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Tinjauan Hukum Tentang Kebebasan Berpendapat dari Aspek Hukum Positif dan Hukum Islam (Studi Kasus Bima Lampung) Sutan Bakti Harahap; Rahmat Hidayat
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1376

Abstract

This research aims to examine the regulation of the rights of freedom of speech in the realm of positive law and Islamic law, and to look at its application on social media platforms. The main focus of this research is on the case of Bima's action, is it a violation of the law? This qualitative research uses a juridical-emperical approach, in which case analysis is based on various existing sources. This research refers to two main perspectives, namely Positive Law and Islamic Law. The findings of this research show that a negative image is reflected in the Lampung Provincial Government. This is because the majority of people think that the Lampung Provincial Government limits freedom of speech and criticism. It is also known that the criticism delivered by Bima did not fulfil the elements and conditions so that it could not be criminalised. In line with positive law, based on Al Maududi's view, Islam does not prohibit expressing opinions at all. However, it should be noted that in expressing opinions, certain limits must be observed, especially in terms of the use of polite language. No less important is also the ITE Law which is still a polemic until now, because of the discrepancy between expectations and facts in the field. So, it is necessary for further explanation.
Ganti Rugi Atas Gagal Panen Kolam Ikan Karena Kebocoran Limbah Tambang Emas Perspektif Fatwa MUI No. 22 Tahun 2011 Tentang Pertambangan Ramah Lingkungan di Desa Panyabungan Jae Kabupaten Mandailing Natal Atikah Atikah; Rahmat Hidayat
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1432

Abstract

At the Panyabungan Jae gold mine location there was a waste leak, this waste leak caused losses due to fish pond harvest failure in the area. This research aims to find out the gold mine's compensation obligations for failed harvests in farmers' fish ponds. This research uses a qualitative method with an empirical juridical type of research, where the phenomenon to be studied is the phenomenon of crop failure caused by leakage of gold mining waste. Data was collected from observations and interviews with related parties, namely interviews with the mine and interviews with the pool owner. From the results of this research, it was found that in Islamic law, one party's mistake causes harm to the other party, so they have to fight. This is in accordance with what is explained in MUI Fatwa No. 22 of 2011 that gold mining business actors are obliged to offer to improve the environment and compensate for losses from fish pond harvest failures caused by waste leaks which result in losses for local residents in utilizing river flows. for irrigating rice fields and for daily needs, especially for fish pond farmers.
Perlindungan Konsumen dalam Rekayasa Rating Penilaian pada Aplikasi Shopee Perspektif Mazhab Imam Asy-Syafi’i: Studi Kasus Pengguna Aplikasi Shopee di Desa Tembung Kecamatan Percut Sei Tuan Muhammad Iqbal; Rahmat Hidayat
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 2 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i4.6440

Abstract

High competition encourages business actors to use various methods to market their products, without paying attention to applicable rules and laws. One of the strategies used is Rating Engineering. Rating engineering is a false assessment that is often used to increase the reputation of a shop so that it is more trustworthy when people visit it when they want to shop with the aim of making buyers interested and concluding that the shop is a shop that is very popular on its site. The existence of rating engineering activities makes consumers worried about the authenticity of the goods being sold. This research discusses legal protection and the perspective of the Imam Syafi'i School regarding rating engineering activities. The aim of this research is to determine the impact of rating engineering using fake orders and consumer protection against the practice of rating engineering. The results obtained are that consumer protection has been very well regulated from a religious perspective, namely the Al-Qur'an and Hadith as well as from a legal perspective in Indonesia in Law No. 8 of 1999, so this is very strong to follow in terms of consumer protection and also obligations. business actors in carrying out their business can create a society that behaves correctly and honestly in every implementation. According to the perspective of the Imam Asy-Shafi'i School, the practice of rating engineering carried out by several online business actors on the Shopee application is haram because it violates buying and selling ethics and business ethics by committing fraudulent acts in their promotions in the marketplace.
DEVELOPMENT STRATEGY FOR HALAL CENTER IN UNIVERSITY: A TECHNICAL RECOMMENDATION Hidayat, Rahmat; Zulham, Zulham; Ramadi, Bagus
HUMAN FALAH: Jurnal Ekonomi dan Bisnis Islam HUMAN FALAH: Jurnal Ekonomi Dan Bisnis Islam │ Vol. 11 │ No. 1 │ 2024
Publisher : Fakultas Ekonomi dan Bisnis Islam Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/hf.v11i1.19942

