bluuebunny/crossref_metadata_2025 huggingface dataset:
The efficacy and safety of tension-free thyroidectomy in the clinical work of the Endocrine Surgery Department Pavlov State Medical University, pilot study
Authors: Farafonova U. V. , Pankova P. A. , Boriskova M. E. , Feshenko N. S. , Totskiy E. A.
Published: December 2022

BACKGROUND: Despite the intensive development of safe thyroid surgery technologies, it has not yet been possible to achieve a significant reduction in the level of specific complications. One of the possible reasons is the method of the conventional surgical operation especially possible traction during thyroid tissue rotation on the way to n.reccurence. In 2022, group of authors led by I.V. Sleptsov proposed a new technique for Tention-Free Thyroidectomy (TFT), which demonstrated a significant reduction in the level of specific complications.

AIM: To conduct a pilot study to assess the reproducibility, efficacy and safety of TFT in the work of the endocrine surgery department of Pavlov First St. Petersburg State Medical University.

MATERIALS AND METHODS: The study was conducted at the Department of Endocrine Surgery in the period from January to April 2022. Patients with surgical thyroid disease underwent a new proposed TFT intervention. The method is fully consistent with the author’s description in patent No. 2772015, and the surgeons performing the new surgical technique underwent an internship with the authors of TFT before the initiation of the study. The study is prospective, non-randomized, uncontrolled. Persistent laryngeal dysfunction and persistent hypoparathyroidism were considered the primary endpoint. Secondary endpoints were transient vocal cord paresis, hypocalcemia and hypoparathyroidism.

RESULTS: The study included 20 people. The indications for surgery were endocrinological and oncological. The number of performed hemithyroidectomies were 15, thyroidectomy (TE) — 5 (one with central lymph node dissection), the volume of the thyroid gland varied from 4 cm3 to 280 cm3 . None of the patients reached the primary endpoint. There were no permanent dysfunction of the larynx in our study. Only in one patient in the postoperative period, a violation of the mobility of the vocal fold was revealed, however, during follow up on the 30th day of the postoperative period the mobility of the vocal fold was restored (confirmed by direct laryngoscopy). Hypoparathyroidism and hypocalcemia were not detected. However, it is necessary to mention the number of TE was too small.

CONCLUSION: Thus, the new proposed TFT method is fully reproducible in the work of a specialized department of endocrine surgery. The method has demonstrated high rates of efficiency and safety in real clinical practice. However, further studies with a higher evidence base are required.
The Agonistic Politics of Invitation: Narrating Moments of Cultural Policy Interventions in Berlin, New York and Vancouver
Authors: Landau-Donnelly Friederike , Bain Alison L.
Published: December 2022

This paper offers the framework of an agonistic politics of invitation to nuance the political implications of contextually- and temporally-specific cultural policy invites that bring to light a range of conflicts. Invitations are conceptualized with respect to their rationale, form, role expectations, and responses in three empirical vignettes: (1) the collectivized articulation of Berlin’s trans-disciplinary Koalition der Freien Szene as future invitee in local cultural governance; (2) the counter-invitation formulated by New York City’s People’s Cultural Plan to tackle ongoing racial inequities in the municipal Cultural Plan; and (3) uninvited graffiti responses to Vancouver’s Chinatown public art call to reconcile century-long discrimination against Chinese Canadians. The paper argues that invitations crucially shape and condition future spaces of possibilities for collaborative urban cultural governance.
The Devaluation of the artist
Authors: Fitzgibbon Ali
Published: December 2022

Much has been written about artists’ precarity and dependency on institutions. Precarity is a de-economisation of freelance artists and ‘asymmetry’ on which cultural economy and arts policy relies. Speculation early in 2020 was that Covid-19 drew attention to the unethicality of these relationships but what has changed? Here, pre-pandemic and rapid response research on UK freelance theatre artists are brought together to suggest that the #CultureReset has been little more than a resetting of the stage with all props and players returning to previous positions. Pre-pandemic, the separation of artists from the language, policymaking, business and decision-making of professional subsidised theatre represented an unethical rationality. Covid-19 interrupted and transformed all cultural activity with a disproportionate impact on freelance artists, particularly in performing arts. Yet during 2020 and 2021, previous value systems (the rationality of the field) were maintained. Early hopes for improved conditions diminish as institutions and governments restore previous behaviours, counter to the ‘new normal’ advocated. A global crisis could not change the ‘value problem’ of artists in the arts. Moreover, pity procured for artists during the pandemic has further infantilised and devalued them. These findings call for greater scrutiny of the ethics of arts management and policy and new more collaborative approaches to solving the value problem.
From a few resounding voices to a multitude of whimpers. The role of writers towards modern cultural policy in Mexico
Authors: Soltero Gonzalo
Published: December 2022

In this article I will look into the role of writers towards cultural policy in Mexico. Although artists generally do not participate in policy planning, some specific writers and their literary cenacles have been fundamental in shaping Mexican cultural policy. This relation between writers and the state will be analysed through some literary groups and their relation to politics and cultural policy in the 20th century, a relation that in the 21st century has changed as writers and their publications have lost terrain to social media. FONCA was the institution that resulted from this relationship dedicated to foster artistic production from 1989 to 2020. I will analyse FONCA and Mexico’s arts policy, updating previous studies, from a dual perspective: as a writer and researcher that has been beneficiary and judge of its programmes.
Artists’ Mobility Across Borders: A Mixed Methods Approach to Understanding Dance on the Island of Ireland
Authors: Durrer Victoria , Mcgrath Aoife , Campbell Peter
Published: December 2022

