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Analisis Sadd Az-Zarī’ah Pada Putusan Mahkamah Konstitusi Tentang Kewenangan Penyidik PNS Dalam Penyidikan TPPU Alfarobi, Muharam; Yazwardi, Yazwardi; Jumanah, Jumanah; SA, Romli; Rochmiyatun, Siti
Hukum dan Masyarakat Madani Vol. 14 No. 2 (2024): November
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/humani.v14i2.9247

Abstract

Putusan MK Nomor 15/PUU-XIX/2021 membuka kebijakan hukum baru pada pencucian uang di Indonesia di mana kewenangan penyidikan pencucian uang dapat dilakukan  oleh Penyidik PNS namun hal itu menimbulkan problematika hukum apabila implementasi penyidikan pencucian uang dilakukan oleh Penyidik PNS. Tujuan penelitian ini ialah untuk mengetahui dan menganalisis Teori Sadd Az-Zarī’ah pada Putusan MK a quo tentang Kewenangan Penyidik PNS menyidik Tindak Pidana Pencucian. Jenis penelitian ini menggunakan penelitian pustaka/library research dengan tiga pendekatan (undang-undang, kasus, dan konseptua). Jenis data kualitatif dengan sumber data yaitu bahan hukum primer, sekunder dan tersier. Data yang dikumpulkan melalui metode pustaka akan dianalisis menggunakan metode deskriptif analitis. Hasil penelitian ini menjelaskan bahwa lahirnya Parallel Investigation sebagai metode penyidikan baru pencucian uang termasuk Penyidik PNS berwenang menyidik tindak pidana pencucian uang dalam lingkup kewenangannya menruut undang-undang, problemnya ialah sikap tranparansi, netralitas, dan integritas Penyidik PNS dalam menyidik pelaku yaitu rekan kerjanya sendiri, yang hasil temuannya bersih dan tidak ada masalah serius untuk ditindak lanjuti, serta analisis Sadd Az-Zarī’ah terhadap Putusan MK a quo diketahui bahwa Putusan MK a quo mengarah pada mafsadat yang lebih besar daripada maslahatnya sebab tidak membawa upaya pencegahan dan pemberantasan pencucian uang, maka dengan segera hal itu harus dicegah untuk menghilangkan kerusakan.
The Manipulation of Religion and The Legalization of Underage Marriages in Indonesia Barkah, Qodariah; Cholidi, Cholidi; Rochmiyatun, Siti; Asmorowati, Sulikah; Fernando, Henky
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 1 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i1.13316

Abstract

Cases of underage marriage have continued to increase, supported by religious law, and accepted by Indonesian Muslims. To analyze this phenomenon, this study is an empirical legal study using a qualitative descriptive approach. The data was obtained through observation, interviews, and a search for religious texts/arguments. The analysis was constructed to explain the relationship between the practice of early marriage and the use of the texts of the Qur'an and Hadith as the main sources in Islamic law. It shows that this exegetical approach has helped perpetuate the practice of underage marriage, as it not only promotes a partial and purely textual understanding of Islam's teachings regarding marriage but is also easily manipulated to promote certain views, as a form of religious manipulation of underage marriages. As a result, marriage is taught and understood from a purely doctrinal perspective, without considering the health and well-being of the married couple. Instead, this study recommends using an integrated approach that continuously strives to prevent the underage marriage, one capable of obtaining a comprehensive understanding that recognizes the interests of all stakeholders including underage couples. Only then can a comprehensive understanding of religious teachings and experiences be obtained
Perkawinan Adat “Rasan Jahat” Perspektif Maqashid Syariah (Studi Desa Sako Kecamatan Rambutan Kabupaten Banyuasin) Mawardi, Muhammad Afiq Zamzami; Rochmiyatun, Siti; Azhari, Ari; Fani, Khairul
MU'ASYARAH: Jurnal Kajian Hukum Keluarga Islam Vol 4, No 1 (2025): Maret
Publisher : UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mua.v4i1.8582

Abstract

: Marriage for Muslims is something that is very sacred and has a sacred purpose and cannot be separated from the provisions stipulated by Islamic law. The existence of customary marriage regulations between one indigenous community and another, with differences in these customary regulations, often resolves inter-customary marriages into protracted problems. Sako Village, Rambutan District, Banyuasin Regency has Sako Village Regulation Number 05 of 2014 concerning the Existence of Traditional Law Communities and the Compilation of Sako Village Customs. In one of the chapters discussing traditional marriages, the village regulations explain that there are 2 types of marriage feelings, one of which is "Evil Rasan". "Rasan Evil" Traditional Marriage is a form of marital deviation that occurs in Sako Village, Rambutan District, Banyuasin Regency. This research uses a qualitative approach method with the type of field research (Field Research). This study was carried out by interviewing informants in the field regarding the "Rasan Evil" traditional marriage mechanism from the Maqashid Syariah perspective and the primary data sources used were the results of interviews with informants in the field, and also secondary data sources such as books, journals, mass media, and related regulations regarding marriage. The research results show that the "Evil Rasan" Traditional Marriage is caused by 2 things, namely First, it is based on the "Pull" from the Maqasid Syariah perspective, in this case the aim is to protect offspring (hifdz an-nasl). Second, based on being pregnant out of wedlock, when viewed from the Maqashid Sharia perspective, this traditional marriage is not in accordance with the objectives of Sharia law.: Marriage for Muslims is something that is very sacred and has a sacred purpose and cannot be separated from the provisions stipulated by Islamic law. The existence of customary marriage regulations between one indigenous community and another, with differences in these customary regulations, often resolves inter-customary marriages into protracted problems. Sako Village, Rambutan District, Banyuasin Regency has Sako Village Regulation Number 05 of 2014 concerning the Existence of Traditional Law Communities and the Compilation of Sako Village Customs. In one of the chapters discussing traditional marriages, the village regulations explain that there are 2 types of marriage feelings, one of which is "Evil Rasan". "Rasan Evil" Traditional Marriage is a form of marital deviation that occurs in Sako Village, Rambutan District, Banyuasin Regency. This research uses a qualitative approach method with the type of field research (Field Research). This study was carried out by interviewing informants in the field regarding the "Rasan Evil" traditional marriage mechanism from the Maqashid Syariah perspective and the primary data sources used were the results of interviews with informants in the field, and also secondary data sources such as books, journals, mass media, and related regulations regarding marriage. The research results show that the "Evil Rasan" Traditional Marriage is caused by 2 things, namely First, it is based on the "Pull" from the Maqasid Syariah perspective, in this case the aim is to protect offspring (hifdz an-nasl). Second, based on being pregnant out of wedlock, when viewed from the Maqashid Sharia perspective, this traditional marriage is not in accordance with the objectives of Sharia law.
Implementation of Arrangements for Ikrar Wakaf Land (AIW) in The Indonesian Waqf Law (Case in Palembang City) Rochmiyatun, Siti; Fitriyati, Yusida
al-'adalah Vol 16 No 1 (2019): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v16i1.3306

