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Analysis of the Issuance of Land Use Rights in the Name of the Medan City Government from a Fiqh Siyasah Perspective (Study of Decision Number 296/G/2019/PTUN.Medan) Parinduri, Muhammad Rafli; Permata, Cahaya
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1394

Abstract

This study aims to analyze the issuance of land use rights by the Medan City Government from the perspective of Fiqh Siyasah, focusing on Decision Number 296/G/2019/PTUN.Medan. The problem in this case began with the issuance of Certificate of Use Rights Number 01653/Kesawan Village dated March 14, 2018 with a measurement letter Number 00194/Kesawan/2018 covering an area of 1,752 m² in the name of the Medan City Government. The issuance of the certificate was then challenged to the Medan PTUN by the Plaintiff who is the heir of Dalip Singh Bath, who claims to be the legal owner of the land and buildings that are the object of the case. The Plaintiff feels legally and administratively disadvantaged by this action because the issuance of the right of use was carried out without involving or paying attention to existing inheritance rights. This research is a normative legal research with a statute, conceptual, and judicial case study approach. Data were collected through literature studies and analyzed qualitatively. The research results show that the issuance of land use rights by the Medan City Government has led to ownership conflicts with heirs. From a Fiqh Siyasah perspective, government actions should prioritize justice, public interest, deliberation, and the protection of property rights. This study emphasizes the importance of synchronizing positive law with sharia principles in land management by local governments
Implementasi Undang-Undang Nomor 33 Tahun 2014 Tentang Jaminan Produk Halal di Rumah Potong Hewan Ruminansia Kecamatan Medan Deli Syahputra, Teddy; Permata, Cahaya
Borneo : Journal of Islamic Studies Vol. 6 No. 1 (2025): BORNEO: Journal of Islamic Studies
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/borneo.v6i1.4317

Abstract

A Ruminant Slaughterhouse is a facility for slaughtering animals to ensure that the meat distributed meets halal requirements. Halal certification ensures that animals are slaughtered by halal butchers in accordance with Islamic law. Therefore, to guarantee the halalness of the slaughtering process and the resulting products, slaughterhouses are required to obtain halal certification. This study aims to examine the implementation of Law Number 33 of 2014 on Halal Product Assurance at Ruminant Slaughterhouses in Medan Deli District. The research method used is empirical juridical, with data collection techniques including observation, interviews, and document studies. The research results indicate that the Halal Product Assurance Law has been implemented at Ruminant Slaughterhouses in Medan Deli District. This implementation is evidenced by the possession of halal certification and Juleha (Halal Butcher) certification issued by LPPOM MUI North Sumatra. However, the lack of transparency in the slaughtering process has led to public doubts regarding the halalness of both the slaughtering process and the resulting animal products. Therefore, increased transparency and supervision are needed to ensure that the implementation of the Halal Product Assurance Law can be carried out comprehensively and gain public trust.
Pemasaran Secara Digital Virgin Coconut Oil Sebagai Minyak Berkhasiat Obat di Desa Tanah Timbul Permata, Cahaya; Hasibuan, Muhammad Rifky Azhar; Hidayah, Muhammad Hafiz Fajar; Al-Rasyid, Harun; Afifah, Nabila Yun; Arnita, Lisna
Journal Of Human And Education (JAHE) Vol. 4 No. 5 (2024): Journal of Human And Education (JAHE)
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/jh.v4i5.1617

Abstract

Desa Tanah Timbul memiliki potensi besar dalam produksi Virgin Coconut Oil, yang dihasilkan oleh salah satu UMKM setempat. Meskipun kualitas VCO yang dihasilkan sangat baik, produk ini belum dipasarkan secara luas karena keterbatasan dalam strategi pemasaran. Penelitian ini bertujuan untuk meningkatkan kemampuan pelaku UMKM dalam memasarkan produk VCO melalui pemanfaatan digital marketing. Penelitian ini menggunakan metode Community Based Research melalui pelatihan pemasaran digital yang melibatkan media sosial dan e-commerce, pelaku UMKM diperkenalkan dengan teknik pemasaran modern, termasuk pembuatan konten visual, penggunaan media sosial, dan pengelolaan toko online. Hasil pelatihan menunjukkan peningkatan kemampuan peserta dalam memasarkan produk secara mandiri, yang berdampak pada peningkatan penjualan dan perluasan jangkauan pasar. Dengan memanfaatkan platform digital, produk VCO dari Desa Tanah Timbul kini dapat diakses oleh konsumen yang lebih luas, meningkatkan potensi pertumbuhan ekonomi desa.
Pengaturan Jual Beli Sex Toys di Marketplace Perspektif Sadd Adz-Dzariah Ningrum Nasution, Mayang Sekar; Permata, Cahaya
Jurnal Ilmu Hukum, Humaniora dan Politik Vol. 4 No. 3 (2024): (JIHHP) Jurnal Ilmu Hukum, Humaniora dan Politik (Maret - April 2024)
Publisher : Dinasti Review Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jihhp.v4i3.1883

