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Al Hurriyah : Jurnal Hukum Islam

alhurriyah
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Published by Institut Agama Islam Negeri Bukittinggi

ISSN : 25493809 EISSN : 25494198 DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Jurnal Al-hurriyah merupakan media publikasi hasil penelitian dan kajian konseptual tentang tema-tema kajian hukum Islam: Jurnal ini terbit dua edisi dalam satu tahun ditujukan untuk kalangan pakar akademisi, praktisi, LSM, lembaga kajian dan lembaga penelitian sosial keagamaan.

Arjuna Subject : -

Articles 202 Documents

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HAK WARIS ANAK LAKI-LAKI TERTUA DALAM HUKUM ADAT LAMPUNG PEPADUN PERSPEKTIF GENDER (STUDI DI TEGINENENG KABUPATEN PESAWARAN) Habib Ismail; Hasyim Asy'ari; Agus Setiawan
Alhurriyah Vol 4, No 1 (2019): Januari-Juni 2019
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

The existing Lampung Indigenous Peoples Pepadun in Tigeneneng sub-district, Kab. Pesawaran, adheres to a patrilneal kinship system. This means that the oldest son is an absolute heir in the implementation and management of inheritance with the highest customary title, namely balancing. Whereas for the female heirs, they were not given the right of authority in management, because in the adat of Lampung Province the daughters were considered unable to manage inheritance and daughters when they were married, so they would change their customary titles and would follow their husbands. This type of research is a field using a qualitative approach by analyzing data inductively. The result of this research is that the system applied in the distribution of inheritance rights to the eldest child in the Lampung tribal community, is clearly very contrary to the principle of gender equality and justice. Juridically normative equality and gender justice have been regulated in Islamic Law and International Convention (CEDAW). Even though juridically, girls have the same rights as boys in managing inheritance left by both parents.

PERANAN NOTARIS SEBAGAI SAKSI (SYÂHID) TERHADAP SUATU PERBUATAN MELAWAN HUKUM YANG DILAKUKAN PIHAK DALAM AKTA NOTARIS (Studi Perkara Nomor 269/Pid.B/2015/PN.PDG) Dia Ikhsan; Ismansyah Ismansyah
Alhurriyah Vol 4, No 1 (2019): Januari-Juni 2019
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

Notary is one of the general officers authorized to create an authentic deed and other authorities as intended in the law. Notary can be called as a notary as a witness, suspect and accused in the event of an act against the law of the Outentic deed made in a notary public. The problem in this writing is 1) the role of notary as a witness against the deeds of the law committed by the parties in Notarial deed and 2) the judgment of judges in the verdict No. 269/Pid. B/2015/PN. PDG about the role of notary as a witness against the deeds of the law committed by the party in notarial deed. The research method used is a method of normative juridical approach empirical. The result of the study of notarial roles as witnesses of the Act against the law by the party in notarial deed came to fulfill the call as a witness in the interest of an investigation, a notary called for investigation Must be approved by the notary Honorary assembly and give information on what is provided by the Parties both oral and written in writing. Notary is called and needs his presence in the examination of criminal matters, in capacity as a general officer who makes authentic deed, it is necessary for his testimony of what is seen, heard and supporting evidence in the creation of authentic deeds The criminal matter, 2) the judgment of judges in the Decree No. 269/Pid. B/2015/PN. PDG about the role of notary as a witness against the deeds of the law conducted by the party in Notarial deed is a notary only as a witness called the court to be heard his description of the conduct of the law Done by the defendant is about the forgery of the SS signatures to make the letter of authorization selling and besides notary also called a witness from the notary party who is a witness in the making of the selling power deed.

