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All Journal Jurnal Darussalam: Jurnal Pendidikan, Komunikasi dan Pemikiran Hukum Islam Unes Law Review ARBITER: Jurnal Ilmiah Magister Hukum LEGAL BRIEF
Mukhsin, Abdul
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Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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Proses Mediasi Perceraian di Kalangan PNS di Kota Padang Sidempuan Setiadi, Afifah Farha; Mukhsin, Abdul
ARBITER: Jurnal Ilmiah Magister Hukum Vol 7, No 1 (2025): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v7i1.6107

Abstract

Marriage is a physical and spiritual bond between a man and a woman, which is expected to create a sense of sakinah, mawaddah, and warahmah. To achieve this in marriage requires an attitude of mutual understanding and comprehension, especially those related to the rights and obligations of a husband and wife. In married life, one thing that cannot be avoided is conflict. One of the factors causing conflict is that the rights that must be obtained are not fulfilled or the obligations of one party are not carried out. Other reasons can result in a dispute between the two parties, so mediation is needed to resolve the problems that occur. The dispute may result in divorce. In the divorce process, mediation will be carried out with the aim of considering whether the household can still be maintained. This study aims to describe and analyze the capacity of the mediator in the mediation process that occurs among Civil Servants. This study uses a qualitative descriptive method. This study uses primary data and secondary data. Based on the results of data analysis, it was found that the average divorce rate in Civil Servants (PNS) in Padangsidimpuan City Agencies was 4.4 people/year or 0.79%. The effectiveness of mediators in resolving problems in the divorce process is considered less effective.
Review of Islamic Criminal Law on the Crime of Blasphemy (Case Study in Tebing Tinggi City) Rambe, Choirul Hamdan; Mukhsin, Abdul
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i5.1164

Abstract

Freedom of religion is a human right that must be respected. In accordance with Article 28e, Paragraphs 1 and 2, of the 1945 Constitution, the Indonesian state provides freedom of religion and constitutional guarantees to its citizens. Social interaction is increasingly limitless due to the rapid development of technology and information. Currently, there are still many crimes committed through social media—also known as cyberspace—which are carried out via the internet. This includes online fraud, online prostitution, pornography, defamation, and even posting words that are hate speech in a religious context, namely blasphemy. One type of behavioral deviation and criminal act that is included in the realm of ethnicity, religion, race, and inter-group (SARA) is blasphemy. This study aims to collect reviews of Islamic criminal law regarding the violation of blasphemy in Tebing Tinggi. This study was conducted using normative legal research methods or library research. Primary and secondary data are the data sources used. In this study, the data collection used is documentation, which means facts and data contained in the text of laws or books related to the subject that has been examined by the author. This study found that, in Islamic criminal law, the crime of blasphemy can be likened to the crime of riddah and is punished according to the punishment of riddah, namely murder. On the other hand, in Indonesia, positive law also regulates blasphemy, especially Article 156a (KUHP), which stipulates that the legal sanction for perpetrators of blasphemy is a five-year prison sentence
Sanksi Pidana Terhadap Pelanggaran Hak Cipta Situs Layanan Streaming Sepak Bola dalam Perspektif Hukum Pidana Islam Munif Hanafi, Al; Mukhsin, Abdul
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1257

Abstract

The background to this investigation is the rise in piracy and piracy of soccer streaming services, which are often exploited for individual and collective benefit. Such infringements result in significant losses for the copyright licensors of soccer streaming services. This type of research includes documents, books, legal research results, law journals, and library searches using the Internet. This type of research is qualitative research that uses a descriptive analytical format and a prescriptive legal approach. Specifically, legal research is analyzed based on legal norms and legal norms. In terms of Islamic criminal law, the criminal penalty for copyright infringement on a football streaming service is amputation if the stolen goods reach the Nishab. On the other hand, according to positive law, the penalty is a maximum of four years imprisonment and/or a fine of up to one billion rubles (one billion rupiah). In this investigation, the crime of copyright infringement of soccer streaming services is considered Jarimah Sariqah. Jalima Sarika is the act of an amkaraf (an adult, alert, and healthy person) removing another person's property from a storage location without their permission or consent for the purpose of possessing or controlling it (in secret) for a period of time. is. Owner Nisab.
Istimna’ Bi Yadin Nafsi Bagi Pasangan Long Distance Marriage (LDM) Menurut Ulama Kota Medan Prayoga, M. Kevin; Mukhsin, Abdul
Jurnal Darussalam: Jurnal Pendidikan, Komunikasi dan Pemikiran Hukum Islam Vol. 15 No. 2 (2024): April 2024
Publisher : IAI Darussalam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30739/darussalam.v15i2.3191

Abstract

The aim of this research is to find out the law of carrying out istimna’ bi yadin nafsi (masturbating with one’s own hands) for long distance marriage couples according to Islamic law, and to find out how to maintain harmony in LDM couples according to Islamic law. This research is a qualitative research type of empirical juridical research, using two primary and secondary data sources. The primary data source comes from interviews with functionaries of the Indonesian Ulema Council (MUI) Medan City, and secondary data comes from books and literature related to research topic. The results of this research show that the law of carrying out istimna’ bi yadin nafsi for long distance marriage (LDM) couples in Islam is a complex issue among ulama. In the rules of fiqh, the principle “a real benefit must take precedence over mafsadah that is not yet real” is applied. Some Ulama in the city of Medan allow istimna’ yadin nafsi (masturbating with one’s own hands) for couples undergoing long distance marriages, with conditions and approval from both, and some other Ulama do not allow this practice because they hold the view that it is better to maintain chastity. And avoiding actions that could have a negative impact on the relationship.
Co-Authors Munif Hanafi, Al Prayoga, M. Kevin Rambe, Choirul Hamdan Setiadi, Afifah Farha