SALAM: Jurnal Sosial Budaya Syar-i (SJSBS) is an open-access, peer-reviewed journal. Our main goal is to disseminate current and original articles from researchers and practitioners on various contemporary social and Sharia cultural issues. SJSBS is published three times a year. It is nationally accredited by the Ministry of Research, Technology and Higher Education of the Republic of Indonesia (RISTEKDIKTI), No. 30/E/KPT/2019 (November 11, 2019). Submissions are open year-round. Before submitting, please ensure that the manuscript aligns with SJSBS's focus and scope and follows our author guidelines and manuscript template. SALAM: Jurnal Sosial Budaya Syar-i has been a CrossRef Member since 2015. Therefore, all articles published by SALAM will have a unique DOI number. P-ISSN: 2356-1459 E-ISSN: 2654-9050
Pakistan's Nuclear Proliferation as a Form of Military Defense Against India
Proliferasi nuklir menjadi salah satu isu sentral dalam hubungan internasional, terutama dalam konteks persaingan kekuatan militer antara negara-negara yang bersengketa Penelitian ini bertujuan untuk menganalisis bentuk pertahanan militer Pakistan terhadap India melalui proliferasi nuklir. Latar belakang penelitian ini adalah isu proliferasi nuklir yang berkembang sebagai akibat dari kemajuan teknologi dan konflik antar negara, khususnya antara Pakistan dan India. Pakistan, dengan segala keterbatasannya, berupaya melindungi diri dari potensi ancaman militer India dengan mengembangkan kemampuan nuklirnya. Penelitian ini mengkaji bagaimana proliferasi nuklir menjadi bentuk pertahanan diri bagi Pakistan, mengingat kapabilitas militer India yang lebih maju. Penelitian ini menggunakan metode studi literatur dengan merujuk pada penelitian terdahulu dan perjanjian internasional seperti NPT dan peran IAEA serta kebijakan konstitusi Pakistan pada tahun 1973. Dengan menggunakan pendekatan teori realisme defensif dan konsep self-deterrence, penelitian ini menjelaskan bagaimana kebijakan nuklir Pakistan berkembang sebagai respons terhadap ancaman dari India, yang lebih dulu mengembangkan senjata nuklirnya. Penelitian ini berkontribusi dalam kajian keamanan internasional, khususnya dalam memahami bagaimana negara-negara yang berkonflik menggunakan strategi deterrence dalam menjaga stabilitas regional. Meskipun proliferasi nuklir dapat meningkatkan ketegangan geopolitik, temuan penelitian ini menunjukkan bahwa kepemilikan senjata nuklir juga berfungsi sebagai alat negosiasi dan pencegahan perang terbuka di kawasan yang rentan terhadap konflik berkepanjangan. Dalam penelitian menunjukkan bahwa keputusan Pakistan untuk memiliki dan mengembangkan teknologi nuklir bukan hanya sebagai bentuk peningkatan kekuatan militer, tetapi juga sebagai strategi untuk menciptakan balance of power di Asia Selatan. Dengan menjalin kerja sama dengan negara seperti China dan menerima bantuan teknologi militer, Pakistan memastikan bahwa pertahanannya tetap kongkrit terhadap India. Hasil penelitian diharapkan dapat memberikan wawasan mengenai dinamika proliferasi nuklir antara Pakistan dan India, serta implikasinya terhadap stabilitas regional. Penelitian ini juga diharapkan dapat menjadi referensi bagi kajian akademik selanjutnya mengenai studi proliferasi nuklir dan hubungan internasional. Kata kunci: Pakistan, India, Proliferasi Nuklir, Keamanan Nasional. Realisme defensive, self-deterrence.
Copyright (c) 2024 SALAM: Jurnal Sosial dan Budaya Syar-i
Multidimensional Integrated Stabilization Mission Efforts in Handling Humanitarian Conflict in Mali 2020-2023
In 2020-2023, humanitarian conflict in Mali increased du to the coup, which impacts on so that Mali's sovereignty. This research aims to analyze MINUSMA's efforts in dealing with humanitarian conflicts in Mali in 2020-2023. This research uses qualitative research with descriptive analysis method and international organization approach and Responsibility To Protect (R2P) liberalism perspective as the main approach. The data is taken from library research consisting of journals, books, news from official sources, documents, and international reports. The results of the research show MINUSMA's efforts in dealing with humanitarian conflicts in Mali through; infrastructure, security, health, politics and social. The concept of R2P consists of 3 pillars, namely; State responsibility, explains how the Malian government have failed to resolved the humanitarian conflict in Mali. MINUSMA as an international response updates the mandate of the resolution to ensure its effectiveness according to what happens on the ground. MINUSMA as a peace mission compresed by the United Nations served as a response to the international policy that has made several efforts to resolve humanitarian conflicts in Mali, among others: The MINUSMA providing patrol training to the military, implementing the PoC mandate and providing special protection to women and children. MINUSMA contributed to the long-term project of strengthening the airport, building QIPs projects, construction and rehabilitation in Mopti and government offices and public facilities in Segou. While a health policy by sending medical equipment, building laboratories and increasing understanding of health for the Malian people. MINUSMA organized conference activities and educational discussion for people with disabilities as well as restoring constitutional order and facilitating dialogue between transitional governments. This research describe efforts of MINUSMA as a UN peace mission to resolve humanitarian conflict in Mali.
