Iqtisad Reconstruction of justice and welfare for Indonesia

Journal Information
ISSN / EISSN : 2621-640X / 2303-3223
Current Publisher: Universitas Wahid Hasyim Semerang (10.31942)
Total articles ≅ 12
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Alfian Qodri Azizi Azizi
Iqtisad Reconstruction of justice and welfare for Indonesia, Volume 7; doi:10.31942/iq.v7i1.3455

Abstract:
Fulfilment of children's alimentation right is a medium to apply the vision of marriage that functions actively-offensively protecting generation (ḥifẓ an-nasl). However, there are still many cases neglecting children's alimentation right in marriage or after divorce. This is due to some understanding of the classical mazhab of fiqh that children's alimentation right not be a father's debt, the obligation of child's alimentation expired if not given in the past and because also the people assume that the husband's obligation to give a child's alimentation only occurs when there is still a marriage. So that when the divorce happens it means the obligation of a child's alimentation has ended by the father to his child. from this legal problem, the author wants to examine how the juridical-normative rules for granting children's alimentation right and the sanctions if father ignore the children's alimentation right? This study uses a comparison method between Fiqh and the Act in Indonesia. The result is the Act and Fiqh have governed the procedures for granting children's alimentation right. However, sanctions governing neglect of granting children's alimentation right in fiqh are only found in the mazhab Hanafi, but in the Act found strict sanctions as a preventive measure and as well as a deterrent effect, so that a person does not neglect children's alimentation right
Firdos Firdos, Ubbadul Adzkiya’
Iqtisad Reconstruction of justice and welfare for Indonesia, Volume 7; doi:10.31942/iq.v7i1.3463

Abstract:
Marine biodiversity beyond areas national jurisdiction (BBNJ) are characterized by high diversity of life and ecosystem and played central role in maintaining and supporting life on earth. Nevertheless, in recent times a number of factors have increasingly brought about considerable damage, at an increasing pace, to the marine ecosystem and biodiversity. And currently there are no specific rules governing this marine environment on the BBNJ. Therefore, in 2004 The United Nation General Assembly (UNGA) created the Ad Hoc Open-ended Informal Working Group to study issues relating to the conservation and sustainable use of BBNJ. With the process initiated by UNGA Resolution 69/292 of 19 June 2015, the General Assembly decided to develop an international legally binding instrument (ILBI) under the United Nations Convention on the Law of the Sea on conservation and sustainable use of BBNJ. The paper contains the current discussion on the development of the new international legally binding instrument (ILBI) for conservation and sustainable use of BBNJ. It discusses on going mechanisms to address issues related to the package agreed in 2011, specifically on the measures such as area-based management tools (ABMTs), including marine protected areas (MPAs). More specifically,this paper discusses on the relationship between instrument and the rights of coastal States over all areas under their jurisdiction, including continental shelf within and beyond 200 nautical miles and the exclusive economic zone. The paper concludes that there is a need for further cooperation and coordination in developing and implementing ABMTs including MPAs under new ILBI with the right of the coastal states over all areas under their jurisdiction. The paper also addressing the concept of due regard, adjacency, compatibility, and the right of the coastal state. This four concept can be used for the basic guideline in relationship between ABMTs including MPAs with costal States adjacent to the area beyond national jurisdiction (ABNJ).
, Arum Mediyawati
Iqtisad Reconstruction of justice and welfare for Indonesia, Volume 7; doi:10.31942/iq.v7i1.3444

Abstract:
This article is intended to test the theory of market efficiency hypotheses in weak forms through event studies. Empirical testing in the form of investor response to the massive Muslim demonstration over alleged blasphemy known as action 212. Investors' response testing, in the form of whether the 212 action affects the volatility of abnormal returns and the trading volume of shari'ah stock activity incorporated in Jakarta Islamic Index. The research data are secondary, namely stock returns, stock prices, stock price indexes and sharia stock abnormal returns, with an observation period of 15 days around the date of the action event 212. Data collection by documentation procedures. The number of companies included in the analysis are 26 companies. Data were analyzed using Paired Sample t-Test statistics. The results of testing the hypothesis with empirical data show that the first hypothesis that there are differences in the average abnormal return before and after the 212 action is significantly accepted. Meanwhile, the second hypothesis that there are differences in average trading volume activity before and after the 212 action does not significant (rejected). The results of testing the hypothesis indicate that investors respond to 212 actions in the form of stock price volatility so that abnormal returns are significantly different after and before the 212 action. The response form is also indicated by a wait and see attitude, so that active trading around the 212 action date and after 212 action tends decrease or stagnate.
Tedi Kholiludin
Iqtisad Reconstruction of justice and welfare for Indonesia, Volume 7; doi:10.31942/iq.v7i1.3464

Abstract:
This paper discusses one of the phenomena that erupted Post-Reformation is a desire to make rules in areas removed from the spirit of Islamic law. Appearing later legislation on dressmaking, ask for compensation as well curfew for women. Understanding Islamic Sharia in the context of a plural society like Indonesia is a research question asked in this paper. In conclusion, the substance of the Shari'a must first be made as reference material from the formalist Shari'a.
Nor Mohammad Abdoeh
Iqtisad Reconstruction of justice and welfare for Indonesia, Volume 7; doi:10.31942/iq.v7i1.3454

Abstract:
Waqf is the teachings of Islam that purpose to realize prosperity and perpetual endowment property in the context of the interests of worship. Indonesia as the country with the largest Muslim majority in the world has serious attention to the management of waqf, this is proven by the enactment of Law No. 41 of 2004. The purpose of this paper is to know the nature and substance of the regulation. This study uses a philosophical approach by explaining the nature of its formal objects. The conclusion of this paper is that the essence of this regulation is none other than to accommodate the Wakif and Nadzir for the welfare of the community.
Jaedin Jaedin, Tri Budiyono, Jumiarti Jumiarti
Iqtisad Reconstruction of justice and welfare for Indonesia, Volume 7; doi:10.31942/iq.v7i1.3453

