bluuebunny/crossref_metadata_2025_split huggingface dataset:
ANALISA KINERJA PERUSAHAAN DAN TRANSAKSI INVESTOR SAHAM BANK SYARIAH PASCA MERGER TERHADAP IHSG
Authors: Widiarma In'am 
Published: July 2022

Abstract: The potential of the Islamic capital market in Indonesia is still very large and it is still possible to continue to experience growth and develop into one of Indonesia's economic instruments that supports development carried out by the government and the private sector. The purpose of this study was to determine the effect of the stock performance of Bank Syariah Indonesia before and after the merger of the three government-owned Islamic banks, namely Bank BNI Syariah, Bank BRISyariah and Bank Syariah Mandiri, merging into one using the stock code BRIS. The research method used is data collected primary and secondary, data analysis techniques are carried out using paired t test and simple linear regression test using SPSS version 23 software. This analysis includes three things, namely to determine the performance of Islamic bank shares, transactional stock investors Islamic banks and the financial performance of Islamic banks affect the JCI movement. The results of the research from the data obtained that the fundamental aspect does not really affect stock movements, but news related to strategic policies such as mergers makes the euphoria of positive news sentiment that affects the increase in share prices of Islamic banks.Keywords: Merger; Islamic Bank; Capital Market.Abstrak: Potensi pasar modal syariah di Indonesia masih sangat besar dan masih memungkinkan untuk terus mengalami pertumbuhan dan berkembang menjadi salah satu instrumen ekonomi Indonesia yang membantu pembangunan yang dilakukan pemerintah maupun swasta. Tujuan penelitian ini untuk mengetahui pengaruh kinerja saham Bank Syariah Indonesia sebelum dan sesudah merger dari ketiga Bank Syariah milik Pemerintah yaitu Bank BNI Syariah, Bank BRISyariah dan Bank Syariah Mandiri, penggabungan menjadi satu dengan menggunakan kode saham BRIS. Metode penelitian yang digunakan adalah data dikumpulkan secara primer dan sekunder, teknik analisis data dilakukan dengan menggunakan uji paired t test dan uji regresi linier sederhana dengan menggunakan software SPSS version 23. Analisa ini mencakup tiga hal yakni untuk mengetahui kinerja saham bank syariah, transaksional investor saham bank syariah dan kinerja keuangan bank syariah mempengaruhi pergerakan IHSG. Hasil penelitian dari data yang didapat bahwa aspek fundamental tidak terlalu mempengaruhi pergerakan saham akan tetapi berita terkait kebijakan strategis seperti merger menjadikan euforia sentimen berita positif yang mempengaruhi peningkatan harga saham bank syariah.Kata Kunci: Merger; Bank Syariah; Pasar Modal.
Cancellation of Marriage due to Negligence and Legal Consequences
Authors: Sanusi Ahmad , Somawinata Yusuf , Anwar Khoirul , Jamaluddin Jamaluddin , Rahman Arif 
Published: July 2022

Menurut Undang-Undang Perkawinan seseorang yang akan melangsungkan perkawinan haruslah memenuhi syarat-syarat dan rukun-rukun dalam agama dan kepercayaan masing-masing serta syarat administratif yang dibutuhkan. Dalam hal ini, proses pencatatan nikah yang sudah ditentukan terkadang diabaikan, hingga akhirnya tidak tertutup kemungkinan perkawinannya batal atau dibatalkan. Pembatalan perkawinan merupakan pembatalan hubungan suami isteri sesudah dilangsungkannya akad nikah, suatu tindakan pembatalan yang dilakukan oleh peradilan agama mungkin terjadi, apabila para pihak tidak memenuhi syarat-syarat untuk melangsungkan perkawinan, demikian dikatakan dalam pasal 22 Undang Undang No. 1 tahun 1974 tentang perkawinanPenelitian akan menganalilsis putusan pembatalan perkawinan dan akibat hukumnya di Pengadilan Agama Pandeglang. dengan menggunakan metode content analisis. hasil penelitian ini adalah bahwa majelis hakim mengabulkan permohonan pembatalan perkawinan dengan pertimbangan hukumnya dan adanya halangan perkawinan karena disebabkan bertentangan dengan prinsip perkawinan yaitu asas monogami. Penyebabnya adalah adanya kelalaian Pemohon sebagai PPN dan adanya rekayasa Termohon I dan Termohon II dalam melampirkan syarat-syarat administrasi pernikahannya, sehingga terjadinya pernikahan ketika Termohon I masih memiliki isteri yang sah secara hukum. Dari pembatalan perkawinan tersebut dapat menimbulkan suatu akibat hukum terhadap anak yang dilahirkan, dan harta kekayaan yang ada selama perkawinan itu berlangsung, dan juga pihak ketiga.Secara prinsip, akibat putusan pembatalan perkawinan tidak boleh merugikan pihak manapun juga. Sehingga, pembatalan perkawinan tidak mempunyai akibat hukum yang berlaku surut terhadap kedudukan anak dan pihak ketiga
The Arabic Language Contribution to The Istinbāṭ in Islamic Law of Acehnese Scholars
Authors: Muslim Buhori , Wildan T. , M. Saman Syarifuddin , Sufyan Nurchalis , Mawar Sitti 
Published: July 2022