A Criminological Review of Individuals Involved in Collective Crimes of Handling
The crime of receiving money, especially when committed collectively, has a profound impact on the economic and social stability of society. This crime includes receiving, purchasing, or concealing the proceeds of a crime and often involves multiple individuals with various roles in the collective action. In the context of law enforcement, proving the involvement of individuals in the crime of receiving money is a significant challenge, so a coordinated strategy is necessary among the police, prosecutors, and courts to ensure that justice is upheld effectively. This study aims to examine the enforcement of criminal law against individuals involved in the crime of receiving stolen money and to analyse effective strategies for handling such cases. The research method employed is a normative legal approach, studying the application of criminal law norms in cases involving the receipt of money and the role of law enforcement agencies in the investigation and prosecution process. The results of the study indicate that law enforcement against the crime of receiving money requires solid and integrated coordination between law enforcement agencies. Strengthening the capacity of law enforcement officers, utilising information technology, and reforming legal policies are important steps in increasing the effectiveness of handling cases of money laundering. Additionally, increasing public legal awareness and protecting crime victims are integral components of this crime prevention strategy. Keywords: Handling, Law Enforcement, Crime.
Copyright (c) 2025 SALAM: Jurnal Sosial dan Budaya Syar-i
Responsibility of Foundation Management towards Third Parties Based on Law Number 28 of 2004
A foundation as a non-profit legal entity has a vital role in carrying out social, religious, and humanitarian activities. However, many foundations carry out business activities to support operational costs. This has raised debates regarding the limits of business activities permitted for foundations, especially after the enactment of Law Number 28 of 2004 concerning Amendments to Law Number 16 of 2001 concerning Foundations. This study aims to analyse legal provisions related to the limits of foundation business activities and evaluate the legal consequences for foundations and administrators who exceed the limits of business activities stipulated in laws and regulations. The research method used is normative legal research with a statutory and conceptual approach. The data sources include laws, legal documents, jurisprudence, and relevant scientific literature. The analysis of legal norms and foundation management practices related to business activities was conducted qualitatively. The study results indicate that Law No. 28 of 2004 explicitly limits foundation business activities only through business entities established by or owned by foundations, as long as the results are used to achieve the foundation's goals. Violating these provisions, such as conducting business activities directly without going through a business entity, can result in legal consequences, including freezing or dissolution of the foundation and personal liability of administrators abusing their authority. Keywords: Foundation; Business Activities; Legal Liability; Administrators, Law No. 28 of 2004.
The German Government’s Effort to Stabilize Human Security Due to The Refugee Crisis from Syria 2017-2020
In 2011, the armed conflict in Syria triggered a massive wave of refugees to various countries, especially in Europe. Germany became one of the main destinations for refugees due to its open policy towards asylum seekers. However, the economic crisis that hit Europe in 2013 caused major challenges in accepting and managing refugees. This research aims to analyse the impact of the Syrian refugee crisis on refugee policy and security stability in Germany. This research uses a qualitative method with a descriptive analysis approach and human security theory as the main foundation. Data analysis techniques include collecting, reducing, processing, presenting, and drawing conclusions based on secondary sources such as academic journals, scientific articles, international organisation reports, and German government policy documents. The research shows that the surge of Syrian refugees has had a significant impact on various aspects of Germany, especially in the security, economic, and social fields. To address the problem, the German government implemented various policies, including the establishment of state agencies such as BAMF, BKA, and BFV that are responsible for refugee administration, security, and prevention of radicalisation. In addition, cooperation with social organisations such as Caritas Germany and coordination with UNHCR are also carried out to ensure the welfare of refugees and maintain the stability of the country. Thus, the Syrian refugee crisis not only affects Germany domestically, but also influences European refugee policy more broadly. This research provides insight into how refugee surges due to armed conflict can affect the political, economic, and social stability of a receiving country. Keywords: Refugee Crisis, Human Security, Migration Policy, Germany, Syria
تأثير تدخل دولة الامارات العربية المتحدة في الازمة الانسانية في النزاع المسلح غير الدولي في السودان خلال عامي 2023–2024 (The Impact of The United Arab Emirates' Intervention in the Humanitarian Crisis in the Non-International Armed Conflict in Sudan During 2023-2024)
In 2023-2024, the conflict in Sudan heated up again due to tensions between the military and the Rapid Support Force paramilitary after the overthrow of President Omar Hassan Al-Bashir. This situation was exacerbated by the escalation of the conflict due to the intervention of the United Arab Emirates. This study aims to analyse the impact of the United Arab Emirates' intervention on the humanitarian crisis in Sudan. This study uses a qualitative research type with a descriptive analytical method and a humanitarian intervention approach from a realist perspective as the main approach. This study uses data analysis techniques, including data collection, reduction, processing, presentation, and conclusions. Data were taken from secondary sources such as academic journals, scientific articles, books, international documents, relevant news reports, and actors affected by the conflict. The results of this study indicate that the escalation of the conflict in Sudan due to the intervention of the United Arab Emirates has an impact on the Humanitarian Crisis. Several aspects show the effects of the United Arab Emirates intervention: first, the individual crisis as seen from the large number of fatalities due to the conflict and the group crisis in the form of ethnic massacres, structural marginalisation and systematic violence against a community. Second, the economic crisis is seen in the weakening of the currency, declining investment and decreasing availability of food supplies, which worsen the social conditions and lives of civilians in Sudan. Third, the food crisis is getting worse due to the hampered distribution of food, resources, and rising food prices. Fourth, the health crisis. This situation is worsened by the many injuries from war victims, lack of access to health services, and increasing diseases that spread amidst the chaos of the conflict. Fifth, the refugee crisis. The prolonged state of conflict in Sudan has forced thousands of Sudanese to flee both domestically and to neighbouring countries. Thus, the UAE's intervention in Sudan not only prolongs the conflict but also has an impact on the humanitarian crisis. This study provides insight into how intervention in a country in conflict can worsen the humanitarian crisis, leading to regional and global instability. Keywords: Intervention; Humanitarian Crisis; Conflict; Sudan; United Arab Emirates