Abstract:
Legal protection for minimum wages provides certainty for a living wage. Minimum wage policy with the aim of achieving balance and fairness for workers and employers. However, the minimum payment must not be used after demonstrations every year to raise the minimum wage, as well as the minimum payment policy for each different district and city, causing turmoil in each region. So, with the decentralization policy of minimum wages in Indonesia, there are still many pros and cons, while in Egypt, the centralized model policy only sets minimum wages, national level, closer to welfare, John Rawls, in relation to distributive equality.
Tri Agus Gunawan, Indira Swasti Gama Bhakti
Iqtisad Reconstruction of justice and welfare for Indonesia, Volume 7; doi:10.31942/iq.v7i1.3465

Abstract:
The discussion about the problem of pornography seems to be endless. The ease of accessing cyberspace is one of the causes of pornography being difficult to control. The emergence of minority groups such as LGBT (lesbian, gay, bisexual, and transgender) raises its own problems in the community. Some human rights activists consider LGBT a right for those who are not used to being banned and even the State must protect it. In terms of human values, it is clear that LGBT actors must indeed be protected from discrimination. But if their actions have touched the public or public domain, that is no longer a reason to be protected by the State and even the State must appear in regulating it. When the LGBT action was publicly displayed, Law Number 44 Year 2008 Regarding Pornography, could not directly touch it. This is influenced by two factors, namely regulation factors and also implementation factors. The source of this regulation must be immediately addressed so that its implementation is not ambiguous. Displaying pornographic acts by LGBT in public has been very worrying and can damage the mentalities of young people, especially children. Whereas in the sense of pornography as regulated in Article 1 number 1, the acts of the LGBT offender have entered the qualifications of pornography, namely in the case of "gestures" through public performances, which contain obscenity or sexual exploitation that violates the norms of decency in society. This research uses normative research using literature study with primary legal sources used is Law Number 44 Year 2008. The specific target of this research is to make scientific contributions, especially related to critical thinking about pornography laws. While the long-term goal of this study is that it is hoped that this research can be considered by policy makers or regulators to make improvements to this law so that it does not provide multiple interpretations in the implementation phase.
A Saiful Aziz
Iqtisad Reconstruction of justice and welfare for Indonesia, Volume 6; doi:10.31942/iq.v6i2.3143

Abstract:
Islamic Shari'ah is qadim, meaning that it has existed since before humans (society) existed, because it is the word of God or the words of Allah that is nafs azli which is not literate and has no sound. Because the law was made for humans, Allah revealed something that corrects this thinking in the proposal of fiqhi known as the proposition. These legal propositions are qath'iy and some are resistant to zhanniy. Therefore, Islamic law which is determined directly and affirmed by Allah, means that the laws are derived from the proposition that Qath'iy. The law that stipulates this is not much, and the law that leads to its development is known as sharia, the second law which is determined only by the points intended by the law established by the zhanni proposition. This law is clearly developed very much and can be developed with the term ijtihad.
Yasnanto Yasnanto, Nur Rofiq
Iqtisad Reconstruction of justice and welfare for Indonesia, Volume 6; doi:10.31942/iq.v6i2.3144

Abstract:
Paying alms is the third pillars of Islam. The aim of this research are to find out about any roles, contributing factors and the supporting actions to Magelang alms agency by the local government in the- tasharruf process of alms, infaq and shodaqoh from muzakki. Qualitative method is used in this research paper. Researcher found that income until December 31st, 2018 is Rp 2.271.923.817, from the balance in 2017 is Rp 620.996.267 Tasharruf process by December 31st is Rp 1.771.560.305 to the amil people Rp 241.531.855 and Rp 1.530.028.450 for the asnaf. Moreover, the balance by December 31st, 2018 is Rp 500.363.512. Income by June 30th, 2019 is Rp 1.315.059.636 from the balance by 2018 is Rp 500.363.512 and DSKL Rp 814.696.124. Then, tasharruf process by June 30th, 2019 to asnaf and activities program Rp 780.098.400. Finally, the balance by June 30th, 2019 is Rp 534.961.236. The contributing factors of that conditions are lack of awareness of moslem in paying alms by individuals or in groups. Local government have given great support to facilitate physically and non-physically.
Akhmad Nurasikin
Iqtisad Reconstruction of justice and welfare for Indonesia, Volume 6; doi:10.31942/iq.v6i2.3146

Abstract:
The development of Micro Small Enterprises (SMEs) annually increasing. This is due to the high interest of the community, especially the SMEs who want to start a business. One of the problems faced is the limited capital owned. Bank Syariah Mandiri (BSM) is present as a solution to answer the capital problems of SMEs by offering microfinance through Micro Stalls (Warung Mikro). This study aims to find out how the implications of the marketing strategy are with the approach to the marketing mix (product, price, place and promotion) of BSM micro stalls and analyze their strengths and weaknesses. Based on the results of research conducted by the author, that the marketing strategy carried out has positive implications for the progress of the business of its customers and increases the financing portfolio of Micro Stalls, BSM KC, Kendal. The advantages of the products include Principles and agreements in accordance with the Shari'ah, Limit of financing in accordance with micro segments, The process of applying for financing is relatively easy and fast, minor installments and fixed to maturity, business training and assistance programs for MSEs, using an individual approach and ball pick up system and is located in a area that is relatively close to the micro segment business location. While the disadvantages of financing Micro Stalls, BSM KC, Kendal, among others; the lack of employees who master shari'ah transactions, inadequate facilities and promotions is still monotonous so it is less efficient.
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