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All Journal FITRAH:Jurnal Kajian Ilmu-ilmu Keislaman TAZKIR: Jurnal Penelitian Ilmu-ilmu Sosial dan Keislaman Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Jurnal El-Thawalib Yurisprudentia: Jurnal Hukum Ekonomi Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan

Adi Syahputra Sirait

IAIN Padangsidimpuan

Author-ID : 3779208

Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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PEMIDANAAN TERHADAP GELANDANGAN (ANALISIS PASAL 505 KUHP DAN MAQASYID SYARIAH) Adi Syahputra Sirait
Tazkir : Jurnal Penelitian Ilmu-ilmu Sosial dan Keislaman Vol 4, No 2 (2018): 11 Articles, Pages 219-398
Publisher : Institut Agama Islam Negeri Padangsidimpuan

The homelessness phenomenon becomes homework that requires the central and regional governments to as known that provide solutions, immedietly. It is caused of their existence continues to grow along with the high level of poverty, as known that poverty is the main reason of urbanites from rural areas to the city in hopes of getting jobs and can change their lives. Unfortunity most of them come without education and expertise, thus requiring them to take odd jobs in order to full their needs. Their presence is not expected by all parties. Islam strongly forbids them become beggars, even inside Undang – Undang Dasar 1945, it is clearly stated that their existence is the responsibility of the government. Than, in positive law in Indonesia also expressly provides criminal sanctions for those who carry out tramps with imprisonment sanctions of 3 to 6 months in accordance with article 505 of the KUH Code. The problem of homelessness is also regulated in Islam. Yusuf Qardhawi said that the government may give criminal ta'zir for homeless, because their deeds are not honorable. The honor is very protected in Islam, namely the hift al-ird (guarding honor) which is one of the dhururiah's needs.

Efektivitas Pelaksanaan Silayda E-KTP Ary Ananda Pane; Adi Syahputra Sirait
Jurnal El-Thawalib Vol 2, No 4 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

The Effectiveness of the Implementation of SILAYDA (Online Service System) at the Department of Population and Civil Registry of Padangsidimpuan City which is reviewed in the Regulation of the Minister of Home Affairs of the Republic of Indonesia No. 7 of 2019 concerning Online Population Administration Services. The problem that occurs is to find out whether the implementation of the SILAYDA (Online Service System) at the Padangsidimpuan City Population and Civil Registry Service makes it easier for the community to manage ID cards or vice versa at the Padangsidimpuan City Population and Civil Registry Office. The formulation of the problem of this research is the problems that occur are to find out how the effectiveness of the implementation of SILAYDA (Online Service System) EKTP at the Population and Civil Registration Office of Padangsidimpuan City and to find out what are the obstacles in the implementation of the implementation of SILAYDA (Online Service System) E -KTP at the Population and Civil Registry Office of Padangsidimpuan City. The type of research that the author uses is field research which takes place at the Department of Population and Civil Registry of Padangsidimpuan City. Meanwhile, to manage and analyze the data is done by identification, category, analysis, and conclusion. The results obtained from this study indicate that in the Implementation of the SILAYDA (Online Service System) EKTP at the Population and Civil Registry Office of Padangsidimpuan City which is reviewed in the Regulation of the Minister of Home Affairs of the Republic of Indonesia No. 7 of 2019 concerning Online Population Administration Services, greatly facilitates the people of Padangsidimpuan City in managing ID cards at the Padangsidimpuan City Population and Civil Registry Office

Hukuman Kebiri Bagi Kejahatan Pedophilia Putri Situmeang; Adi Syahputra Sirait
Jurnal El-Thawalib Vol 2, No 3 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Pedophilia is a form of sexual violence against children. This crime is an extraordinary crime because it violates the honor and threatens the life of the child as the successor of the nation's ideals. Various efforts have been made by the government to provide protection for children, from increasing penalties and fines to stipulating chemical castration as a sanction for action. In jinayah fiqh itself, castration as a criminal sanction is not known in Islamic law, so it raises a lot of pros and cons in various circles of society, especially scholars regarding the emergence of castration punishment in criminal sanctions for child protection. The formulation of the problem from this research is what are the dimensions of fiqh jinayah in the Law Number 17 of 2016 concerning the castration penalty for pedophilia crimes. The purpose of this study is to determine the dimensions of fiqh jinayah in the RI Law Number 17 of 2016 concerning the castration penalty for pedophilia crimes. Furthermore, the type of research used is the type of empirical normative research, using a conceptual approach. The results obtained, that in the determination of castration for the crime of pedophilia in the Law Number 17 of 2016 there are dimensions of fiqh jinayah which are viewed from the perspective of maqashid al-syariah and maslahah al-mursalah. In the castration punishment in the perspective of maqashid al-syariah, there is a goal of passing down the shari'a that is oriented towards the maintenance of al-kulliyat al-khamsah, namely hifz ad-din, hifz an-nafs, hifz al-'aql, hifz an-nasb and hifz al-mal, In addition to maqashidal-syariah, there is also benefit as God's goal in lowering the Shari'a, namely maslahah al-mursalah, the form of the existence of maslahah in castration punishment in the form of jalb al-manafi and dar al-mafasid at the al-hajiyyat (secondary) level. With the fulfillment of the fiqh dimensions of jinayah in the castration punishment, it shows the purpose and spirit of Islam in legal legislation, because it contains the maintenance of maqashid al-khamsah and also benefits.