This article discusses the contribution of the Arabic language to the istinbāṭ in Islamic law of Acehnese scholars. The purpose of this journal is to identify the contribution of the Arabic language to the practice of Islamic law. This research is qualitative research using the descriptive analysis method by describing and identifying the influence and contribution of the Arabic language on Islamic legal istinbāṭ among Acehnese scholars. The results of the findings of this study indicate that the primary sources for performing Islamic legal istinbāṭ are the Qur’an, hadīṡ, ijmā‘, and qiyās, all of which are written in the Arabic language. Importantly, the Arabic language greatly contributes to legal istinbāṭ among Acehnese scholars, the more a cleric understands the Arabic language, the easier it is to practice law, and it is important for scholars to master the Arabic language and its literature, such as balaghah, ma‘āni, badi‘, bayān, majāz, nahwu, and sharf because to understand the Arabic language is the inseparable and correlated understanding between sciences which is an integral unit, so that if a scholar performs Islamic law istinbāṭ but does not understand the Arabic language sciences, the legal fatwa he issued will be doubted.
The Legal Position of Children of Incest (A Study of Madhhab Scholars and Compilation of Islamic Law)
Authors: Djawas Mursyid , Achyar Gamal , Bustanul Arifin Nusyirwan , Reza Masri , Umar Yakub Baharuddin 
Published: July 2022

This study aims to discuss the legal position of children of incest, the opinions of madhhab scholars, and the provisions on inheritance rights of children of incest according to Islamic law. This normative legal study used the Islamic law methodological approach (ushul fiqh) and the legislation/ statute approach. The data were obtained through a literature review of the laws or legal rules. The results of the study revealed that the legal position of children of incest in Islamic law is in terms of civil matters (i.e., lineage/blood relations) between the children and the parents. The children only establish lineage ties with their mothers and their maternal families. Further, the madhhab scholars Imam Malik and Imam Shafi’i argue that adultery does not produce legal descendants, and therefore, the children are not related to the male adulterer but to the female, as they are born from an illegitimate relationship. In addition, Imam Hanafi and Imam Hanbali state that it is forbidden for a man to marry the daughter born of his adultery, as she is equal to his legitimate daughter. This is the view of the majority of madhhab scholars. In the case of the inheritance rights of children of incest, the children can only get an inheritance from their mothers and the maternal families, apart from the lineage, guardianship, inheritance, and livelihood rights. However, al-Jaziri, a contemporary scholar, views that children of incest are still legitimate children whose lineage and inheritance are still related to both father and mother.
Legal Protection and Family Resilience of Women Victims of Post-Peace Conflict in Aceh: A Study of Gender Approach
Authors: Abdullah Munawiah , Jannah Miftahul , Kamsani Siti Rozaina , Mamat Rashidah Binti , Rambely Nor Azlah Sham Binti , Ariffin Nurhazlina Mohd 
Published: July 2022

