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All Journal Hukum Islam Jambura Law Review Al-Istinbath: Jurnal Hukum Islam Warkat
Manap, Norhoneydayatie Abdul
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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The Urgency of Implementing the Ilahiah Principle in the Implementation of E-Commerce Djumikasih; Hidayat, Fitri; Nurhayati, Prawatya Ido; Puspitasari, Indri; Manap, Norhoneydayatie Abdul
WARKAT Vol. 5 No. 1 (2025): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Electronic contracts, especially electronic commerce, are common today because they provide many conveniences for both sellers and buyers. For sellers, e-commerce opens up a much wider market and can reduce the selling price as low as possible because it can reduce distribution and promotion costs. For buyers, e-commerce provides a large selection of products without having to spend time, energy and costs to find products directly. However, these various conveniences also bring up various problems in their implementation, to the detriment of both sellers, buyers and couriers and expedition companies, there are many cases that show that. This because in making an electronic contract the parties do not meet directly, so that there are certain parties who feel innocent when they do not fulfill what they have agreed, because they feel that no one is watching because the opposite party to the agreement cannot see directly.  This research examines the urgency of applying the Ilahiah Principle in the implementation of e-commerce with the approach and conclusion that the Ilahiah Principle is urgent to apply because it moves the parties to remain in good faith in the implementation of the agreement even though they do not meet in person because they feel there is a God who is watching.
Maisi Sasuduik: Restrengthening the Implementation of the Concept of al-Ba`ah in some Minangkabaunese Traditional Marriages Busyro, Busyro; Asmara, Musda; Wadi, Fajrul; Manap, Norhoneydayatie Abdul; Tarihoran, Adlan Sanur
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i1.9619

Abstract

This article aims at restrengthening the implementation of the al-ba’ah concept in maisi sasuduik tradition of some Minangkabaunese marriage customs because some people think that this tradition is just a custom and has nothing to do with Islamic teachings. Maisi sasuduik is an obligation for a prospective groom before marriage. This research uses a qualitative approach by which the data were collected through interviews with several community figures and from relevant literature. The descriptive and inductive theories were used in analyzing the data. The results of the research showed that some people believe that this custom has nothing to do with Islamic teachings. The finding reveal that marriages are sometimes postponed and some are even annulled because the men do not agree to fulfill maisi sasuduik custom. According to the concept of al-ba’ah in Islam, a man must prepare a house for his wife to live in because he will take her there after marriage. For Minangkabaunese men, they are not required to prepare a house to live in before marriage because they will live in the wives’ house. Based on the concept of al-ba’ah, Maisi sasuduik describes a man’s al-ba’ah (ability) to perform a marriage. Therefore, the custom of maisi sasuduik is an implementation of Islamic teachings regarding the necessity of having an al-ba’ah before marriage.
BAKAIN DUO: Reaffirming The Symbols, Identity, And Sharia-Based Modesty (ʿAwrah) In The Attire Of Bundo Kanduang In Minangkabau Sasmiarti, Sasmiarti; Busyro, Busyro; Manap, Norhoneydayatie Abdul
Hukum Islam Vol 25, No 2 (2025): ISLAMIC LAW
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v25i2.38258

Abstract

Studies on women's aurat in Islam often focus on universal normative-theological approaches, thus ignoring the dynamics of locality and cultural symbolism. In Minangkabau, the traditional dress bakain duo worn by Bundo Kanduang contains complex symbolic meanings, but has not been interpreted in the frame of aurat verses. This research aims to reinterpret the bakain duo symbol as an articulation of identity, sharia, and culture in Minangkabau Muslim society. Using a qualitative approach and semiotic analysis, this study dialogues classical and contemporary interpretations of the aurat verses with local cultural narratives. The main literature includes works of Qur'anic tafsir, gender studies in Islam, and Minangkabau symbolic anthropology. The results of the discussion show that bakain duo is not only a symbol of traditional modesty, but also an expression of local interpretation of the Shari'ah of aurat that functions as a marker of female identity. The conclusion of this research emphasizes that local cultural symbols can be a medium of contextual interpretation. 
Restorative Justice in Law Enforcement of Banking Crimes : How it's Works? Harrieti, Nun; Mantili, Rai; Bunga, Dewi; Manap, Norhoneydayatie Abdul
Jambura Law Review VOLUME 8 NO. 1 JANUARY 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v1i1.27715

Abstract

The escalating complexity of contemporary banking crimes is fundamentally catalyzed by the rapid evolution of digital technologies and the extensive globalization of financial transaction.   The Financial Services Authority's Annual Report shows an increase in the number of resolved banking crimes in 2023, from 13 (thirteen) cases to 18 (eighteen) in 2024. The principle of restorative justice, which prioritizes restoring the condition of the injured party, has become a new concept in enforcing banking crime law, apart from the criminal sanctions that has been applied. It is of particular interest to undertake research regarding how the principle of restorative justice is applied in the current law enforcement of banking crimes. This research engages normative juridical approach with analytical descriptive specifications. The application of the restorative justice principle in enforcing banking crime law is through a non-prosecution mechanism which provides an opportunity for parties suspected of committing banking crimes at the investigation stage to apply for resolution of violations of laws and regulations in the banking sector to the Financial Services Authority. Once the Financial Services Authority investigator approves the application, the applicant is obliged to carry out the agreement (non-prosecution agreement) including paying compensation and then the case is stopped and not continued to the investigation stage. The establishment of transparent standards and objective benchmarks is imperative for the Financial Services Authority in adjudicating settlement petitions for violations to guarantee legal certainty.
Co-Authors Busyro, Busyro Dewi Bunga, Dewi Djumikasih Hidayat, Fitri Indri Puspitasari, Indri Musda Asmara Nun Harrieti, Nun Rai Mantili Sasmiarti, Sasmiarti Tarihoran, Adlan Sanur Wadi, Fajrul