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[SISTEMIKNYA PRIVATISASI BADAN USAHA MILIK NEGARA DAN SUMBER DAYA ALAM DI INDONESIA ]]>
<![CDATA[Syafi’ie, M.]]>
<![CDATA[ Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 1 No. 1 June (2016) ]]>
Publisher : <![CDATA[Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung ]]>
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DOI: 10.25217/jm.v1i1.28
<![CDATA[Privatization policy has been the trend, especially in developing countrie. The presence of international economic institutions such as the IMF and World Bank have a big impact that drives policy. Privatization is the ideology of neoliberalism that requires complete freedom of the free market, and encourage individual ownership of the public assets. Currently, Indonesia has become a part of the ideological hegemony of neoliberalism. Systemic Privatisation occurs. The impact is even more alarming: environmental degradation, land conflicts, poverty, and natural disasters. Privatization is likely negative, can not be separated from the historical study of Islamic law. In Islamic law, privatization is not justified, because there are provisions in the Al-Quran and Al-Hadits which prohibits the individual ownership (privatization) of the treasures that are public.]]>
<![CDATA[ANALISA KEMANDIRIAN KEUANGA DAERAH KOTAMADYA METRO TAHUN 2009-2013 ]]>
<![CDATA[Rahmawati, Rita]]>
<![CDATA[ Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 1 No. 1 June (2016) ]]>
Publisher : <![CDATA[Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung ]]>
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DOI: 10.25217/jm.v1i1.32
<![CDATA[Giving local government to arrange regional receipt to purchase expenses bugget is part of Regional Otonomy. Not only depend on Central Government, Government genuine Receipt is one regional receipt that shows how stronger local goverment finance can handled all the expenditure. Metro as a local government in Indonesia, has the increase in regional otonomy espescialy in finance. The higher decentralization is a indicatoin that indicate higher ability on local government to fulfill all expenditure. It can be shown on share of Government Genuine Receipt and Tax and non Tax Share compare Total Regional Receipt and Total Regional Expenditure. Higher fiscal Desentralization needed by Metro to get higher Regional otonomy. Government Genuine Receipt and Tax and non Tax must be increased to get higher regional receipt and increasing share in Total Regional Receipt and higher share to offord the Total Regional Expenditure.]]>
<![CDATA[EFEKTIVITAS KONTRAK BAKU DALAM MOBILITAS BISNIS: (Perspektif Hukum Progresif) ]]>
<![CDATA[Adityo, Rayno Dwi]]>
<![CDATA[ Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 1 No. 1 June (2016) ]]>
Publisher : <![CDATA[Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung ]]>
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DOI: 10.25217/jm.v1i1.34
<![CDATA[The development of the world current business carrying logical konsuekwenses to make the birth of the new legal instrument that can respond the needs of business practition .Where instrumental law it can reflect a sense of justice but not forget the aspect of certainty in law. They called the instrument as a contract inside the agreement. But then became called as standard contract that has been determined by party its maker. Problems emerged at a later date related to what is called standard as contract, the practition of law may have different opinions, there is a negative views in also have positive views. This view born with regard to standard contract have a exemtion clause .Progressive law looked law as institutions which guarantee justice, make harmony between law and the human. It means that extent of standard contract was able to meet than legal purposes of the progressive and not opposed to fundamental norm in agreement and not opposed to regulations such as Undang-undang no 8 Tahun 1999 Tentang Perlindungan Konsumen, so the existence of legal contract until it .That contract default recognized or not they needed to answer time progress in current mobility business by efficiency time, cheaper charges but keep the justice and legal certainty.]]>
<![CDATA[PERKAWINAN DI BAWAH UMUR DITINJAU DARI KACAMATA SOSIOLOGIS ]]>
<![CDATA[Hermanto, Agus]]>
<![CDATA[ Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 1 No. 1 June (2016) ]]>
Publisher : <![CDATA[Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung ]]>
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DOI: 10.25217/jm.v1i1.35
<![CDATA["Marriage under age Judging from Glasses Sociology" The view of the Jurists' that the minimum age to marry is puberty signs of puberty there are two, namely bi al-alâmaât; for men marked by a dream or out of sperm, while women are marked with menstruation. bi al-sin; according to Hanafi, 18 year old male and a 17 year old woman. Maliki, is characterized by the growth of hair. Shafi, 15 years for men and 9 years for women. Hanbali, 15 years in both men and women. In Indonesia, the minimum limit married 19 for men and 16 for women. Age children who have reached adulthood, called puberty phase, at this age the child already has a full awareness of himself, sehingg he was given the burden of responsibility, especially religious and social responsibility.]]>
<![CDATA[HAKIKAT SERVICE QUALITY PADA NASABAH BANK SYARIAH MELALUI CUSTOMER SATISFACTION SEBAGAI KETAATAN HUKUM ]]>
