Syura: Journal of Law

Electronic Contract Controls In Islamic Jurisprudence and Law

2024-08-19T07:16:49+00:00

Electronic contracts are one of the most important developments that the world has witnessed in recent decades, due to the information revolution and modern technologies, as these developments have facilitated the process of contracting between people through the Internet and modern means of communication, and due to the novelty of this type of contracts, Islamic jurisprudence has faced some challenges in its application to its principles and provisions so that it is consistent with contracts in Islamic jurisprudence and its considered controls in their forms and effects, so it was necessary to put these contemporary contracts in the balance of Sharia to be set certain controls Protection of rights This research came to shed light on the concept of electronic contracts and their general controls as well as clarify the controls for conducting these contracts and the researcher used the inductive approach as well as the descriptive approach and the researcher reached a set of results where it is necessary to keep pace with the times, especially in electronic contracts if they have become one of the blessings of the affliction and impose on many also must apply the basics of the contract such as traditional contracts in Islamic jurisprudence as well as must protect rights and clarify the mechanism of conflict resolution In such contracts

Penanganan Kasus Asusila Melalui Hukum Adat Bali Diluar Hukum Pidana KUHP

2024-11-09T06:47:55+00:00

Indonesia is a nation whose people have diverse tribes, races, religions and customs spread across cities and villages. This diversity is a wealth and potential owned by the Indonesian nation. In community life, law and society are two things that cannot be separated. Ibi ius ibi societas, where there is society, there is law. Therefore, a legal rule is needed to regulate community life in order to achieve public order. These legal rules are written and unwritten. Applicable nationally and regionally, in the field of public law and private law. The purpose of this study is How is the legal process to ensnare perpetrators of immoral cases both under customary law and criminal law based on the Criminal Code in Bali? What is the cause of criminal law based on the Criminal Code not being able to touch immoral cases that occur in Bali. This study uses a qualitative approach with a library method where the data comes from books and articles and related websites. The results show that the legal process for the perpetrators of immoral acts that occurred in Banjar Bia Bali between WL (48 years old) and MJ (60 years old) who came from Sukawati Village was resolved by the village peace judge in Keramas Village because they were legally proven guilty. The reason criminal law cannot touch the Balinese community, especially the wives and husbands of the perpetrators of immoral acts is proven by the absence of complaints or reports to the local police because the Balinese indigenous community believes in the existence of ancestral spirits who are their guides and guides in life.

Determining The Fees of The Arbitration Panel

2024-11-09T05:09:09+00:00

The arbitrators' fees are originally determined according to the agreement that may be concluded by both the arbitrator and the arbitrators, provided that the failure of this agreement for any reason does not prevent the arbitration panel from determining its fees according to certain controls, and through this section we will examine the contractual determination of the arbitration panel's fees. As happens in free arbitration, the agreement of the parties and arbitrators regarding determining the fees that these arbitrators will receive in return for performing the arbitration task that will be assigned to them is absent, either due to their negligence, or because one of the arbitrators has been appointed by the court competent for arbitration matters, which naturally means a failure to agree, and in this research we discuss the legal provisions regulating this in Jordanian law with a comparison with some Arab laws, and the research reached the most important results: that in order to guarantee the integrity and objectivity of the arbitrator's determination of his fees alone, the Jordanian and Emirati arbitration law has subjected the arbitrator's decision regarding determining these fees to appeal, and the decision of the competent court of appeal in this regard is final

The Tradition of The Emirate Over The Country

2024-11-09T04:35:44+00:00

As the Islamic religion has been perfected by Allah SWT, Islam does not only regulate matters of worship and morals and the afterlife but also regulates worldly affairs including how to live socially and as a state. The Republic of Indonesia adopts a presidential system, namely the President as head of state and also as head of government, contained in the 1945 Constitution article 4 paragraph (1). The purpose of this study is to find out and compare how the leader election system in Indonesia is in accordance with Islam which is represented here by the thoughts of Imam Mawardi. This study uses a qualitative approach with a library method. The results show that the election and appointment of the Head are regulated in laws and regulations, both regarding administrative requirements and technical requirements. In a situation of political dynamics, it affects the substance of every change in laws and regulations that occur, so that the assumption that states that law is a political product is undeniable. This situation occurs in the legislation that regulates the election of Regional Heads which also experiences changes according to the political interests of the ruler. While the election in Islam in al-Mawardi's perception is by two methods, namely, the election of the head of state by the Ahlu al-hal wa al-aqdi institution or the people's representative council. Then the direct appointment of the head of state first. Then the comparison between the system of electing the head of state between the law and the figure of al-Mawardi is if we look at the times of Indonesia during the old order and the new order, there is relevance to al-Mawardi's view, namely the election of the head of state through representatives and direct appointment by the head of state first.

Menikah atau Nanti Dulu?

2024-11-09T04:39:28+00:00

Penelitian ini untuk mengetahui dampak yang dialami oleh generasi melinial terhadap biaya perniakahan yang mahal serta faktor yang memengaruhi terhadap mahalnya biaya pernikahan tersebut cara mengatasinya. Penelitian ini merupakan sebuah penelitan lapangan (field research) dengan pendekatan kualitatif deskriptif dengan data ditunjukkan dalam bentuk deskripsi terhadap fakta-fakta yang ditemukan di lapangan melalui proses observasi, wawancara dan dokumtasi terhada beberapa sumber, baik yang jenisnya primer maupun sekunder.Hasilnya dala penelitian ini menyebutkan, bahwa jikaa mengikuti aturan perundang-undangan, biaya akad nikah tersebut gratis dan hanya dikenakan Rp.600.000 apabila dilangsngkan di luar KUA sebagai uang profesi dan transportasi. Namun budaya, gengsi dan mahalnya bahan pokok menjadi faktor terhadap mahalnya prosesi pernikahan saat ini, sehingga keadaan tersebut memunculkan kekhawatiran terhadap generasi melinial untuk segera memutuskan untuk menikah, namun hal tersebut dapat diselesaikan dengan berkomunikasi antar keluarga mempelai, sehingga dapat mengurangi biaya pernikahan.