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Faktor-faktor yang Mempengaruhi Penyerapan Hukum Islam dalam Perundang-Undangan Pada Era Orde Baru (1965 s/d 1998) Roszi, Jurna Petri
FOKUS Jurnal Kajian Keislaman dan Kemasyarakatan Vol 2, No 2 (2017)
Publisher : STAIN Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jf.v2i2.285

The Soeharto government became an interesting theme for nearly every research because of uniqueness of the rule known as the authoritarian nature. However, the uniqueness is only studied until the result of the authoritarian who has raised the anxiety of almost all the people and eventually led to the cessation of Soeharto as head of the State Indonesia. Judging from the perspective of law, the political transition of the period not only political influence, but also influenced the formation of law. This research will discuss about factors influencing absorption of Islamic Law into legislation. In the Order Baru era efforts to ground Islamic law into legislation experienced a variety of responses, both from among Muslims and non-Muslims. Factors affecting the absorption of Islamic law in Indonesia can not be separated from the perennial struggles and tensions in positioning religious relations (sharia) and the state, between the secularization project and the Islamization of the state and society. This tension occurs in two different important settings. First, the level of scholastic or theoretical-idealistic. Second, the realistic-politic or ideological-empirical level. The debate within the ideological framework has implications for the legal sphere debate. The same complexity is also encountered in internal Muslims because the meaning of sharia itself has its own problems. Where the mazhab of thought and Islamic legal system is not single. The findings of this research is the development of Islamic law in the Order Baru era seen from the legal products that serve as case studies in this study such as UU no. 1 year 1974 about Marriage born at the time of Indonesian political configuration is in otteriter political configuration, but the character of Islamic law product that produced is responsive. Likewise law products UU no. 7 of 1989 on Religious Courts, from the perspective of the formation of a law of responsive character because it is accommodative to Religious Courts institution which is an important part in institutional Islamic law in Indonesia, although UU no. 7 Year 1989 was born when the authoritarian political configuration and in terms of implementation of legal material is conservative. This is seen from the low attention of the political elite to realize the UUPA and even the existence of the institution has existed long before the formal law. In addition, the birth of UUPA is late compared to other judicial laws. Furthermore, the same thing happened to the Compilation of Islamic Law, the Order Baru governments configuration is still considered undemocratic. But in terms of content fully contains the provisions raised from the books of Islamic jurisprudence fiqh containing aspects of marriage, inheritance and perwakafan law. Keywords: Islamic Law, Order Baru, Legislation

Fungsi Hukum Keluarga Ditinjau dari Maqasid Syari'ah Roszi, Jurna Petri
Ijtihad Vol 31, No 2 (2015)
Publisher : Universitas Islam Negeri Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/ijt.v31i2.60

Maqasid syari'ah merupakan sebuah bahasan yang sekarang ini menjadi topik kajian keilmuan yang hangat untuk dibincangkan. Maqasid syariah merupakan ilmu yang lahir dari kajian ushul fiqh dalam melakukan istinbath hukum. Maqasid syariah merupakan kehendak Allah (tujuan hukum) berupa dalil-dalil al-Quran dan sunnah Rasul SAW. Maqasid syariah terdiri dari dua kata yaitu maqasid dan syari'ah. Maqasid berarti kesengajaan atau tujuan. Maqasid merupakan jama' dari maqsud yang berasal dari suku kata qhasada yang berarti menghendaki atau memaksudkan. Sedangkan syari'ah secara bahasa berarti sumber. Dalam periode awal, syari'ah merupakan al-nusus almuqaddasah dari al-Quran dan sunnah yang sama sekali belum dicampuri oleh pikiran manusia. Dalam wujud seperti ini, syariah disebut juga al-tariqah al-mustaqimah. Pengetahun mengenai maqasid syariah menadi penting tidak hanya bagi ahli fiqh, tapi juga bagi seluruh kalangan baik pelajar, hakim, maupun orang awam. Mengetahui maqasid syari'ah bagi masing- masing kalangan menjadikannya lebih baik dalam melaksanakan syariat Allah. Maqasid syari'ah juga meliputi seluruh aspek kehidupan manusia, termasuk ke dalam hukum keluarga.

