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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.
Unregistered Divorce Practices in Rural Indonesian Muslim Communities: Legal and Cultural Dimensions Diningrum, Aulia; Efendi, Rahmad
DIKTUM: Jurnal Syariah dan Hukum Vol 24 No 1 (2026): DIKTUM: Jurnal Syariah dan Hukum (Inpress)
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v24i1.14747

Abstract

Background: Unregistered divorce is carried out without going through the official procedure at the Religious Court, making it unrecognized under state law despite being valid according to Islamic law. This situation creates various legal issues, particularly regarding the legitimacy of registering children with the Civil Registry and Population Administration Office after such a divorce. Purpose: This study aims to analyze the interplay between legal norms and cultural practices in unregistered divorce highlighting how these practices affect the legal identity of children and exploring their implications within both Islamic legal thought and anthropological perspectives. Methods: This study employs an empirical juridical approach using field research methods. Primary data were obtained through interviews with community leaders, religious figures, and residents who engaged in unregistered divorces. Meanwhile, secondary data were collected from legal literature, statutory regulations, and other scholarly references. The analysis was conducted qualitatively through the stages of data reduction, data presentation, and conclusion drawing. Findings: The study reveals that unregistered divorce is often legitimized by cultural consensus and religious approval at the local level, despite its non-compliance with formal legal procedures. Such practices contribute to the exclusion of children from official civil registration, limiting their access to legal rights. The findings indicate that religious authority and local customs operate as parallel legal systems, occasionally challenging the state’s regulatory framework. Theoretical and Practical Implications: The research enriches anthropological approaches to Islamic jurisprudence by illustrating how fiqh adapts and transforms in localized contexts. Practically, it suggests the need for culturally sensitive legal reforms and community-based legal literacy programs to bridge the gap between state law and community practices. Originality/Novelty: This study is among the first to integrate an anthropological reading of fiqh with empirical legal research on unregistered divorce in Indonesia, offering a nuanced understanding of how local Muslim communities reconcile religious norms with socio-legal realities.
Pendistribusian Zakat oleh BAZNAS Kabupaten Pakpak Bharat berdasarkan Undang-Undang Nomor 23 Tahun 2011 tentang Pengelolaan Zakat Aradimas, M. Ilham; Efendi, Rahmad
AL-SULTHANIYAH Vol. 14 No. 2 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i2.4199

Abstract

This study aims to examine the implementation of muamalah legal principles in the distribution of zakat by the National Amil Zakat Agency (BAZNAS) of Pakpak Bharat Regency, in accordance with Law No. 23 of 2011. It also seeks to identify the challenges encountered and formulate strategic measures to improve the effectiveness of zakat distribution. The research employs an empirical juridical method, emphasizing primary data obtained directly from BAZNAS Pakpak Bharat through field research. Data were collected through direct observation and interviews with BAZNAS officials, and subsequently analyzed qualitatively to explore the practical application of law within society. The findings indicate that BAZNAS Pakpak Bharat has endeavored to apply the principles of justice, transparency, trustworthiness (amanah), benefit, and legal certainty in zakat distribution. Nevertheless, significant obstacles remain, such as low public awareness of channeling zakat through official institutions, limited human resources, accountability issues, bureaucratic complexity, and the necessity to adapt to socio-economic dynamics. Only 11 out of 78 mosque congregations are registered as Zakat Collection Units (UPZ), reflecting the untapped potential of zakat. Hence, the study recommends strengthening public education, enhancing human resource capacity, improving transparency, developing productive programs, and optimizing the role of UPZ.
PEMETAAN ASET DAN POTENSI EKONOMI LOKAL MASYARAKAT DUSUN P. NAULI : STRATEGI PEMBERDAYAAN MELALUI PROGRAM KKN BERBASIS ASSET BASED COMMUNITY DEVELOPMENT (ABCD) Efendi, Rahmad; Siregar, Rahmat Mubarok; Haqq, Wadinil; Siregar, Jahara; Hasibuan, Husnaini
Media Mahardhika Vol. 24 No. 1 (2025): September 2025
Publisher : STIE Mahardhika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29062/mahardika.v24i1.1418