This paper argues for the importance of mixed research methods in capturing the voices and perspectives of artists to understand the territorial nature of cultural policy. A pilot study, Co-Motion: Dance and borders, used an experimental, interdisciplinary approach of epistemological pluralism mixing improvised dance methods with survey data to understand the cross border professional experiences of dance artists on the island of Ireland. We see territorial mobility as both a policy practice and a construct, and sought to explore the impact and reception of that mobility on artists. Bringing together mixed methods allows for showing the affective nature of policy as well as telling via survey data. Reflecting on this experiment reveals the divergence and complexity that mixing methods may prompt and highlights the need for a methodological approach that recognises artists’ aesthetic way of knowing as crucial to capturing the embodied nature of cultural policy frames and contexts.
Lessons in Survival: The De-funding of Restless Dance Theatre
Authors: Tonkin Maggie
Published: December 2022

In March 2020, Michelle Ryan, Artistic Director of Restless Dance Theatre, an Australian dance company that includes both disabled and non-disabled dancers, was awarded Australia’s highest dance honour by the Australia Council, the federal arts funding body, for her transformative leadership of the company. Almost simultaneously, the very same Australia Council removed funding support for Restless, threatening the company’s survival. This essay examines Restless’s response to the fundamental incoherence of the Australia Council’s decision and situates it within the broader context of the company’s own evolving practice in disability art, which in effect saw it attempt to create policy in the field. I outline the government policy contexts that underpin both the funding cuts and Restless’s pivot to an alternate source of funding: the ideologically driven ‘culture wars’ underpinning the Coalition government’s hostility to the arts sector, and the establishment of a National Disability Insurance Scheme that enables individual ‘clients’ to access money for arts training. Finally, the essay examines the implications of a dance company receiving funding from a disability service provider rather than from a mainstream arts funding body, questioning whether this is a further ‘ghettoization’ of disability art.
Artists Shaping Policies Through Higher Art Education. How Visual Artists Develop Policies that Affect their Lives, Practices, and Careers
Authors: Scarsbrook Sarah
Published: December 2022

This paper centralises visual artists in policymaking processes. It foregrounds the ways artists influence and determine the policies that affect their lives, practices, and careers through their higher art education in London (UK) art schools between 1986-2016. The uninvited and indirect processes by which artists are shaping policies using their education is captured through artsbased/informed methods developed for listening, analysing, and interpreting alongside grounded theory methodology. The practitionerled approach is key to noticing and raising the subtle agitations in the actions and inactions that underscore artists’ role as policy progenitors. Artists’ relationships with professional development and their experiences of structureless pedagogies, which are aligned to artistic myth are foregrounded. Their acceptances, rejections, and reframing of their fine art curricula is where their influence in shaping policy sits.
Espacio estatal y escala en Latinoamérica
Authors: Elinbaum Pablo , García Ariel
Published: December 2022

“Espacio estatal” es una herramienta de crítica ideológica a través de la cual se pretende superar el entendimiento del espacio basado en el empirismo estadístico y el formalismo de las jurisdicciones estáticas. La territorialidad estatal fue discutida desde diferentes abordajes teóricos tales como la disyuntiva entre política de escala y escala como política, la contingencia entre las fuerzas estructurales y las prácticas de los actores, y la corporalización del espacio desde una lógica relacional, entre otras. En el contexto latinoamericano, sin embargo, la problematización del espacio estatal –y en general de la dimensión espacial– se suele considerar de manera tácita, más que explicativa. A partir de esta vacancia, en este número especial de RDEE, proponemos retomar la discusión acerca de la producción del espacio estatal, aportando una mirada latinoamericana y problematizando, particularmente, los modos en que el estado intenta mediar creando nuevos espacios para responder a las condiciones económicas que impone el nuevo marco de competencia global y, al mismo tiempo, el modo en que el estado se reconfigura a sí mismo en este proceso endógeno y exógeno.
Aportes a la discusión sobre la matriz productiva fueguina. Mapa de la Gobernanza de los Recursos Naturales en Tierra del Fuego
Authors: Gómez Luz , Bitar Sebastián , Kelly Julián , Romano Silvina , Cantero Camila
Published: December 2022

El desarrollo económico de la Provincia de Tierra del Fuego se encuentra fuertemente condicionado por la política de promoción industrial llevada adelante por el gobierno nacional en el marco de la Ley 19640. Desde su aprobación en el año 1972 hasta la actualidad, el Régimen fue objeto de reconfiguración de funcionamiento a partir de diversas medidas del gobierno nacional. Uno de los cambios más notorios es la modificación de sus prioridades, se pasó de la extracción de recursos naturales al desarrollo de la industria electrónica. Cabe resaltar que, si bien el Régimen se implementa en la provincia, es en el ámbito nacional donde se define el perfil productivo fueguino. Este trabajo tiene como objetivo analizar dichas actividades vinculadas a la extracción de recursos naturales, en particular, la actividad pesquera, la minera de baja escala y la forestal, a través del diseño de mapas de gobernanza. Por medio de esta herramienta analítica, visibilizar actores, articulaciones y reglas de juego.
Sanksi Pembunuhan dengan Sengaja Perspektif Hukum Pidana Islam dan Hukum Positif
Authors: Andrianto Fredy
Published: December 2022

