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All Journal Nurani: Jurnal Kajian Syariah dan Masyarakat FITRAH:Jurnal Kajian Ilmu-ilmu Keislaman al-Afkar, Journal For Islamic Studies TAZKIR: Jurnal Penelitian Ilmu-ilmu Sosial dan Keislaman Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Al-Manahij : Jurnal Kajian Hukum Islam Jurnal El-Thawalib Al-Istinbath: Jurnal Hukum Islam Yurisprudentia: Jurnal Hukum Ekonomi Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan El-Sirry: Jurnal Hukum Islam dan Sosial Jurnal El-Thawalib
Adi Syahputra Sirait
UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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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

Abstract

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.
ASAS PERADILAN SEDERHANA, CEPAT DAN BIAYA RINGAN DALAM PERADILAN TINDAK PIDANA KORUPSI DI PENGADILAN NEGERI MEDAN Adi Syahputra Sirait
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 7, No 1 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v7i1.4012

Abstract

This paper aims to analyze and explain how the implementation of the principles of justice is simple, fast and low cost in the trial of criminal acts of corruption at the Medan District Court based on the Supreme Court Decision Number 022/KMA/SK/II/2011 as lex specialis of law number 48 of the year. 2009 where the trial of corruption cases was carried out by the District Court in the Provincial Capital, the Medan District Court became the Court that examined and tried corruption cases that occurred in districts or cities in North Sumatra Province. This paper uses a normative research method with a case approach, the source of this research is information obtained from interviews conducted with prosecutors and lawyers who handle corruption cases tried at the Medan District Court, then the results of these interviews are analyzed using a doctrinal approach or legal theory. So the results of this study indicate that the corruption trial conducted at the Medan District Court on the basis of the Supreme Court's decision does not reflect the principles of a simple, fast and low-cost trial, on the grounds that the trial takes a lot of time and costs so much, plus the trial was lengthy because the defendant was sick so he had to be treated first and the trial was postponed, but the postponement of the trial had to be attended by the prosecutor and lawyers.
PEMBERIAN SANKSI SEBAGAI UPAYA PENERTIBAN PENCATATAN PERKAWINAN DI INDONESIA Adi Syahputra Sirait
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 7, No 2 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v7i2.5007

Abstract

This paper aims to analyze and explain how the Labuhanbatu law enforcers view the discourse of imposing sanctions for those who do not register marriages through government regulation number 9 of 1975 concerning the implementation of law number 1 of 1974 concerning marriages whose implementation is not effective, the method used in writing This is a descriptive qualitative approach to the law, the source of the data in this paper was obtained through interviews with law enforcers in Labuhanbatu. Labuhanbatu law enforcers are of the view that the order for registration of marriages contained in law number 1 of 1974 must be accompanied by sanctions, either in the form of imprisonment or fines, as in other Islamic countries so as to regulate the administration of marriage registration in Indonesia, because of its impact. can harm husbands, wives and children in a family, such as rights, obligations and other interests.
Assessing Criminal Penalties in Marriage Law: a Comparative Study of Policy Frameworks within Indonesian and Malaysian Legislation Sirait, Adi Syahputra; Harahap, Nurhotia; Hidayat, Taufik; Harahap, Risalan Basri
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 18 No. 2 (2024)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v18i2.11208

Abstract

This article examines the policy on criminal sanctions in Islamic marriage law in Indonesia and Malaysia, focusing on a comparative analysis between the two countries. The main objective of this study is to understand how both countries, with their Muslim-majority populations, formulate and apply criminal sanctions in cases of violations of Islamic marriage law. This research employs a library research methodology. The primary sources of data for this study include Law No. 1 of 1974, the Compilation of Islamic Law, the Federal Territories Islamic Family Law Enactment, and Islamic law. The findings of this study indicate that although Indonesia and Malaysia share a common foundation in Sharia law, there are significant differences in the application of criminal sanctions related to Islamic marriage. In Indonesia, the policy on criminal sanctions is more influenced by the secular national legal system, while in Malaysia, Sharia law plays a more dominant role in the state judiciary system. The review of Islamic law related to the application of criminal sanctions for violations of marriage laws remains weak in its implementation. Therefore, stricter sanctions should be established for violators to provide a significant deterrent effect. This approach aligns with al-Ghazali's concept of maslahah, which prioritizes good and avoids harm (mafsadah).
Community Service Order Punishment: Alternatives in The Criminal Law System From Maqāṣid al-Sharīʿah Perspective Sirait, Adi Syahputra; Syahnan, Mhd.; Panjaitan, Budi Sastra
Nurani Vol 24 No 2 (2024): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v24i2.24276

