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Kedudukan dan Efektivitas Justice Collaborator di dalam Hukum Acara Pidana Sirait, Adi Syahputra
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 5, No 2 (2019)
Publisher : IAIN Padangsidimpuan

This article aims to analyze and explain the position of justice collaborator in criminal procedural law and the effectiveness of justice collaborator in proof, as an analysis instrument this research uses a case study of a narcotics-specific criminal decision in the Supreme Court where narcotics is an extraordinary crime committed in an organized manner by a drug syndicate narcotics, this research uses a social legal research approach using juridical type, the research data is obtained from an analysis of the decision of the Supreme Court of the Republic of Indonesia Number: 920K / Pid.Sus / 2013 which is then analyzed using the effectiveness theory. The Supreme Court Judge determines the defendant as a justice collaborator based on the Supreme Court circular number 4 of 2011 regarding the treatment of whistleblowers and witnesses of collaborating actors (justice collaborator). The results of this study are that the supreme court judge considered the defendant's petition as a justice collaborator who could reveal the illicit trafficking network of international channels and also reveal the main perpetrators of the narcotics distribution.

Assessing Criminal Penalties in Marriage Law: a Comparative Study of Policy Frameworks within Indonesian and Malaysian Legislation Sirait, Adi Syahputra; Harahap, Nurhotia; Hidayat, Taufik; Harahap, Risalan Basri
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 18 No. 2 (2024)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v18i2.11208

This article examines the policy on criminal sanctions in Islamic marriage law in Indonesia and Malaysia, focusing on a comparative analysis between the two countries. The main objective of this study is to understand how both countries, with their Muslim-majority populations, formulate and apply criminal sanctions in cases of violations of Islamic marriage law. This research employs a library research methodology. The primary sources of data for this study include Law No. 1 of 1974, the Compilation of Islamic Law, the Federal Territories Islamic Family Law Enactment, and Islamic law. The findings of this study indicate that although Indonesia and Malaysia share a common foundation in Sharia law, there are significant differences in the application of criminal sanctions related to Islamic marriage. In Indonesia, the policy on criminal sanctions is more influenced by the secular national legal system, while in Malaysia, Sharia law plays a more dominant role in the state judiciary system. The review of Islamic law related to the application of criminal sanctions for violations of marriage laws remains weak in its implementation. Therefore, stricter sanctions should be established for violators to provide a significant deterrent effect. This approach aligns with al-Ghazali's concept of maslahah, which prioritizes good and avoids harm (mafsadah).

Community Service Order Punishment: Alternatives in The Criminal Law System From Maqāṣid al-Sharīʿah Perspective Sirait, Adi Syahputra; Syahnan, Mhd.; Panjaitan, Budi Sastra
Nurani Vol 24 No 2 (2024): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v24i2.24276

This study aims to analyze Community Service Order (CSO) punishment within the criminal law system through the lens of Islamic law, using a multi-dimensional approach. As an alternative to detention, CSO punishment is expected not only to achieve the rehabilitation of offenders but also to provide broader benefits to society. This study explores how the concept of maqāṣid al-sharīʿah with a multi-dimensionality approach—which includes social, economic, and cultural analysis—by looking at the relevance of maqāṣid al-sharīʿah and a comprehensive view of the concept of community service order punishment to achieve a balance between justice, rehabilitation, and social welfare. A multi-dimensionality approach is used to study community service order punishment from social, economic and cultural aspects. The results of the study show that Community Service Order Punishment are not only in line with the principles of maqāṣid al-sharīʿah, but also have the potential to increase the effectiveness of the rehabilitation of perpetrators, reduce detention costs, and increase the positive contribution of perpetrators to society. This study concludes that Community Service Order Punishment can be a more humane and effective alternative in the criminal law system, which is in line with Islamic values and supports the welfare goals of society as a whole.

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.