PELAKSANAAN PENGIKATAN JUAL BELI RUMAH MELALUI SISTEM PESAN BANGUN PADA PT. PRATAMA GRIYA MAKMUR KABUPATEN PASAMAN BARAT Baldi Pramana; Busyra Azheri
Alhurriyah Vol 4, No 1 (2019): Januari-Juni 2019
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

The home marketing strategy that is currently being used is home sales in the form of images (pre-project selling). The transaction is set out in the form of Bonds for Sale and Purchase (PJB) which in practice raises various problems, both in terms of PJB content and the quality of work results. PJB for developers is often used to break the law and legislation such as by disguising the actions of company directors for and on behalf of themselves, consumers are required to pay excess land prices that were not previously agreed and thought of, down payments that originally increased from the price offered, the construction of the house is not in accordance with the specifications and general standards, the delay in the submission of the certificate, the fasum problem, which should be the responsibility of the developer. From the description above, the problem examined was how to implement the sale and purchase of houses through the built-in message system at PT. Pratama Griya Makmur Regency of West Pasaman and how to protect the rights of consumers. This study uses an empirical juridical approach. The results of the study show the implementation and legal protection for consumers in buying and selling houses through a built-in message system at PT. Pratama Griya Makmur, West Pasaman Regency has been carried out by breaking the rules, namely parties representing companies in making PJB are directors, acting for and on behalf of themselves, in PJB the building specifications are not included, sanctions for cancellation of agreements, rights and obligations of the parties are not included implicitly.

PUTUSAN PENGADILAN NEGERI PADANG NOMOR: 69/Pdt.G/2009/PN.Pdg TENTANG HIBAH WASIAT PERSPEKTIF HUKUM ISLAM Suci Rahmawati
Alhurriyah Vol 4, No 2 (2019): Juli-Desember 2019
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v4i2.1365

This article would explain the testament of the testamentary gift Number: 69/Pdt.G/2009/PN.Pdg., in the Padang District Court. As for the background of this research is the settlement of the will between the people of Islam, but decided by the district court, so there are some irregularities, both in terms of formal law and Islamic law. This research is a normative legal research with data analysis method in the form of content analysis. Based on the results of the decision are considered appropriate by the panel of judges who completed the case. Although there are no legal remedies from the parties against the decision of the district court judge, from the perspective of Islamic law the decision is still contrary to what should apply to people of Islam.

HUKUM ISLAM DALAM KERANGKA PEMBARUAN HUKUM PIDANA DI INDONESIA, DILIHAT DARI PERSPEKTIF TEORI HUKUM PEMBANGUNAN MOCHTAR KUSUMAATMADJA Aris Irawan
Alhurriyah Vol 4, No 2 (2019): Juli-Desember 2019
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

Development Law Theory refers to the life view (way of life) of Indonesian society based on the principle of Pancasila which encourages kinship then to norms, principles, institutions and rules. Updating laws is part of and at the same time implements punishment. Islamic Judicial Law, specifically concerning Role Law, stoning law for adulterers, as well as qishash, often gets a sharp spotlight from Non-Islamic societies such as Orientalists, as well as research, principles, legal laws and others required in the substance of the Criminal Code, actually regulated and applied in Islamic Law. On the other hand Islamic law in transition is not as rigid as imagined by Orientalists, but is instead flexible and can be used as a source of renewal of the National Criminal Law.

PENYELESAIAN SENGKETA WAKAF TANAH DI KECAMATAN BAYANG OLEH PENGADILAN AGAMA KELAS II PAINAN KABUPATEN PESISIR SELATAN Yose Leonando
Alhurriyah Vol 4, No 2 (2019): Juli-Desember 2019
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