Pemerkosaan Pada Anak Syaiful Akhyar Harahap; Muhammad Arsad Nasution; Adi Syahputra Sirait
Jurnal El-Thawalib Vol 2, No 4 (2021)
Publisher : IAIN Padangsidimpuan

The fundamental problem in this study is the Analysis of Padangsidimpuan District Court Decision No. 109/PiD.Sus/2020/PN/Psp concerning Child Rape. This study was conducted because the authors feel that the legal sanctions given by the judge to the defendant are not in accordance with what the defendant did to the victim. Sus/2020/PN/Psp and what are the reasons for the judge in imposing sanctions on the decision number 109/PiD.Sus/2020/PN/Psp.This research was conducted at the Makassar District Court. The research method used is library research method and field research method. The data obtained both primary data and secondary data from interviews and documentation were processed and analyzed qualitatively and presented descriptively.The results of the study include: the application of sanctions to the Padangsidimpuan District Court's decision Number 109/PiD.Sus/2020/PN/Psp has not provided a deterrent effect to the defendant, because from 2017-2019 data, cases of decency in children increase every year. so that the author assumes that the sanctions given by the judge to the defendant have not provided a deterrent effect to the defendant. From this case the judge has not considered the defendant's intentions and plans to commit immoral acts to the child. Even though the child will become the next generation or generation of the nation, therefore according to the author, the sanctions given by the judge are not appropriate for the defendant.

Lafadz Ijab Qabul Perspektif Fiqih As-Syafi’i Arnisa Siregar; Ikhwanuddin Harahap; Adi syahputra sirait
Jurnal El-Thawalib Vol 2, No 5 (2021)
Publisher : IAIN Padangsidimpuan

Marriage is not just a written contract or usually spoken between the bride and groom. Ijab qabul is one of the pillars of marriage, there is ijab, namely lafadz spoken by the guardian of the prospective bride or her representative while qabul is lafadz spoken by the prospective groom. Then without the pillars in a marriage contract, the marriage is invalid. As happened in the process of the marriage contract in the city of Padangsidimpuan, the lafadz consent and qabul were not in accordance with the provisions of the Shari'a.The purpose of this thesis is to find out how the marriage registrar's perception of lafadz ijab qabul in the marriage process in the city of Padangsidimpuan.The conclusions obtained in this study are that the implementation of the ijab qabul lafadz in the procession of the marriage contract in the city of Padangsidimpuan lafadz qabul ijab as follows: the consent pronounced by the guardian must be in harmony with the qabul answered by the prospective groom. If the guardian of the prospective bride is her biological father in her consent, there is no need to say using binti, because it is clear in her consent that it is my biological daughter.

Perbedaan Harga Pada Jual Beli Obat Minta Ito Siregar; Adi Syahputra Sirait
Jurnal El-Thawalib Vol 2, No 6 (2021)
Publisher : IAIN Padangsidimpuan

In human live buting and selling is a necessity that can not be abandonet so thet humans cannot live without buying and selling activities. Buying and selling is also a means of helping fellow human beings so thet Islam determines its permissibility. In line with the times, the problem of buying and selling occurs in the wider comunity. One of them is about the price difference in buying ang selling drugs at pharmacies. The problem in this study is how the proce difference in buying ang selling drugs at pharmacies in pasar ujung batu village is and how fiqh muamalah reviews the price differences in buying and selling drugs at parmacies in pasar ujung batu village. This research is a field research. Research conducted by collecting data on phenomena thet occur, natural and natural. The data sources of this research are primary and secondary data. Data collection techniques used field studies, namely observation, inter views, and documen tation. The results of this study indicate that the difference in prices in buying and selling drugs at pharmacies contains elements of injustice and praud in providing prices, namely by differentiating the price of drugs that carry prescriptions prom doctors and those who do not carry prescriptions. Based on the view of muamalah fiqh, it is not allowed to take excessive profits in buying and selling. Therefore, the difference in prices in buying and selling drugs at pharmacies in pasar ujung batu village is not allowed because it contains elements of tyrany and fraud.

