Community Organizational Supervision System in Indonesia

Wahyuningsih, Sri Endah

doi:10.47191/ijsshr/v4-i8-37

Cited by 2 publications

(2 citation statements)

References 22 publications

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“…With the existence of a legal umbrella regarding zakat, it can be applied optimally and in totality in social life. Zakat in the perspective of the state is one of the important elements that must be regulated and discussed in government regulations [11].…”

Section: B Overview Of Qanun On Zakat In Acehmentioning

confidence: 99%

Absolute Competence of Religious Jurisdiction in Deciding Cases of Zakat Violation through the Sharia Court in Aceh Indonesia

Wahyuningsih¹,

Valevi²,

Mashdurohatun³

2023

IJSSHR

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The Law on Religious Courts regulates zakat for the needs of Muslims who are Muslim. However, in an area which is a special region of Aceh Province which has a special territory in implementing Islamic syariyah, the area has a qanun to regulate zakat. The deficiencies in this qanun do not specifically regulate Zakat Corruption Crime Cases. The purpose of this research is to analyze and find the absolute competency regulations of the religious courts in deciding criminal cases against the misappropriation of zakat managers through the Shari'ah Court in Aceh Province which have not been based on the value of justice; And to analyze and find weaknesses in the regulation of the absolute competence of the religious courts in deciding criminal cases against the misappropriation of zakat managers through the Sharia Court in Aceh Province at this time; This type of empirical juridical research is more suitable for social-legal studies regarding Islamic law applied in Aceh. The approach used is a qualitative approach using Field Research. Based on the results of the juridical analysis: First, the absolute competency regulation of the religious courts in Aceh, known as the Syari'ah Court, still does not have the authority to decide criminal cases against the misappropriation of zakat managers. According to the researcher, it is necessary to add letters to the articles contained in the relevant laws and qanuns regarding cases of zakat corruption, because their understanding comes from the Al-Quran, Sunnah, and the opinion of Ulama. Weaknesses in the regulation of the absolute competence of the religious courts in proposing that criminal cases against misappropriation of zakat managers can be handed over to the Sharia Court, because it can be seen from the website that there is still a lack of openness of the Baitul Mal Institution to report finances in the form of income, expenditure and these funds will be channeled to the right person , so that the Sharia Court is needed in resolving the zakat problem if there is an abuse of the distribution of zakat

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Section: B Overview Of Qanun On Zakat In Acehmentioning

confidence: 99%

Absolute Competence of Religious Jurisdiction in Deciding Cases of Zakat Violation through the Sharia Court in Aceh Indonesia

Wahyuningsih¹,

Valevi²,

Mashdurohatun³

2023

IJSSHR

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“…So that women who are victims are very harmed physically and mentally. Not to mention the social sanctions that can be obtained from the community, the good name of the family becomes polluted [4].…”

Section: Introductionmentioning

confidence: 99%

The Rights of the Victims in Submitting a Complaint against the Criminal Act of Counselling in Indonesia

Wahyuningsih¹,

Sunhaji²,

Ma’ruf³

et al. 2022

IJSSHR

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The crime of sexual intercourse committed by adults accompanied by persuasion or promises is not regulated as a crime formulation in the Criminal Code (KUHP), so that women as victims do not get justice because the complaints made are not processed by the police, The purpose of this study is to analyse the regulation of the rights of victims in filing complaints against perpetrators of criminal acts of sexual intercourse and to analyse and find weaknesses in the regulation of victims' rights in filing complaints against perpetrators of crimes of sexual intercourse as well as reconstructing regulations on the rights of victims in filing complaints against acts of sexual intercourse so that they can be used as offense so that it can provide a value of justice. This research is a non-doctrinal/socio-legal-research research with a descriptive study. The approach method in this research is Juridical Sociological by using constructivism paradigm. The results showed that the act of sexual intercourse carried out by adults accompanied by persuasion or certain promises is a crime that has not been accommodated by current regulations so that the protection of the victim is not fulfilled as well as the victim's right to complain about the sexual act experienced because the police do not can follow up the complaint so that the criminal sanctions imposed on the perpetrators cannot be carried out. Weaknesses in the current regulations include lagging behind the Criminal Code as the basis of criminal law in accommodating the rights of victims of sexual intercourse in filing complaints, which are weaknesses in terms of legal substance, the resolution of cases by the police which is not optimal is a weakness in terms of legal structure and weaknesses in the perspective of legal culture related to vacancies. the law on the victim's right to file a complaint in the act of sexual intercourse which causes the victim to be reluctant to file a complaint, because the settlement will only be done through mediation, and does not provide a deterrent effect. Reconstruction of Article 284 of the current Criminal Code by including the element of deliberately breaking the promise to be responsible for sexual acts and the victim has the right to file a complaint with the police for the actions he has experienced so that the victim's rights can be fulfilled and get justice.

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Community Organizational Supervision System in Indonesia

Cited by 2 publications

References 22 publications

Absolute Competence of Religious Jurisdiction in Deciding Cases of Zakat Violation through the Sharia Court in Aceh Indonesia

Absolute Competence of Religious Jurisdiction in Deciding Cases of Zakat Violation through the Sharia Court in Aceh Indonesia

The Rights of the Victims in Submitting a Complaint against the Criminal Act of Counselling in Indonesia

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