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Showing 276 articles found for "Legal"

STUDY OF ISLAMIC LEGAL PHILOSOPHY AS A PHILOSOPHICAL APPROACH TO ISLAMIC LAW

Sri Ayu Andari Putri Alwaris, Achmad Musyahid, Rahmatiah
Abstract: Philosophy can be interpreted as love or a tendency towards wisdom. The philosophy of Islamic law is a philosophical study of the nature of Islamic law, the source of the origin of Islamic law and the principles of its application… pplication as well as the function and benefits of Islamic law for the lives of the people who implement it. The urgency of the philosophy of Islamic law is to make philosophy an approach in exploring the nature, sources and objectives of Islamic law. Positioning the philosophy of Islamic law as one of the important fields of study in understanding the sources of Islamic law which come from revelation and the results of ijtihad of scholars. The philosophy of Islamic law has an important role in the development of Ijtihad.

ROLE PEOPLE ISLAM TO ENFORCEMENT LAW IN INDONESIAN STATE SYSTEM: PERSPECTIVE OF ISLAMIC LEGAL PHILOSOPHY

Abdul Mannang, Aisyah Kara, Abdul Rahman Sakka
Abstract: Enforcement law is component important in guard stability system state administration Indonesia Which compound. Muslims, as majority resident Indonesia, own not quite enough answer big in support enforcement law Which fair… ir and ethical. Through the perspective of Islamic legal philosophy, this study explores how Islamic legal principles such as justice ('adalah), welfare (maslahah), and obedience to the law (ta'zim al-qanun) can strengthen the Indonesian legal system. This journal uses a descriptive qualitative research method with a literature review approach to understand the role of Muslims in the context of law enforcement in Indonesia. The findings show that Muslims have a significant role in fighting for the values of justice and maintaining the integrity of the legal system based on Islamic spiritual, moral, and ethical foundations.

PHILOSOPHY LAW ISLAM (TASYR'I)

Abdul Mannang, Achmad Musyahid, Rahmatiah
Abstract: Philosophy law Islam or tasyr'i is runway philosophical Which underlying all over building law Islam, Which regulates human relations with God and fellow human beings in everyday life. Through the study of Islamic legal… philosophy, we can understand the goals, basis, and principles underlying the application of law in the lives of Muslims. This study aims to examine the essence of Islamic legal philosophy by identifying its sources of law, the values contained, as well as objective Which want to achieved. Method study This is studies literature with approach descriptive-analytical to understand the concepts of Islamic legal philosophy. This analysis describes the concept of tasyr'i as a way to maintain human welfare and prevent damage. The results of this study indicate that tasyr'i is not only formal legal but also functions as a moral, social, and spiritual guide to achieve justice and human welfare.

THE INFLUENCE OF GENDER DIFFERENCES ON REPORTING AND HANDLING VIOLATIONS OF PROFESSIONAL ETHICS AMONG LAWYERS

Tahara, Aisyah, Nurwandri, Andri, Ni’mah , Siti, Harahap, Walijah Fitriyah
Abstract: This research aims to analyze the influence of gender differences on reporting and handling professional ethics violations among lawyers. Gender differences are believed to influence how individuals interact with the rules… es and norms in the legal profession, including when it comes to reporting ethical violations. This research examines how male and female lawyers respond to ethical violations that occur in their environment as well as the factors that influence their decisions to report or address these violations. The research results show significant differences in the way male and female lawyers handle violations of professional ethics. Factors such as perception of authority, influence of organizational culture, and professional experience also influence their behavior. This research also found that female lawyers tend to be more sensitive to issues of ethical violations and report cases that occur more often than male lawyers. These findings provide new insights regarding gender dynamics in the legal profession and the importance of creating a more inclusive environment in dealing with violations of professional ethics.

INFLUENCE OF GENDER ON ETHICAL DECISION MAKING IN THE LEGAL PROFESSION: A CASE STUDY IN INDONESIA

Ananda, Putri, Nurwandri, Andri, utama, Herly, Aniza, Siti
Abstract: The study examines the influence of gender on moral judgment in the legal profession in Indonesia. In this study, gender gaps in the ethical decision-making process and the factors that influence them are identified through… ugh a qualitative approach and a survey of relevant literature. The findings of the study indicate that, despite significant barriers related to gender stereotypes, women in the legal field usually prioritize ethical principles when making decisions. To create more impartial and fair justice, this study disseminates information about the importance of gender equality in the legal system. Additionally, this study found that while there were no pronounced gender differences, women tended to be more vulnerable to the impact of emotions and social norms on moral judgment. This implies that even while gender has no direct bearing on moral judgments, social and emotional background must still be taken into account. With a focus on the necessity of a more inclusive and sensitive approach to the social elements that influence decision-making, these findings offer significant insights for the establishment of ethical rules and training in the Indonesian legal profession.

ANALYSIS OF DIFFERENCES IN PERCEPTIONS OF PROFESSIONAL ETHICS BETWEEN MALE AND FEMALE LEGAL PRACTITIONERS

Andri Nurwandri, Nur’aini, Nurul Febriyanti, Siti Khodijah MY
Abstract: This study aims to analyze the differences in perceptions of professional ethics between male and female legal practitioners in Indonesia. In the legal profession, professional ethics have a very important role to maintain… in integrity and public trust. However, factors such as gender are thought to influence the way legal practitioners perceive and apply these ethical principles. The research method used is Qualitative by using a literature-based approach. The data collected is analyzed using a quantitative approach to see if there is a significant difference between the perception of professional ethics between men and women. The results showed that there are differences in perspectives on several ethical issues, where women tend to emphasize the values of social justice and diversity, while men focus more on compliance with formal regulations. This research is expected to provide deeper insights into gender dynamics in the legal world and its contribution to the development of a more inclusive and equitable legal professional ethics.