The issue of land ownership has become a fundamental problem in Indonesia. One of the conflicts is a dispute of waqf land, both property and customary rights. The lack of assertiveness of the waqf rules on the natural land right in West Sumatera also triggered conflict, because the natural right is not accommodated as an object of land registration, so the deed of customary land does not guarantee legal certainty in accordance with the waqf rule in Indonesia. The dispute of Waqaf land in the district of Bayang appear because of many aspects such as customary land as the object of Waqaf, the economic value of the property, the increasing of the population, the need of land, Wakif giving all the customary land as Waqaf, Nazhir’s ineffective land use, the land given without the knowledge of the members of community, the regulation of Waqaf land not accommodated well in law number 41 of 2004. The method used is descriptive, which describes the facts and the real condition of land waqf of property right and customary right in the district of Bayang, with an analysis of a normative legal approach. This study uses an empirical juridical approach by researching with emphasis on the application of the waqf legal in the form of law. The collected data are in the way of primary data obtained from related parties in Waqaf land in the research location, secondary data obtained from secondary, primary, and linear legal materials. From the research it customary land waqf is the leading cause of waqf disputes in the district of Bayang, because many waqf lands are given with unwritten document (verbally) and not registered. The solution to waqf land disputes in Bayang District uses non-ligitation and ligitation settlement efforts. The conflict of waqf of customary land was solved by a non-ligitation manner, through mediation of the adat institution, Gurun Panjang KAN, while the dispute over property rights at the village of Taratak Teleng Puluik Puluik was complete by ligitation in Painan Religious Court.

PENGENAAN PAJAK PENGHASILAN ATAS WARIS DAN HIBAH DALAM PENGALIHAN HAK ATAS TANAH DAN/ATAU BANGUNAN DI KOTA PADANG Benny Oktario; Neneng Oktarina
Alhurriyah Vol 4, No 2 (2019): Juli-Desember 2019
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

Income Tax (PPh) is one of several types of tax, which is one of the primary sources of state revenue for development, which aims to improve the welfare and prosperity of the people. Income Tax (PPh) is regulated in Government Regulation number 34 of 2016. Where in each transfer of rights carried out by the taxpayer will be subject to Income Tax, but there is a transfer of rights excluded from the imposition and collection of Income Tax as stipulated in the Director-General of Taxes Regulation Number 30 / PJ / 2009, namely the removal of reasons due to inheritance and grants to blood families in a straight line. From this income tax collection, it is necessary to know some problems that arise. The issues, namely First, how is the imposition of Income Tax on inheritance and grants in the transfer of rights to land and buildings in the City of Padang. Second, is the Constraint in imposing income tax on estate and concessions in the removal of rights to land and buildings in the City of Padang. The research method used is an empirical juridical approach, and this research is descriptive-analytical as well as collecting data in the form of document studies and field research. Based on the results of the study, it was found that: The imposition of income tax on inheritance and grants in the transfer of rights to land and buildings in Padang city can be excluded from tax collection by submitting an income tax certificate for inheritance and donations between blood families in a straight line. Constraints in imposing Income Tax on estate and awards in the transfer of rights to land and or buildings in the city of Padang, are still taxpayers who have an NPWP but do not report their annual SPT and there are taxpayers who are not registered at the Tax Office and do not have NPWP, which causes the SKB application to be rejected or not granted.

PEMBERDAYAAN NILAI-NILAI MASYARAKAT LOKAL SEBAGAI MODAL PEMBANGUNAN DEMOKRASI Miswardi Miswardi
Alhurriyah Vol 4, No 2 (2019): Juli-Desember 2019
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

The demand for a democratic system of government in Indonesia is not only the demands of society but also constitutional demands. Therefore, regional autonomy is expected to be able to provide answers to both needs. Because the essence of local independence itself is a tangible form of the practice of democracy in society, in the way of giving autonomy to the region to advance its society democratically in various aspects of life, politics, social economy and culture, to answer the challenges in the era of globalization. Community involvement by empowering local community values is one surefire strategy in the process of democratization. Besides, bureaucratic reform is a necessity; therefore, a combination of allowing the benefits of local communities with the government bureaucracy system is an appropriate strategy for accelerating democratic development.