PROBLEMATIKA PENERAPAN HUKUM PIDANA ISLAM DI INDONESIA Adi Syahputra Sirait
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 8, No 1 (2022)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v8i1.5857

This paper aims to analyze how problematic the application of Islamic criminal law in Indonesia is. This type of research is to use an explanative mix method. The source of data from this research is the perception or view of the people of Medan city which consists of ordinary people, students and community leaders. Data collection methods were carried out by distributing questionnaires, focus group discussions and interviews, data analysis was carried out by coding, categorizing, tabulating, testing data and ending with conclusions. The results of this study indicate that at the level of ordinary people there is ignorance and lack of understanding of Islamic Criminal Law (Jinayah), then at the student level the view that there is a sadistic image attached to Islamic criminal law so that it is not easy to apply and at the level of community leaders the view that the Indonesian paradigm It is not an Islamic state that is firmly attached so that it is difficult to change, coupled with the condition of the plural and multicultural Indonesian society.

IMPLIKASI PELAKSANAAN SURAT EDARAN MAHKAMAH AGUNG (SEMA) NOMOR 3 TAHUN 2014 TERHADAP EKSISTENSI UNDANG – UNDANG NOMOR 1 TAHUN 1974 Adi Syahputra Sirait
FITRAH: Jurnal Kajian Ilmu-ilmu Keislaman Vol 4, No 1 (2018): 11 Articles, Pages 1-226
Publisher : IAIN Padangsidimpuan

Supreme Court Circular (SEMA) number 3 in 2014 concerns about inspection of case voluntary of marriage confirmation, it’s a solution for the problems that occur in all districts /cities in Indonesia related to Population Administration which is a mandate of Law Number 23 of 2006 and Presidential Regulation Number 25 of 2008, the circular letter is still a reference for Religious Courts in Indonesia to determine marriages that are not registered by the Office of Religious Affairs. In substantially, SEMA can reveal the problems that’s the individual rights of the Indonesian people about attendance, protection and recognition of the determination of the legal status of a person, but on the other hand SEMA has implications for the existence of Law Number 1 of 1974 which still has a rule and reference in implementation of marriage in Indonesia. The Circular Letter of Supreme Court (SEMA) is basically a technical guideline or implementation manual that must be submit to the principles of Lex Specialis Derogat Legi Generalis. So that it cannot be contradicted with the Law, moreover it can weaken the implementation of the law.

REHABILITASI BAGI PENYALAHGUNA NARKOTIKA DALAM PERSPEKTIF MAQASID AS-SYARI’AH Adi Syahputra Sirait
Yurisprudentia: Jurnal Hukum Ekonomi Vol 4, No 2 (2018)
Publisher : Institut agama islam negeri Padangsidimpuan

Criminal Law in Indonesia is currently experiencing a renewal that includes formal criminal, material criminal and its implementation, it can be seen from the matter of Draft Law of the Criminal Code currently being discussed in the House of Representatives, is no exception about the criminal penalty for drug abuse which is now very threatening, many opinions of experts who argued that criminal confinement / imprisonment for narcotics abusers is not epektif because it can not cure and make a deterrent user. The regulation on the implementation of this rehabilitation was previously arranged through the Supreme Court Circular Number 07 Year 2009 to engage drug addicts in rehabilitation centers, with the aim that rehabilitation can be a punishment that heals the psyche and the minds of narcotics abusers who have been damaged due to the narcotics. Rehabilitation efforts for narcotics addicts and victims of narcotics abuse have not been found in the history of Islamic law development or Islamic criminal law, so this discussion should get further attention from the aspects of Islamic law (Maqasid As-Syari'ah) or Islamic criminal law

OVERCRIMINALIZATION DALAM PERATURAN PEMERINTAH NOMOR 9 TAHUN 1975 Adi Syahputra Sirait
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 6, No 2 (2020)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v6i2.3292

This paper aims to analyze and explain how the state criminalizes through government regulation Number 9 of 1975 concerning the Implementation of Law Number 1 of 1974 concerning Marriage which is basically an administrative law, therefore it is not allowed to regulate or create constitutional rules. and contains criminal provisions that have the potential to cause overcriminalization. As a normative legal research, this paper uses a conceptual and statutory approach (State Approach). The results of this study concluded that overcriminalization is the criminalization of acts that are not reprehensible and do not fulfill the principle of lex certa, as well as criminalization of pure administrative violations and their threats are not proportional to the seriousness of the alleged offenses.

Co-Authors Arnisa Siregar Ary Ananda Pane Ikhwanuddin Harahap Minta Ito Siregar Nasution, Muhammad Arsad Putri Situmeang Syaiful Akhyar Harahap

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