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The Position of Al-Quran As a Source of Law under the Malaysian Legal System

The Position of Al-Quran As a Source of Law under the Malaysian Legal System

However, late Professor Ahmad Ibrahim had insisted that Malaysian constitution should be given a positive approach and to try to the utmost in order to uphold the principles of Islamic government, which is based on al-Quran 13 . The interpretation of Article 3 (1) should be sufficient in upholding the principles of Islamic law in the Malaysian legal system. It provides that “Islam is the religion of the Federation: the other religions may be practiced in peace and harmony in any part of the Federation”. This provision provides special position to Islam and then we may further interpret that Malaysian legal system should be in tandem with the principle laid down in al-Quran. The failure to insert word al-Quran in the Constitution shall not be a reason to the legislature to enact any law, which is in contrary to the al-Quran. Even Medina Charter 622h did not provide specifically the word al-Quran 14 .
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The Reconstruction of Energy Management Law Based on Indonesia’s Legal System

The Reconstruction of Energy Management Law Based on Indonesia’s Legal System

In the concept of Pancasila, mediate what the West individually prominent and Socialist communal glorifies. 40 Understand Pancasila seated individual interests are balanced with the public interest. Within this scope, Pancasila is the outlook of the Indonesia nation which expresses the views of Indonesia concerning the relationship between man and God, man and fellow human beings, and human beings with the universe, with a core of beliefs about man's place in society and the individual in the universe. On the basis of this, the context of the division of the authority and the exploitation of the energy sector, should not forget the values of Pancasila, particularly social justice that made the difference of the Indonesian legal system with the modern law.
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HAZAIRIN’S LEGAL THOUGHT AND HIS CONTRIBUTION TOWARDS THE INDONESIAN LEGAL SYSTEM Sukiati IAIN Sumatera Utara, Medan - Indonesia

HAZAIRIN’S LEGAL THOUGHT AND HIS CONTRIBUTION TOWARDS THE INDONESIAN LEGAL SYSTEM Sukiati IAIN Sumatera Utara, Medan - Indonesia

Abstract: This paper discusses the thought and contribution of an Indonesian legal thinker, Hazairin, to the Indonesian legal system. It shows that Hazairin’s dynamic contribution lies not only in his revolutionary reform but also in his ability to influence the policy makers in drawing the legal products. Standing against the might of the colonial legal legacy, Hazairin was insistent in his position that Islamic law should be regarded as one of the sources for national legal system. This is despite the fact that he is the product of the Western educational system. His ideas are a kind of an intermingling spot between Islamic law, adat law and—to some extent—Western law. These issues will be exposed by relating to the circumstances that shape his ideas, and the social structure as well as the characteristics of the adat laws. Of particular interest is to pay attention to his socio-anthropological interpretation of the Qur’ān, which is aimed at showing its compatibility with society’s needs.
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THE POSITION OF ISLAMIC LAW IN THE INDONESIAN LEGAL SYSTEM (1900-2003)

THE POSITION OF ISLAMIC LAW IN THE INDONESIAN LEGAL SYSTEM (1900-2003)

