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Revitalizing Sharia Advocates: Reforming the Law on Advocates in Strengthening the Role of Islamic Law in Indonesia Panjaitan, Budi Sastra; Hasibuan, Putra Halomoan; Kurniawan, Puji; Sirait, Adi Syahputra; Ma'mun, Sukron
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 2 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i2.10875

This study aims to evaluate the urgent need to restore the Law of the Republic of Indonesia Number 18 of 2003 concerning Advocates (UUA) to position Sharia advocates as the exclusive legal representatives in religious courts. The research uses a normative juridical method, focusing on the examination of legal norms, rules, and relevant literature. Data were collected through a comprehensive review of legal documents, statutes, and academic sources, and analyzed qualitatively to interpret and critique the legal provisions and their implications. The findings reveal that the current lack of specificity in the advocate profession, particularly in religious courts, has led to the involvement of advocates who may lack the necessary background in Sharia law, potentially harming the legal interests of Muslim clients. The conclusion emphasizes that restoring the Law of the Republic of Indonesia Number 18 of 2003 concerning Advocates to recognize only Sharia advocates in religious courts aligns with the nature of these courts and does not violate human rights. This restoration is vital for protecting the legal interests of Muslims and enhancing the professionalism of Sharia advocates in religious courts, including preparing students of the Faculty of Sharia for specialized legal roles. By promoting legal reforms, the study improves the efficiency of religious courts and ensures better access to justice for Muslim communities.

The Transformation of Islamic Family Law in the Digital Era: A Sociological Legal Analysis of Marriage and Divorce Regulations in Indonesia Kurniawan, Puji; Ahmatnijar, Ahmatnijar; Ridwan, Muhammad
Madania: Jurnal Kajian Keislaman Vol 28, No 2 (2024): DECEMBER
Publisher : Universitas Islam Negeri (UIN) Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/madania.v28i2.5146

This study aims to analyze sociological law regarding marriage and divorce regulations in the digital era. The digital era has had a significant impact on marriage and divorce regulations within the framework of Islamic family law in Indonesia. This study uses sociological and legal analysis to explore the impact of technological advances on the understanding and application of these laws. Digital transformation has increased the accessibility of legal information, simplified legal procedures, and changed the social dynamics in marriage and divorce administration. Research findings show that although digitalization has increased the accessibility of legal information and simplified legal procedures, it has also introduced new complexities in the social dynamics surrounding marriage and divorce, including potential conflicts with traditional values and religious norms. Additionally, the shift to digital platforms raises serious concerns regarding data privacy and security, as the handling of sensitive personal information becomes more vulnerable to breaches. These challenges emphasize the need for a careful and balanced approach to regulatory adaptation, which not only responds to technological advances but also ensures the maintenance of basic principles of Islamic law. Ultimately, this research concludes that comprehensive policy reform is essential not only to meet the evolving needs of modern society but also to maintain the fairness, honesty and integrity of family law processes in the digital era. Such reforms must be designed to ensure that all levels of society can benefit equally from the advantages brought by digitalization, while adhering to the basic principles of Islamic law. Studi ini bertujuan untuk menganalisa hukum sosiologis terhadap peraturan perkawinan dan perceraian di era digital. Era digital telah memberikan dampak yang signifikan terhadap regulasi perkawinan dan perceraian dalam kerangka hukum keluarga Islam di Indonesia. Studi ini menggunakan analisis sosiologis dan hukum untuk mengeksplorasi dampak kemajuan teknologi terhadap pemahaman dan penerapan hukum-hukum tersebut. Transformasi digital telah meningkatkan aksesibilitas informasi hukum, menyederhanakan prosedur hukum, dan mengubah dinamika sosial dalam administrasi perkawinan dan perceraian. Temuan penelitian menunjukkan bahwa meskipun digitalisasi telah meningkatkan aksesibilitas informasi hukum dan menyederhanakan prosedur hukum, hal ini juga memperkenalkan kompleksitas baru dalam dinamika sosial yang mengelilingi perkawinan dan perceraian, termasuk potensi konflik dengan nilai-nilai tradisional dan norma-norma agama. Selain itu, peralihan ke platform digital menimbulkan kekhawatiran serius mengenai privasi dan keamanan data, karena penanganan informasi pribadi yang sensitif menjadi lebih rentan terhadap pelanggaran. Tantangan-tantangan ini menekankan perlunya pendekatan yang hati-hati dan seimbang dalam adaptasi regulasi, yang tidak hanya menanggapi kemajuan teknologi tetapi juga memastikan terpeliharanya prinsip-prinsip dasar hukum Islam. Akhirnya, penelitian ini menyimpulkan bahwa reformasi kebijakan yang komprehensif sangat penting tidak hanya untuk memenuhi kebutuhan masyarakat modern yang terus berkembang tetapi juga untuk menjaga keadilan, kejujuran, dan integritas proses hukum keluarga di era digital. Reformasi tersebut harus dirancang untuk memastikan bahwa semua lapisan masyarakat dapat memperoleh manfaat yang setara dari keuntungan yang dibawa oleh digitalisasi, sambil tetap mematuhi prinsip-prinsip dasar hukum Islam.

