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All Journal JURNAL PENGABDIAN KEPADA MASYARAKAT Al-Hayat: Journal of Islamic Education Ganaya: Jurnal Ilmu Sosial dan Humaniora Al-Iktisab: Journal of Islamic Economic Law ISLAMIC BUSSINESS LAW REVIEW JURNAL PENDIDIKAN TAMBUSAI Unes Law Review Al-Kharaj: Jurnal Ekonomi, Keuangan & Bisnis Syariah RESLAJ: RELIGION EDUCATION SOCIAL LAA ROIBA JOURNAL Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam LEGAL BRIEF El-Mujtama: Jurnal Pengabdian Masyarakat INTERNATIONAL JOURNAL OF CULTURAL AND SOCIAL SCIENCE Journal Of Human And Education (JAHE) QISTINA: Jurnal Multidisiplin Indonesia IIJSE ISLAMIC BUSSINESS LAW REVIEW
Tarigan, Tetty Marlina
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Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Nursing Physics Public Health Social Sciences Other

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Legal Consequences on the Loss of Collateral at Setia Budi Islamic Pawnshop Medan City from the Perspective of Maslahah Mursalah Azzahra, Vita; Tarigan, Tetty Marlina
AL-IKTISAB: Journal of Islamic Economic Law Vol. 8 No. 2 (2024)
Publisher : University of Darusssalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/aliktisab.v8i2.13327

Abstract

The loss of collateral items in Islamic pawnshop raises several legal consequences that need to be managed to remain it in accordance with sharia principles and public welfare. This research aims to examine the legal consequences on the loss of collateral at Setia Budi Islamic pawnshop Medan city from the perspective of maslahah mursalah. This research used qualitative method, field research, with empirical research. The results, the loss of collateral items in Islamic pawnshop can lead to legal disputes between the pawnshop and customers, and the application of maslahah mursalah principles can provide solutions to these disputes. The application of maslahah includes the protection of customers' property rights, maintaining the reputation and credibility of Islamic pawnshop, and enhancing public trust. This research shows that the responsibility provided by Setia Budi Islamic pawnshop Medan city is in accordance with Islamic law, which states that the liability in Islamic law is the lowest price or the debt price. Meanwhile, the Islamic pawnshop provides compensation of 5% of the estimated value of the item, not from the loan amount, so the compensation given by Islamic pawnshop is sufficient to cover the losses experienced by the customers. This shows that Setia Budi Islamic pawnshop Medan city are fully responsible for the collateral entrusted to Islamic pawnshop. Thus, this can provide a sense of security and comfort to customers who wish to use the services available at Islamic pawnshop.
Assistance in Legal Counseling Regarding Procedures for Settlement of Land Disputes Through the Legal Authority of Simantek Kuta (in Kuta Rayat Village, Naman Teran District, Karo Regency) Tarigan, Tetty Marlina; Zarkawi, Ahmad Farhan
QISTINA: Jurnal Multidisiplin Indonesia Vol 3, No 2 (2024): December 2024
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v3i2.4250

Abstract

In social life, the existence of land cannot be denied from all human actions themselves, because land is a place for humans to live and continue their lives. Therefore, land is needed by every member of society so that it can cause disputes between each other. Land disputes are land disputes involving people, community groups, legal entities and the government. Disputed land is land whose ownership is disputed by two parties competing for ownership of the land as regulated in the regulation of the Head of the Indonesian National Land Agency No. 3 of 2011. This research aims to discuss the authority of the Kuta simantek in the current structure of the Karo indigenous community. in ways of resolving land disputes. This research uses legal sociology methods, using analytical descriptive analysis. Secondary data from primary, secondary and tertiary legal sources was collected through library research and field studies.
Internal Quality Assurance System in Achieving Accreditation Scores for Islamic Religious Higher Education Tarigan, Tetty Marlina; Zahara, Fatimah
Al-Hayat: Journal of Islamic Education Vol 8 No 2 (2024): Al-Hayat: Journal of Islamic Education
Publisher : Letiges

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35723/ajie.v8i2.638

Abstract

This research explores contextual factors and operational dynamics of implementing the Internal Quality Assurance System (SPMI) at several State Islamic Universities in Indonesia, namely Syarif Hidayatullah State Islamic University (UIN) Jakarta, North Sumatra State Islamic University (UINSU), State Islamic University (UIN) Sjech M Djamil Djambek Bukittinggi, Syekh Ali Hasan Ahmad Addary State Islamic University (UIN) Padangsidimpuan, and State Islamic College (STAIN) Mandailing Natal. This type of research is qualitative with a multi-case study approach. Data collection includes documentation, field notes about process dynamics, observations and interviews with the Head of the Quality Assurance Institute (LPM) and Focus Group Discussions with stakeholders such as study program managers, lecturers, students, alumni and university auditors. The validity of the data is ensured through reliability checks, triangulation, member checking, and audit trails. The research results show that in-case analysis examines contextual factors and operational dynamics that are unique to each institution. Various universities are exploring variations in adherence to Total Quality Management (TQM) principles. UIN Syarif Hidayatullah Jakarta's transition to a paperless system through the SIQA application is an example of TQM principles by increasing efficiency and data management in the Internal Quality Audit (AMI) process. UIN Sjech M. Djamil Djambek Bukittinggi faces challenges in auditor capacity and role clarity, requiring organizational adaptation to increase AMI's effectiveness. Overall, this research contributes to the academic discourse regarding internal audit quality and underlines the importance of systems theory and organizational change theory in improving educational quality assurance practices in State Islamic Universities and Colleges.
Utilizing Marhun Bih Based on Mutual Agreement According to Hanafi Fiqh and Syafi'i Fiqh (Case Study of Pegadaian Syariah Branch AR. Hakim Branch, Medan Area District, Medan City) Tambusai, Muhammad Zulfahri; Tarigan, Tetty Marlina
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 8 No 1 (2025): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v8i2.6591