Abstract

The Indonesian government encourages universities to actively participate in the halal ecosystem in Indonesia. Currently, many universities have established The Halal Product Process Assistance Agency (LP3H) and The Halal Inspection Agency (LPH) in halal product assurance programs. State Islamic University of North Sumatera (UINSU), which has established LPH and has now changed its name to Halal Center, has not shown significant progress. This research aims to determine the condition of UINSU Halal Center and provide technical recommendations for developing Halal Center and can become a blueprint for other universities that will establish Halal Center. The type of research used in this research is descriptive qualitative research using Institutional Analysis and Development (IAD). This research found several Halal Center problems and their causes. The data was benchmarked against the condition of Sunan Gunung Djati State Islamic University (UIN SGD) Halal Center. The research results provide technical recommendations for developing Halal Center. The recommended concepts are support system, build system, and implementation. The support system is provided by the university leadership, the development system is carried out by the management for the institution's existence, implementation by providing services, assistance and community outreach.
NON-LITIGATION INHERITANCE DISPUTE RESOLUTION: A CASE STUDY OF MEDIATION BETWEEN A STEPMOTHER AND A STEPSON Hidayat, Rahmat; Harahap, Mhd. Yadi; Siregar, Ramadhan Syahmedi
Journal Analytica Islamica Vol 14, No 1 (2025): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v14i1.25306

Abstract

Inheritance disputes are legally complex phenomena, not only due to the involvement of assets but also because they intertwine with emotional ties and cultural values within the family. In Indonesia, mediation as a form of out-of-court dispute resolution has become a preferred alternative to avoid open conflict, especially in inheritance cases involving sensitive family relations such as those between a stepmother and a stepson. This study aims to explore the dynamics of an inheritance dispute between a stepmother and a stepson following the death of the decedent, identify factors influencing the success of mediation, and evaluate the substantive fairness of the mediated agreement from the perspective of Islamic inheritance law. The methodology employed is empirical juridical research using a case study approach. Data were collected from official documents provided by the law firm handling the case, as well as relevant literature. The analysis was conducted using a qualitative descriptive method, with an emphasis on legal relevance and substantive justice. The findings indicate that the mediation process successfully produced a settlement between the stepmother and stepson regarding the distribution of inheritance. However, the novelty of this study lies in the discovery that the agreement deviated from the proportionality principles of Islamic inheritance law. While the mediation effectively prevented prolonged social conflict, the division of assets did not reflect the ideal distribution according to sharia principles. This highlights a critical gap in the enforcement of formal justice concerning inheritance rights, raising concerns about the substantive effectiveness of out-of-court mediation.
Sistem Kupon dalam Penyaluran Zakat: Tinjauan Maslahah Mursalah Hidayat, Rahmat; Asmuni, Asmuni; Syahnan, Mhd.
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Publisher : Fakultas Syariah dan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/jhki.v2i1.23360