Cultivating Harmony: Strengthening Religious Inclusivity Through Interfaith Dialogue in Rural South Tapanuli Kurniawan, Puji; Nasution, Liah Rosdiani; Ahmatnijar
Afkaruna: Indonesian Interdisciplinary Journal of Islamic Studies Vol. 21 No. 1: June 2025
Publisher : Fakultas Agama Islam, Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/afkaruna.v21i1.24161

Interfaith dialogue in rural contexts remains underexplored, despite the unique dynamics of social and religious coexistence in such areas. This study aims to answer two central research questions: (1) How is interfaith dialogue practiced in a multireligious rural community? and (2) How does such dialogue shape or hinder religious inclusivity? The research was conducted in Tantom Angkola, North Sumatra, a village inhabited by Muslim and Christian communities with a long history of coexistence. Using a qualitative approach, in-depth interviews were conducted with 15 participants from diverse generational, religious, and social backgrounds. Thematic analysis revealed four key themes: (1) Perceptions of Religious Harmony, (2) Barriers to Deeper Interfaith Engagement, (3) Everyday Interactions between Faith Communities, and (4) Aspirations for Future Inclusivity. Findings showed that interfaith dialogue mostly occured informally and through social structures rather than theological exchanges, reflecting superficial tolerance but not yet full inclusivity. Key barriers include religious stereotypes, cultural conservatism, and lack of institutional support. The discussion draws on Swidler’s Decalogue of Interfaith Dialogue and is contextualized within Islamic pedagogical traditions such as halaqah (study circles) and the ethical principle of wasathiyah (moderation). The study concluded that revitalizing Islamic principles of justice for minorities and fostering locally grounded interfaith education are essential for advancing deeper inclusivity in rural contexts.

Putusan MK Yang Bersifat Positif Legislature Pane, Ramadhan Siddik; Kurniawan, Puji
Jurnal El-Thawalib Vol 3, No 4 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i4.5939

The Constitutional Court in the case of testing the constitutionality of an Act is declared granted, then by the provisions of the laws and regulations only given the authority to declare the material content of paragraphs, Articles, and / or parts of the Law contrary to the 1945 Constitution and has no binding legal force. Or make the process of making laws contrary to the mechanism of formation that has been regulated by the laws and regulations (negative legislature). However, in some cases the Constitutional Court in its ruling included new legal norms (positive legislatures) that are considered to have entered the realm of legislative authority. So based on this there is an increase in the authority of the Constitutional Court from negative legislature to positive legislature. Based on the picture of the problem, researchers want to further know how the constitutional court's authority in issuing positive legislature decisions, then what consideration factors are used by constitutional court judges in issuing positive legislature rulings. This research is assembled based on the type of juridical normative research by utilizing the legal approach and the case approach. The theory used in solving the above problems is to use progressive legal theory and positive legal theory. So that with the data obtained from the results of case review and law, it is processed by reducing data and cases. The results of this study state that the Constitutional Court in the case of testing the constitutionality of the Law based on norms stipulated in the laws and regulations only as a norm-spinning or negative legislature. However, based on the knife analysis of the progressive legal theory, the authority can become a new norm maker with various rules included in the sound of the verdict or positive legislature. The factor considered by constitutional court judges in stringing together the ruling is substantive justice considerations based on progressive theory, then this is supported by the purpose of the establishment of law in Islam is to realize justice.

Implementasi Peraturan Menteri Pekerjaan Umum Republik Indonesia Nomor: 03/PRT/M/2013 Pasal 35 Tentang Pemilihan Tempat Pembuangan Akhir Asyfah, Dinda; Dalimunthe, Dermina; Kurniawan, Puji
Jurnal El-Thawalib Vol 5, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v5i2.13177