Faktor-faktor yang Mempengaruhi Penyerapan Hukum Islam dalam Perundang-Undangan Pada Era Orde Baru (1965 s/d 1998) Jurna Petri Roszi
FOKUS Jurnal Kajian Keislaman dan Kemasyarakatan Vol 2, No 2 (2017)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jf.v2i2.285

The Soeharto government became an interesting theme for nearly every research because of uniqueness of the rule known as the authoritarian nature. However, the uniqueness is only studied until the result of the authoritarian who has raised the anxiety of almost all the people and eventually led to the cessation of Soeharto as head of the State Indonesia. Judging from the perspective of law, the political transition of the period not only political influence, but also influenced the formation of law. This research will discuss about factors influencing absorption of Islamic Law into legislation. In the Order Baru era efforts to ground Islamic law into legislation experienced a variety of responses, both from among Muslims and non-Muslims. Factors affecting the absorption of Islamic law in Indonesia can not be separated from the perennial struggles and tensions in positioning religious relations (shari'a) and the state, between the secularization project and the Islamization of the state and society. This tension occurs in two different important settings. First, the level of scholastic or theoretical-idealistic. Second, the realistic-politic or ideological-empirical level. The debate within the ideological framework has implications for the legal sphere debate. The same complexity is also encountered in internal Muslims because the meaning of sharia itself has its own problems. Where the mazhab of thought and Islamic legal system is not single. The findings of this research is the development of Islamic law in the Order Baru era seen from the legal products that serve as case studies in this study such as UU no. 1 year 1974 about Marriage born at the time of Indonesian political configuration is in otteriter political configuration, but the character of Islamic law product that produced is responsive. Likewise law products UU no. 7 of 1989 on Religious Courts, from the perspective of the formation of a law of responsive character because it is accommodative to Religious Courts institution which is an important part in institutional Islamic law in Indonesia, although UU no. 7 Year 1989 was born when the authoritarian political configuration and in terms of implementation of legal material is conservative. This is seen from the low attention of the political elite to realize the UUPA and even the existence of the institution has existed long before the formal law. In addition, the birth of UUPA is late compared to other judicial laws. Furthermore, the same thing happened to the Compilation of Islamic Law, the Order Baru government's configuration is still considered undemocratic. But in terms of content fully contains the provisions raised from the books of Islamic jurisprudence fiqh containing aspects of marriage, inheritance and perwakafan law. Keywords: Islamic Law, Order Baru, Legislation

PENGARUH TANGGUNGJAWAB RUMAH TANGGA MAHASISWA MENIKAH TERHADAP PRESTASI AKADEMIK (Studi Kasus Pada Sekolah Tinggi Agama Islam MA Bayang) Jurna Petri Roszi; Zidni ‘Ilman Nafi’an; Hamda Sulfinadia
Jurnal AL-AHKAM Vol 12, No 2 (2021)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/alahkam.v12i2.3608

This study aims to analyze the effect of household responsibilities from the perspective of personality, motivation, cognition and work responsibility on the academic achievement of married students at the MA Bayang Islamic High School. This research approach is quantitative research with survey method and cross sectional design. The research population is all married students who are registered as active students of the 2018 Islamic High School MA Bayang. Samples were taken by accidental sampling technique as many as 40 people. The research instrument used observation sheets, questionnaires, interviews and documentation. The author's data collection techniques use observation, questionnaires, and documentation. While the data analysis technique the author presents in the form of data tabulation techniques and processed with SPSS version 16 computational techniques, then the data that has been processed is interpreted and analyzed. Questionnaire data was analyzed using the percentage equation to calculate the Total Respondent Achievement (TCR), while the inferential data was calculated using Multiple Linear Regression. From the results of the study, it was found that the personality/attitude of married students in household responsibilities had an average index of 3.24 and the level of achievement of respondents was 64.8% with a good enough category, a significant effect on academic achievement of 0.032, while motivation (college support from partners in household) the average index is 3.22 and the level of achievement of respondents is 64.3% with a fairly good category, it does not significantly affect academic achievement where the value of b is -0.013, and cognition of household students with an average index of 3.21 with the level of achievement of respondents 64.3%, has a significant effect on academic achievement, where the value of b is 0.025.

