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All Journal SEMIRATA 2015 UMBARA Indonesian Journal of Anthropology Journal Analytica Islamica Media Mahardhika Jurnal Kreativitas PKM Unes Law Review Journal of Humanities and Social Studies Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Jurnal Ilmu Sosial dan Ilmu Politik Malikussaleh (JSPM) Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Al-Manahij : Jurnal Kajian Hukum Islam Journal of Law, Poliitic and Humanities DIKTUM: JURNAL SYARIAH DAN HUKUM QANUN: Journal of Islamic Laws and Studies Tamkin: Jurnal Pengembangan Masyarakat Islam AL-SULTHANIYAH MILRev: Metro Islamic Law Review ANDREW Law Journal Jurnal Akuntansi Hukum dan Edukasi Jurnal Hukum Keluarga
Rahmad Efendi
Jurusan Fisika, FMIPA Universitas Riau Pekanbaru
Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Nursing Physics Public Health Social Sciences

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Journal : Journal Analytica Islamica

 1 
IMPLEMENTATION OF LAND DISPUTE RESOLUTION THROUGH CUSTOMARY LAW IN THE ACEH TAMIANG COMMUNITY Daffa, Rahmad; Efendi, Rahmad
Journal Analytica Islamica Vol 14, No 2 (2025): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v14i2.25768

Abstract

This study aims to determine how land dispute resolution through customary law mechanisms is implemented in the Aceh Tamiang community, identify the obstacles encountered, and formulate efforts that can be made to increase the effectiveness and legitimacy of customary law as a means of resolving agrarian conflicts. This study uses an empirical sociological approach. Data were obtained through in-depth interviews with traditional leaders, village officials, community members, as well as customary decision documents and related regulations. The results indicate that the customary law land dispute resolution mechanism in Aceh Tamiang remains effective as a means of resolving conflicts quickly, affordably, and maintaining social harmony. This mechanism is implemented in stages through mediation at the village level and formal customary deliberations led by the imam mukim. However, its implementation faces several obstacles, including normative, structural, and cultural ones. Normative obstacles arise from the weak formal legal basis for the forced execution of customary decisions. Structural obstacles include the low capacity of customary institutions, limited decision documentation, and minimal support from the local government. Meanwhile, cultural barriers are caused by shifting social values, customary plurality, and non-compliance by those with economic or political power with customary decisions. Efforts that can be made to increase the effectiveness and legitimacy of customary law include: drafting district qanuns that more specifically regulate land dispute resolution mechanisms through customary law; increasing the capacity of customary officials through training and coaching; revitalizing the cultural values of deliberation within the community through ongoing socialization; and synergy between customary and formal institutions through administrative recognition of customary decisions. Thus, strengthening the role of customary law is expected to maintain local values, reduce agrarian conflict, and support national legal pluralism.
SETTLEMENT OF PROBLEMATIC FINANCING THROUGH RELIGIOUS COURTS (CASE STUDY OF BPRS AL-WASHLIYAH) Ramadhan, Azizan Rizky; Efendi, Rahmad
Journal Analytica Islamica Vol 14, No 2 (2025): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v14i2.25781

Abstract

Problematic financing is a crucial challenge for the sustainability of Islamic banking, including the Sharia People's Financing Bank (BPRS). At BPRS Al Washliyah, the increasing phenomenon of problem financing has a direct impact on the bank's financial stability and has given rise to disputes between customers and financial institutions. This study aims to examine three main issues: (1) factors causing problem financing at BPRS Al Washliyah, (2) the mechanism for resolving problem financing through the Religious Court, and (3) the role and authority of the Religious Court in resolving problem financing disputes based on Islamic law and positive law in Indonesia. This study uses a juridical-empirical approach, with a legal research method that examines secondary data through literature studies and primary data through interviews and documentation at BPRS Al Washliyah and the Medan Religious Court. The results of the study indicate that problem financing is triggered by weak financing analysis, changes in customer economic conditions, and negligence in carrying out contracts. Dispute resolution through the Religious Court is carried out through a civil lawsuit with the legal basis of Law No. 21 of 2008 and the DSN-MUI Fatwa. Religious Courts play a crucial role in resolving Sharia economic disputes, not only as adjudicative institutions but also as guarantors of Sharia justice principles. This study concludes that the integration of Islamic legal principles and positive law through Religious Courts is an effective instrument in upholding justice and resolving problematic financing disputes in Sharia banking.
COMPANY RESPONSIBILITY FOR DAMAGE TO COMMUNITY AGRICULTURAL LAND RESULTING FROM INDICATED GAS LEAKAGE IN ROBURAN DOLOK VILLAGE FROM THE MAQASHID SYARIAH PERSPECTIVE Lubis, Ishaq London; Efendi, Rahmad
Journal Analytica Islamica Vol 15, No 1 (2026): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v15i1.28655