Abstract

This study aims to analyze Community Service Order (CSO) punishment within the criminal law system through the lens of Islamic law, using a multi-dimensional approach. As an alternative to detention, CSO punishment is expected not only to achieve the rehabilitation of offenders but also to provide broader benefits to society. This study explores how the concept of maqāṣid al-sharīʿah with a multi-dimensionality approach—which includes social, economic, and cultural analysis—by looking at the relevance of maqāṣid al-sharīʿah and a comprehensive view of the concept of community service order punishment to achieve a balance between justice, rehabilitation, and social welfare. A multi-dimensionality approach is used to study community service order punishment from social, economic and cultural aspects. The results of the study show that Community Service Order Punishment are not only in line with the principles of maqāṣid al-sharīʿah, but also have the potential to increase the effectiveness of the rehabilitation of perpetrators, reduce detention costs, and increase the positive contribution of perpetrators to society. This study concludes that Community Service Order Punishment can be a more humane and effective alternative in the criminal law system, which is in line with Islamic values and supports the welfare goals of society as a whole.
Revitalizing Sharia Advocates: Reforming the Law on Advocates in Strengthening the Role of Islamic Law in Indonesia Panjaitan, Budi Sastra; Hasibuan, Putra Halomoan; Kurniawan, Puji; Sirait, Adi Syahputra; Ma'mun, Sukron
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 2 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i2.10875

Abstract

This study aims to evaluate the urgent need to restore the Law of the Republic of Indonesia Number 18 of 2003 concerning Advocates (UUA) to position Sharia advocates as the exclusive legal representatives in religious courts. The research uses a normative juridical method, focusing on the examination of legal norms, rules, and relevant literature. Data were collected through a comprehensive review of legal documents, statutes, and academic sources, and analyzed qualitatively to interpret and critique the legal provisions and their implications. The findings reveal that the current lack of specificity in the advocate profession, particularly in religious courts, has led to the involvement of advocates who may lack the necessary background in Sharia law, potentially harming the legal interests of Muslim clients. The conclusion emphasizes that restoring the Law of the Republic of Indonesia Number 18 of 2003 concerning Advocates to recognize only Sharia advocates in religious courts aligns with the nature of these courts and does not violate human rights. This restoration is vital for protecting the legal interests of Muslims and enhancing the professionalism of Sharia advocates in religious courts, including preparing students of the Faculty of Sharia for specialized legal roles. By promoting legal reforms, the study improves the efficiency of religious courts and ensures better access to justice for Muslim communities.
Transformation of Children's Rights After Divorce Outside the Religious Court of Padangsidimpuan City in the Perspective of Maslahah Adi Syahputra Sirait; Muhammad Ridwan
al-Afkar, Journal For Islamic Studies Vol. 8 No. 3 (2025)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v8i3.1583

Abstract

Divorce is a problem that is quite complicated and very dilemmatic in people's lives. Although Law Number 1 of 1974 was promulgated and enforced 39 years ago, the reality is that the practice of divorce carried out by the husband is not in front of the Religious Court hearing. In Article 39 paragraph (1) of Law N0. 1 of 1974 states that divorce can only be done in front of a competent court after the court concerned has tried and cannot reconcile the two parties. To carry out a divorce, there must be enough reason, that between a man and a woman they will no longer be able to live in harmony as husband and wife. In fact, in the jurisdiction of the Religious Court of Padangsidimpuan City, there are still many who carry out divorces outside the Religious Court. This research method uses a juridical-normative method. The data sources used include primary legal materials, secondary legal materials and tertiary legal materials. After the data is collected, classified and processed, it will be compiled into a scientific paper. The results of this study show that the factors that cause divorce in the Padangsidimpuan City Religious Court are economic factors, community legal knowledge factors, juridical factors, sociological factors, and customary factors (kinship system dalihan na tolu). The mechanism of divorce is carried out by oral talaq, a written statement submitted to the wife, and secretly without anyone knowing it. As a result of the law that arises, the wife has difficulty getting a new marriage through the Religious Affairs Office (KUA), cannot claim living expenses through the Religious Court, it is difficult to get joint property and has a negative impact on the rights of the child who is the victim. Maslahah's view of the transformation of children's rights after divorce is prone to be ignored because the rights to alimony, education, health, and inheritance rights are not fulfilled. The obligation of parents as protectors and guides for children is good. Children do not receive complete affection from their father and mother.
Lafadz Ijab Qabul Perspektif Fiqih As-Syafi’i Siregar, Arnisa; Harahap, Ikhwanuddin; sirait, Adi syahputra
Jurnal El-Thawalib Vol 2, No 5 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v2i5.4403

