Name: Database Jurnal Hukum
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The paradigmatic debate on the relationship between religion and state in Islam is an actual classic problem. The debate rises due to the absence of the normative basis and historical precedents that definitively state the relation between religion and state. Therefore, the paradigm formulation between religious and state relations is a matter of ijtihadiyah which is always open for debate. This article shows that theoretical debates about the relations between religious and state leads to three paradigms: integralistic, secularistic and symbiotic-mutualistic paradigms.

Ridwan Ridwan

Paradigma Relasi Agama dan Negara dalam Islam

Malaysia is a country in Southeast Asia with an area of 329 758 km2 and a population in 2007 amounted to 27.17 million. Of the total population in 2007, 60% are ethnic Malay "Bumiputera", 26% ethnic Chinese, 8% Indians, 5% other ethnic Bumiputera, and 1% other ethnic groups such as Arabic, Sinhalese, Eurasian and Europe.[1] Under the constitution, Malays are Malaysian citizens who practice a traditional Malay, Melayu Language, and Muslim. Approximately 25% of the Malaysian population is Chinese, and 7% is made up of India. Almost 85% of the races Indians in Malaysia are Tamil community. More than half the population of Sarawak and Sabah 66% of the population consists of non-Malay indigenous people. The entry of another race to some extent reduce the percentage of indigenous population in the two states. In addition, Malaysia also has a population that comes out of Europe and the Middle East. Malaysia's population density is not distributed evenly, with 17 million of the 25 million people living in Peninsula Malaysia.

Ong Argo Victoria

Fadly Ameer

SYSTEMS AND POLITICAL DEVELOPMENT IN MALAYSIA

Before the entry into force of UNCLOS in 1982, the continental shelf area governed by Article 1 of the Convention IV Geneva Convention on the Law of the Sea in 1958, which was implemented a by Act No. 1 of 1973. The setting through 1958 Geneva Convention on the Law of the Sea benefit only for the developed countries that have the advanced technology. Although UNCLOS 1982 has been in force, but the status of Indonesian Act No. 1 of 1973 still impose as the implementation of the Geneva Conventions Of 1958. Several agreements with neighboring countries are being held between the years 1969- 19972, of course it is very detrimental to the Indonesian Government. In this case the Act No. 1 of 1973, adjusted to international law, namely UNCLOS in 1982 is expected that the regulating of the utilization of natural resources in the continental shelf of Republic Indonesia can provide a fair arrangement. It is Necessary to remember that there is a difference in perception between the Act No. 1 of 1973 with the UNCLOS in 1982 in the matter of setting the area of the continental shelf.

Abdul Munsharif

SETTING THE ANALYSIS OF NATURAL RESOURCE USE IN CONTINENTAL AREAS OF INDONESIA BY APPLICABILITY CONVENTION LAW OF PBB 1982

Adoptions are included in the category of legal acts, the which resulted in the rightsand obligations of the parties. In the Burgelijk Weetboekand the compilation of Islamic law, are differences in theregulations about how the positions Adopted child to the adoptive parents. It is implicated in the process of inheritance. Adopted inheritance of the children in accordance with Islamic Law Compilationused was was borrowed, while the Burgelijk Wetboeek, inheritthe same Adopted children with legitimate children.

Cucuk Kristiono

POSITION OF ADOPTED CHILDREN IN THE DISTRIBUTION OF HERITAGE PROPERTY IN INDONESIA

The purpose of this research is to overcome the awareness problem of business actor, especially street vendors and consumer on the importance of hygiene and food sanitation, to identify how big the responsibility of business actors (Street Vendors) to products sold under the UUPK. This research is also a form of Research Grant for Beginner Lecturers, which was expected to direct and nurture the ability to research novice lecturers, and become a training tool for novice lecturers to publish their research results in accredited scientific journals, both locally and nationally. The results showed that the level of awareness of business actors on food sold is still lacking, it is also supported by the lack of consumer awareness of the importance of protection of consumers. The form of responsibility of business actors (street vendors) is to provide compensation to the disadvantaged consumers under Article of the Protection Act of Consumers.

