Indonesia Conference Directory

Corresponding Author
Ridan Muhtadi

Institutions
Universitas Trunojoyo Madura
STAI Miftahul Ulum
Universitas Airlangga

Abstract
The Indonesian Waqf Board (BWI) released the number of waqf land in Indonesia reaching 4,359,443,170.00 square meters or 287,160 hectares spread over 435,768 locations throughout Indonesia. While the amount of waqf property has not been maximized, then it is needed a way to optimize the properties of waqf by way of Istibdal. The purpose of this study is to answer the problem of how istibdal waqf regulatory system in Indonesia and how is the model of the waqf feasibility management for economic empowerment. This research uses descriptive qualitative juridical methods, which are then analyzed using the provisions of Islamic law and provides a model for the management of the endowments of empowerment. The results of the study concluded that the application of the waqf land is in accordance with the pillars and conditions of waqf and management. The eligibility of the waqf land is in accordance with Islamic law and Law No. 41 of 2004 concerning representation which states that the transfer of waqf land is permissible if it is in the public interest. Researchers are inclined to the opinion of Hanafiyah schools that allow ibdal and istibdal with consideration that maslahah and ibdal may be done by anyone either by his own waqif, others or judges.

Keywords
Regulation Construction, Istibdal Waqf, Economic Empowerment.

Topic
Islamic Law

Link: https://ifory.id/abstract/72JuLrwtAxgj

Corresponding Author
FARIDA NURUN NAZAH

Institutions
a) Faculty of Law, Universitas Muhammadiyah Tangerang
Jl.Mayjend Sutoyo No. 2 Sukarasa Tangerang (021) 5579-3599

b) Faculty of Law, Universitas Muhammadiyah Tangerang
Jl.Mayjend Sutoyo No. 2 Sukarasa Tangerang (021) 5579-3599

c) Faculty of Law, Universitas Muhammadiyah Tangerang
Jl.Mayjend Sutoyo No. 2 Sukarasa Tangerang (021) 5579-3599

Abstract
Islam as a religious majority of Indonesians have made Islamic law as a living law in the order of the peoples lives, so that in the formulation of positive law in Indonesia always Consider legal awareness and value in the community. The existence of Islamic law in the establishment of positive law in Indonesia is visible from three aspects. First, as the norm has grown, developed, and rooted in the community. Second, as a code of ethics that is capable of filtering deviant behavior from society. Thirdly, legalization of Islamic law as a universally applicable positive law for all Indonesians in certain areas of law.Article 284 of the Criminal Code of adultery is placing a weak law enforcement because of the sanctioned dichotomy contrary to the religious norms of Islam, adat, and moral of the Indonesian nation.

Keywords
Contributions; Islamic law; Coaching Positive Law; Article 284 Criminal Code

Topic
Islamic Law

Link: https://ifory.id/abstract/9DJUVtwjKfbQ

Corresponding Author
Nurjannah S

Institutions
Faculty of Law University of Muhammadiyah Mataram

Abstract
This article analyzes the concepts and phenomena of the banking dualism system (dual banking system) in the Syariah banking system. For almost three decades, syariah banking in Indonesia has experienced a dynamic that has implications for the incompleteness of the concept and implementation of the muamalat pillars in it. Not just changing forms and colors, but there is a fading mind in Syariah banking. Although on the other hand the Sharia Supervisory Board is present as an autonomous sharia supervisory institution from the Indonesian Ulema Council to ensure the implementation of muamalat rules, but the dualism of the banking system makes a denial and violation of the rules of the mualamat itself. This research is very important to criticize the concept and implementation of dual banking systems in syariah banking which have an impact on divergence and failure to achieve peoples welfare and property management that is not in accordance with the objectives of Sharia (al-Maqasid al-Sharia). Critical legal study is a method which is used to analyze concepts and implementation and provide solutions to the problems of syariah banking institutions, full separation (mono banking system) and release of the syariah banking institutional structure from the structure of Bank Indonesia and the World Bank. That construction provides divergency space for the implement of syariah banking system with pure Sharia, with a system that is guided by other sharia-pure state banks such as ar-Rajhi bank, the Islamic Development Bank standard.