Lafadz Ijab Qabul Perspektif Fiqih As-Syafi’i Siregar, Arnisa; Harahap, Ikhwanuddin; sirait, Adi syahputra
Jurnal El-Thawalib Vol 2, No 5 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v2i5.4403

Marriage is not just a written contract or usually spoken between the bride and groom. Ijab qabul is one of the pillars of marriage, there is ijab, namely lafadz spoken by the guardian of the prospective bride or her representative while qabul is lafadz spoken by the prospective groom. Then without the pillars in a marriage contract, the marriage is invalid. As happened in the process of the marriage contract in the city of Padangsidimpuan, the lafadz consent and qabul were not in accordance with the provisions of the Shari'a.The purpose of this thesis is to find out how the marriage registrar's perception of lafadz ijab qabul in the marriage process in the city of Padangsidimpuan.The conclusions obtained in this study are that the implementation of the ijab qabul lafadz in the procession of the marriage contract in the city of Padangsidimpuan lafadz qabul ijab as follows: the consent pronounced by the guardian must be in harmony with the qabul answered by the prospective groom. If the guardian of the prospective bride is her biological father in her consent, there is no need to say using binti, because it is clear in her consent that it is my biological daughter.

Pemberian Nafkah Anak Ditinjau Dari Undang-Undang No. 23 Tahun 2002 Tentang Perlindungan Anak Ariansyah, Yudi; Harahap, Ikhwanuddin; Sirait, Adi Syahputra
Jurnal El-Thawalib Vol 4, No 1 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v4i1.7978

This study examines how the responsibility for child maintenance after divorce and the factors behind the father not providing a living for the child after divorce in Silandit Village, South Padangsidimpuan District, Padangsidimpuan City. This type of research is field research with a qualitative approach. Primary data sources are research data sources obtained directly from the original source in the form of interviews with the Lurah and the community who are the object of research in Silandit Village, while secondary data can be in the form of books, Al-Qur'an, Journals, and other sources that related to research. Data collection techniques are by doing 3 methods in this study, namely by interview, observation, and documentation. The data analysis technique in this study is descriptive qualitative, namely describing, and summarizing various conditions, situations from various data collected, in the form of interviews and documents regarding the problems studied that occur in the field. The results of research on parental responsibility for children's livelihood after divorce in Silandit Village, there are three results, first: parents do not provide a living for their children after divorce and give it to their grandmother, Second: parents provide maintenance for their children but do not every month, Third: parents are irresponsible and neglect their obligations as a father. The factors behind parents not providing a living for their children are economic factors, psychological factors, parents remarrying factors, irresponsible factors, female parents being able to provide children's living expenses.

Pelaksanaan Mediasi Hakim Mediator Di Pengadilan Agama Kota Padangsidempuan Ramadhan, Nispu; Sirait, Adi Syahputra
Jurnal El-Thawalib Vol 3, No 6 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i6.6663

This study examines the implementation of mediator judge mediation at the Padangsidempuan City Religious Court. This type of research is field research with a qualitative approach, the primary data source comes from Mediator Judges at the Padangsidempuan City Religious Court, while the secondary data from researchers are official documents, legal books, both journals and articles related to this research. Data collection techniques in this study used observation, interviews and documentation. Data analysis techniques in this study used descriptive qualitative analysis techniques. The results of this study are the level of effectiveness of the efforts of mediator judges in reconciling divorce cases at the Padangsidempuan City Religious Court, which can be categorized as not maximally effective by looking at the number of divorces that have occurred at the Padangsidempuan City Religious Court. While the factors that influence it are internal factors: legal factors, namely because of the regulations governing mediation with a limited time, actors or law enforcement factors, namely the success of the mediator judge in carrying out his duties in terms of mentality and personality. The facility or facility factor is that the Padangsidempuan City Religious Court has a special mediation room provided, but the parties and the mediator judge have not been able to make optimal use of it. And external factors: customary factors and community factors, namely the litigant party submits his case to the court only to determine whether the divorce is valid or not.

