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All Journal Al-Ulum Innovatio : Journal for Religious Innovations Studies Hukum Islam Pena Justisia: Media Komunikasi dan Kajian Hukum ADHKI: Journal of Islamic Family Law Agrimansion: Agribusiness Management & Extension Al-Manahij : Jurnal Kajian Hukum Islam JURIS (Jurnal Ilmiah Syariah) Al-Istinbath: Jurnal Hukum Islam Indonesian Journal of Applied and Industrial Sciences (ESA) Nusantara: Journal Of Law Studies Deposisi: Jurnal Publikasi Ilmu Hukum Kultura: Jurnal Ilmu Sosial dan Humaniora MILRev: Metro Islamic Law Review Hakim: Jurnal Ilmu Hukum dan Sosial Causa: Jurnal Hukum dan Kewarganegaraan Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan JURNAL HUKUM STAATRECHTS Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Jembatan Hukum: Kajian Ilmu Hukum, Sosial dan Administrasi Negara Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora SIYASI: Jurnal Trias Politica Jurnal Hukum Keluarga Madania: Jurnal Kajian Keislaman Journal of Law and Nation Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Al-Azhar Islamic Law Review
Muhamad Hasan Sebyar
Sekolah Tinggi Agama Islam Negeri Mandailing Natal
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Application of the Consumer Protection Law in Electronic Transactions Wibowo, Heri; Sebyar, Muhamad Hasan
Indonesian Journal of Applied and Industrial Sciences (ESA) Vol. 3 No. 3 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/esa.v3i3.9271

Abstract

This research aims to determine the implementation of consumer protection laws in e-commerce transactions in Indonesia. The method used in this research is a normative legal research method with a statutory approach. The data collection technique is literature study. The data in this research uses primary and secondary data. The research results show that the implementation of the law in this Law is carried out through several steps, including (1) enforcing special regulations created to regulate consumer rights and obligations in relation to electronic transactions, (2) the government taking firm action against violations of consumer rights in electronic transactions involving law enforcement officials. (3) increase consumer awareness. Various initiatives educate and inform consumers about their rights and potential risks and how they can protect themselves when making online transactions.
Harmonization of Islamic Legal Institutions and Customary Law in Marriage Dispensation Cases at the Panyabungan Religious Court Sebyar, Muhamad Hasan
MILRev: Metro Islamic Law Review Vol. 2 No. 2 (2023): MILREV: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v2i2.7809

Abstract

Harmonization between customary law and Islamic law (fiqh) has long occurred in our homeland. This study aims to illustrate the harmonization between Islamic legal institutions and customary institutions. This research is an empirical legal research, empirical legal research is research whose object of research is the practice of legal events or occurrences. The approach used in this study is a socio-legal approach, that used to analyze the social interactions between the Panyabungan Religious Court and customary institutions in implementing age dispensation. The results of this study show that this harmonization had run well between Islamic legal institutions and customary institutions. There is harmonization of existing norms or rules that apply in society. In substance making Islam more widespread in society and the state, from the understanding of classical jurisprudence to other legal products namely qadla, Islamic Law in substance continued to develop and acquire all regulations towards the rule of Islamic law as a whole. The similarity of certain functions within the customary law system, the Islamic legal system, and the national legal system according to the scope of their duties determines the extent to which harmonization occurs. The method of harmonization between Islamic law and customary law can be achieved in three ways, namely first; Harmonization of understanding, Second; Harmonization is carried out actively,Third; Passive harmonization.
Copyright as a Waqf Object in the Context of Fiqh and Positive Law Sukiati, Sukiati; Rahmadany, Rahmadany; Sebyar, Muhamad Hasan; Harahap, Purnama Hidayah; Man, Yovenska L
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 1 May (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i1.6696

