Fox Justi : Jurnal Ilmu Hukum

The Priority Of The Principle Of Justice Over The Principle Of Benefit And The Principle Of Legal Certainty

Diah Ratu Sari — 2025-01-15

As a state of law, law enforcement officers in Indonesia, including the police, prosecutors and judges, are always trying to solve problems that occur legally. In practice, law enforcement officers, especially judges, when going to make their decisions must be careful and wise in prioritizing the principle of justice or the principle of expediency or the principle of legal certainty. Usually judges choose to prioritize the principle of justice so that a fair decision is produced as stated at the top of a court decision: For the sake of Justice Based on God Almighty. Article 53 paragraph (2) of the Criminal Code provides guidelines for punishment that if in upholding law and justice as referred to in paragraph (1) there is a conflict between legal certainty and justice, the judge must prioritize justice. This study wants to find out which principles are prioritized in law enforcement: the principle of justice, the principle of expediency or the principle of legal certainty and what reasons judges prioritize the principle of justice. The research method used is normative research using primary and secondary legal materials. Legal materials were obtained through literature study and then analyzed qualitatively. After doing research, it is concluded that the principle that needs to be prioritized in law enforcement is the principle of justice. The reason is because the main goal of justice seekers is to obtain justice rather than benefits and legal certainty.

Optimization Of Productive Wakaf Empowerment In Prosperity Of People

Nadia Sartika — 2025-01-16

Productive waqf is an Islamic financial instrument that has great potential in supporting economic development and public welfare. However, optimizing the management and empowerment of productive waqf often faces various obstacles, such as lack of public understanding, lack of transparency in management, and limited innovation in the use of waqf assets. This study aims to examine strategies for optimizing the empowerment of productive waqf in order to increase its impact on public welfare. The approaches used include literature analysis, case studies, and interviews with experts in the field of waqf. The results of the study indicate that optimization can be done through strengthening regulations, increasing the capacity of nazir, using digital technology, and implementing the principles of good governance. With optimal management, productive waqf can be a strategic solution in overcoming socio-economic challenges, creating jobs, and supporting sustainable development for the community. This abstract is expected to provide insight for stakeholders in increasing the effectiveness of productive waqf empowerment for public welfare .

Rahn And Wakalah Agreements From The Perspective Of Muamalah Law

Rahmanda Yusuf Nasution — 2025-01-16

Pawn in Islam is called with pawn . Pawn is a activity pawn goods as guarantee to a transaction debt incurred . Someone who pawns a the goods said ( rahin ) to then , then goods the still become owned by giver guarantee ( rahin ). As a result a recipient guarantee ( murtahin ) no may use or sell goods guarantee the before get permission from party giver guarantee . human , a object , a set of conditions , a system of thought or a class current events Study This use method study law bibliography , namely research that done with method researching ingredients library or secondary data . The data sources used includes primary data such as the Criminal Code and data secondary in the form of design laws , results research , and opinions expert law . Data collection techniques are carried out through studies literature with collect data from various source reading written . Data analysis was carried out with use technique qualitative data analysis For processing research data . In jurisprudence muamalah and KHES, pawn called with rahn . While inside law civil pawn called with pand . Please often We hear Good in Sharia economy and in Islamic financial institutions . This is in the banking world there is in form services . In general public lay No so understand What do you mean with meaning of the word . The State of Indonesia whose State Foundation is Almighty God and the majority inhabitant his country is Muslim Already the financial system that should be used based on Sharia principles . However , when This Sharia principles have not so realized its use . Wakalah in the form of handover or delegation from One party to the other party and must done with what has been agreed by the mandate giver.

The Concept Of Fatwa In The Perspective Of Islamic Law

Restu Annisa Ilma — 2025-01-16

Fatwa works as guidelines for people For understand and apply Islamic teachings in an unavoidable situation in a way explicit set up in the Qur'an or Hadith, research This aiming For analyze fatwa concept in perspective Islamic law . The methods applied For analyzing the fatwa and its position in Islamic law is method qualitative with approach studies literature , review various source Islamic law . Approach This used Because research conducted including in category studies library . Research results show that the fatwa works as guidelines for people in face problem new that is not set up in a way explicit in the Qur'an and Hadith . Fatwas also reflect dynamics adaptive Islamic law to context social society . Fatwa does not only give solution to issues new , but also contribute to the development thinking Islamic law in general overall .

The Role And Authority Of The National Shariah Council In The Development Of Shariah Economic Law In Indonesia

Alisya Aprilya Dharmayani — 2025-01-16

The role and authority of the National Sharia Council (DSN) in push development law sharia economy in Indonesia. DSN is competent authority issue a related fatwa products and services Islamic economics. Therefore that, presence they is tool important For build trust public to system economy based on sharia. The research method used is approach qualitative with analysis legal norms of law, through review to instrument laws, DSN fatwas, and regulations related law Islamic economics in Indonesia. Research results This show that DSN plays a role strategic in align sharia principles and law positive in Indonesia with issued a fatwa that became reference regulation government and actors industry. In addition, DSN plays a role in monitor implementation Sharia principles and educate community and stakeholders interests. However, the challenge covering limitations source power, coordination inter-institutional, and dynamics need industry that continues developing. DSN plays role important in development law Sharia economy in Indonesia. However, for optimize role this, is required more synergy big between DSN, government, and actors industry.

