Indonesia Conference Directory

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

Corresponding Author
Khairani Lubis

Institutions
Universitas Andalas

Abstract
Until now the controversy over the use of Foreign Workers (TKA) is still taking place given the unemployment rate is still very high which must immediately get a solution to the solution by the Government through providing employment. Many parties are of the opinion that the use of foreign workers is not necessary given the high number of job seekers in Indonesia. This opinion can actually be refuted by the existence of justification for the employer to use TKA, namely the existence of several provisions for that. There are several provisions governing the use of foreign workers including Law No. 13 of 2003 concerning Manpower, Law No. 25 of 2007 concerning Investment, Presidential Regulation No.20 of 2018 and finally with Minister of Manpower Decree No. 228 of 2019 concerning Certain Occupational Occupations that may be occupied by Foreign Workers. The purpose of using foreign workers is to meet the needs of skilled and professional workers in certain fields which cannot be occupied by local workers and as a stage in accelerating the process of national and regional development by accelerating the transfer of knowledge and technology and increasing foreign investment in the presence of foreign workers as a supporter of development The use of foreign workers should meet strict procedures and requirements so that Indonesian workers do not lose the opportunity or compete with foreign workers given the number of foreign investors investing in Indonesia, let alone investors have the right to employ foreign workers in their businesses.

Keywords
Foreign Workers, Protection, Indonesian Workers Opportunities

Topic
Constitutional Law

Link: https://ifory.id/abstract/qCVW2ukB3p9H

Corresponding Author
fauzi syam

Institutions
Faculty of Law, Jambi University

Abstract
Dishonorable discharge as Pegawai Negeri Sipil (PNS) who perform criminal act of the office according to court with permanent legal force-s decision, had once again become a national issue of law during the entire year of 2018. The resolution of aforementioned issue have involved many relevant institutions such as BKN (National Civil Service Agency), Kemenpan RB (Ministry of Administrative and Bureaucratic Reform), Kemendagri (Ministry of Home Affairs), and KPK (Corruption Eradication Commission). After the publication of joint decision between Mendagri, Menpan RB, and chief of BKN (SKB Tiga Lembaga) which ordered Pejabat Pembina Kepegawaian (PPK) to hand down PTDH PNS (Dishonorable Discharge as Civil Servant) towards any PNS (Civil Servant) who performed criminal act of the office based on the decision by PBHT (Court with Permanent Legal Force), in 1st of August2019, which had been handed down to 1.906 PNS (88%) out of 2.357 PNS in active duty. The publication of SKB Tiga Lembaga (joint decision of three institutions), have caused controversy among scholars, practitioners, and law experts concerning the the interpretation of article 87 clause (4) letter b UU No. 5/2014 about Aparatur Sipil Negara (UU ASN). There are debates concerning the interpretation of law article 87 clause (4) letter b, implication of PTDH as PNS, and the status of PNS who had been reactivated by PPK (Staff Development Officer) before UU ASN (civil servant acts) was implemented. A variety of parties that felt like their rights were aggrieved had filed constitutional examination of article 87 of UU ASN to the Constitutional Court. Most civil servants that had been dishonorably discharged had also filed a lawsuit to Pengadilan Tata Usaha (PTUN) to receive legal certainty and justice. And yet unlike the controversy of SKB Tiga Lembaga-s publication, PTDH PNS in PTUN (State Administrative Court) was rarely investigated throughly. Even though the legal issues that appear in PTUN-s examination and verdict towards PTDH PNS verdict is far more fundamental and strategic in deciding the progress of indonesian administrative law, which already found its basis in UU No. 30/2014 about gvernment administration

Keywords
Verdict Examination of Dishonorable Discharge as PNS (PTDH PNS), State Administrative Court

