Nurani: Jurnal Kajian Syariah dan Masyarakat
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.
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<![CDATA[LEGAL PROTECTION OF ULAYAT RIGHTS ]]>
<![CDATA[Ramiah Lubis]]>;
<![CDATA[Hijriyana Safithri]]>
<![CDATA[ Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 21 No 1 (2021): Nurani ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Fatah Palembang ]]>
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DOI: 10.19109/nurani.v21i1.6627
<![CDATA[Land is the surface of the earth which is one of the objects regulated by Agrarian Law. The new Agrarian Law must comply with the legal awareness of the people at large. Because the Indonesian people are largely subject to customary law, the new agrarian law will also be based on the provisions of customary law as original law, which are refined and adjusted to the interests of the community. Customary law is the main source in the formulation of national land laws, as the first source. In the land law, the hierarchy of land tenure rights is regulated, including the Ulayat Rights. The method used in this research is field research. Writing this research aims to describe the application of the distribution of customary land rights owned by the customary law community of the MuaraEnim district, namely Paya Angus Village and the form of legal protection for the indigenous people of Paya Angus, but because their work does not reside in Paya Angus Village. The result of this research is that the residents of Paya Angus village have obtained their customary rights in accordance with the regulations in force in the village and the form of legal protection obtained by the residents of Paya Angus village who live outside the village because they work in MuaraEnim district is not clearly explained about There is a legal basis and rules that regulate, but customary rights are recognized by law and its application refers to the Basic Agrarian Law and customary law in force in Paya Angus Village so that with an agreement from the village head, the community is still entitled to get rights. Ulayat and obliged to continuously cultivate the land]]>
<![CDATA[THE POLITICAL OF LAW TO THE GOVERNMENT POLICY ABOUT REMISSION ]]>
<![CDATA[Erik Yudistira]]>;
<![CDATA[Marsaid Marsaid]]>;
<![CDATA[Siti Rochmiyatun]]>
<![CDATA[ Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 21 No 1 (2021): Nurani ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Fatah Palembang ]]>
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DOI: 10.19109/nurani.v21i1.7742
<![CDATA[The law refers to a rule of life in accordance with the ideals of living together and the principles of justice. The content of the rule of law should be fair. Without justice, law is only formalized violence. The law is felt to be important when dealing with injustice. Through a political perspective, law is viewed as a product or output of a political process or the result of consideration and formulation of public policy. However, besides law as a product of political consideration, there is political law which is the basis or basis of policy for determining the laws that should apply in the state. As mandated by the Constitution, one of which produces a remission regulation, Remission is essentially the right of all prisoners and applies to anyone as long as the prisoner is serving a life sentence. The problem that arises is that the application of remission requirements is not in accordance with the expected objectives. Thus, the purpose of this study is to determine the implementation of remittances in Government Regulation Number 99 of 2012 concerning Terms and Procedures for the Implementation of the Rights of the Convicted; and analysis of Political Law and Government Policy on Remissions in Government Regulation Number 99 of 2012 concerning Remissions in Article 34A seen from Article 34. This type of research is qualitative using secondary data. The research results are if we look at the corners of the hierarchy of the laws and regulations stipulated in Article 7 of Law Number 12 of 2011 concerning the Establishment of Legislative Regulations, then the provisions for granting the remission of corruptors in Government Regulation Number 99 of 2012 are contrary to Article 5 of the Law on Corrections. This is because the substance contained in Article 34 Paragraph (1) a and b of this Government Regulation is a new norm that is contrary to the philosophy, objectives, vision and mission of the Law on Corrections itself which prohibits discriminatory treatment and treatment of prisoners.]]>
<![CDATA[TYPOLOGY OF VILLAGE GOVERNANCE ASSESSED BASED ON SOCIOLOGICAL PERSPECTIVE ]]>
<![CDATA[Suci Flambonita]]>
<![CDATA[ Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 21 No 1 (2021): Nurani ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Fatah Palembang ]]>
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DOI: 10.19109/nurani.v21i1.7913
<![CDATA[Along with modern developments that exist today, various polemics have emerged in determining the typology of village governance that is in accordance with the principles of legal policy (legal policy) related to the sociological foundation in the form of understanding village conditions is absolutely necessary. Therefore, a stronger State institution is needed in dealing with the rational division of tasks and authorities between the State and regions (villages). In its preparation, it is necessary to describe a sociological condition of an intact village, which is viewed from the village elements which include the village area, village life system and village administration. The method and approach used was empirical (sociological research). There were several arguments for the need to understand the condition of the village sociologically where various villages throughout Indonesia have always been the basis of community livelihoods that have autonomy in managing the governance of the population, local institutions and economic resources with all the local wisdom possessed by local Indonesian communities. Furthermore, the regulation on village governance is intended to respond to the globalization process marked by the liberalization process of information, economy, technology, culture, etc.]]>
