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Opportunities and Challenges of Implementing the Minister of Foreign Affairs Regulation in the Practice of Buying and Selling Used Clothes Kawakib, Kawakib; Zaman, Q.
Syarah: Jurnal Hukum Islam dan Ekonomi Vol. 14 No. 1 (2025): SYARAH : Jurnal Hukum Islam dan Ekonomi
Publisher : Fakultas Syariah Institut Agama Islam Negeri Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/syarah.v14i1.6066

Although there is a ban on the import of used clothing as stipulated in the Regulation of the Minister of Trade Number 51/M-DAG/PER/7/2015. However, the practice of buying and selling imported used clothing in Central Market, Pontianak City is still quite rampant. This study aims to analyze the opportunities and challenges in the implementation of the Minister of Trade Regulation Number 51/M-DAG/PER/7/2015 in the context of the local economy. The research method used was a qualitative approach by conducting in-depth interviews with traders, suppliers, and government officials. The results show that the practice of selling used clothing continues due to high consumer demand for affordable and quality products. There is a gap between policy and reality on the ground, where traders continue to sell used clothing to meet market needs. Thus, there is a need for dialog between the government and business actors to formulate policies that are more inclusive and responsive to the needs of local market consumers, especially in Pontianak City.

NILAI-NILAI ‘URF DALAM TRADISI BHEN GHIBEN PADA PERKAWINAN MASYARAKAT MADURA DI KELURAHAN SIANTAN TENGAH Faizah, Amelia; Ardiansyah, Ardiansyah; Zaman, Q.
Al-Usroh Vol. 5 No. 1 (2025): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/alusroh.v5i1.4515

This study aims to thoroughly examine the practice of the Bhen Ghiben tradition in marriages among the Madurese community in Siantan Tengah Village, as well as to analyze the embedded 'urf values as part of a local culture that is still preserved to this day. The research was conducted using a qualitative-descriptive approach through field research methods, where primary data were obtained from in-depth interviews with community leaders and cultural practitioners, while secondary data were collected from literature reviews related to the Bhen Ghiben tradition and the concept of 'urf in Islamic law. Data collection techniques included interviews and documentation, while data analysis employed an interactive model encompassing data reduction, data presentation, verification, and conclusion drawing. The results show that the implementation of Bhen Ghiben begins two to three months before the wedding, initiated by a deliberation between families to determine items such as household furniture, clothing, and traditional food. On the wedding day, these items are symbolically handed over by the groom's family to the bride's family. This tradition is not merely a customary obligation, but also contains strong 'urf values, including responsibility, mutual cooperation, mutual respect, and benefit, which together strengthen the social, cultural, and normative structures within the Madurese community of Siantan Tengah.

Regulatory Ambiguity in Iddah: The Intersection of Circular Letters and Sirri Marriage Practices in Pontianak City Zaman, Q.; Lusiana, Vinna; Widyawati, Ari
JURNAL AT-TURAS Vol 12, No 3 (2025)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/at-turas.v12i3.12592

This study investigates the critical issue of Regulatory Ambiguity surrounding the iddah period, specifically examining the friction between the Indonesian Circular Letter No. P-005/DJ.III/HK.00.7/10/2021 and the persistent, widespread practice of unregistered (sirri) marriage in Pontianak City. This intersection creates a crucial challenge to the coherence of Islamic Family Law, amplifying wider theoretical debates on Legal Dualism and the effectiveness of state intervention in personal status matters, ultimately jeopardizing women's rights and the legal protection of children. The primary purpose is to systematically identify the systemic causes of this discrepancy and analyze its profound impact on legal certainty and the state's authoritative capacity regarding matrimonial enforcement. Employing a combined juridical-normative and empirical approach, the research utilized legal document analysis alongside in-depth, strategic interviews with 10 key informants, comprising both officials from the Office of Religious Affairs (KUA) and citizens directly involved in sirri marriages, thus providing credible insights into the practical realities of legal pluralism. Findings reveal a profound administrative breakdown, exemplified by the critical statistic that 93% of KUA officials demonstrate a failure to distinguish accurately between iddah talak raj'i (revocable divorce) and iddah talak ba'in (irrevocable divorce). This lack of administrative competency directly translates into a systemic vulnerability, where legal loopholes are routinely exploited, leading to the disenfranchisement of wives and children in property and inheritance claims. This article contributes significantly to the discourse on Islamic Family Law Reform, providing an evidence-based framework for jurisprudential clarity that promotes judicial authority and ensures equitable enforcement of marital rights in the long term

Opportunities and Challenges of Implementing the Minister of Foreign Affairs Regulation in the Practice of Buying and Selling Used Clothes Kawakib, Kawakib; Zaman, Q.
Syarah: Jurnal Hukum Islam dan Ekonomi Vol. 14 No. 1 (2025): SYARAH : Jurnal Hukum Islam dan Ekonomi
Publisher : Fakultas Syariah Universitas Islam Negeri Sultanah Nahrasiyah Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/syarah.v14i1.6066

Although there is a ban on the import of used clothing as stipulated in the Regulation of the Minister of Trade Number 51/M-DAG/PER/7/2015. However, the practice of buying and selling imported used clothing in Central Market, Pontianak City is still quite rampant. This study aims to analyze the opportunities and challenges in the implementation of the Minister of Trade Regulation Number 51/M-DAG/PER/7/2015 in the context of the local economy. The research method used was a qualitative approach by conducting in-depth interviews with traders, suppliers, and government officials. The results show that the practice of selling used clothing continues due to high consumer demand for affordable and quality products. There is a gap between policy and reality on the ground, where traders continue to sell used clothing to meet market needs. Thus, there is a need for dialog between the government and business actors to formulate policies that are more inclusive and responsive to the needs of local market consumers, especially in Pontianak City.

Sanksi Pidana Perdagangan Perempuan (Women Trafficking) (Studi Komparatif antara Undang-Undang No. 21 Tahun 2007 tentang Pemberantasan Tindak Pidana Perdagangan Orang dan Hukum Islam) Zaman, Q.
JURNAL AT-TURAS Vol 5, No 1 (2018): Hukum Islam dan Tantangan Global
Publisher : Universitas Nurul Jadid

The phenomenon of trafficking in women (women trafficking) is like an "iceberg phenomenon". Women who essentially have a high position and a great influence on family life, society and state are often used as the dominant object of the trafficking in persons. The modus operandi also varies, ranging from exploitation of violence such as being employed as sex workers (online or ordinary), cyber crime, marriages with foreign men for the purpose of drug exploitation and distribution, matchmaking agencies that are judged to be sharia, and marriage service providers siri (the case of the siri.com marriage website), and even the trafficking of women with the umroh modus operandi. Therefore it is interesting to examine how criminal sanctions are against traffickers of trafficking in women (women trafficking) with a comparative analysis between UU No. 21/2007 concerning TPPU and Islamic Law. From the results of literature analysis found that criminal sanctions in UU No. 21/2007 concerning TPPO which is a lex specialis in the case of good trafficking conducted by individuals, state administrators and corporations / organizations in line with Islamic criminal law which classifies trafficking in women as jarimah ta'zir in which the application of sanctions (uqubah) is submitted in full in the decision of the judge/ruler (uli al-amr). The necessary stay is then, the implementation is serious, firm and consistent, especially by law enforcement.

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