Topic
Constitutional Law

Link: https://ifory.id/abstract/nGTw3NVtRL2x

Corresponding Author
fauzi syam

Institutions
Faculty of Law, Jambi University

Abstract
Abstract Dishonorable discharge as Pegawai Negeri Sipil (PNS) who perform criminal act of the office according to court with permanent legal force-s decision, had once again become a national issue of law during the entire year of 2018. The resolution of aforementioned issue have involved many relevant institutions such as BKN (National Civil Service Agency), Kemenpan RB (Ministry of Administrative and Bureaucratic Reform), Kemendagri (Ministry of Home Affairs), and KPK (Corruption Eradication Commission). After the publication of joint decision between Mendagri, Menpan RB, and chief of BKN (SKB Tiga Lembaga) which ordered Pejabat Pembina Kepegawaian (PPK) to hand down PTDH PNS (Dishonorable Discharge as Civil Servant) towards any PNS (Civil Servant) who performed criminal act of the office based on the decision by PBHT (Court with Permanent Legal Force), in 1st of August2019, which had been handed down to 1.906 PNS (88%) out of 2.357 PNS in active duty. The publication of SKB Tiga Lembaga (joint decision of three institutions), have caused controversy among scholars, practitioners, and law experts concerning the the interpretation of article 87 clause (4) letter b UU No. 5/2014 about Aparatur Sipil Negara (UU ASN). There are debates concerning the interpretation of law article 87 clause (4) letter b, implication of PTDH as PNS, and the status of PNS who had been reactivated by PPK (Staff Development Officer) before UU ASN (civil servant acts) was implemented. A variety of parties that felt like their rights were aggrieved had filed constitutional examination of article 87 of UU ASN to the Constitutional Court. Most civil servants that had been dishonorably discharged had also filed a lawsuit to Pengadilan Tata Usaha (PTUN) to receive legal certainty and justice. And yet unlike the controversy of SKB Tiga Lembaga-s publication, PTDH PNS in PTUN (State Administrative Court) was rarely investigated throughly. Even though the legal issues that appear in PTUN-s examination and verdict towards PTDH PNS verdict is far more fundamental and strategic in deciding the progress of indonesian administrative law, which already found its basis in UU No. 30/2014 about gvernment administration.

Keywords
Key words:Verdict Examination of Dishonorable Discharge as PNS (PTDH PNS), State Administrative Court

Topic
Constitutional Law

Link: https://ifory.id/abstract/BDNuVaxwRUE3

Corresponding Author
Wazni Azwar

Institutions
Department of Government Studies
Universitas Riau
Pekanbaru, Indonesia
wazni.ur[at]gmail.com and wazni[at]lecturer.unri.ac.id

Abstract
Germany is part of the European Union and has taken pivotal roles among the other Members States. Germany faces trend as an immigrant country which currently more than ten per cent of population. More than 20 per cent of immigrant in Germany has background Turkey as ethnic origin. More than 85 per cent immigrant with Turkey background has affiliated with Islam as religion. Nowadays Germany has largest Muslim population in Western Europe after France. The active participation in society-s affairs is one of the key elements of integration and should be accompanied by legal equality in the religious sector, the relationship between the state and the civil society is pivotal. Feminism is one of paradigm in the European Union and in the Member States scholarship. Moreover, woman has special position on Islamic view. Nowadays the term Islamic feminism is uprising around the globe. The important question that becomes research question is does Islamic feminism help in the debate for integration? To what extend? It is most important as a basic and fundamental research to comprehensive understanding the Muslim living in Germany. For answering this research question, I tend to make a hypothesis that Islamic feminism help in debate for integration which 21st century is the time of transmission the concept of Islamic feminism which is connected with the proposal to support integration process in the European Union and in the Member States towards good governance system. This can be proven by active participation of women in Germany Islamic organization. The participation aims to increase capacity development of Muslim women. This participation also arise integration awareness that can be described by some patterns which divided based on data from an empirical research using sequential exploratory method.

Keywords
Muslim Women, Integration, Participation, Germany, Islamic Organization

Topic
Government and Policy

Link: https://ifory.id/abstract/26dHP3c9KhZN