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URGENSI KAIDAH FIKIH DAN APLIKASINYA TERHADAP MASALAH-MASALAH SOSIAL Pancasilawati, Abnan
FENOMENA FENOMENA Vol 4 No.2, 2012
Publisher : LP2M IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/fj.v4i2.221

There is an urgency of fiqih norms and its application to solve social problems. Fiqih norms is a part of fiqih study and becomes one of the methods in Islamic law. Without understanding of fiqih norms, someoneâs understanding about Islamic law will be not comprehensive, because it can make the law practitioners easy to understand the problems related to fiqih. The position of fiqih norms as a complementary subject after Al-Qurâan and Sunnah has been a convention among Moslems. In other sides, the position of fiqih norms as a source is still debatable among Moslems. It is because fiqih norms tend to have an unknown exception for some Moslems. In this case, some ulama use fiqih norms which are based on the nash to determine a regulation which it has not established yet.

Konsep Keadilan Dalam Poligami (Sebuah Kajian Yuridis) Pancasilawati, Abnan
FENOMENA FENOMENA Vol 5 No 2, 2013
Publisher : LP2M IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/fj.v5i2.232

The concept of justice is a fundamental debate and is always actual throughout the life of humankind. Justice, in the history of human thought, began since the era of Socrates, Plato, and Aristotle. The concept or justice theorizing is still actual, not final yet, until nowadays. It is caused by its characteristics which are abstract and so meaningful. Therefore, it needs justice theorizing to find a comprehensive understanding about justice in order to find out components contained in it through research activity. One of the law purposes is justice. It needs law instruments to meet the law purpose such as Legislation, legal weight, customary law, canon law, and many others. All the law instruments can rule specific things such as provisions in the field of family law. Polygamy is a controversial problem whereby in its debate emerges various opinions primarily on the justice concept as the main requirement in polygamy. Some scholars interpret that justice in polygamy merely deals with material aspect. However, some others interpret that justice in polygamy covers the aspects of material and immaterial (love and compassion).

Perlindungan Hukum Bagi Hak-Hak Keperdataan Anak Luar Kawin Pancasilawati, Abnan
FENOMENA FENOMENA Vol 6 No 2, 2014
Publisher : LP2M IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/fj.v6i2.168

This study is directed to describe: 1) the guarantee of protection in the law for children rights who are born without marital status, 2) the support of the legal culture of society in the realization of the protection of children rights who are born without marital status. The result of study shows that: (1) The law has not given any guarantee of protection for children rights who are born without marital status. It is because there is no harmonization of the law and it is against the internal law culture where the law enforcers have not run the legal law optimally to conduct a good protection since they should accept or refuse the content of Constitutional Court No. 46/PUU-VIII/2010. (2) The supports of the legal culture of society, in the realization of the protection of children rights who are born without marital status, are good enough as long as they are supporting religious values and justice values which are being applied in the society.

Konsep Keadilan Dalam Poligami (Sebuah Kajian Yuridis) Pancasilawati, Abnan
FENOMENA FENOMENA Vol 5 No 2, 2013
Publisher : LP2M IAIN Samarinda

The concept of justice is a fundamental debate and is always actual throughout the life of humankind. Justice, in the history of human thought, began since the era of Socrates, Plato, and Aristotle. The concept or justice theorizing is still actual, not final yet, until nowadays. It is caused by its characteristics which are abstract and so meaningful. Therefore, it needs justice theorizing to find a comprehensive understanding about justice in order to find out components contained in it through research activity. One of the law purposes is justice. It needs law instruments to meet the law purpose such as Legislation, legal weight, customary law, canon law, and many others. All the law instruments can rule specific things such as provisions in the field of family law. Polygamy is a controversial problem whereby in its debate emerges various opinions primarily on the justice concept as the main requirement in polygamy. Some scholars interpret that justice in polygamy merely deals with material aspect. However, some others interpret that justice in polygamy covers the aspects of material and immaterial (love and compassion).

Perlindungan Hukum Bagi Hak-Hak Keperdataan Anak Luar Kawin Pancasilawati, Abnan
FENOMENA FENOMENA Vol 6 No 2, 2014
Publisher : LP2M IAIN Samarinda

This study is directed to describe: 1) the guarantee of protection in the law for children rights who are born without marital status, 2) the support of the legal culture of society in the realization of the protection of children rights who are born without marital status. The result of study shows that: (1) The law has not given any guarantee of protection for children rights who are born without marital status. It is because there is no harmonization of the law and it is against the internal law culture where the law enforcers have not run the legal law optimally to conduct a good protection since they should accept or refuse the content of Constitutional Court No. 46/PUU-VIII/2010. (2) The supports of the legal culture of society, in the realization of the protection of children rights who are born without marital status, are good enough as long as they are supporting religious values and justice values which are being applied in the society.

