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All Journal Teosofi: Jurnal Tasawuf dan Pemikiran Islam Nagari Law Review Legal Standing : Jurnal Ilmu Hukum Journal of Education, Humaniora and Social Sciences (JEHSS) Academy of Education Journal Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam SIGn Jurnal Hukum Asy-Syariah AL-Ishlah : Jurnal Ilmiah Hukum LEGAL BRIEF IIJSE Jurnal Mediasas : Media Ilmu Syari'ah dan Ahwal Al-Syakhsiyyah
Abd. Mukhsin, Abd.
Fakultas Syariah IAIN Sumatera Utara
Religion Humanities Economics, Econometrics & Finance Education Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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EFFECTIVENESS OF CHANGES TO LAW NUMBER 1 OF 1974 TO LAW NO 16 OF 2019 CONCERNING EARLY MARRIAGE (Case Study in Hamparan Perak District) Aziz, Tanzilul; Mukhsin, Abd.
Academy of Education Journal Vol. 14 No. 2 (2023): Academy of Education Journal
Publisher : Fakultas Keguruan dan Ilmu Pendidikan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47200/aoej.v14i2.2015

Abstract

This article aims to analyze the effectiveness of Law no. 16 of 2019 in reducing the rate of early marriage. Indonesia is a country whose population is relatively large in early marriage. Early marriage is legal if the terms and conditions are met. Ironically, in line with the rise in early marriage, the divorce rate has actually increased. Furthermore, divorce plaintiffs are teenagers who initially married at an early age. The urgency of this research is to review the effectiveness of the law in reducing the number of early marriages in Hamparan Perak District. This article uses a qualitative method with a normative juridical approach. The data collection techniques used were interviews, observation and documentation. The primary data source in this research is the results obtained through interviews and observation, while the secondary data used is a literature review. The results of the research show that in Hamparan Perak District, changes to this law were effective because they were able to reduce the number of early marriages. However, the author still found several young couples who chose to get married. This problem can be suppressed through strict regulations and requirements. The change in the law regarding the age of marriage is very effective in reducing the number of early marriages in Hamparan Perak District
TINJAUAN HUKUM PIDANA ISLAM PASAL 412 UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KOHABITASI Ritonga, Rahul Sani; Mukhsin, Abd.
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3 (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3.9934

Abstract

This research examines the regulation of cohabitation in Section 412 of Law No. 1 of 2023 and compares it with adultery sanctions in Islamic criminal law. The background of the problem raised is that Article 412 provides leniency for adultery offenders compared to Article 411 which regulates adultery, where the punishment for cohabitation offenders is lighter and the proof process uses an absolute complaint offense. This study employs normative legal techniques. with descriptive data analysis techniques. The results The discussion shows that in the review of Islamic criminal law, cohabitation offenders are considered equivalent to adultery offenders. In Islam, cohabitation is an extension of the crime of adultery so that the criminal sanctions are equalized, both for muḥṣan (married) and ghairu muḥṣan (unmarried). The perpetrator of cohabitation is subject to The perpetrators of cohabitation are subject to 100 lashes or stoning according to the category of adultery. The study's findings indicates that the regulation of cohabitation in Article 412 of Law Number 1 Year 2023 has significant differences with Islamic criminal law. Article 412 provides a lower penalty than Article 411 on adultery, in contrast to Islamic criminal law which equates criminal sanctions for cohabitation offenders with adultery offenders, namely 100 lashes or stoning according to the type, whether the category of zina muḥṣan or ghairu muḥṣan.
Rokan Hilir Riau Regional Government Policy in Managing Forest and Land Fires Fiqih Siyasah Perspective Br Srg, Siti Khairani; Mukhsin, Abd.
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 7 No 1 (2024): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v7i3.5497

