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All Journal Tahqiqa: Jurnal Pemikiran Hukum Islam
M. Akbar
STIS AL HILAL SIGLI, ACEH
Law, Crime, Criminology & Criminal Justice Social Sciences

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URGENSI DAN STRATEGI KONSERVASI WIBAWA HUKUM DALAM MASYARAKAT M. Akbar
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 13 No. 1 (2019): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v13i1.123

Abstract

Indonesia as a sovereign law state guarantees public order by realizinglegal certainty, fairness and the benefits of established legal products. These threeelements must be realized in the implementation and enforcement of law, so thatthe authority of the law can be felt by the community in increasing awareness andlaw-abiding nature. The principle problem in this study is how to recognize theprotection of human rights which contain the principle of equality before the lawin the life of the community, as well as the quality of legislative legislation in allaspects. The principle of equal treatment before the law is a vital principle inguaranteeing and protecting human rights, insofar as rights and obligations aredeemed balanced and regulated by legislation. Law is present as an intermediary(through a judicial institution) that provides justice for legal subjects who areviolated by their human rights and constitutional rights. This researchrecommends several solutive and constitutional steps as an effort to conserve legalauthority, including; the formulation of appropriate legal legislation, minimizingthe rubber article, having legal certainty, fairness, equal treatment before the law,and effective law.
STUDI KOMPARASI HUKUM POSITIF DAN HUKUM ISLAM TENTANG HAM M. Akbar
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 12 No. 1 (2018): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v12i1.133

Abstract

The 1945 Constitution stipulates that everyone is entitled to personal,family, honor, dignity and property protection under his control, and is entitled toa sense of security and protection from the threat of fear of doing or not acting inrights. Likewise, the right to decent work and livelihood, freedom of associationand assembly, the right to express opinions either by word of mouth or in writing.In the view of Islamic law a human right is a right inherent in a person since in thewomb of his mother until he died, merupkan grace given by Allah SWT. whichmust be respected and respected by every human being. In the Qur'an it ismentioned that Allah (SWT) has given the right to live to all human beings, thenin the social life is not allowed arbitrarily against others. Islam gives the right ofpeople to express opinions, but Islam gives boundaries in order to respect therights of others, where in expressing opinions there should be no intention andwords for humiliation to a person or a certain group, for the sake of mutual peace.Therefore, the way in which the implementation of human rights is done throughthe division and limitation of duties, and established forms of guarantee on therights of citizens.
STATUS HARTA BERSAMA DALAM KELUARGA MENURUT HUKUM POSITIF M. Akbar
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 9 No. 1 (2015): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v9i1.141

Abstract

Results of the study on the topic of discussion in this paper, would like tosee on the legal provisions of the property acquired and owned by a family,whether such property during the status of husband and wife within the bonds ofmarriage and the status of their property after divorce. From the research status inthe family property, known as joint property, in addition to joint property there isalso an innate property respectively, of such property acquired before theirmarriage ceremony. The legal status of the property together before they divorcedcan only be defined as confiscation only for the sake of the family, and theproperty can still be bought and sold with the permission of the Religious Court.In the case of the occurrence of divorce between spouses, the status of jointproperty under the provisions of the law should be separated between the privateproperty of each and belong together. After separation of the property, thenbelonging to the joint property, distributed to the parties, which each earn half ofthe joint property, the division either consensus or division by the local religiouscourt.
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