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All Journal WAJAH HUKUM NALAR FIQH: Jurnal Hukum Islam
Retno Kusuma Wardani
Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Aspek Pidana dalam Undang-undang Jaminan Fidusia Menurut Hukum Pidana Islam (Analisis Putusan No. 509/Pid.Sus/2021/ PN.Jmb) Febrian Batubara; Hermanto Harun; Ahmad Nazori; Samsul Hadi J; Retno Kusuma Wardani; M. Yusuf
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 1 (2023): June 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v14i1.1348

Abstract

Islam as a religion that leads to salvation has discussed muamalah issues which are expected to be a guide for mankind. Consumer financing in installments with fiduciary agreements is currently the people's favorite. However, it causes many problems, namely criminal threats in the event of misappropriation of collateral. This study will explain the views of Islamic criminal law regarding fiduciary engagement in consumer financing and the legal sanctions regarding misappropriation of collateral in the context of Decision No. 509/Pid.Sus/2021/PN.Jmb. This type of study is normative legal research with a conceptual approach. Sources of data used were obtained from scientific journals, laws and regulations, fatwas of scholars, and books. The results of this study indicate that in this decision, the defendant was guilty of diverting fiduciary collateral items without the approval of the financing institution as the recipient of the guarantee and was sentenced to 1 year in prison and a fine of 50 million IDR and collateral items were handed over to the financing institution for execution. The analysis of Islamic criminal law in this case is that the defendant's actions are convincingly included in the “ghulul,” namely the crime act of diverting objects under his control even though the rights of other people are involved and are threatened with “ta’zir.”
Aspek Pidana dalam Undang-undang Jaminan Fidusia Menurut Hukum Pidana Islam (Analisis Putusan No. 509/Pid.Sus/2021/ PN.Jmb) Febrian Batubara; Hermanto Harun; Ahmad Nazori; Samsul Hadi J; Retno Kusuma Wardani; M. Yusuf
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 1 (2023): June 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v14i1.1348

Abstract

Islam as a religion that leads to salvation has discussed muamalah issues which are expected to be a guide for mankind. Consumer financing in installments with fiduciary agreements is currently the people's favorite. However, it causes many problems, namely criminal threats in the event of misappropriation of collateral. This study will explain the views of Islamic criminal law regarding fiduciary engagement in consumer financing and the legal sanctions regarding misappropriation of collateral in the context of Decision No. 509/Pid.Sus/2021/PN.Jmb. This type of study is normative legal research with a conceptual approach. Sources of data used were obtained from scientific journals, laws and regulations, fatwas of scholars, and books. The results of this study indicate that in this decision, the defendant was guilty of diverting fiduciary collateral items without the approval of the financing institution as the recipient of the guarantee and was sentenced to 1 year in prison and a fine of 50 million IDR and collateral items were handed over to the financing institution for execution. The analysis of Islamic criminal law in this case is that the defendant's actions are convincingly included in the “ghulul,” namely the crime act of diverting objects under his control even though the rights of other people are involved and are threatened with “ta’zir.”
Digitalisasi Eksekusi Nafkah Pasca Perceraian: Pembaruan Hukum Keluarga Islam di Indonesia Menyongsong Era Revolusi Industri 5.0 Setly Selva Yuneida; Nayu Triska Wulan Dari; Retno Kusuma Wardani
Wajah Hukum Vol 10, No 2 (2026): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v10i2.2213

Abstract

The neglect of post-divorce maintenance fulfillment (iddah maintenance, mut'ah, and child support) is a classic issue in Islamic Family Law in Indonesia that persists into the digital era. Although courts hand down verdicts, their execution frequently fails due to the absence of an effective enforcement mechanism. This article aims to analyze the urgency and legal formulation of integrating a maintenance guarantee system through e-Court, which is interconnected with a banking Automatic Deduction System (ADS) and population data. The research method employed is normative-juridical with statutory, conceptual, and comparative legal approaches. The findings indicate that the stagnation of maintenance execution is caused by regulatory loopholes within regulations that are unresponsive to family law cases. Therefore, a legal reform is required through the integration of an inter-institutional digital system that automatically binds the former husband's financial assets to guarantee the welfare (maslahah) of the child and the ex-wife.
Co-Authors Ahmad Nazori Febrian Batubara Hermanto Harun M. Yusuf Nayu Triska Wulan Dari Samsul Hadi J Setly Selva Yuneida