This article seeks to uncover criminal sanctions for intentional murder from the perspective of Criminal Law and Islamic Criminal Law. One form of murder that is very detrimental is intentional murder. This type of research is library research, using a normative-juridical approach and the nature of this article is descriptive-analytical-comparative. The research results show that the intentionality element can be seen in the tools used. If the murderer uses a tool or weapon to kill, it includes intentional murder. The purpose of punishment in Islamic law is not only to prevent criminal acts but following the objectives of maqasid as-syari'ah, namely hifz an-nafsi (body-body protection). In Islamic criminal law, the punishment for intentional murder is   qişāş, diyat, or ta’zīr, depending on the judge's decision. Meanwhile, the purpose of punishment in criminal law in Indonesia is based on three basic principles of punishment, namely retributive, relative, and combined. In positive law, the punishment for intentional murder, according to Article 340, is the death penalty. This means that there are few similarities between the two Islamic and Positive criminal laws, which open up the possibility of the death penalty being imposed on murderers.
Studi Perbandingan Pemikiran Filsafat Hukum Islam Al-Ghazali, Asy-Syatibi, dan Ibnu Khaldun
Authors: Wahyuni Sri
Published: December 2022

The study of Islamic legal philosophy in the modern era has become an essential study along with the development of human needs for legal products in accordance with the context of the times. The focus of this article is to describe the differences in the philosophical thoughts of Islamic law from several figures, namely: al-Ghazali, Ash-Syatibi, and Ibn Khaldun. This article is library research with data sourced from primary books, then analyzed qualitatively using descriptive, analytical, and comparative approaches. The results of this study indicate that each thinker has different views in the discourse of Islamic legal philosophy as the basis for the existence or absence of Islamic law. Al-Ghazali and Ash-Syatibi believe that a law needs to be based on the existence of revelation so that there is no legal legitimacy if there is no text as its foundation. Al-Ghazali and Ash-Syatibi agreed with the existence of maslahah as the goal of enacting a law. Thus, the law determined based on the texts must be following maqashid ash-syari'ah, namely benefit. Meanwhile, Ibn Khaldun emphasized the portion of reason in understanding God's message from the Prophet.
Praktik Rukun Qauli Dalam Salat Bagi Difabel Wicara Perspektif Abu Hanifah dan Asy-Syafi’i
Authors: Fa'izah Shofa Auliya
Published: December 2022

In Fiqh, there is no sufficient discussion about the prayer of the speech disabled. Even though there is no specific and detailed discussion regarding the law of prayer for speech disabled people (pillars that cannot be carried out by speech disabled people). In this case there is a difference of opinion between Abu Hanifah and ash-Shafi'i. The type of research used is Library Research, which uses literature in the form of books, books, journals, dictionaries, literature related to the object of study. The nature of this research is descriptive, comparative, analytic, namely explaining, explaining, and analyzing as well as comparing the legal istinbath method used by two jurists. The results of this study indicate that Abu Hanifah and asy Syafi'i have different opinions regarding the pillars of qauli in carrying out prayers. In this case, Abu Hanifah is of the opinion that surah al-Fatihah is not included in the pillars of prayer, but what is included in the pillars of prayer is reading the verses of the Qur'an, if the mushalli cannot read it, then the substitute/badal, the mushalli may replace it by being silent for a moment if during the reading of Surah Al Fatihah finished. Meanwhile, ash-Shafi'i has a different opinion that reading surah al-Fatihah is one of the pillars of prayer, if the mushalli cannot read it, then the substitute/badal, the mushalli may read the surahs that he can whose letters are not less than the number of letters in sura al-Fatihah.
KONTRIBUSI HASAN HANAFI DALAM KAJIAN USHUL FIQH
Authors: Mashduqi Muhammad Anis
Published: December 2022

Hasan Hanafi is an expert on Islamic law who had the idea of reconstruction usul fiqh. Min Al-Nash ila Al-Waqi, written by him as the reconstruction effort, continuing the spirit of creativity, Al-Risala, Al-Mushtashfā and Al-Muwāfaqāt. Min Al-Nash ila Al-Waqi' written to undermine the claims of Islamic law to disappear the public good (al-mashāliħ al-' ammah). The entire reconstruction project of Hanafi had been referred as a result of application of the phenomenological method. Hanafi called tahlil manhaj al-khabarāt, comparable to manāhij al-ta'wil, manāhij al-nazhar, manāhij al-żauq, manāhij al-tahlil al-lughawī and other methods of classical Islamic creations. Through the philosophy of phenomenology, hermeneutics Gadamerian, Hanafi appreciate the application of the themes and traditions of thought, but in the context of Al-Quran and Al-Sunnah. Hanafi recommends usul fiqh as sacra hermeneutica, the specific case of general hermeneutics. Hanafi, divides methodological-epistemological consciousness of usul fiqh into three-dimensional consciousness; historical consciousness (la conscience historique), eidetic consciousness (la conscience eidetique), and the active awareness (la conscience active). Hanafi finds methodological shift that can be read from configuration changes chapter and logical structure of usul fiqh texts shift. This changes was seen in Al-Mustashfa, work of al-Ghazali (d. 505 H) and Al-Muwāfaqā,t work of Al-Syatibi (d. 790 H).
KEPEMIMPINAN PEREMPUAN DALAM ISLAM PERSPEKTIF MUHAMMADIYAH DAN HIZBUT TAHRIR INDONESIA
Authors: Aminah Aminah
Published: December 2022

