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All Journal Islam Futura LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Diroyah : Jurnal Studi Ilmu Hadis deliberatif Mazahib Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam Tadabbur: Jurnal Peradaban Islam El-Usrah: Jurnal Hukum Keluarga Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial Takammul : Jurnal Studi Gender dan Islam Serta Perlindungan Anak Jurnal Ilmiah Teunuleh: The International Journal of Social Sciences El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah Al-Mudharabah Jarima: Jurnal Ilmiah Mahasiswa Hukum Pidana Islam
Faisal Yahya
Universitas Islam Negeri Ar-Raniry, Banda Aceh
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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CHANGE OF THE FUNCTION OF GREEN OPEN SPACE (RTH) LAND INTO COMMERCIAL LAND IN GAMPONG TIBANG, SYIAH KUALA DISTRICT: According To The Concept Of Maslahah Nurjannah, Raihan; Yahya, Faisal; Akbar, Hajarul
Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah Vol. 5 No. 2 (2024): Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah
Publisher : Program Studi Hukum Ekonomi Syariah Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/iqtishadiah.v5i2.6576

Abstract

This research aims to examine the change in the function of green open space (RTH) into commercial land in Gampong Tibang, Syiah Kuala District, Banda Aceh, based on the concept of maslahah. Changes in land function in Gampong Tibang include the conversion of RTH land into residential areas, businesses, and public facilities that conflict with the ecological function of the land. This phenomenon has a significant impact, such as decreasing environmental quality, decreasing water absorption capacity, and increasing the risk of flooding. This study uses an empirical legal approach with a descriptive qualitative analysis method. Data were obtained through interviews, observations, documentation, and literature studies. The results of the study show that there has been a change in the function of RTH in Gampong Tibang due to rapid urbanization which has encouraged the conversion of RTH in Gampong Tibang into residential and commercial areas. Although in accordance with Banda Aceh City Qanun Number 2 of 2018 and Perwal Number 13 of 2021 concerning RDTR, this change reduces water absorption capacity and increases the risk of tidal flooding. Land conversion is strictly regulated through the RTRW and RDTR, which allow changes according to their designation. However, ecological impacts and sustainability must be considered so that development continues to support environmental balance. From a maslahah perspective, this change fulfills the basic needs of society (maslahah dharuriyyah) such as housing, but still requires careful planning to ensure environmental sustainability and the long-term welfare of future generations
SUPERVISION OF HOTEL APPLICATIONS IN BANDA ACEH CITY : Study Of Sharia Labeled And Non Labeled Hotels Nufus, Zakiatun; Yahya, Faisal; Mustaqilla, Safira
Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah Vol. 5 No. 2 (2024): Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah
Publisher : Program Studi Hukum Ekonomi Syariah Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/iqtishadiah.v5i2.6577

Abstract

This study aims to determine the use of labeling for sharia hotels in Banda Aceh City, todetermine the halal guarantee for hotels that are not labeled as sharia in Banda Aceh City,and to comply with supervision of sharia regulations in hotels in Banda Aceh City. In thisstudy the author uses a qualitative research method with a descriptive pattern. Data werecollected through interviews, documentation, and literature studies. Data analysis focuseson the labeling of sharia hotels in Banda Aceh City ( study of Sharia Labeled And NonLabeled Hotels). The results of the study indicate that to obtain labeling the hotel must obtaina permit and maintain order, although not all hotels in Banda Aceh City have sharialabeling, but they also comply with sharia rules and they also prohibit guests who are notnon-muhrim couples. The halal guarantee system for sharia hotels that refers to a series ofhotel rules or policies and procedures applied to hotel operations must be in accordancewith sharia principles. Supervision of hotels in the Banda Aceh city o focuses on shariaregulations, namely to ensure comfort for visitors. and see the halalness of products andprovide services that support business actors in obtaining halal certification.
Judge's Consideration in The Case of Forgetfulness of The Cause of Death According to Islamic Criminal Law:: Study of Decision Number 238/Pid.B/2023/PN Bir Muhtadibillah. RA, T.M. Safiir; Yahya, Faisal; Abdullah, Muslim
Jurnal Ilmiah Teunuleh Vol. 6 No. 2 (2025): Jurnal Ilmiah Teunuleh
Publisher : Teunuleh Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51612/teunuleh.v6i2.173

