TEORI ETIKA POLITIK AL MAWARDI) ]]>
<![CDATA[Zein, Fuad Muhammad]]>
<![CDATA[ Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 1 No. 2 December (2016) ]]>
Publisher : <![CDATA[Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung ]]>
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DOI: 10.25217/jm.v1i2.52
<![CDATA[Basically, politics is a human need. As social beings, humans need to regulate political life. In order to be run in accordance with a common goal, the ethics and morals is a necessity that must be juxtaposed in politics. However, Machiavelli sense of ethics basing on two things, namely the Ancient Western ethics and Catholic ethics. He is holding on Western ethics derived from the Ancient Romans, whice based on the thinking that to retain power strength of spirit to fight to be the underdog. He stated that the Catholic ethics only make men weak because only orients his life on things that smelled hereafter. This thought does not give real contribution in political battles and power. As for foreign policy, Machiavelli emphasizes the shrewdness prince in terms of diplomacy. He stated that a prince in diplomacy must wear deception lion and the fox (deer). The difference between Machiavelli's political ethics is in stark contrast to what was formulated by al Mawardi. The difference is based on the basic beliefs between the two is also berbeda.Machiavelli leaned that ethics is not required in power when the condition of the people is unethical, because it was thought worth sia.Berbeda with al Mawardi, who rely on the Qur'an and Sunnah regardless of the conditions masyarakat. He always insisted that every ruler has always adhered to the ethical and moral values ​​that have been described in the Qur'an and as Sunnah. if thus, it can be concluded that, in truth Machiavelli does not provide solutions to community conditions and the improved of politis. Cause stability also what he says violates human nature when it agreed in shaping society, so that he saw the man was an enemy to the other man]]>
<![CDATA[KEDUDUKAN TANAH BENGKOK SEBAGAI HAK ASAL USUL PASCA UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA ]]>
<![CDATA[Hartanto, Dwiyana Achmad]]>
<![CDATA[ Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 1 No. 2 December (2016) ]]>
Publisher : <![CDATA[Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung ]]>
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DOI: 10.25217/jm.v1i2.55
<![CDATA[The research was done because of the separate law regulating the village, namely Law No. 6 of 2014 concerning Desa (Village Law). Provisions in the Village Law requires a paradigm shift toward the village, where to place the village as a subject not related objects rural development within the framework of the Unitary Republic of Indonesia. One of the things that is being debated is related to the management of a crooked land. Prior to the enactment of Law No. 6 of 2014 on the village, the village crooked land is an asset which was partly used to provide compensation / income for the village head and the village because of his position. This right is referred to as the origin of the rights inherent for the job. With the Act the village, the village head and village get pengasilan fixed and allowances budgeted in APB village a source of funding is the revenue villages and ADD. Their fixed income and this additional polemical for the continuity of the village administration, because of the Law of the village is considered removing government authority crooked village to work the land as compensation for his position.]]>