Problematika Penerapan Sanksi Pidana dalam Perkawinan Terhadap Poligami Ilegal Jurna Petri Roszi
AL-ISTINBATH : Jurnal Hukum Islam Vol 3, No 1 June (2018)
Publisher : Institut Agama Islam Negeri Curup

This article aims to describe the problems of the application of criminal sanctions against polygamy committed illegally in the middle of society. Regardless of the controversy of agreeing and disagreeing, the issue of polygamy is a reality that occurs in society. The purpose of polygamy is the same as the purpose of marriage itself, that is worship. However, when the issue of marriage, that in is fact private law, violates the provisions, then the perpetrators may be subjected to criminal sanctions. Criminal sanctions imposed on illegal polygamists are very diverse. This is supported by the attitude of government's ambiguity in viewing illegal polygamy. The Government's doubt and uncertainty in viewing the illegal act of polygamy has implications for the inherent criminal sanctions against the act, strangely the criminal sanction inherent in the law depends on the degree to which the regulations are looked at. This research uses normative law research method whith normative juridical approach. The results of illegal polygamy research is not seen as overspel acts that can be threatened with criminal provisions Article 284 of the Criminal Code because the element of overspel is not the same as polygamy. Polygamy remains a legitimate marriage as the norms contained in the Law No.1 of 1974 onmarriage.Nevertheless the marriage of polygamy must still fulfill the terms and conditions as determined by the Law No.1 of 1974.

TIPOLOGI PRILAKU KEAGAMAAN SISWA DAN KEMAMPUAN KOGNITIF PADA PEMBELAJARAN PENDIDIKAN AGAMA ISLAM DI MTS. BATANG KABUNG KOTA PADANG Jurna Petri Roszi
El-Rusyd Vol. 3 No. 2 (2018): Desember
Publisher : Sekolah Tinggi Ilmu Tarbiyah (STIIT) Ahlussunnah Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (428.423 KB)

Penelitian ini bertujuan menggambarkan tipologi perilaku keagamaan siswa dan melihat hubungan tipologi perilaku tersebut dengan kemampaun kognitif anak dalam memahami dan mengamalkan pembelajaran agama islam membentuk perilaku akhlakul karimah di MTs. Batang Kabung Kota Padang. Metode penelitian ini adalah quantitative research, dengan meneliti siswa MTs Kelas VIIIA Batang Kabung sebanyak 21 orang. Instrumen penelitian menggunakan lembaran observasi, angket dan skala pengukuran perilaku keberagamaan, open-ended interview dan dokumentasi. Analisa data menggunakan persentase yang dihitung secara manual dengan menggunakan analisis deskriptif kuantitatif untuk menentukan typologi prilaku keagamaan siswa MTs Batang Kabung Kota Padang. Hasil penelitian menunjukkan bahwa kemampuan kognitif pada pembelajaran Pendidikan Agama Islam (aqidah akhlak, Qur’an hadist dan fiqih) di MTs Batang Kabung Kota Padang menyatakan bahwa dari 21 siswa kelas VIIIA sebanyak (61,9%) memiliki hasil belajar pada kategori tinggi, dan sebanyak 38,1%) memiliki nilai hasil belajar pada kategori rendah. Pada prilaku keagamaan siswa pada pembelajaran pendidikan agama Islam sebanyak 17 orang (81,0 %) yang memiliki prilaku sosial, dan sebanyak 4 orang (19,0 %) yang memiliki prilaku tidak sosial. Sedangkan tipologi kemampuan kognitif dan prilaku Keagamaan sebanyak 11 orang (52,4%) yang tergolong kategori Recesonable Cooperative (dibentuk berdasarkan ilmu), sebanyak 6 orang responden 28,6%) yang tergolong kategori toresenable cooperative (dibentuk oleh lingkungan yang baik), sebanyak 2 orang (9,5%) yang tergolong kategori untoresecenable cooperative (dibentuk oleh lingkungan tidak baik), dan sebanyak 2 orang (9,5%) yang tergolong extreme uncooperative (lingkungan dan kemampuan tidak mendukung).