Abstract

Forest and land fires are a problem that continues to exist in Indonesia, especially in Rokan Hilir Regency, Riau. The local government of Rokan Hilir Regency has formed a regulation in 2017, in which the regulation includes the Masyarakat Siaga Bencana (DPC) which is expected to be an important instrument in dealing with fire disasters. This journal research is formulated on 3 (three) main problems, namely: 1). How are the efforts of the local government of Rokan Hilir Regency, Riau in dealing with forest and land fires by forming the Masyarakat Siaga Bencana (DPC)? 2). What is the impact of the local government policy of Rokan Hilir Regency, Riau in dealing with forest and land fires by forming the Masyarakat Siaga Bencana (DPC)? 3). How is the analysis of Fiqh Siyasah on the policy of the local government of Rokan Hilir Regency, Riau in dealing with forest and land fires by forming the Masyarakat Siaga Bencana (DPC)? Research results show that efforts of the Regional Government of Rokan Hilir Regency, Riau, in overcoming forest and land fires have been insensitively carried out, including by forming a Regional Regulation in 2017, which includes elements involving the community. The impact of the Regional Government Policy of Rokan Hilir Regency, Riau, in overcoming forest and land fires is only minimal. The community expects strict regulations and the attention of the regional government to provide incentives, training, and skills to the community. Fiqh Siyasah analysis of the policy of the Regional Government of Rokan Hilir Regency, Riau, in overcoming forest and land fires, is part of the government policy that must be obeyed by the community, as a form of obedience to the government as contained in the verse of the Al-Qur'an, chapter An-Nisa' / 4:59.
The Responsibility of Higher Education Institutions in Human Trafficking Cases Disguised as Internships: An Analysis of Islamic Criminal Law Hanif, M. Afwan; Mukhsin, Abd.
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 17 No 1 (2025): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v17i1.10807

Abstract

Ideally, higher education institutions should act as entities that protect students' rights and provide quality education without abusing their position for harmful purposes. However, in reality, some universities are involved in practices that can harm students, including the misuse of internship programs that lead to human trafficking crimes. This study aims to analyze the legal responsibilities of higher education institutions in cases of human trafficking that occur within internship programs, using an Islamic criminal law approach. This article is categorized as a qualitative-based literature study. The methodology used is a normative juridical approach. The research results show that human trafficking cases in Jambi demonstrate complexity, involving both individuals and corporations, with different legal sanctions under Law No. 21 of 2007 and Islamic criminal law. Higher education institutions, such as Universitas Jambi, play an important role in providing assistance to victims, supporting legal processes, and collaborating with relevant parties to combat human trafficking, reflecting their moral and social responsibility.
Conflict and Resolution in Marriage Law: Seeking a Middle Ground Between Mandailing Customary Law and Islamic Law in Satumarga Ritonga Marriages in Tanjung Medan Village, Labuhan Batu Ritonga, Muhammad Alfarizi; Mukhsin, Abd.
Jurnal Mediasas: Media Ilmu Syari'ah dan Ahwal Al-Syakhsiyyah Vol. 8 No. 1 (2025): Jurnal Mediasas: Media Ilmu Syariah dan Ahwal Al-Syakhsiyyah
Publisher : Islamic Family Law Department, STAI Syekh Abdur Rauf Aceh Singkil, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58824/mediasas.v8i1.299