This study seeks to examine the legal protection and resiliency of the families of Aceh's female victims of post-peace conflict. From the outbreak of war to the end of hostilities, women have been the most affected group. This study is qualitative research employing an ethnographic methodology and analyzing the data from a gender perspective. The ethnography was conducted in three different locations: Nagan Raya, Pidie, and North Aceh. Utilized data collection methods include interviews, observation, and literature review. According to the findings of the study, the government has given legal protection to female victims of armed conflict in a variety of ways, including the establishment of a legal umbrella, the creation of special institutions, the provision of support, and thorough rehabilitation. Even though this is not evenly divided, it is vital for institutions, particularly those that care for orphans, to engage in gender-sensitive, sustainable management, and collaboration. The struggle has a significant impact on the psychological, physical, economic, social, and cultural demands of women, as well as the future of their children. Despite the fact that the conflict impacts family resilience owing to the death of family members and economic hardship, from a gender perspective, families can survive and even thrive in the face of life's difficulties. The majority of them come to accept the catastrophe, and their psychological pain is exacerbated by their religious beliefs. Although others have not been able to accept and find it difficult to forget the trauma of the conflict that has occurred.
The Construction of Inheritance Law Reform in Indonesia: Questioning the Transfer of Properties through Wasiat Wājibah to Non-Muslim Heirs
Authors: Zubair Asni , Latif Hamzah , Hariyanto Al Furqon Dono 
Published: July 2022

This article examines the construction of inheritance law reform in the transfer of properties through wasiat wājibah to non-Muslim heirs. Questioning the jurisprudence of the Supreme Court which makes wasiat wājibah as an alternative in giving inheritance rights to heirs who are prevented from getting an inheritance due to religious differences (non-Muslims). This study is an empirical legal study that examines the decisions of the Supreme Court relating to the transfer of inheritance to non-Muslims. The study concludes that in terms of inheritance law reform is an alternative in changing Islamic law that must be carried out in response to changes in community social conditions. The construction of inheritance law reform in judicial decisions has formulated inheritance law by giving inheritance rights to heirs of different religions (non-Muslims) by means of wasiat wājibah . The jurisprudence of the Supreme Court of the Republic of Indonesia has expanded Article 209 of the Compilation of Islamic Law by adding parties who can receive a wasiat wājibah, including heirs who are prevented from inheriting due to religious differences. The construction of inheritance law reform on the transfer of inheritance properties with wasiat wājibah in the jurisprudence of the Supreme Court of the Republic of Indonesia has exceeded the quantitative limit in granting wasiat wājibah. The impression does not pay attention to the signs in the application of wasiat wājibah by ignoring the maximum limit. Wasiat wājibah as a solution is not unacceptable as inheritance law reform but must still guide the legal media used by considering the basic rules that surround it.
The Women’s Rights in Divorce and Gender Equality Discourse in The Dynamics of Divorce in Madura
Authors: Maimun Maimun 
Published: July 2022

This study investigates the dynamics of divorce in Madura and women's rights in divorce from a gender perspective. There are three main issues addressed in this study, those are the dynamics of divorce in Madura, women's rights in divorce, and gender equalities. This study is field research with a qualitative approach. The data used comes from primary data and secondary data. By conducting an in-depth analysis based on the sociological theory of gender, particularly Talcott Parson's theory of structural feminism, this study found some findings; firstly, the number of divorces, either from talaq divorce or judicial divorce, in Madura in the last five years has increased. This is because of the decline in ethics such as polygamy without the permission of the first wife, the low-income factor, the presence of a third party either due to parental interference or infidelity with other people, and disharmony due to disputes and differences of opinion; secondly, the number of divorce cases in Madura in the last five years has been dominated by judicial divorce rather than talaq divorce. In 2021, the percentage of judicial divorce compared to talaq divorce is around 73.04% to 26.96%, meanwhile, in 2020, this ratio was only 25.49% to 74.51%. Besides, in 2019, this was about 67.63% to 32.39%, in 2018 it reached 64.23% to 35.77%, and in 2017 it was about 67.18% to 2.82%; thirdly, the phenomenon of increasing divorce by law in Madura indicates that there has been a shift in perception among women about the meaning of divorce, as a response to the presence of legislation that provides room for legitimacy for women to file for divorce. In the perspective of contemporary feminism, the space for legitimacy contains the meaning of gender equality, and the patriarchal culture begins to collapse which has long been attached to the social system of the Madurese community.
Reform on The Marriage Age Limit by Jakarta Women's Health Organizations in Maqāṣid al-Syarī‘ah Perspective
Authors: Kamarusdiana Kamarusdiana , Farohah Naili 
Published: July 2022