DINAMIKA KHULUK PERSPEKTIF FIQH DAN PUTUSAN PENGADILAN AGAMA Jurna Petri Roszi; Hamda Sulfinadia; Eli Suryani; Elkhairati Elkhairati; Zidni ‘Ilman Nafi’an
Jurnal AL-AHKAM Vol 13, No 1 (2022)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/alahkam.v13i1.4438

This paper discusses the dynamics of khuluk according to fiqh and its implementation in the Religious Courts. Khuluk according to fiqh is a divorce pronounced by a husband with an agreement to pay / iwadh from his wife to her husband due to fears that the wife is unable to carry out the laws of Allah SWT. These concerns can be in the form of the wife not being able to love her husband or the inability of the wife to carry out her obligations as a wife. Meanwhile, khuluk in the Religious Courts is a divorce lawsuit filed by the wife or her legal representative because the husband violates Article 116 of the Compilation of Islamic Law as the reason for the divorce or the husband fulfills the shigat talik talak. This research is a normative-empirical legal research, namely research conducted by examining written regulations and their aspects. This research uses a legislative approach, a conceptual approach, and a comparative approach. The results of this study explain that the divorce lawsuit contained in fiqh, the Compilation of Islamic Law is different from the review of divorce claims with the Marriage Law and PP 9/1975.

Shifting Cafe and Culinary Marketing Strategy in West Sumatra Islamic Business Ethics Perspective Hamda Sulfinadia; Eli Suryani; Jurna Petri Roszi; Elkhairati Elkhairati; Abrian Tanjung
AL-FALAH : Journal of Islamic Economics Vol 7, No 2 (2022)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/alfalah.v7i2.4445

Purpose: This paper is to find out the shift in the marketing strategy of cafes and culinary delights in West Sumatra from the perspective of Islamic business ethics. Basically the naming of cafes and culinary in this area uses the names of people, names of plants, describes the comfort of a place, and uses Arabic terms. However, since 2018 the naming of cafes and culinary delights has instead used terms that are unusual and tend to be scary, such as Mie Hell, Mie Power Hell, Mie Lightning, Mie Judes Neraka and the like. It turns out that these cafes and culinary delights are in demand by young people, so they are booming. This gives the impression that hell and lightning becomes the menu of food consumed. However, the behavior of traders has been regulated in Islam which is summarized in Islamic business ethics which includes monotheism, justice, balance, responsibility and freedom.Design/Method/Approach: This study uses a qualitative method with a descriptive analysis approach. This method is used to describe the shift in the marketing strategy of cafes and culinary that has a negative nuance in West Sumatra. The data sources come from culinary producers, consumers, and the management of the MUI West Sumatra. Data processing is done by code data, tell data, identify data and generalize data. All data obtained by using triangulation with data sources. The next step is to analyze the naming of cafes and culinary that are not common in West Sumatra by using the theory of Islamic business ethics and the results of the West Sumatra MUI Coordination Meeting, so as to obtain conclusions.Findings: First, the factors that cause West Sumatran cafe and culinary owners to choose unusual names are: 1. Showing product characteristics, spicy flavors are displayed with scary and unusual names; 2. Tight business competition triggers culinary owners to be creative by giving unique and unusual names; 3. Unique and unusual names in cafes and culinary delights make consumers curious, then visit and buy their products. Second, the perception of consumers and the people of West Sumatra on the unusual naming of cafes and culinary delights can be divided into 3, namely agree, disagree, disagree and uncomfortable with the unusual naming of cafes and culinary, and the name must be exchanged with another name that is more Third, a review of Islamic business ethics on naming cafes and culinary delights that choose names that are not common in West Sumatra can be divided into 2 groups: 1) The terms used are clearly contrary to the Shari'ah, namely hell, devil, devil, dajal; 2) Naming cafes and restaurants that use names related to ethical violations such as: Mie Padeh Maut, Mie Baro, Mie Caruik, Bakso Pentol Maut, Mie Pedas Maut, Spicy Sopan'Stek, Mie Padeh Gilo, Mie Pelakor, Mie Padeh Gilo, Mie Judes, Lightning Noodles, and the like. Mie Tapakiek, and the like. Islamic business ethics that are violated are the principles of monotheism, justice, balance in the world and the hereafter and the principle of accountability.Originality/Values: The main research contribution is related to the marketing strategy of cafes and culinary arts using unusual names in West Sumatra.

