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All Journal Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Al-Mustashfa SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Tawazun: Journal of Sharia Economic Law El-Usrah: Jurnal Hukum Keluarga Jurnal Investasi Islam Islamic Circle Syarah: Jurnal Hukum Islam dan Ekonomi El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah As-Siyadah: Jurnal Politik dan Hukum Tata Negara Tasyri' JURISTA : Jurnal Hukum dan Keadilan Al-Mudharabah
Nahara Eriayanti
Universitas Islam Negeri Ar-Raniry Banda Aceh
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Tinjauan Yuridis Atas Tidak Terpenuhinya Prasyarat Usia Pemohon Dalam Pengangkatan Anak Fakhrurrazi M. Yunus; Nahara Eriyanti; Izza Alta Fathia
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 1 No 2 (2021): El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (384.434 KB) | DOI: 10.22373/hadhanah.v1i2.1622

Abstract

Government Regulation Number 54 of 2007 concerning the Implementation of Child Adoption explains that the age of prospective adoptive parents is at least 30 (thirty) years old and the highest is 55 (fifty five) years. In the Determination of the Banda Aceh Syar'iyah Court Number 120/Pdt.P/2019 it is stated that a single parent who wants to adopt a child is 59 years old, which according to applicable legal provisions does not meet the requirements or has passed the age limit in the requirements for child adoption. In this case, the Banda Aceh Syar'iyah Court rejected the Petitioner's application, then the Petitioner submitted an application to the cassation level, so that the Supreme Court's decision Number 777 K/Ag/2019 was granted. This study aims to explain the legal considerations by the judges of the Supreme Court in granting Decision Number 777 K/Ag/2019 concerning Child Adoption, to explain the juridical review of Decision Number 777 K/Ag/2019 regarding the cancellation of the first-degree determination. The research method that the author uses is a qualitative descriptive analysis, which consists of primary data materials and secondary data. The results of the study explained that the Supreme Court granted the appeal by using clear legal arguments that were against the legislation. The panel of judges of the Supreme Court granted the request by looking at the advantages and benefits for the adopted child who is the nephew of the single parent. Thus, there was jurisprudence used by judges for the case of Decision Number 777 K/Ag/2019 which is a source of material law. The Supreme Court has issued its decision with legal considerations, the rule of law may be set aside. Juridically, the decision of the Supreme Court is in accordance with the rules in force in Indonesia. With this decision, it can be used as jurisprudence for further judges to handle the same case.
'Urf Pernikahan Warga Gampong Padang di Kecamatan Setia Bakti Kabupaten Aceh Jaya rahmayani rahmayani; Ihdi karim; Nahara Eriyanti
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 2 No 2 (2022): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1012.525 KB) | DOI: 10.22373/hadhanah.v2i2.1848

Abstract

There are often various customs of marriage customs in society. From these marriage habits, some are not contrary to Sharia but there are also the opposite. For this the customs/customs of marriage need to be traced using the review of 'urf, so that it is thus identified whether it belongs to 'urf shahih or 'urf fasid. From that, this study formulated two problems, including how the marriage habits carried out by a small number of Gampong Padang residents and what 'urf reviews these marriage habits are. To answer these two formulations, the author uses a library research method with several approaches, namely the case approach, legislation, and the 'urf theory approach. The result obtained from this study is that there is a small percentage of Gampong Padang residents who hand over the fate of their marriage to someone who is held under the name waled / walidi. After collecting several waled people then determined a mate against them. After the arranged marriage proceeds to the stage around sawa mountain, to the tomb of ureung malem for the ritual summoning of ancestral spirits and sirri marriage. Based on these data, researchers categorize the marriage habit into two forms of 'urf, namely shahih and fasid. What is included in the urf shahih is the arranged marriage and marriage of sirri, the arranged marriage is done voluntarily and so is the sirri marriage carried out according to the marriage. Meanwhile, what is included in the 'urf fasid is to surround the sawa mountain and to the tomb of the mountain malem for ancestral spirit summoning rituals, because it contains shirk and adultery. It should not be a custom that is fasid because a concept of custom can be done if it does not conflict with the syara'.
THE USE OF SCALES IN THE KOTA FAJAR’S VILLAGE FISH MARKET ACEH SELATAN FROM THE PERSPECTIVE OF FIQH MUAMALAH Nahara Eriyanti
Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah Vol 3 No 2 (2022): Jurnal Al-Iqtishadiah
Publisher : Program Studi Hukum Ekonomi Syariah Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (276.773 KB) | DOI: 10.22373/iqtishadiah.v3i2.2364

