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THE MOVEMENT OF STRUGGLING OF NEO-COMMUNISM RISING IN POST-REFORM (A Study of Ideology and Struggle Movement in Indonesia) Ahmad Suhaimi; Pagar Pagar
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 3, No 2 (2019): Language, Research and Education
Publisher : State Islamic University of North Sumatra Indonesia

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The trauma of the nation's children has not been able to recover from the betrayal many times for the same cause by the PKI. The events of Madiun in 1948, and G.30S PKI became menumental witnesses of the martyrdom of thousands of scholars and students of PKI's savagery, as well as the death of the nation's heroes because they were kidnapped, slaughtered, sliced and dragged into crocodile holes. The reform era, which tends to care about human rights, democratization, and freedom of thought, expression and opinion, has been misused for the growth and re-emergence of communism in Indonesia. Thus the research was proposed: "The Post-Reformation Neo-Communism Struggle Movement. (Study of Ideology and Struggle Movement in Indonesia). This research is specifically to discuss Neo-Communism and its relation to the possibility of a revival in Indonesia. The problem formulation is the movement for the struggle for the rise of Neo-Communism after Reformation in Indonesia, especially from the ideological aspects and the struggle movement. This type of research is qualitative and presented in descriptive exposures. Regional sample; North Sumatra, Aceh, DKI and West Java. Research findings; "Neo-Communism in Indonesia has emerged despite a small movement. Keywords; Neo-Communism, Movement, internalization, religion.

HATE SPEECH FOR THE PURPOSE OF CREATING HOSTILITY IN INDONESIAN COMMUNITIES (Study of Criminalization and Legal Reality According to Criminal Law Experts) Maradingin Maradingin; Pagar Pagar; Jamil Jami
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 3, No 2 (2019): Language, Research and Education
Publisher : State Islamic University of North Sumatra Indonesia

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Especially printed media sheets and electronic media monitors, as well as direct educational exposure, always fulfills important information presentations that are sometimes mixed with Hate speech in the digital age, and democratization is growing very rapidly lately. In addition to its many benefits, it will also be able to threaten the integrity of the nation. Hate speech (hate speech) can trigger the occurrence; riots, hostilities, fights, even wars. This research has some influence, because the previous article "TWITTER: Expressing Hate Speech Behind Tweeting Yudha Wirawanda and Tangguh Okta Wibowo, in" Prophetic Communication Journal "Sunan Kalijaga State Islamic University, Yogyakarta, only offered findings about the pattern of tweeter usage patterns among Indonesians, where they tend to be able to freely devote their particular emotions in cyberspace. This research is specifically for questioning; How do the expressions of hate speech in Indonesia give birth to the criminalization and legal reality according to Criminal law experts? This research is presented in the form of field research. The type of research is qualitative in descriptive exposure. The sample; North Sumatra, Aceh, DKI and West Java. Research findings; "No settlement of hate speech cases is found as an act of criminalization in the midst of Indonesian society. It is estimated, there are a handful of public perceptions that criminalization of the handling of hate speech cases in Indonesia, especially the hate speech clamps aimed at the Government

THE COMPARATIVE STUDY OF CHILD DRUG ABUSE CASES Ibnu Taqwim; Pagar Hasibuan; Zulkarnain Zulkarnain
Jurnal Pembaharuan Hukum Vol 8, No 2 (2021): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v8i2.16169

The inconsistency of law enforcement in implementing the substance of the narcotics law has led to a polemic in the community, especially against cases of drug abuse committed by minors, it becomes unclear, the approach method used in this study uses a normative juridical approach. The research found that children as perpetrators of narcotics crimes, if they are not proven to be dealers, which can be dangerous as a basis for imprisonment for children, it is necessary to be rehabilitated as regulated in the narcotics law. Considering that children who are perpetrators of narcotics crimes are only users and are affected by bad environmental conditions both in the family and the environment. Narcotics in the Islamic perspective is analogous to the prohibition of drinking alcohol. This prohibition is carried out because narcotics cause hatred, hostility, disaster and dangerous disasters, both for users, families, communities and the nation and state. Narcotics are prohibited in Islamic law and producers, dealers and users will be subject to Had or Ta’zir sanctions.

