Jurnal Al-Hakim: Jurnal Ilmiah Mahasiswa, Studi Syariah, Hukum dan Filantropi

Istiḥsān Theory and Its Application in the Standard Inpatient Class (KRIS) Initiative by the National Health Insurance Program (JKN)

Thu, 23 May 2024 00:00:00 +0700

This research aims to discuss the Standard Inpatient Class (KRIS) initiative which is integrated into the National Health Insurance Program (JKN) in Indonesia. This program was implemented to improve the quality and access of health services. KRIS is designed to improve the physical aspects of health facilities, but challenges arise in its implementation, including adapting hospital infrastructure and varying public perceptions. This research uses a qualitative method with a literature review approach, namely by collecting various sources relevant to the research topic. Data sources include scientific articles, books, research reports, government regulations, and other official documents related to the implementation of KRIS by JKN and analyzed using istihsan theory. The results of the research are that although hospitals in Indonesia are generally ready to implement KRIS, BPJS Health still considers its implementation to be no longer relevant due to a budget surplus. On the other hand, if viewed using the istiḥsān theory, the KRIS program initiative is the implementation of government steps to achieve social justice and equal access to health services. This article also highlights differences of opinion between BPJS Health and the National Social Security Council (DJSN) as well as the lack of clarity in existing law regarding the government's role in implementing KRIS. This research shows the need for adjustments and better communication between stakeholders to ensure the success of KRIS in achieving the goals of the National Health Insurance Program (JKN-KIS).

Wakaf Produktif Channel YouTube Ditinjau Dari Teori Maqāṣid Syarī‘ah Ibnu ‘Ashur

Mohammad Zulfi Rhomandon, Muhammad Nabil Lubab, Murtadho Ridwan (Author) — Thu, 23 May 2024 00:00:00 +0700

This article discusses the review of Maqāṣid Syarī‘ah in the context of productive endowment on a YouTube channel based on Ibnu ‘Ashur's perspective. The study is a library research using a juridical-normative approach focused on examining the issues and solutions of productive endowments in the digital era. The research data analysis employs the IRAC method (Issue, Rules, Analysis, and Conclusion). The author opines that revenues from YouTube endowment accounts, such as income from advertisements, shopping links, revenue from YouTube premium subscriptions, channel subscriptions, Super Chat & Super Stickers, and Super Thanks, should comply with the Maqāṣid Syarī‘ah. Monetization through advertisements obtained on YouTube endowment accounts is categorized as a means (waṣīlah), where limiting advertisements by the account owner implements the principle of 'saddu zarā’i' by eliminating the causes of Sharia violations in certain content. Revenue from YouTube accounts other than advertisements is categorized as a waṣīlah in Ibnu 'Ashur's Maqāṣid, justified to attain benefits (maṣlaḥah), as these means do not contain elements violating Sharia.

Sertifikasi Elsimil Bagi Calon Pengantin Sebagai Salah Satu Syarat Administrasi Pernikahan Ditinjau Dari Maṣlaḥah Mursalah

Son Haji Saputra, Seno Aris Sasmito (Author) — Thu, 23 May 2024 00:00:00 +0700

The elsimil certification programme (siap nikah dan siap hamil) is an electronic application-based nutrition screening programme and premarital health assistance for prospective brides and grooms which is intended as an effort to help plan the formation of a healthy, quality family, ready for marriage and especially ready for pregnancy. The purpose of this study is to determine the implementation of elsimil certification for prospective brides as one of the requirements for marriage administration in Ngawi District, Ngawi Regency in 2023 with a review of maṣlaḥah mursalah. The research method used is qualitative field method, with data collection techniques including interviews, observation, and documentation. The results showed that the implementation of elsimil certification in Ngawi District, Ngawi Regency, is not fixed on the rules that require 3 months of assistance before marriage, because for those whose marriage registration is too tight, elsimil certification assistance can be proposed after marriage. So, the bride-to-be can still get married according to the planned time and certainly does not complicate the marriage. The benefit contained in the elsimil certification is ḥājiyyāt because it can avoid difficulties in the framework of ḥifẓu an-nasl.

