Abstract:This study aims to examine the authenticity of Sahih Bukhari Hadith No. 2112 regarding the right of khiyar through a comprehensive takhrij method to ensure the validity of the evidence in muamalah policy. Additionally, this…
his study examines the mechanism of transmitting legal texts without editorial changes and compares the ijtihad of the four schools of jurisprudence regarding time limits to provide consumer protection solutions in the digital age. The methodology employed is normative legal research using a descriptive-analytical qualitative approach through library research. Data collection techniques involved cataloging hadiths on khiyar from the Kutubus Sittah, identifying the structure of the isnad, and analyzing key vocabulary (mufradat). Data analysis was conducted through stages of isnad criticism to assess the quality of the narrators, systematic analysis of the matn, comparative analysis across schools of thought, and the synchronization of traditional principles with modern economic realities. The research results indicate that the hadiths on khiyar possess exceptional chain of transmission quality within the Silsilah adz-Dzahab tradition, ensuring the text’s accuracy free from distortion over fourteen centuries. Regarding the time limit for khiyar syarat, differing viewpoints were identified: the Shafi’i school limits it to a maximum of three days, while the Maliki school allows a duration of up to 38 days depending on the type of object. In conclusion, the principle of khiyar remains relevant in the digital economy through the transformation of the order cancellation feature as a manifestation of khiyar majelis, as well as the return policy as an application of khiyar aib and khiyar syarat. The implications of this research emphasize that the ethical values of khiyar can serve as a foundation for regulators in refining consumer protection laws to minimize information asymmetry and ensure full consent (antaradin) in every online transaction
Abstract:The legal provisions governing the marriage contract according to the Republic of Indonesia Law No. 1 of 1974 and the Constitutional Court Decision No. 69/PUU-XIII/2015 can be carried out after marriage, because the meaning…
ing of Article 29 paragraph (1) of the Marriage Law is interpreted as long as the parties are bound. The agreement of both parties can submit a written agreement that is accepted by the contract drafter or notary. The Judge's opinion that the relevant application is stated in the Applicant's Marriage Agreement and the legal issues are also acceptable. The legal analysis of the permissibility of the marriage contract arises from the perspective of the law of the contract that the legal provisions of the marriage contract also bind third parties, so that the marriage contract must be registered with the Civil Service Secretariat or the Ministry of Religion. Because the MK decision as it is does not mean anything about registration, whether registration must be carried out immediately or wait for further registration/registration laws. Therefore, the legal consequences of a marriage contract can create legal guarantees for others.
Abstract:The legal provisions governing the marriage contract according to the Republic of Indonesia Law No. 1 of 1974 and the Constitutional Court Decision No. 69/PUU-XIII/2015 can be carried out after marriage, because the meaning…
ing of Article 29 paragraph (1) of the Marriage Law is interpreted as long as the parties are bound. The agreement of both parties can submit a written agreement that is accepted by the contract drafter or notary. The Judge's opinion that the relevant application is stated in the Applicant's Marriage Agreement and the legal issues are also acceptable. The legal analysis of the permissibility of the marriage contract arises from the perspective of the law of the contract that the legal provisions of the marriage contract also bind third parties, so that the marriage contract must be registered with the Civil Service Secretariat or the Ministry of Religion. Because the MK decision as it is does not mean anything about registration, whether registration must be carried out immediately or wait for further registration/registration laws. Therefore, the legal consequences of a marriage contract can create legal guarantees for others.
Abstract:The legal provisions governing the marriage contract according to the Republic of Indonesia Law No. 1 of 1974 and the Constitutional Court Decision No. 69/PUU-XIII/2015 can be carried out after marriage, because the meaning…
ing of Article 29 paragraph (1) of the Marriage Law is interpreted as long as the parties are bound. The agreement of both parties can submit a written agreement that is accepted by the contract drafter or notary. The Judge's opinion that the relevant application is stated in the Applicant's Marriage Agreement and the legal issues are also acceptable. The legal analysis of the permissibility of the marriage contract arises from the perspective of the law of the contract that the legal provisions of the marriage contract also bind third parties, so that the marriage contract must be registered with the Civil Service Secretariat or the Ministry of Religion. Because the MK decision as it is does not mean anything about registration, whether registration must be carried out immediately or wait for further registration/registration laws. Therefore, the legal consequences of a marriage contract can create legal guarantees for others.
