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All Journal SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL JUDGE: Jurnal Hukum
Sebayang, Muhammad Alfalah
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Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Cancellation of Grants Transferred In The Form Of Inheritance Through The Supreme Court Decision Sebayang, Muhammad Alfalah; Harahap, Mhd. Yadi
Judge : Jurnal Hukum Vol. 5 No. 02 (2024): Judge : Jurnal Hukum
Publisher : Cattleya Darmaya Fortuna

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54209/judge.v5i02.560

Abstract

Research activities must have clear objectives to achieve. Research objectives show the quality and value of research. The objectives to be achieved in this research are to analyze the judge's considerations in deciding the grant cancellation case and to explain the judge's considerations in canceling the first decision after it was ratified AS well AS regarding the authority of the Court in adjudicating disputes over the withdrawal of grants transferred in the form of inheritance. This research has positive legal implications for efforts to realize the rights that should be given to grantees and families of grantees who have been transferred in the form of inheritance. This qualitative research was conducted by collecting, analyzing and interpreting narratives into visual data to obtain a complete, comprehensive and holistic understanding of the phenomenon of adjudicating grant disputes. The results of this study reveal that the urgency of studying Islamic fiqh and the two sets of KHI article 212 and KHES articles 719 and 728 are to become more familiar in resolving sharia economic disputes such as AS the withdrawal of grant assets. And so that both can be used AS guidelines, not just one of them, so that they can be collaborated and do not conflict with fiqh rules. The results of this study are expected to contribute ideas for the development of legal science in Indonesia and especially civil law, especially regarding cases of settlement of grant withdrawals in court.
Symbolic Interactionism The Impact of the Advertisement "Not Smoking is Not Handsome" in the Youth Hangout Sebayang, Muhammad Alfalah; Saragih, Jainul Ilham; Lubis, Fauziah
Judge : Jurnal Hukum Vol. 5 No. 02 (2024): Judge : Jurnal Hukum
Publisher : Cattleya Darmaya Fortuna

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54209/judge.v5i02.561

Abstract

Smoking is a bad habit that has been done since the time of the discovery of tobacco. Initially smoking only aims to warm the body but, over time the habit becomes changed goal is AS a requirement that can not be abandoned or can be said to be addicted. The majority of smokers worldwide are ± 47% male population while 12% are female population with different age categories. Various reasons people smoke a variety, among these people there are several factors that influence a person to smoke for example, prestige factors to be called “champion”, and there are also people who say smoking can trigger inspiration and keupayaan thinking, even there is an interesting pantun used Alaihi Symbolic interactionism is a sociological theory that emphasizes the role of symbols and social interaction in understanding human behavior. In the context of analyzing the influence of the “Gak ngerokok gak ganteng ” advertisement on teenage hangouts, this approach can provide a deep understanding of how the advertisement influences teenagers' perceptions, attitudes and behaviors towards smoking. In symbolic interactionism, symbols such Alaihi Salam words, images, or actions are considered to have meanings given by individuals through the process of social interaction. The “No smoking no handsome” advertisement is a symbol that gives a message to teenagers that not smoking is something cool or attractive. Through the process of social interaction, the symbol can be interpreted and interpreted by teenagers in the context of their daily lives. An analysis of the influence of these ads on teenage hangouts can involve several aspects, including: Perception and attitude, Behavior, Identity and Social Interaction. Using the framework of symbolic interactionism, the analysis can dig deeper into how the “Gak ngerokok gak tampan ” advertisement influences teenagers' mindset and behavior related to smoking, AS well Alaihi Salam how the symbols are interpreted in the cultural and social context of teenagers.
Analysis of Interfaith Marriage from the Perspective of Maqashid Shariah AS-Syathibi Sebayang, Muhammad Alfalah; Tanjung, Dhiauddin
Judge : Jurnal Hukum Vol. 5 No. 02 (2024): Judge : Jurnal Hukum
Publisher : Cattleya Darmaya Fortuna

