Search results
Filter
1017 results
Sort by:
SSRN
POLA GERAKAN DAN ARAH PENDIDIKAN KHILAFATUL MUSLIMIN DI BIMA
Khilafatul Muslimin (KM) lahir dilatar belakangi oleh kegelisahan pendirinya memperhatikan kondisi umat Islam yang kian hari kian terbelakang dan tertindas oleh hegemoni Barat dari segi politik, ekonomi dan sosial budaya. Oleh karenanya satu-satunya cara untuk mengembalikan kondisi umat Islam seperti masa lalu adalah dengan menegakkan kembali khilafah yang sudah lama tumbang. Penegakan khilafah ini bersifat wajib karena sudah dimaktubkan dalam al-Qur'an dan As-Sunnah. Salah satu daerah yang dijadikan bascame KM adalah Bima yang terletak di ujung timur pulau Sumbawa. Mereka mendirikan sebuah madrasah sebagai pusat gerakan yang berfungsi sebagai tempat transfer of knowledge pada generasi muda KM. Untuk masyarakat umum, para ustadz KM gencar melakukan dakwah melalui media internet, FB dan Blog, menyampaikan khutbah bergilir di beberapa masjid, mengadakan diskusi keilmuan, dll. Ormas KM ini bila dikaitkan dengan teori gerakan sosial, dilihat dari latarbelakang berdirinya, termasuk dalam kategori teori deprivasi relatif (relative deprivation theory), karena para pendirinya merasa kecewa terhadap kondisi kaum muslimin yang semakin hari semakin terpuruk dan menjauh dari syari'at Islam. Jika dilihat dari tipologinya, KM termasuk dalam kategori gerakan sosial transnasional movement, tipe gerakan sosial yang bercita-cita untuk mengubah kondisi sosial tertentu yang tidak hanya ada dalam lingkungan mereka, akan tetapi perubahan di seluruh dunia. Tipe gerakan sosial ini sering disebut dengan gerakan sosial baru (GSB) atau New Sosial Movement (NSM). Sztompka mengkategorikan KM sebagai gerakan konservatif, gerakan sayap kanan, yaitu gerakan yang berupaya untuk memperbaiki institusi, hukum, cara hidup, dan keyakinan yang telah mapan di masa lalu tetapi mengalami erosi dan dibuang dalam perjalanan sejarah.
BASE
POLICY CHANGE AND IMPLEMENTATION REGIMES: LESSONS FROM THE IMPLEMENTATION OF LAND POLICY CHANGE AT THE SUB NATIONAL LEVEL IN NIGERIA
ABSTRACT The aim of this research project is an inquiry into the intersection between institutional design of policies and organizational behavior on policy outcomes. Specifically, it is a comparative case study that seeks to examine the different implementation styles adopted by some Nigerian states in the reforms on land property rights. The reforms as gauged by the World Bank's Ease of Doing Business index shows that the outcomes were mixed; while they were considered a success in some states, in others they were seen as failed reforms. Thus, the research question the project seeks to answer is: How do some states succeed in implementing and sustaining a policy change, while others are less able to do so? The study focuses on the different institutional designs as well as implementation styles adopted by some selected Nigerian states which resulted in varying degrees of success. This differential outcomes according to theories on delegation, implementation and policy regimes arises from the interplay of the contents of different sets of procedural prescriptions: on the one side, the mandate to decide, which establishes boundaries, conditions and aims of an agency's legitimate discretion in policy implementation; and on the other, the obligations to account, which enforce, relax or restrict such latitude. Therefore, the project seeks to further the applicability of these frameworks to weak institutional contexts by exploring variations in the institutional designs of policy delegation and implementation across some selected states in Nigeria. A triangulation strategy was employed to collect data in three (3) states of Nigeria, using both primary sources (structured interviews) as well secondary sources (policy documents, administrative manuals and procedures, legislation, reports, minutes of meetings, public hearings, executive directives, and organizational organograms). The collected data was qualitatively coded and analyzed.
BASE
Islamic Family Law Reform: Early Marriage and Criminalization (A Comparative Study of Legal Law in Indonesia and Pakistan)
In this paper I want to compare of legal law in Indonesia and Pakistan about early marriage. In Indonesia, marriage law No. 1/ 1974 explained that the limit of age of marriage is sixteen (16) years for women and nineteen (19) years for men. In Pakistan, after the 1961 MFLO amendment, Pakistan established the minimum age of marriage under the Child Marriage Restraint Act, 1929, is eighteen (18) years for men and sixteen (16) years for women. In addition to Law No. 1 of 1974, in Indonesia, the KHI is clearly repeating Article 15 Paragraph (2), for candidates who have not reached the age of 21 years, they must obtain permission as provided in Article 6 Paragraph (2), (3), (4), and (5) of Law No. 1 year 1974. Otherwise, in Indonesia this regulation is slower than other perversions country that I mention. The questions in this paper are; first, why does the legislation of Indonesia provides dispensation of marriage in the Court for prospective couples under the age of marriage? Second, why does Pakistan's legislation give prison sanctions and penalties for married couples under the age of marriage? Thirdly, why does the legislation of Indonesia and Pakistan implement different determination of law for early marriage? The conclusion; if both prospective brides are still below the minimum age for marriage, the parents of the two brides-to-be may submit a marriage dispensation in a religious court. Dispensation of this marriage is regulated in Minister of Religious Affairs Regulation No. 3 year 1975, specifically for people who are Moslems. This matter the marriage law also provides an outlet as a solution if the minimum age requirement is not met. Otherwise, In Pakistan, Historically; the marriage of children is in conflict between those who feel established and those who want change by reforming their family law. So, MFLO 1961 came out of the outcome of the change of the Child Marriage Restraint Act 1929 to sanction marriage with fines and imprisonment for married couples who are married under the minimum age set for marriage. Even sanctions are given for parents, guardian, and marriage organizers as well as even more than the sanctions given to his son. Even if the renewal of Islamic law in the Indonesia have been done. Indonesia is somewhat late in doing Islamic law reform than Pakistan.
