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All Journal Jurnal Al-Ijtimaiyyah LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam El-Usrah: Jurnal Hukum Keluarga Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial Takammul : Jurnal Studi Gender dan Islam Serta Perlindungan Anak USRAH: Jurnal Hukum Keluarga Islam Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah Al-Rasikh : Jurnal Hukum Islam Tasyri' Jurnal Hukum Keluarga dan Peradilan Islam
Zaiyad Zubaidi
Universitas Islam Negeri Ar-Raniry Banda Aceh
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Tasyri'

 1 
Pengawasan Mal Administrasi oleh Ombudsman Aceh terhadap Pelayanan Publik atau Pelayanan Kemasyarakatan pada BPBD Bireuen Yusuf Adan , Hasanuddin; Zubaidi, Zaiyad; Muhammad Iqbal Rahman
Tasyri' : Journal of Islamic Law Vol. 1 No. 2 (2022): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v1i2.36

Abstract

The implementation of a clean and effective government aspired to by the community, public services and law enforcement are two inseparable aspects of efforts to create a democratic government that aims to improve people's welfare, justice, legal certainty, clean and transparent government (clean government and good governance).  governance). In fact, there are still many maladministration carried out by public services. The formulation of the problem in this research is how is the Islamic perspective related to supervision and how is the process of public supervision and what factors are the obstacles experienced by the Aceh Ombudsman.  This type of research is classified as field research, which is descriptive in nature, namely research that describes and describes data sourced from primary data through interviews, observations and reports in the form of documents and secondary data by conducting library research in the form of Al-  Qur'an, Hadith, opinions of scholars, laws and regulations, documents and books and other scientific works.  Based on the results of the study, it can be concluded that there is maladministration in Bireuen Regency regarding the misuse of public service facilities in the field of BPBD damkar, so that the Ombudsman conducts an investigation of the service.  Fiqh Siyasah's review of the supervision carried out by the Ombudsman does not conflict with the Shari'a, but the supervised service is not responsible for its service to the needs of the community.
Peran Bea Cukai dalam Penegakan Hukum terhadap Tindak Pidana Penyelundupan Bawang Merah Zubaidi, Zaiyad; Eriyanti, Nahara; Fiani, Ade Nuzul
Tasyri' : Journal of Islamic Law Vol. 2 No. 1 (2023): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v2i1.45

Abstract

This paper is motivated by the rise of criminal acts of smuggling of goods and services in Indonesia. The Customs and Excise Party as a government agency has conducted supervision and inspection of imports of goods both from within and from abroad to eradicate smuggling. The Sumatra region, one of which is the Aceh region, is one of the places for committing the crime of smuggling shallot products. If this crime always occurs every year, then every year the state suffers losses. This study used qualitative research methods. The data sources for this research are field data (field research) and literature (libray research). The results showed that the role of Langsa City Customs and Excise in law enforcement against the criminal act of smuggling shallots was by conducting patrols, strengthening intelligence and community information, carrying out law enforcement, collaborating with other agencies. Many obstacles were faced by the Customs and Excise of Langsa City in enforcing the law against the crime of smuggling shallots, these obstacles were due to the country's vast geography, lack of facilities, lack of personnel, safety of officers, and lack of public awareness of law.
Kriminalisasi Homoseksual Sebagai Tindak Pidana: Studi Determinasi Moral Sebagai Hukum Pidana Sholihin, Riadhus; Rahma, Rahma; Zubaidi, Zaiyad
Tasyri' : Journal of Islamic Law Vol. 2 No. 1 (2023): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v2i1.46

Abstract

This study discusses the criminalization of homosexuality as a crime. This research is motivated by cases of homosexuality which are increasingly being discussed in Indonesia until now homosexuals have the courage to demonstrate their deviations from their sexual orientation in public. This study focuses on the problem of how moral determination is in criminal law and whether homosexuality committed by adults can be used as a crime. This research method is qualitative. The results of the study show that there is a very close relationship between morals and criminal law, therefore the basis of morality in criminal law is an important issue. In determining criminal acts, the moral system must be considered. Even though there is no obligation, the morality of society must at least be paid close attention to by the state when determining an act as a crime. Based on the moral theory, the policy of criminalizing homosexual acts fulfills the criteria of criminalization, that is, the act is immoral and harmful to individuals and society. Homosexual acts committed by same-sex couples need to be made criminal acts, first: Juridical basis, based on Law Number 11 of 2012, Pancasila and several articles in the NRI Constitution and finally Article 1 paragraph (1) of the Criminal Code which regulates the principle of legality. Second: philosophical basis, it is realized that the criminalization of homosexual acts against homosexual acts committed by same-sex couples meets the general criteria for criminalization which is supported by forms of criminalization theory: moral theory, Feinberg theory and paternalism theory. Third: sociological basis, homosexual acts of the same sex as an act that is not in line with the soul, nation, the reaction of the community that rejects homosexual activity, and is not in line with the style of customary law society.
Co-Authors Aldira Oktarina Arifin Abdullah Fiani, Ade Nuzul Habibi MZ, Muhammad Hadi, M Naufal Hasanuddin Yusuf Adan Heri Fuadhi Husni Mubarak Irwansyah Kamaruzzaman Kamaruzzaman Kamaruzzaman Kamaruzzaman, Kamaruzzaman Miftahul Jannah, Miftahul Jannah Muhammad Yanis Mukdin, Khairani Muliadi Kurdi Nahara Eriayanti Oktarina, Aldira Putri Munawwarah Rahma Rahma Riadhus Sholihin Rina Maulidia Riva Attusuha Riza Afrian Mustaqim RR. Ella Evrita Hestiandari Sa'dan, Saifuddin Tinambunan, Zaidar Tri Mulya Rahmah Ulfa, Nurul Zulhamdi, Zulhamdi