Abstract

The utilization of Rahn collateral in the view of the Shafi'i madhhab and the Hanafi madhhab is very different whereas the Shafi'i madhhab tends to prohibit this implementation because it is feared that there is usury fadhli in its implementation. The Hanafi school of thought carries it out because it considers that this can be done as long as there is permission from the owner of the rahn collateral. This research uses empirical methods and a living case study approach, as well as a conceptual approach. This research took place at Pegadaian Syariah AR Hakim Branch. The results showed that in the provisions of the utilization of collateral, especially. The Shafi'i school of thought puts forward that the use and utilization of Rahn collateral cannot be carried out even with permission. However, according to the Hanafi school, it can be carried out if you get permission from the rahnun at the beginning of the contract. In its relevance in Pegadaian Syari'ah AR Hakim Branch in Medan City itself, the implementation of the utilization of Rahn collateral itself uses the principles of the Hanafi school of thought. Not only that, if you look at the relevance, of the implementation of the utilization of Rahn collateral itself in the community of Medan City, the Hanafi school is more relevant than the Shafi'i school even though the majority of adherents in Medan City are the Shafi'i school. This is due to the habit of the people of Medan City who consider the utilization of rahn collateral to be commonplace as long as no damage occurs.
LEGAL ANALYSIS OF THE TRANSFER OF FUNCTION OF TRADITIONAL LAND INTO OIL PALM PLANTATIONS PERSPECTIVE OF THE MURSALAH PROBLEM Nasution, Miswar; Tarigan, Tetty Marlina
International Journal of Cultural and Social Science Vol. 6 No. 1 (2025): International Journal of Cultural and Social Science
Publisher : Pena Cendekia Insani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53806/ijcss.v6i1.998

Abstract

Customary land is land controlled by certain customary communities in areas spread throughout Indonesia. Customary land law is independent because the existing legal norms are living norms that are followed by sanctions and obeyed by the community and the relevant institutions. In the transfer of the function of customary land by the private sector to customary land, it certainly gives a negative response from the community. Maslahah mursalah becomes a source of law where the taking of the land is detrimental to the community, because all sources of life from customary land have provided prosperity, especially if the private sector builds oil palm plantations, the community loses the land that supports various lives. This study uses a normative type taken from library materials.
Consumer Protection Against Overclaims of SS Skin Skincare Product Composition, Ibnu Taimiyah's Perspective Hasibuan, Siti Erika Jumintan; Tarigan, Tetty Marlina
LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i2.1281

Abstract

This study examines consumer protection against overclaim practices in the marketing of SKINCARE SS Skin products from Ibn Taimiyah's perspective. Overclaim practices, such as excessive claims regarding the percentage of content or the use of prohibited claims, have the potential to harm consumers both materially and immaterially. This study uses a normative method with a statutory and conceptual regulatory approach. Data were collected through document studies and interviews, then analyzed descriptively qualitatively. The results of the Ibn Taimiyah perspective study, this practice is included in the category of gharar (fraud) and provides false information, which is contrary to the principle of justice in transactions, indicating that overclaim practices in the marketing of SKINCARE SS Skin products violate consumer rights and the obligations of business actors as regulated in Article 3 paragraph (2) of BPOM Regulation Number 3 of 2022, Article 3 of BPOM Regulation Number 32 of 2021, and the Consumer Protection Law. Losses caused by overclaim practices include material losses, such as money spent on unsuitable products, as well as immaterial losses, such as skin health problems and emotional disappointment. Therefore, business actors are required to be responsible for consumer losses in accordance with Articles 19-20 of the Consumer Protection Act, Articles 1365-1367 of the Civil Code, and the provisions of sanctions in BPOM Regulation Number 3 of 2022
Legal Analysis of Regional Government Obligations to Provide Burial Land from the Maslahah Mursalah Perspective (Case in Brohol Village, Sei Suka District, Batu Bara Regency Irawan, Ryan; Tarigan, Tetty Marlina
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1370