Abstract

AbstractThis study aims to explore the coupon system in zakat distribution. The coupon or voucher-based zakat distribution system is a new approach and thus requires an evaluation of its validity through the lens of maslahah mursalah, which emphasizes the welfare of mustahiq (zakat recipients) in meeting their basic needs. This research employs a normative legal method with a conceptual approach to examine the relevance of the coupon system in achieving maqashid syariah. The findings indicate that the coupon system not only facilitates mustahiq but also enhances public trust in zakat management institutions through more professional governance. By reducing the risk of zakat misuse and increasing accountability, this system represents a modern innovation relevant to contemporary zakat management. The coupon system allows mustahiq to exchange coupons for goods or services according to their needs, fostering flexibility, efficiency, and transparency. Additionally, it minimizes overcrowding, provides a dignified experience for mustahiq, and ensures a more targeted and accurate distribution of zakat. Keywords: Coupon, Voucher, Zakat, Mustahiq AbstrakPenelitian ini bertujuan untuk mengeksplorasi sistem kupon dalam penyaluran zakat. Sistem penyaluran zakat dengan kupon atau voucher merupakan  sistem baru sehingga harus dilihat keabsahannya dengan pendekatan maslahah mursalah, yang menitikberatkan pada kemaslahatan mustahiq dalam memenuhi kebutuhan pokok mereka. Penelitian ini menggunakan metode hukum normatif dengan pendekatan konseptual untuk memahami relevansi penggunaan sistem kupon dalam mencapai maqashid syariah. Hasil penelitian menunjukkan bahwa sistem kupon tidak hanya memberikan kemudahan bagi mustahiq, tetapi juga meningkatkan kepercayaan masyarakat terhadap lembaga amil zakat melalui tata kelola yang lebih profesional. Dengan mengurangi risiko penyalahgunaan zakat dan meningkatkan akuntabilitas, sistem ini menjadi inovasi modern yang relevan dalam pengelolaan zakat masa kini. Sistem kupon memungkinkan mustahiq untuk menukarkan kupon dengan barang atau layanan sesuai kebutuhan mereka, menciptakan fleksibilitas, efisiensi, dan transparansi. Sistem kupon juga meminimalkan desak-desakan, memberikan pengalaman bermartabat kepada mustahiq, serta memastikan distribusi zakat lebih terarah dan tepat sasaran. Kata Kunci: Kupon, Voucher, Zakat, Mustahiq
SMOKE-FREE ZONE POLICIES AND PNEUMONIA INCIDENCE AMONG INFANTS IN INDONESIA (ANALYSIS OF SECONDARY DATA FROM THE 2023 INDONESIA HEALTH SURVEY) Adinda, Faiza; Siregar, Putra Apriadi; Arrazy, Syafran; Wasiyem, Wasiyem; Hidayat, Rahmat
Journal of Gender and Social Inclusion in Muslim Societies Vol 6, No 1 (2025): Journal of Gender and Social Inclusion in Muslim Societies (JGSIMS)
Publisher : Pusat Studi Gender dan Anak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jgsims.v6i1.25686

Abstract

Indonesia remains one of the ASEAN countries that has not fully implemented a smoke-free zone policy (SFZ). SFZ policies can prevent air pollution that can cause pneumonia. The novelty of this study lies in its analysis of SFZ policies based on the level of regional regulations, namely Regional Regulations and Mayor/Regent Regulations, which are linked to pneumonia cases in infants, utilizing national data with a large sample size to provide empirical evidence as a basis for strengthening SFZ policy implementation in Indonesia. This study aims to determine the relationship between SFZ policies and pneumonia cases in infants in Indonesia. This study used a cross-sectional design. The study population consisted of 284,177 respondents, and the study sample consisted of 49,747 respondents. This study used the 2023 Indonesian Health Survey questionnaire as an instrument and used the chi-square test with JASP version 19 software for data analysis. The results of the study indicate that there is a significant relationship between the form of implementation of SFZ policies at the district/city level (p=0.045) and no significant relationship in the implementation of SFZ across provinces in Indonesia (p=0.162; PR=1.159), districts/cities that implemented SFZ (p=0.664; PR=1.059), the duration of SFZ implementation in districts/cities (p=0.269; PR=0.891), fathers' smoking behavior (p=0.867; PR=0.983), and mothers' smoking behavior (p=0.1; PR=1.938). It can be concluded that there is a significant relationship between the form of local regulations/mayor/regent regulations on SFZ and the incidence of pneumonia in infants in Indonesia with p=0.045. These findings emphasize the importance of the government's role in strengthening the implementation of SFZ policies through improved monitoring, enforcement, and integrated evaluation.  Policy strengthening can be achieved through regulations accompanied by strict sanctions, data-based monitoring by the Ministry of Health, and continuous education on the dangers of thirdhand smoke for parents.  In addition, the results also indicate that the gender of mothers as primary caregivers plays an important role in protecting infants from exposure to cigarette smoke. Therefore, empowering mothers through improved health literacy and social support is crucial to reducing the risk of pneumonia in toddlers. Districts/cities that do not yet have smoke-free policies are expected to formulate them immediately, while the wider community is expected to actively participate in supporting the implementation of smoke-free policies to protect toddlers from the dangers of smoking.
NOVASI DAN CESSIE VERSUS HAWALAH MELALUI KONTRAK: KAJIAN UNTUNG RUGI DAN DALAM PEMBIAYAAN TAKE OVER DALAM KUH PERDATA DAN KHES Hidayat, Rahmat; Harahap, Mhd. Yadi; Lubis, Fauziah
HUMAN FALAH: Jurnal Ekonomi dan Bisnis Islam HUMAN FALAH: Jurnal Ekonomi Dan Bisnis Islam │ Vol. 12 │ No. 2 │ 2025
Publisher : Fakultas Ekonomi dan Bisnis Islam Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/hf.v12i2.27037

