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Analisis Yuridis Pemutusan Bantuan Program Keluarga Harapan terhadap Keluarga Penerima Manfaat dalam Perspektif Siyasah Dusturiyyah (Studi di Desa Pematang Sei Baru) Siti Aisyah; Dhiauddin Tanjung
Journal of Legal Sustainability Vol. 3 No. 2 (2026): Juni 2026
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v3i2.584

Abstract

This study aims to analyze the mechanism for terminating PKH assistance for Beneficiary Families (KPM) in Pematang Sei Baru Village, identify the factors leading to such termination, and evaluate its compliance with applicable legal regulations and the perspective of siyasah dusturiyyah (Islamic constitutional governance). The study employs a socio-legal (juridical-empirical) method with a qualitative approach, utilizing observation, interviews, and documentation techniques. The results indicate that out of 315 active KPMs, 28 experienced assistance termination. The primary causes for termination were invalid administrative data and changes in welfare decile rankings within the Integrated Social Welfare Data (DTKS) system. From a legal standpoint, the termination process adhered to Minister of Social Affairs Regulation Number 1 of 2018; however, substantively, its implementation did not fully satisfy the principle of justice, as there remained KPMs who were economically eligible to receive the assistance. From the perspective of siyasah dusturiyyah, the policy did not fully reflect the principles of justice, trustworthiness (amanah), and public interest (maslahah). This study contributes by offering recommendations to improve the verification and data-updating mechanisms for PKH—addressing both government systems and active community participation—to ensure that social assistance policy implementation becomes more accurately targeted, transparent, and equitable.
REKONSTRUKSI KONSEP KAFA'AH DI ERA DIGITAL: PERSPEKTIF HUKUM KELUARGA ISLAM Hanifah Khairiyah Siregar; Sukiati; Dhiauddin Tanjung
ALWAQFU: Jurnal Hukum Ekonomi dan Wakaf Vol. 5 No. 03 (2026): Jurnal Hukum Ekonomi dan Wakaf
Publisher : P2WP MUI Sumatera Utara

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Abstract

The advancement of information technology has fundamentally transformed how Muslim communities, particularly the digital native generation, search for and select prospective marriage partners. The phenomenon of online ta'aruf through applications such as Taaruf ID, Salams, and Hawaya, as well as general social media, has triggered a significant shift in the application of the classical concept of kafa'ah (marital compatibility) as understood in traditional Islamic jurisprudence. This article aims to critically examine how the concept of kafa'ah must be reconstructed to remain relevant and applicable amid digital transformation, without losing the substantive spirit of maqashid al-shariah underlying Islamic marriage. This study employs a qualitative method with a normative-juridical approach and library research, examining Qur'anic verses, hadith, the views of the four schools of Islamic jurisprudence, the Compilation of Islamic Law (KHI), Law Number 1 of 1974 on Marriage as amended by Law Number 16 of 2019, and recent academic literature. The findings indicate that kafa'ah must not be reduced to mere algorithmic matching on digital platforms, but must remain grounded in the five classical criteria, religion, lineage, freedom, occupation, and wealth, reinterpreted contextually through maslahah mursalah and maqashid al-shariah, while incorporating new dimensions such as digital literacy, cybersecurity, and identity verification as part of the contemporary protection of lineage (hifz al-nasl) and honour (hifz al-'ird). The article recommends strengthening derivative regulations and synergy among the Ministry of Religious Affairs, the Indonesian Ulema Council, and digital platform providers to keep online ta'aruf practices within the corridor of shariah and Indonesian positive law.