Abstract

Criminal acts due to negligence (culpa) resulting in death are an important issue in the Indonesian criminal law system and Islamic criminal law. This research is motivated by the decision of the Bireuen District Court Number 238/Pid.B/2023/PN Bir, where the defendant was found guilty of his negligence in installing high-voltage electric wires which caused the death of another person. The formulation of the problem in this study includes how the judge considered in making a decision and how the analysis of Islamic criminal law on cases of negligence causing death to another person with the qatlul khatha' theory. This study uses a normative juridical method by analyzing the results of the decision Number 238/Pid.B/2023/PN Bir. The results of the study show that the panel of judges has determined the elements of Article 359 of the Criminal Code, but did not consider the level of negligence as conscious negligence. According to the perspective of Islamic criminal law, the defendant's actions have fulfilled the elements of qatlul khatha', therefore, it is appropriate to be charged with paying diyat and kaffarat.
Criminal Responsibility for Santet Practices in Simeulue Regency from the Perspective of Islamic Criminal Law Umar, Mukhsin Nyak; Mustaqilla, Safira; Yahya, Faisal; Syahrima, Ima; Firdausia, Salsabila
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol. 14 No. 1 (2025)
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v14i1.30122

Abstract

Witchcraft or black magic is still believed to be an act that can cause harm to a person through occult science. The losses caused by witchcraft can be seen directly and clearly in witchcraft victims, but it is difficult to explain medically and scientifically. Although it cannot be proven based on criminal law, the impact of witchcraft can be known based on indications that are widespread in the victim, such as foreign objects found in the victim, causing physical and non-physical suffering for a long time, even causing the victim to die. The focus of this research is on how to resolve witchcraft cases through customary law in the Simeulue community. The method used is qualitative, with data obtained from interviews and supported by literature sources. The results of the study showed that the phenomenon of witchcraft in Langi Village, Teupah Village, and Suka Jaya Village in Simeulue Regency had a motive of displeasure between the perpetrator and the victim. Santet is not always used for evil, but can also be used for good, such as medicine, predicting the whereabouts of a person or lost item (tendung). In general, the people of Simeulue do not accept the presence of witchcraft (for evil) in their lives, but specific individuals still abuse witchcraft as a power to harm people. The abuse of witchcraft that causes others to suffer is not in line with the principles of Islamic criminal law. Witchcraft can be held accountable if proven to have committed a crime that causes harm to others, both physically, psychologically, or socially.
The Role of Syi'ah Hadith in the Tarekat Syattariyah of Abu Peulekung in Aceh, Indonesia Yahya, Faisal; Mubarrak , Husni; Mustaqim, Riza Afrian; Abdullah, Arifin
Diroyah : Jurnal Studi Ilmu Hadis Vol. 9 No. 2 (2025): Diroyah: Jurnal Studi Ilmu Hadis
Publisher : Prodi Ilmu Hadis Fakultas Ushuluddin UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/diroyah.v9i2.39909

Abstract

This study explores the role of Syi'ah hadith in the Tarekat Syattariyah, particularly in the context of the Abu Peulekung community in Aceh, Indonesia. The Tarekat Syattariyah is one of the most prominent Sufi orders in Southeast Asia, known for its unique spiritual practices and teachings, which blend elements of both Sunni and Shia traditions. This research examines how Syi'ah hadith is integrated into the teachings and practices of the order, and how it influences the spiritual lives of its followers. The Abu Peulekung community, located in Aceh, has long been a center for the practice of Tarekat Syattariyah, with a strong emphasis on the teachings of Sufi saints. The use of Syi'ah hadith in this community is notable for its distinct emphasis on the spiritual dimensions of Islamic teachings, particularly in the context of love for the Prophet and his family, which aligns with Shia principles. Through a detailed examination of the hadiths used by the followers of this order, this study highlights the living tradition of Syi'ah hadith in a predominantly Sunni region. It also sheds light on how these hadiths contribute to the development of religious identity, spiritual practices, and inter-sectarian relationships in Aceh. The findings contribute to the broader understanding of the diversity of Islamic traditions in Southeast Asia
Law Enforcement Against Narcotics Trafficking Crimes in Tapaktuan: (Research Study at the South Aceh Police) Firliansyah, Jericho; Yahya, Faisal; Saifullah, Saifullah
Jurnal Ilmiah Teunuleh Vol. 6 No. 4 (2025): Jurnal Ilmiah Teunuleh
Publisher : Teunuleh Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51612/teunuleh.v6i4.218