Abstract

This study examines a comparative analysis of the mechanisms of novation, cession, and hawalah in take-over financing practices from the perspectives of the Indonesian Civil Code (KUH Perdata) and the Compilation of Sharia Economic Law (KHES). The main focus is directed toward analyzing profit and loss from three dimensions: economic, administrative, and sharia compliance. Methodologically, this research employs a normative legal approach using statutory and conceptual analyses, supported by secondary data sources such as regulations, DSN-MUI fatwas, academic literature, and doctrines of contract law. The findings indicate that economically, novation and cession offer flexibility and potential benefits for financial institutions because they allow rapid restructuring or transfer of receivables. However, both mechanisms may impose additional financial burdens and potential value imbalances on debtors. Administratively, novation and cession have the advantage of stronger legal certainty due to their execution through authentic deeds, whereas hawalah is more efficient and simpler to implement but has weaknesses in terms of formal evidentiary strength. From a sharia perspective, hawalah is considered the most compliant with principles of justice and propriety because it does not contain elements of riba or gharar, thereby better reflecting the value of ta'awun (mutual assistance).
Protein Programmed Death-Ligand 1 Expression in Non-Small Cell Lung Cancer (NSCLC) and Its Correlation to Smoking Status in North Sumatera Population Noni Novisari Soeroso; Setia Putra Tarigan; Rahmat Hidayat; Elisna Syahruddin; Evlin Suzanna; Dian Chayadi
Sumatera Medical Journal Vol. 7 No. 2 (2024): Sumatera Medical Journal (SUMEJ)
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/sumej.v7i2.15289

Abstract

Background: Tobacco smoking is associated to the increase risk of lung cancer, and smoking could also trigger the tumour proportion score from programmed death ligand (PD-L1). Objective: This study aims to identify the correlation of non-small cell lung cancer (NSCLC) with the PD-L1 expression and smoking profile on the North Sumatra Population. Methods: This research implemented a descriptive study with cross-sectional design. Results: This study was carried out from August 2019 to September 2020. Results: Characteristics of patients with NSCLC to the PD-L1 expression were found more in male patients with percentage of 88.6%, whereas the most common type of cancer is adenocarcinoma, accounting for 97.14% of cases with mild degree smoking index for 45.7% (Brinkman index) and IV-stage of clinical status for 68.6%. The tumour proportion score with 1-49% was 51.4% with high expression of PD-L1 (positive) for 74.28%, while lower expression of PD-L1 accounted for 45%. Conclusion: There is a correlation between PD-L1 expression and smoking status in NSCLC patients, with p-value of 0.037 (<0.05).
Representasi Dogma Orang Tua dalam Film Ngeri-Ngeri Sedap: Analisis Semiotika Roland Barthes Affandi Salim Lubis; Rahmat Hidayat
PERSEPTIF: Jurnal Ilmu Sosial dan Humaniora Vol. 4 No. 2 (2026): PERSEPTIF: Jurnal Ilmu Sosial dan Humaniora
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Kalibra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/perseptif.v4i2.508

Abstract

Films not only function as entertainment media, but also as cultural texts that represent values, ideologies, and social relations in society. This study aims to reveal the representation of the dogma "parents are always right" and "children as the successors of family honor" in the film Ngeri-Ngeri Sedap, and to show how the film simultaneously reproduces and critiques the ideology of the Batak patriarchal family. The novelty of this research lies in a critical reading of the film's ideological ambivalence, namely between the naturalization of cultural values ​​and children's resistance to parental authority. This study uses a qualitative approach with Roland Barthes's semiotic analysis method that includes the levels of meaning of denotation, connotation, and myth. The unit of analysis in this study is selected scenes that display the power relations between parents and children in the context of Batak families. Data were collected through non-participant observation and film documentation. The results show that the dogma "parents are always right" is represented through the dominant and authoritative figure of Pak Domu in determining his children's life choices. Meanwhile, the dogma "children as the successors of family honor" is evident in the demands on children to maintain the clan, work, and family responsibilities. At the mythical level, the film normalizes the values ​​of filial obedience and family honor as normal within the Batak social structure. However, the film also presents symbolic resistance through critical attitudes, humor, and children's rejection of parental dominance. These findings contribute to the study of media semiotics by demonstrating that films not only reproduce cultural ideologies but also serve as a space for value negotiation between tradition and the individuality of the younger generation.