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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Al-Tahrir: Jurnal Pemikiran Islam FIAT JUSTISIA: Jurnal Ilmu Hukum Jurnal Akta SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Edukasi Islami: Jurnal Pendidikan Islam Journal of Humanities and Social Studies Pena Justisia: Media Komunikasi dan Kajian Hukum Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Akademika : Jurnal Pemikiran Islam Al-Istinbath: Jurnal Hukum Islam Jurnal Penelitian Pendidikan Indonesia SASI Madania: Jurnal Kajian Keislaman
Pagar, Pagar
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Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Integration of Islamic Law and Customary Law in the Marriage of Muslim Community in the Pakpak Dairi Ethnic Group Sanif, Muhammad; Pagar, Pagar; Irham, M. Iqbal
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 2 (2021): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i2.3351

Abstract

This research elaborates on the implementation of traditional marriage customs among the Muslim community of the Pakpak tribe in Dairi district, including its forms, causes, and the impact of influence, along with an analysis of the integration between Islamic law and customary law in the marriage process of the Pakpak Dairi Muslim community. The type of research used in this dissertation is juridical empirical research, employing data collection techniques from field studies and literature. The data collection tools include document studies, interviews, and observations. Subsequently, the data is processed and analyzed descriptively using various theories as analytical tools, such as the 'urf (customary law), Maslahah (public interest), Receptio Exit and Recptio a Contrario, and Legal Awareness. First, the implementation of traditional marriage customs among the Muslim community of the Pakpak tribe in Dairi district is divided into five stages. Preparation stage, which includes; Mangririt/mengindangi, Simerberum, Mersiberren Tanda Burju, Menglolo/mengkata utang  and Muat nakan, and tangis berru sijahe. Second, the integration of Islamic law and customary law in the marriage customs of the Pakpak Dairi Muslim community can be seen from three perspectives. 1) Form of integration, which includes the following elements; Determining the wedding day and date using the Islamic calendar, Conducting the khataman Alquran before the marriage contract, Reciting verses from the Holy Quran during the marriage ceremony, Offering a lightweight dowry, Providing words of advice,Reciting solawat syaroful Anam  such as barjanzi and Marhaba and Reciting additional prayers. 2) Causes of integration, such as the emergence of new ideas considered better, strong religious beliefs, fanaticism, and a willingness to learn about religion. 3) Impact of integration, including the following aspects; the emergence of legal awareness among the community, religious and customary leaders gaining equal authority and credibility and the development of religious understanding and the adoption of religious attitudes among the community.
Giving Tuor At Mandailing Tribe Marriages Compilation Perspective Of Islamic Law In Mandailing Natal Aripin, Musa; Pagar, Pagar; Marpaung, Watni
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.3889

Abstract

The issue of tuor (the amount of money given by the groom to the bride upon the agreement of both families) in the Mandailing tribe is interesting to be studied. This is quite reasonable because the problem of tuor, on the one hand can actually make a number of marriage plans forced to be canceled. At the same time the majority of the Mandailing tribe are devout adherents of Islam. While Islam itself has the same concept as the tuor, namely dowry. Testing tuor at the application level is something that must be done to measure the extent of the phenomenon. On the other hand, measuring tuor conceptually is also needed to provide a complete view. The results showed that the tuor and dowry in the KHI have the same substance, namely the obligatory gift from the prospective husband to the prospective wife. However, the provision of tuor has advantages, namely the philosophy used in determining tuor. Holong (compassion) and Saanak Saboru (feeling that the groom’s family has considered that the bride is their daughter and vice versa). Thus it can be stated that the determination of the amount of tuor will not burden the bridegroom, because the groom in giving tuor is motivated by affection, and at the same time the parents of the bride-to-be will also not ask for something that can burden the bridegroom
OPTIMIZATION OF ZAKAT MANAGEMENT BY BKM MASJID IN MEDAN CITY PERSPECTIVE OF LAW NO.23 OF 2011 Halim, Abdul; Pagar, Pagar; Tanjung, Dhiauddin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.3945