Sanksi HukumTerhadap Pernikahan Melangkahi Dalam Adat Jawa Perspektif Hukum Islam Wahidah, Wahidah; Sirait, Adi Syahputra
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.v5i1.11036

The focus of this research is the legal sanction for overstepping marriage in Javanese custom from the Perspective of Islamic Law in Labuhan Labo Village, Padangsidimpuan Tenggara District. The research method used is field research with a qualitative approach. .primary data sources, namely research data sources obtained directly from the original source in the form of interviews with the village head, traditional leaders and the community who received the sanction, there were 9 couples in Labuhan Labo Village, while secondary data could be in the form of books, journals, .as well as other supporting sites or resources.data collection technique that is by doing 3 methods in this study, namely by way of interviews, observation, and documentation. .The data analysis technique in this study is descriptive qualitative.The results of this study indicate that the legal sanctions for Steps in Javanese marriages in Labuhan Labo Village, Padangsidimpuan Tenggara District, namely sengadek (a set of clothes), carry out these sanctions when surrendering. .Thus there is the word of Allah in Al-Qur'an Surah An-Nur 32-33 and as for the conditions for marriage in Islamic law there is no condition for marriage until it is permitted by his brother, but because in Javanese custom it is a condition for marriage when you want to step over your brother nya, then society.apply these rules.

Dampak Game Online Terhadap Keharmonisan Rumah Tangga Hasibuan, Selli Mariyana; Sirait, Adi Syahputra
Jurnal El-Thawalib Vol 3, No 5 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i5.6209

Family harmony is a condition where family members are full of calm, tranquility, love, mutual understanding, dialogue and good cooperation between family members. Family harmony can be seen with the responsibility in fostering a family based on mutual respect, mutual acceptance, respect, mutual trust and love for each other. A harmonious family is a family that can lead a person to live a happier, more worthy and more peaceful life. Family harmony is characterized by unified relationships, open communication and warmth among family members. A harmonious family is a condition where all members carry out their respective rights and obligations, there is love, mutual understanding, good communication and cooperation between family members. A harmonious family is a happy and positive place to live, because family members have learned several ways to treat each other well. Family members can support each other, give love and have an attitude of loyalty, communicate openly between family members, respect each other and enjoy togetherness. However in today’s era, and the development of technology such as cellphones and so on, where this cellphones is one of the causes of the destruction of domestic life that has been built for years, and many families who used to be harmonious families have become destroyed by one of the games on the cellphone, namely online games, which is where the online game became one of the triggers for the destruction of the family. Because these online games have been played by many people, not even fathers and mothers, there are also many who play online games so that they forget their responsibilities and obligations as the head of the household and so on. So that online games have a very bad effect on household harmony

Pemerkosaan Pada Anak Harahap, Syaiful Akhyar; Nasution, Muhammad Arsad; Sirait, Adi Syahputra
Jurnal El-Thawalib Vol 2, No 4 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v2i4.4238

The fundamental problem in this study is the Analysis of Padangsidimpuan District Court Decision No. 109/PiD.Sus/2020/PN/Psp concerning Child Rape. This study was conducted because the authors feel that the legal sanctions given by the judge to the defendant are not in accordance with what the defendant did to the victim. Sus/2020/PN/Psp and what are the reasons for the judge in imposing sanctions on the decision number 109/PiD.Sus/2020/PN/Psp.This research was conducted at the Makassar District Court. The research method used is library research method and field research method. The data obtained both primary data and secondary data from interviews and documentation were processed and analyzed qualitatively and presented descriptively.The results of the study include: the application of sanctions to the Padangsidimpuan District Court's decision Number 109/PiD.Sus/2020/PN/Psp has not provided a deterrent effect to the defendant, because from 2017-2019 data, cases of decency in children increase every year. so that the author assumes that the sanctions given by the judge to the defendant have not provided a deterrent effect to the defendant. From this case the judge has not considered the defendant's intentions and plans to commit immoral acts to the child. Even though the child will become the next generation or generation of the nation, therefore according to the author, the sanctions given by the judge are not appropriate for the defendant.

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