<![CDATA[THE AUTHORITY OF THE VILLAGE CHAIRMAN IN DRAFTING VILLAGE REGULATIONS ]]>
<![CDATA[Teguh Fidiah Wahyudi]]>;
<![CDATA[Izomiddin Izomiddin]]>;
<![CDATA[Kun Budianto]]>
<![CDATA[ Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 21 No 1 (2021): Nurani ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Fatah Palembang ]]>
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DOI: 10.19109/nurani.v21i1.7924
<![CDATA[The issuance of.The Constitution Number6 2014 concerning Villages, hereinafter referred to as the Village Law, becomes a starting point for the village's hopes to be able to determine its position, role and authority over itself. The hope is that the village can be socially powerful and politically sovereign as the foundation of village democracy, as well as being economically empowered and culturally dignified as the face of village independence and village development. This hope is even more exciting when the combination of recognition and subsidiarity principles appears as the main principle that becomes the spirit of this law. Village Law Number 6 of 2014 concerning Villages supported by PP. 43 of 2014 concerning Implementation Regulations of Law Number 6 of 2014 concerning Villages, discusses the process of making Village regulations which are also regulated in the Minister of Home Affairs Regulation No. 111 of 2014, the formulation of the research problem wanted to know the process of making Village regulations according to The Constitution Number6 2014 concerning Village, the fund wants to know the authority of the village head in drafting village regulations in Ulak Pandan Village and Tanjung Pinang Village, Kecamata. West Merapi, Lahat Regency. based on The Constitution Number6 2014concerning Village, the theory used is the theory of coordination from Inu Dating, the methodology used in this research is descriptive analysis or qualitative research design with a case study model. In conducting this research the author uses a type of field research (Field Research), the result of this research is that the process of drafting village regulations in Ulak Pandan Village and Tanjung Pinang Village, District West Merapi, Lahat Regency is in accordance with The Constitution Number6 2014 on Villages which is supported by PP No. 43 of 2014 and Minister of Home Affairs Regulation No. 111 of 2014, drafting village regulations.]]>
<![CDATA[ISSUE OF GRANT PROPERTY WITHDRAWAL IN ARTICLE 712 OF SHARIA ECONOMIC LAW COMPILATION AND ARTICLE 212 OF ISLAMIC LAW COMPILATION ]]>
<![CDATA[Junaidi Junaidi]]>;
<![CDATA[Mila Surahmi]]>
<![CDATA[ Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 21 No 1 (2021): Nurani ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Fatah Palembang ]]>
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DOI: 10.19109/nurani.v21i1.7977
<![CDATA[Grant is a unilateral agreement by a grantor that is carried out by the grantor to the grantee who gives goods free of charge to the grantee. This grant is carried out between the grantor and the grantee is still alive and well. In practice, there were many cases where grants were revoked or withdrawn by the grantor for certain reasons. Therefore, this study was conducted to determine the law of withdrawal of grants by the grantors. The research method used is juridical normative and the approach method used in the research is the library research approach. In Article 712 of the Sharia Economic Law Compilation explains that the grant property can be withdrawn by the grant if the grantee approves, whereas, in Article 212 Islamic Law Compilation, the grant cannot be withdrawn under any circumstances, except for a grant related to his child. issue of the difference between the withdrawal of grant property found in the Sharia Economic Law Compilation, if the grantee agrees and voluntarily returns the grant property that has been received and in the Islamic Law Compilation, the grant property can be withdrawn, namely a parent's grant to his child, this is because the grant property can be counted as inheritance as stipulated in Article 211 of Islamic Law Compilation. These two compilation laws are used and applied in the Religious Courts to resolve disputes for Muslim parties.]]>
<![CDATA[PROFIT EQUALIZATION RESERVE AND DSN MUI NO: 127/DSN-MUI/VII/2019 IN MAQASHID SYARIAH PERSPECTIVE ]]>
<![CDATA[Nurfala Safitri]]>;
<![CDATA[Maftukhatusolikhah Maftukhatusolikhah]]>
<![CDATA[ Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 21 No 1 (2021): Nurani ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Fatah Palembang ]]>
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DOI: 10.19109/nurani.v21i1.8340
<![CDATA[This study aims to analyze the application of Profit Equalization Reserve (PER)and its relationship with the DSN MUI fatwa NO: 127 / DSN-MUI / VII / 2019 in the view of maqasid sharia.PER is used to maintain the competitiveness of yields in Islamic banking. The reserve fund can be used when the sharing of financing results goes down. That way, depositors' interest is maintained, because the reduced profit sharing can be covered with reserve funds. Based on existing sources, the authors argue that PER can be applied in the Islamic economic financial system as long as it does not violate existing regulations. However, the application of PER is not only applied to Islamic banking but also applies to the sukuk wakalah bil al istithmar.This is evidenced by the existence of the term PER which is allowed in DSN MUI NO: 127 / DSN-MUI / VII / 2019 concerning Sukuk wakalah bi al-Istithmar. The reason for the inclusion of PER in DSN MUI NO: 127 / DSN-MUI / VII / 2019 is because the result of the consideration of the meaning of Wakalah bi al-Istithmar is the wakalah contract to invest and develop Muwakkil's assets either in return (Wakalah bi al-Ujrah) or without compensation(Wakalah bi ghairi al-Ujrah).]]>
