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All Journal Pendas : Jurnah Ilmiah Pendidikan Dasar JURNAL MULTIDISIPLIN ILMU AKADEMIK
Ruslan Abdul Ghani
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Religion Humanities Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Social Sciences Other

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ANALISIS PUTUSAN HAKIM TERHADAP DAKWAAN BEBAS DALAM KASUS NARKOTIKA STUDI (NOMOR: 667/PID.SUS/2018/PN JMB) DALAM PERSPEKTIF HUKUM PIDANA DAN HUKUM PIDANA ISLAM Siti Aina; Ruslan Abdul Ghani; Robi’atul Adawiyah
JURNAL MULTIDISIPLIN ILMU AKADEMIK Vol. 2 No. 3 (2025): Juni
Publisher : CV. KAMPUS AKADEMIK PUBLISHING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jmia.v2i3.4532

Abstract

Analysis of the judge's decision on the acquittal of the defendant who was charged by the public prosecutor with Article 114 paragraph 1 of Law no. 35 of 2009 with a sentence of 17 years in prison, but the judge gave an acquittal on the grounds that the defendant's urine test was negative, this is what made the author interested in re-analyzing the judge's decision given, because according to the author if as a user it cannot be proven then the defendant can be charged with the article as a dealer, which we all know that the law for dealers is greater than for users, and here the author not only analyzes it from a criminal law perspective but also from an Islamic criminal law perspective. The purpose of this study is to find strong reasons that are the basis for the judge's consideration in giving an acquittal to the defendant based on criminal law and Islamic criminal law. Because in the defendant's charges there are several pieces of evidence attached to the letter of indictment against the defendant. In this Thesis research, the author uses a Qualitative research method using content analysis by describing the content that the author gets and the research approach uses a normative legal method. This means that this method is used because the data used is in the form of Literature, namely Library research. by reading and citing writings that are related to the problems discussed in the form of books, articles, manuscripts and other documents related to the problems discussed. The results of the study explain comparatively analyzing the judge's decision against the defendant who gave an acquittal based on criminal law and Islamic criminal law and analyzing whether the judge's decision has fulfilled the sense of justice for all parties involved.
KEKUATAN HUKUM HIBAH TANAH SECARA LISAN MENURUT FIQH DAN HUKUM PERDATA TERHADAP OBJEK TANAH SDN 212 KELURAHAN KENALI ASAM BAWAH KECAMATAN KOTA BARU KOTA JAMBI M. Khodadan Ryan Keano; Ruslan Abdul Ghani; Rahmi Hidayati
Pendas : Jurnal Ilmiah Pendidikan Dasar Vol. 10 No. 02 (2025): Volume 10, Nomor 02 Juni 2025 publish
Publisher : Program Studi Pendidikan Guru Sekolah Dasar FKIP Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/jp.v10i02.27078

Abstract

A grant is an agreement in which a person freely and irrevocably gives an item to another party during his lifetime. The practice of oral land grants is still common in the community, especially in kinship circles based on mutual trust. However, when the object of the grant becomes a public asset such as the land of a Public Elementary School (SDN), legal issues arise regarding the evidence and legality of the transfer of rights. This research analyzes the legal force of oral grants from the perspective of Islamic fiqh and civil law, with a case study of SDN 212 land in Kenali Asam Bawah Village, Jambi City. The method used is a normative juridical approach through analysis of Islamic law literature, civil law, and contemporary fiqh expert opinions. In fiqh, oral grants are valid if accompanied by ijab-qabul and the transfer of real rights (qabdh), while positive law requires written evidence and official records. The research found that land grants to the government were made orally based on the provisions in the Compilation of Islamic Law (KHI), but the absence of formal documentation and the absence of an agreement between the Jambi City Government and the Batanghari Regency Government led to a legal dispute. The Jambi District Court ruled in favor of Hermanto as the legal owner based on the 1986 certificate. The findings emphasize the importance of strong evidence and legal recording in grant practices to protect ownership rights and prevent future conflicts.
Co-Authors M. Khodadan Ryan Keano Robi’atul Adawiyah RR. Ella Evrita Hestiandari Siti Aina