This study aimed to determine the factors of child marriage and the age limit for marriage in the legislation and to analyze the arguments of Yayasan Kesehatan Perempuan in opposing and preventing child marriage cases through a judicial review of the Marriage Law at the Constitutional Court in terms of maqāṣid al-syarī‘ah. The research method used in this research is normative legal research, which aims to examine legal principles and written legal sources. The primary data source was obtained from the arguments of Women's Health organizations in the trial process at the Constitutional Court Number 30-74/PUU-XII/2014. Data which was analyzed in the study was collected through observation and interviews. The results of this study proved that the factors causing child marriage in Indonesia are mostly due to poverty, low level of education, conflict in the household, community traditions and religious understanding such as efforts to avoid adultery as well as unfavored environmental factors. Prevention of child marriage carried out by the Women's Health Foundation is in accordance with the objectives of maqāṣid al-syarī‘ah which include religious maintenance, offspring maintenance, soul maintenance, mind maintenance and property maintenance.
Reflections of Contemporary Islamic Law to The Spirit Doll Phenomenon; A Sadd Al-Żarī'ah Perspective
Authors: Bakry Muammar , Ilham M. , Musyahid Achmad , Mundzir Chaerul , Ramli Arif Rahman 
Published: July 2022

People are restless in the wake of the growing popularity of spirit dolls in recent years. Contemporary Islamic legal clarity is required when determining whether the spirit doll phenomenon is true or false. The purpose of this article is to respond to a study of contemporary Islamic law concerning the spirit doll phenomenon that has alarmed the public. This is a qualitative study that takes a socio-normative approach. Sadd al-żarī'ah is used as a method for tracking (istinbat) Islamic law. The study's findings revealed that people caring for spirit dolls were motivated by a lack of faith and knowledge, dynamism and animism, as well as hedonism. According to Islamic law's teachings, the spirit doll phenomenon is forbidden and must be abandoned. Ulama gathered in South Sulawesi Province's Indonesian Ulema Council (MUI) and agreed to prohibit this phenomenon. The implication is that the spirit doll is manifested in every person whose physical body has a shadow or is physically shaped like a human or animal statue. It is, however, prohibited or permitted for girls' toys only. It is hoped that Muslims will avoid practices that could jeopardize religious values by abstaining from the use of spirit puppets.
Criminal Acts in Completing Early Marriage Requirements: Tuku Umur Practices in Islamic Communities in Central Java, Indonesia
Authors: Ismawayati Any , Ngazizah Inna Fauziatal 
Published: July 2022

The goal of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 Concerning Marriage is to reduce the high rate of early marriage because it violates the rights and development of children. In fact, the rate of child marriage in Indonesia is rising. This circumstance raises the question of whether or not the current regulations are effective. This study seeks to determine the extent to which the Islamic community in Central Java understands the significance of the age limit for marriage. This study also determines why the Islamic community in Central Java prefers "Tuku umur" to fulfill the requirements for early marriage and to determine whether "Tuku umur" constitutes a criminal act. This research employed a juridical-sociological approach with complementary data, namely the distribution of information through interviews with informants in response to several question indicators indicated in the discussion. According to the findings of this study, the Islamic community of Central Java has not fully grasped the significance of the age limit for marriage; hence they tend to disregard these regulations. This study reveals that some Muslim communities in Central Java prefer to practice the "Tuku umur" to fulfill the conditions for early marriage since it is simpler than seeking a marriage dispensation. In addition, the findings of this study imply that "Tuku umur" is a criminal act because it contains falsified data. Additionally, Tuku umur is a bribery offense, one of the sorts of corruption.
Sharia Service as An Added Value: Response to Sharia Standard in Hospital Service
Authors: Maksum Muhammad , Wahyuni Afidah , Farida Ade Rina , Hasanah Latifatul , Fuad Sahlul 
Published: July 2022