Abstract

Sex toys on the Shopee marketplace are traded freely. Even though sex toys are not products that should be accessible to all audiences. So the aim of this research is to find out how the practice of buying and selling sex toys in the marketplace is, to find out the regulations for buying and selling in the marketplace, and to find out how the buying and selling of sex toys in the marketplace is regulated from a sadd ad?-d?ar?'ah perspective. This type of research is normative juridical with a conceptual approach and a statute approach. Data was collected through document study and analyzed descriptively. The results of this research show that the marketing and offering of sex toys on the Shopee marketplace is very free. There is no age limit and no special qualifications that regulate it. This has a negative impact on children, because it provides an avenue for promiscuity. Apart from that, sex toys are also a means for someone to carry out intimate acts which are prohibited by Islam. So, to prevent this act, there should be regulations that prohibit the free distribution of sex toys.
Penyelesaian Sengketa Pengembalian Dana Haji Perspektif Fatwa DSN-MUI Nomor: 29/DSN-MUI/VI/2002 (Studi Putusan Nomor: 2346/Pdt.G/2021/PA.Mdn) Rizki, Sri; Permata, Cahaya
Reslaj: Religion Education Social Laa Roiba Journal Vol. 6 No. 4 (2024): Reslaj: Religion Education Social Laa Roiba Journal
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/reslaj.v6i4.1158

Abstract

Hajj bailout funds gave birth to various polemics, one of which is the return of Hajj funds in the event of Hajj cancellation as in case decision number: 2346/Pdt.G/2021/PA.Mdn. This research aims to find out the judge's legal basis in resolving the refund of Hajj funds and how the decision is reviewed from the DSN-MUI fatwa No: 29/DSN-MUI/VI/2002. This type of research is normative juridical with a statute approach and judicial case studies approach. The results showed that the legal basis of the judge in resolving this case was based on the Civil Code and the main consideration of the judge was the contract, according to the researcher the judge should not only consider the contract but other regulations related to the collection of ujrah in financing Hajj bailout funds such as the DSN-MUI fatwa No: 29/DSN-MUI/VI/2002. Dispute resolution carried out by the plaintiff through the religious court is in accordance with DSN-MUI fatwa No: 29/DSN-MUI/VI/2002 because in dispute resolution through a sharia arbitration body it must be agreed by the parties in writing, but in this decision the parties did not include it in the contract.
Hukum Pembayaran Uang Charge Sewa Mobil Perspektif Fatwa DSN MUI Nomor 112/DSN-MUI/IX/2017 Tentang Akad Ijarah Riska, Yosanda Faniya; Permata, Cahaya
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 4 No. 2 (2022)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i2.2052

Abstract

There are many problems in car rental services, one of the problems is excess rental time which eventually causes additional fees or charges. The purpose of this study is to find out how the agreement is between the tenant and the lessor and how the law does not pay the Charges from the perspective of the Fatwa of the National Syari'ah Council Number 112/DSN MUI/IX/2017 Concerning Ijarah Contracts. The research method used is empirical legal research. The results of the study show that the law of payment of Charges on car rental overtime due to car damage from the perspective of the Fatwa of the National Syari'ah Council Number 112/DSN-MUI/IX/2017 concerning Ijarah Contracts is mandatory because it has been agreed upon in the contract according to the fatwa regarding Ijarah. So that the obligation to pay Charge money is a form of agreement in the agreed contract related to excess time.
Analisis Hukum Terhadap Klausula Eksonerasi pada Nota Laundry di Kecamatan Padang Hilir, Kota Tebing Tinggi Perspektif Wahbah Az-Zuhaili Siregar, Wilma Putri Handayani; Permata, Cahaya
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2446

