Ahkam: Jurnal Hukum Islam

NEGOSIASI DALAM HUKUM ISLAM:

Umi Fajar Fauziah — 2025-01-10

Fitrah Zakat plays a central role as an obligatory duty that cannot be ignored. Fitrah zakat is a mandatory contribution for every individual in the Muslim community, known as (zakat al-nafs). It must be distributed accurately to those entitled (mustahiq), ensuring the goal of meeting the needs of the mustahiq during festive occasions is achieved. This research is motivated by the zakat distribution practices in Pojok Village, where several hamlets distribute zakat evenly among the local community. The study critically examines the concept of negotiating zakat distribution within Islamic law, particularly through the principle of "harmony." The research employs qualitative and field research methods, gathering data through direct field observations and deductive analysis. Primary data sources include interview results, supplemented by secondary data from relevant literature. Data collection techniques involve observation, interviews, and documentation. Data analysis techniques include data verification and presentation, with data validity ensured through triangulation and extended research.

POLITIK HUKUM PP NOMOR 78 TAHUN 2015 TENTANG PENGUPAHAN SEBAGAI UPAYA PEMENUHAN HAK DASAR PEKERJA/BURUH

Anis Nur Nadhiroh — 2024-11-30

This research will be more directed to respond to PP Number 78 of 2015 concerning Wages. In this PP on Wages, it has contradicted the ideals in the constitution, so that in the hierarchy of statutory regulations, the wage formula in this PP on Wages has contradicted the principle of Lex Specialis Derogate Legi Inferiori. The big idea that is being promoted is about efforts to create ideal and just laws in accordance with the values and ideals of the state. These efforts are often referred to as Legal Politics. Then it is often misunderstood as legislative (legal) politics, because it is attached to legislative variables where the tracing process is often carried out normatively by examining the legal ideals of a nation and its achievement efforts which are stated in the work plan (legal politics) of the legislative institution in the form of Prolegnas. The method used in this study is normative juridical. The results of this study convey that in the process of determining the amount of wages, it has ignored the amount of fair and decent wages for workers both from positive law and Islamic law.

HARMONISASI PENGATURAN UPAYA ADMINISTRATIF DALAM PENYELESAIAN SENGKETA ADMINISTRASI NEGARA DARI PERSPEKTIF TEORI AL-ADALAH DAN AL-SHURA

Indri Hadisiswati — 2024-11-21

The regulation regarding administrative efforts in resolving state administrative disputes is governed by two different legal foundations. There is a dualism of opinion regarding the necessity of administrative efforts before filing a lawsuit in court, whether it is imperative or facultative, based on the provisions of these two legal foundations, namely the State Administrative Court Law and the General Administrative Procedure Law. This legal issue will be examined through normative legal research, The study concludes that administrative efforts in resolving state administrative disputes are facultative as long as they are not explicitly regulated in sectoral laws. The facultative nature of these administrative efforts also requires simplification in resolving administrative disputes. This simplification can be achieved by limiting the process to two levels of administrative court examinations, ending with a review and decision by the Supreme Court. Harmonious administrative arrangements in resolving state administrative disputes must consider the fundamental principles of Islamic law, such as al-Adalah (Justice) and al-Shura (Deliberation). Justice ensures that decisions taken fairly fulfill the rights and obligations of the involved parties, while deliberation emphasizes the importance of collaboration and participation in decision-making, allowing for outcomes that are more widely accepted by all parties.