BASE
Kedudukan Audit Medis dalam Penegakan Hukum Tindak Pidana di Bidang Medis
This study examines the status of Medical Audit in law enforcement in the medical field, and to what extend can Medical Audit be used as evidence in court proceedings. The concept of this research is juridical-empirical, with descriptive-qualitative study, the method used is literature and interviews, relying on legislation relating to health services in hospitals. This study uses a theory consisting of health legal instruments relating to ethics and law, Hospital Law, Medical Records, Medical Audits, Professional Standards, and Operational Procedure Standards, as well as materials for criminal actions and criminal accountability. The results showed that Medical Audit can be applied in investigations and inquisitions by the police. However, the police do not use Medical Audit as an instrument of enforcement and verification, whilst it is very crucial in assessing a certain relevant issue. Law enforcement is expected to be able to make the Medical Audit as part of the admissible evidence in the Police.
BASE
SSRN
Working paper
Rural Banditry, Regional Security and Integration in West Africa
Rural banditry is increasingly becoming one of the worst forms of domestic insurgencies affecting West African sub-region. The prevalence and severity of rural banditry has contributed to the rising increase of regional insecurity with a potential threat on regional integration of West Africa. With reference to Nigeria, this paper examines the nature and dynamics of rural banditry and its overall international security implications as well as describe how it inputs into West African states efforts towards regional security and integration. Using secondary sources of data, the study revealed that rural banditry is a resource-based conflict compounded by elite conspiracy, the primitive quest for wealth and general poverty situation which affected the people of West Africa. It has become a lucrative business accentuated by bad governance, political clientelism, the gradual disappearance of grazing lands and routes, urbanization, climate change, and absence of effective conflict resolution mechanisms. The paper revealed that rural banditry has gradually evolved into a sub-regional conflict with socio-economic and political implications on efforts towards West African security and integration. The study found that some of the implications of rural banditry with consequences on regional integration of West African include radicalization of youth, increase rate of youth unemployment and their subsequent involvement in illicit gun and narcotic drug trade across the sub-region, the emergence of a network of miscreants groups, gradual collapse of agricultural and livestock development with effects on income, trade and commerce, proliferation of small firearms and light weapons, bastardization of traditional institutions and hostile ethnic and tribal relations among ethnic groups, illegal migration and refugee problems across the sub-region as well as proliferation and networking of domestic insurgency groups threatening regional peace and stability of the sub-region. In this regard, the paper recommends a comprehensive ...
BASE
Hak Mengajukan Gugatan dalam Sengketa Lingkungan Hidup
Penelitian ini ingin menjawab keberadaan pihak-pihak yang dapat mengajukan gugatan ke pengadilan apabila terjadinya kerugian akibat perbuatan melawan hukum dalam lingkungan hidup. Perbuatan melawan hukum yang menimbulkan kerugian akibat pencemaran atau perusakan lingkungan yang dilakukan oleh pengusaha atau penanggungjawab usaha dan/atau perusakan lingkungan hidup. Penyelesaian sengketa lingkungan hidup melalui pengadilan dapat dilakukan melalui gugatan perdata biasa yang diajukan oleh pihak korban atau anggota masyarakat biasa yang mengalami kerugian. Dengan melakukan studi dokumen, ditemukan bahwa dengan berlakunya Undang-Undang Nomor 32 Tahun 2009 telah memberikan kesempatan untuk mengajukan gugatan melalui legal standing/LSM, prosedur class action atau melalui citizen suit yang merupakan hak gugat tanpa adanya kepentingan hukum. Pemerintah atau Pemerintah Daerah sebagai penanggung jawab di bidang lingkungan hidup juga dapat mengajukan gugatan terhadap pelaku pencemaran dan/ atau perusakan lingkungan hidup untuk kepentingan dan kesejahteraan masyarakat. Right to Submit a Law in the Environmental Disputes This study wants to answer the existence of parties who can file a lawsuit to the court if there is an unlawful act that results in a loss to the environment. Unlawful acts that cause losses due to pollution or environmental damage carried out by employers or business people responsible for and/or environmental damage. Settlement of environmental disputes through a court can be carried out through civil lawsuit filed by victims or community who suffer losses. By conducting document studies, it was found that with the enactment of Law No. 32 of 2009, it has provided an opportunity to file a lawsuit through legal standing, class action or through citizen suits which constitute a claim right without any legal interest. The Government or Regional Government as the person in charge of the environmental sector can also file a lawsuit against the perpetrators of environmental pollution and/or damage for the benefit and welfare of the community.