Abstract

Law No. 38 of 1999, later amended by Law No. 23 of 2011 on the Administration of Zakat, provides the legal basis for the administration of zakat in Indonesia. These laws and regulations recognise only two entities, namely the National Zakat Amil Agency (BAZNAS) and the Zakat Amil Institution (LAZ), as the legal managers of zakat in Indonesia. In Medan, there are two types of amil zakat, as well as community-formed amil-amil zakat who manage zakat at the mosque level, specifically for zakat fitrah. It is important to note that some of these mosque-level Amils have been approved by the state through a sub-unit framework known as the Zakat Collection Unit (UPZ). Meanwhile, some of these amil-amil have not yet been approved by the state and are only based on the policies of the Prosperity Board (BKM) of each mosque. In Islamic Jurisprudence, the appointment of an amil is carried out by the authority of the caliph/sultan (state). In this case, the amil's position is as a representative of the zakat mustahik. It is important to note that the appointment of an amil should be approved by the state to ensure compliance with Islamic Jurisprudence. This research aims to address three problems related to the establishment and management of zakat at the mosque level in the city of Medan, according to Law No. 23/2011. Specifically, the research will examine: 1) the procedure for establishing zakat amil at the mosque level, 2) the management of zakat by the zakat amil at the mosque level, and 3) ways to optimise the management of zakat by the zakat amil at the mosque level. The language used is clear, objective and value-free, with a formal register and precise word choice. The text follows conventional structure and format, with a consistent style of quoting and footnoting. The sentences and paragraphs create a logical flow of information with causal links between propositions. The content has not been changed. This research has identified three key findings in this area. Firstly, the procedure for establishing Amil Zakat at the mosque level in the city of Medan is based on the policy of each mosque administrator (BKM). Secondly, the BKM's policy is then confirmed (validated) through the UPZ system by the National Amil Zakat Agency (BAZNAS) of the city of Medan. Finally, it is recommended that a more standardised procedure be implemented to ensure consistency across all mosques in the city. Zakat administration at the mosque level in the city of Medan is an ancillary activity that takes place only during the month of Ramadan and mainly within the framework of Zakat fitrah. During the collection phase, Amil opens a zakat booth at the mosque or at the BKM office, and potential muzakis come to the mosque to pay their zakat. Mosque Zakat Amil uses two methods: the coupon method and the delivery method for the distribution stage to the mustahik. Under the voucher system, a Muslim must present a voucher at the mosque in order to collect his zakat. Currently, the optimisation of zakat management in mosque zakat amil is limited to the collection and distribution stages, without taking into account the utilisation of zakat. Optimising Zakat collection is achieved through Zakat education, specifically by choosing recitation or lecture topics that focus on Zakat and by starting the Zakat collection period at the beginning of the month. During the distribution stage, optimization is achieved by prioritising mustahik selection, with a focus on actual mustahik. This research has found that there is little coordination between the Zakat Amil of the mosque and the BAZNAS, as well as between the Zakat Amil of the other mosques. It is important to address this issue in order to improve the effectiveness of the Zakat distribution.
The Position of Deaf Witnesses in Proving Divorce (Syiqaq) Cases in Religious Courts handoko, riki; Pagar, Pagar; Tanjung, Dhiauddin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4011

Abstract

  Abstract                                                                          Based on article 22 of PP Number 9 of 1975, article 76 of Law Number 7 of 1989 and article 134 of Presidential Instruction Number 1 of 1991, Divorce (syiqaq) where disputes and quarrels are continuous must be proven by witness testimony, so The position of the witness is an important thing in deciding a divorce case. Witnesses who are present in court must materially see, hear and experience directly the legal events that occur, this must be in accordance with article 172 HIR/308 Rbg in conjunction with article 76 Law Number 7 of 1989. Meanwhile, in Islamic law, the position of deaf witnesses is that the majority of ulama seemed to have absolutely no tolerance for their opportunity to be witnesses. They agreed that hearing what the parties said and understanding what they meant was an absolute requirement for witnesses. The argument is because something that is the object of the witness is words. Law No.19/2011 about concerning ratification of the CRPD and the principle of Equality Before the Law also states the same thing, which does not differentiate between people in person. trial, while formally a deaf witness is not a mentally disabled witness, he just lacks hearing but can see and judge events well._________________________
The Implementation of Legal Istinbath Results at LBM MUDI Mesjid Raya Samalanga Abdullah, Abdullah; Pagar, Pagar; Ardiansyah, Ardiansyah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4792