Abstract

Market is one of the means used to carry out buying and selling transactions. Buying and selling that took place at the village of Kota Fajar fish market involved traders using scales that were not suitable for use, causing the fish to be weighed not according to their proper weight. Scales are important equipment that must be owned by traders who aim to find out the exact size of the fish being traded. Traders in the fish market generally use spring scales in buying and selling because they are very easy to use. This study aims to find out how the practice of buying and selling fish and the mechanism of traders in the fish market in using scales and how to use scales in the village of Kota Fajar fish market in the perspective of fiqh muamalah in terms of the tadlis elements’s existence. In this study, the authors used a descriptive analysis method with primary data obtained from field research and secondary data obtained from library research. The results of the study showed that the practice of buying and selling at the village of Kota Fajar fish market is that traders sell fish by using a spring scale as a weighing device, but there are also some traders selling fish by stacking it. The use of scales by fish traders is not fully follow fiqh muamalah and there is an element of tadlis in quantity which causes trading to be invalid, where fish traders still use spring scales which are rusty and the springs are weak which causes the measurements to be inaccurate, and there is the intentional element is carried out by the fish trader even though he knows that the scales used are not suitable for use, resulting in the buyer experiencing a loss.
Pedoman Hakim Dalam Mengadili Permohonan Perkara Dispensasi Kawin Menurut PERMA No. 5 Tahun 2019 Burhanuddin Abd. Gani; Putri Ramadhani; Nahara Eriyanti
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 1 No 2 (2021): El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (517.202 KB) | DOI: 10.22373/hadhanah.v1i2.1624

Abstract

In the Regulation of the Supreme Court of the Republic of Indonesia No. 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation, article 15 letter (d) states that examining a child for whom a marriage dispensation is requested may seek a recommendation from a psychologist or professional Social Worker Doctor/Midwife, Social Welfare Personnel, Integrated Service Center for the Protection of Women and Children (P2TP2A). , Indonesian/Regional Child Protection Commission (KPAI/KPAD). However, in reality the implementation of the Banda Aceh Syar'iyah Court's decision with Case number 5/Pdt.P/2021/Ms.Bna, the Judge granted the petition for a marriage dispensation by the applicant without fulfilling the conditions stated in article 15 in letter (d). In addition, in the community, parents who marry off their children have not reached the age stipulated by law, and without a recommendation letter from a doctor, even though it is very important for the reproductive health of the prospective bride. The question in this thesis research is the first dispensation for marriage according to PERMA No. 5 of 2019 concerning guidelines for adjudicating applications for dispensation for marriage against underage women, and the second consideration of the judges of the Banda Aceh syar'iyah court in granting requests for dispensation for marriage to underage women. This study uses a qualitative method. The results of the study found that the marriage dispensation according to PERMA No. 5 of 2019 regarding guidelines for adjudicating applications for dispensation for marriage is that the application can be submitted for those who are not of the age in accordance with statutory regulations no. 16 of 2019 regarding amendments to law no. 1 of 1974. And the judge's consideration in granting the application for dispensation for marriage without fulfilling the conditions stipulated in PERMA No. 5 of 2019 in article 15 letter d because these conditions are supporting conditions, this can be seen from the age of the applicant because of concerns that occur in the reproduction of the woman because she is still a minor.
PUTUSAN PENGADILAN TATA USAHA NEGARA BANDA ACEH NOMOR : 33/G/2019/PTUN-BNA GUGATAN TERHADAP BUPATI ACEH BARAT DAYA DITINJAU DARI UNDANG UNDANG NOMOR 5 TAHUN 2014 TENTANG APARATUR SIPIL NEGARA Yasir Arafat Yun; Rispalman; Nahara Eriyanti
As-Siyadah : Jurnal Politik dan Hukum Tata Negara Vol 1 No 1 (2022): September As-Siyadah : Jurnal Politik dan Hukum Tata Negara
Publisher : Prodi Hukum Tata Negara (Siyasah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (560.74 KB)