Abstract

This study aims to map the assets and local economic potential of the community in Pardomuan Nauli Hamlet, Selayang Baru Village, Selesai Subdistrict, Langkat Regency, by employing the Asset-Based Community Development (ABCD) approach. Pardomuan Nauli Hamlet possesses unique characteristics, as the majority of its residents are of Batak ethnicity, maintaining strong customary traditions, and are religiously homogeneous (Christian and Catholic). The research employed a descriptive qualitative method, with data collected through in-depth interviews, participatory observation, and documentation. The primary informant in this study was the Head of Pardomuan Nauli Hamlet. The findings reveal that the community possesses six major categories of assets: natural assets, consisting of 65 hectares of productive rice fields, rubber, and oil palm plantations; human assets, with a predominance of people within the productive age range (20–50 years) and aspirations for higher education; social assets, represented by the Serikat Tolong Menolong (STM), which plays a central role in customary and social solidarity; cultural assets, reflected in the preservation of Batak traditions in marriage, death rituals, and genealogical systems; religious assets, encompassing nine churches that serve as both spiritual and social centers; and physical assets, such as water pumps and rice threshing machines. Nevertheless, the community also faces several challenges, including dependence on rice farming that is vulnerable to crop failure due to pests, the high cost of fertilizers and pesticides, the limited involvement of youth in social organizations, and insufficient healthcare facilities and road infrastructure. Based on these findings, relevant empowerment strategies include mobilizing local assets through the establishment of farmer cooperatives grounded in STM and church networks, diversifying agricultural products, strengthening the role of youth, and promoting Batak traditions as a potential cultural tourism attraction. Thus, the application of the ABCD approach in Pardomuan Nauli Hamlet can strengthen economic self-reliance while simultaneously preserving the community’s cultural identity.
Game of Farms: Dualisme Kepengaturan Regenerasi Petani Efendi, Rahmad
Tamkin: Jurnal Pengembangan Masyarakat Islam Vol. 10 No. 3 (2025): Tamkin: Jurnal Pengembangan Masyarakat Islam
Publisher : Jurusan Pengembangan Masyarakat Islam, Fakultas Dakwah dan Komunikasi, UIN Sunan Gunung Dj

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/tamkin.v10i3.51453

Abstract

ABSTRAK Tulisan ini bertujuan untuk: (1) Membedah cara kerja pengaturan (governmentality) dalam program negara dan pendekatan komunitas dalam pertanian; (2) Menganalisis proses pembentukan identitas “petani muda” dari kedua model tersebut. Metode yang dipakai adalah analisis kritis kualitatif, dengan menggunakan kerangka teori governmentality Foucault, Teori Jaringan-Aktor, dan teori gamifikasi. Hasil penelitian menunjukkan: (1) Gamifikasi negara berfungsi sebagai alat praktis untuk menanamkan semangat kompetisi, sementara pendekatan seni komunitas membangun keterlibatan (engagement) dari dalam diri. (2) Model negara menciptakan sosok agripreneur yang individualis, sementara model komunitas membentuk sosok penjaga jaringan kolektif yang kolaboratif. Implikasinya, isu regenerasi petani bergeser dari sekadar masalah teknis menjadi sebuah pilihan politis. Hal ini menegaskan bahwa pilihan antara individualisme pasar dan kebersamaan agraris akan menjadi penentu utama bagi arah kedaulatan pangan Indonesia di masa depan. Kata Kunci : Govermentality; Regenerasi; Petani Muda ABSTRACT This study aims to: (1) analyze the mechanisms of governance (governmentality) in state-led gamification programs and community-based approaches; (2) analyze the identity formation process of the "young farmer" in both models. The method used is qualitative critical analysis, employing the theoretical frameworks of Foucault's governmentality, Actor-Network Theory, and gamification theory. The research findings show that: (1) State-led gamification serves as a pragmatic tool to instill a competitive spirit, while the community arts approach builds intrinsic engagement. (2) The state model creates the subject of the individualistic neoliberal agripreneur, whereas the community model forms the archetype of the collaborative collective network guardian. The implication is that the issue of farmer regeneration shifts from being a mere technical problem to a political choice. This affirms that the choice between market individualism and agrarian collectivism will be a key determinant for the future direction of Indonesia's food sovereignty. Keywords: Governmentality; Regeneration, Young Farmers
Boundary of Istimta' For Husband Against Menstruating Wife (Comparative Study of Imam Malik and Imam As Syafi'i) Hakim, Pahmi; Efendi, Rahmad
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.3117