Legal Progressiveness for Heirs with Disabilities as a Form of Affirmative Action
This study discusses the problem of the special inheritance section for heirs with disabilities as a form of legal progressiveness based on affirmative action. The distribution of inheritance based on needs provides a greater sense of justice because it is in line with the principle of proportionality. The purpose of this study is to determine and analyze the distribution of special inheritance for heirs with disabilities as a form of legal progressiveness based on affirmative action. The type of research used is normative juridical with a statute approach and a conceptual approach. The results of this study indicate that legal guarantees for heirs with disabilities are still very weak. However, the absence of the phrase heirs with disabilities and the inheritance section, in particular, indicates that the state does not provide a guarantee for the right to receive an inheritance and inherit. This study provides a solution in the form of regulating a special section for heirs with disabilities as a form of progressive Indonesian law based on affirmative action. The existence of special treatment for vulnerable groups is in line with the mandate of the constitution and the principle of justice of John Rawls in the theory of Justice as Fairness. The government, as a duty bearer, must continue to pay attention to heirs with disabilities by fully guaranteeing constitutional rights. Keywords: Disabled Heirs; Legal Progressiveness; Affirmative Action
International Perspectives on the Legal Framework Governing Prosecutorial Activities
This article seeks to illuminate how prosecutors' offices are legally regulated internationally. Through a comparative analysis of various foreign prosecutors' offices, the study presents information regarding their position within the government, the models they utilise, and their core functions. This allows for understanding the role and evolution of prosecutors' offices in prominent countries today. Germany, for instance, has public prosecutors' offices operating within all levels of its general court system. The Federal Prosecutor General operates under the general oversight of the German Minister of Justice. Meanwhile, the French prosecutor's office is considered part of the executive branch and is subject to the authority of the Ministry of Justice. French prosecutors share a close relationship with the judiciary, undergoing similar training and often transitioning between roles as prosecutors and judges. Latvian law designates the prosecutor's office as a judicial body. This office independently oversees adherence to the law within its defined jurisdiction. The United Kingdom has no specific "public prosecutor's office" or equivalent. Keywords: prosecutor's Office; Organisation of the prosecutor's office; Models of foreign prosecutor’s Offices; Positioning of the Prosecutor's Office; Powers of Foreign Prosecutors
Limitations of Foundation Business Activities from the Perspective of Law Number 28 of 2004 Concerning Foundations
A foundation as a non-profit legal entity has a vital role in organising social, religious, and humanitarian activities. However, in practice, many foundations are involved in business activities directly and commercially, thus giving rise to legal issues related to violations of the non-profit principle, which is the basis for establishing the foundation. This study aims to analyse the limitations of business activities permitted for foundations according to Law No. 28 of 2004 concerning Amendments to Law No. 16 of 2001 concerning Foundations, and to explain the legal implications for foundations that exceed these provisions. This study uses a qualitative approach with a normative legal research type. The methods used include a statute and conceptual approach, with data sources from laws and regulations, scientific literature, legal documents, and related jurisprudence. The study results indicate that business activities can only be carried out by foundations through capital participation in business entities that are under the intent and purpose of the foundation. Foundations are prohibited from running a business directly and distributing profits to patrons, administrators, and supervisors. Violating these provisions can have legal implications in the form of administrative sanctions up to the foundation's dissolution. Therefore, compliance with legal restrictions is crucial in maintaining the legitimacy and sustainability of the foundation's social function. Keywords: Foundation; Business Activities; Limitations
The Role of Mahad Al-Zaytun in Instilling Tolerance and Peace Values in Grade 5 Students of Madrasah Ibtidaiyah Mahad Al-Zaytun
Education is one of the strategic ways to shape the character of young people who love harmony and peace, especially in a diverse society. Ma'had Al-Zaytun, as an Islamic educational institution, places tolerance and peace as the core of its curriculum. This research aims to analyze the role of Ma'had Al-Zaytun in instilling the values of tolerance and peace in grade 5 students of Madrasah Ibtidaiyah Ma'had Al-Zaytun. This research uses a qualitative approach with a descriptive method. We obtained data from journals, articles, and other sources. The results showed that Ma'had Al-Zaytun has a learning program integrated with tolerance values, such as respect for differences, cooperation between individuals, and interfaith dialogue. These values are instilled through formal classroom activities, daily habituation, and extracurricular activities that encourage student interaction in a peaceful atmosphere. This research concludes that Ma'had Al-Zaytun has succeeded in creating an educational environment that supports the development of tolerance and peace. The findings contribute to the development of relevant educational models in building a harmonious multicultural society. Keywords: Tolerance; Peace; Character Education; Mahad Al-Zaytun
Legal Status of Physical Data and Legal Data of Ownership Rights to Land Submerged by Rob Water in Pekalongan City
Land as a limited resource but with a relatively stagnant amount requires guarantees of certainty and legal protection. The tidal flood that hit Pekalongan City caused confusion regarding the status of Physical Data and Legal Data of land ownership rights. This study describes the impact of tidal floods on physical data and legal data of land ownership rights along with its solutions in Pekalongan City. The research method uses sociological juridical using qualitative descriptive research specifications. The results of this study explain that land submerged in tidal floods in Pekalongan City cannot be said to be destroyed. Landowners can maintain their land boundary markers by using longer stakes as signs of physical data of the land area. Then, for owners who are interested in knowing complete legal data on the land, they can submit a Land Registration Certificate (SKPT) or a re-measurement application at the National Land Agency which contains detailed data, both physical data and legal data on the land concerned.