Implementation of Marriage in the Period of Armed Conflict in Aceh Munawar Khalil; Pagar; M. Jamil
Britain International of Humanities and Social Sciences (BIoHS) Journal Vol 1 No 1 (2019): Britain International of Humanities and Social Sciences, June
Publisher : Britain International for Academic Research (BIAR) Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/biohs.v1i1.3

This study deals with implementation of marriage in the period of armed conflict in Aceh. The marriage process during the armed conflict did not receive pre-marital guidance services nor was the registration of marriage carried out because the situation was uncertain. However, this situation is not an obstacle to the sustainability of marriage in the Acehnese society in an orderly and orderly manner. The sample of the study is North Aceh District which is the area that has the greatest influence of armed conflict between 1999 and 2005 and it also the region with the highest escalation of violence during the armed conflict, many areas in North Aceh controlled by GAM. The result shows that the implementation of the marriage which took place in the period between 1999 and 2005 was generally not administered in accordance with the prevailing laws and regulations because the Registrar of Marriage Officer did not dare to carry out their duties and functions as a public servant in checking the administration of marriage and recording it in accordance with the mandate, moreover the community is also afraid to deal with government offices.

A MODEL OF ISLAMIC EDUCATION GUIDANCE ON INHERITED ASSETS INDICATES CONFLICT AMONG HEIRS Anwar MS; Pagar Pagar; Nurasiah Nurasiah
Edukasi Islami : Jurnal Pendidikan Islam Vol 11, No 03 (2022): Edukasi Islami: Jurnal Pendidikan Islam
Publisher : Sekolah Tinggi Agama Islam Al Hidayah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30868/ei.v11i03.4246

Islamic law has regulated the rules for distributing inheritance to the heirs of the jawil furud in detail and clearly, but the time when it must be carried out and distributed to the heirs is subject to the provisions and provisions of the Syar'i law regarding the time limit that must be carried out so as to maintain the benefit and eliminate harm. The stipulation of a rule governing the timing of Bener Meriah Regent Regulation Number 19 of 2022 has stipulated that 100 days after the death of the heirs must be given the rights of the heirs without any fighting over and controlling each other without the sincerity of the owner of the rights obtained through inheritance. The time-limit provisions can provide benefits to the heirs without any delay in the implementation of the distribution of inheritance. Besides that, the role of Islamic education is to be able to form good character and maintain Islamic values in various aspects of life, including the distribution of inheritance. This refers to the understanding of the legal foundations for the distribution of inherited assets.

A STUDY OF ISLAMIC LEGAL PHILOSOPHY OF THE CONCEPT OF COLLECTIVE PROPERTY IN INDONESIA BASED ON CORRECTIVE JUSTICE AND THE ISLAMIC EDUCATION MODEL Rifnatul Hasanah Harahap; Pagar Pagar; Syafruddin Syam
Edukasi Islami : Jurnal Pendidikan Islam Vol 11, No 03 (2022): Edukasi Islami: Jurnal Pendidikan Islam
Publisher : Sekolah Tinggi Agama Islam Al Hidayah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30868/ei.v11i03.4175

Analysis of the Concept of Joint Assets in the Compilation of Islamic Law reviewed Based on Corrective Justice Values is an Islamic law study that discusses legal issues regarding joint assets. Based on the reality and legal developments that occur in Indonesian society, which is very dynamic, and from several court decisions, it was found that, in general, the panel of judges at the Religious Courts, in deciding cases for claims for the distribution of joint assets, did not depart from these laws and regulations, namely by dividing joint property equally (half share) between husband and wife. This rule causes many problems that occur when practicing the rulings of the religious courts, because not a few people consider that the distribution of joint assets does not fulfill a sense of justice. For this reason, it is necessary to understand in detail the distribution of joint assets based on the inculcation of Islamic values through education. This research model (mode of inquiry) is qualitative. While the approach used is philosophical legal research, In conclusion, this study shows that the distribution of joint assets between ex-husband and ex-wife, based on the value of corrective justice, should be divided according to the amount of effort between the two in obtaining assets during marriage, dividing equally (50:50, Article 97 KHI). is considered that there are times when not fulfilling a sense of justice is necessary when one party has committed an act that is detrimental to the other party (husband or wife) because it does not carry out what has become its obligation in the long term.

