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Penerapan Teori Diversi Terhadap Kasus Anak Ditinjau Dari Hukum Pidana Islam Rosmida Wati Siregar; Ihsan Helmi Lubis
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.v3i6.6665

Abstract

The problem in this study is the application of diversion at the Padangsidimpuan Police Station in terms of Islamic Criminal Law. The type of research used in this research is field research, using a Juridical Empirical approach, primary data sources are Padangsidimpuan City Police investigators and secondary data sources are books, journals and others. Data collection techniques used consisted of interviews, observation, and documentation. Qualitative descriptive data analysis techniques. The results of this study are the application of diversion efforts at the Padangsidimpuan City Police has not been fully implemented in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System by taking into account the best interests of children (victims and suspects), the parties invited for diversion include: victims and family, suspect and family, BAPAS, Bapemas, institutions or social organizations accompanying children. Islamic Criminal Law Review In Islah, criminal acts that cannot be pursued are criminal acts that fall into the Hudud category such as adultery, accusing adultery, alcohol, apostasy and rebellion. Apart from these categories, peaceful means can be taken even if it involves serious crimes such as murder and so on. While in diversion, the benchmark is the period of confinement. Peace efforts can be pursued while threatened with imprisonment under 7 years and not a recidivist.
SCREENING AND TRADING PROCEDURES IN THE SHARIA CAPITAL MARKET Ihsan Helmi Lubis
Shar-E : Jurnal Kajian Ekonomi Hukum Syariah Vol. 9 No. 1 (2023): Shar-E: Jurnal Kajian Ekonomi Hukum Syariah
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/shar-e.v9i1.1763

Abstract

Sharia capital market is an activity concerned with public offerings and trading of securities, public companies related to securities issued, as well as institutions and professions related to securities that are run on the basis of sharia principles. This is certainly not separated from the screening procedures that must be passed to get into the Jakarta Islamic Indexs (JII). This means not all types of shares can enter in JII. The purpose of this screening is to fulfill the principle that an investor only transactions (trading) on something kosher or not contrary to Islamic Sharia. This paper will try to expose the screening procedure until trading in the sharia capital market.
THE PILLARS AND CONDITIONS OF A CONTRACT IN MUAMALAT TRANSACTIONS Ihsan Helmi Lubis
Mu’amalah : Jurnal Hukum Ekonomi Syariah Vol 2 No 1 (2023): Mu'amalah : Jurnal Hukum Ekonomi Syariah
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (436.289 KB) | DOI: 10.32332/muamalah.v2i1.6983

Abstract

Abstract: Buying and selling transactions are natural occurrences that cannot be avoided by every human being because individuals rely on each other for their survival. For example, a meat seller needs a spice seller to enhance the flavor of their cooking, a lecturer needs patients to develop their knowledge, and so on. However, these transactions are inevitably subject to certain conditions and pillars of the contract, which can determine whether the transaction complies with Islamic law or, conversely, contradicts it. The findings of this study reveal that the pillars are divided into four categories, each with its inherent conditions. The first pillar is the presence of two contracting parties with the conditions of legal capacity and multiple parties. The second pillar is the form of the contract with the conditions of clear understanding, matching offer and acceptance, reflecting the sincerity of the parties involved, and taking place in a single gathering. The third pillar is the subject matter of the contract with the conditions that the transaction object must exist at the time of the transaction, be fully owned by its owner, be capable of transfer, have a clear description, and be pure. The fourth pillar is the purpose of the contract with the condition that it must comply with Islamic law.
URGENSI ETIKA DALAM KEABSAHAN JUAL BELI (STUDI KASUS DI PASAR RAYA SANGKUMPAL BONANG) Ihsan Helmi Lubis; Mu'adil Faizin
Yurisprudentia: Jurnal Hukum Ekonomi Vol 9, No 1 (2023)
Publisher : Institut agama islam negeri Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/yurisprudentia.v9i1.7796

Abstract

Buying and selling transactions at Pasar Raya Sangkumpal Bonang are carried out with ethics that are not commendable by the seller to the prospective buyer so that the validity of the sale and purchase needs to be reviewed. The method used to solve the problem in this study is a type of field research with a case study approach to the ethics of the seller of Toko X Pasar Raya Sangkumpal Bonang Padangsidimpuan, the data sources in this study are primary and secondary data sources. Primary data sources consist of interviews with sellers and buyers. Meanwhile, secondary data sources refer to journals and books that are relevant to the researcher's discussion. Based on these problems, researchers will analyze using the theory of Islamic business ethics. based on the results of the study that the practice of transactions carried out by sellers and buyers is null and void because there is an element of coercion carried out by the seller.