Absolute Obligation Research Articles

IMPLEMENTATION OF ZAKAT FUNDS TOWARD POVERTY ALLEVIATION THROUGH THE NATIONAL ZAKAT AGENCY OF BATU BARA DISTRICT

Zakat has great potential to become one of the main instruments in poverty alleviation efforts. Zakat is one of the pillars of Islam, so normatively it is an absolute obligation for every Muslim. The purpose of this research is to find out how zakat is distributed by the Batu Bara Regency National Zakat Amil Agency in its efforts to eradicate poverty, as well as identify factors that support and hinder the distribution of zakat. This research uses a qualitative method with a descriptive approach. Data collection methods are observation, interviews, and documentation, using primary and secondary data. There were 5 informants in this study. The data analysis techniques used are data reduction, data presentation, and conclusion verification. Source triangulation ensures the validity of the data used in this research. Based on research results, Baznas, Batu Bara Regency routinely distributes zakat funds every year using two main approaches, namely consumptive zakat and productive zakat, to overcome poverty. Through the Smart, Healthy, Pious and Caring Batu Bara Program, consumptive zakat is distributed to meet the basic needs of mustahik. Meanwhile, the Batu Bara Makmur Program is a productive zakat distribution program that empowers zakat recipients to be economically independent. However, poverty alleviation efforts could be more optimal because a larger proportion of zakat fund distribution occurs through consumptive zakat. Limited human resources cause a lack of supervision of zakat recipients, so the efforts made by productive zakat recipients last only a short time.

Development Design of Current Career Guidance Service Model in Makassar Aviation Polytechnic

The important role of career guidance for cadets in preparing themselves to enter the world of work. The purpose of this study was to develop a career guidance service model at Makassar Aviation Polytechnic. This research uses the research and development (R & D) method with a quantitative descriptive approach. The research location was at Makassar Aviation Polytechnic, Campus II Salodong. The type of data used in this research is a combination of primary data and secondary data. A well-planned Counselling Programme will increase productivity and performance ratings, develop careers increase diversity. Career guidance to guide and direct cadets who are in the final semester is an absolute obligation of the Makassar Aviation Polytechnic to strengthen and support the role of career development institutions in preparing and planning career preparation for cadets. Career guidance is very influential on the maturity of career plans that determine future success. The results of research on the implementation of career guidance activities at Makassar Aviation Polytechnic are carried out in accordance with the desired targets, goals and objectives. It is hoped that this model can continue to be developed and applied in the university environment, especially on vocational campuses, to assist students in preparing for their careers in the future.

CHANGING THE ENVIRONMENTAL PARADIGM THROUGH 3R (Reuse, Reduce, Recycle) EDUCATION: Student Devotion to Plastic Waste Management and Sustainable Creativity with Economical Value

The environment is home to all forms of life, especially humans, and protecting it is an absolute obligation. Environmental quality greatly affects human life. Even though there are many ways to protect the environment, careless waste handling is still a troubling problem. Piles of garbage on the streets and especially plastic waste, which is difficult to decompose, are increasingly widespread and have an increasingly serious impact. To respond to this, we as academic members feel the need to contribute in the form of Student Community Service, which we do at the Al Kamilah Foundation, Jl. Raya No. 3, Serua, Bojongsari District, Depok City, West Java. Our main goal is to increase awareness of the dangers of plastic waste and teach them how to process it into valuable and economically valuable goods. We apply the 3R (Reuse, Reduce, Recycle) training method with a focus on making piggy banks from plastic bottles. The results of this activity indicated the enthusiasm of the participants in learning and being creative with plastic waste. The resulting creations are not only useful as a place to store pocket money, but also have the potential to be used as business products. Through this activity, we hope to be able to provide valuable learning to the participants and open the door for ongoing training to improve their ability to manage plastic waste in an innovative and sustainable way.

