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Akibat Hukum yang Ditimbulkan Oleh Zihar Terhadap Perkawinan Ditinjau dari Undang-Undang dan Kompilasi Hukum Islam Dintara Lubis, Syaddan
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 10 No 1 (2023): POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v10i1.5578

a law will always be present as a guiding compass so that humans as social beings do not run away from the right path, but a law or regulation will create patterns and forms of life resulting from the impact of that law as well. This study shows directly from a legal perspective regarding the impact caused by Zihar on marriage in terms of the Law what’s more, aggregation of Islamic Regulation. The examination strategi utilized in this study is the elucidating technique, this method will show patterns of problems in society as legal subjects, which are studied through the techniques that apply in the public eye and circumstances, perspectives, sees, on going cycle, the impact of a peculiarity. With this study, the results will be obtained from research on the legal consequences caused by zihar on a marital relationship.

Analisis Yuridis Peralihan Jaminan Fidusia Kepada Pihak Ketiga Tanpa Sepengetahuan Kreditur Arya Dharma, Yafiz; Dintara Lubis, Syaddan
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 16 No 2 (2024): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v16i2.8555

This study aims to analyze the legal consequences of the transfer of fiduciary collateral to a third party without the creditor's knowledge and the debtor's responsibility for such actions. The issue arises when a fiduciary creditor executes a process that violates existing procedures and regulations by seizing the collateral without selling or auctioning it. This execution is carried out due to time and cost considerations that are disproportionate to the expected results. The research employs a normative juridical approach, reviewing literature sources, including the Civil Code and Law No. 42 of 1999 concerning Fiduciary Guarantees. The study finds that fiduciary registration is a matter of publicity, meaning that all parties are deemed to be aware of the existence of fiduciary collateral through public access. Therefore, third parties transferring fiduciary objects must examine them carefully. The debtor's responsibility for transferring fiduciary collateral without the creditor's consent involves both civil and criminal consequences. This study highlights the importance of adhering to legal procedures to protect creditor rights and ensure debtor responsibility in fiduciary transactions.

UANG SEBAGAI PENGGANTI HEWAN QURBAN: KAJIAN FIQH KONTEMPORER Dintara Lubis, Syaddan; Iqbal Irham, Muhammad; Faisal Hamdani, Muhammad
SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Vol. 4 No. 8 (2025)
Publisher : Penerbit Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sibatik.v4i8.3049

The tradition of qurban in Islam according to sharia is realized through the slaughter of livestock as a form of approaching Allah and social solidarity. However, in modern developments, a form of qurban diversion has emerged from animal slaughter to cash transfer to those in need. This study aims to analyze the phenomenon of "cash qurban" from a contemporary fiqh perspective. Through a qualitative descriptive approach with a literature study method, this study explores the views of classical and contemporary scholars regarding the validity of this form of qurban diversion in a modern context. The results of the study show that although according to sharia qurban has symbolic and ritual dimensions attached to animal slaughter, there is room for ijtihad under certain conditions. For the 19th century tafsir scholar Sheikh As-Sa'di, the purpose of qurban can be achieved by spending some of one's wealth (maal), although it still raises debate, especially regarding the essence of qurban, intention, and the sustainability of its spiritual value. This study recommends a moderate approach that considers the interests of the community, without ignoring the basic principles of qurban worship in Islam.

Pelaksanaan Parate Executie Terhadap Objek Hak Tanggungan Berdasarkan UU No.4 Tahun 1996 Tentang Hak Tanggungan Salsabila, Syakirah; Dintara Lubis, Syaddan
Jurnal Ilmu Hukum, Humaniora dan Politik Vol. 4 No. 5 (2024): (JIHHP) Jurnal Ilmu Hukum, Humaniora dan Politik (Juli - Agustus 2024)
Publisher : Dinasti Review Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jihhp.v4i5.2489

This article discusses the implementation of parate execution of Mortgage Rights based on Law No. 4 of 1996 in Indonesia. The urgency of this study lies in the importance of providing legal certainty and protection of the rights of creditors and debtors in the auction execution process, which is a primary mechanism in resolving non-performing loans. Issues raised include the potential misuse of rights by creditors, the limited space for debtors to raise objections, and the lack of stringent supervisory mechanisms in the execution auction process. To address these issues, the research method used is a case study on the execution auction of Mortgage Rights at the State Wealth and Auction Service Office (KPKNL) in Medan. This study analyzes the auction implementation procedures, document verification, auction announcements, and the auction execution itself, as well as reviewing related court decisions. The research findings indicate that the execution auction process of Mortgage Rights at KPKNL Medan has been conducted in accordance with the provisions of Law No. 4 of 1996. Open auction announcements through print and electronic media, as well as open bidding, ensure transparency and wide public participation. However, the study also found criticisms regarding the potential misuse of rights by creditors and the lack of protection for debtors. To address these issues, more detailed regulations and stricter supervisory mechanisms are recommended, including the involvement of independent supervisory bodies, to ensure fairness and transparency in the execution auction of Mortgage Rights. These findings underscore the importance of balancing the interests of creditors and debtors in the execution auction process, as well as the need to improve supervisory mechanisms to prevent potential abuse and conflicts.

Akibat Hukum yang Ditimbulkan Oleh Zihar Terhadap Perkawinan Ditinjau dari Undang-Undang dan Kompilasi Hukum Islam Dintara Lubis, Syaddan
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 10 No 1 (2023): POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v10i1.5578

a law will always be present as a guiding compass so that humans as social beings do not run away from the right path, but a law or regulation will create patterns and forms of life resulting from the impact of that law as well. This study shows directly from a legal perspective regarding the impact caused by Zihar on marriage in terms of the Law what's more, aggregation of Islamic Regulation. The examination strategi utilized in this study is the elucidating technique, this method will show patterns of problems in society as legal subjects, which are studied through the techniques that apply in the public eye and circumstances, perspectives, sees, on going cycle, the impact of a peculiarity. With this study, the results will be obtained from research on the legal consequences caused by zihar on a marital relationship.

Law Enforcement for Fraud Offenders on behalf of Banks Through Online According to Islamic Criminal Law Putra, Rabullah; Dintara Lubis, Syaddan
Journal of Law, Politic and Humanities Vol. 4 No. 3 (2024): (JLPH) Journal of Law, Politic and Humanities (March - April 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i3.354

This research aims to find out the modus operandi of criminal fraud on behalf of banks through online, to find out law enforcement for fraud perpetrators on behalf of banks through online at the North Sumatra Regional Police, and to find out the review of Islamic criminal law in fraud cases on behalf of banks through online. This research uses a qualitative empirical research strategy in the field of law. Interviews with members of the North Sumatra Regional Police became the main data source, while literature surveys of online journals, papers, and articles related to fraud legislation became secondary data. Data reduction, data presentation, and conclusion drawing are the three stages of qualitative data preparation. Article 378 of the Criminal Code can be used to regulate the crime of online fraud, according to the above study. To strengthen the legal basis, Article 28 paragraph (1) of the ITE Law can be followed. Islamic criminal law, which is based on hadith and the Quran, does not provide clear guidelines on how to deal with internet fraud involving banks. Islamic law includes general principles that should be followed, and their application depends on the interpretation of local scholars or religious authorities. In the case of online fraud on behalf of a bank, which is included in the crime of fraud, it can be subject to ta'zir punishment such as a stern warning, a material fine whose amount is adjusted to the victim's loss, imprisonment, flogging, or also exile from society for a while.

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