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Jurnal Ius Constituendum
Published by Universitas Semarang
ISSN : 25412345     EISSN : 25808842     DOI : 10.26623
Core Subject : Social,
Journal Ius Constituendum a scientific journal that includes research, court decisions and assessment/comprehensive legal discourse both by researchers and society in general to emphasize the results in an effort to formulate new rules of the new in the field of the legal studies in accordance with the character of ius constituendum. Journal Ius Constituendum periodic journal published twice a year in April and October, has been indexed SINTA 3 (Accredited by the Directorate General of Research And Development of the Ministry of Research, Technology, and Higher Education of the Republic of Indonesia Number 36/E/ KPT/2019). Registered as a member of Crossref system with Digital Object Identifier (DOI) prefix 10.26623. All articles will have DOI number.
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Articles 113 Documents
KONSISTENSI PERDA NOMOR 14 TAHUN 2011 TENTANG RENCANA TATA RUANG KOTA SEMARANG 2011-2031 DALAM PERSPEKTIF PEMBANGUNAN YANG BERkELANJUTAN Muhammad Junaidi
Jurnal Ius Constituendum Vol 1, No 2 (2016): Oktober
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (768.573 KB) | DOI: 10.26623/jic.v1i2.540

Abstract

Environmental problems can NOT be released from the arrangement of spaceproblems in Indonesia, as well as THE issue occurred in the city of Semarang. It is caused by Singer Development Activities The city ASPECTS NOT pay attention to the Environment. In HAL embodies Sustainable Development, City of Semarang LocalRegulation No. 14 Year 2011 CONCERNING Spatial Plan Semarang from 2011 to 2031, as the legal umbrella of the City Government of Semarang hearts set Spatial city. Operates SPECIAL Research singer explained how consistency Regional Regulation No.14 of 2011 Against the Law on Spatial Planning No. 26 of 2007 and Law on the Protection and Management of the Environment No. 32 of 2009, as the Guidelines, Tutorial, and Strategy For the City of Semarang hearts held Governance And Development Activities spatial. The method which was used hearts Research singer, using methods of normativejuridical approach, Research singer seeks to review conduct an inventory of positive law and principles of the law incronceto to review then performed sinkronsiasi hearts HAL singer Regulation No. 14 Year 2011 CONCERNING Spatial Plan Semarang 2011 -2031 WITH Devices legal rules structuring space, as well as the Protection and Management of the Environment The previous beraku Currently in Indonesia.
PERBANDINGAN ANTARA HUKUM POSITIF DENGAN HUKUM ISLAM MENGENAI PEMBAGIAN HARTA BERSAMA AKIBAT PERCERAIAN Masrokimin Masrokimin
Jurnal Ius Constituendum Vol 1, No 2 (2016): Oktober
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (690.59 KB) | DOI: 10.26623/jic.v1i2.548

Abstract

Positive Law of the treasure together for this is still not the Resolute to provide rules on the division of the problem treasure together all still feel ambiguous are no rules that specify the split of the treasure together in KHI (Compilation of Islamic Law) by dividing equally that half to his wife and half for husband , but in a specific case by case if all decisions jointly owned by such disputes will be found, less able to reflect the sense of justice by a particular party, the Islamic law there is no clear division of the treasure together, both in classical and contemporary jurisprudence, is not even found in Al-Quran or Al-Hadith on this issue, there are certain differences in solving problems of common property, from differences in both the Positive Law and Islamic Law regarding subdivision and settlement when there is a dispute about the treasure joint will be obtainedcomparison, the ratio will be understood as a positive step in understanding and explore how the distribution and completion of this common treasure, so that would be obtained justice for those who want to resolving the problem treasure together.Legal dispute settlement joint property according to the Law-Marriage Law No. 1 of 1974 and the Compilation of Islamic Law that according to article 37, that is: "If the marriage broke up because of divorce, the joint property set by statute each-each, any property obtained during marriage is community property, where as in the compilation of Islamic Law, joint property due to divorce will be split half and half for the husband to the wife. The judge in the consideration of the joint property dispute resolution processes as a result of the divorce, the judge must be able to contribute to find a law that make of public order and sense of justice among the parties in addition to the meaning of legal certainty and legal protection. The procedure for resolving disputes together limitative property has been set in the civil procedural law, ranging from the laws it until judge so submission concerning joint property dispute after their divorce. In the process of dispute resolution does not rule out treasure along with the reconciliation process or mediation outside the Judiciary or in Non-Litigation with principles-principles and basic-basic fairness amongpihak. In Islamic law principles for dispute resolution highly promoted because it will be much can find a sense of justice among between with attention to customary law and without prejudice to the other party. But when disputes the joint property is entered in the Litigation in court Judge precisely given the right to according in this settlement by way istimbath law as rights - the right of a judge that they have in accordance with the main points of the power of Justice.
ANALISIS YURIDIS TENTANG PELAKSANAAN PEMBATALAN HIBAH TANAH OLEH PEMBERI HIBAH Hengky Prasetyo
Jurnal Ius Constituendum Vol 1, No 2 (2016): Oktober
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (597.474 KB) | DOI: 10.26623/jic.v1i2.549