Legal Analysis of a Foundation's Legal Entity Status under Law Number 28 of 2004: Intersection of Social and Commercial Interests
This study aims to analyse the legal status of foundations by Law No. 28 of 2004 and to examine the legal implications of the misuse of foundation functions between social and business interests. Foundations, as non-profit legal entities, play a strategic role in social and educational activities; however, in practice, there is a potential for the misuse of their functions for business activities that conflict with their social goals. This study employs a qualitative method, combining a literature and legislative approach, which analyses various legal sources and related provisions to explore the legal regulations surrounding foundations, their role in social and business activities, and the legal implications of a foundation deviating from its social goals. The results of the study indicate that although Law No. 28 of 2004 provides a clear legal basis for foundations, the practice of misusing foundation functions for business activities can still occur. Therefore, strict government supervision and adherence to the principles of transparency and accountability are necessary to ensure that foundations continue to operate in accordance with the social goals mandated by law. Keywords: Foundation; legal entity; Law No. 28 of 2004; social activities; business activities; legal implications
The Role of Islamic Religious Education and Mosques in Community-Based Disaster Risk Reduction: IMFO and At-Thohir Mosque Los Angelos California United States
Education is not only a teaching and learning process limited by four walls but also a process in which humans consciously capture, absorb, and appreciate natural events throughout the ages. IMFO was established in 1997 to coordinate the activities of the Indonesian Muslim Community in the Los Angeles area and its surroundings. The establishment of the At-Thohir Mosque began with the problems of Indonesian Muslims in the United States and in most other countries, who do not have a permanent place of worship. So, the lack of permanent places of worship is an obstacle for the young generation of Indonesian Muslims, especially in their efforts to learn and understand their place of origin. From an Islamic Religious Education perspective, this study explores the tactical steps IMFO and the At-Thohir Mosque took in addressing the current fire disaster. In this study, the researcher used the library research method, where the study used various literature, both books, notes, and reports from previous studies in collecting data, and also conducted direct interviews regarding the steps taken by IMFO and the At-Thohir Mosque in Los Angeles, United States in dealing with natural disasters such as fires. The study's results found that the mosque must also serve as a community-based disaster risk reduction centre and a place for Islamic education in the community, and the existence of the Mosque as a cultural heritage of our ancestors should continue to be preserved in community life. Keywords: Islamic Religious Education; Mosque; IMFO
Analysis of the Fight between Islamism and Secularism in the Turkish Elections: Two Dominant Conflicting Forces
Turkey is the first Islamic country to officially adopt the principle of secularism, a significant change pioneered by Mustafa Kemal Atatürk after the collapse of the Ottoman Empire. The radical implementation of secularism separated religion from state affairs, triggering complex political and social dynamics between Pro-Islam and Pro-Secular groups. In recent decades, particularly under the leadership of Recep Tayyip Erdoğan, Turkey has witnessed a resurgence of Islamic values in politics and public life. Erdogan has succeeded in winning the hearts of the majority of the people through a narrative of Islamic-based national identity, economic development, and a populist approach, which has gradually shifted the dominance of secularism. This study aims to analyse the increasingly intense ideological struggle between Islamism and Secularism and to map contemporary political developments in Turkey. The method used is library research, involving the examination of various relevant academic and media sources. The results of this study offer a deeper understanding of the political and ideological dynamics in Turkey, as well as the impact of the conflict on domestic policies, Turkey's regional position, and the international community's response. Furthermore, this study also reveals how political contestation, mainly through elections, influences the national identity and social order of Turkish society today. Keywords: Secularism; Islamism; Turkish Election; Islamic Revival
Legal Implications on Social and Educational Activities Regarding the Change in The Position of Foundations in Law Number 28 of 2004
This study examines the legal implications of changes to the status of foundations as outlined in Law No. 28 of 2004, specifically regarding their social and educational activities in Indonesia. The purpose of this study is to analyse how changes in the status of foundations as legal entities affect their management, and to identify solutions that can optimise the role of foundations in the social and educational fields. This study employs a qualitative research method, incorporating a literature-based approach and legal analysis. Data were obtained from various sources, including scientific journals, legal literature, and relevant laws and regulations, which were analysed using a normative legal approach. The results of the study indicate that the changes regulated in Law No. 28 of 2004 provide a more substantial legal basis for foundations to carry out social and educational activities more accountably and transparently. However, there are challenges related to the management and supervision of foundations that must be faced, including the potential for abuse of authority by foundation administrators. This study suggests the need for strengthening regulations, more effective supervision, and the application of sound corporate governance principles to ensure that foundations play a maximum role in social and educational activities. Keywords: Legal Implications; Foundations; Social and Educational Activities: Changes in the Status of Foundations
Legal Analysis of the Rehabilitation Decision for Narcotics Abusers in District Court Decision Number 43/Pid.Sus/2022/PN Jkt.Brt