Christian Snouck Hurgronje, proposed that adat (customary) law be recognized as the law historically applied in Indonesia (Supomo, 1965; Harahap, 1988). Accepted by the colonial government, the theory stipulated that Islamic law could be applied only where it was recognized by the adat law, since Islamic law was not originally from Indonesia but from Arabia (Thalib, 1981, Bruinessen, 2004). In this regard, Hurgronje reversed Solomon Keyzer’s “reception in complexu” theory, which had maintained that Islamic law was in fact applied in Indonesia from 1600 to 1800. The Dutch government had even given Keyzer`s doctrine legal recognition through articles 75, 78 and 109 of Regering Reglement Year of 1854 (Staatblad 1854 Number 2). In support of the reception theory, the Dutch scholar Cornelis van Vollenhoven put forward the idea that Indonesia had 19 regions of adat law (Vollenhoven, 1981; Dijk, 1982). 6 On the other hand Lodewijk Willem Christiaan van den Berg supported Keyzer`s reception in complexu, as did, apparently, Hazairin, who renamed it the reception theory exit out of a belief that Islam is the living tradition of Indonesia. To make his point, Hazairin contentiously referred to the reception theory as the “theory of Iblis (Satan)”! (Hazairin, 1968). The Reformists saw the Ministry of Religious Affairs, which was established in 1946, as a compromise between the Muslims and Nationalists, with a view to maximizing its functions. The Ministry managed, among other things, the Islamic Courts (later on changed into Religious Courts) and Islamic education. As far as the Religious Courts were concerned, the Indonesian government, according to the Reformists, was guilty of continuing to apply the reception theory. For although unlike the Staatblad of 1882 it provided allowances for the court’s employees, the Indonesian Government followed the Staatblad by not giving the Religious Courts the same status as
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ADAT LAW IN INDONESIAN LEGAL SYSTEM

ADAT LAW IN INDONESIAN LEGAL SYSTEM

THE DEVELOPMENT OF INDONESIAN ISLAMIC LAW • Dutch Colonial Era –Codification of Islamic Family Law, called Compendium Freijerin 1760 –Dutch law Regeeringsreglement RR Stbl 1854 recog[r]

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Perkembangan Hukum Adat di Indonesia

Perkembangan Hukum Adat di Indonesia

Hukum sebagai suatu sistem pada pokoknya mempunyai 3 elemen, yaitu a struktur sistem hukum structure of legal system yang terdiri dari lembaga pembuat undangundang legislatif, institus[r]

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REKONTRUKSI CORPORATE SOCIAL RESPONSIBILITY (CSR) BADAN USAHA MILIK NEGARA (BUMN) PERKEBUNAN DI INDONESIA BERDASARKAN NILAI KEADILAN - Unissula Repository

REKONTRUKSI CORPORATE SOCIAL RESPONSIBILITY (CSR) BADAN USAHA MILIK NEGARA (BUMN) PERKEBUNAN DI INDONESIA BERDASARKAN NILAI KEADILAN - Unissula Repository

Alfabeta Bandung Friedman, Lawrence.M, 1969, The Legal System: A Social Science Perspective, New York, Russel Sage Foundation Fuady, Munir, 2002, Doktrin – Doktrin Modern dalam Corpora[r]

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Ridiculing Capitalism in Bertold Brecht’s

Ridiculing Capitalism in Bertold Brecht’s

The court is specifically established to dispense justice to all. However, in the text, the people have little faith in the court which is seen to always rule in favour of the rich. After the Governor is killed, even the City Judge is hung because he is also seen to be part of the injustices suffered by the people, Judge Azdak represents justice, especially to the poor. When he discovers that he has been harbouring the Grand Duke, he tells Shauwa to take him to the City (Nuka) for judgment. Unfortunately, at Nuka, the city Judge has been hung and Azdak cannot get the justice he wants. Ironically, Azdak is appointed judge after he impresses the Iron shirts with his knowledge of the legal system and the injustices that the people have suffered.
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PERTEMUAN V: LOGIKA DAN PENALARAN HUKUM | Muchamad Ali Safa'at

PERTEMUAN V: LOGIKA DAN PENALARAN HUKUM | Muchamad Ali Safa'at

Both legislative drafting and application of rules to cases require awareness of the different types of legal rules in a complete legal system. A complete legal system has four types of rules. The first, what Ronald Dworkin called the “rules of recognition,” specify how legal rules are made, rescinded, or amended. In national legal systems these are typically found in constitutions or basic laws. In international law, they are specified in the doctrines about sources of evidence for international law and the law of treaties. The others are what Dworkin called “rules of law” because they specify the particular content of the legal system at any time, and he divides them into the constitutive, the . Dworkin then divided them into constitutive, regulatory, and consequential rules.
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International Accounting, Chapter 4 ch 04