Abstract

This research examines the "Istimta' Limits' For Husbands Toward Wife Who Has Menstruation. In more detail, it discusses ISTIMTA'. is a law that is prescribed for a couple so that there is no more opportunity for the husband to commit adultery even though the wife is menstruating, therefore there is a limit of istimta' for the husband towards the wife who is menstruating so that it is more build good family relationships.Opportunities for adultery for husbands are very few because the majority of scholars allow istimta' but differ in opinion as to what istimta' (having fun) with a menstruating wife can be chosen by the husband taking into account the procedures and procedures in accordance with Islamic law. There are several laws that the scholars are not united and have different opinions, in particular regarding the concept of istimta limits.This research is about to examine the opinion of two madhhab priests, namely Imam as Syafi'i and Imam Al Maliki.The problem being investigated is how the views of imam as Syafi'i and imam maliki on the concept of istimta' law on menstruating women. This study aims to analyze the views of two priests of the madhhab, namely Imam As Syafi'i and Imam Al Maliki regarding the limit of istimta' for husbands towards wives who are menstruating. This research is research that uses a normative approach with a qualitative descriptive method, ie describes the views of two madhhab priests, namely imam as Syafi'i and imam Al Maliki. Research results obtained from the discussion of this study, namely that if a wife is menstruating there is a limit for the husband to be istimta' with said wife, so when a husband ignores the istimta' limits for a husband towards a wife who is menstruating which is permissible then the law is haram. So it is important to explain in this related thesis.
Buying and Selling Marijuana Coffee in Cross Medan, Southeast Aceh Perspective of DSN MUI Fatwa No.110/DSN-MUI/IX/2017 Al Syifa, Khairunnisa; Efendi, Rahmad
Journal of Law, Politic and Humanities Vol. 4 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities (January - February 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i2.324

Abstract

Buying and selling is an agreement to exchange goods that has benefits for the user. In its implementation, buying and selling must be based on the provisions of Islamic law, in that it does not contain elements that are forbidden, because of Allah SWT. has permitted buying and selling and prohibited usury. The concept of buying and selling in Islam encourages transactions that are honest, fair and beneficial to both parties as well as maintaining a good relationship with Allah and gaining His approval. The practice of buying and selling marijuana coffee across Medan, Southeast Aceh violates legal regulations. Of course, coffee can be consumed halally, but not marijuana. The combination of coffee and marijuana is a problem whether this type of drink is halal for consumption, in the perspective of DSN MUI Fatwa No.110/DSN-MUI/IX/2017 concerning Sale and Purchase Agreements. If buying and selling marijuana coffee is carried out then this buying and selling is not valid according to Islamic law because there are elements of haraam which are prohibited both by religion and by law in Indonesia. The research method used is an empirical juridical method, namely field research, using a qualitative approach.
Bank Interest in the Contemporary Era: Problem of Ad'afan Muda'afah Interpretation in Determining Law of Usury Karimuddin, Karimuddin; Haeqal, Muhammad; Efendi, Rahmad; Marhadi, Marhadi; Meidina, Ahmad Rezy
MILRev: Metro Islamic Law Review Vol. 3 No. 1 (2024): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v3i1.8948

