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All Journal Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam Lentera:Indonesian Journal of Multidisciplinary Islamic Studies
Bawono, Royan
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Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlukah Sanksi Pidana Ekonomi Syariah di Aceh? Bawono, Royan; Dayyan, Muhammad; Faisal, Faisal
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 15 No 2 (2023): 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.v15i2.5693

Abstract

Sharia economic crimes have not been regulated in the form of legal norms that require criminal sanctions. In fact, the crime exists and often causes victims to be in debt, which leads to apostasy. This article is classified as literature research with a qualitative approach. The methodology used is the study of normative legal analysis. The results showed that a sharia economic criminal qanun is needed that regulates criminal sanctions for perpetrators of sharia economic cultivation in Aceh based on three foundations. First, the philosophical principle of economics in Aceh, which is in line with Islamic law, is the Islamic view of life of the Acehnese people, referring to the Qur'an and Hadith. Second, juridically, there is a formal legal basis for making the Aceh Qanun concerning Sharia Economic Crimes, namely Law No. 11 of 2006 concerning the Government of Aceh, Aceh Qanun No. 8 of 2014 concerning the Principles of Islamic Sharia, and Aceh Qanun No. 11 of 2018 concerning Sharia Financial Institutions. Third, sociologically, it is necessary to meet the legal needs of the community with the development of empirical facts that there are still elements of usury, gharar, and others in economic activities that disturb the people of Aceh.
Analisis Hukum Tentang Isbat Nikah Menurut KUH Perdata dan KHI Indonesia -, Rita Khairani; Bawono, Royan
Lentera: Indonesian Journal of Multidisciplinary Islamic Studies Vol 4 No 2 (2022): Lentera: Indonesian Journal of Multidisciplinary Islamic Studies
Publisher : Program Pascasarjana IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/lentera.v4i2.3960

Abstract

This study examines the legal analysis of marriage isbat according to the Civil Code, Law Number 1 of 1974 concerning Marriage and the Indonesian KHI. Based on the results of the study, it was found that marriage isbat is regulated in the Civil Code Articles 100-102. Regarding marriage isbat, the Civil Code does not provide strict limits on the elements that can be considered by the judge in determining the validity of a marriage. However, it has weaknesses, namely the disparity between the Indigenous, foreign and Chinese residents, this is what causes the absence of unification of a regulation and is the background for the birth of Law Number 1 of 1974 concerning Marriage. Law Number 1 of 1974 concerning Marriage also does not provide limitations regarding marriage events that can be requested for ratification. In contrast to the two provisions, the Compilation of Islamic Law (KHI) regulates the isbat of marriage in a strict manner by providing limitations as described in Article 7 paragraphs (1) to (4) in which a marriage can only be proven by a Marriage Certificate. A marriage cannot be proven by a marriage certificate, its marriage certificate can be submitted to the Religious Court/Syar'iyyah Court. The marriage isbat submitted is limited to five things and those who are entitled to apply for itsbat marriage are husband or wife, their children, marriage guardians and parties with an interest in the marriage.
Co-Authors -, Rita Khairani Faisal Faisal Muhammad Dayyan