Abstract

Penyelenggaraan tugas-tugas pemerintahan dan kenegaraan dalam suatu negara hukum itu terdapat aturan-aturan hukum yang tertulis dalam konstitusi atau peraturan-peraturan yang terhimpun dalam hukum tata negara. Pada perkara Nomor 33/G/2019/PTUN.BNA, antara Darwis. B, Spd melawan Bupati Aceh Barat Daya terhadap kasus pemberhentian jabatan sebagai Pegawai Negri Sipil (PNS). Dalam perkara ini majelis hakim mengabulkan gugatan penggugat seluruhnya. Dari uraian permasalahan tersebut diatas maka penulis tertarik untuk meneliti ”Pelaksanaan putusan Pengadilan Tata Usaha Banda Aceh Nomor : 33/G/2019/PTUN.BNA gugatan terhadap Bupati Aceh Bara Daya ditinjau dari Undang Undang Nomor 5 tahun 2014 dalam bentuk Skripsi”. Rumusan masalah penelitian ini adalah “Bagaimana mekanisme pelaksanaan putusan PTUN yang sudah berkekuatan hukum tetap dan putusan pengadilan tata usaha negara ditinjau dari pertimbangan hakim dan undang undang nomor 5 tahun 2014?”. Penelitian ini mengunakan pendekatan yuridis normatif metode penelitian kualitatif, yaitu jenis suatu penelitian yang bersifat deskriptif dan cenderung menggunakan analisis. Ditinjau dari Undang- Undang Nomor 5 Tahun 2014 tentang Aparatur Sipil Negara, dimana hakim telah membuat putusan yang sesuai dengan Undang undang dengan berbagai pertimbangan sehingga aparatur sipil negara yang dapat diberhentikan dengan tidak hormat berdasarkan ketentuan pasal 87 ayat (4) UU Nomor 5 Tahun 2014 dan ketentuan pasal 250 huruf b PP Nomor 11 Tahun 2017 tentang menajemen Pegawai Negeri Sipil yaitu hanya ASN yang menduduki jabatan berdasarkan ketentuan pasal 13 UU Nomor 5 Tahun 2014 tentang Aparatul Sipil Negara.
Upaya Kantor Urusan Agama Dalam Meminimalisir Nikah Melalui Kadi Liar Mohd. Kalam Daud; Nahara Eriyanti; Nani Ikhwana
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 1 No 1 (2021): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v1i1.1614

Abstract

In Indonesia, the procedure made for the Islamic community is that the marriage must be officially registered with the competent authority and published in accordance with the Marriage Law Number 1 of 1974 and must meet the requirements and pillars so that the marriage is valid. However, some people in North Singkil District still carry out their marriages that are not officially registered and the marriages are carried out through a guardian judge who is not appointed by the Minister of Religion or an official appointed by him, who is known in the community as a wild qadi. The formulation of the problem in this study is why people marry through illegal qadi, what are the obstacles and efforts of the North Singkil Religious Affairs Office in minimizing marriage through illegal qadi. In this study the authors use field research (field research). Based on the results of the study, the reasons why the people of North Singkil married through illegal qadi were because they were pregnant out of wedlock, avoiding administrative procedures, because of dishonest intentions, lack of education and understanding about marriage, and not old enough. The obstacles faced by KUA in minimizing marriages through cadiliar are: the lack of public awareness and understanding of the law, the absence of a firm sanction for those who marry through illegal qadi, and there are still many clerics who are willing to marry off on the grounds of avoiding adultery without registering their marriages with the KUA. The efforts made by the North Singkil KUA are to disseminate information to the public about the importance of registered marriages, conduct counseling on the registration of marriages and happy families through Islamic religious educators., as well as providing an explanation of marital problems at the time of the marriage ceremony.
Tinjauan Yuridis Atas Tidak Terpenuhinya Prasyarat Usia Pemohon Dalam Pengangkatan Anak Fakhrurrazi M. Yunus; Nahara Eriyanti; Izza Alta Fathia
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 1 No 2 (2021): El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v1i2.1622