ANALISIS STRATEGI PENGHIMPUNAN DANA ZAKAT MELALUI FINTECH DI LAZNAS YATIM MANDIRI MAGELANG

This study aims to determine the strategy for collecting zakat funds and the application of Fintech used at the LAZNAS Yatim Mandiri Magelang institution. Zakat is a worship that has a high social impact on the welfare of the community, so that zakat is normatively an absolute obligation that every Muslim has to spend part of his wealth. This study uses a qualitative method taken from a review of the literature as a reference for research and data obtained from interviews with laznas employees. This study was written to determine the strategy for collecting zakat funds and to determine the use of fintech implemented at the LAZNAS Yatim Mandiri Magelang institution. The results of this study indicate thar the strategy used in collecting zakat funds is offline and online, while the use of Fintech that has been implemented in this institution is by utilizing bank account transfer financial technology

The Obligation of Halal Certification: Between Affirmation of Religious Identity and a New Business Competition Strategy Model Amid the Threat of a Recession

Recently, companies and SMEs have begun to carry out halal certification in droves. Especially in 2024, businesses in the culinary field are required to have halal certification, both on a large and small scale. This is certainly a challenge for business owners who so far still interpret halal as merely a religious identity. Whereas in business competition, halal certification is an absolute obligation in order to gain wider market penetration. So this research aims to; firstly analyzing the halal certification process that has been running in Indonesia so far; the second traces the ability of halal certification to become a strategic model in winning the market amid the threat of recession. Both of these objectives are examined using a qualitative approach to the type of case study research. Researchers will present several cases that occurred in international companies and SMEs. Data collection techniques using observation, in-depth interviews, documentation and Small Group Discussion. Data were analyzed using descriptive and interpretive. The results of the study stated that, first, the certification carried out was still at the level of compliance of business actors with the state, not yet at the level of confirmation of religious identity, secondly, halal certification was able to become a barrier to entry for business competitors, so that business actors who had halal certification would be able to win the market, especially amid the threat of recession.

Istanbul Convention: the right to life without violence

The Convention of the Council of Europe on preventing and combating violence against women and domestic violence, or as it is also called the Istanbul Convention, is an international document that imposes absolute obligations on the signatory states regarding those who experience violence. Violence against women is systemic throughout the world and is measured in hundreds of thousands of cases per year in countries. The convention defines that absolutely all types of violence are a violation of basic human rights and freedoms. Thus, this document obliges state authorities to develop a comprehensive strategy to support and protect people who have experienced violence and to punish those responsible for such acts. The Istanbul Convention is the first international legal document on the prevention of gender-based violence. The starting point for this convention is the thesis that de facto and legal equality between men and women is an important component for preventing violence against women in particular. The article is devoted to proving the need for Ukraine to ratify the Council of Europe Convention on the Prevention of Violence Against Women and Domestic Violence and Combating These Phenomena (Istanbul Convention). The article examines issues related to the general policy of the state, which is aimed at eradicating gender-based violence, which is confirmed by the relevant regulatory and legal acts. Also, the focus is on preventing and combating domestic violence, due to which some forms of violence against women do not get the attention they deserve. Despite the positive changes in Ukrainian legislation aimed at criminalizing domestic violence and crimes related to domestic violence, not all acts stipulated by the Istanbul Convention have been criminalized. Also, the practice of applying special measures against domestic violence indicates serious problems in the field of law enforcement. There are also certain gaps in the protection of persons who have suffered from gender-based and domestic violence, which indicates an insufficiently developed state mechanism for providing assistance to such persons. Ratification of the Istanbul Convention in Ukraine took place 11 years after its signing. After all, there were quite a few obstacles that delayed this process.

