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Zona Law And Public Administration Indonesia
Published by Yayasan Mentari Madani
ISSN : -     EISSN : 29885345     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Zona Law And Public Administration Indonesia focus is to publish manuscripts of study results, and specific conceptual ideas in the field of Law and Public Administration. Submitted articles may cover topical issues in Criminal Law, Civil Law, International Law, Islamic Law, Islamic Economic Law, Agrarian Law, State Administrative Law, Criminal Procedure Law, Commercial Law, Constitutional Law, Civil Procedure Law, Customary Law, and Environmental Law, Public Policy, Public Management, Public Sector Innovation, Decentralization, Regional Autonomy and Governance, Local Politics and Democracy, politics, human rights and autonomy and rural/village government
Arjuna Subject : Ilmu Sosial - Hukum
Articles 13 Documents
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Search results for , issue "Vol. 1 No. 2 (2023): SEPTEMBER 2023" : 13 Documents clear
Sharia Economic Law Thought As Syatibi Budi
Zona Law And Public Administration Indonesia Vol. 1 No. 2 (2023): SEPTEMBER 2023
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Abstract

Talking about As-Syatibi's thoughts, where he initiated the concept or thought about the economy in the scope of production, consumption and distribution. The method used in this research is the library method. This method uses documentaries sourced from literature such as journals, books, papers and the internet that discuss As-Syatibi's thoughts on Islamic economics. The foundation of As-Syatibi's thoughts on economics refers to the Maqashid Syariah concept whose orientation is to give birth to Maslahah Mursalah. As-Syatibi's thoughts are believed to be very ideal to be implemented in this modern era because the previous thoughts and ideas about economics are deemed to be very irrelevant. Besides being able to answer the challenges of the times, the Maqashid sharia theory which is juxtaposed with this economic thought must also bring about positive changes, especially for Muslim individuals when dealing with and directly involved with economic activity itself. On the other hand, As-Syatibi divides needs and gives the view that these needs must rely on a priority scale that is matched to each level of need. As for the level of values from an economic perspective, As-Syatibi divides them into three, firstly Dharuryah and second, Hajjiyah. And the third is Tahsiniyah
Law and Morality in Perspective Sharia Economic Law Opik Taupik; Hasan Bisri; Ayi Yunus Rusyana
Zona Law And Public Administration Indonesia Vol. 1 No. 2 (2023): SEPTEMBER 2023
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In contemporary culture, morality and law are frequently debated topics, especially in relation to Islamic economic law. Within the framework of Islamic economic law, this paper will examine the concepts and definitions of morality and law and how they interact and work together. Using descriptive and analytical techniques, the author examines the principles of Islamic economic law that are based on moral ideals such as justice, openness, and honesty. The author's consideration of how law and morality are used in Islamic economic practice emphasizes the importance of compatibility or incompatibility between law and morality. These studies show the interaction between morality and law in various contexts, including in Islamic economic practice. Therefore, it is imperative to harmonize law and morality in the application of Islamic economics to achieve the desired outcome, which is the creation of justice and prosperity for society
Theory of Legal Transformation in Sharia Economic Law Hari Rahmat Mulyadin; Hasan Bisri; Ayi Yunus Rusyana
Zona Law And Public Administration Indonesia Vol. 1 No. 2 (2023): SEPTEMBER 2023
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This journal investigates the theory of legal transformation in the perspective of Islamic economic law. Legal transformation in the context of Islamic economics is a significant phenomenon as it involves changes in regulations and economic practices that are in accordance with Islamic principles. This study aims to understand legal changes in the context of Islamic economics by integrating legal transformation theory and Islamic legal perspectives. The introduction explains that Islamic economics has taken center stage in various countries with a majority Muslim population as well as in non-Muslim countries. Legal transformation in the context of Islamic economics involves the development of laws, regulations, policies, and legal interpretations that enable Islamic financial and investment practices that are in accordance with sharia principles. However, a proper theoretical approach is needed to understand these legal changes comprehensively. This journal adopts a theoretical approach in analyzing legal transformation in the perspective of Islamic economic law. The factors driving legal change, such as social, political, and economic developments, are explored in the context of Islamic economics. In addition, the role of legal institutions in generating changes and implementation of sharia economic law is also discussed. The impact and implications of legal transformation in Islamic economic practices are analyzed in depth. This research discusses how legal changes affect Islamic economic policies, the development of Islamic financial institutions, and their impact on the economic life of Muslims. Challenges and obstacles in the transformation of sharia economic law were also identified, such as differences in legal interpretation, tensions between sharia principles and non-sharia regulations, and political and social constraints. This journal makes a significant contribution in the understanding of the theory of legal transformation in the perspective of Islamic economic law. The results of this research can be used by governments, regulators, financial institutions, and civil society to strengthen the regulatory framework, increase harmonization of sharia principles with economic policies, and encourage sharia economic growth in accordance with Islamic principles.