Religious Moderation in Indonesia: A Study on Implementation Patterns of the Indonesian Ulema Council (MUI) Pagar Pagar; Syaiful Akhyar; Ibnu Radwan Siddik Tunip
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.2756

As a symbol of ulema which is the main tent of Muslims in Indonesia, the Indonesian Ulema Council (MUI) is certainly expected to be able to implement the concept of religious moderation. This paper aims to examine the implementation of MUI religious moderation in Indonesia. Then, this study also aims to discuss how the pattern of implementation of MUI religious moderation towards Muslims, deviant religious beliefs, non-Muslims, and the government. This is qualitative research with a participatory action research (PAR) approach. Informants involved as subjects and objects in this study were structural scholars, academic scholars, and community scholars in the provinces of DKI Jakarta, North Sumatra, and Aceh. The results of the study indicate that the implementation of MUI religious moderation in Indonesia has been implemented well. MUI is responsive and accommodating to the needs of the community, especially Muslims, and plays a very important role in creating a safe and peaceful atmosphere in the community. However, some people consider that the application of MUI's religious moderation values to groups that are considered deviant (heretic) and non-Muslims has not run optimally. This can be seen with the issuance of the MUI fatwa on the expectation of the existence of pluralism, liberalism, and religious secularism. MUI is expected to further improve the pattern of its relationship with the two community groups. Meanwhile, towards the government, MUI positions itself as a critical partner of the government (syarikatul hukumah). MUI sometimes supports government programs, but it can also disagree with government programs as outlined through MUI fatwas that seem contrary to the interests of the government,such as fatwas against vasectomy and fatwas on the use of meningitis vaccines for pilgrims or umrah.

Giving Tuor At Mandailing Tribe Marriages Compilation Perspective Of Islamic Law In Mandailing Natal Musa Aripin; Pagar Pagar; Watni Marpaung
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.3889

The issue of tuor (the amount of money given by the groom to the bride upon the agreement of both families) in the Mandailing tribe is interesting to be studied. This is quite reasonable because the problem of tuor, on the one hand can actually make a number of marriage plans forced to be canceled. At the same time the majority of the Mandailing tribe are devout adherents of Islam. While Islam itself has the same concept as the tuor, namely dowry. Testing tuor at the application level is something that must be done to measure the extent of the phenomenon. On the other hand, measuring tuor conceptually is also needed to provide a complete view. The results showed that the tuor and dowry in the KHI have the same substance, namely the obligatory gift from the prospective husband to the prospective wife. However, the provision of tuor has advantages, namely the philosophy used in determining tuor. Holong (compassion) and Saanak Saboru (feeling that the groom’s family has considered that the bride is their daughter and vice versa). Thus it can be stated that the determination of the amount of tuor will not burden the bridegroom, because the groom in giving tuor is motivated by affection, and at the same time the parents of the bride-to-be will also not ask for something that can burden the bridegroom

OPTIMIZATION OF ZAKAT MANAGEMENT BY BKM MASJID IN MEDAN CITY PERSPECTIVE OF LAW NO.23 OF 2011 Abdul Halim; Pagar Pagar; Dhiauddin Tanjung
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.3945