Abstract

Government Regulation Number 54 of 2007 concerning the Implementation of Child Adoption explains that the age of prospective adoptive parents is at least 30 (thirty) years old and the highest is 55 (fifty five) years. In the Determination of the Banda Aceh Syar'iyah Court Number 120/Pdt.P/2019 it is stated that a single parent who wants to adopt a child is 59 years old, which according to applicable legal provisions does not meet the requirements or has passed the age limit in the requirements for child adoption. In this case, the Banda Aceh Syar'iyah Court rejected the Petitioner's application, then the Petitioner submitted an application to the cassation level, so that the Supreme Court's decision Number 777 K/Ag/2019 was granted. This study aims to explain the legal considerations by the judges of the Supreme Court in granting Decision Number 777 K/Ag/2019 concerning Child Adoption, to explain the juridical review of Decision Number 777 K/Ag/2019 regarding the cancellation of the first-degree determination. The research method that the author uses is a qualitative descriptive analysis, which consists of primary data materials and secondary data. The results of the study explained that the Supreme Court granted the appeal by using clear legal arguments that were against the legislation. The panel of judges of the Supreme Court granted the request by looking at the advantages and benefits for the adopted child who is the nephew of the single parent. Thus, there was jurisprudence used by judges for the case of Decision Number 777 K/Ag/2019 which is a source of material law. The Supreme Court has issued its decision with legal considerations, the rule of law may be set aside. Juridically, the decision of the Supreme Court is in accordance with the rules in force in Indonesia. With this decision, it can be used as jurisprudence for further judges to handle the same case.
Pedoman Hakim Dalam Mengadili Permohonan Perkara Dispensasi Kawin Menurut PERMA No. 5 Tahun 2019 Burhanuddin Abd. Gani; Putri Ramadhani; Nahara Eriyanti
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 1 No 2 (2021): El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v1i2.1624

Abstract

In the Regulation of the Supreme Court of the Republic of Indonesia No. 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation, article 15 letter (d) states that examining a child for whom a marriage dispensation is requested may seek a recommendation from a psychologist or professional Social Worker Doctor/Midwife, Social Welfare Personnel, Integrated Service Center for the Protection of Women and Children (P2TP2A). , Indonesian/Regional Child Protection Commission (KPAI/KPAD). However, in reality the implementation of the Banda Aceh Syar'iyah Court's decision with Case number 5/Pdt.P/2021/Ms.Bna, the Judge granted the petition for a marriage dispensation by the applicant without fulfilling the conditions stated in article 15 in letter (d). In addition, in the community, parents who marry off their children have not reached the age stipulated by law, and without a recommendation letter from a doctor, even though it is very important for the reproductive health of the prospective bride. The question in this thesis research is the first dispensation for marriage according to PERMA No. 5 of 2019 concerning guidelines for adjudicating applications for dispensation for marriage against underage women, and the second consideration of the judges of the Banda Aceh syar'iyah court in granting requests for dispensation for marriage to underage women. This study uses a qualitative method. The results of the study found that the marriage dispensation according to PERMA No. 5 of 2019 regarding guidelines for adjudicating applications for dispensation for marriage is that the application can be submitted for those who are not of the age in accordance with statutory regulations no. 16 of 2019 regarding amendments to law no. 1 of 1974. And the judge's consideration in granting the application for dispensation for marriage without fulfilling the conditions stipulated in PERMA No. 5 of 2019 in article 15 letter d because these conditions are supporting conditions, this can be seen from the age of the applicant because of concerns that occur in the reproduction of the woman because she is still a minor.
'Urf Pernikahan Warga Gampong Padang di Kecamatan Setia Bakti Kabupaten Aceh Jaya rahmayani rahmayani; Ihdi karim; Nahara Eriyanti
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol 2 No 2 (2022): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v2i2.1848