The problem in this research is the implementation of the Regulation of the Minister of Public Works of the Republic of Indonesia Number 03/PRT/M/2013 Article 35 concerning Selection of Final Disposal Sites in Padangsidimpuan City. The type of research used is field research with a qualitative approach. The primary data source in this research is Padangsidimpuan City Environment and Community Service employees. Meanwhile, secondary data are books and scientific journals that are considered relevant to this research. Data collection techniques use observation, interviews and documentation with qualitative descriptive data analysis techniques. The results of this research show that the implementation carried out by the Environmental Service is first, waste sorting which is carried out manually by scavengers. Second, waste processing still uses the Open Dumping system, namely just throwing away waste without any processing. Third, supervision of final disposal sites, namely creating guard posts and people responsible for controlling piles of rubbish at final disposal sites. Then the supporting factor for the Padangsidimpuan City final disposal site is that long before regulations regarding final disposal sites were formed, the final disposal site in Simatohir village already existed. The surrounding environment at the Padangsidimpuan City landfill is also still surrounded by residents' gardens, where air pollution caused by burning smoke from the landfill can be controlled, as can the lechate from the landfill. Then the inhibiting factors for moving the Padangsidimpuan City landfill from Simatohir village to Batang Bahal require large funds, air pollution, and the absence of socialization from the government.

Peran Kepolisian Dalam Pelaksanaan Vaksinasi Di Kota Padang Sidempuan Nasution, Nurul Annisyah; Harahap, Ikhwanuddin; Kurniawan, Puji
Jurnal El-Thawalib Vol 5, No 1 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v5i1.10873

This study aims to determine the role of the Indonesian National Police in implementing the Regulation of the Minister of Health of the Republic of Indonesia Number 10 of 2021 concerning Implementation of Vaccinations in the Context of Mitigating the Covid-19 Pandemic in the City of Padang Sidempuan. This researcher is a field research (Field Research) with a qualitative approach. The primary data sources in this study were the Padang Sidempuan City Police, Padang Sidempuan City Health Office employees, several local residents and secondary data sources were books, laws, articles and several journals. The data collection techniques for this research are observation, interviews and documentation which will then be analyzed using descriptive qualitative analysis techniques. The results of this study indicate that the Police have played an active role in inviting, encouraging and socializing the implementation of vaccinations and increasing public awareness about vaccines so that people are not affected by vaccine issues that are not true. Factors that influence the implementation of vaccinations in the City of Padang sidempuan, namely there are inhibiting factors that the community is still little educated about vaccines and lack of awareness about the importance of health and supporting factors, namely Krepolisian in collaboration with other agencies or institutions such as the Health Service. As for the fiqh siyasa review of the role of the Police in implementing the regulation of the Minister of Health of the Republic of Indonesia that the police are officers who carry out the tasks given by the leader, which in fiqh siyasa this leader is called ulil amri and in the fiqh siyasah rules it states that "Tasroful imamu a'larroiyyati manuwtun bil maslahati" which means, the policy of an imam or government must be based on benefit. So, if the role of the police is related to fiqh siyasa, there will be no deviations so that it does not harm the local community in carrying out the vaccination.

Penetapan Tarif Parkir di Pasar Sangkumpal Bonang ditinjau dari Prinsip-Prinsip Hukum Ekonomi Syariah Siregar, Liska Agustina; Hasibuan, Putra Halomoan; Kurniawan, Puji
Jurnal El-Thawalib Vol 4, No 2 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v4i2.9613

The problem in this study is the discrepancy in setting parking rates at the Sangkumpal Bonang market, Padangsidimpuan City in terms of Islamic Economic Law. This type of research is field research using a qualitative approach, the primary data source in this study is the Padangsidimpuan City Transportation Service, parking attendants and parking service users at the Sangkumpal Bonang Market. Secondary data sources were taken in the form of books, journals and documentation related to this research. The data collection techniques carried out by researchers are observation, interviews and documentation. The data analysis technique used by the researcher is descriptive data analysis. The results of the study show that the lack of effectiveness in setting parking rates in Padangsidimpuan City Regional Regulation No. 04 of 2010 and Mayor Regulation No. 32 of 2018. There is a discrepancy between the parking rates set out in the regulations and the rates applied by parking attendants in the field, causing dissatisfaction with the public and related parties regarding the rates charged. In the context of the principles of Sharia Economic Law, the determination of parking rates at the Sangkumpal Bonang market is based on the principles of fairness, balance, public benefit, trustworthiness, and transparency.