The application of sharia principles in business activities and services adds to standard compliance and some of them are trapped in the legalistic formality aspect rather than improving business ethics. In hospitals, which main business is providing health services, applying sharia principles may enhance the added value in health services or just a formal aspect. The purpose of this study seeks to reveal the community's response to the application of sharia standards in hospitals. The study used a quantitative research method, through the distribution of questionnaires to 50 patients and their families in three regional public hospitals; Zainoel Abidin Hospital Aceh, Sultan Agung Hospital Semarang, and Bandung Islamic Hospital, and interviews with the management and sharia supervisory board of the hospital. This study describes descriptively, with a Likert scale approach, to see the response toward the application of sharia standards. The results show that the majority of respondents gave a positive response to the application of sharia standards. Sharia standards are added value services in sharia hospitals. The results of this study is implicated in the management of sharia compliance in hospitals and the need for regulatory support for the implementation of sharia in hospitals.
Islamic Compensation Concept: The Consumer Dispute Settlement Pattern in Indonesia
Authors: Holijah Holijah , Rizal M. 
Published: July 2022

This article aims to explain the compensation concept in Islamic Law by emphasizing consumer law on the development of consumer dispute settlement patterns in Indonesia. In constructing a consumer dispute settlement pattern in demanding compensation to the produces as stipulated in the Law of the Republic of Indonesia Number 8 the Year 1999 concerning Consumer Protection Act, in order to be able to realize the providing Islamic compensation pattern that becomes the basis of the consumer dispute settlement pattern in Indonesia in the future. This research is a juridical normative with a legal approach and conceptual approach as well as a socio-legal approach. The research analysis used the descriptive qualitative analysis method. The results of this study indicate that the importance of the compensation concept in Islamic law is inseparable from observing the development diversification of goods and services products from the existence of free trade dynamics currently that is so advantageous to the consumers, although the tendency to be disadvantaged is also getting bigger. Losses that were experienced by consumers due to the weak position of consumers in various factors compared to produces. While the birth of Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection Act as the formality legal of consumer protection law in Indonesia will not rule out the possibility of other regulations in the field of consumer protection, so the alternatives development in providing consumer protection is crucial to be able to provide consumer protection that brings benefits and supports the national economy.
Syarifah Sungai Raya Aceh Timur: Marriage and the Struggle to Find Identity
Authors: Juliandi Budi , Zulfikar Zulfikar , Mudrika Syarifah 
Published: July 2022

Every society has its own characteristics and identity that distinguish them from the others. Their diverse backgrounds form different views. This study explores the struggle to find Syarifah's identity in Sungai Raya Aceh Timur, related to their marriage. This study is an empirical legal research that examines the application of law in the reality of society. The data collection technique used is by conducting in-depth interviews, observations and literature studies related to the discussion of marriage. This study concludes that most Syarifah Sungai Raya believe in the doctrine of Sayyid-Sharifah endogamy marriage. However, some cannot deny the fact that exogamous marriages also occur. The doctrine of endogamous marriage raises a new awareness of their identity as zurriyyat of the Prophet PBUH. Because of this, exogamous marriage is a last resort when the goal of endogamous marriage cannot be met.
ICT and the trading negotiation for international sale contracts in the Pacific Alliance firms
Authors: Baena Rojas José Jaime , Cano José Alejandro , Vanegas-López Juan Gabriel 
Published: July 2022

Introduction. The information and communication technologies (ICT) have change the way that firms carry out their international business transactions because small, medium, and large companies are increasingly adopting these tools in order to enhance the productivity into operational processes including the commercial and industrial internationalization. Objective. This article aims to identify the most used ICT in the international trade negotiation process for achieving import and export contracts within the Pacific Alliance companies. Methodology. Then, a survey in 401 internationalized firms was carried out into this regional trade bloc comprised of Chile, Colombia, Mexico, and Peru. Likewise, a descriptive analysis is applied to present the results of the study highlighting the most used ICT into the international trade negotiation and, similarly, an ordered logistic regression is applied in order to explain both the level of importance given to ICT in the negotiation process and the use frequency within this trade agreement. Findings. The research also reveals that ICT are essential for each international negotiation phase, especially in the preparation phase. Conclusion. The use of specialized ICT such as e-procurement, ERP, CRM, NSS, and scenario building software increases as the size of the companies also increases.