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Nasution, Muhammad Arsad
UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan
Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Penetapan Sanksi Qishas Terhadap Tindak Pidana Main Hakim Sendiri Dalam Perspektif Hukum Pidana Islam Batu Bara, asmiah; Nasution, Muhammad Arsad; Harahap, Risalan Basri
Jurnal El-Thawalib Vol 4, No 2 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v4i2.9563

Abstract

The problem in this study is regarding vigilante sanctions in the perspective of Islamic criminal law. Because there are no regulations or laws governing vigilante sanctions. This type of research is field research using normative legal and empirical legal approaches. The data source for this research comes from primary data and secondary data. The primary data source is the Investigator from the Criminal Investigation Unit of the Mandailing Natal Resort Police and the secondary data source is books, data, journals and documents. The data collection technique used consisted of interviews, observation, and documentation. Data analysis techniques were descriptive qualitative. The results of this study are that the vigilante sanction in the Mandailing Natal Resort Police area has already been stipulated in accordance with Article 170 of the Criminal Code, but in terms of implementation it has never been carried out because the Resort Police considers that the victim of vigilantism is usually because he was the perpetrator of a previous crime, so the perpetrator is considered as an enemy of society as well. Vigilance in Islamic criminal law already has provisions in which the vigilante is subject to qishas sanctions, but if the victim's family forgives the perpetrator, the sanction is replaced with a diyat.
Penentuan Upah Nelayan di Kelurahan Pancuran Bambu Tanjung, Budiansyah; Nasution, Muhammad Arsad
Jurnal El-Thawalib Vol 2, No 3 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v2i3.3986

Abstract

Wage is money that is paid in return for services or competasion for losses received by the workes for the outpouring of their labor to other people who have the status of toke (employer). As for the problem in this study, the part of determining the wages of fishermen in the Pancuran Bambo Village Sibolga District Sambas Sibolga City in the perspective of Muamalah Fiq, this type of research is a qualitative field research that is sourced from fact finding from the field in addition using interview methods and observation methods and also looking for facts from legal materials. This study aims to abtain accurate data on how to determine the wages of fishermen in the Pancuran Bamboo Village Sibolga District Sambas City Sibolga City competasion of losse receavid by the workes this type of reseach is qualitative. The results of this study explain that the determination of fishermen’s wages in the Pancuran Bamboo Village Sibolga Sambas District Sibolga City is not in accordance with Islamic rules, which in the Qur’an and hadith giving wages to workers must be given as soon as possible and do not delay the wages of workers, the wages of fishermen in the Pancur Bambo Village Sibolga, this study to works this type of research is given as soon possible and do not deley the wages of workers.
North Padang Lawas District Regulation Siregar, Ramadani; Nasution, Muhammad Arsad
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.v2i5.4409

Abstract

This research is entitled Implementation of North Padang Lawas District Regulation Number 9 of 2016 Article 55 Concerning The Duties, Powers, Rights and Obligations of Village Head in Batang Onang Baru. The formulation of the problem in this research is How is the implementation of the Regional Regulation of North Padang Lawas Regency Number 9 of 2016 Article 55 concerning the duties, powers, rights and obligations of the Village Head, and what are the factors that influence the implementation of the duties and authorities of the Village Head in Batang Onang Baru Village. To obtain the results of this study, the researcher used a descriptive field research type. The data sources in this study were the Batang Onang Baru village apparatus and PKK members and the community. Secondary data in this study is data taken as supporting primary data without having to go directly to the field, including official documents, legal books, journals and articles related to this research. Based on the results of the study, it is known how the implementation of the implementation of the regional regulation of the North Padang Lawas Regency No. 9 of 2016 concerning the duties, authorities, rights and obligations of the village head in Batang Onang Baru. In its implementation it has not been effective because it is not in accordance with the provisions. The factors are that there is no legal counseling on community empowerment that is implemented through PKK, there is no inefficient supervision budget. And the implementation of the duties and authority of the village head in terms of fiqh siyasah, namely at the time of the Prophet, empowerment was carried out through a process of education and the liberation of slaves that all humans were equal in the sight of Allah.
Pembulatan Uang Sisa Khalida, Lina; Nasution, Muhammad Arsad
Jurnal El-Thawalib Vol 2, No 4 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v2i4.4240