Abstract

Grant is an agreement that is in everyday life, especially in modern society, the covenant is a constantly found in everyday life. Classified in the grant agreement freely in word freely demonstrated their prestige from one side only, while the other woods do not have to provide counter prestisnya. In principle a grant can not be withdrawn, but for the reasons specified by law and given certain circumstances, a grant it is possible to be withdrawn by the giver. The problems in this study are whether that is a consideration in the decision on the implementation of the cancellation judge grants of land by the grantor? And how the considerations of the judges are ideal to be applied in the cancellation of the grant of land by the grantor in Decision No. 95/Pdt.G/2004/PN Smg? The purpose of this research is to determine and analyze the consideration of judges in the implementation of the decision of cancellation of grants of land by the grantor; and to identify and analyze the consideration ofjudges ideal to be applied in the cancellation of the grant of land by the grantor No. 95/Pdt.G/2004/PN Smg. The method used in this research is normative juridical research.  Judge consideration by the Civil Code, Compilation of Islamic Law, Customary Law and Agrarian Law. The judge gives a decision that the grant made under the hand not have the force of law or legal defects that do not have binding legal force. The grant deed null and void, meaning not only canceled aktanya alone but the legal act also canceled. In an effort to cancellation of the grant by the grantor ideally Judge must look at aspects of the norms written and unwritten. Consequently sought the response of legal certainty for the parties involved to donate land. The judges must pay attention to how the decision to have the values of local wisdom into consideration in the cancellation of the land grant that will be actualized for the parties involved in making the grant deed.
IMPLEMENTASI PENYELESAIAN HUKUM ATAS EKSEKUSI JAMINAN DALAM PERBANKAN SYARIAH Abdul Ghoni
Jurnal Ius Constituendum Vol 1, No 2 (2016): Oktober
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (734.232 KB) | DOI: 10.26623/jic.v1i2.551

Abstract

Phenomenon that happened [at] banking [of] Moslem law during the time sometime not or not yet touched from principles of Moslem law banking, good in context al-bai' (merchant), al-Ijarah (renting), al-Musyarakah (corporation), al-Mudharabah (sharing holder), Ar-Rahn (the mortage), alqard (receivable debt), ad-dhaman and al-kafalah (guarantee and warranty), al-hawalah (evacuation of debt underwriter), but exactly sometime is equal to principle applied by conventional bank. Principle by this Moslem law banking nor far with the fidusia which in this that penghutang (debitur) that is: (1) giving materialism rights; (2) giving rights prioritize to creditor; (3) enabling to giver of guarantee fidusia to remain to master the object of debt guarantee; ( 4) giving rule of law; and (5) easy to executed the. The problem in this research are: (1) how the principles and remedies for the execution of the collateral in Islamic banking; and (2) how the implementation of remedies for the execution of the collateral in Islamic banking? The method used in this research is the method: (1) observation; (2) interview; and (3)documentation. This research target description of about: (1) how principle and solving of law for executing guarantee in Moslem law banking; and (2) how implementation of solving of law for executing guarantee in Moslem law banking. Result obtained that in solving of law for executing guarantee in banking that: (1) that banking of Moslem law in solving of law for executing guarantee use the law fidusia and act to apply the concept going into effect in Moslem law banking. Therefore principle which must be bring back and apply the Islam concept in running Moslem law banking; (2) that implementation during the time felt by debitor refer the system run by a Moslem law banking, debitor exactly its burdenprogressively heavily because of sanction applied by a banking. Therefore, banking of Moslem law have to bring back or run the banking wheel have to relate the concept kemaslahatan, justice, ta'awun.
PENDAYAGUNAAN ZAKAT SEBAGAI UPAYA PENGENTASAN KEMISKINAN (Studi di Baznas Provinsi Jawa Tengah) Abdul Aziz
Jurnal Ius Constituendum Vol 1, No 2 (2016): Oktober
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (713.305 KB) | DOI: 10.26623/jic.v1i2.552