Drug abuse has a disturbing impact on society and is a serious concern in efforts to combat illicit drug trafficking in Indonesia. Drug addicts are victims who require special treatment through rehabilitation, as regulated in laws and regulations. In this context, the authority of judges to decide on rehabilitation for drug addicts is interesting to study. This study aims to analyze the legal regulations on rehabilitation for drug addicts and the basis for the considerations of the Panel of Judges in issuing a rehabilitation decision in the District Court Decision Number 43/Pid.Sus/2022/PN Jkt.Brt. The research method used is normative juridical, with a focus on the application of positive legal norms in the case. The results of the study show that the legal regulations on rehabilitation for drug addicts are regulated in Article 1, number 16 of Law No. 35 of 2009 concerning Narcotics. Medical rehabilitation is carried out in hospitals appointed by the government or private hospitals that have obtained permission from the Minister of Health. The Panel of Judges in Decision Number 43/Pid.Sus/2022/PN Jkt.Brt based its considerations on TAT Recommendation Number R/64/X/TAT/2021/BNNP dated October 21, 2021, on behalf of the defendant Thomas Sondegau, ST, which stipulated four months of outpatient rehabilitation at the BNNP DKI Jakarta. This consideration also refers to Article 54 of the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics, which requires drug addicts to undergo medical and social rehabilitation. Keywords: Rehabilitation, Drug Addicts, Narcotics
Transactional Leadership in Educational Institutions in the Perspective of Islamic Economic Law
Transactional leadership is a managerial strategy that emphasizes the reciprocal dynamics between leaders and followers through rewards and punishments, aimed at efficiently achieving corporate objectives in a systematic manner. Within educational institutions, implementing transactional leadership may enhance the discipline and performance of followers; however, it requires additional examination within the context of Islamic economic law. This study examines the implementation of transactional leadership inside educational institutions via the lens of Islamic economic law and assesses its influence on institutional performance. This study employs a qualitative methodology via a literature review to analyze diverse sources pertaining to transactional leadership and Islamic economic law. The study's findings suggest that transactional leadership in educational institutions can be implemented by adapting sharia principles, including equity, transparency, and a balance between rewards and penalties. Academic institutions must adopt a more comprehensive and motivating strategy to foster a more inventive and significant environment for stakeholders. Keywords: Transactional Leadership; Educational Institutions; Islamic Economic Law Abstrak Kepemimpinan transaksional merupakan strategi manajerial yang menekankan dinamika timbal balik antara pemimpin dan pengikut melalui penghargaan dan hukuman, yang ditujukan untuk mencapai tujuan perusahaan secara efisien dan sistematis. Dalam lembaga pendidikan, penerapan kepemimpinan transaksional dapat meningkatkan disiplin dan kinerja pengikut; namun, hal ini memerlukan pemeriksaan tambahan dalam konteks hukum ekonomi Islam. Studi ini mengkaji penerapan kepemimpinan transaksional di dalam lembaga pendidikan melalui sudut pandang hukum ekonomi Islam dan menilai pengaruhnya terhadap kinerja kelembagaan. Studi ini menggunakan metodologi kualitatif melalui tinjauan pustaka untuk menganalisis berbagai sumber yang berkaitan dengan kepemimpinan transaksional dan hukum ekonomi Islam. Temuan studi ini menunjukkan bahwa kepemimpinan transaksional di lembaga pendidikan dapat diterapkan dengan mengadaptasi prinsip-prinsip syariah, termasuk ekuitas, transparansi, dan keseimbangan antara penghargaan dan hukuman. Lembaga pendidikan harus mengadopsi strategi yang lebih komprehensif dan memotivasi untuk menumbuhkan lingkungan yang lebih inventif dan signifikan bagi para pemangku kepentingan. Kata Kunci: Kepemimpinan Transaksional; Lembaga Pendidikan; Hukum Ekonomi Syariah
Dysfunction and Deviation in the Role of Foundation Organs in Indonesia
Foundations, as non-profit legal entities, play a crucial role in supporting social, educational, religious, and humanitarian activities in Indonesia. However, in practice, many foundations still fail to carry out their organisational functions in accordance with applicable legal provisions. This study aims to analyse in depth the roles and tasks of trustees, Management, and Supervisors of foundations, as regulated in Law No. 28 of 2004, an amendment to Law No. 16 of 2001. It seeks to identify the causes of deviations and structural dysfunction in the management of foundations. This study employs a qualitative, juridical-normative, and empirical approach, utilising data collection techniques that include literature reviews and interviews with representatives from several foundations in Indonesia. The study's results indicate that a gap remains between legal norms and their implementation in the field, particularly in areas such as abuse of authority, conflicts of interest, and inadequate internal supervision systems within foundations. This is due to a lack of understanding of the role of each organ and suboptimal supervision by the Trustees and Supervisors. Therefore, efforts are needed to strengthen institutional and regulatory capacity, as well as legal education for foundation actors, to improve the governance and accountability of foundations sustainably. Keywords: Foundation; Trustees; Management; Supervisor; Law No. 28 of 2004; Non-Profit; Governance
Legal Implications Regarding Changes to The Foundation's Articles of Association according to Law Number 28 of 2004