Abstract

There are often various customs of marriage customs in society. From these marriage habits, some are not contrary to Sharia but there are also the opposite. For this the customs/customs of marriage need to be traced using the review of 'urf, so that it is thus identified whether it belongs to 'urf shahih or 'urf fasid. From that, this study formulated two problems, including how the marriage habits carried out by a small number of Gampong Padang residents and what 'urf reviews these marriage habits are. To answer these two formulations, the author uses a library research method with several approaches, namely the case approach, legislation, and the 'urf theory approach. The result obtained from this study is that there is a small percentage of Gampong Padang residents who hand over the fate of their marriage to someone who is held under the name waled / walidi. After collecting several waled people then determined a mate against them. After the arranged marriage proceeds to the stage around sawa mountain, to the tomb of ureung malem for the ritual summoning of ancestral spirits and sirri marriage. Based on these data, researchers categorize the marriage habit into two forms of 'urf, namely shahih and fasid. What is included in the urf shahih is the arranged marriage and marriage of sirri, the arranged marriage is done voluntarily and so is the sirri marriage carried out according to the marriage. Meanwhile, what is included in the 'urf fasid is to surround the sawa mountain and to the tomb of the mountain malem for ancestral spirit summoning rituals, because it contains shirk and adultery. It should not be a custom that is fasid because a concept of custom can be done if it does not conflict with the syara'.
REVIEW OF SHARIA ECONOMIC LAW ON STAPLE STOMACHING Fira Salsabila Zuhra; Ida Friatna; Nahara Eriyanta
JURISTA: Jurnal Hukum dan Keadilan Vol. 5 No. 1 (2021): JURISTA: Jurnal Hukum dan Keadilan
Publisher : Centre for Adat and Legal Studies of Aceh Province (CeFALSAP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.1234/jurista.v5i1.10

Abstract

In Islam iḥtikār, namely the hoarding of goods is not justified due to the act of controlling the market in such a way that it can damage the existing market mechanism with a type of goods controlled by the person concerned, so that he can control the price at will by hoarding it (holding it). In reality, this activity is practiced among traders in the Trienggadeng market, as a result of which basic commodities are scarce on the market which is followed by soaring commodity prices for basic commodities. The formulation of the research problem is how is the practice of hoarding staples carried out by traders in the Trienggadeng market, what are the factors for hoarding staples by traders, and how is the review of sharia economic law towards the practice of hoarding staples by traders. This study uses a type of descriptive qualitative research analysis with data collection techniques through interviews and documentation. The results of the study show that the practice of hoarding goods in the Trienggadeng market is carried out when merchandise stocks are running low. Groceries traders sell goods at twice the normal price and even increase 100% of the previous price on the grounds that there is no means of transportation to transport the community's needs. The factor in the hoarding of staple goods is because the stock of merchandise on the market is running low, and also due to the factor that goods are rare and difficult to obtain so that buyers buy up goods for their own needs, and traders buy up goods needed by the community to stock goods sold for their needs and profits. So that the Fiqh scholars do not allow iḥtikār because every act of persecution including iḥtikār is forbidden by other. religions.
Co-Authors Abdullah Afra, Cut Aminuyati Arifin Abdullah Atika Rizkiyanda Ayu Sarami Azkia Rizkiana Bukhari Ali Burhanuddin Abd. Gani Cut Reni Mustika Dedy Sumardi Fakhrurrazi M. Yunus Farhan, Muhammad Ridho Fathia, Izza Alta Fatin Nabila Fauzan, Faisal Fazial, Lisa Fiani, Ade Nuzul Fira Salsabila Zuhra Husni Mubarrak Ida Friatna Ihdi karim Ikhwana, Nani Izza Alta Fathia Juhrotul Khulwah karim, Ihdi Khadafi, Abrar Khairuddin - Lisa Fazial M. Yunus, Fakhrurrazi Mabrina, Amalia Mohamed Arif, Nasr Mohd. Kalam Daud Muhadi Khalidi Muhammad Bahaur Rijal Mundakir mursid, fadillah Mursyid Djawas Nani Ikhwana Nida Ufairah nurhisam, luqman Putri Maisarah, Intan Putri Ramadhani Putri Ramadhani, Putri rahmayani rahmayani Rispalman Rispalman Sa'dan, Saifuddin Safira Mustaqila Safira, Nurma Novi Salsabila, Tiara Salsabilla, Tiara Sarami, Ayu Syahrizal Abbas Yasir Arafat Yun Yulia, Anita Zaiyad Zubaidi Zufayra, Nayla Zuhra, Ulfia