Abstract

Zakat is a religious “maaliyah ijtima’iyah”, worship associated with theproperty, which has a position is very important to improve the welfare of thecommunity, if properly managed, trustworthy, transparent Shari'a compliantIslamiyah, both collection and distribution. Suspected not optimal zakat becausethe government does not have specific policies to make zakat as a source of state revenues. However, if the charity has shown remarkable function as a tool of poverty and pensejahtera pengentas people, the government could begin to look to charity as a major instrument in the nation's economy.The problem in this research is the utilization of zakat what is appropriateas the fight against poverty? And how is ideally Baznas utilization of zakat inCentral Java province attempted to alleviate poverty? The purpose of this studywas to determine the utilization of zakat is appropriate as the fight againstpoverty, and to determine the utilization of zakat in Central Java province Baznasstrived for poverty alleviation.The method used in this research is juridical empirical research, theresearch refers to the norms and principles of law contained in legislation andjudicial decisions and adjusted to actual conditions. Specifications of this research is descriptive analytical research, a study that tried to illustrate the legal issues, legal and studying it or analyze it according to the needs of the research in question, namely on the Empowerment of charity as an effort to increase poverty.The data analysis used is qualitative analysis, which, after collecting data,processing is done, analyzing and constructing thoroughly, systematicallydescribes the relationship between different types of data. Further data iscompleted and processed, and then analyzed descriptively. So as to provide asolution to the problems in this study, which is about the Empowerment Zakat forPoverty Reduction Efforts?  Baznas utilization of zakat in Central Java province is not suitable as reducing poverty. Because until now only zakat profession is maintained and only a couple of the Local Government Unit (SKPD) only in Central Java. Poverty is not just caused by natural factors alone, but also equitable development factors influence on this issue. One solution is to empower community-based charity. In effect, alleviating poverty is to alleviate the cause, either individuals or groups in society.
ANALISIS TERHADAP PELAKSANAAN AQAD PEMBIAYAAN DENGAN PRINSIP MUDHARABAH PADA BANK SYARIAH DALAM KAJIAN UU NO. 21 TAHUN 2008 TENTANG PERBANKAN SYARIAH Abdullah Kelib; Sodikul Amin
Jurnal Ius Constituendum Vol 2, No 1 (2017): April
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (500.257 KB) | DOI: 10.26623/jic.v2i1.541

Abstract

The Mudharabah Financing Agreement is based on trust, with another understanding that the investor will hand over the funds to the fund managerparty after the investor is sure that the borrower of the capital both skillfully andmorally is trustworthy to manage the capital provided with his expertise and willnot manipulate the capital. However, it does not mean that in the implementationof the mudharabah agreement the fund management party is released from theguarantee system or there is third party who guarantee it. This is done in order to create justice among customers / mudharib and the bank so it can protectthemselves from the loss. The problems in this research are how the implementation of mudharabahfinancing agreement in Sharia Banks, how the Banks solve the in troublemudharabah financing in Sharia Banks, what sanction is implemented tomudharib if they break the agreement in Mudharabah financing agreement. To answer the above problems, this study uses juridical normative methodqualitatively by analyzing primary, secondary and tertiary data as well asinterview materials therefore produces the answer of each problems given. Based on the research it can be concluded that, among others, thearrangement of mudharabah financing agreement is based on the holy Al-Qur'an, Al-Hadist, National Sharia Fatwa Council of MUI, Act No. 21 Year 2008 onSharia Banking and Act No. 10 Year 1998 About Banking. 
IMPLEMENTASI AKAD MUDHOROBAH PADA KOPERASI SIMPAN PINJAM DAN PEMBIAYAAN SYARIAH BAITUL MAAL WATTAMWIL “BINAMA” SEMARANG Diah Sasikirana Retno Murniati; Muhammad Junaidi
Jurnal Ius Constituendum Vol 2, No 1 (2017): April
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (768.545 KB) | DOI: 10.26623/jic.v2i1.542