<![CDATA[DETERMINATION OF THE MINIMUM WAGE OF PALEMBANG CITY IN 2019 IN SYARIAH ECONOMIC PERSPECTIVE ]]>
<![CDATA[Hana Pertiwi]]>
<![CDATA[ Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 21 No 1 (2021): Nurani ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Fatah Palembang ]]>
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DOI: 10.19109/nurani.v21i1.8355
<![CDATA[Islam commands people to seek a job in meeting the needs of life, in way can benefit those who seek. in this research is the study subject “ minimum wage in the city of palembang in 2016 sharia economic perspective” the formulation of the problem how the principles remuneration according to shariah economics, how the mecanism for setting the minimum wage the city of palembang in accordance with economic prinsiple, and what are the implications for the welfare of the city minimum wage workers in the city of Palembang. This research is a field research, which was conducted using qualitative. The source of this study are primari and secondary. Techniques in this study is observation, interview and documentation. The method used in this research is normative juridical approach that is supported by empirical juridical approach.]]>
<![CDATA[CLASSIFICATION OF AQAD IN SHARIA ECONOMIC LAW ]]>
<![CDATA[Doli Witro]]>;
<![CDATA[Neni Nuraeni]]>;
<![CDATA[Muhammad Fauzan Januri]]>
<![CDATA[ Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 21 No 1 (2021): Nurani ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Fatah Palembang ]]>
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DOI: 10.19109/nurani.v21i1.8387
<![CDATA[As social beings, humans cannot be separated from each other to fulfill their daily needs. One of the relationships between one human being and another is manifested by an agreement. The agreement process is generally referred to as aqad or contract. Many parties who enter into contracts do not understand the rights and obligations they must fulfill, so even though they use the Islamic legal agreement system, the values in this concept have not been fully implemented. This paper discusses the classification of aqad in sharia economic transactions, which is analyzed using the opinions of the mazhab scholars. This paper aims to explain the classification of aqad in sharia economic law. The research method used in this research is library research. In this case, the writer obtains literary sources through literature such as books, journals, and encyclopedias related to the theme being studied. This research is oriented towards discussing the urgency or importance of aqad in Islamic economic law. The data in the research are presented in a descriptive narrative way. The analysis technique used is the data analysis technique introduced by Miles and Huberman, namely data reduction, data presentation, and concluding. The results showed that aqad is an agreement in an agreement between two parties. In general, the classification is divided into two aqad/agreements, namely aqad tabarru’ and aqad tijarah.]]>
<![CDATA[CERTAINTY OF LAW FOR NOTARY CANDIDATES IN REGIONS THAT ESTABLISH THE LARGE-SCALE SOCIAL RESTRICTIONS IN EAST JAKARTA CITY ]]>
<![CDATA[Muhammad Maghfur Agung]]>;
<![CDATA[Sukarmi Sukarmi]]>;
<![CDATA[RR. Imam Rachmad Sjafiie]]>
<![CDATA[ Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 21 No 1 (2021): Nurani ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Fatah Palembang ]]>
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DOI: 10.19109/nurani.v21i1.8392
<![CDATA[The purpose of this article is discussing the law problem that has relations to certainty of law for notary candidates in regions that establish large-scale social restrictions. WHO establish the COVID-19 as the Public Health Emergency of International Concern (PHEIC). The spread controlling of Covid-19, the Indonesian government apply several strategies, the one of strategy is Establish large-scale social restrictions. Large-scale social restrictions cause closed the office. Notary candidates apprentice become closed or get free days. The problem is counting the 24 months apprentice of notary candidates if the regions apply the large-scale social restrictions until the office of notary candidates closed for a while. This research is an empiric juridical. The result of this research that use the method above, researcher obtains the answer of the problem that certainty of law for notary candidates in the regions that apply the large-scale social restrictions based on law regulation.]]>
<![CDATA[STUDY OF LEGAL PHENOMENCES IN SOCIETY FROM THE PERSPECTIVE OF LEGAL RELATIONS AND POWERS ]]>
<![CDATA[Hasanal Mulkan]]>
<![CDATA[ Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 21 No 1 (2021): Nurani ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Fatah Palembang ]]>
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DOI: 10.19109/nurani.v21i1.8454
<![CDATA[The type of research used is normative research, legal research which is carried out by examining library materials that use the object of writing studies such as existing libraries, books, magazines, and regulations that have a correlation in problem discussion, so this writing is also writing library (library research).Various legal facts show the existence of power possessed by the state which does not aim to provide justice for society, whereas as it is known that the state is given power by the society on the basis of an agreement (social contract) in order to provide legal protection in the form of justice, one of them is reflected in the case of farmer mistreatment in Mesuji, Lampung due to seizure of land. Because the society feels that they do not get maximum justice as the goal of law in legal philosophy, so then the society can reclaim the power they have given to the authority. As for the basis used by the community in reclaiming the power they have given to the authority, because in the concept of “pactum subjectionis”, society has formed an agreement as to who deserves to hold power. After the agreement is made, the powers given to the state are legitimated by using social facts and laws.]]>