Abstract

This study aims to analyze the legal liability of PT Sorik Marapi Geothermal Power (SMGP) for the damage to agricultural land and environmental impacts that occurred in Roburan Dolok Village, Mandailing Natal Regency, and to review it from the perspective of Maqashid Syariah. The background of this study departs from a series of incidents of hydrogen sulfide (H₂S) gas leaks and hot mudflows that are strongly suspected to be related to the company's operational activities, which not only caused casualties, but also damaged dozens of agricultural areas and threatened the sustainability of the livelihoods of agrarian communities. This condition raises legal and ethical problems related to the enforcement of corporate liability in high-risk business activities. The focus of the research problem is directed at the application of the strict liability doctrine as regulated in Article 88 of Law Number 32 of 2009 concerning Environmental Protection and Management, and its relevance to the principles of Maqashid Syariah, especially the protection of life (hifz al-nafs), protection of property (hifz al-mal), and protection of the environment (hifz al-bi'ah). The research method used is normative legal research with a descriptive-analytical approach. The research data is sourced from primary legal materials in the form of relevant laws and regulations, as well as secondary legal materials in the form of scientific literature and credible media reports that document the facts of environmental damage and its impact on society. The analysis was conducted by examining positive legal norms and integrating them with the Maqashid Syariah approach as an ethical-normative framework. This research is expected to provide theoretical contributions to the development of Islamic environmental law and serve as a practical reference for enforcing just and welfare-oriented corporate accountability.
WORKSHOP OWNER'S RESPONSIBILITY FOR MOTORCYCLE DAMAGES AFTER REPAIR: WAHBAH AZ-ZUHAILI'S PERSPECTIVE CASE STUDY OF NORTH PADANG LAWAS REGENCY, PADANG BOLAK DISTRICT Muda, Ilfendri; Efendi, Rahmad
Journal Analytica Islamica Vol 15, No 1 (2026): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v15i1.28616

Abstract

This study examines the liability of workshop owners for motorcycle damage after repair services in Padang Bolak Subdistrict, North Padang Lawas Regency, and analyzes it through the perspective of Wahbah az-Zuhaili’s Islamic legal thought. The research responds to the gap between normative consumer protection regulations and empirical practices in small-scale repair services. Using an empirical legal approach with qualitative analysis, data were collected through in-depth interviews, observation, and documentation, then examined in light of Indonesian Consumer Protection Law and the fiqh concept of ijarah and dhaman. The findings reveal that workshop owners’ liability has not been implemented adequately. Most workshop owners avoid providing compensation or re-repair services even when post-repair damage is linked to technical negligence. This condition is influenced by limited legal awareness, economic constraints, and weak professional ethics. From Wahbah az-Zuhaili’s perspective, repair services constitute an ijarah contract grounded in trust (amanah) and liability (dhaman). Any negligence resulting in loss obliges the service provider to bear responsibility under the principle of al-ghurm bil ghunm. This study contributes theoretically by integrating empirical consumer protection issues with contemporary Islamic legal doctrine, demonstrating that liability in service transactions is not merely a legal obligation under national law but also a binding moral and sharia obligation. Practically, the findings highlight the need to strengthen legal literacy and ethical awareness among service providers to ensure fair and accountable consumer protection.
Co-Authors Al Syifa, Khairunnisa Ali, Umar Aradimas, M. Ilham At Janu Nst, Ikhlasul Azzahra, Dhika Daffa, Rahmad Damanik, Wahda Hilwani Desi Anggraini Diningrum, Aulia Haeqal, Muhammad Hakim, Pahmi Haqq, Wadinil Hardinata, Andri Hasibuan, Husnaini Jusnaini Kamila, Zahra Karimuddin, Karimuddin Krisman Krisman Liasari, Deny Eka London LBS, Ishaq Lubis, Ishaq London Luthfiah, Dwi Nur Marhadi Marhadi, Marhadi Mawaddah, Firda Aulia Meidina, Ahmad Rezy Muda, Ilfendri Muhamad Hasan Sebyar Natassia, Putri Rahmi Dewi Ramadhan, Azizan Rizky Ramayanti, Rika Riyanti Riyanti Samino Samino Saputra, Muhammad Sari, Fitri Eka Sentosa Harahap, Dakkal Siregar, Jahara Siregar, Rahmat Mubarok Sumper Mulia Harahap, Sumper Mulia Tanjung, Rima Rahmayani Tarigan, Wahdini Br Turnip, Ibnu Radwan siddik Wahyu Abdul Jafar Wani, Wani Zaitul Zaitul Zarkawi, Ahmad Farhan Zuhdi Ma’aruf Zulfikri Zulfikri, Zulfikri Zulrahimah, Zulrahimah