NE BIS IN IDEM AS A MODERN GUARANTEE IN CRIMINAL PROCEEDINGS IN EUROPE

Background: The principle ne bis in idem is a traditional principle relevant to criminal proceedings in European states. While in the past, crime had a primarily national dimension, these days, it has an international dimension as well. The Europeanisation of law also occurred in criminal law, including criminal proceedings. Thus, an understanding of ne bis in idem as a modern guarantee involving the international dimension is needed. Methods: The basic sources used for the elaboration of the paper are scholarly sources (monographs, textbooks, studies, and scientific papers, etc.), legislative instruments (international agreements, etc.), and case-law (of the European Court of Human Rights and the Court of Justice of the European Union). The materials used here also include the available explanatory memorandums. The author uses traditional methods of legal scientific (jurisprudential) research – general scientific methods as well as special methods of legal science (jurisprudence). The general scientific methods used in the paper are predominantly logical methods, namely, the method of analysis, the method of synthesis, and the method of analogy, as well as the descriptive method. The descriptive method has been used to familiarise the reader with the current legal regulation of ne bis in idem. The method of analysis has been used as regards relevant provisions and case-law. The method of synthesis has also been used, as has the method of analogy. The special methods of legal science used here predominantly include methods belonging to a group of interpretative methods, namely, the teleological method, the systematic method, the historical method, and the comparative method. The teleological method has been used as regards the explanation of the purpose of legislative instruments. The systematic method has been used in the classification of the principle of ne bis in idem. The historical method has been used as regards the genesis and historical aspects of ne bis in idem. The comparative method has been used to examine the relationship between legislative instruments. Results and Conclusions: The principle of ne bis in idem is one of the oldest norms in western civilisation. Since the Europeanisation of law also occurred in criminal law, including criminal proceedings, the principle of ne bis in idem became a part of international legal documents. The Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 7, introduced a new right – the ‘right not to be tried or punished twice’. In addition, the Charter of Fundamental Rights of the European Union, which is the first bill of rights developed explicitly for the EU, also introduced the principle of ne bis in idem as the ‘right not to be tried or punished twice in criminal proceedings for the same criminal offence’. However, its understanding in the Charter has no additional significance. In principle, it is the same. Despite the fact the primary purpose of the Convention implementing the Schengen Agreement is to facilitate the free movement of persons between member states of the EU by removing internal border controls, several measures have been introduced which focus on police and judicial co-operation, including the principle of ne bis in idem, in the provision entitled ‘Application of the ne bis in idem principle’. This provision is considered the most developed expression of an internationally applicable ne bis in idem. Ne bis in idem also occurs in extradition proceedings and surrender proceedings. Its operation under the European Convention on Extradition prevents the double prosecution of the same person for the same offence in different jurisdictions. As regards the new procedural system introduced by the Framework Decision 2002/584/JHA on the European arrest warrant, based on the surrender proceedings as a special kind of criminal proceedings, there is no absolute obligation to execute the European arrest warrant. The Framework Decision, in its core text, includes grounds for non-execution of the arrest warrant in the executing state – and one of them is the principle of ne bis in idem

Landasan Filosofis, Sosiologis dan Yuridis terhadap Positivisasi Perceraian di Pengadilan Agama

According to Islamic law, divorce can occur on one side, namely the husband saying Thalaq. but in the KHI article 115 and the Marriage Law Article 39 paragraph (1) of the Marriage Law that "Divorce can only be carried out before a court session after the court in question tries and fails to reconcile the two parties (husband and wife). Obedience to Allah's law is an absolute obligation for Muslims and as the people of Indonesia, we are also obedient to the prevailing laws and regulations of the Republic of Indonesia. The research is a normative legal research with a statutory approachand a conceptual approach, with the aim of providing a philosophical, sociological and juridical basis on the positivization of divorce in religious courts. The research produced findings including: First, philosophically, KHI and Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage to provide the benefit of mankind in accordance with the purpose of the law was made. Second, sociologically, with the principle of making it difficult for divorce to occur, it will inhibit the increase in divorce in society. Third, Juridical provides legal certainty and legal protection as a result of divorce.