Women's issues are always interesting to study, because it is closely related to issues or gender roles. There are two sides of views on the role, which one considers that women only deserve to occupy the role of domestic, the other view assumes that women have the same rights as men, including acting in the territory, including the head of state. Regarding gender, the Muhammadiyah and the Hizb ut-Tahrir Indonesia also get respond. Both religious social organizations are very different in voicing his views. Based on the story of the queen of Saba located on an Naml letter, and some letters in the al-Qur'ân which explains the equality between men and women, Muhammadiyah confirms the permissibility of women became heads of state. Muhammadiyah also critizied hadith of Abu Bakr who demonstrated unpermissibility of female leading. According to the hadith Muhammadiyah has seen in contextual interpretation, so the hadith can not be generalized. Unlike Muhammadiyah, Hizb ut-Tahrir Indonesia (HTI) actually makes the narratives of Abu Bakr as the basis for banning women became heads of state. Based on the principle of al-'ibrah bi umu>mi al-lafz}i La> bi khus}u>s as-saba>b, HTI drew the conclusion that the hadith is a general ban is based on general pronunciation is not particularly cause. Therefore, not only for the keharamannya Persian princess, but also to all women.
PENCATATAN PERKAWINAN DALAM KITAB FIKIH DAN UNDANG UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN (PERSPEKTIF MAQA<S{ID SYARI<’AH)
Authors: Sehabudin Sehabudin
Published: December 2022

In order to regulating marriage practices under the hand (Sirri) inIndonesia, the government requires the marriage of two terms: first,materil conditions, namely the conditions that are attached to each ruleof marriage, whether arranged in fiqh or set forth in the statutory.Second, the administrative conditions, namely the conditions relatingto the registration of marriage. Registration of marriage was arrangedin article 2 paragraph (2) of Indonesian Marriage Law No. 1/1974,while the registration procedures of marriage was arranged in GovernmentRegulation No. 9/1975. Regulation of registration of marriage has causedcontroversy among legal experts in Indonesia. This controversy causedby the interpretation of article 2 paragraph (1) and (2) of IndonesianMarriage Law, on the other hand, due to different interpretations of theconcept walimah and Surat al-Baqarah (2): 282. Based on the analysisof Maqasid ash-Shari’ah, registration of marriage that written in thebook of fiqh implicitly, while the UUP written explicitly, is very suitablefor the purpose of Islamic Shari’ah, because it can preserve and protectreligion, life, intellect, lineage and property before the law. Thus, thebenefit of the household (family harmony and eternal) can be achieved.
HUKUM, EKONOMI DAN KESEJAHTERAAN: Telaah Yuridis atas Dinamika Pengaturan dan Implementasi Pasal 33 UUD 1945
Authors: Basuki Udiyo
Published: December 2022

The emergence of a school economic in the world will always be associatedwith the school of economic that have developed previously, so is thepattern of the Indonesian economy. Fierce struggle of capitalism andsocialism gives a significant influence toward Indonesian economicideology. Pancasila as the foundation of economic nation, through thedialectical process raises three kinds of terms that is the constitution ofthe economy, the economic constitution, and economic Pancasila, the three have the same phrase with a different meaning. The idea of democracy in economy are listed in UUD 1945 Article 33 paragraph (4) does contain the idea of political democracy as well as economic democracy.That is, the highest authority of the State of Indonesia is the people,both in the field of politics or the economy. Indonesia which has moregive priority to economic growth from economic equality appears to havedifficult times, the economic crisis experienced since mid-2007 has beena fundamental component of economic meluluhlantahkan until economicgrowth rate for 2008 was measured with a minus sign. This conditionindicates that since the signing of the 21st century, Indonesia is notready to face the era of free trade.
KONSEP KELUARGA MASLAHAH DALAM PANDANGAN NYAI MUDA PONDOK PESANTREN ALI MAKSUM KRAPYAK YOGYAKARTA
Authors: Lailata Afida , Ibrahim Malik
Published: December 2022

Marriage is one of the Sunnah of the Messenger and the religious advice.Marriage in the Qur’an referred to as mitsaqan ghalizhan (grandagreement). However, today in most families, the marriage was impressedmerely as a means of getting descent and distribution of sexual libidoor impingement sheer lust. So the role of the family is considered notfunctioning as it should. Therefore, building a maslahah family is acentral element in Islam, because the family unit is the major joints ofsociety. According to the views of young Nyai from Boarding of KrapyakYogyakarta, in building maslahah family is not only a form of support inan effort to mature age of marriage, birth control or guidance of familysupport, but also efforts to improve the lives of the family concerned.There are two things to look for in this article, namely, first, about theconcept of maslahah family by young Nyai from Boarding of KrapyakYogyakarta. Secondly, the Islamic legal review of the concept of maslahahfamily in view of young Nyai from Boarding of Krapyak Yogyakarta.This paper is a research field with normative juridical approach. Whereis the primary source was obtained through interviews with three younghousekeeper at boarding school Krapyak Yogyakarta in 2013.
RIBA DALAM AL-QURAN: SEBUAH KAJIAN ANTROPOLOGIS
Authors: Dkk. Ahmad Muzhaffar
Published: December 2022