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54209/judge.v5i02.563

Abstract

Interfaith marriages are in the news on TV and social media, with both pros and cons. Those who are pro argue that such actions are based on humanity and human rights and do not care about religious differences as long as the family is harmonious and happy. On the other hand, the cons argue from the perspective of positive law, which prohibits it in Indonesia, and according to fiqh, the marriage is invalid. The purpose of this study is to understand how Maqashid al-Syariah Syatibhi views interfaith marriage and what its impact is. The method used is descriptive-analytical, examining Indonesian normative or positive law, conceptually comparing it with the Compilation of Islamic Law (KHI), and investigating arising issues. The results of this study indicate that interfaith marriage has more adverse effects than benefits. The data collection technique uses a comparative analysis of interfaith marriage and Maqasid Sharia. The results of this study indicate that interfaith marriage is not allowed in Islam because it contradicts five maqasid sharia concepts: (1) Maintaining Religion, suggesting religion as a life guide; (2) preserving the soul, as different teachings may cause internal conflict; (3) preserving the mind, as one might be led astray by improper use of reason; (4) preserving offspring, as different religions could hinder the fulfillment of their duties as Allah’s caliphs; (5) maintenance of property, as different religions prevent mutual inheritance. Marriages meant to foster household harmony often end in divorce due to disputes over children’s religious choices and inheritance issues. The conclusion of this research is that interfaith marriage is prohibited by Indonesian positive law and haram according to fiqh. Meanwhile, Maqashid al Sharia views the number of evils as outweighing the good.
CONSUMPTIVE CASH WAQF AS AN INSTRUMENT OF SOCIO-ECONOMIC RESILIENCE: A NORMATIVE ANALYSIS BASED ON THE PRINCIPLE OF MASLAHAH MURSALAH: WAKAF TUNAI KONSUMTIF SEBAGAI INSTRUMEN KETAHANAN SOSIAL-EKONOMI: ANALISIS NORMATIF BERDASARKAN PRINSIP MASLAHAH MURSALAH Sebayang, Muhammad Alfalah; Khoiri, Nispul; Tanjung, Dhiauddin
SOSIOEDUKASI Vol 14 No 3 (2025): SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL
Publisher : Fakultas Keguruan Dan Ilmu Pendidikan Universaitas PGRI Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36526/sosioedukasi.v14i3.6416

Abstract

Consumptive waqf is a type of waqf used to meet the immediate needs of the community, such as the construction of mosques, schools, and temporary social assistance. Although it does not provide sustainable income, consumptive waqf is important for fulfilling basic needs and improving the quality of life. In Indonesia, cash waqf has great potential that can be directed toward urgent needs without violating Islamic principles. This research departs from the urgency of managing consumptive cash waqf in response to economic dynamics, particularly inflation, with a normative juridical approach. This approach emphasizes the analysis of legislation, Islamic legal doctrines, and the principle of maslahah mursalah as a conceptual basis for developing effective and Sharia-compliant waqf management strategies, as well as assessing the impact of inflation on the effects of consumptive cash waqf as a social financing instrument. Based on the results of normative analysis, cash waqf has a clear positive legal basis, among others in Law Number 41 of 2004 concerning Waqf, reinforced by Government Regulation Number 42 of 2006 on the Implementation of the Waqf Law, as well as regulations from the Indonesia Waqf Board (BWI). These regulations recognize the existence of cash waqf and provide a legal framework for its management, including the potential for its consumptive use. However, the consumptive nature of cash waqf is potentially vulnerable to the influence of inflation, which can reduce its utility and effectiveness in meeting social needs. Therefore, the principle of maslahah mursalah becomes important as a balancing instrument between the normative texts of positive law and the practical needs of society in fluctuating economic conditions. The formulation of the management of consumptive cash waqf in accordance with the principles of maslahah mursalah must emphasize the strengthening of nazhir institutions, a transparent oversight mechanism, as well as the integration of community economic empowerment strategies. Based on legislation and a maslahat approach, consumptive cash waqf not only functions as a means of Islamic philanthropy but also as a legal and economic instrument capable of strengthening the socio-economic resilience of communities in facing inflation.
Co-Authors Harahap, Mhd. Yadi Lubis, Fauziah Nispul Khoiri Saragih, Jainul Ilham Tanjung, Dhiauddin