The Role Of DSN Fatwa In Realizing Halal Product Guarantees In Indonesia Sharia Economic Review

Lutvi Insana — 2025-01-16

Study This aiming For analyze the role of DSN fatwas in realize guarantee halal products in Indonesia from perspective Islamic economics . The research method used is study studies library , research with technique data collection with method understand and learn theories from various literature like journals , articles , books and reports related . Research results show that the DSN fatwa has role strategic in increase awareness and compliance public to halal products , as well as support developer Indonesian economy . This fatwa also provides positive impact on the economy national through improvement consumption halal products and exports . Therefore that , work The same between government , industry and with society is very important For increase awareness and compliance to halal products .

Methods Of Determining DSN MUI Fatwa On Sharia Economics

Riskyka Riskyka — 2025-01-16

The National Sharia Council of the Indonesian Ulema Council (DSN-MUI) in determine the related fatwa sharia economy . The fatwa issued by DSN-MUI holds role important in determine guidelines as well as appropriate policy with sharia principles in practice economy in Indonesia. Research This use approach qualitative descriptive with focus on studies case in the process of determination several DSN-MUI fatwas regarding Islamic economics . Data obtained through interview with DSN-MUI member , analysis fatwa documents , as well as study relevant literature . Research results show that determination of the fatwa by DSN-MUI through a number of stages , namely collection information , discussion scientific , study library , consultation with experts , and finally reach consensus For produce a fatwa. This process aiming For ensure the fatwa is issued No only in accordance with sharia rules , but can also follow development dynamic economy . In addition , research This disclose that DSN-MUI uses a collective ijtihad approach that involves various parties , including academics , practitioners , and regulators, in order to ensure validity as well as wide acceptance against the fatwa issued . Findings from study This give contribution significant in development sharia economy in Indonesia and can become reference in the issuance of a similar fatwa in a country with system Islamic economics .

Implementation Of Murabahah Financing In Syariah Banking In Indonesia

Siska Handayani — 2025-01-16

Moment This study related to financing contract murabaha Still seldom done , by because That researcher need do assessment about studies literature as as Wrong One method study in researching financing contract murabaha on banking sharia. For know How product financing murabaha walk in every - each banking sharia in Indonesia. The method used in study This use method qualitative and methods library research . Financing Murabahah is one of product lots of financing used in Islamic banking in Indonesia. Financing ; murabahah give significant contribution to inclusion Islamic finance and development economy people in Indonesia. Research This expected can give outlook for manager Islamic banking in increase quality service financing as well as for regulators in compile more policies support development industry Islamic banking.

The Role Of Advocates In Upholding The Principles Of Justice In Judicial Institutions

Fauziah Lubis — 2025-01-16

The aim of this research is to examine the role of advocates in upholding the principles of justice in the judiciary , and the challenges they face . How important is the existence of advocates in the justice system in Indonesia, because advocates in carrying out their professions are free to enter all stages of the investigation process , police investigations , prosecutors and courts ( civil , criminal , administrative , labor , business competition , and so on ). An advocate can even provide legal advice and assistance to people who have legal problems outside the judicial process (non- litigation) resolution ). Thus , advocates as law enforcement officer play an important role in creating certainty , justice and legal benefits in the Indonesian justice system . The role of advocates is very important in upholding the principles of justice in Indonesian courts , especially in the adversarial justice system . Their main task is to protect clients ' rights and ensure that the legal process takes place fairly and transparently . What are the roles of advocates in upholding the principles of justice in the judiciary ? And what challenges do advocates face in carrying out their function to uphold justice ? This research uses a normative method that combined literature reviews to explore these dynamics . It is hope that the research results will provide a better understanding of how advocates can increase their effectiveness in upholding justice , as well as support the reforms needed to create a legal system that is fairer and more responsive to the needs of society . Thus , this research will contribute to a deeper understanding of the challenges and opportunities face by advocates in carrying out their profession in the modern era .

The Role Of Advocates In Realizing Justice In Indonesia

Fauziah Lubis — 2025-01-16

This study aims to analyze the role of advocates in realizing distributive justice and commutative justice, especially in the context of defending client rights in the legal system. The problem of this research focus on how advocates play a role in both types of justice, both in the fair distribution of resources ( distributive justice ) and in ensuring a balance of rights and Obsessions in relationships between individuals ( commutative justice ). This research is motivated by the strategic role of advocates in the justice system that can support the achievement of justice through defending the rights of individual and groups. Distributive justice is related to the fair distribution of resources, while commutative justice emphasizes the fulfillment of equal obligations in legal relationships between parties. This study uses a normative research method, namely by analyzing legal norms that regulate the role of advocates in realizing both types of justice, as well as various relevant legal literature. The roles of advocates shows that advocates have an important role in supporting distributive justice by helping marginalized or disadvantaged clients get their rights, and play a role in creating commutative justice by ensuring the exchange of rights and obligations between parties involved in the dispute. This study provides insight into the importance of the role of advocates in realizing more equitable and balanced justice in society.

Implications Of The Multibar Concept On Containers Advocates Organization (Peradi) Based On Decision Supreme Court No. 73/KMA/HK.01/IX/2015

Fauziah Lubis — 2025-01-16

The purpose of this study is to determine the relationship between the issuance of Supreme Court Decision Number 73/KMA/HK.01/IX/2015 with the Multibar concept and to determine the negative impact of the Multibar concept if applied to the Advocate Organization in Indonesia. The problem in this study is because there has been a debate on the Supreme Court Decision Number 73/KMA/HK.01/IX/2015 which tends to favor the Multibar concept . This study uses the Normative Juridical method, namely analyzing problems through a legal principles approach that refers to legal norms contained in legislation. The results of the discussion, namely the issuance of the Supreme Court Decision Number 73/KMA/HK.01/IX/2015, show that if the decision is more in favor of the Multibar Concept, in this case it can certainly cause debate, chaos, violate higher laws, divide the Advocate Organization and can harm the Advocate profession.