Tax withholding by the remitter based on the example of the lump-sum corporate income tax (WHT) – selected issues

This article deals with the role and responsibility of the remitter in corporate income tax with respect to the socalled “withholding tax” (WHT) levied on income earned by non-residents. The authors focused their considerations on establishing the relationship between the statutorily defined standard obligations of the remitter and the implemented activities of this entity in relation to WHT. The subject is important due to international aspects of taxation of cross-border income not only on the basis of Polish corporate income tax regulations, but also with double taxation treaties and exemptions in withholding tax implemented from EU directives in mind. The answer to the research questions posed included tax, fiscal and penal, as well as international and EU aspects. The research thesis is that the obligation to collect tax under the WHT constitutes for the remitter “sui generis” right to perform this collection, and does not have the character of an absolute obligation constituting its subjectivity as a remitter. The analysis of the legislation, case law and literature, through the application of the legal-dogmatic method, has shown that the failure of the tax remitter to collect the tax is not a barrier to the filing a tax refund or overpayment claim by the tax remitter, and in fact constitutes an active legitimacy. The findings of the article are of practical significance for non-residents from the EU and third countries (from outside the EU) obtaining so-called passive income in Poland.

The Directiveness that Dare Not Speak Its Name. Views and Attitudes of Polish Clinical Geneticists toward the Nondirectiveness Principle

Nondirectiveness is widely regarded as an important principle of genetic counseling. However, numerous studies have indicated that the use of this principle and its content itself are subject to controversies. The present study aimed to verify how the nondirectiveness principle is defined by Polish geneticists, the extent to which it is considered the main principle in clinical practice, and the situations in which geneticists see the positive value of the directive action. Using quantitative and qualitative methods, the study compared the abstract declarations of the directiveness validity and the scope of this principle with the declaration of action in situations close to reality (case scenarios). The results showed that the high rank assigned to the nondirectiveness principle does not translate into the conviction about the absolute obligation to use it in clinical practice. Polish geneticists are inclined to restrict the scope of patients’ choices when these are outside of their definition of medical standard. Strong medical paternalism manifests itself particularly in invasive prenatal diagnostics, where geneticists play the role of gatekeepers. In this study, we offer hypotheses about the sources of these attitudes by analyzing the current cultural and legal context of Poland.

Podnoszenie kwalifikacji zawodowych jako środek zwiększania poziomu kompetencji zawodowych członków korpusu służby cywilnej

Improvement of professional qualifications as means of increasing the level of professional competences of members of the civil service corps The author of the present article broadly analyzes the principles of improving professional qualifications by members of the civil service corps, including both the obligation to develop professional knowledge as well as other factors affecting the level of professional competence of corps members, such as the requirement to be qualified to hold a specific position and to serve a preparatory service. In particular, the study indicates requirements for establishing obligation to develop professional knowledge as one of the main duties of members of the civil service corps, introduces its legal nature and, separate from the principles provided for under the Labor Code, rules for its implementation through the absolute obligation of a corps member to participate in the civil service training system. The author also emphasizes the non-exhaustive nature of the regulation provided for by the Civil Service Act and points to the possibility of improving professional qualifications by members of the civil service corps, on the basis of the provisions of the Labor Code, at the initiative of the employer or with his consent.

Legal relations arising when concluding public agreements: types and legal nature

The article is devoted to the definition of the nature of legal relations that develop during the conclusion of public contracts. The author examines these legal relationships and reveals absolute and relative legal relationships that arise when concluding public contracts. The meaning and legal consequences of the obligation to conclude them are determined. The judgments expressed in science, according to which, prior to the commencement of the procedure for concluding a public contract between a person engaged in entrepreneurial or other income-generating activities, and the other party, there is an absolute obligation are critically evaluated. The inadmissibility of the idea that the abovementioned person does not have an obligation to conclude a public contract at all, and the action of article 426 of the Civil Code should be qualified as a reflexive action of law, is recognized as unacceptable. It is proved that the obligation relationship certainly arises within the framework of the construction of a public contract, but not from the moment the obligation arises to conclude it, but from the moment of the onset of a special legal fact the appeal of a specific consumer.