Abstract

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.
Pemberian Nafkah Anak Ditinjau Dari Undang-Undang No. 23 Tahun 2002 Tentang Perlindungan Anak Ariansyah, Yudi; Harahap, Ikhwanuddin; Sirait, Adi Syahputra
Jurnal El-Thawalib Vol 4, No 1 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v4i1.7978

Abstract

This study examines how the responsibility for child maintenance after divorce and the factors behind the father not providing a living for the child after divorce in Silandit Village, South Padangsidimpuan District, Padangsidimpuan City. This type of research is field research with a qualitative approach. Primary data sources are research data sources obtained directly from the original source in the form of interviews with the Lurah and the community who are the object of research in Silandit Village, while secondary data can be in the form of books, Al-Qur'an, Journals, and other sources that related to research. Data collection techniques are by doing 3 methods in this study, namely by interview, observation, and documentation. The data analysis technique in this study is descriptive qualitative, namely describing, and summarizing various conditions, situations from various data collected, in the form of interviews and documents regarding the problems studied that occur in the field. The results of research on parental responsibility for children's livelihood after divorce in Silandit Village, there are three results, first: parents do not provide a living for their children after divorce and give it to their grandmother, Second: parents provide maintenance for their children but do not every month, Third: parents are irresponsible and neglect their obligations as a father. The factors behind parents not providing a living for their children are economic factors, psychological factors, parents remarrying factors, irresponsible factors, female parents being able to provide children's living expenses.
Pelaksanaan Mediasi Hakim Mediator Di Pengadilan Agama Kota Padangsidempuan Ramadhan, Nispu; Sirait, Adi Syahputra
Jurnal El-Thawalib Vol 3, No 6 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i6.6663

Abstract

This study examines the implementation of mediator judge mediation at the Padangsidempuan City Religious Court. This type of research is field research with a qualitative approach, the primary data source comes from Mediator Judges at the Padangsidempuan City Religious Court, while the secondary data from researchers are official documents, legal books, both journals and articles related to this research. Data collection techniques in this study used observation, interviews and documentation. Data analysis techniques in this study used descriptive qualitative analysis techniques. The results of this study are the level of effectiveness of the efforts of mediator judges in reconciling divorce cases at the Padangsidempuan City Religious Court, which can be categorized as not maximally effective by looking at the number of divorces that have occurred at the Padangsidempuan City Religious Court. While the factors that influence it are internal factors: legal factors, namely because of the regulations governing mediation with a limited time, actors or law enforcement factors, namely the success of the mediator judge in carrying out his duties in terms of mentality and personality. The facility or facility factor is that the Padangsidempuan City Religious Court has a special mediation room provided, but the parties and the mediator judge have not been able to make optimal use of it. And external factors: customary factors and community factors, namely the litigant party submits his case to the court only to determine whether the divorce is valid or not.
Co-Authors Ahmatnijar, Ahmatnijar Ariansyah, Yudi Arnisa Siregar Ary Ananda Pane H, Kurniawan Harahap, Muhammad Yadi Harahap, Nurhotia Harahap, Syaiful Akhyar Hasibuan, Selli Mariyana Ikhwanuddin Harahap Ma'mun, Sukron Mhd. Syahnan Minta Ito Siregar Muhammad Arsad, Nasution Muhammad Ridwan Nispu Ramadhan Pane, Ary Ananda Panjaitan, Budi Sastra Puji Kurniawan Putra Halomoan Hsb Putri Situmeang Ramadhan, Nispu Risalan Basri Harahap Selli Mariyana Hasibuan Siregar, Arnisa Syaiful Akhyar Harahap Tanjung, Dhiauddin Taufik Hidayat Wahidah Wahidah Yudi Ariansyah