Penanganan Perkara Penyalahgunaan Narkotika Dengan Pendekatan Keadilan Restoratif Perspektif Hukum Pidana Islam

Avivah Firisqi Leksono, Fery Dona (Author) — Thu, 23 May 2024 00:00:00 +0700

The significant increase in narcotics criminal cases in the city of Surakarta in the last three years and the situation of overcapacity in the Surakarta Detention Center have prompted the Surakarta District Prosecutor's Office to take action to resolve alternative criminal cases, namely restorative justice. Based on this background, this paper aims to examine how narcotics abuse cases are handled using a restorative justice approach at the Surakarta District Prosecutor's Office and how it is viewed from the Islamic Criminal Law perspective. This research is a qualitative field research with an empirical juridical approach. Primary data was obtained directly from the Surakarta District Prosecutor's Office in the form of case data and interviews, while secondary data was obtained from books, journal articles and scientific works related to research. To collect the data, interviews and documentation were carried out. The data obtained was then analyzed using the data analysis method according to Miles and Huberman, namely data reduction, data display, and data conclusion. The results of the research explain that the handling of narcotics abuse cases with restorative justice at the Surakarta District Prosecutor's Office has been successfully implemented in two narcotics abuse cases. Meanwhile, from the perspective of Islamic criminal law, the provisions for handling narcotics abuse cases with restorative justice are not found in the Al-Quran or Sunnah, so that the Authorities are responsible for deciding the punishment that is deemed appropriate for the case, which is usually called ta'zir.

Perlindungan Hukum Bagi Korban Pemerkosaan Sedarah yang Melakukan Aborsi Ditinjau dari Hak Asasi Perempuan

Eka Gita Yunita, Mukhamad Bahrul Ulum (Author) — Wed, 29 May 2024 00:00:00 +0700

This research aims to identify cases of rape victims committed by blood parties where the victim has experienced pregnancy and followed by abortion, this research will be reviewed through Women's Human Rights. Women are entitled to receive justice and legal protection by the government. Abortion or better known by its legal term, abortus procatus which in Latin has the meaning and meaning of deliberate abortion of the womb. Abortion is one of the many health cases that claim many victims, abortion is also one of the health cases included in the criminal act. Criminal regulation of abortion is not without reason, this is done one of them with the aim of saving women's health. Departing from one of the cases that occurred in the community, especially in Batang hari district, where the victim was raped by her own biological brother to experience pregnancy and abortion. The research method used in this study uses normative research using legal norms using a case approach. The results can be concluded that all forms of legal provisions regarding abortion, stating that the act of abortion is not allowed unless there are certain indications that allow it. So that there needs to be legal corrective action related to abortion, especially in certain conditions in order to create a sense of security and justice for others.

Humanist Concept in Settlement of Non-Performing Murabahah Financing

Fu'aida Nur Hikmawati, Muh. Nashirudin (Author) — Wed, 29 May 2024 00:00:00 +0700

This research examines the process of resolving Non-Performing Murabahah financing, and how the Fatwa of the National Sharia Council (DSN) of the Indonesian Ulema Council (MUI) reviews the Settlement of Non-Performing Finance at Saving and Loan Association and Sharia Financing (KSPPS) Bayt al-Māl wa al-Tamwīl (BMT) Sakinah Mojolaban, Sukoharjo. This research is field qualitative research. The research results show that efforts to handle problematic murabahah financing carried out by BMT are by providing gradual administrative warnings, restructuring financing, rescheduling or other policies that apply at BMT. If the customer is unable to fulfill his obligations, BTM will auction off the customer's collateral. BMT also offers the option of contract conversion by creating a new contract for customers who cannot complete murabahah financing in accordance with the provisions of the Fatwa of the DSN-MUI No. 49/DSN-MUI/II/2005 Concerning Murabahah Contract Conversion. This effort was made to save BMT assets by applying Islamic and humanitarian values.

Tantangan Dan Peluang Eksistensi Asuransi Syariah Pada Era Digital Dan Upaya Pengembangannya Di Indonesia

Wendy Dika Ariani, Fairuz Sabiq (Author) — Tue, 28 May 2024 00:00:00 +0700

This research aims to analyze challenges and opportunities of sharia insurance in the digital era as well as efforts to develop sharia insurance in Indonesia. This research uses descriptive analysis with a qualitative approach. The discussion in this article is a literature review based on literature references. The results show that based on the Fatwa of the National Sharia Council (DSN) of the Indonesian Ulema Council (MUI) Number 21/DSN-MUI/IV/2001 sharia insurance is an effort to mutually protect and help a number of people through investment in the form of assets which provides return patterns to face certain risks through sharia-compliant contracts. The development of sharia insurance in Indonesia is quite good and significant with the use of sharia fintech digital technology. With this digital business, the opportunity to reach the wider community becomes easier. However, the challenge is that public knowledge in operating sharia fintech is still minimal. As an effort to develop it, all parties must work hard to introduce and socialize the sharia insurance system in Indonesia by educating the public in operating sharia fintech.

