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PENERAPAN HUKUMAN TA’ZIR DI INDONESIA (Suatu Analisis Terhadap Penerapan Hukuman di Lapas Kota Padangsidimpuan) Hendra Gunawan MA
FITRAH: Jurnal Kajian Ilmu-ilmu Keislaman Vol 4, No 2 (2018): 11 Articles, Pages 227-438
Publisher : IAIN Padangsidimpuan

This study aims to reveal the application of ta'zir punishment in Indonesia by analyzing the application of punishment in Padangsidimpuan class II B prison, this research is a type of field research with a qualitative approach to comparative analysis. While the data collection in this study was carried out through observation and interview techniques, while data analysis techniques used a comparative model.The results of the analysis show that in prison class II B Padangsidimpuan there are three types of crimes which are crimes of ta'zir or new types of crimes that have not been clearly stated in the Koran regarding the punishment of narcotics, corruption, and punishment for child offenders . Where all the perpetrators were sentenced to ta'zir or punishment based on a judge's decision, from the practice of applying punishment in class II B prison Padangsidimpuan shows that indirectly the terminology of ta'zir punishment in the Islamic criminal law realm has actually been applied in Indonesia, namely correctional institutions

MEMBUNUH KARENA PERINTAH ATASAN DITINJAU DARI PERSPEKTIF HUKUM PIDANA ISLAM Hendra Gunawan
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 7 No 1 (2022): Juni 2022
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar

Penelitian ini menganalisis tentang regulasi hukum pidana Islam tentang tindak pidana pembunuhan karena perintah atasan, sebab tindakan ini menuai pro dan kontra, ada yang beranggapan bahwa tindakan ini adalah murni pelaku pebunuhan namun disisi lain ada juga yang beranggapan bahwa bersangkutan merupakan korban dari atasan yang memerintahkan membunuh, maka dalam penelitian ini penulis ingin mengemukakan bagaimana status hukum membunuh karena perintah atasan. Penelitian ini merupakan penelitian kualitatif, maka dalam penelitian ini penulis menggunakan pendekatan konsep jarimah al-qatl dalam hukum pidana Islam untuk mengetahui bagaimana status hukum membunuh karena perintah atasan, dengan menggunakan metodologi menganalisis data yang diperoleh dari berbagai reference baik dari buku, situs internet, maupun jurnal yang berkaitan dengan topik yang dibahas. Berdasarkan penelitian yang telah dilakukan ditemukan hasil bahwa pembunuhan karena perintah atasan tidak dibenarkan dalam hukum pidana Islam, sehingga pelakunya dapat dikenai hukuman, terkecuali untuk membunuh musuh-musuh dalam perperangan dan menghukum mati pelaku tindak kejahatan berat demi untuk menjaga keamanan negara, karena dalam hukum pidana Islam hal ini termasuk pembunuhan yang haqq (diperbolehkan). Pelaku dapat dibebaskan dari hukuman apabila berada dalam tekanan atau ancaman sehingga nekat dan terpaksa melaksanakan perintah pembunuhan tersebut, sebab dalam hukum pidana Islam seseorang melakukan sesuatu yang terlarang karena berada di bawah ancaman, tekanan, dan paksaan untuk menyelamatkan diri tidak bisa dituntut pertanggungjawabannya di hadapan hukum.

LARANGAN MELAUT PADA HARI JUM’AT DI DESA SINGKUANG DITINJAU DARI PERSPKTIF MAQASID SYARI’AH Hendra Gunawan MA
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 8, No 2 (2022)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v8i2.6253

This paper explains the prohibition of going to sea on Fridays in Singkuang village from the perspective of maqasid sharia, because basically fishing activity is a suggestion from Allah SWT to meet the needs of human life, fulfill the nutrition of children's growth. However, in the village of Singkuang, a Village Regulation (Perdes) regarding the Prohibition of Fishing on Fridays appeared.The question here is what is the background, objectives, formulation of sanctions, and the implementation of the Village Regulation on the Prohibition of Going to Sea on Fridays, and how it is viewed from the perspective of maqasid sharia.This research is a qualitative research, where the author uses data collection methods with observations and interviews with local people regarding the prohibition of going to sea on Fridays, then the data is analyzed with the concept of maqasid sharia.The findings in this study, that the prohibition to go to sea on Fridays was motivated by the number of fishermen in Singkuang village who neglected Friday prayers due to fishing, this is according to the belief of the local community if left unchecked will be able to invite harm (disaster) to the village, then According to the local community, this village regulation was made to remind fishermen to perform Friday prayers. This prohibition from going to sea when viewed from the perspective of maqasid sharia is very relevant, namely to maintain worship.