Abstract

The fundamental problem in this research is the element of compulsion for unilateral actions in rounding off the remaining money. In this problem, the researcher wants to know the form of refunding the remaining money with a small nominal in buying and selling transactions at the Ita Siregar Store and the Fiqh Muamalah review of the practice of rounding.This research uses field research, namely data collection is carried out by direct observation to Ita Stores and interviews with sellers and buyers who know the practice of rounding up the remaining money in buying and selling transactions. After that, it is analyzed, namely explaining the views on buying and selling and rounding off the remaining money from Fiqh Muamalah.In the implementation of the pillars and terms of buying and selling with the practice of rounding up the remaining money at the Ita Siregar Shop, it is in accordance with Muamalah Fiqh. However, rounding off the remaining money in buying and selling based on sharia principles, one of which is to prioritize the principle of willingness when the transaction is not in accordance with Fiqh Muamalah because in practice, there is still an element of coercion.The factor in the rounding up of the remaining money from the Ita Siregar Shop is the rounding of the remaining money due to the absence of change with a small nominal value, making transactions easier and as a means of giving alms. So the thing that must be done is to make a nominal calculation of the price of goods at the right price or the nominal that is still circulating a lot to avoid small fractional nominals.
Praktik Perlombaan Kicauan Burung Pangaribuan, Masliani; Nasution, Muhammad Arsad
Jurnal El-Thawalib Vol 3, No 1 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i1.5085

Abstract

The practice of singing bird competitions is often carried out in Ujungpadang Village, South Padangsidimpuan District, Padangsidimpuan City, namely on Sundays once a week and once a month.Each participant buys a registration ticket to take part in the competition.Ticket prices vary depending on the class and the event that will be followed by the participants of the competition.The awarding of prizes is determined by the number of participants who take part in the competition, and the proceeds from ticket sales. The objectives to be achieved in this study were to find out the practice of the chirping of birds that occurred in Ujungpadang Village, South Padangsidimpuan District, Padangsidimpuan City and an overview of Muamalah Fiqh on the practice of the competition. This research is a qualitative field research, namely data collection is carried out by direct observation to Ujungpadang Village, South Padangsidimpuan District, Padangsidimpuan City, documentation, and interviews with the Chair of the Organization/Committee, Contest Participants, Judges, and the community who know about the practice of the chirping birds competition. occurred in the Village. The results of this study indicate that the implementation of the practice of chirping birds competition in Ujungpadang Village, South Padangsidimpuan District, Padangsidimpuan City, namely each participant is required to buy a registration ticket to the committee to take part in the competition. The factors that cause people to be interested in participating in the competition include as a means of entertainment, to channel the hobbies of bird lovers, the selling price of birds becomes more expensive and they are interested in the prizes for the competition. The practice of the chirping of birds that occurred in Ujungpadang Village, South Padangsidimpuan District, Padangsidimpuan City, can be said to be a competition that is not appropriate and is not allowed. This is because the prize giving to the winner has an element of maysir, with the funds given coming from the money for the registration ticket for the competition participants.
Judi Leklean di Desa Pudun Jae di Tinjau Hukum Pidana Islam Siregar, Zulfadly; Nasution, Muhammad Arsad; Sainul, Ahmad
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.v4i1.7992