Abstract

ABSTRACTAlthough BMT (Baitul Maal wat Tamwil) has not had legal peotection, but in its principle these BMT institutions have performed their function asintermediary institutions that manage funds from, for and by the society. Theproblem of Bmt is not only limited to the legal legality that protect them, but alsorelated to the law of guarantee. Based on the above background, the writer formulates the purpose ofwriting, namely To know the Implementation of Mudharabah Agreement in KSPSBaitul Maal Wattamwil "Binama" Semarang and to understand the obstacles andsolutions. The method of approach used in this study is the juridical sociologicalapproach. The specification of this study is descriptive analysis, which is expectedto be able to provide detail, systematic, and comprehensive description of allmatters related to the object to be studied. The data used in this study are primarydata and secondary data, i.e data obtained through interviews and librarymaterials collected through bibliographic data, which then analyzed qualitatively. The conclusion of this study is that the Implementation of Mudharabahagreement in KSPS BMT Binama Semarang is in the form of mudharabah savingand mudharabah financing. In the implementation, saving or mudharabah savingcan be implemented smoothly, while mudharabah financing scheme is stilldifficult to be implemented in KSPS BMT Binama because the financing ofmudharabah is difficult to be implemented due to the constraints such as thedifficulty of transparency of mudhorib regarding to the profit obtained, thusinhibiting the purpose of mudharabah financing according to Islamic sharia. Inaddition, KSPS BMT BINAMA in providing financing must be with assurance. Todeal with these obstacles, the solutions implemented by KSPS BMT BINAMA inaccordance with the principle of justice are as follows: 1) Market penetration,that is by recruiting new members and make the old members loyal throughvarious services programs in BMT; 2) Cooperate with sponsorship pattern withother agencies for synergy; 3) Public awareness on sharia saving and loan. 4)Assess prospective members or customers from various aspects. The aspects offinancing are better known as the 5 C's principles.
PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN SEKSUAL DALAM KAJIAN HUKUM ISLAM Helen Intania Surayda
Jurnal Ius Constituendum Vol 2, No 1 (2017): April
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (485.784 KB) | DOI: 10.26623/jic.v2i1.543

Abstract

AbstractLegal protection for the interests of sexual violence victims either through the judicial process or by means of social care, is part of the legal policy. Thelegislation that becomes the reference for handling the sexual violence casesmakes it difficult for women to access justice. The elasticity of Islamic law ishighly adaptable to the dynamics of social change and the advance of the world.Multidimensional nature within the scope of Islamic law covers all aspects ofhuman life. The purpose of the establishment of Islamic law is to realize thebenefit for mankind. Just as the recovery of sexual violence victims is related tothe victim's invidual benefit. The problems in this thesis are: a) how legal protection for sexual violencevictims seen from positive law, b) how the legal protection for sexual violencevictims in the concept of Islamic law study. To answer the problems, researchwith juridical normative approach method with specification of analyticaldescriptive research is conducted. The type of data used in this research issecondary data. Based on the conducted research, it is found that protection for sexual violence victims have not been optimally facilitated by the state. The recovery of the violence victims must be broadly understood, not only in medical, legal or psycho-social interventions but also in the creation of situations in which the victims of violence can be fully empowered, so they are able to take decisions in their lives and are able to resume their roles in society as women and citizens.The law is always positive law, and the legal positivism lies on the fact that thelaw is created and abolished by human actions, so apart from the morality andthe norm systems themselves. The aspects of maslahah mursalah if applied to the legal protection for the victims of violence do not use normative approach as the case in general but the one which is used is the rights of the victims to takeprecedence in its handling. 
HAK KEWARISAN BAGI AHLI WARIS YANG MELAKUKAN OPERASI PENYESUAIAN KELAMIN GANDA (KHUNTSA) DALAM TINJAUAN HUKUM ISLAM Wiwit Widya Wirawati; Abdullah Kelib
Jurnal Ius Constituendum Vol 2, No 1 (2017): April
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (361.572 KB) | DOI: 10.26623/jic.v2i1.544