Law No. 38 of 1999, later amended by Law No. 23 of 2011 on the Administration of Zakat, provides the legal basis for the administration of zakat in Indonesia. These laws and regulations recognise only two entities, namely the National Zakat Amil Agency (BAZNAS) and the Zakat Amil Institution (LAZ), as the legal managers of zakat in Indonesia. In Medan, there are two types of amil zakat, as well as community-formed amil-amil zakat who manage zakat at the mosque level, specifically for zakat fitrah. It is important to note that some of these mosque-level Amils have been approved by the state through a sub-unit framework known as the Zakat Collection Unit (UPZ). Meanwhile, some of these amil-amil have not yet been approved by the state and are only based on the policies of the Prosperity Board (BKM) of each mosque. In Islamic Jurisprudence, the appointment of an amil is carried out by the authority of the caliph/sultan (state). In this case, the amil's position is as a representative of the zakat mustahik. It is important to note that the appointment of an amil should be approved by the state to ensure compliance with Islamic Jurisprudence. This research aims to address three problems related to the establishment and management of zakat at the mosque level in the city of Medan, according to Law No. 23/2011. Specifically, the research will examine: 1) the procedure for establishing zakat amil at the mosque level, 2) the management of zakat by the zakat amil at the mosque level, and 3) ways to optimise the management of zakat by the zakat amil at the mosque level. The language used is clear, objective and value-free, with a formal register and precise word choice. The text follows conventional structure and format, with a consistent style of quoting and footnoting. The sentences and paragraphs create a logical flow of information with causal links between propositions. The content has not been changed. This research has identified three key findings in this area. Firstly, the procedure for establishing Amil Zakat at the mosque level in the city of Medan is based on the policy of each mosque administrator (BKM). Secondly, the BKM's policy is then confirmed (validated) through the UPZ system by the National Amil Zakat Agency (BAZNAS) of the city of Medan. Finally, it is recommended that a more standardised procedure be implemented to ensure consistency across all mosques in the city. Zakat administration at the mosque level in the city of Medan is an ancillary activity that takes place only during the month of Ramadan and mainly within the framework of Zakat fitrah. During the collection phase, Amil opens a zakat booth at the mosque or at the BKM office, and potential muzakis come to the mosque to pay their zakat. Mosque Zakat Amil uses two methods: the coupon method and the delivery method for the distribution stage to the mustahik. Under the voucher system, a Muslim must present a voucher at the mosque in order to collect his zakat. Currently, the optimisation of zakat management in mosque zakat amil is limited to the collection and distribution stages, without taking into account the utilisation of zakat. Optimising Zakat collection is achieved through Zakat education, specifically by choosing recitation or lecture topics that focus on Zakat and by starting the Zakat collection period at the beginning of the month. During the distribution stage, optimization is achieved by prioritising mustahik selection, with a focus on actual mustahik. This research has found that there is little coordination between the Zakat Amil of the mosque and the BAZNAS, as well as between the Zakat Amil of the other mosques. It is important to address this issue in order to improve the effectiveness of the Zakat distribution.

The Implementation of Legal Istinbath Results at LBM MUDI Mesjid Raya Samalanga Abdullah Abdullah; Pagar Pagar; Ardiansyah Ardiansyah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4792

This study explores the application of the LBM MUDI Mesjid Raya's legal istinbath results (jurisprudential reasoning) at Samalanga, focusing on their methods and approaches to legal decision-making. Employing phenomenological and sociological approaches, the research integrates qualitative field and library research to analyze legal phenomena within social and religious contexts. Key participants included the chairman and officials of Lajnah Bahtsul Masail (LBM), as well as scholars from Dayah Mudi Mesra Samalanga, Aceh. Data collection methods comprised in-depth interviews, direct observation, and document analysis. The data were analyzed by using a grounded theory approach, adhering to Miles and Huberman's stages of data reduction, data display, and conclusion drawing. The findings indicated that the approach of LBM MUDI Mesjid Raya is based on a systematic istinbath method and a qauli method that prioritizes classical texts. Their decision-making process incorporates multi-perspective problem analysis, consideration of the legal impact on social, political, and economic dimensions, and alignment with the principles of Ahlu al-Sunnah wa al-Jama'ah. The two stages of discussion, which include both members and leadership, make sure that there is full discussion and careful thought. They do this by combining traditional textual bases with modern situations to uphold the principle of maslahah (public interest). The ilhaq masail bi nadhairiha method generates solutions for issues beyond the scope of classical qauli methods. This illustrates LBM's adaptability in addressing contemporary issues while maintaining a commitment to classical Islamic principles, demonstrating a balance between tradition and modern relevance.

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