Khifni Kafa Rufaida

RESPONSIBILITIES OF BUSINESS ACTORS ON FOOD SANITATION REVIEWED FROM CONSUMER PROTECTION LAW

The number of cases of migrant workers abroad need to establish protection which is able to overcome the problems or issues that have so far linked with the placement and protection of migrant workers, both before leaving for work and after returning to Indonesia. As stipulated in the Act no. 39 2004 Article 6 that the government is responsible for enhancing the protection of migrant workers abroad, so here takes an active role from the government on how to protect workers without pressure from other parties. In order to protect workers, it is also require the participation of various parties, such as the family of migrant workers, labor organizations, and other parties that exist. In order to provide protection to workers, it is not only the duty of the minister of labor alone, but also the duty of the foreign minister. This is in accordance with the wording of Article 19 (b) of Law No. 37 of 1999 on Foreign Relations, which is representative of the Republic of Indonesia is obliged to provide care, protection and legal aid to citizens and legal entities abroad Indonesia in accordance with national legislation and international law and practice.

Arpangi Arpangi

LEGAL PROTECTION ON INDONESIAN LABOR IN ABROAD

Detention is a criminal act of deprivation of freedom which is one of the criminal forms stipulated in the Criminal Code. The mechanisms of detention have been organized according to the Criminal Procedure Code. Mistakes in detention can lead to fatalities for many parties including people who execute the detention. The impact of detention on suspects/defendants is not only felt by suspects/defendants, but also it is felt by families of suspects/defendants, communities, and countries.

Muhammad Khambali

RECONSTRUCTION OF DETENTITON REGULATION  AGAINST A SUSPECT OR DEFENDANT IN ACCORDANCE WITH CIVIL CODE BASED ON JUSTICE

The National Guidelines of State Policy known to the Indonesian people as Garis Besar Haluan Negara (GBHN) used to be a set of political, economic and social principles enacted every five years by the People's Consultative Assembly or Majels Permusyawaratan Rakyat (referred to as MPR hereafter) that had to be followed by both central and regional governments for the prosperity of Indonesia and the Indonesian people. However, since the amendments to the 1945 Constitution (1999-2002), which stripped MPR of much of its power, this national development planning scheme was abolished and decentralization was established throughout Indonesia. Nevertheless, in recent years more voices are being heard demanding the reinstatement of the National Guidelines. This paper discusses the issue of national development planning at the central government level. Drawing on the example of the Indonesian National Guidelines of State Policy, the paper argues that a possible return to the old guideline policy could be counter-productive as it would harm the decentralization process, political freedom, democracy, human rights, and the rule of law in Indonesia.

Hilaire Tegnan

Charles Simabura

Saldi Isra

Indonesian National Development Planning System Based on State Policy Guidelines (GBHN) : A Return to the Future?

The juridical-theological-philosophical distinction of religion is one of the obstacles of a person to be an heir. On the other hand, empirically-historically-sociologically isnot so, because of the existence of illat or other reasons that allow a person of different religions to gain inheritance from the heirs who are Muslims by considering the factors of justice. It is an act of makrufconstructive 'wasiatwajibah' to the relatives in need and oriented towards human values, usefulness and benefit which need to be realized in pluralist society of diverse life. It can contribute to the national law which is the result of ijtihad in the form of development of compilation The Islamic Law texts (tahrij al-ahkam 'alanash al-qanun) as a form of legal discovery with a progressive paradigm in realizing the function of the judiciary that the judiciary is a tool of social change.

Ahmad Khisni

RECONSTRUCTION OF ISLAMIC FAMILY LAW IN THE FIELD OF LEGAL INHERITANCE IN RELIGIOUS PLURALISM AND ITS CONTRIBUTION TO NATIONAL LAW (Ijtihad Study Of Judges Of Religious Court On Development Of Inheritance Law In The Compilation Of Islamic Law)

The purpose of this study is to examine and to analyze the construction of social functions of Intellectual Property Rights. Furthermore, it is also intended to know the urgency of social functions of Intellectual Property Rights and to reconstruct the social function of Intellectual Property Rights based on the value of Justice. The method used was doctrinal and non doctrinal approach by using primary and secondary data source. Moreover, the data was analyzed by using analytical descriptive. The result of the research shows that, the construction of social function of IPR has not been in accordance with Pancasila justice value. The urgency of social functions of IPR is as a form of crystallization of communal, inclusive and religious values. While the reconstruction of the social function of IPR was based on the value of Justice, namely by harmonizing the principle of Corporate Social Responsibility with the crystallization of communal, inclusive and religious values in using the IPR products, especially for copyrights and patents.

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