The Role of Digital Technology to Enhance Zakat, Infaq, Sadaqah and Humanitarian Fund (ZISKA) Fundraising

N. Al Ngizati Ngama Yasifah, Makhrus (Author) — Thu, 30 May 2024 00:00:00 +0700

This study examines the role of digital technology in increasing ziska fundraising. It also also reveals the inhibiting and supporting factors pertaining to ziska fundraising in zakat management organizations. This research is of field research with a descriptive approach. The object of research is Badan Amil Zakat (BAZNAS) Banyumas Regency, Lembaga Amil Zakat Infaq dan Sodaqah Muhammadiyah (LAZISMU) Banyumas Regency, and Lembaga Amil Zakat Infaq dan Sodaqah Nahdlatul Ulama (LAZISNU) Banyumas Regency. The techniques used to obtain data are observation, interviews, and documentation. The result shows that ziska fund collection is carried out through conventional methods or visiting the office, accessing Instagram, Tiktok, Google, Website, QRIS (Quick Response Code Indonesian Standard), print media, transfer via account number, pick-up zakat, UPZ (Zakat Management Unit) service, Simba application, digital office, Kitabisa. Meanwhile, LAZISNU uses Koin NU (Nahdlatul Ulama Infaq Can). As for the supporting factors, there are social media or print media and even applications that can support the running of ziska fund collection, while the inhibiting factors are the lack of understanding for ordinary people and the lack of internal expertise in special fields to carry out socialization to the community.

Penggunaan Batok Kelapa sebagai Alat Tukar ditinjau dari Teori ‘Urf dan Undang-Undang No.7/2011

Novita Dwi Safitri, Andi Wicaksono (Author) — Thu, 30 May 2024 00:00:00 +0700

This research aims to analyze the practice of using coconut shells as a medium of exchange in buying and selling at Bahulak Market, Karungan, Plupuh, Sragen from the perspective of 'urf. This research methodology uses a type of field research with a descriptive qualitative approach. The data sources used are primary data and secondary data. The research site is Bahulak Market, Karungan Village, Plupuh District, Sragen Regency. By using data collection techniques in the form of observation, interviews and documentation. The result of this research is the practice of buying and selling is in accordance with the pillars and conditions of buying and selling according to sharia with a medium of exchange in the form of coconut shell. This coconut shell meets the criteria of a medium of exchange. From the perspective of ‘urf, this buying and selling is included in al-‘urf as-ṣaḥīḥ, al-‘urf al-‘amalī, and al-‘urf al-khāṣ which can be used as a legal basis. This buying and selling practice does not violate Law No. 7/2011 on Currency because coconut shells can only be used as a medium of exchange and cannot be considered money or currency.

Pertanggungjawaban Pidana Anak Pelaku Penyalahguna Narkotika Perspektif Hukum Pidana Islam

Yesy Yuvita, Evi Ariyani (Author) — Thu, 30 May 2024 00:00:00 +0700

Decision number 03/Pid.sus-Anak/2018/PN.Skt regarding child offenders who abuse narcotics even though the child has been legally and convincingly proven guilty in article 127 paragraph 1 letter a of law number 35 of 2009, but the child is only given a lenient criminal sentence. The research was conducted to examine the criminal liability of children as drug users. The research method used is qualitative research with normative research. The data analysis techniques used is content analyis. The result of this research explain that the criminal responsibility of children who abuse drugs in verdict number 03/Pid.sus-Anak/2018/PN.Skt is because children have fulfilled the theory of criminal responsibility and based on law number 11 of 2012 children can be held accountable for their actions, the sentence given is to undergo treatment at the SINAI Sukoharjo Mental and Drug Rehabilitation Foundation for 6 (six) months, the decision is also based on the judge’s consideration. Meanwhile, in Islamic criminal law, children as perpetrators of criminal acts will not be subject to punishment in the form of hudud, qishas/diyat, or ta’zir. Children will only be subject to ta’dibi which is coaching that provides lessons but does not affect their psycholog.