Abstract

This research aimed to analyze the position of copyright as a waqf object from the perspective of fiqh and positive law. This study was literature research with a normative approach. The data collection technique used in this study is the documentation technique. At the same time, the analysis technique in this study used descriptive inductive techniques. The results of this study indicated that copyright is protected by Sharia law. The owner has the right and authority over his or her copyright and is protected by the rules and laws. Copyright as a waqf object is permitted by Islamic law as long as the requirements for a waqf object are met. This is reinforced by the decision of the Indonesian Ulema Council (MUI) number 1 MUNAS/VII/5/2005, which allows Intellectual Property Rights (IPR) as a waqf object. The permissibility of copyright as a waqf object is also supported by positive law, i.e. Law No. 41 of 2004 concerning Waqf and Government Regulation No. 42 of 2006. In addition, copyright as part of IPRs fulfils the criteria of a waqf object, i.e. a valuable asset permissible by Sharia law whose ownership rights are transferrable. Accordingly, IPRs are legally used as a waqf object, and such rights should not be violated.
Harmonization of Various Institutions in Preventing and Overcoming the Impact of Child Marriage Muhamad Hasan Sebyar; Tauhid Tauhid; Fauzul Fil Amri
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.2476

Abstract

Marriage dispensation is an alternative to resolve the issue of marriage at the age of under 19 years. However, the decision to grant marriage dispensation may have a negative impact on household harmony, eventually resulting in divorce. To overcome this issue, judges are authorized to reduce the adverse effects of under-aged marriage. This study aimed to identify and analyze the harmonization between the Panyabungan Religious Court and other institutions in preventing and reducing the impact of child marriage dispensation. This research employed the legal and the socio-legal approaches. The legal approach was used to analyze the marriage dispensation decision at the Panyabungan Religious Court, while the socio-legal approach was used to analyze the social interactions that occurred between the Religious Court and other institutions. The results of this study indicated that the harmonization between the Panyabungan Religious Court and other institutions with common functions and purposes in the prevention and mitigation the impact of child marriage dispensation is considered to be good. Collaboration was already in motion between the Customary Institution and KUA (the Office of Religious Affairs) or the Ministry of Religious Affairs. Further collaboration with the Health Office, Education Office, Manpower Office, Women's Empowerment and Child Protection Office, Family Planning Office, and MUI (Indonesian Ulama Council) of Mandailing Natal Regency needs to be explored in the future. It is hoped that this cooperation will occur not only in the Panyabungan Religious Court but in all the Religious Courts throughout Indonesia.
Marlojong Custom Contribution In Marriage Dispensation Case At Panyabungan Religious Court Muhamad Hasan Sebyar; Pagar Pagar; Sukiati Sukiati
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.2660

Abstract

Judges at Panyabungan Religious Court explored the prevailing values in society by consulting traditional figures, also known as hatobangon. This is a common practice when a marriage is based on marlojong custom. This study aimed to examine the contribution of customary laws in marriage dispensation decision at Panyabungan Religious Court by using the legal approach and the socio-legal approach. The legal approach was used to analyze marriage dispensation verdict at Panyabungan Religious Court. The socio-legal approach was used to analyze the social interactions that occur between the Religious Courts and customary institutions. The results of this study indicated that traditional leaders play an important role in providing legal advice in society. In cases of underage marriages, usually hatobangon (traditional leaders) propose two options; unregistered marriage or marriage dispensation application. In the latter case, hatobangon play their role assisting in the marriage dispensation request. Well-educated or knowledgeable hatobangon typically recommend submitting a request for marriage dispensation to Panyabungan Religious Court. This hatobangon statement letter serves as one of the requirements for the judge’s approval of marriage dispensation request. The contribution of customary laws reflects a manifestation of the prevailing Islamic values in society. Customary laws provide an alternative way to resolve marriage dispensation cases in the society and are used as an evaluation tool in stipulating a court decision. In addition, customary laws aid the public in understanding the inclusion of the Islamic laws in the state laws, such as age limit for marriage.
KEBIJAKAN TINDAK PIDANA PADA KEJAHATAN NARKOTIKA DI INDONESIA Puput Dedi Kurniawan; Muhamad Hasan Sebyar
JOURNAL OF LAW AND NATION Vol. 2 No. 1 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Law No.22 of 1997 concerning narcotics states that narcotics are subtances or drugs derived from plants or non-plants,either synthetic or semi-synthetic,which can cause a decrease or change in consciousness,loss of taste,recudeor eliminate pain,and can cause dependence.According to the ministry of health of the republic of Indonesia,drugs are an abbreviation for narcotics,psychotropics and addictive subtances.All of these terms,whether narcoticsor drug use,refer toa group of subtances that generally pose a risk of addiction for their users.As time goes by,someone who was initially unfamiliar with narcotics turn into an addict who finds it difficult to get rid of his addiction.Rehabilitation of narcotics addicts is also a form of social protection that integrates narcotics ddicts into social order so that they no longer abuse narcotics.Narcotics crime is a very complex problem that requires comprehensive mitigation efforts involving multi-disciplinary ,multi-sector coorperation and active community participation which is carried out consistently ,consistently and consistently.The purpose of this research is to find out penal and non-penal policies in dealing with narcotics crimes at this time and the problem discussed is what the criminal policies for narcotics crime are in the country Indonesia.Penal policy is to overcome crimes committed by implementing criminal law in society,while non-policing penal means dealing with crime without using criminal law namely by influencing people’s views about crime through mass media and countermeasures without punishment
ANALISIS YURIDIS TINDAK PIDANA PENCABULAN TERHADAP ANAK DI BAWAH UMUR (PUTUSAN PIDANA PURWOREJO NOMOR 57/PID.SUS/2022/PN.PWR) Aji Benny Wicaksono; Muhamad Hasan Sebyar
JOURNAL OF LAW AND NATION Vol. 2 No. 1 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