Keywords
dual banking system, purification of muamalat rules, institutional system

Topic
Islamic Law

Link: https://ifory.id/abstract/xn7tLgZUuF4N

Corresponding Author
Syariful Alam

Institutions
University Of Muhammadiyah Malang

Abstract
My research interest is in Islamic studies, especially in Islamic law relating to rebellion. The rebellion act is closer to the act of betrayal. In constitutional law perspective, this rebellion is defined as the act of a person or group of people towards leadership in a country because of its incompatibility with the rules that apply in the country, so that he or they take actions that tend to "deviate" so that it can break down the leadership of a state leader. From the point of view in Islam, rebellion act can be done by a person or group of people preceded by a political conspiracy, evil consensus, and intrigue to achieve its political goals. In the Quran several verses are mentioned about this treason. Where all contain the notion that treason is an act or an attempt to oppose and undermine the power of someone who is not favored or considered an enemy who has conflicting indications. Both in terms of religion and worldliness by means of deception, deception, or other acts that are contrary to the religion of Islam. Starting from this context, the author wants to review specifications and indications of treason from the perspective of Islamic state governance law by taking the constellation of thoughts of classical scholars. I am especially interested in researching how Islamic law provides legal certainty for the perpetrators of rebellions who are under the guise of religion carried out in countries that are predominantly Muslim, such as Indonesia, Malaysia, Thailand and others, so that later can provide peace solutions for all people in countries that is. Because religion is always the easiest issue to trigger political turmoil to gain power or destroy the power of a legitimate leader. And this is still and will continue if no in-depth research is carried out to anticipate this. And I hope that this research can be a scientific contribution for all Islamic researchers throughout the world.

Keywords
Islamic Law, Rebellion, Religion

Topic
Islamic Law

Link: https://ifory.id/abstract/GzwEn8vK3ex9

Corresponding Author
Asri Wijayanti

Institutions
University Muhammadiyah of Surabaya

Abstract
In the era of globalization, the role of Trade Unions is very important. Trade Unions can represent workers in industrial relations dispute resolution and carry out activities to improve workers welfare. Trade Unions can sometimes take unwise actions that cause suspicion to others. The problem in this research can be solved by planting maqashid syaria in the value of local wisdom as a model in the efforts to resolve the industrial relations disputes among union administrators. The purpose of this study is to provide an overview of the implementation of the value of maqashid sharia as an alternative solution in the efforts to resolve industrial relations disputes. This research is juridically normative with conceptual and statutory approaches. The results of this study are Maqashid Syaria which is the goal of Islamic law has two dimensions, namely al wujud and al adam. Consisting of five things, namely laying the foundation of goodness to maintain religion, self, nasab, wealth and reason. Every thing has three levels, namely dhoruriyat, hajjiyat and tahsiniyat. These three levels must be implemented by the management of trade unions when facing a conflict of problems based on their priority level as the efforts to resolve industrial relations disputes through litigation or non-litigation. The conclusion was that the trade unions must understand the roots of the disputes object of the industrial relations that occur. Furthermore, it would try to achieve the goodness by conducting a problem analysis based on maqashid syaria to determine the strategical implementation of the three levels of maqasid syaria, namely dhoruriyat, hajjiyat and tahsiniyat.

Keywords
maqasid syaria, local values, industrial relations disputes, trade unions, workers

Topic
Islamic Law

Link: https://ifory.id/abstract/TWBGnYdz9uZ7

Corresponding Author
Sawitri Yuli Hartati

Institutions
Fakultas Hukum Universitas Muhammadiyah Jakarta

Abstract
The development of sharia insurance in Indonesia has provided an alternative for Muslims to meet the needs of insurance that is clearer, free from maisir, gharar and usury. The special features possessed by sharia insurance include the application of the concept of risk sharing, where each surplus received by the company is entirely owned by the participant and in practice this surplus is shared with sharia insurance companies. The relatively high growth of the sharia insurance industry is certainly not spared from dispute problems between parties as is also the case with conventional insurance. The issue of disputes must be dealt with clearly and decisively who or which institution can mediate, and what if there is no agreement which institution will decide. Discourse authority over the settlement of Islamic insurance disputes stems from the existence of disharmony in its regulation. The law which is used as a legal basis for settlement seems to equate sharia insurance with conventional insurance so that sharia principles are not accommodated. Even between the laws that become the legal umbrella for the implementation of sharia insurance contradict each other or cause the most dualism in dispute resolution arrangements.

Keywords
Islamic Insurance, Alternative Dispute Resolution, Sharia Arbitration

Topic
Islamic Law

Link: https://ifory.id/abstract/EhY9FgPzQeLD

Corresponding Author
AGUS SUPRIADI

Institutions
Department of Islamic Family Law
Faculty of Islamic Religion
University of Muhammadiyah Malang
246 Tlogomas Street, Malang-Indonesia

Abstract
This article describes the problems related to the application and implications of regional regulations or sharia regulations with some literature and reviews them in the perspective of maqashid as-sharia. This paper argues that some regional regulations that have sharia nuances aim at social control of the community and prioritize general welfare, while some of the sharia regulations are still lacking and far from the aims and objectives of establishing sharia regulations themselves and prioritizing the interests of certain groups and groups. This article also found that many local regulations that are not sharia-compliant actually have maqașhid as-sharia values in their application and their implications. Therefore the findings of this article state that regional regulations that have sharia nuances do not necessarily aim to uphold Sharia values. Whereas non-Sharia regulations actually have more Islamic values.