Abstract:Sharia insurance in Indonesia is growing, because along with the increasingly complex disputes between parties, which cannot be avoided between Islamic insurance companies and policyholders, this is even though both of them…
hem help and protect each other. The problem is regarding the legal basis for sharia insurance dispute resolution which is still scattered in several laws and regulations. This has become a discourse and issue of legal norms for sharia arbitration as an option for sharia insurance dispute resolution, and so far the resolution of sharia insurance disputes through sharia arbitration is regulated by Supreme Court Regulation Number 14 of 2016. The research method used is descriptive normative. The research method used is descriptive normative by analyzing regulations laws governing sharia dispute resolution. The results of this study explain that state policy in managing sharia insurance disputes is still a discourse, so that constitutional authority still uses Article 58 of Law no. 48 of 2009 concerning Judicial Power. Therefore, it is necessary to amend Law No. 30 of 1999, specifically regarding the article regarding the District Court, which must be supplemented by the Religious Courts and procedures for resolving disputes through sharia arbitration.
Abstract:Crimes against the environment in the form of environmental destruction can be committed by individuals or corporations. Business activities carried out by corporations often cause environmental damage, because corporate…
activities are primarily aimed at profit. This article was written using a normative legal research method with a case approach. The legal materials used in writing this article are primary legal materials and secondary legal materials. The results of this research are criminal liability for corporations that commit criminal acts as in Decision Number No. 133/Pid.B/2013/PN. Mbo is in the form of civil lawsuit sanctions for losses suffered by victims and criminal sanctions.
Abstract:The aim of writing this article is to determine the expansion of the meaning of the principle of lex specialis derogate legi generali which occurs in cases of same-sex sexual harassment. This research is normative legal…
research that uses a case approach and a conceptual approach. The legal materials used are primary legal materials and secondary legal materials. The technique for collecting and analyzing legal materials used in writing this article is literature study. The result of this research is that the principle of lex specialis derogate legi generali, when implemented in certain cases, can have an expanded meaning. The first meaning is that specific laws override general laws, while the expansion of the intended meaning in a particular case can be interpreted as the textual suitability of the law and the case that occurred.
Abstract:This study discusses the importance of textbook evaluation in education to ensure the quality and effectiveness of the learning process. Textbooks not only present information but also assist teachers in designing the curriculum,…
rriculum, crafting learning activities, and assessing student progress. Therefore, a comprehensive evaluation of textbooks is crucial to assess their suitability for educational needs. This research adopts a descriptive qualitative approach and utilizes the evaluation instrument developed by Mike Horsley and Kevin Laws to evaluate the "My Best Reading" textbook. The evaluation results provide valuable insights into the strengths and weaknesses of the textbook and its contribution to improving the quality of educational materials. However, the study has limitations that need to be considered in designing more comprehensive recommendations for enhancing instructional materials.
Abstract:The purpose of this study was to determine the comparison between Islamic Law and Domestic Violence Law in handling domestic violence in Indonesia. The type of research used is qualitative research with comparative descriptive…
iptive method. As the only research design, the ethnographic method is the method in this research with descriptive analysis writing techniques, where ethnography itself provides a tool that allows the research process to take place better. The results of this study are from two sources of law, namely Islamic Law and Domestic Violence Law which can be used as a legal basis to punish and limit the arbitrariness of a husband against his wife and family members. In addition, the two sources of law view the need for formal juridical protection of a person's human rights and freedoms, preventing arbitrary acts of violating other people's laws without clear or justified reasons. The conclusion of this study is that there is a relationship between Islamic Law and the Domestic Violence Law, including 1) The views of Islamic law and positive law view that domestic violence or violence against wives is a despicable and promiscuous behavior; 2) Correlation about the purpose of punishment; 3) In terms of punishment, it can be said that punishment in the form of imprisonment is a form of takfir punishment in Islamic criminal law.
Abstract:Whistleblower protection in the context of the environmental and Natural Resources sector is a key element in efforts to prevent corruption and sustainable management. This sector has a direct impact on human lives and societal…
ocietal well-being, and therefore, maintaining its integrity is essential. This research outlines the importance of whistleblower protection in the environmental and natural resources sectors. The method used in this research is normative with a doctrinal approach. Protection of whistleblowers has an important role in maintaining transparency and accountability in the environmental and natural resources sectors. Through the protection provided to whistleblowers, corrupt practices can be exposed and accountability can be realized. However, challenges and limitations still exist, and concerted efforts are needed to improve the implementation and effectiveness of these laws. With continued efforts, whistleblower protection laws can become a powerful tool in promoting transparency and accountability in the environmental and natural resources sectors.