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All Journal LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam
Syah, Yuhasnibar
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Juridical Provisions on Government Policies Towards Marginal Economic Actors in Indonesia in the Perspective of Islamic Law Alidar, EMK; Maulana, Muhammad; Syah, Yuhasnibar; Usman, Bustamam
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 1 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i1.14621

Abstract

This study investigates the legal provisions for dealing with street vendors in Banda Aceh and Yogyakarta, utilizing the Qanun no. 3/2007 and the Mayor Regulation no. 26/2002, respectively. It investigates the variables that constitute the basis for the creation of policies for dealing with street sellers and evaluates policy formulations for dealing with street vendors in the two provincial capitals in a more accommodating and comprehensive manner. This is a normative legal research that examines legal data in the form of the rule of law by evaluating statutes and Islamic law. The results indicated that the Qanun for the City of Banda Aceh and the Perwal Yogyakarta were legally designed to govern and control street vendors in compliance with the urban planning and aesthetics of the city. However, the Banda Aceh Qanun addressing street vendors must be tied to the Mayor's Regulation 44 of 2016 about the role and function of Wilayatul Hisbah (WH) and Satpol PP (Civil Police), which reflect Islamic shari'a standards. Although the Mayor of Yogyakarta Regulation No. 26/2002 on street vendors has been designated as a source and tourist attraction that must be managed responsibly, this has a positive impact on street vendors. The regulation has included cultural issues with such care that it has a favorable effect on their economic earnings. Although other aspects, such as the issuance of business licenses, impartial spatial layouts, and coercive measures against street vendors, still need to be developed. Nevertheless, the Banda Aceh government's comprehensive WH policy integrates Islamic law and the Yogyakarta Perwal, which accommodates local and cultural values in accordance with the rule of law that governs and disciplines the society.
For The Sake of Survival: Illegal Gold Mining Exploitation Crimes from Environmental Fiqh in South Aceh Regency Syah, Yuhasnibar; Awang, Nurulbahiah binti; Iskandar, Iskandar; Husni, Rahul
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol. 13 No. 1 (2024)
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v13i1.25008

Abstract

Criminal acts of illegal mining in East Labuhahaji District, South Aceh, continue to be carried out by the community without paying attention to the negative impacts on the surrounding environment, which can result in losses for the benefit of the community. This article aims to analyze the factors and impacts of illegal gold mining on the environment of the people of Labuhan Haji Timur District, South Aceh Regency, in terms of environmental fiqh. Data was obtained through interviews and analyzed critically. The research results show that the factors causing people to carry out illegal gold mining in East Labuhanhaji District are low economic life and community education, minimal socialization regarding mining prohibitions, and minimal public awareness of religious values regarding environmental damage. Illegal gold mining has a negative impact in the form of deforestation, making it prone to flooding and damage to plantation land. Judging from environmental fiqh, the criminal act of illegal gold mining in Labuhan Haji Timur District, South Aceh Regency, is an act of jihad that is contrary to Islamic law because it hurts environmental damage and the benefit of the community at large. Therefore, in Islamic law, illegal gold mining can be subject to sanctions in the form of ta'zir.
Criminal Liability for Circumcision Malpractice: Ibn Qayyim’s Jurisprudence and Indonesian Criminal Law Maulidar, Rona; Syah, Yuhasnibar; binti Awang, Nurulbahiah
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol. 15 No. 1 (2026)
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/lg.v15i1.32019

Abstract

This article analyzes criminal liability for malpractice committed by circumcision (khitan) practitioners, as outlined by Ibn Qayyim al-Jawziyyah, and examines its relevance to positive law in Indonesia. The study is motivated by fundamental differences in the determination of criminal liability between classical Islamic legal perspectives and national law. This research is normative legal research employing a statute approach and a conceptual approach. Data were collected through library research, including primary, secondary, and tertiary legal materials such as statutory regulations, the works of Ibn Qayyim al-Jawziyyah, and relevant scholarly literature. The data were analyzed using a descriptive-analytical method that integrated perspectives on positive law and Islamic normative law. The findings indicate that, according to Ibn Qayyim, a circumcision practitioner must possess both professional competence and a valid practice license. A competent and licensed practitioner is not subject to criminal liability for patient harm in the absence of intentional wrongdoing, whereas an unqualified and unlicensed practitioner may be held criminally liable. In contrast, under Indonesian positive law, criminal liability is not solely based on intent (mens rea) but also encompasses negligence and recklessness that result in harm; thus, a practitioner may still be held criminally liable despite having competence and a valid license. Accordingly, Ibn Qayyim’s view appears less relevant within the framework of Indonesian positive law regarding criminal liability. Nevertheless, his emphasis on strict requirements for competence and licensing has preventive value, helping minimize malpractice and enhance professional standards in medical practice.
Co-Authors Awang, Nurulbahiah binti binti Awang, Nurulbahiah EMK Alidar, EMK Husni, Rahul Iskandar Iskandar Maulidar, Rona Muhammad Maulana Usman, Bustamam