Pola Kemitraan Bagi Hasil Plasma Antara PT. Sago Nauli Dengan KUD Hemat Di Kecamatan Sinunukan Syahria Siregar; Hendra Gunawan
Jurnal El-Thawalib Vol 3, No 6 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i6.6654

This article discusses the Sharia Economic Law Compilation (KHES) for the production sharing of oil palm plasma land in the village unit cooperative Sinunukan IV, Sinunukan District, Mandailing Natal District. This research is a field research with a qualitative approach, the primary data source comes from the Chairperson of the Cooperative Village Unit for Savings (KUD Hemat), the Management of KUD Hemat, and members of the plasma land owners. Then the secondary data from this research are books, journals, field documents and other sources related to this research. Data collection techniques by interviews, observation, and documentation and data analysis techniques using qualitative descriptive techniques. The results of this study explain that the implementation of profit sharing carried out by the Efficient Village Unit Cooperative (KUD Hemat) is to use a percentage system, namely 80% for community members as owners of oil palm plasma land, commonly referred to as SHP (Harvest Remaining). 20% for the PT, and cooperative management get 1.5% of the 20% given by the company, Muzara'ah and Mukhabarah in KHES are made in 1 CHAPTER namely in CHAPTER IX the first part of Article 255 regarding the pillars and regarding the conditions contained in article 256 -261. In KHES namely in CHAPTER IX the first part of Article 255 regarding pillars are: land owner, cultivator, cultivated land, and contract. In terms of pillars, it is appropriate both in terms of KHES (Compilation of Sharia Economic Law) and from Islamic law. However, in terms of the conditions it has not met, namely related to the land planted, that is, the land to be cultivated must be clearly known, so as not to cause disputes between the parties making the contract. This is what causes these conditions to be less than perfect because according to the observations it was found that the people who got the plasma land did not know the exact location. Based on KHES, in terms of profit sharing, it is in accordance with mukhabarah in the form of a percentage where it is appropriate (not gharar), namely in the form of 80% for community members as owners of oil palm plasma land, commonly referred to as SHP (Remaining Harvest) every month. 20% for the PT, and cooperative management gets 1.5% of the 20% given by the company.

KORUPSI DALAM PERSPEKTIF HUKUM ISLAM Hendra Gunawan
Yurisprudentia: Jurnal Hukum Ekonomi Vol 4, No 2 (2018)
Publisher : Institut agama islam negeri Padangsidimpuan

The issue and practice of corruption, in fact has happened in the first time only sanya relatively small and in the motive or modest mode even only done by a handful of people, mara historians mentioned that corruption is a sin of the past then in history it is recorded that Rasulullah SAW always do examining or auditing officials who later in the next decade the custom of the Prophet in the later days developed into qadha al-mazhalim (judicial investigative board) in charge of investigating cases relating to Collusion and Nepotism Corruption (KKN). Thus, it can be concluded that in Islamic law corruption is bummed in modern era is not a new case in Islamic law but far long time has been highlighted only sanya terminology is different deang term discussed in Islamic law that is ghulul, risywah, sariqah, and hirabah that will be the author expressed in this paper

ANALISIS FIQH JINAYAH TERHADAP JUAL BELI PETASAN Hendra Gunawan MA
Yurisprudentia: Jurnal Hukum Ekonomi Vol 6, No 2 (2020)
Publisher : Institut agama islam negeri Padangsidimpuan

Some people think that firecrackers are considered a fun game, especially on certain days including welcoming the turn of the year and even religious days including the month of Ramadan. Not only, it is fun for poison lovers but also a rain of sustenance for firecracker traders on certain days.But on the other hand, there have been many harms that have arisen due to firecrackers published in print and online news, ranging from injuries, fires, and even fatalities. Moving on from here, the author wishes to highlight the practice of buying and selling firecrackers which I will look at from the perspective of fiqh jinayah or the Islamic Criminal Law.The findings in this paper are that the sale and purchase of firecrackers is not only prohibited by legislation, but fiqh jinayah also prohibits the practice of buying and selling firecrackers due to 3 elements, namely; because there are elements of dharar (danger), tabdzir (wasting wealth), and doubts about the usefulness of firecrackers. For a more detailed explanation, read the discussion in this paper.