International Accounting, Chapter 4 ch 04

Japan  Accounting regulation and enforcement  Triangular legal system  Company Law  Administered by Ministry of Justice  Creditor and shareholder protection the fundamental pri[r]

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BRIDGING THE IMPLEMENTATION OF THE NAGOYA-KUALA LUMPUR SUPPLEMENTARY PROTOCOL ON LIABILITY AND REDRESS IN INDONESIA

BRIDGING THE IMPLEMENTATION OF THE NAGOYA-KUALA LUMPUR SUPPLEMENTARY PROTOCOL ON LIABILITY AND REDRESS IN INDONESIA

Aside the Nagoya Protocol on Access and Benefit Sharing, which was ratified by the Indonesian government with Law No. 11 Year 2013, the Nagoya–Kuala Lumpur Supplementary Protocol on Liability and Redress (NKL Supplementary Protocol) offers great benefits for a “mega biodiversity” country like Indonesia. Despite the lack of awareness of this supplementary protocol, there is an urgent need for its ratification. This legal-normative research aims to look at the existing regulations in Indonesia to support the implementation of the Nagoya–Kuala Lumpur Supplementary Protocol on Liability and Redress, and to explore the readiness of the national legal system on liability and redress for damages resulting from the application of Living Modified Organisms (LMOs). Based on the several existing regulations, Indonesia has the readiness to a certain extent to implement the Nagoya–Kuala Lumpur Supplementary Protocol on Liability and Redress. This finding should be supported with more intensive discussion on the protocol and its implementationl.
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Hukum Adat dan Politik Hukum Indonesia (1)

Hukum Adat dan Politik Hukum Indonesia (1)

In this senses there are one federal and fifty state legal system in the United States, separate legal system in each of the other nations, and still other distinct legal system in such [r]

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Paper Sulaiman Ade SHIELD 1

Paper Sulaiman Ade SHIELD 1

There are two things that became an important part of studies in Indonesian law related to energy management. The first, related to the management of natural resources, the position of the energy regulation is not only limited in the context of the law on energy (Law 30/2007), but also associated with a numbers of laws of other energy sources, Oil and Gas (Law 22/2001), Geothermal (Law 21/2014), Mineral and Coal Mining (Law 4/2009), and Electricity (Act 30/2009). Second, the energy sector is also related to other sectors, that is: forestry, water resources, marine and fisheries, agriculture and plantations, as well as land. All sectors is impossible to separate from each other because the energy sector is in the context and in contact with other sectors. On this basis, the position of energy (and energy sectors) is very complex. Moreover, in reality of legislation, all sectors seem try to influence each other. Ideally, all of the management must reflect to the state ideology, as natural resources energy must be managed for the greater prosperity of the people. Energy should not be administered arbitrarily because in addition to the utilization, the existence of natural resources should not be separated from the philosophical orientation of indonesian legislation, Pancasila and The 1945 Constitution. However, the reality of energy legislation indicated of authority compete between sectors and alignments to society is not optimal. This is due to the legal nature of the energy sector which is liberal and still- exploitation oriented and pro-capitalist. By using socio-legal approach, this paper describes the reconstruction of law oriented to the Indonesian legal system in energy management based on Pancasila and the 1945 Constitution as the foundation and soul of the energy sector law.
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Perkembangan Sistem hukum di Indonesia

Perkembangan Sistem hukum di Indonesia

1 Dalam abad pertengahan yakni sekitar 500 M – 1400 M pada perkembangannya lebih condong dengan paham religius legal system yakni banyak dipengarui dominasi gereja dan munculnya agama [r]

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THE GOVERNANCE OF DISASTER DIPLOMACY IN INDONESIA AND MALAYSIA

THE GOVERNANCE OF DISASTER DIPLOMACY IN INDONESIA AND MALAYSIA

This research aims to produce a portfolio concerning management system of disaster diplomacy in Indonesia and Malaysia through various activities, which are examining legal documents of Indonesia and Malaysia with content analysis focusing on mitigation of disaster to deeply understand the essential constructed message in it, investigating the social construction from the law of disaster with framing analysis, creating roadmap evaluation of the disaster management system that both countries have prepared, by which Malaysia can well recognizes stakeholders’ position in its law of disaster, a simulation experimenting the management system of two countries as well as delivering international publications discussing roadmap and the management system of disaster diplomacy in Southeast Asia to reputable journals or international conference.
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Local Exhaust Ventilation and Application: A Review.