BASE
Rural Banditry, Regional Security and Integration in West Africa
In: Journal of Social and Political Sciences, Vol.2 No.3 (2019)
SSRN
Hubungan antara Sistem Birokrasi dan Perilaku Birokrasi Pemerintah Kabupaten/Kota di Sulawesi Selatan*
This study aims at analyzing the correlation between bureaucracy system and bureaucracy behaviors. The typology of bureaucracy behavior incorporates: autocratic behavior, custodial behavior, supportive behavior, and collegial behavior. Autocratic behavior complies with selfinterests, power, authority, loyalty, obedience, and basic need fulfillment. Custodial behavior gives preferentiality to organization economic resource, solidarity, and familial relationship. Supportive behavior directs to meet the organization vision and missions. Collegial behavior tries to harmonizeperformance, familial relationship, and solidarity in achieving organization goals.The research result shows bureaucracy system causes the emergence of a transitional bureaucracy behavior. On one side, it remains practicing traditional (autocratic and custodial) behavior. On the other side, it tries to shift to modern (supportive and collegial) behavior.
BASE
Character education through living hadits for elementary school : Survey on Madrasah Ibtidaiyah at Malang dan Blitar, East Java, Indonesia
Character education is still the main commitment of the government. The fundamental issue of character education is the unfamiliar procedure and criteria of judgment. On the other hand, Islam is identical with the source of the value of the ordinances and the extent of the judgments very clearly. The study of living Quran and living hadith, reviving al quran and al-hadith in practice level began to be tried to be an effective media in character education. Character education at the elementray level is doctrinization, where elementary children will imitate and get used to what will be exemplified, one of them by making the hadith as its parameter. That is, the basic ethics of what should be instilled in elementary school children in accordance with the guidance of hadith. This survey is conducted to see what practices or hadith practices have been done and have not done elementary school children in two different locations characteristics. Malang is identical with the city of education and have economic progress as Blitar is not yet on the same level as Malang. The results of this survey with different locations of these characteristics will be very helpful to provide an accurate picture of the character of elementary school children and their conformity with the guidance of hadith. Furthermore, it can be used in the follow-up efforts as well as evaluation related character education for the next level.
BASE
Elite's Brinkmanship and the Politicization of Anti-corruption Project in Nigeria: An Overview of the Anti-corruption War under the Buhari Administration
In: Sociology and Anthropology, Volume 6, Issue 1, p. 74-85
ISSN: 2331-6187
Art as Narrative: Recounting Trauma through Literature
In: IRA-international journal of management & social sciences, Volume 8, Issue 1, p. 118
ISSN: 2455-2267
<p>In literature, all human phenomena are reflected by literary works and related to the world through simple artistic mediums. It is no doubt that trauma exists as part of human challenges since the start of human history. However, the concept of trauma has been theorized in the fields of sciences and social sciences since ages i.e. Medicine, Psychology etc. only soon did it gain credence and was theorized in the stream of literature by some competent, scholarly and capable professors of comparative literature at Emory University; Cathy Caruth and Shoshana Felman. As the world evolves from one age to another, so does literature, binding history and culture of a place and people efficiently. Trauma has as well been one way or another, prevalent in all forms of literature. It surfaces as the shady part of all narratives that tell of a history, memoir, agonies and sorrows of the writer or about the subjects (characters) created.</p><p>This paper explores the origins of trauma theory and deciphers its essential role in literature. It argues that trauma in literature is a must-read because, the theoretical multiplicity that allows for an appreciative comprehension of trauma's flexible representations include (and also move beyond) the idea of trauma as neurotic, appalling, horrifying, terrifying and the pleasure of telling and witnessing a traumatic event which is, of course, literature.</p>
Criminal Justice's Ailing Role
In: Advances in Social Sciences Research Journal, Volume 4(2), p. 164-175
SSRN
REINTERPRETASI SHALAT JUMAT (KAJIAN DALIL DAN PENDAPAT ULAMA)
Orders about the Friday shalat: sermon, shalat, tribune and khatib stick, until opinion of i`adah zuhur after Friday is the parts of Friday ritual made progressively detailed and confessed by some of moslem scholar as Jumhur opinion, at least Syafi`iyah, so that public society assume it as permanent form come from teaching of Rasulullah saw. This article describes construction of Friday at period of Rasul covering history, kaifiyat, categorize the mukallaf, sermon position, and Friday substansi. Research done indicate that there was no complete theorem about procedures of shalat and Friday sermon. This result it become the religious service which multi interpret; very supple, not tighten, and rich with the different idea, so that opened a possibility to be re-expostulated. Theorem of opinion of faction "minority» about orders of Friday can be told stronger rather than Jumhur. Important finding, Friday substansi is syiar of Islam and Friday founded have to with the governmental permit.
BASE