Socio-Legal Research: Integration of Normative and Empirical Juridical Research in Legal Research

Noor, Afif

doi:10.56444/jidh.v7i2.3154

Cited by 6 publications

(4 citation statements)

References 12 publications

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“…This approach was complemented by examining legal products related to this constitutional article. Additionally, a historical approach was used to analyze the development of these principles, considering the historical context in which they were framed (Noor, 2023).…”

Section: Methodsmentioning

confidence: 99%

Convergence of green and sustainable principles from the perspective of economic democracy in Indonesia

Subekti,

Handayani,

Hidayat

2024

Int. j. adv. appl. sci.

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Despite a broad agreement on the significance of incorporating environmental consciousness and sustainability into policies, these have not been sufficiently prioritized in the practice of economic democracy. Such principles are essential for the operation of the national economy and are mandated by Indonesia's constitution. This study introduces the critical idea of integrating environmental and sustainability principles within economic democracy to foster economic development. It utilizes normative legal research methods, using both primary and secondary legal sources like the Constitutional Court Law, the 1945 Constitution, academic journals, and theories on economic democracy. The research finds a robust connection between environmental and sustainability principles, suggesting that economic development should harmonize environmental conservation, management, quality improvement, and sustainability with economic growth. In Indonesia, economic interests often dominate environmental considerations. However, ensuring prosperity and a healthy environment as part of human rights remains essential. Environmental considerations are crucial for societal efforts to enhance well-being. Combining these principles could lead to laws that address environmental crises and safeguard citizens' constitutional rights, benefiting both the environment and community welfare.

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Section: Methodsmentioning

confidence: 99%

Convergence of green and sustainable principles from the perspective of economic democracy in Indonesia

Subekti,

Handayani,

Hidayat

2024

Int. j. adv. appl. sci.

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“…Based on the data sources obtained from several libraries, this type of research is a literature review or library research (Noor, 2023). The approach used is a statutory and historical approach by the legal materials used in the form of Supreme Court regulations and Wahbah Al-Zuhaili's legal opinions that have been expressed in the past.…”

Section: Methodsmentioning

confidence: 99%

Maximizing Charitable Endowments for Healthcare: Maqasid Shariah Perspectives from Wahbah Zuhaili and Shariah Economic Laws Compilation

Anwar,

Afif Noor

2024

JLPH

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A gift is a voluntary agreement without compensation, either to heirs or other people. However, its implementation will have an impact on conflict when the grantor suffers from illness. Of course, this has different legal implications than for healthy people. This study focuses on the opinions of Wahbah Al-Zuhaili and KHES. This research method uses library research, which is qualitatively analytical through a historical approach and a statute approach. The data analysis method uses the fiqh muqaran approach. The results of the research show that first, the law of giving sick people maqasid Shariah values is found in the following aspects: protecting religion, protecting the soul, protecting the mind, protecting property, and protecting offspring. Second, Wahbah al-Zuhaili classified illness conditions as serious illness and non-severe illness. Conditions of serious illness that cause death before one year has passed, the law applies to people who are seriously ill and cause death. Meanwhile, for illnesses that are not serious or do not cause death, the grantor may commit with the recipient to pay for life until death, as stated in Article 454 paragraph 2. Third, KHES specifically includes grants for seriously ill people in articles 724–727.

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“…This research category is empirical juridical research or non-doctrinal research that understands the law as not only limited to the norms contained in statutory regulations, legal concepts or legal principles, and other legal materials but also conducts studies on legal practices or inconcreto law (Noor, 2023). The research does not only examine the concepts, principles, and legal inventories related to KSPPS but also conducts studies or research on protection efforts or the methods adopted by KSPPS Istiqlal managers in protecting the rights of KSPPS members, especially for the safety of members' savings funds.…”

Section: Methodsmentioning

confidence: 99%

Ensuring Member Savings Protection During the Covid-19 Pandemic: A Case Study of KSPPS Istiqlal Pekalongan, Central Java, Indonesia

Arifin,

Rosyidah,

Parama Widia Astuti

et al. 2023

QAJ

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This study aims to determine the basis for protecting members' savings and the efforts made by KSPPS Istiqlal managers in protecting their members' savings during the COVID-19 pandemic. The method of approach used in this study is empirical-juridical, based on primary and secondary data. Interviews with KSPPS Istiqlal managers provided primary data, while secondary data came in the form of legal documents, both primary documents originating from statutory regulations and secondary legal materials obtained from the literature. According to the findings based on primary and secondary data, property protection is the foundation of legal protection for members of the KSPPS Istiqlal, which is one of the maqashid shariah and the Constitution of 1945. Efforts made by the KSPPS Istiqlal manager to protect members' savings during the COVID-19 pandemic included, among others, maintaining financial liquidity of at least 25%, not channeling all member savings funds in the form of financing, and rescheduling KSPPS Istiqlal members who receive financing and experience difficulties paying their financing installments.

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Socio-Legal Research: Integration of Normative and Empirical Juridical Research in Legal Research

Cited by 6 publications

References 12 publications

Convergence of green and sustainable principles from the perspective of economic democracy in Indonesia

Convergence of green and sustainable principles from the perspective of economic democracy in Indonesia

Maximizing Charitable Endowments for Healthcare: Maqasid Shariah Perspectives from Wahbah Zuhaili and Shariah Economic Laws Compilation

Ensuring Member Savings Protection During the Covid-19 Pandemic: A Case Study of KSPPS Istiqlal Pekalongan, Central Java, Indonesia

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