Correlation of Natural Law Theory with Sharia Economic Law Studies Salfin Abdul Rahman Al’auf; Hasan Bisri; Ayi Yunus Rusyana
Zona Law And Public Administration Indonesia Vol. 1 No. 2 (2023): SEPTEMBER 2023
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In the study of a science there are many views related to the science because in human thought has its own truth based on what they believe and can be used as a reference to the foundation of science. Inseparable from the definition of legal science or legal theory, many philosophies express their opinions about legal theory taken from various scholarly figures from various countries with their own opinions. With this opinion, it is very cool to study from these various definitions to become the basis of science and also the theoretical basis for the study. In this research method, the author uses qualitative methods that are separated from texts, books, images, and others which are not numerical targets, where the results of the research are described in the form of writing that explains something. In conclusion, natural law is a law that applies to all nations because natural law exists everywhere based on human instinct and not because of announcement or promulgation by man. Andrew Altman examines "Traditional Natural Law Theory" and "Modern Natural Law Theory" in his book Arguing About Law: An Introduction to Legal Philosophy (2001), making diachronic classifications
Analysis of Fatwa Characteristics of Sharia Economic Law Syaukani Rahmat Rahmat; Koko Komarudin; Mohamad Anton Athoilllah
Zona Law And Public Administration Indonesia Vol. 1 No. 2 (2023): SEPTEMBER 2023
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Sharia economic law fatwas are legal guidelines issued by scholars and fatwa bodies in the context of Islamic economics and business. This fatwa covers aspects of law, ethics, and economic principles that are Islamic principles. Analysis of the characteristics of Sharia economic law fatwa is important to understand the application of Islamic law in the economic and business context. In this analysis, we will look at the understanding and implementation of the characteristics of fatwas in business practice, the role and significance of fatwas in the Islamic economy, the influence of fatwas on investment decision-making, as well as the dynamics and evolution of fatwas in sharia economic law. The research method used is text analysis to understand the various opinions of experts regarding the meaning and role of the fatwa. Fatwas are considered important in Islam because they can solve problems that are not explicitly regulated in the Al-Quran and hadith. Fatwas have also developed since the time of the Prophet Muhammad until the modern era, involving companions, tabi'in, mujtahid imams, and contemporary scholars. This study aims to provide an understanding of the fatwa of Sharia economic law and its importance in Islamic economics. Through an analysis of the characteristics of fatwas and the research methods used, it is expected to provide a better understanding of the influence and implementation of fatwas in the context of sharia economics and business
Comparison of the Conception Of Property Rights in Terms of Islamic Civil and Civil Law Aip Piansah
Zona Law And Public Administration Indonesia Vol. 1 No. 2 (2023): SEPTEMBER 2023
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Property rights are one part of human rights that have been regulated in the laws and regulations in Indonesia. Ownership can be owned by anyone who is entitled and valid according to written regulations. The focus of this discussion is to look for similarities and differences in the rules of the concept of property rights in terms of civil law (BW) and Islamic civil law (fiqh)). Property rights are regulated in the Third Chapter of Articles 570 – 624 of the Civil Code. Article 570 of the Civil Code explains that "Property rights are the right to enjoy a good more freely and to act on it completely freely, provided that it does not contradict the laws or general regulations established by the competent authority and provided that it does not interfere with the rights of others; All of these do not reduce the possibility of deprivation of rights in the public interest and appropriate compensation, based on statutory provisions In this case the author aims to examine the concept of property rights in terms of civil law and Islamic civil law in a normative juridical manner. This writing method uses an analytical description, describing the differences and similarities in property rights in civil law and Islamic civil law in a normative juridical manner. The results of this discussion look at the differences and similarities in the conception of property rights in terms of civil and Islamic civil law
Criminal Liability in Banking Crimes in Idonesia Aprilia Ricardo
Zona Law And Public Administration Indonesia Vol. 1 No. 2 (2023): SEPTEMBER 2023