This article examines the concept of riba in the Qur'an. It was conducted by reviewing the texts of the Koran which speak of usury and explore the practice of usury in Arab society at the time of the Qur'an was revealed. Al-Quran through the teachings contained in it trying to organize traditions prevailing in Arab society. In this case, there are three stages that used by the Qur'an in the process of structuring the tradition, namely the adoption, adaptation, and integration. In the first stage (adoption), the Qur’ran pay attention traditions already in force as well as practice in the life of Arab society. at this stage, sometimes Qur'an appreciate the traditions of Arab society, but sometimes criticize or even question the existence of the tradition of the Arab community itself. While the adoption phase generally begins with a dialogue about the benefits and unbenenif of tradition. The integration phase is done by growing social awareness of Arab society against their own habit. If the observed association (absurd) between verses usury with those before and after, then it can be known that usury is the antithesis to charity. In charity, the rich gave most wealth to sympathize needs of the poor and the indigent, the usury contrary, retrieve, exploit, and even the "plunder" the wealth of the poor and needy unjustly. The approach used in the Koran eliminate the practice of usury is timely as the theological-sociological approach. Theological approach carried out by the Qur'an to test the quality of the faith of a Muslim so that they are still committing usury will not be penalized. While the sociological approach is done by introducing the concept of zakat and sadaqah for better maintain social order.
KHIMAR DAN HUKUM MEMAKAINYA DALAM PEMIKIRAN M. QURAISH SHIHAB DAN BUYA HAMKA
Authors: Rizki Wahyu Fahrul
Published: December 2022

This paper is motivated by the opinion M. Quraish Shihab in his Tafsir Al-Misbah who do not require a Muslim woman wearing Khimar, this opinion is getting a variety of conflicting reactions among the interpreters of Indonesia, one of which is Buya HAMKA. What needs to be answered in this research is how the views of Buya HAMKA and M. Quraish Shihab about the meaning of Khimar? How did the views of Buya HAMKA and M. Quraish Shihab regarding the law of using Khimar? And how are the methods used by Buya HAMKA and M. Quraish Shihab in establishing the law using Khimar?Tafsir Ahkam Method with a comparative study between the two opinions of the character in this study implies that both interpreters have similarities and differences associated with the Khimar. Their equation is in defining the meaning of the word Khimar, ie the headgear, although both give the same definition of Khimar. While the difference between the two is in concluding the law of using Khimar. Buya HAMKA said that a Muslim woman must wear Khimar, while M. Quraish Shihab said that a Muslim woman is not obliged to wear Khimar. The method used by Buya HAMKA in establishing the law using Khimar is the Tafsir Riwayah and Dirayah method. While M. Quraish Shihab using the method of tafsir maudhu'i (thematic).
KESENJANGAN KETENTUAN PERNIKAHAN DI BAWAH UMUR ANTARA FIKIH MUNAKAHAT DAN UU NO. 1 TAHUN 1974 TENTANG PERKAWINAN
Authors: Halim Abd. , Hamsin Muhammad Khaeruddin
Published: December 2022

Since the Dutch Government has divided the Dutch East Indies into three groups, namely the European and the ecquivalent to European, the Indigenous and the Far Eastern groups, since then the Civil Law applies to different classes. In the field of marriage, for example, each group has its own marital law. So the law of marriage prevailing in society is pluralistic. As a result, the gap between the legal system can not be avoided. The Marriage Act was born as an attempt to minimize the legal gap, but in reality, even though it has been in force for about three decades of legal gap in the field of marriage, there are still many of them being minors. This paper aims to explain why there is still a gap between the provisions of the underage marriage in Fikih Munakahat and the UUP and offer resolution resolution using LM's legal system theory. Friedman, an alternative policy introduced by Soetandyo Wignjosoebroto and the law of harmonization introduced by L.M. Gandhi.
PERLINDUNGAN KONSUMEN MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN DAN HUKUM ISLAM
Authors: Rindani Liantika Rizky
Published: December 2022

Consumers are often aggrieved parties in various fields, whether in health care, economic transactions, transportation services, as well as freight forwarding services. To minimize this, pemeritah has issued a law guaranteeing the rights of consumers, namely Law No. 8 of 1999 on Consumer Protection. With the existence of this law then any aggrieved consumers are given the right to claim damages to the party that had led to the losses. However, in practice, not all agencies providing services to consumers have applied this law to the fullest. In this context, PT Pos Indonesia (Persero) Merjosari Malang is one example. Here, PT Pos Indonesia Merjosari Malang has indeed enacted and applied this law; In the sense that the postal party has assigned its responsibility to the consumer by providing compensation for the loss suffered by the consumer. However, the accountability of the post to the consumer looks not maximized, because there are still consumers who can not claim losses suffered. Thus the responsibilities made by the postal entities do not fully comply with the laws of consumer protection as well as Islamic law
MAQASID SYARIAH DAN PEMBANGUNAN HAK ASASI MANUSIA
Authors: Kurniawan Robby
Published: December 2022