Abstract

This study discusses law enforcement against narcotics trafficking crimes in the jurisdiction of the South Aceh Police, namely Tapaktuan. Although various preemptive, preventive, and repressive efforts have been carried out in accordance with the provisions of Law Number 35 of 2009. The analysis uses Soerjono Soekanto's law enforcement theory which emphasizes three main elements, namely, legal structure, legal substance, and legal culture. Where the legal structure is one of the most important factors. Because the quality of law enforcement, one of which is the police, greatly affects the success or not of law enforcement. In its implementation, law enforcement carried out by the South Aceh Police has not been optimal. Which shows that the main obstacles lie in the limitation of personnel, inadequate infrastructure, low public legal awareness, and the complexity of the increasingly organized narcotics trafficking network.  The method used is empirical legal research with a qualitative approach through direct interviews with the South Aceh Police Narcotics Headquarters and secondary data collection.  These findings underscore the need for a comprehensive strategy involving strengthening apparatus resources, improving operational facilities, and intensive collaboration between the police, local governments, and the community to reduce the rate of narcotics trafficking in South Aceh
Tinjauan Yuridis Penegakan Hukum Terhadap Anak Sebagai Pelaku Tindak Pidana Perundungan Menurut UU No. 11 Tahun 2012 Tentang Sistem Peradilan Anak Dan Hukum Islam (Studi Kasus di Polresta Banda Aceh) Maulana Fickry Albaba; Sulfanwandi; Faisal Yahya
Jarima: Jurnal Ilmiah Mahasiswa Hukum Pidana Islam Vol. 1 No. 1 (2025): Jarima: Jurnal Ilmiah Mahasiswa Hukum Pidana Islam
Publisher : Program Studi Hukum Pidana Islam, Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jarima.v1i1.56

Abstract

The phenomenon of bullying, especially by children, occurs every year in Banda Aceh City and has a significant negative impact on both victims, perpetrators, and the surrounding environment. This issue requires an approach that is not only oriented towards justice for victims, but also on protecting the rights of children as perpetrators. By paying attention to the balance between justice for victims and protection for perpetrators, while supporting the main objective of the SPPA Law to guarantee the best interests of children. This research was conducted at the Banda Aceh Police as the location for the case study research. This study aims to determine the legal review of law enforcement against children as perpetrators of bullying crimes according to Law no. 11 of 2012 concerning the juvenile justice system and Islamic law, law enforcement efforts against children as perpetrators of bullying crimes at the Banda Aceh Police, and inhibiting factors in law enforcement against children as perpetrators of bullying crimes at the Banda Aceh Police. The research method used is a qualitative method with an empirical legal approach through interviews, literature studies, and documentation. The results of the study indicate that law enforcement against children as perpetrators of bullying in Banda Aceh City refers to the principle of restorative justice as regulated in the Juvenile Justice System Law. This approach prioritizes diversion rather than criminal punishment. However, there are several obstacles, such as minimal public awareness and lack of coordination between related parties in handling cases. From the perspective of Islamic Law, an educational approach and moral improvement are prioritized to prevent bullying behavior and improve the behavior of children as perpetrators.
Co-Authors Abdullah, Muslim Akbar, Hajarul Alfian Alfian Alfian Alfian Arifin Abdullah Arifin, Khairul Bin Faiz, Muhammad Faiyadh FAISAL AHMAD SHAH Firdausia, Salsabila Firliansyah, Jericho Harjoni Harjoni Husni Mubarrak Intan Nadia Afrina Jailani Jailani Kafei Kjoor, Amir Muhammed Maisarah Maisarah Maulana Fickry Albaba Maulidya Annisa Meuthia Sari, Cut Mubarrak , Husni Muhammad Ridha Muhammad Rizki Muhtadibillah. RA, T.M. Safiir Mukdin, Khairani Mukhsin Nyak Umar Nadia Afrina, Intan Nida Ul Fadhila Nufus, Zakiatun Nurjannah, Raihan Riza Afrian Mustaqim Rizki Wahyuni Safira Mustaqilla Saifullah Saifullah Sri Wahyuni Sulfanwandi Syahrima, Ima Wahyuni Muhammad, Sri Wani Maulida Alsa