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ANALYSIS OF TIKTOKSHOP CLOSURE POLICY IN SOCIAL COMMERCE AL ISTIHSAN'S PERSPECTIVE Ainun Elisa; Sudirman Suparmin
Journal Equity of Law and Governance Vol. 4 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.1.9762.198-203

Abstract

The policy of closing Social Commerce TikTokShop is an intriguing phenomenon to be analyzed from the perspective of Al Istihsan. This study employs a normative juridical approach with a library research method to elucidate the impact of this policy on legal provisions, particularly Permendag No.31/2023, and the concept of Al Istihsan in Islamic law. Primary legal materials used in this research are relevant legal provisions related to the operation of TikTokShop, particularly Permendag No.31/2023. In the analysis, the author details the violations committed by TikTokShop against these regulations. Additionally, the author utilizes the concept of Al Istihsan as an alternative legal foundation to evaluate the TikTokShop closure policy. Through the library research method, the author outlines research findings from various sources such as books, magazines, journals, articles, and internet sources relevant to the discussed issue. The analysis results indicate that the closure of TikTokShop can be interpreted as an action inconsistent with the concept of Al Istihsan, which emphasizes justice, public interest, and the fair application of law.This research contributes to the understanding of the legal implications of the TikTokShop closure policy and illustrates the relevance of the Al Istihsan concept as an alternative perspective in evaluating legal actions. Therefore, this research is expected to serve as a reference for researchers, legal practitioners, and policymakers in designing more balanced and effective regulations in the current digital era.
The Implementation of Chemical Castration for Pedophilia Offenders in The Review of Law No.17 Of 2016 And Islamic Criminal Law Khoirul Ikhsan Al amanah; Sudirman Suparmin
Journal Equity of Law and Governance Vol. 5 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.2.10412.74-80

Abstract

This study looks at the Law No. 17/2016's provisions regarding chemical castration as a penalty for pedophilia and contrasts them with Islamic criminal law. This study examines pertinent laws and literature using a normative juridical framework to determine the acceptability and efficacy of chemical castration. The research findings reveal that chemical castration, as an additional punishment in Law No. 17/2016, aims to provide a deterrent effect and protect victims from sexual crimes. However, from the perspective of Islamic criminal law, there are significant differences regarding the permissibility and effectiveness of this punishment, which emphasizes justice, victim recovery, and proportional punishment. This study concludes that although chemical castration is considered a preventive measure in Indonesia's positive legal system, its implementation needs to be further considered in order to comply with the principles of justice in Islamic criminal law.
Does Economic Growth, Government Spending, Open Unemployment, and Consumption Patterns Affect the Human Development Index Islamic and Human Development Index? M. Iriansyah Harahap; Asmuni; Sudirman Suparmin
IQTISHODUNA: Jurnal Ekonomi Islam Vol. 13 No. 2 (2024): October
Publisher : LPPM, Universitas Islam Syarifuddin Lumajang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54471/iqtishoduna.v13i2.2515

Abstract

This concept cannot yet be a universal measure of human development. The Islamic human development index (I-HDI) is here to offer a concept for measuring human development based on maqāṣid al-sharī‘ah. The research aims to analyze economic growth in mediating the influence of government spending on the education, health, and social sectors, open unemployment, and consumption patterns on I-HDI and HDI. The research results of government spending on the education, health, and social sectors as well as consumption patterns is positive and significant, while economic growth and the Open Unemployment Rate (TPT) have a positive but not significant effect on I-HDI. Meanwhile, government spending on the health sector, social sector, and consumption patterns have a positive and significant effect, government spending on the education sector has a negative and insignificant effect, and economic growth and TPT have a positive and insignificant effect on HDI. The magnitude of the direct influence on IHDI is 53.04 percent and on HDI is 59.71 percent. Economic growth as an intervening variable is unable to mediate the influence of government spending on the education sector, government spending on the health sector, government spending on the social sector, TPT, and consumption on I-HDI and HDI.
TREND NIKAH DI KUA TANPA WALIMAH DALAM PERSPEKTIF ‘URF (STUDI KASUS DI KECAMATAN PENANGGALAN) Agustina Berutu; Sudirman Suparmin
Raudhah - Proud To Be Professional مجلد 8 عدد 3 (2023): Raudhah Proud To Be Professionals: Jurnal Tarbiyah Islamiyah- Desember 2023
Publisher : Sekolah Tinggi Agama Islam Raudhatul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.48094/raudhah.v8i3.557

Abstract

Abstract This research aims to find out how the trend of meriage without walimah, walimah and the law of carrying it out, ‘urf and its position,how the custom of the community in penanggalan sub-district in the marriage process, and walimah in the perspective of ‘urf and culture. This research is included in the qualilative approach research, namely qualitative research using descriptive da in the form of written or spoken words from people. And also using library research that collects data from books,journals, and sources relevan to this research.
Traditional Marriage Practices of the Javanese Community in Langkat District, North Sumatra: An Islamic Legal Perspective Ishaq Ishaq; Asmuni Asmuni; Sudirman Suparmin
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 7, No 1 (2023): Vol. 7, No. 1, October 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v7i1.36940

Abstract

Marriage in Islamic law has been clearly stated regarding its pillars, conditions, and the permissible and prohibited provisions. This study aims to analyze the Javanese customary marriage practices of the people in Langkat Regency, North Sumatra Province, considering that the community still strongly adheres to various wedding processes as inherited from their ancestors, from the perspective of Islamic law. This research is empirical and uses a social approach. The data analysis employed is the Miles and Huberman model, with the steps of data reduction, data display, and conclusion drawing and verification. In practice, Javanese customary marriages among the people of Langkat Regency still feature a series of traditional Javanese wedding ceremonies, even though they live outside Java Island. The analysis of Islamic law's perspective on Javanese customary marriage shows a dynamic interaction between cultural traditions and religious principles. Determining auspicious wedding days based on 'primbon' can be accepted in Islam as long as it does not involve beliefs in supernatural elements contrary to Islamic law. Furthermore, the practices of 'kembar mayang' and 'pecah telur' in Javanese customary marriage are considered 'urf fasidah (customs contrary to Islamic law) because they involve beliefs in things not based on Islamic teachings. The accommodation process of Islamic law in Javanese marriage customs demonstrates a harmonious integration effort between religion and culture. From an Islamic viewpoint, cultural traditions can be accepted and integrated as long as they do not conflict with the fundamental principles of the religion.