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All Journal El-Mujtama: Jurnal Pengabdian Masyarakat As-Syirkah: Islamic Economic & Financial Journal
Amin, Muhammad Habibul
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Religion Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Social Sciences Other

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Praktik Tindak Pidana Gratifikasi Perspektif Sosiologi Korupsi Amin, Muhammad Habibul; Supriyadi, Dedy; Lubis, Fauziah
As-Syirkah: Islamic Economic & Financial Journal Vol. 3 No. 3 (2024): As-Syirkah: Islamic Economic & Financial Journal 
Publisher : Ikatan Da'i Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56672/5nsmq017

Abstract

This article aims to identify the phenomenon of the practice of criminal acts of gratification in administrative services using a fraud theory perspective, as well as to analyze the factors that support the development of legal culture around this practice in society. Corruption in Indonesia is a serious problem that is widespread in society. From a sociological point of view, corruption is seen as a widespread social phenomenon because of its significant impact on various aspects of life. One common example of a criminal act of corruption is the practice of gratification, where individuals provide gifts or gifts with a specific purpose. This research uses a qualitative approach with a literature review method, where the process includes comprehensive collection, analysis and interpretation of visual data narratives. The aim is to obtain a deep, comprehensive and thorough understanding of the culture of gratification practices in society from the perspective of sociological studies of corruption. The analysis of this article shows that the practice of giving gifts occurs because the person who does it feels pressure, opportunity, and reason to do so in an administrative service situation. In addition, there is also a phenomenon in society where giving gifts is considered a normal and accepted way to express gratitude to those who provide assistance.
Penetapan Kuasa Asuh Terhadap Anak di Bawah Umur Pasca Perceraian: Analisis Putusan Pengadilan Agama Lubuk Pakam Nomor 0197/Pdt.G/2021/PA.Lpk Amin, Muhammad Habibul; Harahap, Mhd. Yadi
El-Mujtama: Jurnal Pengabdian Masyarakat  Vol. 4 No. 5 (2024): El-Mujtama: Jurnal Pengabdian Masyarakat
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/elmujtama.v4i5.3557

Abstract

This article aims to investigate how the process of determining custody of children who have not yet reached the age of majority or who are not mumayyiz after divorce is in accordance with Indonesian laws and regulations, as well as how the law is applied in handling disputes related to this issue. This article applies a normative juridical research approach as an analytical tool to examine and interpret legal data contained in legislation, especially Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law and Presidential Instruction No. 1 of 1991. The results of the article show that firstly, although the Law on Marriage does not specifically regulate the process of determining custody of children under the custody of children who have not reached the age of majority after divorce, this issue is regulated in detail in Article 105 and Article 156 Compilation of Islamic Law. Determination of child custody is based on considerations of morality, health, and the parents' ability to educate children, which aims to ensure the child's primary interests. Second, law enforcement in resolving disputes related to determining child custody is still not fully in line with current needs, so it is necessary to revise Law Number 1 of 1974 concerning Marriage and KHI to better meet current demands. The judge's considerations in determining custody are not only based on formal legal aspects of written legal rules, but can also be based on moral considerations, social values, including paying attention to environmental conditions, exploring the track records of both parents and the psychology of the children in the family at that time.
Co-Authors Dedy Supriyadi Harahap, Mhd. Yadi Lubis, Fauziah