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Check And Balance Dalam Sistem Pemerintahan Indonesia Adi Syaputra Sirait, Karina Romaliani & Muhammad Arsad Nasution &
Jurnal El-Thawalib Vol 2, No 1 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v2i1.3386

Abstract

As for the academic problem, it is wainting to know how checks and balances are in the Indonesian government system, whether checks and balances have been realized in the Indonesian government system. The purpose of this study is to determine the check and balance in the Indonesian government system in terms of Montesquei and the 1945 Constitution. The type of research used in this research is the type of normative research which collects data or scientific papers that are in accordance with the object of research pr collection of data in the form of literature (Library Research) or a study carried out to solve a problem which is basically based on critical and in depth study. Againts relevant library materials. The results of this study indicate that checks and balances in the Indonesian government are very important to avoid the concentration of power that can lead to arbitrariness, so it is necessary to share state power such as the Montesquei theory of trias politica and the 1945 Contitution also divides into three institutions of power but the 1945 Constitution explains that the Executive power is too large so that it can benefit anyone who holds the position of President. Check and balance in the Indonesian government system shows that it has not been fully implemented or materialized as seen from several cases raised in this thesis, namely the case of the KPK Bill, Perppu Number 1 of 2020 and the Omnibus Law Case Creation, there are still many discrepancies in stipulating the Bill, Perppu and the Law. So that in passing laws or stipulating the coordination between Executive, Legislative and Judiciary powers has not been well coordinated so that each bill or Perppu is not well systemized
Pelaksanaan Metode Bin Nazhar di Pondok Pesantren an- Nur Padangsidimpuan Dame Siregar, Nur Rahma Primaulina Pulungan & Muhammad Arsad Nasution &
Jurnal El-Thawalib Vol 2, No 1 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v2i1.3377

Abstract

The background of the problem in this study is that students at the Islamic boarding school (Islamic boarding school) an-Nur, memorize al-Qur'an specifically for all students, both Tsanawiyah and Aliyah. The success achieved by these students has met the target, where students must hafidz 1 juz in every one semester. The formulation of the problem in this study is how the implementation of the bin Nazhar tahfidzul quran method in Islamic boarding schools and how is the success rate. The aim is to find out the implementation of al-Qur'an learning in an-Nur Islamic boarding school and to know the level of success. This research is a field research that uses data collection techniques, namely observation, interviews, and documentation, but also takes several related books such as the Practical Complete Guide to Tajwid Tahfidzh Tahsin for Beginners by Raisya Maula Ibnu Rusyd and Quick Ways to Memorize the Qur'an. by H. Sa'dulloh, SQ The results of this study indicate that the implementation of the bin Nazhar method in the Tahfidz program is to make targets for Tsanawiyah starting from juz 30 and Aliyah starting from juz. So the average students memorized a minimum of 12 juz while they were in the pesantren and some were more. The success rate achieved is approximately 80%, where another 20% of them perfect their reading that is not yet perfect in pronunciation.
Praktik Pencampuran Ketan Di Pajak Batu Adek Irma Suryani, Lubis; Muhammad Arsad, Nasution
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.v2i5.4399

Abstract

According to muamalah fiqh, buying and selling is a sale and purchase contract for certain goods where the seller clearly states the goods being traded, including the purchase price of the goods to the buyer, then he requires a certain amount of profit. Glutinous rice is a type of rice that is whiter in color than other rice. glutinous rice has a larger size when cooked, glutinous rice has a sticky texture. The problems contained in this thesis are How is the practice of buying and selling glutinous rice with a mixed system in the Batu Tax market, North Padangsidimpuan District? Why does the seller use the mixed glutinous rice system in the Batu Tax market? What is the view of muamalah fiqh on the practice of selling glutinous rice with a mixed system in the Batu Tax market? This study uses a descriptive qualitative approach in data collection, namely observation and interviews. Based on the results of the study, it can be concluded that the fiqh muamalah review of the practice of buying and selling glutinous rice in the Batu Tax Market, Padangsidimpuan District, the glutinous rice sellers commit fraud by mixing glutinous rice with ordinary rice so that the traders get greater profits. In muamalah fiqh, the practice of buying and selling mixed glutinous rice is prohibited because it contains fraud that can harm one party. Fraud in the form of quality gharar in the sale and purchase of mixed glutinous rice is one that causes harm to other people or society in general.
Bentuk Gharar Dalam Jual Beli Biji Kopi Ditinjau Dalam Hukum Islam Dermina Dalimunthe, Abu Huroirah Pasaribu & Muhammad Arsad Nasution &
Jurnal El-Thawalib Vol 2, No 2 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v2i2.3738

Abstract

The problems in this thesis are how is the form of gharar in the sale and purchase of coffee beans in BatangParsuluman Village, SaiparDolok Hole District, SouthTapanuli Regency and How is Islamic Law Review on the form of gharar in coffee bean buying and selling transactions in BatangParsuluman Village, SaiparDolok Hole District, South Tapanuli Regency. The purpose of this research is to determine the sale and purchase transactions of coffee beans in BatangParsuluman Village, SaiparDolok Hole District, SouthTapanuli Regency and to find out the Islamic Law Review on coffee bean buying and selling transactions in BatangParsuluman Village, SaiparDolok Hole District, South Tapanuli Regency. This research is field research. Sources of data in this study are primary data and secondary data. Data collection techniques using field studies, namely observation, interviews, documentation and literature study. Interviews were conducted by coffee buyers, coffee sellers, religious leaders, and community leaders in BatangParsuluman Village, SaiparDolok Hole District, SouthTapanuli Regency. The data processing and data analysis techniques of this research are after the data has been collected, the next step is to conduct data analysis processing. The results of this study indicate that the form of gharar in the sale and purchase of coffee beans in Batang Parsuluman Village, Saipar Dolok Hole District, South Tapanuli Regency is: buying and selling of goods that are not clear about their nature, affects the results of coffee milling so that it is not completely good and many are destroyed. The practice of buying and selling coffee has fulfilled the terms of sale and purchase and the terms of sale and purchase. However, the practice of buying and selling coffee does not meet the legal requirements of buying and selling. Which is the legal requirements for buying and selling must be avoided from harming one of the parties, one of which is to avoid gharar. The law that does not have text is the sale and purchase of coffee, where coffee sold by coffee farmers has not been dried in the sun, even some that have not been ripe but have already been added. in the sack to be sold to the second shop. can't be seen because it's still in the sack.
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.
Pelaksanaan Jual Beli Pasir Dalam Kajian KHES Muhammad Arsad Nasution, Sri Hamdani Fitri Siregar & Syafri Gunawan &
Jurnal El-Thawalib Vol 1, No 2 (2020)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v1i2.3179

Abstract

Sand is usually taken from rivers and beaches and sold in building shops or directly in sand mining. One of the sand mines is in Binabo Jae Village, the seller takes measurements of the sand using a sheet of truck boards. This study uses a descriptive qualitative approach in data collection used in this study, namely observation, interviews, and documentation. The result of the research states that the measuring instrument for the sale and purchase of sand is carried out using a truck board. The measurement of sand sales is that 3 pieces of truck boards are estimated at 5 cubic meters, 3 pieces of empty truck boards at the front of 1 meter are estimated at 4 cubic meters and 2 pieces of truck boards are estimated at 3 cubic meters. In fact, the width of the truck planks is not the same size resulting in uncertain sand measurements. The sale and purchase of sand in Binabo Jae Village is not fully in accordance with Islamic law and the Compilation of Sharia Economic Laws because the object of sale and purchase results in fasid so that the sale and purchase is declared invalid.
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.