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Ahmad Arief
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Fakultas Syariah Institut Agama Islam Negeri (IAIN) Palu Jl. Diponegoro No. 23 Palu Sulawesi Tengah 94221 Email : bilanciafasya@iainpalu.ac.id
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INDONESIA
BILANCIA
Published by Institut Agama Islam Negeri Palu
ISSN : 19785747     EISSN : 25799762     DOI : https://doi.org/10.24239/blc
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
BILANCIA: Journal of Sharia and Law Studies is a journal that seeks to revive and integrate the scientific values of sharia and law, starting from the integration of theories and practices. Therefore, the Editorial Team accepts all types of articles which contain sharia studies, legal studies and integration studies between sharia and law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
 1 
Search results for , issue "Vol. 16 No. 2 (2022): BILANCIA" : 7 Documents clear
PIDANA PENGAWASAN TERHADAP ANAK YANG BERHADAPAN DENGAN HUKUM DALAM SISTEM PEMIDANAAN DI INDONESIA Alifa Rizqi Fajriani; Muridah Isnawati
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 16 No. 2 (2022): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v16i2.941

Abstract

This study focuses on examining criminal oversight of children in conflict with the law in the Indonesian criminal system, the trend of increasing rates of juvenile delinquency and the level of offenses committed by minors which lead to crimes committed by children which encourages more supervision. Providing appropriate direction, countermeasures, or handling for children who commit violations that lead to criminal acts. This study uses the Statute Approach. The results of the study show how the juvenile criminal law policy regarding criminal supervision of children in conflict with the law.
GOVERNMENT POLICY IN PREVENTION OF HUMAN TRAFFICKING IN WEST LOMBOK REGENCY NUSA TENGGARA BARAT Idul Adnan Rasim
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 16 No. 2 (2022): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v16i2.968

Abstract

Based on data from the Crisis Centre belonging to the National Agency for the Placement and Protection of Indonesian Migrant Workers which is called BNP2TKI, there were 1,759 complaints from workers assigned abroad as of/January-March 2019, where 71 cases were confirmed as human trafficking. and 2,430 cases which have indicators of human trafficking and there are 32 cases of trafficking in persons from the province of Nusa Tenggara Barat where as many as 59 victims are from West Lombok Regency. Using normative empirical research or also best known as field research, this paper applied the descriptive analysis method in analysing the data and found the following: forms and models of human trafficking in West Lombok Regency, Nusa Tenggara Barat done by a scalper who approached potential target induvidually ( home-to-home / door-to-door), then offered a job with a big number of salary to the victim, using nonprocedural ways, document falsification and persuading victims to escape from legal corporate. The duties of the West Lombok government are to prevent the occurrence of the criminal act of human trafficking there for socialization in the community and schools in West Lombok about procedurally being legal workers migrants and law enforcement on the criminal offender are crucial to be born in mind.
GENEALOGI DAN PRODUK PEMBAHARUAN HUKUM WARIS TURKI arif sugitanata; Suud Sarim Karimullah; Wifa Lutfiani Tsani
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 16 No. 2 (2022): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v16i2.1035

Abstract

This article discusses genealogy and products of inheritance law renewal in Turkiye. The focus of this research is genealogically how inheritance law was born in Turkiye and what are the products of inheritance law reform in Turkiye. In this study, researchers used literature studies whose data sources came from related books and journals. This study concludes that the geneology of inheritance law renewal in Turkiye broadly began when the Turkiye state was founded and led by Mustofa Kemal as the first leader, where Ankara was the capital. This had an impact on the Turkiye country which carried out many major reforms influenced by the West, such as the prohibition of polygamy, giving freedom to women and upholding equality for them, including in the field of inheritance, where men and women get one to one. Then the inheritance law products imposed by the Turkiye state were included in the Turkish Civil Code. The amendment was approved by the Turkiye National Assembly on November 27, 2001 and socialized through the Turkiye Daily Newspaper on December 8, 2001. The amendment contains 1030 articles, one of which relates to inheritance law in Turkiye, where inheritance distribution is enforced in the Turkiye inheritance law regulations only applies to nuclear families who can receive inheritance. Meanwhile, relatives outside the nuclear family cannot become heirs unless the nuclear relatives also take care of the heirs, so that they receive a share of the inheritance. Then in inheritance law there is no difference between the rights, position and degrees of men and women because both are considered the same, so there is no difference in obtaining a share of the inheritance.
MASLAHAT DALAM HUKUMAN MATI BAGI PELAKU LGBT Muhammad Taufan Djafri; Darussalam Syamsuddin; Abdul Syatar
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 16 No. 2 (2022): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v16i2.1154