Abstract

Business actors in Padang Hilir Subdistrict, Tebing Tinggi City make exoneration clauses to release responsibility for damage and loss experienced by consumers. The consumer protection law stipulates that business actors may not include exoneration clauses in offering goods and/or services intended for trade. The purpose of this study is to find out what the factors causing the use of exoneration clauses in laundry notes, how the regulation of exoneration clauses according to legislation, and how the responsibility for using exoneration clauses by business actors in Padang Hilir District, Tebing Tinggi City from the perspective of Wahbah Az-Zuhaili. This type of research is empirical juridical with a living case studies approach, statute approach, and conceptual approach. The results showed that the liability of business actors using an exoneration clause on laundry notes is inappropriate, while according to Wahbah Az-Zuhaili business actors must be responsible for damage and loss experienced by consumers. In conclusion, the exoneration clause based on Wahbah Az-Zuhaili's opinion cannot be used to release responsibility. If anyone makes such a clause, it is null and void
Tanggung Jawab Pelaku Usaha Batu Bata Terhadap Perbaikan Lingkungan Hidup Perspektif Fatwa MUI No. 22 Tahun 2011 (Studi Desa Jambur Padang Matinggi Kabupaten Mandailing Natal) Indah, Khofifah; Permata, Cahaya
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.992

Abstract

The majority of residents of Jambur Padang Matinggi Village are brick-making businesses, which are one of the main building materials. Making bricks requires clay taken from hilly land by digging. Excessive digging of clay certainly has a detrimental impact on the environment, so the aim of this research is to determine the impact and damage to the environment caused by the brick business, and how to be responsible for it. environmental improvements due to land excavation. This type of research is empirical juridical with a living case studies approach and a conceptual approach. Data was collected using interviews, observation and document study methods. Then the data is processed and analyzed using qualitative methods. The results of this research show that land excavation in Jambur Padang Matinggi Village has caused environmental damage, such as damage to the quality and quantity of soil, the number of excavated holes, decreased water quality and air pollution, which can result in natural disasters, especially floods and landslides. Based on the MUI Fatwa, business actors are obliged to be responsible for carrying out environmental improvements at the site of excavated land.
Kewajiban Pembayaran Royalti atas Cover Lagu Perspektif Fatwa DSN Nomor 1 Tahun 2003 Tentang Hak Cipta (Studi Kasus YouTuber di Kota Medan) Husna, Shofia; Permata, Cahaya
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1657

Abstract

A song cover is the activity of repeatedly singing another person's song and then releasing it as a new recording. YouTube monetization means that many people often cover other people's songs to increase viewers and subscribers, so many people cover other people's songs to get monetization or income from YouTube. The purpose of this research is to find out the reasons why YouTubers in the city of Medan cover songs, to find out the law on royalty payments for the act of covering songs based on DSN Fatwa Number 1 of 2003 concerning Copyright, and the implementation of regulations on the obligation to pay royalties for song covers on YouTube media by YouTubers in Medan city. The research method used is empirical juridical research using a statutory approach and case studies. This research is a descriptive analysis. Data was collected through observation, interviews, and document study. The results of this research show that the reasons why YouTubers in the city of Medan cover songs are varied, namely for commercial and non-commercial purposes. The obligation to pay royalties for song covers is based on DSN Fatwa No. 1 of 2003 concerning Copyright, it is said to be a violation if you perform, reproduce, record, distribute, or publish a song belonging to another person, especially for commercial purposes. However, if it does not have a commercial purpose and you have asked permission first from the copyright holder and include the name of the original owner, then the cover of the song is permitted and you are not required to pay royalties.
CONSUMER PROTECTION IN BEACH TOURISM OBJECTS FROM THE PERSPECTIVE OF MAQASHID SHARIA (STUDY IN THE SUB-DISTRICT OF MIRROR BEACH, SERDANG BEDAGAI DISTRICT) Trihafsari, Wiwik; Permata, Cahaya
istinbath Vol. 23 No. 1 (2024): June 2024
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i1.746

Abstract

Activities in tourist attractions pose a risk of danger for tourists, which can impact safety and security, including beach tourism. It must be backed by infrastructure that promotes safety and security in these tourist locations to reduce current risks. Visitors' rights to safety, security, and clear information are guaranteed by Law No. 8 of 1999 on consumer protection and Law No. 10 of 2009 on tourism, specifically Article 20. This study aims to investigate how the Pantai Cermin District's beach attractions' facilities, their consumer protection policies, and the notion of consumer protection as seen through the lens of Maqashid Sharia. This study employs a conceptual framework, a statute-based methodology, and an empirical case-study approach to the law. The results of this study indicate that the facilities at beach attractions in Pantai Cermin Subdistrict still need to fulfil safety and security aspects, such as the unavailability of health clinics, watchtowers, and luggage storage for tourists. In the perspective of maqashid sharia, consumer protection of security and safety in beach tourism is the application of the principles of Hifz al-Nafs (protecting the soul) and Hifz al-Mal (protecting property), so beach tourism managers must provide security, health, and safety facilities for beach visitors.