This study aims to analyze the legal implications of changes to the foundation's articles of association, based on the provisions of Law No. 28 of 2004, which amends Law No. 16 of 2001 concerning Foundations. This study employs a qualitative method with a normative legal approach, grounded in a comprehensive examination of laws and regulations, jurisprudence, and relevant scientific literature. The study's results indicate that changes to the foundation's articles of association have a direct impact on the legality of the foundation's organs, the validity of legal relations with third parties, and the potential for legal sanctions if the specified procedures are not followed. The provisions of Law Number 28 of 2004 emphasise the importance of an accountable and transparent organisational structure through a change mechanism that must be legally registered and approved. Failure to comply with this procedure can result in the cancellation of legal actions, the invalidity of deeds, and weaken the foundation's social function in society. Therefore, understanding and socialising the law to foundation administrators is an important step to prevent violations, while ensuring the sustainability of the foundation as a non-profit institution that serves the public interest. Keywords: Foundation; Articles of Association; Changes; Legal Implications; Law Number 28 of 2004
The Impact of Territorial Conflict in the Himalayas on India-China Bilateral Relations in 2020-2023
In 2020, tensions escalated again between India and China in the disputed Central Sector area, especially in the Galwan Valley, Ladakh. This incident became one of the deadliest clashes in the history of the border conflict between the two countries, as it resulted in casualties on both sides. This study aims to analyze the dynamics of territorial conflict in the Himalayan Mountains region and its impact on bilateral relations between India and China. This study uses a qualitative research type with a descriptive method with a case study approach. Data analysis techniques include collection, reduction, processing, presentation, and drawing conclusions. The data used comes from academic journals, scientific articles, books, international documents, and related news reports. The results of the study show that the border conflict in the Himalayas has had a significant impact on the military, economic, international order, and ideology of India and China. In the military field, tensions between the two countries have increased, marked by the construction of defense infrastructure, an increase in the number of troops in the border area, and frequent incidents of clashes between the Indian and Chinese militaries. From the economic sector, this tension has caused the dynamics of bilateral trade and investment cooperation. In the international order, this conflict strengthens the dynamics of Asian geopolitics, with India strengthening cooperation through the Quadrilateral Security Dialogue (Quad) to balance China, while China strengthens its position through the Belt and Road Initiative (BRI). In the ideological field, this conflict encourages nationalist sentiments in both countries, which have an impact on their respective foreign policies and complicate the negotiation process to resolve border disputes. Thus, this study confirms that territorial conflicts in the Himalayas not only have implications for border security, but also affect bilateral relations more broadly, both in the fields of politics, economics, and global strategy. This study provides insight into how territorial conflicts between two neighboring countries can affect the dynamics of bilateral relations between the two which can disrupt regional stability. Keywords: Geopolitics; Territorial Conflict; Himalayas; China; India
Суверенные Права Экваториальной Страны На Геостационарную Орбиту (ГСО), Поскольку Природные Ресурсы Ограничены (Sovereign Rights of an Equatorial Country to the Geostationary Orbit (GEO) Due to Limited Natural Resources)
This study discusses the injustice experienced by equatorial countries, especially Indonesia, in utilising geostationary orbit (GEO), which is geographically located above the equator. GEO is a limited and strategic natural resource, but is currently dominated by developed countries through the first-come, first-served principle, which is considered unfair and widens the global gap between developing and developed countries. This study aims to examine the sovereign rights of equatorial countries to GEO and to encourage recognition of these rights within the framework of international space law. This study uses a qualitative method with a literature approach and international legislation studies, specifically examining the provisions of the 1967 Outer Space Treaty and the 1976 Bogota Declaration. The study results indicate that although the Bogota Declaration is considered to conflict with Article 2 of the Outer Space Treaty, it is urgent to revise or adjust the international agreement to make it fairer for equatorial countries. In conclusion, as an equatorial country, Indonesia has a moral and geographical basis to demand recognition of sovereign rights over GEO as a limited resource within its territorial boundaries. Keywords: Geostationary Orbit; Equatorial Country; Sovereign Rights
The Dynamics of the Application of Stoning Criminal Law from an Islamic Perspective in Indonesia and other Muslim Countries
The stoning punishment, despite having a legal basis in Islam, sometimes sparks controversy as it clashes with modern values such as human rights and national constitutions. This study analyses the dynamics of implementing stoning as a criminal punishment from an Islamic perspective, particularly in Indonesia. It compares it with other Muslim-majority countries such as Saudi Arabia, Pakistan, and Malaysia. This research employs a qualitative method, examining literature in the form of scholarly articles, legal documents, and relevant books. The findings indicate that the enforcement of stoning as a criminal punishment, both in Indonesia and in other Muslim countries, has sparked significant debate and even international condemnation for allegedly violating human rights. At first glance, stoning may appear cruel, but behind this punishment lies a crucial lesson for society—it serves as a deterrent to prevent others from committing adultery. In different countries, the implementation of stoning laws varies depending on the legal system, social acceptance, and interpretations of Islamic law. In Indonesia, the stoning punishment is only enforced in the province of Aceh. The position of Islamic criminal law in Indonesia is influenced by the principle of Bhinneka Tunggal Ika (Unity in Diversity), which emphasises the nation's cultural and religious diversity. Consequently, the application of Islamic criminal law must align with the principles of democracy, human rights, justice, and national diversity. Keywords: Islamic Criminal Law; Stoning; Objectives of Sharia (Maqasid al-Syariah)