Keywords
Sharia Local Regulation, Maqashid As-sharia

Topic
Islamic Law

Link: https://ifory.id/abstract/qMLwZb6kUhDe

Corresponding Author
Soni Zakaria,S.Sy. M.H.

Institutions
Department of Islamic Family Law
Faculty of Islamic Religion
University of Muhammadiyah Malang
246 Tlogomas Street, Malang-Indonesia

Abstract
This article describes the problems related to the application and implications of regional regulations or sharia regulations with some literature and reviews them in the perspective of theory of maslahah. This paper argues that some regional regulations that have sharia nuances aim at social control of the community and prioritize general welfare, while some of the sharia regulations are still lacking and far from the aims and objectives of establishing sharia regulations themselves and prioritizing the interests of certain groups and groups. This article also found that many local regulations that are not sharia-compliant actually have maslahah values in their application and their implications. Therefore the findings of this article state that regional regulations that have sharia nuances do not necessarily aim to uphold Sharia values. Whereas non-Sharia regulations actually have more Islamic values.

Keywords
Sharia Local Regulation, Maslahah

Topic
Islamic Law

Link: https://ifory.id/abstract/KJYCFkuVzg4f

Corresponding Author
Muhammad Luthfi

Institutions
Faculty of Law
University of Muhammadiyah Malang

Abstract
The birth of act 41 year 2004 about waqf brings a renewal spirit of productivity in the management of waqf. Nadzir as one of the elements in waqf has a major role in the sustainability of the management of waqf. Nadzir becomes an important part in maintaining this spirit, and the management needed Nadzir-s competent, dedication and insight in managing the waqf. Nadzir-s competent and dedication should be build, which is required management of waqf empowerment. The purpose of this research is to know Management of Nadzir empowerment on act 41 year 2004 about waqf. This research is a qualitative study using a statutory approach and concept approach, the data is using the primary legal material and secondary legal material, the technique of data collection in this research is the library, with qualitative data analysis techniques. This research contributes to the pattern of empowerment management given to Nadzir in managing waqf property. Which is by implementing the right pattern of waqf empowerment following the regulations, the management of Waqf expected to be implemented productively for the welfare of the people.

Keywords
Empowerment management, Nadzir, Act 41 year 2004 about waqf

Topic
Islamic Law

Link: https://ifory.id/abstract/E7Y36MyNHRtj

Corresponding Author
Nurdhin Baroroh

Institutions
Fakultas Syariah dan Hukum UIN Sunan Kalijaga Yogyakarta.

Abstract
THE VALUES OF ASQ-SYARIAH MAQASHID ON SANCTIONS FOR MUZAKKI AND "DOCUMENT WRITER" OF ZAKAT VIOLATION IN PROVINCE OF NAD Study of Qanun No. 10 of 2007 concerning Baitul Maal. By: Nurdhin Baroroh, S.H.I., M.S.I. Abstract The NAD Qanun (Islamic law) No. 10 of 2007 concerning Baitul Maal is a law which replaces the previous provisions in Qanun No. 7 of 2004 on Zakat Management. Some parts are changed while others are still maintained by this new rule. The provisions related to Muzakki (the islamic tax payer) are the sama by which a Muzzaki, in case they tried to avoid the obligation, will be fined to pay double. Meanwhile the sanction for “the document writer” trying to fake the fact to avid the Zakat payer from paying his/her obligation has been made clear. It is mentioned that the document writer who betrays to his/her mandate will be fined as much as Rp. 3000.000 or at least Rp. 1000.000. What is applied in NAD can be understood as one form of the mandates to the Law of the Republic of Indonesia No. 11 of 2006 concerning the Government of Aceh, which becomes the legal basis and constitutional foundation for the implementation of special autonomy in the province; it is also an effort to keep the land of Serambi Mekah as a part of the Unitary State of the Republic of Indonesia. It is quite interesting to see the implementation of the sanctions in the NAD Qanun No. 10 of 2007 by using the Maqashid Asy-Shariah approach, in other words the purpose of establishing laws in the science of Jurisprudence. The ultimate purpose of the law is the efforts to protect the 5 basic human rights (religion, souls, common sense, offspring and property). By appliying this approach, it will be seen how far the implementation of sanctions can be in harmony with the aspects of basic human right protection, of which the values will not only affect the convicted but also the community where the law applies. Keywords: Qanun, Sanction, Muzakki, Maqashid Asy-Syari-ah

Keywords
Qanun, Sanction, Muzakki, Maqashid Asy-Syari-ah

Topic
Islamic Law

Link: https://ifory.id/abstract/XrdR3va8gzZD