The Resilience of Ungku Kali Practices as Marriage Guardian in Kurai Taji, Padang Pariaman Regency Maslahah Perspective Ali Ibrahim; Hamda Sulfinadia; Ikhwan Ikhwan; Jurna Petri Roszi
Jurnal Ilmiah Al-Syir'ah Vol 21, No 1 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i1.2285

This paper focuses on the resilience of Ungku Kali's practice as a marriage guardian or transfer of lineage guardian to Ungku Kali. The Ungku Kali referred to in this study, is someone appointed by both husband-and-wife candidates to carry out the marriage and acts as a marriage guardian. The research questions from this paper are, first, what is the position and practice of Ungku Kali as a marriage guardian in Kurai Taji, Padang Pariaman Regency? Second, why does Ungku Kali’s practice as a marriage guardian persist today? The primary data of this study came from interviews with thirteen informants, consisting of six couples getting married, three Ungku Kali people, and four local people. After collecting the data, they were classified according to the existing themes and analyzed with the resilience theory. The study results found that Ungku Kali's position in Kurai Taji is as a trustee in the religious field or a respected Nagari cleric in society. As for the Ungku Kali practice using the facilities of the Surau Korong Lubuk Ipuh as a place of practice assisted by Apak Labai as the marbot at the Surau Korong Lubuk Ipuh, all the requirements are conveyed by this Apak Labai. Second, the reason for the resilience of the Ungku Kali practice until now is due to the resilience of culture, the resilience of economic factors, the resilience of the need factor, and the resilience of social factors; both Ungku Kali service users and Ungku Kali itself.

Moderation of Madhhabs in West Sumatra Towards Hadhanah of Minors Whose Mothers Remarry Sulfinadia, Hamda; Roszi, Jurna Petri
El-Usrah: Jurnal Hukum Keluarga Vol 7, No 2 (2024): EL-USRAH: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v7i2.23941

This study examines the implementation of the fiqh madhhab of West Sumatran society regarding the hadhanah rights of minors whose mothers remarry. The study aimed to map the moderation of the West Sumatran madhhab of society, known as the Shafi'i madhhab. This research uses qualitative methods with a sociological approach to law. Seventeen cases were found in 3 research locations: Pariaman, Luhak Agam, and Luhak Fifty Cities. The location was chosen because it is an area with a higher level of moderation than other regions in West Sumatra. The location of this study was determined using a purposive random sample technique. In the people of West Sumatra, the right of hadhanah remains with the mother, even if the mother remarries. This opinion is in harmony with that of the Maliki Madhhab. The matrilineal kinship system in Minangkabau also supports this: the child belongs to the mother and her family. When the mother's father is divorced, the child follows his mother. However, in 3 cases, it was found that the father took away the rights of a minor whose mother remarried. Basically, the people of West Sumatra have practiced the moderation of mazhab. This is evident from their practice, where they indirectly practice the diversity of mazhab opinions in the case of hadhanah of minors whose mothers remarry.

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