Constitutive Interests in CNN Media Framing and Instagram's Shadow Banning Related to Israel's Aggression against Palestine 2023-2024
This study aims to explain CNN's media framing and Instagram's shadow-banning censorship policy related to Israel's aggression against Palestine since October 2023 as an action that contains a constitutive construction of interests. Through CNN's media coverage, the situation between Palestine and Israel is not described as an aggression, occupation, or genocide but as a conflict that occurred due to Hamas's attack on Israel. CNN even only uses diction that places Israel as the party being attacked and limits exposure to the loss of life in Palestine caused by Israel's aggression. The international community sympathises and provides their views regarding the developing situation but is hampered by Instagram's censorship policy through shadow banning. By using an interpretive approach to observe CNN's reporting and Instagram's shadow banning, the results of this study show that both contain US-Israeli constitutive interests in manipulating and controlling international perceptions. This refers to the interest in constructing intersubjective understandings related to Israel's positive image, which simultaneously eliminates Palestine's existence as a nation-state. Keywords: CNN; Instagram; Israel; Knowledge Constitutive Interests; Media Framing; Palestina; Shadow Banning
Analysis of the Legal Status of Foundations as Legal Entities in Indonesia Based on Law Number 28 of 2004
This study examines the legal status of foundations, the legal implications of foundation management exceeding its authority or failing to fulfill its duties, and the obstacles to enforcing the law against foundations that deviate from their obligations. The background of this study is based on the importance of foundations as non-profit legal entities in social, religious, and humanitarian activities. However, there are often deviations in management that are detrimental to the community and undermine the foundation's goals. The study employs a qualitative method, combining a literature-based approach with a normative legal approach. Data were obtained from a comprehensive literature study, encompassing legal literature, scientific journals, laws and regulations, as well as the opinions of legal experts. Law No. 28 of 2004 was analysed in a normative legal manner, focusing on the legal status of foundations and their legal implications. The results of the study indicate that Law No. 28 of 2004 provides legal protection for foundation assets, ensuring that they are used exclusively for social, religious, and humanitarian purposes. However, foundation management can be held personally liable if they abuse their authority or are negligent in their duties. The study also identified obstacles to enforcing the law against foundations that deviate, including weak government supervision, unclear authority between agencies, and a complex bureaucracy. This study emphasises the importance of strengthening effective regulation and oversight so that foundations can carry out their functions by the objectives of their establishment, providing legal certainty and optimal protection for both the community and the foundation itself. Keywords: Foundation; Legal Entity; Legal Status
Sharia Education as a Moral and Ethical Foundation for Developing a Generation of Character
Islamic education plays a vital role in shaping the character and morality of Indonesia's youth. In the context of an increasingly complex society, Islamic education is expected to serve as a strong moral and ethical foundation for students. However, there are still gaps in the understanding and implementation of Islamic education across various educational institutions. This research aims to explore the role of Islamic education in educating character-driven generations and to identify effective teaching methods in Islamic education. This study employs a qualitative approach, with subjects comprising students, teachers, and parents from several schools in Aceh. Data were collected through in-depth interviews, focus group discussions, and direct classroom observations. Data analysis was conducted using thematic analysis. The findings suggest that Islamic education has a significant impact on shaping students' character, enhancing their social awareness, and strengthening their religious identity. Interactive and contextual teaching methods have proven to be more effective in enhancing students' understanding of Islamic values. Islamic education has excellent potential in educating the youth and forming ethical character. Parental involvement and the relevance of Islamic education to local contexts are also essential factors in the success of this education. This research offers new insights into the role of Islamic education within Indonesia's educational system and is expected to encourage the development of more effective and relevant curricula. Keywords: Islamic Education; Character; Morality; Teaching Methods; Social Awareness
The Relations of Politics, Law, and Economics in a Social Philosophy Perspective
The relationship between politics, law, and economics forms the main foundation in the dynamics of national and social life. These three elements not only influence each other structurally but also create a power structure that directly affects the distribution of social justice, policy-making, and the functioning of state institutions. This study aims to examine in depth how the relationship between politics, law, and economics is formed, implemented, and questioned through a social philosophy approach, and how this approach can open up space for criticism of the structural inequalities that occur. The research method used is qualitative with an interdisciplinary approach that combines political, legal, and economic analysis within a social philosophy framework. Data were obtained through a literature review of critical philosophy, social justice theory, and relevant empirical studies. The analysis was carried out reflectively and thematically on concepts such as power, justice, law as an ideological instrument, and political economy in the context of the state. The results of the study reveal that the relationship between politics, law, and economics is often constructed to maintain the dominance of certain groups, rather than achieving social justice. Law is not always neutral, but usually becomes a tool for legitimising economic and political power. Politics also does not always run within the framework of democratic participation, but is often controlled by market interests. Social philosophy plays a crucial role in dismantling these power structures and providing ethical and critical perspectives to promote policy reform and social stability. Keywords: Social philosophy; political law economy; social justice; power; public policy