Abstract

This study explores the application of the LBM MUDI Mesjid Raya's legal istinbath results (jurisprudential reasoning) at Samalanga, focusing on their methods and approaches to legal decision-making. Employing phenomenological and sociological approaches, the research integrates qualitative field and library research to analyze legal phenomena within social and religious contexts. Key participants included the chairman and officials of Lajnah Bahtsul Masail (LBM), as well as scholars from Dayah Mudi Mesra Samalanga, Aceh. Data collection methods comprised in-depth interviews, direct observation, and document analysis. The data were analyzed by using a grounded theory approach, adhering to Miles and Huberman's stages of data reduction, data display, and conclusion drawing. The findings indicated that the approach of LBM MUDI Mesjid Raya is based on a systematic istinbath method and a qauli method that prioritizes classical texts. Their decision-making process incorporates multi-perspective problem analysis, consideration of the legal impact on social, political, and economic dimensions, and alignment with the principles of Ahlu al-Sunnah wa al-Jama'ah. The two stages of discussion, which include both members and leadership, make sure that there is full discussion and careful thought. They do this by combining traditional textual bases with modern situations to uphold the principle of maslahah (public interest). The ilhaq masail bi nadhairiha method generates solutions for issues beyond the scope of classical qauli methods. This illustrates LBM's adaptability in addressing contemporary issues while maintaining a commitment to classical Islamic principles, demonstrating a balance between tradition and modern relevance.
Impelementasi Undang-Undang Pokok Agraria dalam Pemenuhan Asas Keadilan Menurut Perspektif Hukum Islam Muthalib, Abdul; Pagar, Pagar; Harahap, Arifuddin Muda
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5039

Abstract

Undang-Undang Pokok Agraria (UUPA) merupakan landasan hukum yang penting dalam mengatur pemanfaatan dan pengelolaan sumber daya agraria di Indonesia. Asas keadilan menjadi salah satu prinsip utama yang diupayakan dalam implementasi UUPA, yang bertujuan untuk menciptakan distribusi yang adil dan merata bagi seluruh lapisan masyarakat. Artikel ini menganalisis bagaimana implementasi UUPA dalam memenuhi asas keadilan tersebut jika dilihat dari perspektif hukum Islam. Hukum Islam menekankan pentingnya keadilan distributif, pengelolaan sumber daya yang bijaksana, serta perlindungan hak-hak masyarakat yang lemah. Penelitian ini menggunakan metode studi pustaka dengan mengkaji literatur terkait UUPA, hukum agraria, dan prinsip-prinsip keadilan dalam hukum Islam. Hasil penelitian menunjukkan bahwa terdapat keselarasan antara nilai-nilai keadilan dalam UUPA dan konsep keadilan dalam hukum Islam, terutama dalam hal distribusi hak atas tanah dan pengelolaan sumber daya agraria. Namun, masih terdapat tantangan dalam implementasi prinsip-prinsip ini, seperti masalah ketimpangan akses dan konflik agraria yang membutuhkan penyelesaian berkeadilan sesuai dengan tuntunan Islam. Artikel ini menyimpulkan bahwa untuk mencapai keadilan substantif dalam pengelolaan agraria, diperlukan sinergi antara hukum nasional dan prinsip-prinsip keadilan dalam hukum Islam.
Application of the Simple, Fast and Light Cost Principles in the Determination of Time for Case Settlement in the Religious Court / Syar’iyah Court in Perspective of Maqashid Syari’ah Siregar, Dangas; Pagar, Pagar; Harahap, Arifuddin Muda
JURNAL AKTA Vol 10, No 4 (2023): December 2023
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v10i2.34031