Abstract

Lesbian, Gay, Bisexual and Transgender (LGBT) is a term used since the 1990s to describe a group of people with different sexual orientations and behaviors. This term replaces the previous phrase "Gay Community". Some countries that reject LGBT people are Saudi Arabia, Yemen, Sudan and Iran, which are known to have imposed the death penalty on LGBT people. Though there have been no reports of actual death sentences in recent years. This study aims to reveal the relationship between the benefits of Islamic law and the possibility of imposing the death penalty on LGBT offenders. A normative approach is used in this study and it is found that in Islam, LGBT is prohibited. Although scholars differ on the punishment for LGBT offenders, there are still LGBT offenders found in the Muslim community. The maslahah perspective is presenting studies and guidelines that can be used as a reference in determining the appropriate punishment for LGBT offenders. The assumption about the permissibility of being LGBT can be rebutted by the presence of power that underlies one's religious beliefs. Scientists hope that punishment for LGBT offenders will not only become a discourse but should be considered if possible to be implemented. The government and all related elements must be able to provide awareness that stigma, discrimination or prejudice against LGBT people is something that can happen because religion prohibits LGBT actions and the concept of human rights is upheld in Indonesia.
PERCERAIAN DI MASA PANDEMI COVID-19; ANALISIS TERHADAP PENYEBAB MENINGKATNYA ANGKA PERCERAIAN DI SEMARANG Wifa Lutfiani Tsani; Alfian Daha Wira Utama
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 16 No. 2 (2022): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v16i2.1167

Abstract

Every couple who agrees to marry hopes to build a family that is sakinah, mawaddah, and warahmah which is full of grace and harmony in married life. However, a number of marriages must end in divorce. During the Covid-19 pandemic, a spike in the divorce rate was found at the Semarang Religious Court. The data states that more divorces are caused by financial problems that spread into domestic disputes that end in separation. Another factor that recorded the high number of divorces during the pandemic was the increasing intensity of husband and wife meetings which resulted in household conflicts. In addition, the wife's awareness of the unequal fulfillment of rights and obligations, especially the hampered husband's livelihood, has resulted in the wife suing for divorce in the Religious Courts. This economic issue is inseparable from the conditions of the PSBB and PPKM during the Covid-19 pandemic.
MENYOAL KEADILAN SOSIAL TERHADAP JEMAAT AHMADIYAH DI INDONESIA PERSPEKTIF ISLAM DAN SILA KE-5 PANCASILA Andi Muh. Taqiyuddin BN; Misbahuddin; Kurniati
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 16 No. 2 (2022): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v16i2.1321

Abstract

The purpose of this research is to reveal the history of the emergence of Ahmadiyya and its entry into Indonesia, the facts of violence against the Ahmadiyya Congregation in Indonesia and the government's role in protecting the Ahmadiyya Congregation, as well as social justice for the Ahmadiyya Congregation in Indonesia in the perspective of Islam and Pancasila. This qualitative research is a library research that collects data through literature such as journals and books. The results show that Ahmadiyya is a faith-based organization initiated and propagated by Mirza Ghulām Ahmad. There are two sects within this organization; Lahore and Qadian. The Lahore Ahmadiyah sect was spread to Indonesia through Mirza Wali Ahmad and Maulana Ahmad in 1924. Meanwhile, the Ahmadiyah Qadian sect was spread by Rahmat Ali in 1925. The Lahore sect stated that Ahmadiyah was born in 1888 while the Qadian sect stated that Ahmadiyah was born the next year. The existence of the Ahmadiyya Congregation in Indonesia is marked by a series of episodes in the form of neglected facts of social justice. Various acts of attacks, violence, persecution, and so on are portraits of the life of the Ahmadiyya Muslim Community in Indonesia as legal citizens before the law. It is understandable that the government's role in protecting the Ahmadiyya Congregation has not been maximized due to various acts of violence against the Ahmadiyya Congregation in Indonesia. Based on the fifth precept of Pancasila and from an Islamic perspective, in this case the preservation of life, lineage, property and reason, social justice has not been realized for the Ahmadiyya Congregation in Indonesia with violent attacks in the form of indiscriminate acts. vigilantes against the Ahmadiyya Congregation are still found.
HARMONISASI SYARI’AT DAN HAKIKAT DALAM PENERAPAN HUKUM ISLAM DI INDONESIA: KAJIAN FALSAFAH TASYRI Hisbullah Hisbullah; Hanaping; Misbahuddin; Sabri Samin; Andi Moh. Rezki Darma; Mulham Jaki; Sofyan
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 16 No. 2 (2022): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v16i2.1361

Abstract

Shari'ah and Hakikah are two sciences in Islam that are seen as conflicting sciences. The science of Shari'ah which is oriented to the deeds of human birth and the science of hakikah oriented to the inner deeds of man. Both tend to be viewed differently in their practice. However, if understood and explored, the two sciences have a very close relationship and cannot be separated from practice. Man consisting of both lahiriyah and batiniyah elements desperately need both knowledge to achieve the goal of human creation, namely worship and worship God. The science of Shari'ah as a form of embodiment of human slavery through concrete behavior, while the science of nature as the embodiment of human slavery through abstract and only known emotional and inner activities of the individual who does it. Through the fusion of shari'ah and hakikah, the application of Islamic law can be enforced in a mannered manner with law enforcement through a method of gentle approach or upholding ihsan. The enforcement of Islamic law with ihsan has been enforced since the time of the Prophet Muhammad (peace be upon him), enforcement in a polite manner is expected to uphold the sharia law of Islam to all human beings around the world without any violence and compulsion.

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