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Muhibbussabry Muhibbussabry
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Religion Education

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THE ROLE OF THE DEPARTMENT OF SOCIAL AFFAIRS IN THE IMPLEMENTATION OF REGIONAL REGULATION NUMBER 15 OF 2004 CONCERNING THE PROHIBITION OF VAGRANCY AND BEGGING IN TANJUNG BALAI CITY FROM THE PERSPECTIVE OF SIYASAH DUSTURIYAH Nabila Sandu Br Sinaga; Muhibbussabry Muhibbussabry
Journal Analytica Islamica Vol 14, No 2 (2025): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v14i2.26586

Abstract

This study discusses the implementation of Tanjung Balai City Regional Regulation Number 15 of 2004 concerning the Prohibition of Vagrancy and Begging from the perspective of Siyasah Dusturiyah. The phenomenon of the increasing number of vagrants and beggars (gepeng) in Tanjung Balai City indicates a gap between the ideality of law (das sollen) and social reality (das sein). The purpose of this study is to analyze the effectiveness of the implementation of the regulation, to identify its inhibiting and supporting factors, and to assess its conformity with the principles of public benefit (maslahah) in Siyasah Dusturiyah. This research employs an empirical juridical approach with a qualitative descriptive method through interviews, observations, and document studies. The results show that the implementation of the regulation remains weak due to budget limitations, insufficient rehabilitation facilities, and lack of inter-agency coordination. Moreover, the legal substance of the regulation focuses more on control and sanctions without being balanced by rehabilitation and social empowerment policies. From the perspective of Siyasah Dusturiyah, such a policy has not fully fulfilled the principles of maslahah ‘ammah and maqasid al-shariah, as it has not yet succeeded in ensuring protection, empowerment, and justice for the poor. This study concludes that the handling of vagrancy and begging should be directed toward economic empowerment, moral guidance, and social reintegration based on Islamic values so that regional social policies genuinely reflect public welfare and human dignity.
UNCERTAINTY IN CATERING WORKERS’ WAGE PAYMENT PRACTICES IN MEDAN JOHOR FROM THE PERSPECTIVE OF DSN-MUI FATWA NO. 112/DSN-MUI/IX/2017 ON THE IJARAH CONTRACT Yulia Syafitri Harahap; Muhibbussabry Muhibbussabry
Journal Analytica Islamica Vol 15, No 1 (2026): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v15i1.28477

Abstract

Wage payment practices are a crucial element in employment relationships because they relate to legal certainty and the protection of workers' economic rights. However, in the informal sector—particularly home-based catering businesses—wage mechanisms are often implemented without a clear agreement regarding the amount and timing of payments. This study aims to analyze wage payment practices in catering businesses in Medan Johor District from the perspective of Government Regulation Number 36 of 2021 concerning Wages and DSN-MUI Fatwa Number 112/DSN-MUI/IX/2017 concerning Ijarah Contracts. This study uses a qualitative approach with juridical-empirical methods through in-depth interviews with workers and catering business owners and an analysis of relevant regulations and fatwas. The results show that wage payments are fluctuating and uncertain, depending on the number of orders, without a clear agreement from the start of the employment relationship. This practice does not comply with the principle of wage certainty in labor law and contradicts the principle of clarity of ujrah in ijarah contracts. This research contributes to strengthening the study of labor law and Islamic law by emphasizing the urgency of wage clarity as an instrument of justice and protection for workers in the informal business sector.
Co-Authors Nabila Sandu Br Sinaga Yulia Syafitri Harahap