Abstract

This study examines Leklean gambling in Pudun Jae Village in Review according to Islamic Criminal Law. The type of this research is qualitative or field research and the primary data source is data or information obtained directly through interviews with the people of Pudun Jae Village who carry out Leklean activities including statements from various parties, namely, Village Heads, Traditional Leaders, Ulama, Community, Card Player and Host. The secondary data sources are books, journals and documents that are considered related to this paper, while the data collection techniques are by means of observation, interviews and documentation and then the data analysis technique is qualitative descriptive. The results of this study explain that the implementation of Leklean is a community activity that is present on the night before the celebration event is carried out with many various activities such as preparing for tomorrow's needs, telling stories, keeping the location and playing cards. The factor that makes Leklean activities still exist today is that Leklean activities are very helpful to people who are doing events because if there is a Leklean then the location of the event will be safe from thieves and people who want to interfere with the event. The review of Islamic Criminal Law regarding Leklean is to explain that in Leklean Activities at the Sukur event, there is a card game that uses money as a bet so that the game feels enthusiastic. There are elements of gambling, elements of gambling in Islamic Criminal Law, namely the existence of games and bets, which causes a party to win and a party to lose. Islam forbids its people to seek and collect wealth in a vanity way such as gambling. Because the harm that exists in playing gambling is greater than the benefits.
Penghapusan Pembantu Pegawai Pencatat Nikah (P3N) Terhadap Pelayanan Pernikahan Siregar, Adelina; Nasution, Muhammad Arsad; Sainul, Ahmad
Jurnal El-Thawalib Vol 5, No 1 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v5i1.10858

Abstract

This study examines the impact of removing P3N on marriage services at the Padang Sidempuan city Office of Religious Affairs after the fall of the instruction of the Directorate General of Islamic Community Guidance number Dj.II/113 of 2009 regarding the use PNBP funds for marital reconciliation and P3N management, as well as the instruction of the Director General of Islamic Community Guidance number Dj.II/1 0f 2015 about the P3N designation for regions D1 and D2. The research method used is field research with a qualitative approach.The primary data from the instruction of the Directorate General of Islamic Community Guidance number Dj.II/113 of 2009, instruction of the Director General of Islamic Community Guidance number Dj.II/1 0f 2015,  Head of KUA Padangsidimpuan Selatan district, Padangsidimpuan Tenggara district, the Padangsidimpuan Angkola Julu district, P3N who was dismissed and the community. And the secondary data in this study are books, journals, theses and other supporting sources.Data collection techniques with observation, interviews, and documentation, with qualitative descriftive data analysis techniques. As for the reserach results obtained in this study P3N removal is carried out in two stages, namely 1) all P3N in the working area of KUA Padangsidimpuan city were officially abolished since the fall of intruction of the Director General of Islamic Community Guidance number Dj.II/113 of 2009 and 2) was not reappointed after an instruction from the Director General of Islamic Community Guidance number Dj.II/I of 2015 because the entire area of KUA Padangsidimpuan city is classified as typology C. 1) The impact of removing P3N is that it has an impact on KUA which has one who doubles as the head of KUA. 2)There was a time conflict between someone who wanted to consult with the time of registration of marriage outside the KUA. 3) Information that is slow to reach the public. 4) Wedding schedule shift. 5)P3N is still used by the public.
Pemerkosaan Pada Anak Harahap, Syaiful Akhyar; Nasution, Muhammad Arsad; Sirait, Adi Syahputra
Jurnal El-Thawalib Vol 2, No 4 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v2i4.4238

Abstract

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.
Hak Politik Penyandang Disabilitas di Angkola Selatan Nasution, Nurul Fitria; Nasution, Muhammad Arsad
Jurnal El-Thawalib Vol 2, No 6 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v2i6.4790