Abstract

Courts under the Supreme Court of the Republic of Indonesia are always in the spotlight of the public and the media both about their performance and about the weaknesses and shortcomings in these institutions as judicial institutions that carry out the mandate of the provisions of the law. the determination of the time period for case settlement in various courts including the Religious Courts and the Syar’iyah Court quickly as mandated by the provisions of the Law which regulates that judicial procedures must be based on the principles of simple, fast and light costs. In reality, in judicial proceedings that take place in the Religious Courts and in the Syar’iyah Court, not always the principles of simplicity, speed and low cost can be applied. Often there are cases whose resolution takes a protracted time so that the litigants themselves certainly feel tired of undergoing all the existing judicial processes. When viewed from the point of view of Islamic law, a decision / law that is born by humans must actually be in line with the intent and purpose of the Islamic law itself or known as Maqashid al-Syari’ah. In this study using the type of library research (library research), the object of this research is a court decision, the nature of this research is Descriptive-analytic and Qualitative Data Analysis. The results of the study concluded that from the point of view of Maqashid al-Syari’ah, the application of the principles of simple, fast and light costs in case settlement in the Religious Courts and the Syar’iyah Court is classified as the application of Maqashid at the hajiyyah level, namely to provide convenience for justice seekers in obtaining access to justice as fair as possible.
Reconstruction of Consumer Protection Law in the Settlement of Islamic Banking Disputes Rahmadani, Gema; Nasution, Zulkarnain; Pagar, Pagar; Victoria, Ong Argo
Fiat Justisia: Jurnal Ilmu Hukum Vol. 19 No. 4 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v19no4.4506

Abstract

The rapid growth of Islamic banking in Indonesia has not been matched by an adequate consumer protection framework, particularly in resolving disputes between customers and Islamic banking institutions. Law No. 8 of 1999 on Consumer Protection remains general and does not accommodate the specific characteristics of Islamic economic law, creating normative inconsistencies and ambiguity in dispute resolution. This study uses a normative legal approach to analyze legislation, DSN-MUI fatwas, and court decisions, and finds a regulatory gap rooted in contractual justice and maqashid syariah principles. This gap risks disadvantaging consumers, especially regarding transparency, the prohibition of usury, and protection from harmful practices such as gharar and maysir. The study concludes that reconstructing consumer protection law to incorporate Sharia-based norms and clearer dispute resolution mechanisms is essential for realizing a fair and sustainable Islamic banking system in Indonesia.
Co-Authors A Halim Abdul Muthalib Abdullah Abdullah Akhyar, Syaiful Amar Adly, Muhammad Ansari Ansari ARDIANSYAH ARDIANSYAH Aripin, Musa Arrasyid, Fauzan Asmuni Asmuni Harahap, Abd. Rahman Harahap, Arifuddin Muda Harahap, Rifnatul Hasanah Heri Firmansyah Irham, M. Iqbal Khair, Nispul Latip, Muhammad Lubis, Akma Qamariah Lubis, Fauziah M. Yasir Nasution, M. Yasir Matsum, Hasan Mohd Roslan Mohd Nor, Mohd Roslan Mohd MS, Anwar Muhamad Hasan Sebyar Muhammad Zulfadli Nasution Nasution, Adelina Nispul Khoiri Nurasiah Nurasiah Nurhadi Rahmadani, Gema Rahmadany, Rahmadany Ramadhan Syahmedi Siregar Sanif, Muhammad Siddik, Ibnu Radwan Siregar, Dangas Siregar, Fikri Bayu Sukiati Sukiati Syafruddin Syam Syamsiar, Syamsiar Tanjung, Dhiauddin Tunip, Ibnu Radwan Siddik Uwem, Imoh Emmanuel Victoria, Ong Argo Wati, Asrat Nita Watni Marpaung Zuhirsyan, Muhammad Zulham, Zulham Zulkarnain Nasution