EKSISTENSI HUKUM ISLAM DI INDONESIA DALAM PEMBANGUNAN NASIONAL Hendra Gunawan
Yurisprudentia: Jurnal Hukum Ekonomi Vol 4, No 1 (2018)
Publisher : Institut agama islam negeri Padangsidimpuan

Islamic law brought by the prophet Muhammad, popularized by jargon “wama arsalnaka ila rahmatan lil'alamin” (not the message of Islam was revealed, but for the benefit of the entire universe) that govern the lives of Muslims in particular and mankind in general correspond to Islam derived its name from "salam" which means safety, means to bring salvation to the whole entire universe without exception, including for the people of Indonesia. But lately, Islam as if identified with terrorists, radicals, and fully impressed with the spread of violence in the media, the author makes the heart sad, move from here the author would like to see the existence of Islamic law in Indonesia in national development as a consolation. In this paper, the author tries to decipher how the development of Islamic law in Indonesia, how Islamic law is applied in Indonesia, and how the contribution of Islamic law to undermine national development. Authors see Islamic law in Indonesia of legislation used in a religious court, a compilation of Islamic law, qanun province of Nanggroe Aceh Darussalam, and fatwas Majelis Ulama Indonesia, from here the authors see sumbangsi-sumbangsi Islamic law to the acceleration of national development both directly or indirectly. As it turned out, the existence of Islamic law in the course of the Indonesian nation can not be disputed, ranging from pre-independence, post-independence, and until today. One of them Law No. 1 Year 1974 On marriage according to Islamic Law and Presidential Decree No. 1 Year 1991 About the Compilation of Islamic Law are both contributing to increased security, peace, public order and Indonesia. Then, Act. No. 23 Year 2011 on the Management of Zakat to help the government address poverty. Lastly, the Act. No. 21 Year 2008 regarding Islamic Banking in line with national development goals to improve the lives of the people, the fact that Islamic Banking is growing rapidly and the demand of Indonesian society

ANALISIS IMAM IBNU QUDAMAH TENTANG KEPEMILIKAN BAHAN GALIAN TAMBANG KONTINUITAS Anwar Habibi Siregar; Hendra Gunawan
Yurisprudentia: Jurnal Hukum Ekonomi Vol 7, No 2 (2021)
Publisher : Institut agama islam negeri Padangsidimpuan

This paper discusses about the concept of Imam Ibn Qudamah who has made important innovations in the ownership of mining minerals. It’s formulated in the concepts of al-ma'adin al-jariyah and al-ma'adin al-jamidah. the first part is included in the general ownership, while the second part is in the individual ownership. This research is a qualitative research (library research) that requires researchers to explore primary, secondary, and complementary sources according to research needs. The method used in the study is the exploratory-analytic-comparative method. This paper supports the opinion of Muhammad Baqir al-Sadr (2003) and Muhammad Sholahuddin (2007). According to them, if someone tries and works hard to find mining minerals, then he has the right to own it as private property. however, if the mining material has a large quantity of reserves, it is included in the category of public or common property and must be managed by the government (state).

ANALISIS JUAL BELI BARANG CURIAN PERSPEKTIF HUKUM PIDANA ISLAM Hendra Gunawan; Anwar Habibi
Yurisprudentia: Jurnal Hukum Ekonomi Vol 7, No 1 (2021)
Publisher : Institut agama islam negeri Padangsidimpuan

This paper discusses the legal status of stolen goods, both stolen goods that are not known to the buyer or stolen goods that are completely known to the buyer but he is still unsure whether the goods are stolen or not. To answer this problem the author uses a quantitative method with a literature or library approach, where the author looks for answers from various fiqh jinayah books. The findings in this article are that the practice of buying and selling stolen goods is strictly prohibited in Islam, especially buying goods whose status is clearly known to be the product of theft or is not clearly known, but there are indications that point to stolen goods, it is unlawful to buy them even if they are priced relatively cheap price.

KAJIAN FIKIH JINAYAH SEPUTAR PENANGGULANGAN VIRUS CORONA Hendra Gunawan
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 6, No 1 (2020)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v6i1.2506

The world is now hit by the popular Corona virus pandemic called Covid 19 which has claimed many lives, nearly millions of human lives have been lost due to the ferocity of the Corona virus. Every human being created by Allah SWT has the duty to be khalifatullah fil ardhi (the leader in the universe) must always try to hack the Corona virus that is threatening the universe inhabitants of the universe. Especially Muslims, must contribute in tackling the Corona virus pandemic outbreak, including through jinayah fiqh studies. As for the main problem in this article is how the rules of jinayah in tackling this Corona virus which the author will summarize in the subtitles about a set of jurisprudence rules in dealing with the Corona virus.The method used in this article is descriptive qualitative, through the study of literature in various books and websites that discuss Corona considering that this topic is still new so that not many have studied it in one book.The author's findings in this article, that government policies in tackling the spread of the Corona virus in the country of Pancasila, have synergy with the rules in jurisprudence starting from techniques to isolate victims of the Corona virus to maintaining distance or physical contact in peace. For further details please see the next discussion.

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