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SMALL CLAIM COURT DALAM SISTEM PERADILAN PERDATA DI INDONESIA DAN PELUANG PENERAPANNYA DALAM PENYELESAIAN SENGKETA EKONONOMI SYARI’AH PADA PERADILAN AGAMA Bustamar Bustamar
Alhurriyah Vol 1, No 1 (2016): Januari - Juni 2016
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

The enactment of Small claims court mechanism that marked with the enactment of PERMA Number. 2 Year 2015 concerning Procedure for Simple Quarrel Settlement is a new breakthrough in the civil justice system in Indonesia. This breakthrough was reached by the Supreme Court in order to reduce the queues for settling of civil Quarrel in court that the value is under $ 200 million. Implementation of Quarrel resolution by Small claim court mechanisms is done by a single judge assisted by a Registrar and can be completed within 25 working days and the decision is final and binding so that it is unable filed an appeal or judicial review to the Supreme Court, the decision of which can be directly execute in accordance with the civil judicial mechanisms in general. Small claims court jurisdiction which is set in PERMA No. 2 2015 is the General Courts, considering the Religious Courts are also authorized to settle a civil case with the Shari'ah economic and legal mechanisms of the same event with the civil court of the General Courts, the judicial application of the Small claims court mechanism in Religion Court is also possible and prospective,so that regulatory support as well as PERMA No. 2 of 2015 applied to the Religious Courts is required, especially in the process of sharia economic quarrel resolution.

SMALL CLAIM COURT DALAM SISTEM PERADILAN PERDATA DI INDONESIA DAN PELUANG PENERAPANNYA DALAM PENYELESAIAN SENGKETA EKONONOMI SYARI’AH PADA PERADILAN AGAMA Bustamar Bustamar
Alhurriyah Vol 1, No 1 (2016): Januari - Juni 2016
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

The enactment of Small claims court mechanism that marked with the enactment of PERMA Number. 2 Year 2015 concerning Procedure for Simple Quarrel Settlement is a new breakthrough in the civil justice system in Indonesia. This breakthrough was reached by the Supreme Court in order to reduce the queues for settling of civil Quarrel in court that the value is under $ 200 million. Implementation of Quarrel resolution by Small claim court mechanisms is done by a single judge assisted by a Registrar and can be completed within 25 working days and the decision is final and binding so that it is unable filed an appeal or judicial review to the Supreme Court, the decision of which can be directly execute in accordance with the civil judicial mechanisms in general. Small claims court jurisdiction which is set in PERMA No. 2 2015 is the General Courts, considering the Religious Courts are also authorized to settle a civil case with the Shari'ah economic and legal mechanisms of the same event with the civil court of the General Courts, the judicial application of the Small claims court mechanism in Religion Court is also possible and prospective,so that regulatory support as well as PERMA No. 2 of 2015 applied to the Religious Courts is required, especially in the process of sharia economic quarrel resolution.

Tinjauan Hukum Pidana Islam terhadap Tindak Pidana Pencurian dalam Putusan Pengadilan Negeri Pasaman Barat Nomor 150/PID.B/2021/PN PSB Nora Afrila; Gusril Basir; Bustamar Bustamar; Muhammad Ridha
AHKAM Vol 5 No 2 (2026): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i2.9601

The criminal act of livestock theft is one form of crime that causes unrest and losses for rural communities because livestock has high economic value and serves as a primary source of livelihood. In Indonesian positive law, livestock theft committed jointly is regulated under Article 363 paragraph (1) of the Criminal Code, whereas in Islamic criminal law theft is included as a jarimah that is, in principle, punishable by hudud sanctions if certain conditions are fulfilled. This study aims to examine a court decision concerning the criminal act of livestock theft from the perspective of Islamic criminal law, particularly the Decision of the Pasaman Barat District Court Number 150/Pid.B/2021/PN Psb. This study employed a normative legal method with statutory, scientific journal, and case approaches. The research data were derived from primary and secondary legal materials collected through library research and then analyzed qualitatively. The results show that the panel of judges based its decision on the fulfillment of all elements of the criminal act of aggravated theft as regulated under Article 363 paragraph (1) points 1 and 4 of the Criminal Code, by considering the facts of the trial, witness testimonies, the defendant’s confession, and evidence, so that the defendant was sentenced to seven months’ imprisonment. From the perspective of Islamic criminal law, the defendant’s act constitutes the jarimah sariqah, but because the conditions for the application of hudud were not fully met, the appropriate sanction is categorized as ta’zir. These findings contribute to strengthening comparative studies between positive criminal law and Islamic criminal law and show that the judge’s decision is in line with the principles of justice and the objectives of punishment in Islamic criminal law.

Tinjauan Maslahah Mursalah terhadap Distribusi Daging Qurban kepada Orang Non Muslim (Studi di Nagari Jambak Kecamatan Luhak Nan Duo Kabupaten Pasaman Barat) Andika Putra; Bustamar Bustamar
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10354

The phenomenon of distributing qurban meat to non-Muslim communities is an interesting socio-religious practice to examine, particularly because this practice also takes place in Nagari Jambak, Luhak Nan Duo Subdistrict, Pasaman Barat Regency. This study aims to analyze the distribution and implementation of qurban in Nagari Jambak and to examine the distribution of qurban meat to non-Muslim communities from the perspective of maslahah mursalah. This study used a qualitative approach with a field research design. Data were obtained from primary sources through field observation and interviews, as well as from secondary sources in the form of relevant books, journals, and articles. The collected data were then processed and analyzed using descriptive analysis techniques. The results showed that the distribution of qurban meat in Nagari Jambak was not only provided to Muslim communities but also to non-Muslim communities on the basis of social concern. From the perspective of maslahah mursalah, the practice of distributing qurban meat to non-Muslim communities, as carried out by the people of Nagari Jambak, can basically be permitted because it contains values of public benefit. These values include the establishment of harmonious interreligious relations, the growth of mutual assistance, concern for communities in need, and the prevention of wastefulness. These findings affirm that the practice of distributing qurban meat to non-Muslim communities can be understood as a form of social concern that is in line with the objectives of Islamic law in realizing public benefit. The implications of this study contribute to the development of contextual Islamic legal studies, particularly in understanding socio-religious practices oriented toward social harmony and shared benefit.

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