<![CDATA[S, Hengki Firmanda.]]>
<![CDATA[ Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 1 No. 1 June (2016) ]]>
Publisher : <![CDATA[Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung ]]>
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DOI: 10.25217/jm.v1i1.36
<![CDATA[The purposes of Islamic Banking in general are as social institutions and providers of welfare effects for society. The noble goals will not be realized, if not the totality of Islamic Banking in improving service quality to customers as a form of good governance. Service quality in Islamic banking can be seen from the customer satisfaction in enjoying the quality of service desired by the customer and in accordance with the concept of Islam which require glorifying customers. Implement of customer satisfaction is the duty and obedience Islamic Banking regulated in Act No. 21 of 2008 on Islamic Banking.]]>
<![CDATA[DAMPAK PERNIKAHAN USIA MUDA (Studi Kasus Di Desa Mattirowalie Kecamatan Libureng Kabupaten Bone) ]]>
<![CDATA[Akhiruddin, Akhiruddin]]>
<![CDATA[ Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 1 No. 1 June (2016) ]]>
Publisher : <![CDATA[Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung ]]>
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DOI: 10.25217/jm.v1i1.38
<![CDATA[Early marriage is the argreement of man’s or wonen’s physically and spiritually as husband or wife having goal to be family and it based on the God almighty. The study aims to know effect of the early marriage. The kind of the study is qualitative descriptive and to get informant will be done by purposive sampling, data collection technique uses the observation, interview and documentation. Then it is analyzed by reduction data, presentation data and verification data. The results of the study shown that the positive effect are: 1) to avoid free intercourse, 2) To enlighten family’s burden, 3) To learn how to responsible for the family. While the negative effects are 1) Biology (the damage of the woman’s sexual repreduction). 2) Psychology (long lasting trauma), 3) Sociology (unmature waf of thinking so that can damage family harmony), 4) Population (density of population) for couple of childbearing age.]]>
<![CDATA[KONSEP PRODUK MURABAHAH DALAM PERSPEKTIF EKONOMI SYARI’AH ]]>
<![CDATA[Alawiyah, Ika Trisnawati]]>
<![CDATA[ Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 1 No. 1 June (2016) ]]>
Publisher : <![CDATA[Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung ]]>
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DOI: 10.25217/jm.v1i1.39
<![CDATA[Business development to financial services syariah have made progress and development that was so advanced. Of a lot of syariah commercial banks standing, there were also a lot cooperatives syariah or the Baitul Maal Wattamwil (BMT) stand around the community in fact closer with the community. Bank syariah is a financial syariah that serves facilitate economy mechanism in the real sector through activity business activities (an investment , buying and selling or forth based on syariah principle , namely rules agreement islamic law based on the principle for the, fee ,ujroh and the margin. This research is research library (library research), by using the method descriptive qualitative. Conclusion this research is well murabahah products in perspective economic syariah namely products mutually beneficial between customers with the bank syariah or local BMT who use the murabahah. Fiqih an order of Hanafi, marghiani (w. 593 / 1197), confirming the validity of murabahah based on the terms of what is important to the validity of a trading is in murabahah, and also because people need it, faqih of madhzab Syafi’i, Nawawi (w. 676 / 1277) just say “ murabahah is may without no opposition in the least “. With the that product a large number of residents helped in advance business is by applying of the financing in a financial institutions such as bank about the manner of syari’ah and others.]]>
<![CDATA[PENDAPAT PARA FUQOHA DAN MAJELIS ULAMA INDONESIA (MUI) TENTANG FILOSOFI DAN HIKMAH LARANGAN PERNIKAHAN BEDA AGAMA SERTA DAMPAKNYA ]]>
<![CDATA[Farida, Annikmah]]>
<![CDATA[ Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 1 No. 1 June (2016) ]]>
Publisher : <![CDATA[Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung ]]>
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DOI: 10.25217/jm.v1i1.42
<![CDATA[Marriage as in islamic law is not civil case alone. But ties saint to mistaqan ghalizhan is a firm covenant and strong. For that marriage be maintained well, so what be the goal marriage namely the formation of family couple mawaddah wa mercy can be achieved. According to the indonesian ulemas council one of a barrier the formation of the purpose of marriage as above, is marriage different religion .But phenomena marriage different religion occurring dimasyarakat actually of an increasing and as if becomes regular issues. Remembering how the importance of problems marriage different religion widespread in indonesia.Hence, the indonesian ulema menguluarkan fatwa on prohibition of different religion marriage.Focus of study this writing is: (1) Think fuqoha and the indonesian ulema about a philosophy and wisdom ban different religious marriage? (2). How the impact of marriage different way?]]>
<![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 .]]>