Abstract

This study aims to analyze the government's obligation to provide burial land based on the perspective of positive law in Indonesia and the theory of maslahah mursalah in Islamic law. This study focuses on the case of Brohol Village, Sei Suka District, Batu Bara Regency, which faces the unavailability of burial land due to the lack of attention and active role from the government. The research method used in this study is empirical juridical. The approach used by the researcher is a qualitative approach with descriptive analysis. with primary data collection based on observation and interviews while secondary data is based on literature studies. The results of this study indicate that Brohol Village still does not have land for burial. Based on the Law and the perspective of maslahah mursalah, the Regional Government and Village Government have an obligation to provide burial land used for the Brohol Village community. However, in reality, the government has not yet fulfilled this obligation until the time this research was conducted
Lawsuit Against the Regent of Deli Serdang Regarding the Appointment of an Interim Village Head in Buah Nabar Village from a Fiqh Siyasah Perspective (Analytical Study of Ptun Number 42/G/2021/Ptun. Medan) Simorangkir, Suhrawardi; Tarigan, Tetty Marlina
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1365

Abstract

This study aims to analyze the verdict of the Medan Administrative Court (PTUN Medan) Decision Number 42/G/2021/PTUN.MDN regarding the lawsuit against the Regent of Deli Serdang concerning the interim appointment of a village head in Buah Nabar Village, Sibolangit Sub-district, Karo Regency, which resulted in certain parties feeling disadvantaged. Additionally, this study seeks to analyze the fiqh siyasah (Islamic political jurisprudence) perspective on the decision of PTUN Medan Number 42/G/2021/PTUN.MDN regarding the lawsuit filed against the regent for the interim appointment of a village head. This research is normative in nature, employing qualitative normative analysis. It involves a document study approach using various secondary data sources such as legislation, legal norms, and court decisions
Legal Protection Against Unilateral Cancellation for Tenants of Shophouses Built on Cultivated Land Based on DSN-MUI Fatwa No. 112/DSN-MUI/XI/2017 Husni, Zahra Chairawani; Tarigan, Tetty Marlina
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1407

Abstract

The issue of legal protection for shophouse tenants who experience unilateral cancellation due to unclear land status, particularly when the shophouse is built on cultivated land, remains a significant challenge in Indonesia's business sector. This study employs a normative legal method by analyzing laws and regulations, fatwas, and relevant literature, with a focus on the application of DSN-MUI Fatwa No. 112/DSN-MUI/XI/2017 concerning the ijarah contract. The findings indicate that tenants are highly vulnerable to financial losses and business disruptions when shophouse owners unilaterally terminate leases, especially when land ownership status is uncertain. The fatwa provides a sharia-based explanation emphasizing the importance of ownership clarity, mutual agreement, and fair compensation in lease contracts. The implementation of DSN-MUI Fatwa no. 112/DSN-MUI/XI/2017 is considered a potential solution to address unilateral cancellations, offering legal certainty and protection for all parties, as well as serving as a basis for recommendations to policymakers and business actors in creating fair and sharia-compliant lease agreements.
Tela’ah Terhadap Produk Pemikiran Permusyawaratan Ulama Di Sumatera Timur Tarigan, Tetty Marlina
ISLAMIC BUSSINESS LAW REVIEW Vol 1, No 1 (2017): ISLAMIC BUSSINESS LAW REVIEW
Publisher : Fakultas Syari'ah dan Hukum UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/iblr.v1i1.1364

Abstract

Adanya tiga ruang penting sebagai kajian pusat perhatian terhadap pergulatan normatif dan kognitif serta bersemainya pluralisme hukum dalam pergeseran etnik Melayu Deli di Sumatera Utara (dahulu Sumatera Timur), yaitu: pertama, ruang kebijakan atau regulasi formal yang terbangun secara historis di tanah Deli oleh Kesultanan Deli , kedua,  ruang peradilan (putusan hakim) tempat ragam aturan terkait sengketa masyarakat etnik Melayu Deli diberi tafsir secara khas oleh penguasa peradilan. Ketiga, ruang pergumulan rakyat atau masyarakat adat Melayu Deli yang menjadi subjek sekaligus objek yang berhadapan langsung dengan keberagaman tafsir atas hak-hak yang sediakala ada padanya.36    Kata Kunci: Tela‟ah, Produk Pemikiran, Permusyawaratan Ulama, Sumatera Timur
Co-Authors Adelia, Indah Ayu, Nining Dia Azzahra, Vita Bahri, Zulfa Hannum Dewi, Almira Kemala Fadhilah, Nafa Dwi Fatimah Zahara Fitriyanti, Aulia Hasibuan, Siti Erika Jumintan Herdi, Novantri Husni, Zahra Chairawani Irawan, Ryan Juwita, Gina Nasution, Miswar Nasution, Putri Firyal Ariqah Rahayu, Putri Rapiq Rambe, Sari Putri simorangkir, Suhrawardi Sirait, Sri Wardani Sri Wahyuni Syafruddin Syam Syahfitri, Nadia Syaufi Ginting, Muhammad Ramanda Alif Tambusai, Muhammad Zulfahri Winnugroho Wiratman, Manfaluthy Hakim, Tiara Aninditha, Aru W. Sudoyo, Joedo Prihartono Zarkawi, Ahmad Farhan