Human rights, must be recognized, is a term that still debated in Islamic studies until now. This stems from the repetition statements: Human Rights (UDHR) are not born from the womb of Islam. This article attempts to find a way out of the complexity of the debate, with questions; How to build a conceptual relationship between sharia, as the concept of Islamic law, with Human Rights? The question about "relation" is more significant than "imposing" the concept of human rights on the concept of sharia. In order to create these relationships, the first thing to do is to realize that each term is a separate concept, which has its own basic deception as well. Instead, both have in common with each other. Such is the benefit and the essence of life. This point of commonality becomes a bridge that allows them to complement, and build, each other. This is where the maqasid shariah becomes inevitable in the study of Islam. Itbecomes the explanation of the connectedness of Islamic studies with other concept, in this case, Human Rights. The explanation aboutmaqasid shariah in this article is limited to the concept of maqasid Jasser Auda and Abdullahi Ahmad an-Naim. The first name is closely aligned in contemporary maqasid discourse with the system approach. While the second name, although not classified on the Maqasid figure, but has an important viewof the prospects of sharia progress.Auda offers optimization of cognition features; wholeness; openess; interelated hierarchy; multidimensionality, all of which are connected in purposefullness features. Along with that, an-Naim advocated an emphasis on the need for universal verses of Makkiyah adopted in Islamic law, other than Madaniyah. He also said, public reason is an important keyword that should not be forgotten by the law and policy formulator. In establishing the conceptual relationship between shariah and human rights, the concepts of Auda and an-Naim will be used to read three important aspects of sharia, namely, definition, source reading method, and ijtihad process to discover the truth of the law. The conclusion is that the conceptual relationship between the two can only be built by emphasizing three main points, they are 1) Changing the concept of sharia closed to the concept of open sharia with the discourse of contemporary; 2) Increase the sources of Islamic law which will be used by the Mujtahids, by input the human values as one of the things that must be considered and inspired in arrange legal products; 3) The sources of sharia should be read in such a way as to take into account the aspect of the human istidrak which cannot be detached from it.
MENGGALI MAKNA ASAS LEGALITAS DAN PERKEMBANGANNYA DI INDONESIA
Authors: Tahir Ach,
Published: December 2022

The principle of legality is a very fundamental principle in Positive Criminal Law and Islamic Criminal Law. The Indonesian Criminal Code Bill recognizes the principle of material legality (not absolute), so the consequence, even though it is not regulated in the legislation, is that someone's actions deserve to be punished. A person can be punished by referring to the law that lives in society. The principle of legality in positive law can actually be deviated, provided that the criminal act threatens order and security. In Islamic Criminal Law, the principle of legality can also be deviated with a note that it threatens public order and security
HUKUM BADAL HAJI MENURUT PANDANGAN MAJELIS TARJIH DAN TAJDID MUHAMMADIYAH DAN LAJNAH BAHTSUL MASAIL NAHDLATUL ULAMA
Authors: Makrus A.
Published: December 2022

Islam provides dispensation for those who have not been able to meet these requirements not to perform the pilgrimage. Anyone who does not fulfill one of the pre-determined requirements, namely Islam, is reasonable, mature, independent, and capable, is not obliged to perform the pilgrimage. However, it is different with people who have been sick or died before having time to perform the pilgrimage in this case there is a difference of opinion among scholars. People who are sick or die and have more assets but are physically incapable of performing Hajj are replaced by other people called Badal Hajj. The Muhammadiyah Tarjih and Tajdid Council and Lajnah Bahtsul Masa'il Nahdlatul Ulama' differ in their views on the legal issue of hajj. The Tarjih Council and the Tajdid Muhammadiyah in their decision allowed Badal Hajj, because it adhered to the Hadith of the Khas'am tribe narrated by Ibn Abbas ra which stated that by delegating his pilgrimage to his children or relatives, he had to fulfill the mandatory Hajj requirements. Meanwhile, Lajnah Bahtsul Masail Nahdlatul Ulama decided on the permissibility of making other people's pilgrimages. The istinbat method always uses the opinions of previous scholars, so that the decisions are relevant to the opinions of previous scholars in their classical works. Lajnah Bathsul Masa'il Nahdlatul Ulama does not provide a limit on the badal of Hajj, and a person has the right to make another person's pilgrimage even though he is not from the family and must meet certain conditions, namely that he has performed Hajj first.
KEBUTUHAN MANUSIA DALAM PEMIKIRAN ABRAHAM MASLOW (TINJAUAN MAQASID SYARIAH)
Authors: Muazaroh Siti , Subaidi Subaidi
Published: December 2022