STUDENTS' PERCEPTION TOWARD IMPLEMENTATION IN TEACHING STRATEGY OF TRANSLATION

Teaching is one of the absolute requirements or obligations for a teacher where they convey knowledge to students. One of the teachings in this research is felt in the blank strategy because the strategy helps the students to overcome the problem of translation competence. The translation is a transfer of ideas from the source language to the target language and has the same meaning. Thus translation is also very important for students to learn through the teaching process carried out by lecturers to get more information and understand the text. This research is a qualitative method. Then the research instruments used questionnaires and interviews. The total respondents are 30 English department students at the Muhammadiyah University of North Maluku. Based on the result, most of the students are enjoyable and helpful in lecturing the teaching strategy. It proved that students learn translation because it is fun for them and makes it easier to interpret words and sentences. Students who learn translation can help them organize the meaning systematically and improve their knowledge, especially vocabulary, understanding the point of view of the text, and understanding the meaning of the text. It means that the implementation of the teaching strategy in translation class was accepted and improved on students' translation competence. While the data from the interview in this study also showed that students were very enjoyable in learning translation subjects so that they can improve their understanding of the meaning of a text, competence in translating a text, and improve their competence in understanding of English text.

Particular issues of legal regulation of non-contractual liability in maritime transport

A distinctive feature of non-contractual liability as a legal concept is the existence of noncontractual liability for parties that are not in a contractual relationship with each other. The damage caused in this case will be recognized as a consequence of actions not related to the violation of contractual obligations. In this situation, the tortfeasor violates the general absolute obligation not to encroach on other people’s subjective rights. It should be noted that non-contractual liability is often equated with delictual liability arising from harm. Delictual liability is the most common among non-contractual liability. However, the concept of non-contractual liability is much deeper and subject to expanded interpretation, that is, it includes various cases of liability in the absence of contracts besides delictual liability. Problematic issues related to non-contractual liability in maritime transport are an urgent problem in contemporary legislation. Resolving the given issues will be useful for law enforcement. The author investigates problematic issues of the application of non-contractual liability in maritime transport, and proposes to clarify and supplement the legislation in the field under consideration.

Takhrij Hadits Nilai Kemanusiaan (Berbuat Baik kepada Istri dan Orang lain)

Abstract 
 Doing good toward human beings is something that must be done as social beings in order to create a peaceful life in society. Being a very important thing to do good to the wife, this is often neglected by husbands. Doing good to the wife is an absolute obligation for the husband by doing good will create peace in the family and raise peace-loving generations. In this study, we will discuss the study of takhrij hadith about doing good to the wife and others, which will examine partially, namely how the reliability of the narrators, the connection of sanad, whether or not the hadith is valid, converts (note whether or not) the hadith is valid and examines the hadith in detail. Simultaneously, this study uses the Gamee Al-Kaleem application version 4.5. an application designed for Takhrij Al-Hadith.Based on the research’s finding, it is concluded that first, the narrator Sufyan Al Tsauri is a Tsiqah narrator. Second, the hadiths studied are in the Shohihul Al-isnad category. Third, this hadith about doing good to family and others can be concluded to be in the Sahih al-Matan category. Fourth, the existence of this hadith and other hadiths are in one corridor to support each other. Fifth, the hadith about doing good to family and other people under study does not contain illat which can make it rejected by the Aqli argument. Sixth, by partial research, this hadith is shohihul al-hadith/shohih lidzatihi. Seventh, the simultaneous research shows that this hadith is ahad ghorib.

