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Petita : Jurnal Kajian Ilmu Hukum dan Syariah
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  This is an Open Access Journal Open Access journal
ISSN (Print) 2502-8006 - ISSN (Online) 2549-8274
Published by UIN Ar-Raniry Banda Aceh Homepage  [9 journals]
  • THE DUTCH COLONIAL ECONOMIC’S POLICY ON NATIVES LAND PROPERTY OF
           INDONESIA

    • Authors: Chairul Fahmi
      Abstract: This paper analyzes the historical shifts of land property rights in Indonesia's archipelago and how new land laws were formed, especially during the Dutch colonization era. After the Netherlands East Indies (NEI) established in the 18th century and proclaimed itself as a sovereign landlord over the East Indies (Indonesia), the role of indigenous law (adat law) and its rights to lands have diminished by a new form of law namely the European law system (the civil code). By adopting the European civil code, the colonial Dutch declared all uncertified lands and all forests’ resources were the Dutch colonial State's property and to be managed by the colonial authority [State’s domain]. For Adat peoples, these rights belong to them, either as individuals or as groups, and it had been recognized by their customary law (adat law) legally, which they have had since their ancestors inhabited within the land, territories, and resources. Further significant impact toward the adat rights to land, when the Agrarian Act (agrarisch wet) applied in 1870 by the colonial government, had severely impacted towards the land right of indigenous peoples in Indonesia, by which most of them had lost their adat property right to lands and forest resources. In contrast, the Dutch colonial State was gained millions of guldens for economic profit from the expropriation of the native land and from unpaid native slaves who worked in the Dutch plantation sectors.
      PubDate: 2020-11-01
      DOI: 10.22373/petita.v5i2.99
      Issue No: Vol. 5, No. 2 (2020)
       
  • HALAL CERTIFICATION PROCEDURE IN MALAYSIA AND INDONESIA

    • Authors: JOHARI AB LATIFF
      Abstract: Pharmaceutical products deals with different component of materials or substances and its whole process are more critical than food products. Malaysia has launched and implemented the Malaysian Standard MS 2424:2012 Halal Pharmaceuticals-General Guidelines since 2012 on halal pharmaceuticals and to the pharmaceutical manufacturers. The government of Indonesia also making halal labelling on all products mandatory in Indonesia by 2019. This momentum of halal certification for pharmaceutical products by both countries need to be enhance by improving the initiatives the implementation of standard and guidelines. The objectives of the study are to explain the concept of halal pharmaceuticals based on halal certification procedure in Malaysia and Indonesia, to examining the evidence from the Holy Al-Quran, as-Sunnah and dalil due to the determination of halal pharmaceuticals products, to analyse general principles based on Islamic law to the determination of halal pharmaceutical products and to identify a new method based on Islamic principles in determining the halal pharmaceutical products. In general, the qualitative method is used in this study, the data collection methods are through document analysis. The findings of this study. First, in understanding the concept of halal pharmaceuticals in Malaysia and Indonesia it is basically not only based on Islamic law alone, but also subject to the criteria and regulations enforced in both countries. Second, the Islamic principle of halal and haram, darurah and fatwa is a basis or general Islamic principle applicable to determine halal pharmaceuticals products. Third, the comprehensive method or criteria for determination of halal pharmaceutical products is encompassing the principle of pharmaceuticals derived from halal substances, materials, the principle of Maslahah, the principle of Ihtiyathand the principle of Istihalah Tammah.
      PubDate: 2020-11-01
      DOI: 10.22373/petita.v5i2.102
      Issue No: Vol. 5, No. 2 (2020)
       