DAMPAK PRODUK UMKM YANG BERLABEL HALAL TERHADAP KEPUTUSAN PEMBELIAN KONSUMEN MUSLIM

Wulandari, Aghnia, Octavia, Santi, Plasnajaya, Rizki
Abstract: Sejalan dengan program pemerintah dan adanya peraturan undang-undang mengenai jaminan dan kewajiban dari kepemilikan sertifikasi halal pada produk, maka ini  menjadi daya tarik sendiri bagi pelaku usaha untuk membangun nama… nama produk yang baik di mata konsumen . Urgensi label halal pada produk yang ditawarkan oleh UMKM sangat tinggi, khususnya bagi produk makanan. Artinya tidak hanya legalitas usaha yang dilirik oleh konsumen, tetapi label halal bagi sebagian konsumen telah menjadi pertimbangan tersendiri dalam memilih produk makanan yang hendak dikonsumsi.Tujuan dari penelitian ini adalah untuk mengetahui dan menganalisis Dampak Sertifikasi halal terhadap minat beli  konsumen pada produk UMKM . Usaha Kecil Menengah (UKM) memiliki peran yang cukup kuat dalam pembangunan ekonomi Indonesia dan dianggap sebagai motor penggerak perekonomian suatu daerah. Metode penelitian yang digunakan pada penelitian ini adalah kausalitas murni atau sebab akibat, oleh karena itu dijudul diawali kata dampak. Bentuk data yang diperoleh baik yang bersifat kuantitatif maupun yang bersifat kualitatif diteliti dengan menggunakan jenis penelitian deskriptif verifikatif.

TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PEMBUNUHAN BERENCANA

Mozin, Nopiana
Abstract: This study aims to determine the application of the elements of the crime of premeditated murder under Article 340 of the criminal code in Decision No : W20.U1/25 / AT.05.02/12/2019 and to find out the legal considerations… ns of the panel of judges in the imposition of penalties against perpetrators of premeditated murder in the decision No. W20.U1/25 / AT.05.02/12/2019.The method used in this study is the technique of data collection by way of research study of documents conducted in the Gorontalo District Court and reading literature and other reading sources as well as interview techniques in which the authors conduct direct questioning to the parties concerned in this case Gorontalo District Court judges, prosecutors and legal experts concerning the object research. The results of this study showed that the application of elements of the crime of premeditated murder law and Decision No: W20.U1/25 / AT.05.02/12/2019 is accurate.the public prosecutor uses the indictment of the first indictment primair Article 340 of KUHP ,indictment subsidiair 338 of KUHP indictment more subsidair 351 paragraph(3) of KUHP and the second indictment 285 of KUHP  

TINJAUAN HUKUM TERHADAP PUTUSAN HAKIM DALAM PERKARA TINDAK PIDANA PENCURIAN YANG DILAKUKAN OLEH ANAK

Mozin, Nopiana
Abstract: For the sake of realizing a prosperous, just and prosperous Indonesian society based on Pancasila and the 1945 Constitution. The quality of Indonesia's human resources must be continuously improved for national development… nt capital and making Indonesia a developed country. It also includes attention to youth and children as the next generation, so that one day they can bring Indonesia into a developed country. Talking about the problem of adolescents and children is an interesting subject to be discussed and discussed hotly these years of years the level of juvenile delinquency in narcotics abuse, brawl that leads to criminal acts, more specifically criminal acts of theft perpetrated by children. In the current era, we hear a lot of theft, both adults and young children. According to article 1 number 1 of the Child Protection Act, "a child is someone who is not yet 18 years (eighteen) years old, including those still in the womb". In juvenile criminal law, hereinafter referred to as Delinquency / (crime) against several acts that are against the law. According to Romli Atmasasmit Juvenile (15), Delinquency is any act or behavior of a child under the age of 18 years and has not married which is a violation of applicable legal norms, and can endanger the child's personal development.    

PERLINDUNGAN HUKUM TERHADAP HAK-HAK TERDAKWA DALAM PENYELESAIAN PERKARA PIDANA DI GORONTALO

Mozin, Nopiana
Abstract: Based on research results witness or victim protection is regulated in Law no. 13 of 2006 and to find out how the legal protection of the rights of the defendant in criminal cases in Gorontalo the violation of the defendant… ant was carried out by the investigator both from the beginning of the process until the end of the process. The human rights law must be fulfilled and there are several violations committed by the investigator both intentionally or unintentionally. The defendant's human rights are listed in Law No. 8 of 1981 concerning criminal procedural law in article 98 paragraph 1 explains"If an act which forms the basis of an indictment in an examination of a criminal case by a district court results in a loss for another person, the presiding judge may at the request of that person determine to incorporate the case for the compensation claim to the criminal case".Paragraph (2) explains;"The request referred to in paragraph (1) may only be submitted at the latest before the public prosecutor recommends a criminal charge. In the event that the public prosecutor is not present, the request is submitted no later than before the judge passes the sentence ".The defendant's human rights law is a right that must be carried out by the investigator from the beginning of the process until the end of the investigation process.