Sekularisasi Etika dan Krisis Moral Masa Kini

Secularisation of ethics is one of the dimensions of secularism that gives a direct impact on man’s way of life. Secularism as a philosophical program that began hundreds of years ago in Europe provided a materialistic and hedonistic parameter to measure human development and happiness. This study highlights the effects of modern moral philosophy, in particular Kantianism, utilitarianism, and emotivism, upon contemporary moral crises. It refuted the claim of the proponents of the secularisation of ethics that religion, particularly the belief in God, is not essential in morality. The failure of modern Western ethics in providing a universal and effective ethical theory has led to the marginalisation of ethics in all aspects of life. The secularisation of ethics which brings about deconsecration of values has negated God’s authority and affirmed man’s autonomy to decide on moral values, resulting in the dissolution of absolute moral standards and universal moral values. This research, therefore, reiterates the central role of Divine ethics and specifically Islamic ethics in providing universal and absolute moral obligations which has the capacity to save mankind from the perils of ethical relativism and moral bankruptcy.

From Kyoto to Paris: Problematic route of state responsibility for climate change

Anthropogenic climate change is one of the effects of carbon dioxide emissions from the use of fossil fuels. The Climate Change International Legal Regime consisting of primary rules set out in international treaties has been established to reduce greenhouse gas emissions. Due to the lack of special secondary rules in this regime, a violation of its primary rules leads to applying the general rules of state responsibility in DARSIWA. The question is whether these general rules are compelling enough. The article shows that the attribution of GHG emissions to states is complex due to the lack of a specific causal relationship and diversity of GHG emitters. In addition, there is no absolute and comprehensive obligation for GHG emission under the climate change legal regime, which could hold the emitting state responsible. In addition, assuming the compensation as an inherent consequence of responsibility, state accountability rules cannot effectively deal with climate change because of the cumulative nature of damages and the discarding of compensation from the relevant treaties, particularly from the Paris Agreement. Therefore, in addition to the legal liability of states, other dimension of their responsibility including ethical responsibility should also be considered as much as possible.

KREATIVITAS ANAK USIA DINI BERDASAKAN ALIRAN PROGRESIVISME

Abstract : In this research, the writer aims to be able to know what creativity is, the importance of cultivating creativity, and the relevance of creativity according to the flow of progressivism. As we know that early childhood is usually called the golden age, which means the golden age. Cognitive, fine-gross motor, social-emotional, language, religious-moral, and artistic aspects are various aspects of early childhood. Therefore, educators and parents should understand how important creativity is for their future survival. It is an absolute obligation to introduce various kinds of activities that foster children's creativity so that they develop properly and correctly based on the child's age stage. Today there is still an understanding of parents, communities or teachers who have not optimally understood the benefits of the importance of creativity for early childhood for the next child's life, and the author tries to explain the relationship between early childhood creativity based on the flow of progressivism. Thus, the development of creativity in early childhood is expected to be able to optimize understanding and knowledge about the importance of creativity for children. The important role of creativity includes creativity being able to realize self-actualization, and it is a reflection of creative thinking, creativity allows humans to improve the quality of life and is beneficial for the social environment. The authors use the type of library research (library research). Early childhood creativity based on the flow of progressivism is strengthened by related theories so that it is very educational for readers to implement in everyday life in educating children.
 Keywords: Creativity Development, Early Childhood, Progresivisme.

Climate change: A Wumpurrarni‐kari and Papulanyi‐kari shared problem

Climate change: A <i>Wumpurrarni‐kari</i> and <i>Papulanyi‐kari</i> shared problem

Nikah Sirri Menurut Hukum Islam Dan Hukum Positif

Islamic law defines marriage as an absolute obligation to follow Allah's command and carry it out as worship and represents a very strong bond. In the context of unregistered marriage, it can be defined as “a form of marriage based on religious law or custom, as well as one that is not announced to a crowd and is not registered with the marriage registry”. This paper discusses literacy in Islamic law and positive law on unregistered marriages. Positive law studies on unregistered marriages are carried out on the essence of the Law of the Republic of Indonesia and Government Regulations. According to Indonesian law, sirri marriage is a marriage that is not based on the principle of legality. In Islam, the study of unregistered marriage was based on Qur’an and hadith. This means that it is not legally binding. A marriage that is in accordance with the pillars and conditions of marriage is valid under Islamic law, as are marriages performed in sirri marriages, as defined in Indonesian law.