Penerapan Sanksi dalam Meminimalisir Kejahatan Anak Ditinjau dari Undang-undang Nomor 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak Pancasilawati, Abnan; Noor, Muhamad
FENOMENA FENOMENA VOL 10 NO. 2, 2018
Publisher : LP2M IAIN Samarinda

The implementation of legislation either nationally or internationally linked to the implementation of restorative justice as one of the alterntif in the process of implementation of conviction against children in conflict with the law had been applied, but the case has not yet been thoroughly and still limited at the law enforcement officers and observers who are committed and integrity as well as having the attention to this problems. The implementation of restorative justice which is applied at each level of the process of criminal justice in the form of taking back the children to their parents, versioned by handing the children to Panti Sosial Marsudi Putra (PSMP), and the implementation of social integration through giving CB, CMB, and PB for children who are already serving imprisonment. Some obstacle factors the implementation of restorative justice as one of the alternatives in the implementation of conviction against children in conflict with the law, including physical building facilities and non-physical facilities and legal substance. It is because restorative justice has not been expressly regulated, even though in the law nomer 11, 2012 concerning about the Child Criminal System has been regulated but until now it has not been declared valid. The other factors are legal structure and legal culture.

URGENSI KAIDAH FIKIH DAN APLIKASINYA TERHADAP MASALAH-MASALAH SOSIAL Pancasilawati, Abnan
FENOMENA FENOMENA Vol 4 No.2, 2012
Publisher : LP2M IAIN Samarinda

There is an urgency of fiqih norms and its application to solve social problems. Fiqih norms is a part of fiqih study and becomes one of the methods in Islamic law. Without understanding of fiqih norms, someoneâ€™s understanding about Islamic law will be not comprehensive, because it can make the law practitioners easy to understand the problems related to fiqih. The position of fiqih norms as a complementary subject after Al-Qurâ€™an and Sunnah has been a convention among Moslems. In other sides, the position of fiqih norms as a source is still debatable among Moslems. It is because fiqih norms tend to have an unknown exception for some Moslems. In this case, some ulama use fiqih norms which are based on the nash to determine a regulation which it has not established yet.

PENEGAKAN HUKUM DALAM SYARIâ€™AT ISLAM Pancasilawati, Abnan
Mazahib VOLUME 11, ISSUE 1, JUNE 2013
Publisher : IAIN Samarinda

Application of the rule of law at the beginning of Islam, in principle, in the hands of the Prophet, given the Qur'an as a guide and guide of human life. Being al-Hadith (Prophet's deeds) as explanatory of the Qur'an. Indeed the Prophet established the law is the law of God, because God ordered him to follow what they're told and leave what the Prophet prohibited. Principles of justice in Islam contains valuable concept. He is not synonymous with man-made justice. Humanism human fairness doctrine has alienated transcendental values and have glorified human beings as individuals, so that man becomes a central point. Speaking about the rule of law in Islam, the author tries to link it with the application of punishment in Islam, which is the concept discussed in the chapter jinayah fiqh.

UPAYA LEGITIMASI SYARIâ€™AT ISLAM DALAM HUKUM NASIONAL (Dialektika Sejarah UUD 1945 dan Piagam Jakarta) Pancasilawati, Abnan
Mazahib VOLUME 4, ISSUE 2, DECEMBER 2007
Publisher : IAIN Samarinda

This article is to discuss the role of Islamic law in Indonesia. In particular, it will analyze the history of Jakarta Charter during the process of 1945 Constitution drafting. Jakarta Charter was a proposal from the subcommittee of the Investigating Committee for the Preparation of Indonesian Independence (BPUPKI) to resolve the controversies around Islamâ€™s role in the state in 1945. Â It proposed to add several additional words to the first principle of Pancasila â€œBelief in God,â€ namely â€œwith the obligation for adherents of Islam to carry out Islamic law.â€ Â This addition made reference to the enforcement of Islamic law in Indonesia. Â The Jakarta Charter was intended to serve as the preamble of the 1945 Indonesian Constitution. Â Yet, since it comprised the crucial phrase the concept of unity of newly established Indonesia, which is very pluralistic in nature, the Jakarta Charter was dropped from the preamble of the Constitution in 1945.

Perlindungan Hukum Bagi Hak-Hak Keperdataan Anak Luar Kawin Abnan Pancasilawati
FENOMENA Vol 6 No 2 (2014): FENOMENA Vol 6 No 2, 2014
Publisher : LP2M UIN Sultan Aji Muhammad Idris Samarinda

This study is directed to describe: 1) the guarantee of protection in the law for children rights who are born without marital status, 2) the support of the legal culture of society in the realization of the protection of children rights who are born without marital status. The result of study shows that: (1) The law has not given any guarantee of protection for children rights who are born without marital status. It is because there is no harmonization of the law and it is against the internal law culture where the law enforcers have not run the legal law optimally to conduct a good protection since they should accept or refuse the content of Constitutional Court No. 46/PUU-VIII/2010. (2) The supports of the legal culture of society, in the realization of the protection of children rights who are born without marital status, are good enough as long as they are supporting religious values and justice values which are being applied in the society.

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