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All Journal USU LAW JOURNAL IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan
Nur Sari Dewi
Institut Agama Islam Negeri Lhokseumawe, Indonesia
Law, Crime, Criminology & Criminal Justice

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PERANAN HAKIM DALAM MENJATUHKAN PUTUSAN TERHADAP ANAK PELAKU TINDAK PIDANA PENGGUNA NARKOTIKA NUR SARI DEWI
USU LAW JOURNAL Vol 1, No 1 (2013)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (212.392 KB)

Abstract

Children are potential young generation to continue the ideals of national struggle. With their strategic role and special characteristics, children can ensure the continuous existence of the state and nation in the future. Children who are in conflict with law need protection considering that they are immature and very much depending on others. Basically, children cannot protect themselves from various mental, physical and social threats in their lives, especially in the implementation of chils criminal justice they are infamiliar with.The application of criminal law as a means of preventing drug abuse will eventualy result in the problem how a judge make his decision. The basic consideration for the judge to make decision that can be used as the materials to analyze the orientation of the judge in making decision is also very important to see how releveant the decision the judge has made to the predetermined purpose of punishment. In sentencing the children using drug, the judge tends to base it more on juridical consideration. Juridical consideration is not adequate to be the only base in sentencing children. It will be wiser if the sentence is based on the non-juridical consideration such as the children’s spiritual, mental and physical growth because this spiritual ability is the base for the judges including the judge who sentences the children.
The contestation of Islamic legal thought: Dayah’s jurists and PTKIN’s jurists in responding to global issues Danial Danial; Munadi Usman; Nur Sari Dewi
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 22, No 1 (2022)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v22i1.19-36

Abstract

This study aims to understand the contestation of Islamic legal thought between the scientific tradition of Dayah (Islamic boarding school) and the State Islamic Higher Education Institutions (PTKIN) in responding to global issues. The main data sources in this research are words and actions, the rest are additional data such as documents. Methods of data collection included interviews, observation, and documentation. All data obtained were analyzed by data reduction, analysis, and interpretation. Based on the objectives and research methods above, it was found that there were three factors causing the emergence of contestation between the two Islamic educational institutions, namely, (1) the different methodologies and approaches to Islamic law used; (2) the difference in the spirit of fiction between Dayah and PTKIN. Dayah has the spirit of preserving fiqh, while PTKIN’s spirit is fiqh renewal; (3) Political background. The contestation between Dayah and PTKIN occurred in two areas, namely the area of worship and non-worship. Based on the references, methods of reasoning, approach, and spirit possessed by these two Islamic educational institutions, it can be understood that the two models of Islamic legal thought have the potential to be integrated. Such integration may include; integration of foundations, sources, methods, approaches, and reasoning models.
Co-Authors Danial - Munadi Usman