Berbicara tentang manusia, tentu tidak cukup melihat dari sisi lahiriyah saja. Jauh lebih dari itu adalah sisi bathiniyahnya. Kedua wilayah ini sangat perlu diperhatikan guna mencapai kebahagian hakiki manusia yaitu dunia dan akhirat. Hal yang mendasar berkaitan dengan manusia adalah tentang kebutuhannya. Tulisan ini membahas bagaimana kebutuhan manusia menurut Maslow jika dilihat dari perspektif maqasid. Lebih lanjut akan dikomparasikan dengan pemikiran Al-ghozali yang sudah lebih dahulu ada. Hasilnya adalah Pertama, perbedaan paling mendasar antara kedua tokoh tersebut adalah tentang mana yang lebih dahulu dipenuhi (Maslow) atau mana yang harus dilindungi (Al-ghozali). Kedua, sesuai dengan basic penelitian Maslow yang berdasar pada rasio, empiric dan naluriah (ilmiah), bertepatan dengan kondisi pasca Perang Dunia II, Ia menekankan teorinya pada kebutuhan fisik manusia yang harus diutamakan dibanding kebutuhan lainnya. Sedangkan Al-ghozali dengan pendekatan tasawufnya, yang bersumber dari nash-rasio dengan latar belakang adanya krisis spiritual pada saat itu, menekankan perlindungan agama sebagai satu hal yang paling utama. Sebab, menurutnya, puncak dari maqasid syariah yang berupa maslahah adalah menjaga tujuan-tujuan syara’. Dalam hal ini adalah agama. Ketiga, Maslow menekankan puncak kebutuhan manusia adalah aktualisasi diri yang lebih bersifat individual dan materialistik. Sedangkan Al-ghozali adalah maslaha am (Kesejahteraan umum). Terlepas dari beberapa perbedaan tersebut,  Keduanya memiliki satu persamaan bahwa setiap manusia hakikatnya memiliki potensi dan nilai yang luhur untuk mengembangkan diri menjadi lebih baik.
Keadilan Gender dalam Kewarisan Islam: Kajian Sosiologis Historis
Authors: Kususiyanah Anjar
Published: December 2022

This study aims to examine the justice toward women in Islamic inheritance system with a historical-sociological approach. The research method used in this research is descriptive qualitative research as an effort to understand the concepts found in a research process, using content analysis techniques and library research. From this research, it is found that according to the sociological-historical approach, the inheritance of women in Islam is not initially regulated and only applies based on customs. In pre-Islamic times, women did not have inheritance rights, even as inheritance for their closest men. that the revelation of the verse regarding Islamic inheritance did not just appear, but as a response to traditions and problems in pre-Islamic Arab society. The provision for the distribution of inheritance 2:1 is not a courtesy and universal provision. This provision cannot justify that the text is clear. The right or wrong of this provision must be measured to what extent it reflects the value of justice and equality as muhkam and universal principle. The inheritance verse makes the Arab community aware that women are not objects of inheritance; but, instead inheritance subjects like men who have the right to inherit and be inherited. So that the verse about inheritance in Q.S. An Nisa (4): 11-12, this is an effort to improve the position of women in society by adjusting the sosial conditions of society according to the era so that the distribution of inheritance 2:1 is not justice, if, it is synchronized with the current sosial phenomena.
Analisis Ijtihad Hukum Membayar Zakat Fitrah dengan Uang Menurut Yusuf Al-Qaradawi dan Wahbah Az-Zuhaili
Authors: Matien Nail Fadhel
Published: December 2022

This article defines the difference of ijtihad method used by Yusuf Al-Qaradawi and Wahbah Az-Zuhaili in the legal status of the permission of zakat fitrah payment with money. This article is a qualitative research using data sourced from literature. The data obtained are analyzed using a descriptive-comparative approach. This article shows, that according to Wahbah Az-Zuhaili, based on the jumhur opinion, zakat fitrah must be paid in accordance to the existing text. Meanwhile, Yusuf Al-Qaradawi argues that the payment must be flexible by considering aspects of the benefits that will be received by the poor. Methodologically, Wahbah Az-Zuhaili used qiyās as used in the asy-Syafi'i school. Meanwhile, Yusuf Al-Qaradawi, used the method of Intiqā'i and Insyā'i. This method is used to compare the opinions of scholars, then rated by the aspect of al-muqāranah wa al-muwāzanah. One of the reasons for the determination of staple foods, is, that in ancient times, the use of money as a transaction tool was not popular as it is today. The ever-changing currency value will certainly makes Islamic law (zakat al-fiṭr) not adaptive. However, the value of the benefits of money at this time, can be equated with the benefits of foods in ancient times.
The Fatwa of MUI on Gafatar from The Perspectives of Farid Esack and Jacques Derrida
Authors: Dardiri Muhammad Hudan
Published: December 2022

This article discusses the controversies emerged as a result of the the MUI Fatwa on Gafatar. The data of this article is gathered through series of literature review, and is analysed using descriptive analysis method. The aim of this study is, to examine the MUI fatwa from the perspectives of Farid Esack’s hermeneutic liberation and Derrida’s concept of deconstruction. The comparative between liberation hermeneutic and deconstruction on dissecting Gafatar heretical fatwa which is issued by the Indonesian Council of ‘ulama  (MUI) are purposed to see how different views can just happen among the society. As one of the citizen of the big heterogeneous nation (Indonesia), it is important to understand well those differences among people in order to have the wise respond toward those  differencences. This study shows that Gafatar does not expect the liberation of discrimination, but, Gafatar actually destructs the teaching of Islam; Gafatar’s teachings opposed Esack’s hermeneutical keys;Gafatar is a mere organization that wants to interpret Islam in a different way of interpretation which purposed to fulfill the willingness of freedom from God’s commands; from the perspective of Derrida’s deconstruction theory, MUI gain a domination of truth in interpretation of al-Qur’an which close other’s interpretation.
Heart Failure as the Initial Clinical Manifestation of Becker Muscular Dystrophy in an Adult
Authors: Del Rio-Pertuz Gaspar , Morataya Cristina , Ratheal Kelly , Rios Steven R. , Sethi Pooja , Argueta-Sosa Erwin
Published: December 2022

