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All Journal Jurisprudentie Alauddin Law Development Journal (ALDEV) Mazahibuna: Jurnal Perbandingan Mazhab Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab
Rahmatiah HL
Universitas Islam Negeri Alauddin Makassar
Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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PELAKU RESIDIVIS TINDAK PIDANA PENCURIAN DENGAN KEKERASAN Asrullah Dimas; Ashabul Kahfi; Rahmatiah HL
Alauddin Law Development Journal (ALDEV) Vol 1 No 1 (2019): ALDEV
Publisher : Law Department, Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (269.662 KB) | DOI: 10.24252/aldev.v1i1.10168

Abstract

Analisis sosiologi hukum Max Weber tentang form of domination yaitu dialektika antara doktrin hukum dan sosiologi yang mana masyarakat menerima doktrin hukum yang termuat dalam aturan hukum serta penegakan hukum di kota Makassar dengan kultur, patologi, ekonomi serta edukasi yang masih perlu dikembangkan. Masyarakat memandang pendidikan perlu diperoleh tiap masyarakat sehingga nilai dan norma dapat tertanam dalam diri masyarakat dan stigmatisasi yang mendarah daging dalam masyarakat dapat ditepis oleh edukasi dan pengembangan ekonomi.
Land Acquisition for Jenelata Dam Building in Gowa; A Comparative Study Muh. Fiqri Kadir; Rahmatiah HL
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 3 ISSUE 1, JUNE 2021
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.v3i1.19550

Abstract

This article aims to uncover the views of Islamic law as a universal rule does not only discuss the relationship between humans and God but also the relationship between humans and other humans. The order of life in society as part of the interaction between humans creates various problems. Land becomes an object of economic driving for humans and the state whose users cannot be separated from politics and law, as well as having a function to create life together. The research method used is field research and is qualitative and comparative. Sources of data used in this study come from primary and secondary data. The result of this research is that the purpose of this land acquisition is for the public interest. In Islamic law, land acquisition for public purposes is included in one of the objectives of Islamic law (maqashid syariah). Islamic law teaches to help each other in terms of goodness, by having joint ownership of objects that have been held, the soul is calm because the needs have been provided. An object that is used as a public facility is a valuable asset so that the procurement process also uses a well-ordered system.
Protection of the Rights of the Old Age Security Fund in Indonesia Rahmatiah Hl; Muhammad Reski S
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 9 No 1 (2022): Vol. 9. No. 1 (2022)
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v9i1.29185

Abstract

The main thing that became the source of the problems when the issuance of the Minister of Manpower Regulation No. 2 of 2022, which is in article 3 which contains the payment of JHT benefits that can only be given when they reach the age of 56 years. The government seems to be less sensitive to this situation, because the reality is that for workers when they are laid off, the disbursement of JHT funds is used to survive, because it is very unfair if the government makes this regulation from the eyes of middle and upper class workers, where this old-age guarantee fund is indeed they use as capital when they have entered retirement. The research used is normative juridical research, so the approach is astatute approach. The results of the study illustrate that there are two forms of legal protection for participants in the old-age insurance program at BPJS Ketenagakerjaan for arrears in payment of contributions by employers, namely preventive and repressive legal protection. Preventive legal protection is based on Government Regulation Number 60 of 2015 concerning Amendments to Government Regulation Number 46 of 2015 concerning the Implementation of the Old Age Security Program. Structuring the national social security system is indeed necessary to ensure the welfare of the people from youth to old age. However, the road to an orderly system cannot be done rashly, in haste, and bypasses the protection of the majority of workers who need it most, especially in the midst of the current situation. The delay is required for several years, not just three months as currently stated in the regulation.
Perbandingan Hukum Pidana Islam dan Hukum Nasional tentang Tindak Pidana Pemerkosaan terhadap Anak Kandung Rian Hidayat; Rahmatiah HL
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum VOLUME 3 ISSUE 2, MAY 2022
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.vi.23605

Abstract

This paper aims to find out the views of Islamic law and positive law on rape by the biological father and to find out the views of Islamic law and positive law on the Sungguminasa District Court Decision. The type of research used is field research or commonly referred to as Qualitative Field Research. Descriptive Qualitative Field Research is a type that describes a research as qualitative about the object being discussed in accordance with the reality that exists in society. This study uses data collection methods by Observation, Interview and Documentation. The results of this study indicate that in the view of Islam there are differences of opinion in giving punishment for fathers who rape their biological children. The first opinion states that the law is stoning, because the perpetrator is seen as a muhsan adulterer. The second opinion states that the punishment is ta‟zir, that is, the degree and type of punishment is left to the ijtihad decision of the authorities and the application of material criminal law to the crime of sexual intercourse with children in the case of decision number: 327/Pid.Sus/2020/PN. Sgm has been appropriate because has fulfilled the elements contained in 81 paragraphs (1) and (3) of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection.
Co-Authors Ashabul Kahfi Asrullah Dimas Muh. Fiqri Kadir Muhammad Reski S Rian Hidayat