Abstract

This research examines the provision of Waqf Land in Indonesia and its implementation in Palembang City. The aim is to identify obstacles in its implementation while finding solutions so that the management of waqf land can be more productive by the desires of the Waqif (Waqf Doer).The results of the study find out that the Regulation made by the Directorate General of Islamic Community Guidance Number 75/1978, which regulates the Format and Content of Endowments Pledge, contains weaknesses that may hinder the productivity of waqfland. This is indicated by the format of the W2 and W3 form models which limit the uses of the WaqfLand, giving an interpretation that the Nazir (Waqfmanager) may not add the Waqf object to other uses. In the future, the format and the substance of AIW, which become the basis for Nazirin managing the Waqf, must be made in such a way that Nazhir has the freedom to develop the use of Waqfland more productively by the wishes of the waqif and the WaqfAct. Apart from the weaknesses above, the implementation of the Ikrar Tanah WaqfAct in Palembang, especially for the Mosque waqf, have been running well and productively.
Pattern of Students’ (Akhlak) Character Building through Student Organization Activity: A Study of Nature Lover Student (MAPALA) in Islamic University Oviyanti, Fitri; Rochmiyatun, Siti; Fauzi, Muhamad; Bujuri, Dian Andesta
Al-Tadzkiyyah: Jurnal Pendidikan Islam Vol 15 No 2 (2024): Al-Tadzkiyyah: Jurnal Pendidikan Islam
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/atjpi.v15i2.23713

Abstract

This research aims to reveal good practices in (akhlak) character building pattern through the activities of the Student Organization for Nature Lover (MAPALA) at an Islamic University in Palembang, South Sumatra. This research uses a qualitative case study type method. Research data was obtained through interviews, observation and documentation. There were 14 informants involved in this research. They are Vice Chancellor 3 for student affairs, Deputy Dean 3 (MAPALA coordinator), Chair of MAPALA, Deputy Chair of MAPALA, alumni (seniors) of MAPALA, 6 student members of MAPALA, and 3 lecturers. Research data was analyzed using an interactive model of three techniques, namely data reduction, data presentation, and drawing conclusions. The results of this research show that the development of student character through the first extracurricular activities of the Student Activity Unit (UKM) for Nature Lovers Student (MAPALA), cognitive development activities, which include public discussions, up-greading, seminars, wildlife crime investigation training, and get-to-know interviews. Medan. Second, affective coaching activities, which include Capital Care Fundraising, Mosque Cleaning, Tiger Day Commemoration, and recital. Third, psychomotor development activities, which include Camping, Mountain Expeditions, Adventure with MAPALA, Young Member Adventures, Exercise and Rock Climbing. These activities have a positive impact on developing student character. Through these activities, students are taught to be religious, honest, communicative, environmentally conscious, socially caring and love nature.
Women’s Reproductive Rights in the Stunting Prevention Policy by the Government of Indonesia Ramelan, Rafida; Rochmiyatun, Siti; Armasito, Armasito
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): June 2025
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1341

Abstract

This study aims to analyze the protection of women’s reproductive rights in preventing stunting as part of the state’s responsibility to ensure the quality of future generations. The research employed a combination of library research and field research using a qualitative descriptive approach. Data were collected through the examination of legal documents, scholarly literature, government policies, and interviews with health officers, community leaders, and women of reproductive age in regions with a high prevalence of stunting. The findings show that women’s reproductive rights have been protected under various national regulations, including Government Regulation No. 72 of 2021, which demonstrates the government’s commitment to addressing stunting through reproductive health–oriented regulatory policies. However, the implementation of these policies remains suboptimal due to limited coordination among institutions, inadequate public awareness, and disparities between legal norms and field practices. The study concludes that legal protection of women’s reproductive rights is a crucial factor in preventing stunting and ensuring the realization of maqashid al-sharia, particularly hifzhu al-nasl (the protection of lineage). Academically, this research contributes to enriching the interdisciplinary discourse between Islamic law, public policy, and public health by integrating reproductive rights into national stunting prevention strategies. The results are expected to serve as a reference for policymakers and stakeholders in formulating effective, sustainable, and gender-responsive health policies that support the creation of a strong, healthy, and high-quality rabbani generation for the nation’s future.