Abstract

The view of Ritonga's semarga marriage in Tanjung Medan Village, West Bilah District, Labuhan Batu Regency, with a focus on the perspectives of religious and traditional leaders. customary figures. The purpose of this research is to understand how Ritonga's semarga marriage is carried out, the views held by religious and traditional Ritonga's semarga marriage is carried out, the views held by religious and traditional leaders, and determining the more religious and traditional leaders, as well as determining which opinion is stronger and relevant to the current state of society. the current state of society. The method used in this research is a qualitative method with a sociological and normative-empirical approach. sociological and normative-empirical approaches. Data collection was conducted through interviews and documentation, while data analysis was carried out using the comparative method to evaluate the differences in views between religious and traditional leaders. to evaluate the differences in views between religious and traditional leaders. Findings revealed significant differences in views between religious and traditional leaders. Religious leaders state that surname marriage Ritonga's semarga marriage is permissible because there is no prohibition in Islamic teachings, while traditional leaders oppose it because it is considered contrary to customary norms and will be subject to customary sanctions. subject to customary sanctions. The opinion that is stronger and more relevant to the situation is the view of religious leaders, because it is in with Islamic law. [Pandangan terhadap perkawinan semarga Ritonga di Desa Tanjung Medan, Kecamatan Bilah Barat, Kabupaten Labuhan Batu, dengan fokus pada perspektif tokoh agama dan tokoh adat. Tujuan dari penelitian ini adalah untuk memahami bagaimana perkawinan semarga Ritonga dilaksanakan, pandangan yang dipegang oleh tokoh agama dan tokoh adat, serta menentukan pendapat yang lebih kuat dan relevan dengan keadaan masyarakat saat ini. Metode yang digunakan dalam penelitian ini adalah metode kualitatif dengan pendekatan sosiologis dan normatif-empiris. Pengumpulan data dilakukan melalui wawancara dan dokumentasi, sementara analisis data dilakukan dengan metode komparatif untuk mengevaluasi perbedaan pandangan antara tokoh agama dan tokoh adat. Temuan penelitian mengungkapkan adanya perbedaan pandangan yang signifikan antara tokoh agama dan tokoh adat. Tokoh agama menyatakan bahwa perkawinan semarga Ritonga diperbolehkan karena tidak ada larangan dalam ajaran Islam, sementara tokoh adat menentangnya karena dianggap bertentangan dengan norma adat dan akan dikenai sanksi adat. Pendapat yang lebih kuat dan relevan dengan situasi masyarakat saat ini adalah pandangan tokoh agama, karena sesuai dengan hukum Islam].
Review of islamic criminal law on physical violence committed by teachers against students Limbong, Idandi; Mukhsin, Abd.
Asy-Syari’ah : Jurnal Hukum Islam Vol. 11 No. 2 (2025): Asy-Syari'ah: Jurnal Hukum Islam, June 2025
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v11i2.2249

Abstract

The phenomenon of teacher violence in education raises serious concerns because it threatens children’s physical and psychological development. This study aims to examine the limits and forms of physical punishment by teachers that are considered beyond reasonableness in the perspective of Islamic criminal law. Using a qualitative method with a normative juridical approach through library research, data were obtained from classical fiqh works, tafsir, hadith, child protection laws, and relevant academic studies. The analysis employed a normative-analytical framework to compare sharia norms with Indonesian positive law. The findings indicate that violence causing injury, trauma, humiliation, or carried out in anger constitutes jinayah and cannot be justified. Islam only tolerates light discipline (ta’dib) that is educational, painless, and free from emotional motives. The study contributes by showing the alignment between Islamic law and Indonesian positive law in protecting children, while also emphasizing the need for teachers to adopt humanist and moral-based educational approaches supported by legal literacy.
The Qualification of Jarimah Ta’zir for Child Exploitation: A Case Study of Forced Labor at the Muara Parlampungan Gold Mine Lubis, Sri Anggini; Mukhsin, Abd.
SIGn Jurnal Hukum Vol 7 No 2: Oktober 2025 - Maret 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i2.524

Abstract

This research examines the phenomenon of child exploitation in the informal gold mining sector of Muara Parlampungan Village. This practice is opposed to the principles of child protection in Islam. Amid the ideal narrative of children as a divine trust whose dignity must be preserved, the on-the-ground reality reveals the systematic coercion of school-aged children, who are forced to work in high-risk conditions to support their families’ economy. The purpose of this study is to analyze this practice from the perspective of Islamic criminal law (fiqh jinayah) and to formulate a religio-legal (syar’i) qualification for the act. Using a juridical-empirical approach and a qualitative method, primary data were collected through observation and in-depth interviews with child victims, religious figures, and community leaders. The results reveal that children are forced to work 12-hour days in a hazardous environment. These conditions constantly threaten their physical and psychological safety, resulting in the deprivation of their fundamental right to education and inducing deep trauma with the potential for lifelong effects. An analysis based on the higher objectives of Islamic law (Maqashid al-Syariah) proves that this act directly undermines three fundamental objectives: the preservation of life (hifz al-nafs), the intellect (hifz al-‘aql), and progeny (hifz al-nasl). Based on this systematic harm, the study concludes that this practice of child coercion qualifies as a criminal offense (jarimah) falling under the category of a discretionary punishment (ta’zir). This qualification provides the state with full legitimacy to undertake legal intervention. The research recommends a hybrid law enforcement model that combines rehabilitative sanctions for parents with comprehensive restorative programs for child victims to break the cycle of exploitation.
Dispute on the Number of Votes in the Election of Head of Tabuyung Village, Muara Batang Girls District, Mandailing Natal Regency from Siyasah Fiqh Perspective (Decision Analysis Study Number: 80/G/2023/Ptun.Medan Nadilla, Nadilla; Mukhsin, Abd.
LEGAL BRIEF Vol. 13 No. 3 (2024): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i3.1049