  • NATIONALISM IN A STATE BASED ON PANCASILA

    • Authors: Anang Dony Irawan
      Abstract: We certainly know how lately nationalism in our society seems to be fading. This is partly due to the large number of outside influences that continue to erode the nation's culture that has been passed down by the ancestors of the Indonesian nation. The efforts to foster nationalism based on Pancasila are efforts to manifest love for this nation which is the great consensus of the founders of the Indonesian nation. Pancasila is the embodiment of devotion, tolerance, mutual cooperation and noble values ​​adhered to by the Indonesian nation, which recently faded along with the strengthening of the issue of SARA, differences in political views, separatist movements, acts of terror, and violence against fellow children of other nations. This shows the instability of national and state life that is no longer based on Pancasila. If this continues without any real effort to revive the pillars of Pancasila, then this condition can endanger the survival of the nation and state. The values ​​of nationalism must again become the main choice for integrating Indonesian society which has been divided by the conflict or friction that occurs in society. Nationalism does not distinguish the components of the nation based on groups or others, but rather the unity and integrity of the nation which is built from the diversity of its citizens. The spirit of nationalism needs to be revived again for all citizens to strengthen the life of the nation and state so that the interests of groups who want this nation to be destroyed and divided are not easily overtaken. The history of the nation has proven that with strong nationalism this nation can become independent and manage its own life. Keywords: Pancasila, Nationalism, Citizen, Indonesian Abstrak: Kita tentu tahu bagaimana belakangan ini nasionalisme dalam masyarakat kita seolah kian memudar. Hal ini antara lain disebabkan banyaknya pengaruh dari luar yang terus menggerus budaya bangsa yang telah diwariskan oleh nenek moyang bangsa Indonesia. Upaya menumbuhkan nasionalisme berlandaskan Pancasila adalah upaya perwujudan kecintaan kepada bangsa ini yang merupakan konsensus agung para pendiri bangsa Indonesia. Pancasila adalah perwujudan pengabdian, toleransi, gotong royong dan nilai-nilai luhur yang dianut bangsa Indonesia, yang belakangan memudar seiring menguatnya isu SARA, perbedaan pandangan politik, gerakan separatis, aksi teror, dan kekerasan terhadap sesama anak bangsa lainnya. Hal ini menunjukkan akan adanya instabilitas kehidupan berbangsa dan bernegara yang tidak lagi melandaskan pada Pancasila. Bila hal ini terus berlangsung tanpa ada upaya nyata untuk kembali menghidupkan pilar-pilar Pancasila, maka kondisi ini akan membahayakan keberlangsungan hidup berbangsa dan bernegara. Nilai-nilai nasionalisme haruslah kembali menjadi pilihan utama untuk mengintegrasikan masyarakat Indonesia yang telah terpecah belah dengan adanya konflik maupun gesekan yang terjadi di masyarakat. Nasionalisme tidak membedakan komponen bangsa berdasarkan golongan ataupun lainnya, melainkan persatuan dan kesatuan bangsa yang dibangun dari keberagaman warga negaranya. Semangat nasionalisme perlu digelorakan lagi bagi seluruh warga negara untuk memperkokoh kehidupan berbangsa dan bernegara agar tidak mudah ditunggangi kepentingan kelompok-kelompok yang menginginkan bangsa ini hancur dan terpecah belah. Sejarah bangsa telah membuktikan, dengan nasionalisme yang kokoh bangsa ini dapat merdeka dan mengatur kehidupannya sendiri.
      PubDate: 2020-11-01
      DOI: 10.22373/petita.v5i2.85
      Issue No: Vol. 5, No. 2 (2020)
       
  • ISLAMIC SHARIA IN ACEH AND ITS IMPLICATIONS IN OTHER REGIONS IN INDONESIA

    • Authors: Yasrul Huda
      Abstract: Considering the development of various regional regulations in West Sumatra, there are some things that need to be noted. First, the desire to make regional regulations consuisting sharia is more dominated by the desires of certain political parties. It is not supported by other government agencies in the form of existing local regulation follow-up even though the political party always claims that the regulation is the desire of the wider community. Consequently, it is difficult to reject the impression that the presence of these regulations is solely for the political interests of parties, or the interests of heads of government. Second, the emergence of these regulations is highly determined by the figures driving the emergence of these regulations. So, when they are no longer in their positions, then the attention to the implementation of these regulations is reduced or nonexistent. Third, there are differences of opinion or understanding among regional leaders that overcoming the problem of poverty, problems in education and the economy is far more important than just making sharia regulations. As a result of the accumulation of these three things, the momentum of the emergence of the need for sharia regulations often appears and then disappears and then reappears following certain events in the community; like in the month of Ramadan or other Islamic celebrations.
      PubDate: 2020-11-01
      DOI: 10.22373/petita.v5i2.98
      Issue No: Vol. 5, No. 2 (2020)
       