This scientific work aims to finddout what the legalppolicy is for perpetrators of criminal acts of molestation against minors, how the law is applied to perpetratorsdof criminaldacts of molestation againstdminors, and what the criminal responsibility for perpetrators of molestation of minors is in the Purworejo Criminal Decision case. Number 57/Pid.Sus/2022/PN.Pwr. The researchdmethodiused in this research is a normativeijuridical research method soait canabe concluded asafollows: 1. Legal policy is divided into two, namely panel legal policy and non-panel legal policy. 2 Theaapplication ofathe law forathe criminal act of molesting minors is regulatedain the CriminalaCode Articlesa289 toa296, to provide sanctions for perpetrators of criminal actsaof molestingiminors, namelyiby providing inaaccordanceaiwith Law no. 23 of 2002aconcerning ChildaProtection, includingathe provision of prison sentences andafines. 3. The person responsible for the defendant in the case of Purworejo Criminal Decision Number 57/Pid.Sus/2022/PN.Pwr, namely the defendant was foundaguilty becauseahe was provenato have committed an act of sexual immorality against a minor The defendant wasasentenced toaimprisonment for 8 (eight) yearsaand aafine of idr. 60,000,000,- (sixty millionarupiah) withathe provisionathat ifanot replacedaby imprisonmentafor 6 (six)amonths
ANALISIS PEMIDANAAN TERHADAP ANAK SEBAGAI PENGEDAR NARKOTIKA DALAM PERSPEKTIF PSIKOLOGI KRIMINAL Yulia Utami; Muhamad Hasan Sebyar
JOURNAL OF LAW AND NATION Vol. 2 No. 1 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

This study aims to determine the efforts in preventing children from becoming drug dealers and to understand the role of criminal psychology as a benchmark in imposing penalties on children. The research method used in this study is empirical, which focuses on empirical facts derived from human behavior, including verbal behavior obtained from interviews and actual behavior observed through direct observation. The results of this research show that the sentencing of children involved in drug trafficking. Judges make decisions based on sentencing theory, particularly the combined theory, where judges impose prison sentences as a deterrent and provide vocational training as a rehabilitative aspect. However, economic reasons consistently serve as a shield in mitigating sentences for children. In criminological theory, criminal actions do not exist in isolation, which is why criminal psychology plays a crucial role in balancing the imposition of penalties on children
PERLINDUNGAN HUKUM BAGI ANAK KORBAN KEKERASAN SEKSUAL Pruntus Sudarmaji; Muhamad Hasan Sebyar
JOURNAL OF LAW AND NATION Vol. 2 No. 1 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

