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All Journal Bestuur Dimas: Jurnal Pemikiran Agama untuk Pemberdayaan Al-Ahkam Jurnal Hukum IUS QUIA IUSTUM Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum Tawazun: Journal of Sharia Economic Law Journal of Morality and Legal Culture

Zaidah Nur Rosidah

IAIN Surakarta

Author-ID : 364343

Religion Humanities Economics, Econometrics & Finance Education Energy Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Refleksi Paradigma Ilmu Pengetahuan Bagi Pembangunan Hukum Pengadaan Tanah Lego Karjoko; Zaidah Nur Rosidah; I Gusti Ayu Ketut Rahmi Handayani
BESTUUR Vol 7, No 1 (2019): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

The purpose of this study is to explain the influence of the positivism paradigm in making land acquisition law and its application which is oriented towards formalism in Indonesia. This type of research is normative and prescriptive legal research, a paradigm that should be used to develop land acquisition law that can realize respect for land rights. To answer the research problem a concept approach is used with the analysis of the syllogism of deduction and interpretation. The paradigm of science as its major premise, while the regulation and application of land acquisition for public use as a minor premise. The results of this study are the positivism paradigm imbued with capitalism causing compensatory injustice and formal injustice in land acquisition for public use. Globalization, through international treaties, causes the importation of the laws of donor countries, which have a capitalist ideology to the Indonesian legal system, which has a family ideology. This harmonization problem if not resolved properly can cause injustice. To realize convergence, it is necessary to consider the use of realistic socio legal theory in land acquisition legal research. Keywords: Positivism, Realistic Legal Socio, Land Acquisition, Justice.

Coherence of the Rules of Sharia Against Pancasila Zaidah Nur Rosidah
BESTUUR Vol 8, No 1 (2020): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

This paper aims to find the coherence of sharia principles towards Pancasila. Pancasila as the philosophical basis of the state has an important role in the life of the nation and state. The principles of sharia are important principles for Muslims in muamalah. The type of research used is normative legal research to find coherence between sharia principles in Pancasila. The approach used is a conceptual approach. Secondary data were collected through literature study. Analyze the data using the syllogism method of deduction and interpretation, where the sharia principle is coherent with Pancasila. The results showed that first, the concept of ownership of property and payment of zakat and justice is coherent with the first, second and fifth precepts of Pancasila. Second, the principle of willingness is coherent with the second principle of humanity which is just and civilized, the principle of equality is coherent with the third principle of Indonesian unity, the principle of honesty and truth is coherent with the principle of the Almighty God and the second principle of fair and civilized humanity, the principle of benefit and mutual advantageous in line with the fifth precepts of social justice for all Indonesian people, the written principle in sharia principles is in line or coherent with the fourth principle of populism, which is led by wisdom in deliberation / marriage. Keywords: Coherence; Sharia Principles; Pancasila.

Co-Authors I Gusti Ayu Ketut Rahmi Handayani Layyin Mahfiana Lego Karjoko Lego Karjoko Winarto Winarto

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