  • THEORETICAL REVIEW OF ISLAMIC LEGAL SOURCES ACCORDING TO THE
           MISREPRESENTATION THEORY OF HALLAQ

    • Authors: Rahmat Budiman
      Abstract: The existence of Islamic law from time to time in a Muslim community is believed to be the result of an in-depth study of the sources of Islamic law: the Qur’an (the Word of God), Hadith (sayings of the Prophet Muhammad), Ijtihad (the process of making a legal decision by independent interpretation of the legal sources, the Qur’an and the Sunnah), Qiyas (the deduction of legal prescriptions from the Qur’an or Sunnah by analogic reasoning), as well as Ijma (the result of the agreement of the Scholars). These sources of Islamic law were then poured into Usul al-Fiqh, which was then considered as a concrete form of Islamic law itself. This is reinforced by the classical teachings of orientalist Scholars who acknowledge that Islamic law is preserved in Usul al-Fiqh by great Scholars. However, this concept was challenged by Hallaq with a misrepresentation of his theory. He stated that Sharia can exist in society, not because of the role of Usul al-Fiqh but the role of the Fatwa (authoritative legal opinion), which is given by the Mufti and is applied by practitioners of Islamic law in Muslim-majority societies.
      PubDate: 2020-11-01
      DOI: 10.22373/petita.v5i2.100
      Issue No: Vol. 5, No. 2 (2020)
       
  • ANALYSIS OF ABSOLUTE COMPETENCE OF DISTRICT COURTS AND SYARI’AH COURTS
           IN ADJUDICATING JARIMAH OF CHILD SEXUAL ABUSE IN ACEH

    • Authors: Rosmawardani Muhammad
      Abstract: The District Court and Syari’ah Court (Mahkamah Syar’iyah) jurisdictions to deal with child sexual abuse cases have still overlapped. This issue generates legal uncertainty in the enforcement of Jinayat Law in Aceh. This study aims to analyze the resolution patterns over child sexual abuse cases in Aceh, the resolution patterns over child sexual abuse cases at District Courts, and the efforts to solve dualism issues of the courts in trying child sexual abuse cases in Aceh. This study employed a juridical-empirical method that attempts to analyze behaviors of law enforcement officials in handling sexual abuse cases in Aceh using case and statute approaches based on the rules and principles of law studies. The legal materials utilized in this study were Law, Qanun, Government Regulation, and Syari’ah Court and District Court Decisions. Data were analyzed qualitatively. The findings reveal that both District Courts and Syari’ah Courts still settle sexual abuse cases. The results also point out that the resolution patterns in adjudicating sexual abuse cases at District Courts are categorized into adult offenders and young offenders. The provisions stipulated in the Criminal Procedure Code (KUHAP) are applied for adult offenders, while the Juvenile Criminal Justice System Law is regulated for young offenders. The efforts to overcome dualism are generating new policies by the Supreme Court to delegate the authority to solve sexual abuse cases and other jinayat cases from District Courts to Syari’ah Courts, and the issuance of Memorandum of Understanding (MoU) between Aceh Syari’ah Courts, Aceh Regional Police, Aceh High Prosecutor’s Office, and Aceh High Court governing the authorization limits over the settlement of jinayat cases.                                   
      PubDate: 2020-11-01
      DOI: 10.22373/petita.v5i2.103
      Issue No: Vol. 5, No. 2 (2020)
       
  • SHARIA CONTEXTUALISATION TO ESTABLISH THE INDONESIAN FIQH

    • Authors: Nawir Yuslem
      Abstract: Sharia contextualisation to Indonesia is possible. However, to realize it, it must be separated between the understanding of sharia and fiqh and various other Islamic legal thinking products. Sharia is the rules or basic rules established by Allah SWT and given to mankind as a guidance in managing relationships with God, with fellow humans and with the environment. The basic purpose of sharia delivery is for the benefit of mankind. Therefore, often the rules sent by Allah SWT are ijmal whose interpretation can be made by the mujtahid. Whereas, fiqh and others are the results of thinking and formulation of laws by the mujtahid on the propositions of Sharia to produce the laws needed by mankind at a certain time, a certain place and a certain condition, which always develops and changes. In the formulation of practical law (al-ahkam al-'amaliyyah), the mujtahid can use various arguments, methods and available ijtihad procedures, such as qiyas, istihsan, istislah, istishab, urf and others mentioned in the books of fiqh, by considering the pair of fiqh choices, namely between the revelation and reason, unity and diversity, idealism and realism, as well as stability and change.
      PubDate: 2020-11-01
      DOI: 10.22373/petita.v5i2.96
      Issue No: Vol. 5, No. 2 (2020)
       
 
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