Abstract

ABSTRACTAllah SWT has set the rules on the issue of inheritance clearly and firmly in Al-Qur'an Surah An-Nisa article 11. It explains about the division of inheritance based on male and female sex, that is 2:1 (Das Sollen). But in fact there is a group of people called Khuntsa (double sex). Neither in Al-Qur‘an nor Hadist explains the provisions of inheritance for khuntsa heirs and the large number of parts they receive (Das Sein). The formulation of the problem in this study is how inheritance for the heirs who perform double genital surgery (khuntsa) according to KHI and how the right should be given to the heirs who performdouble genital adjustment surgery (khuntsa) in accordance with Islamic Law. This research uses juridical normative approach method with analytical descriptive research specification. Sources and types of data are secondary data obtained from Islamic legal norms on inheritance and khuntsa obtained from Al-Quran, Hadist, KHI, and fuqaha and experts opinions in various literature on inheritance and khuntsa. Based on the research result, khuntsa inheritance right is not regulated in KHI.Theredore if khuntsa conducts genital adjustment surgery, and get the clarity of its legal status hence its right of inheritance is as specified in Article 176 KHI. The provision of inheritance for khuntsa heirs in Islamic Law is khuntsa first predicted as male then female.Khuntsa and other heirs share the smallest and most convincing estimates, while the remaining doubts are held until the status of the khuntsa law is clear. If the khuntsa matter is clear, the acceptance of all the heirs is perfected by adding share to those who are reduced according to the acceptance they should receive. In the future, the formulation of KHI should regulate the right of khuntsa inheritance along with the amount of the inheritance received. 
KEDUDUKAN HUKUM PENGAMBILALIHAN TANAH WAKAF YANG BATAL DEMI HUKUM UNTUK DIBAGIKAN SEBAGAI HARTA WARISAN DALAM KAJIAN UNDANG-UNDANG NO. 41 TAHUN 2004 TENTANG WAKAF Lambang Prasetyo
Jurnal Ius Constituendum Vol 2, No 1 (2017): April
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (581.8 KB) | DOI: 10.26623/jic.v2i1.545

Abstract

ABSTRACTWakaf is legal act of a person or legal entity that separates part of the property in the form of land property and institutionalize it forever for the sake of worship or other public purposes in accordance with the teachings of Islam. The purpose of this study is: To understand the process of the acquisition ofwakaf land which is canceled by law for being shared as heritage and the legalstatus of wakaf land acquisition which is canceled by law for being shared asheritage in accordance with Act No. 41 Year 2004 about wakaf. The research methodology used in this study is juridical normativeapproach, with specification of analytic descriptive. The sources of the researchare derived from the primary and secondary law materials with the technique ofcollection through the literature and library research. The method of datapresentation is descriptive, the method of analyzing the law materals is done byusing qualitative analysis. The results of the research show that: 1) The process of acquisition of wakafland that is canceled by law for being shared as inheritance is carried out bySemarang Religious Court by determining the joint property of wakif and thewakif‟s wife, then set half of the joint property is the wakif part which has notbeen shared and stated the heirs and their parts according to the provision ofIslamic inheritance. This is in accordance with Article 97 of the Compilation ofIslamic Law which states that the wakif (widower) should be given half of thecommon property as long as it is not specified otherwise in the marriageagreement. 2) Legal status of the acquisition of wakaf land which is canceled bylaw for being shared as inheritance based on Act No. 41 Year 2004 about wakaf,In principle, Act No.41 Year 2004 affirms that wakif‟s land that has been sharedcan not be canceled, but of course the principle of law certainty must synergizewith the value of fairness to the perpetrator or heirs. This is where the role of the judges are required to provide fair justice if found wakaf case. 

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