KAJIAN TENTANG KEDUDUKAN AGUNAN DALAM AKAD PEMBIAYAAN MUDHARABAH PADA BANK SYARIAH Vendra Irawan
Alhurriyah Vol 4, No 2 (2019): Juli-Desember 2019
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

AbstractThe purpose of this research is to examine the position of collateral in the mudharabah financing contract in Islamic banking. The type of research used is normative research with a statute approach and a conceptual approach. The sources of legal material in this study are from primary legal material and secondary legal material. The results of the analysis of this study are that the collateral position in the mudharabah contract in Islamic banking is different from the position of collateral in conventional banking, collateral in conventional banking functions as guarantor of the debts that occur between creditors and debtors. While the function of collateral in the mudharabah agreement on Islamic banking is to ensure the implementation of the mudharabah agreement in accordance with the agreement made in the beginning of the agreement between capital owners and business manager. So, the purpose of collateral in mudharabah contract is to avoid bad moral of business manager and not to return the investment value if there is a loss due to business risk factors.Keywords: Position; Collateral; Mudharabah; Islamic BankAbstrakPenelitian ini bertujuan untuk mengkaji kedudukan agunan dalam akad pembiayaan mudharabah pada perbankan syariah. Jenis penelitian yang digunakan adalah penelitian normatif dengan pendekatan perundang-undangan dan pendekatan konseptual. Sumber bahan hukum dalam penelitian ini adalah dari bahan hukum primer dan bahan hukum sekunder. Hasil analisis dari penelitian ini adalah kedudukan agunan pada akad mudharabah di perbankan syariah berbeda dengan kedudukan agunan pada perbankan konvensional, agunan pada perbankan konvensional berfungsi sebagai penjamin atas utang-piutang yang terjadi antara kreditur dengan debitur. Sedangkan fungsi agunan dalam akad mudharabah pada perbankan syariah adalah untuk menjamin terlaksananya akad mudharabah sesuai dengan kesepakatan yang telah dibuat diawal perjanjian antara shahib al-maal dengan mudharib. Jadi, tujuan agunan dalam akad mudharabah adalah untuk menghindari moral jelek mudharib dan bukan untuk mengembalikan nilai investasi jika terjadi kerugian karena faktor risiko bisnis.Kata kunci: Kedudukan; Agunan; Mudharabah; Bank Syariah

KEMERDEKAAN MENYAMPAIKAN PENDAPAT DIMUKA UMUM SEBAGAI MAKAR MENURUT KUHP Fanny Fauzie
Alhurriyah Vol 4, No 2 (2019): Juli-Desember 2019
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

KUHP (Penal Code Of Indonesia) is a positive Indonesian criminal law regulation which in its history, came from the Wetboek van Strafrecht voor Nederlandsch Indie (WvSNI) which contains about the crimes against the security of the state as regulated in the sub first chapter of the KUHP itself. Van Toelichting’s Memorie mentioned that treason is a translation of the Aanslag, which, if paired into English, can be interpreted as an attempt or attack. According to 87th Article of the Criminal Code, if treason has commenced according to Article 53th of the Criminal Code (Trial), on the other hand, there is a The1945 Constitution which is a Grundnorm that guarantees the freedom to express opinions that publicly as in 28th E Article, 3rd paragraph. And also, regulated explicitly in 39th Law Number, the year 1999 about expressing opinions in public, so if referring to treason as an experiment as Article 53 of the Criminal Code, it would prevent anyone from criticizing by communicating and issuing opinions. If the notice was addressed to the government by saying the current government is not good and must be replaced, the presence of the 87th Article about the Criminal Code certainly experiments intention. And the crimes against state security are also referred to as political offenses, to determine the suspects in this political offense, an in-depth study must be carried out, so this is the reason why the writing is carried out. The typology of the research used is the normative juridical (doctrinal) library method. So in this study, we can see whether it is appropriate if the criminal offense of this treason can be applied as the 87th Article about Criminal Code without interpreting the betrayal as an aanslag or attempt or an attack connected to the existence of Guarantees in Delivering Opinions.

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