Abstract

Usury in Islam is a prohibited system in the Qur'an and hadith. The system is not recognized in the modern banking system, leading to different opinions among Muslims in determining the legality of bank interest. Therefore, this research aimed to explore the contemporary law of bank interest, focusing on the different opinions among the mufasir on the definition of Ad'afan Muda'afah as a basis for determining the legality of usury. A normative method was adopted, and a literature review of several scholars was conducted on usury law and the interpretation of Ad'afan Muda'afah. The data was analyzed considering the modern banking system within the framework of Islamic law, particularly Maqashid Shari'ah. The results showed that the difference in the illat used for bank interest law varied in legal conclusions. Despite efforts to forbid bank interest, Muslims did not attain a definite solution to avoid this issue. Consequently, bank interest was temporarily sanctioned under certain conditions such as not being compounded, having low interest, and not comprising any form of persecution. To address this problem, Muslims should support the existence of Islamic bank producing muamalah products according to Islamic Sharia.
Implementasi Kebijakan Kawasan Tanpa Rokok Rumah Sakit Pertamina Bintang Amin Lampung Riyanti, Riyanti; Sari, Fitri Eka; Samino, Samino; Hardinata, Andri; Liasari, Deny Eka; Azzahra, Dhika; Ramayanti, Rika; Efendi, Rahmad
Jurnal Kreativitas Pengabdian Kepada Masyarakat (PKM) Vol 7, No 9 (2024): Volume 7 No 9 (2024)
Publisher : Universitas Malahayati Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33024/jkpm.v7i9.14029

Abstract

ABSTRAK Kawasan tanpa rokok atau KTR yang merupakan ruangan atau area yang dinyatakan dilarang untuk kegiatan merokok atau kegiatan memproduksi, menjual, mengiklankan dan/atau mempromosikan produk tembakau. Mengimplementasikan strategi promosi kesehatan guna menyelesaikan permasalahan kesehatan terkait dengan aturan Kawasan Bebas Rokok. Skema Alur Pelaksanaan Penyampaian hasil analisis situasi, prioritas masalah dan akar masalah tentang implementasi Kawasan Tanpa Rokok (KTR) di RSPBA, dilakukan dengan cara konsolidasi dan presentasi hasil analisa masalah. Kegiatan konsolidasi ini dihadiri oleh Manajemen RSPBA dan Pembimbing Akademik. Pada dasarnya pengunjung menyadari akan pentingnya melestarikan lingkungan tanpa asap rokok. Namun dalam pelaksanaan dibutuhkan motivasi dan dukungan majemen terhadap pengawas puntung rokok dalam menjalankan tugasnya dengan diberikan kewenangan. Pelaksanaan kegiatan Pengabdian Masyarakat dengan sosialisasi dan aksi sosial memberikan mafaat yang signifikan pada wilayah kerja RS Pertamina Bintang Amin maupun pengunjung. Dengan aksi sosial tersebut memberikan manfaat kesegaran udara dan kenyamanan sehingga meningkatkan kunjungan pasien di RS Pertamina Bintang Amin. Kata Kunci: Kebijakan Rumah Sakit, Kawasan Tanpa Asap Rokok (KtR)  ABSTRACT A non-smoking area or KTR is a room or area that is prohibited for smoking or activities for producing, selling, advertising and/or promoting tobacco products. Implement health promotion strategies to resolve health problems related to Smoke-Free Zone regulations. Implementation Flow Scheme Submission of the results of the situation analysis, problem priorities and root causes regarding the implementation of Smoke Free Zones (KTR) at the RSPBA, is carried out by consolidating and presenting the results of the problem analysis. This consolidation activity was attended by RSPBA Management and Academic Advisors. Basically, visitors are aware of the importance of preserving an environment without cigarette smoke. However, implementation requires motivation and management support for cigarette butt supervisors in carrying out their duties with the authority they are given. Implementing Community Service activities with outreach and social action provides significant benefits to the Pertamina Bintang Amin Hospital work area and visitors. This social action provides the benefits of fresh air and comfort thereby increasing patient visits at Pertamina Bintang Amin Hospital. Keywords: Hospital Policy, Smoke Free Area (KtR)