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All Journal NALAR FIQH: Jurnal Hukum Islam
Hermanto Harun
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.”
Praktik Perceraian di bawah Tangan Masyarakat Desa Palipan Kecamatan Sungai Manau Kabupaten Merangin Ditinjau dari Undang-undang Perkawinan No. 1 Tahun 1974 Dewi Patimah; Hermanto Harun; D.I. Ansusa Putra
NALAR FIQH: Jurnal Hukum Islam Vol. 13 No. 2 (2022): December 2022
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.v13i2.1433

Abstract

This paper aims to determine the practice of divorce among the Palipan village community, Sungai Manau District, Merangin Regency, and also to find out how unregistered divorce according to Marriage Law No. 1 of 1974. This type of research is field research, namely research conducted directly to the field in order to obtain complete and valid data. Data collection techniques are interviews and documentation. The research methodology used is a qualitative research methodology and the approach that the authors use in this study uses a normative and comparative approach. Data collection in this study was carried out using observation, interview and documentation techniques. The results of this study indicate that the practice of divorce under the hands of the Palipan village community, Sungai Manau sub-district, Merangin Regency is the practice of divorce being carried out at home and attended by witnesses from both men and women. Factors that cause unregistered divorce of the Palipan village community are religious factors and customary factors, the divorce process is easy, fast and does not cost money, court location factors, lack of information, economic consequences, factors not compatible with family and personal problem factors. which must be covered. The implementation of the practice of unregistered divorce of the Palipan village community in the legal context of Law No. 1 of 1974 is considered illegal because it is not in accordance with the provisions of divorce stipulated in the Marriage Law No. 1 of 1974 article 39 paragraph 1.
Co-Authors Ahmad Nazori Dewi Patimah Febrian Batubara M. Yusuf Putra, D I Ansusa Retno Kusuma Wardani Samsul Hadi J