Abstract

Persons with disabilities are any person who experiences physical, intellectual, mental, and/or sensory limitations in the long term who in interacting with the environment can experience obstacles and difficulties to participate fully and effectively with other citizens based on equal rights. This equality of rights includes the right to participate in politics as an example of political rights for persons with disabilities, namely to participate in general elections. Based on Article 13 of Law No. 8 of 2016 states that one of the political rights for persons with disabilities is the right to vote. In the case of elections, the general election commission becomes an institution that is responsible for the course of elections that occur in an area. In the South Angkola sub-district which is part of South Tapanuli, there is a South Tapanuli General Election Commission which is the institution in charge of the general elections in South Angkola sub-district. Based on research, it shows that the South Tapanuli General Election Commission as the organizer of the election in the South Angkola District area has made several efforts to fulfill political rights for people with disabilities in South Angkola District in organizing the general elections for the Regent and Deputy Regent. The efforts made by the General Election Commission of South Tapanuli are in accordance with Law No. 8 of 2016 on Persons with Disabilities by upholding the values of equality and equal opportunity for persons with disabilities to participate in the world of politics. The South Tapanuli General Election Commission in its implementation carried out fulfillment of the political rights of persons with disabilities in the General Election, making efforts such as, conducting special data collection for voters with disabilities, getting socialization about equal political rights for persons with disabilities in General Elections, Obtaining TPS that appropriate, obtaining special ballots and providing assistance for persons with disabilities to facilitate the delivery of political rights.‎
Pelaksanaan tata cara penunjukan wali di Kecamatan Gunung Tuleh Kabupaten Pasaman Barat Aulia, Mita; Nasution, Muhammad Arsad
Jurnal El-Thawalib Vol 3, No 5 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i5.6207

Abstract

A guardian is a person or entity that in fact exercises parental power over a child. Along with the implementation of Government Regulation Number 29 of 2019 concerning Terms and Procedures for Appointment of Child Guardianship in Review of Islamic Law (Case Study In Gunung Tuleh District, West Pasaman Regency). The purpose of this research is how to implement Government Regulation Number 29 of 2019 concerning Terms and Procedures for Appointing Child Guardianship in Gunung Tuleh District, Pasaman Barat Regency, how is the view of Islamic Law regarding the Implementation of Government Regulation Number 29 of 2019 concerning Terms and Procedures for Appointing Child Guardianship in the Subdistrict Mount Tuleh, West Pasaman Regency. This type of research used in this research is field research, namely collecting data from jorong, pious ulama, notes, adoptive parents who have conducted child research in Gunung Tuleh District, West Pasaman Regency. Data collection techniques used are observation, interviews, and documentation. The results of this study indicate that the reason for the guardianship of the child by the adoptive parents is because they do not have children, the biological parents have a poor economy and have compassion for the biological parents. The implementation of child guardianship is only limited to a letter of agreement, it is not recorded at the population service and there is no stipulation. Then in terms of population administration, especially birth certificates and family cards (KK) for all respondents, the adopted children are named after their adoptive parents. And change the status of the child to become a biological child. So the implementation of child guardianship in Islamic law is not in accordance with Islamic law. And from this it can be seen that from the implementation of child guardianship, not from the appointment of a guardian based on the request or will of the parents. And change the status of adopted children to biological children.
Co-Authors Adi Syahputra Sirait Ahmad Sainul Arbanur Rasyid Aulia, Mita Baharuddin, Didin Batu Bara, asmiah Budiansyah Tanjung Deka Ria Murti Lubis Elma Ariska Sitompul Harahap, Adi Gunawan Harahap, Risalan Basri Harahap, Syaiful Akhyar Harahap, Zul Anwar Ajim Ikhwanuddin Harahap Khalida, Lina Lina Khalida Lubis Adek Irma Suryani Masliani Pangaribuan Mita Aulia Muhammad Yusuf Nasution Nasution, Nurul Fitria Nurul Fitria Nasution Pangaribuan, Masliani Pasaribu, Firmansyah Putra Halomoan Hsb Ramadani Siregar Sainul, Ahmad Shabri, Abdurrahman Sirait, Adi Syahputra Siregar , Rosnani Siregar, Adelina Siregar, Fatahuddin Aziz Siregar, Ramadani Siregar, Zulfadly Sitompul, Elma Ariska Syaiful Akhyar Harahap Tanjung, Budiansyah Zulfadly Siregar