Local Exhaust Ventilation and Application: A Review.

reverse flow increased the workers contaminant exposure significantly and proposed push-pull system for improvement. Others used and research done in flight cabin by Dygert [[27]] to examined the effectiveness of using local exhaust to mitigate cross contamination within an aircraft cabin. Experimental results agree with earlier CFD work. While hawker ventilation put in consideration to install LEV system studied by Wong 2006 [[28]] where most effective fan is exhaust fan because it can improve stack ventilation in the building.

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creating the new constitution a guide for nepali citizens

creating the new constitution a guide for nepali citizens

There are three or four systems of government (parliamentary, presidential, mixed, and monarchical). But there are differences even within each principal type, producing a great variety of systems. Each of these systems has worked well in different contexts. So it is hard to say which system works the best. Much depends on the overall context in the country, which is determined by a society's traditions and history, how a society has been governed over a long period of time (and therefore, people's and of fi cials' familiarity with them), the in fl uence of colonization or a similar experience, and so on. The context is also in fl uenced by a country's socio-economic situation, ethnic diversity, demography, and even geography. A powerful in fl uence in recent decades has been the global context, in which the paradigm of the modern state is replacing traditional modes of governance. Modern states have their own logic, dynamics (e.g., the concentration of power and force, the consequent need for safeguards, the hardening of state borders, the marketization of the economy, and new modes of decision-making and participation across communities and vast geographical distances, etc), and ways of working, and these mechanisms are also in fl uenced by the states' being members of international and regional organizations, which pressure states to conform to global norms.
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Newsletter Archives - Jaringan Pemantau Independen Kehutanan

Newsletter Archives - Jaringan Pemantau Independen Kehutanan

Timber Legality Assurance System (TLAS) built by Indonesian government to prevent illegal logging or illegal log trading. SVLK’ implementation is an attempt to a forestry good governance in Indonesia. SVLK’ is mandatory to each forestry companies from upstream to downstream level. Implementation of SVLK requires companies to obey the rules, such as avoid social conlict with society near consession, not using log from the conservation forest and not using log that isn’t certiied SVLK. These three aspects are some of the prerequisite to pass veriication process. An assesment made by Independent Forest Joint Press release JPIK with FWI
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Penanganan Tindak Pidana  Perdagangan Orang (Trafficking) Oleh Kepolisian Daerah Sumatera  Utara

Penanganan Tindak Pidana Perdagangan Orang (Trafficking) Oleh Kepolisian Daerah Sumatera Utara

Dalam pengertian perdagangan orang, tidak dijelaskan proses perpindahan seseorang secara legal atau ilegal, hal ini disebabkan oleh kenyataan bahwa seseorang yang masuk secara legal at[r]

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ANALISIS SISTEM DISTRIBUSI KELISTRIKAN DENGAN METODE FUZZY – GA

ANALISIS SISTEM DISTRIBUSI KELISTRIKAN DENGAN METODE FUZZY – GA

Pada system ini terdapat dua sumber dan arah pengisian yang satu dapat sebagai cadangan, sehingga keandalan cukup tinggi, banyak dipakai pada jaringan umum dan industri. Jika terjadi gangguan atau pekerjaan pada salah satu jaringan, penyaluran tidak terputus karena mempergunakan sumber pengisian cadangan atau arah yang lain. 3. Sitem mata jala

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