Juridical Analysis Of The Prohibition Of Giving Street Children In The Perspective Of Islamic Law Based On Jember District Regulation Number 08 Of 2015 About The Organization Of Social Welfare Social Welfare

Authors

  • Miftahul Farhan Arif Faculty of Law, University of Jember
  • Fauziyah Fauziyah Faculty of Law, Muhammadiyah University of Jember
  • Djoko Purwanto Faculty of Law, Muhammadiyah University of Jember

Keywords:

Beggars, Vagrants, Welfare

Abstract

Talking about social welfare is inseparable from the responsibility of the state based on the Constitution of the Republic of Indonesia Article 34 states "The poor and abandoned children are cared for by the State, meaning that both the Central government and at the regional level are obliged to protect and prosper the poor and children. The purpose of this research is to analyze Jember Regency Regional Regulation Number 8 of 2015 concerning the Implementation of Social Welfare in the Perspective of Islamic Law and the Prohibition of giving to Beggars and street children in Jember Regency. The research method used in this research is Normative Juridical where researchers focus on literature studies through the concept of welfare and legislation. The results of the research state that the Regional Regulation on the Organizing of Social Welfare in Jember Regency is in accordance with Islamic law which is regulated in Article 73 paragraph (2) letter b which states "Using other people by bringing someone or several people either within the district or outside the district for the purpose of vagrancy, begging, prostitution, and others, based on this Article that vagrants and street beggars are prohibited from asking for red lights and corners of the city". Based on the perspective of Islamic law related to giving to beggars and vagrants based on the Al-Quran Surah At-Taubah verse 105 which means work, then Allah SWT will see your work as well as his apostles and believers and you will be returned to Allah SWT who knows the Unseen and the Real. So the rules between Jember Regency Regional Regulation Number 8 of 2015 and Islamic law are linear so that both uphold the public interest not for individual interests only.

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Published

2024-08-30