The Urgency of Tolerance and Peace Values in The Educational Environment of Mahad Al-Zaytun
The Indonesian state with its various cultures has millions of endemic characteristics in every corner. Starting from the diversity of languages, cultures, to religions and beliefs, Indonesia is an example of the unity of all diversity in unity. At least that's the dream contained in "Bhinneka Tunggal Ika" which is tied to the Garuda's legs. The purpose of this research is to find out the urgency of the value of tolerance and peace in the scope of education in Ma'had Al-Zaytun. This research method is a literature study research, which is a research method that collects, analyzes, and studies written sources that are relevant to the research topic or problem. The process of conducting an overview of previously published literature works related to various topics. The result of this study is that the urgency of the values of tolerance and peace in the scope of education in Ma'had Al-Zaytun is very important and these values of tolerance have been applied through education. Keywords: Urgency; Tolerance; Education
Stoning Law in The Perspective of Islamic Law: A Comparison of The Implementation of Stoning Law in Indonesia and Arab Countries
This study explores the contextual interpretation of Islamic law within the framework of Arab countries and Indonesia, emphasizing the historical, social, and political factors that influence their legal systems. It highlights the complexities of implementing Islamic law, particularly concerning human rights and international legal standards. The research critiques the role of monarchies in Arab countries, where legal systems often reflect a blend of traditional Islamic principles and modern secular influences. The study also discusses the challenges these legal systems face in balancing religious mandates with contemporary human rights issues, as highlighted by various international organizations. The findings indicate that while Islamic law provides a fundamental legal framework, its application is significantly shaped by the socio-political context of each Arab country, leading to diverse interpretations and implementations of justice. This study concludes by advocating for a more nuanced understanding of Islamic law that considers both its religious roots and the modern legal landscape. Keywords: Islamic Law; Arab Countries; Human Rights; Legal System; International Law; Socio-Political Context
Evaluation of Education as a Tool for Improving Learning Quality to Empower the Younger Generation
Quality education is key to empowering the younger generation and preparing them to face future challenges. However, current educational evaluation practices often prove ineffective in enhancing the quality of learning. Therefore, this research was conducted to explore the role of educational evaluation as a tool for improving learning quality. This study aims to identify the effectiveness of evaluation methods applied in schools and how they can enhance student engagement and learning outcomes. This research employs a mixed-methods approach, combining qualitative and quantitative methods. Data were collected through interviews with educators and students, classroom observations, and curriculum document analysis. The research population consists of educators and students from several secondary schools in Aceh. Principal Results: The findings indicate that many educators feel that the evaluation methods currently in use are not fully effective. Students also desire more varied and interactive evaluation methods. Additionally, there is a gap between evaluation results and curriculum improvement that needs to be addressed. The study concludes that effective educational evaluation must actively involve students and be integrated with the curriculum. Thus, evaluation should not only serve as a measurement tool but also as a means to enhance the quality of learning. This research provides new insights into the importance of student involvement in evaluation and the need for training for educators to implement better evaluation methods. The findings are expected to serve as a reference for policymakers and educators in designing more effective evaluation strategies. Keywords: Educational evaluation; learning quality; student engagement; evaluation methods; education
Free Nutritional Meals Program (Mbg) in Indonesia: Human Development according to an Islamic Perspective (Sharia Economic Review on Aspects of Insaniyah Development)
This study aims to analyze the Free Nutritious Meals (MBG) program from the scope of human capital development from an Islamic economic perspective. MBG, which was born from President Prabowo Subianto's government program, does not contradict Islamic teachings in the slightest. This is not only from an Islamic economic perspective but also from the spirit of implementing Pancasila values and the mandate of the 1945 Constitution. Moreover, world religions other than Islam also provide support for the MBG program according to their teachings, as do humanitarian institutions in the world. The research method used in this study is qualitative research with library research. With the accuracy of this methodology, its main focus is exploring the literature to provide strong reasons for theoretical and empirical facts. The results of this study confirm that the MBG program is under the principles of Islamic economics in Indonesia as outlined by the maqashid al-syariah taught by the Qur'an and strengthens the human capital development system (insaniah), especially Muslims who are in number the recipients of the tremendous benefits from the implementation of the program. Keywords: MBG; Indonesia; Human Capital; Islamic Economics; Maqashid al-Shariah