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All Journal As-Syar'i : Jurnal Bimbingan & Konseling Keluarga Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Zaid Alfauza Marpaung
Universitas Islam Negeri Sumatera Utara, Indonesia
Religion Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Kepastian Hukum dalam pasal 59 pada Peraturan Pemerintah Nomor 35 Tahun 2021 tentang Ketentuan Pesangon bagi Pekerja UMKM Perspektif Fiqh Siyasah Safwan Alwi Harahap; Zaid Alfauza Marpaung
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 2 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i2.6693

Abstract

This research discusses legal certainty in providing severance pay to MSME workers, in article 59 of government regulation Number 35 of 2021 states that the amount of severance pay given by MSME entrepreneurs is based on an agreement between the employer and employee, this makes the transaction appear to have no legal certainty. . This research uses a normative legal research method with a literature study approach that involves analysis of sources of Islamic law such as the Koran, Hadith and the opinions of leading scholars. The results of this research found provisions in Article 59 in government regulation Number 35 of 2021 which states that the amount of severance pay given by MSME entrepreneurs is based on an agreement between the employer and employee. However, it does not explain in detail the severance pay recommendations. This creates legal uncertainty and opens up opportunities for severance pay to be determined unilaterally by the employer. This also contradicts one of the principles of siyasa fiqh, namely the principle of justice.
Whistleblowers as Anti-Fraud in Banking Crimes from a Maslahah Perspective Zaid Alfauza Marpaung; Mhd Syahnan; Budi Sastra Panjaitan
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol. 12 No. 2 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v12i2.12422

Abstract

This research aims to examine the important role of whistleblowers in exposing banking crimes from the perspective of maslahah in Islamic law. The study employs a qualitative-normative approach using a literature review method based on positive legal regulations and scholarly works related to maslahah theory developed by maqasid scholars. The legal sources consist of primary legal materials such as the Corruption Crime Law, the Financial Services Authority, and the Law on the Protection of Witnesses and Victims, as well as secondary legal materials in the form of books, journals, and scientific articles. Since this research is normative, the main focus is on the study of positive legal norms rather than empirical field data. The analysis was conducted qualitatively through categorization and deductive reasoning. The results indicate that whistleblowers play a strategic role in detecting and exposing fraudulent practices due to their direct access to internal information that is not available to the public. The fraud in question includes various forms of legal and ethical violations that occur in the banking sector and may harm customers, financial institutions, and the overall stability of the economy. From the maslahah perspective, the existence of whistleblowers represents an effort to protect the public interest, particularly in maintaining honesty, justice, and property within the muamalah (social transaction) system. The study recommends strengthening legal protection mechanisms for whistleblowers to ensure their security and prevent potential threats, intimidation, or retaliatory actions. Furthermore, the study highlights the importance of establishing a reporting system that is both technically and institutionally secure, while also oriented toward public benefit by promoting civic participation in oversight and strengthening the effectiveness of law enforcement and transparent governance.
Co-Authors Budi Sastra Panjaitan Mhd Syahnan Safwan Alwi Harahap