Implementation of Child Birth Registration in Kampung Baru Village, Lingga Bayu District, Mandailing Natal Regency in terms of Article 27 Paragraph (1) Law Number 13 Number 24 of 2013 concerning Population Administration Lubis, Rita Annisah; Kurniawan, Puji
Jurnal El-Thawalib Vol 3, No 3 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i3.5644

The lack of practice of registering children's births and the lack of legal knowledge regarding population identity are the background to the emergence of problems in this study. The purpose of this study was to find out how the practice of registering child births in Kampung Baru Village, Lingga Bayu District, Mandailing Natal Regency by the Department of Population and Civil Registration. As well as knowing what the inhibiting factors are in the practice of birth registration. This research is a field research using qualitative descriptive analysis method. The method of collecting data in this research is by means of interviews and documentation. The parties studied were the Department of Population and Civil Registration of Mandailing Natal Regency and one of the people in Kampung Baru Village.The results of this study prove that the Implementation of Child Birth Registration in Kampung Village from 2015 to 2016, based on article 27 paragraph (1) of Law Number 24 of 2013 concerning Population Administration has not been carried out optimally. This can be proven from the fact that there are still many people in the village who do not yet have a demographic identity in the form of a birth certificate. Judging from the fiqh siyasa of the government in the practice of registering child births in the village of Kampung Baru, it is good, it can be seen that the government in providing services, policies, and relations with the community is always based on the general benefit that the government must be prosperous for its people, trustworthy and fair to its people. Inhibiting factors in the practice of registering children's births include internal factors that come from the individual himself, such as the lack of legal knowledge of the urgency of registering the child, then external factors, and road infrastructure that seems far from the Population and Civil Registration Office of Mandailing Natal Regency.

Implementasi Peraturan Menteri Pekerjaan Umum Republik Indonesia Nomor: 03/PRT/M/2013 Pasal 35 Tentang Pemilihan Tempat Pembuangan Akhir Asyfah, Dinda; Dalimunthe, Dermina; Kurniawan, Puji
Jurnal El-Thawalib Vol 5, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v5i2.13177

The problem in this research is the implementation of the Regulation of the Minister of Public Works of the Republic of Indonesia Number 03/PRT/M/2013 Article 35 concerning Selection of Final Disposal Sites in Padangsidimpuan City. The type of research used is field research with a qualitative approach. The primary data source in this research is Padangsidimpuan City Environment and Community Service employees. Meanwhile, secondary data are books and scientific journals that are considered relevant to this research. Data collection techniques use observation, interviews and documentation with qualitative descriptive data analysis techniques. The results of this research show that the implementation carried out by the Environmental Service is first, waste sorting which is carried out manually by scavengers. Second, waste processing still uses the Open Dumping system, namely just throwing away waste without any processing. Third, supervision of final disposal sites, namely creating guard posts and people responsible for controlling piles of rubbish at final disposal sites. Then the supporting factor for the Padangsidimpuan City final disposal site is that long before regulations regarding final disposal sites were formed, the final disposal site in Simatohir village already existed. The surrounding environment at the Padangsidimpuan City landfill is also still surrounded by residents' gardens, where air pollution caused by burning smoke from the landfill can be controlled, as can the lechate from the landfill. Then the inhibiting factors for moving the Padangsidimpuan City landfill from Simatohir village to Batang Bahal require large funds, air pollution, and the absence of socialization from the government.

Peran Kepolisian Dalam Pelaksanaan Vaksinasi Di Kota Padang Sidempuan Nasution, Nurul Annisyah; Harahap, Ikhwanuddin; Kurniawan, Puji
Jurnal El-Thawalib Vol 5, No 1 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v5i1.10873

This study aims to determine the role of the Indonesian National Police in implementing the Regulation of the Minister of Health of the Republic of Indonesia Number 10 of 2021 concerning Implementation of Vaccinations in the Context of Mitigating the Covid-19 Pandemic in the City of Padang Sidempuan. This researcher is a field research (Field Research) with a qualitative approach. The primary data sources in this study were the Padang Sidempuan City Police, Padang Sidempuan City Health Office employees, several local residents and secondary data sources were books, laws, articles and several journals. The data collection techniques for this research are observation, interviews and documentation which will then be analyzed using descriptive qualitative analysis techniques. The results of this study indicate that the Police have played an active role in inviting, encouraging and socializing the implementation of vaccinations and increasing public awareness about vaccines so that people are not affected by vaccine issues that are not true. Factors that influence the implementation of vaccinations in the City of Padang sidempuan, namely there are inhibiting factors that the community is still little educated about vaccines and lack of awareness about the importance of health and supporting factors, namely Krepolisian in collaboration with other agencies or institutions such as the Health Service. As for the fiqh siyasa review of the role of the Police in implementing the regulation of the Minister of Health of the Republic of Indonesia that the police are officers who carry out the tasks given by the leader, which in fiqh siyasa this leader is called ulil amri and in the fiqh siyasah rules it states that "Tasroful imamu a'larroiyyati manuwtun bil maslahati" which means, the policy of an imam or government must be based on benefit. So, if the role of the police is related to fiqh siyasa, there will be no deviations so that it does not harm the local community in carrying out the vaccination.

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