This research aims to examine legal protection for children who are victims of sexual violence. The research method in this research uses a literature study approach, focusing on theoretical studies, references, scientific literature, as well as reference books and similar research results. Qualitative analysis will be carried out to understand the relationship between theory and practice of the role of law in investigating revealed cases of children as accident victims. The results of this research show that legal protection for children who are victims of sexual crimes involves various forms of assistance such as legal aid, rehabilitation, health services and social security according to their needs. However, there are obstacles, both in terms of legal substance, legal structure, legal culture, as well as the lack of facilities and infrastructure that function optimally. Protection of child victims of sexual crimes requires updating and strengthening the substantive aspects of the law, increasing public awareness, as well as easy access for children to competent legal assistance. Rehabilitation services and psychological support also need to be a priority in their recovery process. Collaboration between the government, private institutions, civil society organizations and other related parties is considered key to providing effective protection for child victims of sexual crimes
Legal Status of a Wife Leaving Her Husband and Vice Versa in Contextual Fiqh Studies: A Pre-Divorce Analysis Haddad Ulum Harahap; Muhammad Fadhlan Is; Amrar Mahfuzh Faza; Muhamad Hasan Sebyar
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 12, No 1 (2025): April
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v12i1.7158

Abstract

The issue of a wife leaving her husband or vice versa before an official divorce is a critical topic in Islamic jurisprudence (fiqh), raising legal, ethical, and social concerns. This study examines the legal status of such separations through the lens of various schools of thought (madhhab), analyzing spousal rights and obligations in pre-divorce contexts. Employing a qualitative method, it draws from primary Islamic legal sources, as well as contemporary statutory frameworks in Muslim-majority countries. Findings reveal that Islamic law distinguishes between justified and unjustified separation. A wife who separates without valid reason may be deemed nusyuz, which affects her right to nafaqah (maintenance), while a husband remains responsible for financial obligations until the divorce is finalized. Conversely, if separation is due to harm, negligence, or abuse, mechanisms such as fasakh (annulment) or khulu' (divorce initiated by the wife) may be pursued under Islamic principles. These doctrines aim to protect the rights of both parties and prevent injustice in marital relationships. From the perspective of civil law, legal separation is not explicitly codified, but courts may provide temporary arrangements through mediation and judicial orders. Customary law often manages informal separations through community mediation and traditional consensus. In Indonesia, religious courts (peradilan agama) handle pre-divorce separations as part of divorce proceedings, emphasizing mediation and evaluating interim living arrangements, financial duties, and child custody. Beyond legal analysis, the study highlights broader social consequences: women and children are often left vulnerable during informal separations, while unresolved conflicts can fragment social harmony
Co-Authors A. Fakhruddin Abdul Halim Talli Abraham Ethan Martupa Sahat Marune Ahmad Dzulkifli Rahmatullah Aji Benny Wicaksono Anisa Anisa Ansori, Muhammad Iqbal Arminsyah Arminsyah Asmuni Asmuni Dinda Aprilita Herera Fauzul Fil Amri Faza, Amrar Mahfuzh Galih Orlando Haddad Ulum Harahap Hadi Asrori Harahap, Purnama Hidayah Heri Wibowo Hidayat, Beni Darmawan Hina Al Kindiya Jefriandi Jefriandi Juantilo Gurusinga M Iqbal Irham Man, Yovenska L Moh. Buny Andaru Bahy Mualimin Mochammad Sahid Muhammad Fadhlan Is Muhammad Hidayat Muhammad Iqbal Ansori Muhammad Rezki Hidayah Nabila Haviazzahra Nur Azizah Nursa Erizon Oong Supono Pagar Pagar Prasetia, Yoga Pratama, Dayan Pruntus Sudarmaji Puput Dedi Kurniawan Putra, Fisika Prasetyo Rahmad Efendi Rahmadany, Rahmadany Ratu, Yulia Riko Aji Pratama Rio sandra Saputri, Risky Dita Siti Nurjanah Sukiati Sukiati Sukiati Sukiati Sukiati Sukiati Sumper Mulia Harahap, Sumper Mulia Supardi Mursalin Tauhid Tauhid Turnip, Ibnu Radwan siddik Wahyu Abdul Jafar Wulandari, Martina Ayu Yulia Utami Zahra Afina Mahran Zeni Sunarti Zulfahmi