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The banking industry today has a close relationship with human economic life. By running a bank business, banking supports the demands of human life. In accordance with Law No. 10, 19988 on Banking, a bank is a company that receives...deposits from the general public and uses the funds to lend money to the general public or use it in other ways to improve people's standard of living. According to Law No. 10,1998 on Banking, a bank is an enterprise that accepts public deposits and uses the funds to lend to the public or use them in other ways to improve the standard of living of the general public. The following are examples of criminal behavior in the banking industry: licensing is known as illicit bank crimes, bank business secrets, offenses relating to the Bank's "commercial operations" and crimes relating to" the Bank's supervision and direction. So what about bank accountability for the four forms of criminal behavior is closely related to behavior that may be carried out by bank management or staff
Execution of Death Penalty Verdict Who Already Have Permanent Legal Force in Drug Cases Daru Sukma Syahrul Ramadhan
Zona Law And Public Administration Indonesia Vol. 1 No. 2 (2023): SEPTEMBER 2023
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Drug crime has a broad impact on the lives of the community, the nation and the State, so that this crime if not anticipated will damage the order of life of the community, the nation. Indonesia as a State of Law is very consequential to eradicate these crimes by issuing Law Number 222 of 19977 concerning Drugs, and Law Number 5TTahun1997 concerning Psychotropic Substances with the threat of maximum criminal penalties observed and fined The problem of adult crime in Indonesia is a hot topic of discussion, considering that some people are pro and contra about international law and national law, namely: Human Rights Declaration, Covenant Civil and Political Rights, United Nations General Assembly Resolution 2200a (XXI), the 1945 Constitution, Law No. 39 of 1999, and Law No. 5 of 1998. Meanwhile, for the group of people who continue to defend the death penalty, based on the thought, that the death penalty is still applied in Indonesia, considering that the developing Indonesian nation still needs the crime to provide lessons for the community not to commit death crimes which is applied in Indonesia Community groups who are anti-death penalty express their thoughts, That the death penalty is contrary to those threatened with the death penalty. Moreover, it is related to drug cases whose impact is so very broad on the joints of life of the nation, and the nation, especially for the younger generation who are expected to become the next generation of the nation
The Ethics of Free Speech in Social Media: A Human Rights Review Putri Peni Nur Izzati
Zona Law And Public Administration Indonesia Vol. 1 No. 2 (2023): SEPTEMBER 2023
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This article discusses the importance of ethics in the context of freedom of expression, focusing on its relation to human rights. Freedom of expression is one of the fundamental rights recognized in international human rights declarations. However, its implementation is not always without ethical dilemmas. In this paper, we outline the basic concepts of human rights and describe how freedom of expression is an important element in securing and protecting these rights. Next, we explore the various ethical challenges that arise when this right is exercised, including in contexts of controversy and extremism. We also discussed the responsibility of individuals in exercising their freedom of speech, with an emphasis on restrictions imposed by law on humiliation, social division, and incitement to violence. Within this framework, this article considers the ethical limits of freedom of speech that respect other human rights. Finally, we outline the importance of dialogue and mutual respect in striking a balance between ethics and freedom of expression. Through this analysis, this article aims to promote awareness of the importance of considering ethics in the use of free speech in order to protect fundamental human rights
The Concept Of Just War and The Legality of War of Aggression Are Inextricably Linked With International Humanitarian Law Aip Piansah
Zona Law And Public Administration Indonesia Vol. 1 No. 2 (2023): SEPTEMBER 2023
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The attacks on New York and Washington on September 11, 2001 and the subsequent "war on terrorism" suddenly brought international humanitarian law into the limelight and once again highlighted the relationship between the causes of conflict on the one hand and respect for rules on hostile behavior and the protection of victims of war on the other. This article traces the history of rules restricting violence and prohibiting recourse to war. Despite the general prohibition of war in the Charter of the United Nations, the application of jus in bello remains independent of the causes of war, even in the fight against aggression, and any discriminatory application of international humanitarian law must be rejected. There are cavalier reasons to defend the principle of warrior arrogance by submitting to the laws of war. Whatever the moral and legal intent, the theory of discriminatory application of the laws and customs of war leads to an unacceptable result, namely unlimited war, because of the conception that war of aggression is not covered by international humanitarian law. State practice and the Rome Statute of the International Criminal Court, which entered into force on July 1, 2002, confirm the strict separation between jus in bello and jus ad bellum

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