Congestive heart failure is an uncommon initial presentation for dystrophin-deficient muscular dystrophies. Cardiac manifestations may appear in late disease stages, although they classically present after musculoskeletal symptoms develop. This case report describes a patient who presented with heart failure and was newly diagnosed with Becker muscular dystrophy. The objective is to recognize Becker muscular dystrophy as a potential cause of dilated cardiomyopathy in young patients, even in the absence of clinically overt musculoskeletal symptoms.
Barreiras e facilitadores na inclusão de pessoas com deficiência na educação superior: O ponto de vista dos estudantes
Authors: Wuo Andrea Soares , Paganelli Bruna Tamara Suzane
Published: December 2022

O presente artigo tem por objetivo identificar as barreiras e os fatores facilitadores relacionados ao processo de inclusão de pessoas com deficiência na Educação Superior, a partir do ponto de vista dos estudantes que vivenciam tal realidade. Para atingir o objetivo, foi realizada pesquisa bibliográfica e entrevistas semiestruturadas com dois estudantes matriculados em uma instituição de Educação Superior pública do município de Blumenau-SC. O levantamento bibliográfico nas bases de dados da Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES), do Banco Digital de Teses e Dissertações (BDTD) e da ScIELO (Scientific Eletronic Library Online) resultou em 25 pesquisas. Os resultados foram analisados mediante análise do conteúdo e indicaram que, tanto na literatura como nas entrevistas, as barreiras arquitetônicas, pedagógicas, tecnológicas ou atitudinais são mais evidenciadas do que a acessibilidade, que ainda se encontra incipiente tanto na Instituição de Educação Superior pesquisada, como nas universidades de modo geral, conforme a literatura analisada.
COMPLAINTS AS SUSTAINABLE ECOSYSTEMS SERVICES OF CO-CREATION VALUE
Authors: Carvalho Margarida
Published: December 2022

Complaints are, nowadays, a pressing and topical issue in the management of organizations. The purpose of this paper is investigate the complaints in a ecosystem approach to understanding the impact of the relationships, A4A, in the interconnected territories of collaborative strategy. Complaints are potential constructs that promote opportunities of co-created value. Complaints are the engine to make grow any responsible organization and to include actors to generate collaborative value constructed. With the proliferation of the use of new communicational tools, especially in social networks, in this new pandemic context, the role of the client is not limited to just being an actor. They are required to be a dynamic actor, to play an active and constructive role, to be a true co-creator of value, a promoter of new visions and an innovator of new practices in the service context as a systemic network. The relationships constellations A4A, the experiences, and the emotions involve value cocreation and collaborative strategy. Envision a new approach on people centricity (actor, client, stakeholder and supplier) perspective and not on the supplier's perspective by having the actor intervene in all phases of the relationship with the ecosystem. The topic is sustained by theoretical analysis and conceptual development of complaints and co-creation value supported by the S-D Logic (SDL) and Viable System Approach (VSA), Service Experience, Service ecosystem and Service interactions. One of the limitations of this study results from the lack of practical applicability in a service experience context, which surely would have been very relevant for us to obtain core inferences regarding the inclusion of complaints in an A4A management system. Future empirical research to open new strategic position of organizations in order to promote innovation and to maximize value co-creation in an ecosystem service.
FORMAÇÃO E COMPETÊNCIAS PROFISSIONAIS PARA A DOCÊNCIA NA EDUCAÇÃO BÁSICA
Authors: Mesquita Elza , Sanches Angelina , Freire-Ribeiro Ilda , Ribeiro Céu
Published: December 2022

O presente artigo centra-se na discussão da formação inicial de educadores de infância/professores e das competências a desenvolverem para que melhor possam envolver-se na construção de uma educação básica de qualidade. Consideramos que a competência se manifesta na articulação de três elementos essenciais, nomeadamente o saber-agir que pressupõe o saber mobilizar e combinar recursos em contexto real, o querer-agir estando este intrinsecamente conexo à motivação e o poder-agir que se sustém na e em ação. O estudo desenvolvido, de caráter exploratório, teve como principal objetivo averiguar a perspetiva de futuros educadores/professores que se encontravam, no ano letivo 2020/2021, a frequentar o curso de Mestrado em Educação Pré-escolar e Ensino do 1.º Ciclo do Ensino Básico numa escola superior de educação do nordeste de Portugal, sobre a importância atribuída a um conjunto de competências, envolvendo as dimensões interpessoal, metodológica, comunicativa, de planificação e gestão da docência, de trabalho em equipa e de inovação que podem ajudar a configurar um perfil de competências profissionais para a docência. Como instrumento de recolha de dados aplicou-se um inquérito por questionário constituído por questões iniciais em que se pretendia obter as características dos entrevistados e, numa outra secção, organizou-se um bloco formado por questões fechadas e abertas com um tema homogéneo. Para a análise dos dados das questões fechadas recorreu-se a métodos estatísticos [Statistical Package for the Social Sciences IBM (SPSS) 23]. Os resultados apontam para uma maior valorização de elementos associados às competências comunicativa, inovação e interpessoal.