Abstract

This research aims to understand the dispute resolution mechanism resulting from the election of the Head of Tabuyung Village, Kec. Muara  Batang Gadis, Kab.  Mandailing Natal, focusing on the suitability of legal considerations in the Medan PTUN decision Number: 80/G/2020/PTUN.MEDAN with applicable laws and regulations. And also this writing aims to analyze the basis of the judge's considerations in the Medan PTUN decisions in case Number: 80/G/2020/PTUN.MEDAN.  The Author uses normative research methods with a library approach to collect the necessary legal materials, including sources from experts, perspectives from the perspective of Siyasah Fiqh, research results, and journals related to dispute resolution mechanisms based on statutory regulation
Criminal Acts of Threats by Debt Collectors Against Debtors in the Per-spective of the Criminal Code and Islamic Criminal Law Ahmad Assyura, Afifuddin Salim; Mukhsin, Abd.
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i5.1156

Abstract

Criminal acts of threats by debt collectors against debtors are a significant issue in the context of criminal law in Indonesia. This study aims to analyze legal provisions regarding criminal acts of threats in the Criminal Code (KUHP) and from the perspective of Islamic criminal law. The research method used includes literature studies and case analysis. The results show that although the KUHP provides a comprehensive legal framework, its implementation is often ineffective due to weak oversight and law enforcement. Islamic criminal law offers a rigid approach but requires adaptation to modern legal contexts. Evaluations of threat cases by debt collectors reveal significant violations and insufficient protection for debtors. Recommendations for improvement include drafting more detailed regulations, enhancing oversight, and comprehensive legal education. The implementation of digital technology in debt collection is also suggested to increase transparency and accountability.
Criminal Liability for Online Gambling Promotion Perpetrators Through Sports Streaming Services According to Islamic Criminal Law Sumantoro, Nanda Bagus; Mukhsin, Abd.
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i5.1157

Abstract

This article discusses the criminal responsibility of individuals promoting online gambling through sports streaming services according to Islamic criminal law and positive law in Indonesia. The background of the problem includes the obligation of streaming service providers to monitor and control promotional content that violates the law and the criminal liabilities that may be imposed on them. The aim of this study is to analyze the mechanisms of content monitoring and control in both positive law and Islamic law, and compare them with regulations in other countries. The method used includes literature review and case analysis. The results indicate that Islamic criminal law prohibits gambling with severe penalties for both perpetrators and facilitators, while Indonesian positive law through the Penal Code and the ITE Law also prohibits online gambling promotion, requiring platform providers to moderate content. However, legal implementation faces technical challenges in detection and enforcement. In conclusion, there is a need for enhanced monitoring systems and stricter law enforcement, along with closer collaboration between service providers and legal authorities to effectively prevent online gambling promotion
Co-Authors Adilla, Nurul Ahmad Assyura, Afifuddin Salim Al-Farizi, Dava Aziz, Tanzilul Br Srg, Siti Khairani Elika, Dinda Hanif, M. Afwan Ja'far, Ja'far Limbong, Idandi Lubis, Sri Anggini Mhd. Syahnan Nadilla, Nadilla Ritonga, Muhammad Alfarizi Ritonga, Rahul Sani Sukiati Sukiati Sumantoro, Nanda Bagus