Garuda - Garba Rujukan Digital

Article Per Year (5 Year)

All

Al Hurriyah : Jurnal Hukum Islam

alhurriyah
Website

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

15 16 17 18 19

PELAKSANAAN PENDAFTARAN TANAH ULAYAT KAUM MELALUI PROGRAM PENDAFTARAN TANAH SISTEMATIS LENGKAP DI KECAMATAN BUNGUS TELUK KABUNG Feronika Feronika; Azmi Fendri; Yulia Mirwati
Alhurriyah Vol 4, No 2 (2019): Juli-Desember 2019
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

Ulayat land is a land that is acquired from generation to generation whose control and utilization are regulated by the Mamak Waris Head. This is all obtained without correspondence or in Writing, only by knowing the boundaries naturally with someone else's land. In Padang City, especially in Bungus Teluk Kabung Subdistrict, most of the existing property is customary land. Ulayat land is used for the benefit of its people. The government is obliged to hold land registration in the entire territory of the Republic of Indonesia. One of the methods adopted by the Ministry of Agrarian and Spatial Planning / National Land Agency is through the Complete Systematic Land Registration Implementation Acceleration program as stipulated in the Regulation of the Minister of Agrarian and Spatial Planning / Head of the Republic of Indonesia National Land Agency Number 12 of 2017 concerning Acceleration of Complete Systematic Land Registration , which was carried out in Bungus Teluk Kabung Subdistrict which had a target of 1,100 fields. The formulation of the problem in this Writing is 1. How is the implementation of community ulayat land registration through the Complete Systematic Land Registration program in Bungus Subdistrict Teluk Kabung. 2. What obstacles were encountered in the implementation of the record of communal ulayat land through the Complete Systematic Land Registration program in Bungus Subdistrict Teluk Kabung. And in this Writing, the author uses a sociological juridical approach. Based on the research conducted by the author, the implementation of the registration of ulayat land of the people through the Complete Systematic Land Registration Program in Bungus District Teluk Kabung. It is challenging to implement and does not achieve this target because there are some obstacles in the implementation of the ulayat land registration of the people so that the ulayat land of the community cannot be registered with the Land Office. Constraints arise include subject, namely whose name certificate recorded in the name of the Mamak Chief Heir, on behalf of one member of the community or in the name of Mamak the Head of Waris along with members of the city because in most fields many register on behalf of one member the people without being noticed by Mamak To Waris and other members of the people. Another obstacle is the absence of the Mamak Waris Head and Kerapatan Adat Nagari in the land registration process.

Perkawinan Beda Agama dalam Paradigma Sosiological Jurisprudence Roni Efendi
Alhurriyah Vol 5, No 1 (2020): Januari - Juni 2020
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

The promulgation of the Marriage Law is as a tool of social engineering or an instrument to regulate the community and as a guideline for the community to carry out a marriage. So those friendships that are carried out are not based on or violate religious law contained in the Marriage Law deemed invalid, one of which is interfaith marriages. The diversity of Indonesian society has been regulated by several provisions and diverse institutions, moreover related to the requirements of marriage. The occurrence of social facts in the form of violation of the regulations of marriage in the way of interfaith marriages according to the Sociological jurisprudence school is the result of proper gradation, morals which have been the basis for the formation of law. If ethics or morals become evil, it will result in bad behavior, both the behavior of individuals, groups and state officials.

Praktik Pemberian Salinan Akta Oleh Notaris Yang Minuta Aktanya Belum Ditanda Tangani Secara Lengkap Alfin Dalfi
Alhurriyah Vol 5, No 1 (2020): Januari - Juni 2020
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

In the routine inspection of the Padang Notary Regional Supervisory Council in 2019, according to his authority in Article 70 letter b UUJN 5 (five) findings of violations were found in the routine inspection of the Notary protocol where there was a violation in the form of incomplete signature of the notary deed. The formulation of this research is why in practice there was a giving of a copy of an act by a notary whose minutes of the deed had not been signed entirely and how the legal consequences of granting a copy of the deed by a notary whose minutes of the act had not been approved in full. This research is analytical descriptive research. Notary Deed has perfect proof of strength in a civil lawsuit, but if it violates specific provisions, the value of the evidence will be degraded to the strength of evidence as a deed under the hand. A notary who is proven to have made a mistake resulting in the act he made only has the power of proof as a deed under the side or even the deed is null and void by law, it will cause harm to the parties.

Pemikiran Abdullah An-Na`Im Tentang Teori Evolusi Syari`Ah (Nasakh) Dan Relevansinya Dengan Metode Istinbath Hukum Islam Dwi Sagita Akbar; Afifi Fauzi Abbas
Alhurriyah Vol 5, No 1 (2020): Januari - Juni 2020
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

In order to offer a transformative discourse Abdullah Ahmad An-Na'im build a method he called with the evolution of Shari'ah (abrogated). According to him the method can respond to contemporary issues at this time. Because he assumed that abrogating is one of the principal methods and has a wide and high complexity in theology and fiqh (jurisprudence) of Islam. He tries to deconstruct abrogated method and also some methods of ijtihad that had been considered settled by the classical scholar. Abdullah Ahmad An-Na'im radically have done repeated studies against the epistimologi Islamic law as well as the mereformulasi return and customize it with the standard of human rights as well as international law as a benchmark. The method developed by Abdullah Ahmad An-Na'im, he stated three important things that need to be done to realize the abrogating. Text, values of humanity, and logic. He also overestimated human rights, so that a text (paragraph) may be enforced in accordance with human rights. In order to answer the legal issues of contemporary Islam.

Notary’s Responsibility in Making of Deed Due to Land Acquisition Containing Criminal Corruption Yogi Maron; Ismansyah Ismansyah; Azmi Fendri
Alhurriyah Vol 5, No 1 (2020): Januari - Juni 2020
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

As happened to the Notary Eli SatriaPilo, S.H, Mkn, who was appointed as the Notary who made the Deed of Relinquishment of Land Rights in the Land Acquisition activities for the Construction of Campus III of the State Islamic Institute (IAIN) of Padang which was located in Sungai Bangek District, Padang in 2010. The method used was descriptive, in which describing the applicable legislation associated with legal theory in the facts and realities about the Notary’s Responsibility in Making Deed of Land Acquisition for the construction of Campus III of IAIN Padang in Sungai Bangek. This study used a Normative Juridical approach, in which researching by using and processing secondary data or literature related to the study. The data collected were in the form of primary data obtained from the District Court of Padang, secondary data obtained from secondary legal materials and primary legal materials. Based on the study, it was found that the role of Notary Eli Satria Pilo, in the land acquisition of campus III IAIN was proven to have misused the authority resulting in violation of the Notary Ethics Code and was responsible for accepting termination disrespectfully. Furthermore, he was also shown to be committing a Criminal Corruption made based on the Deed of Relinquishment of Land Rights in the land acquisition for the construction of Campus III of IAIN Padang, so that the State incurred losses of Rp. 1.946.701.050 (one billion nine hundred forty-six million seven hundred one thousand and fifty rupiahs). And he was responsible for receiving and carrying out the sentence that had been handed down by the District Court of Padang, a prison sentence of 4 (four) years, and paying a fine of Rp. 200.000.000 (two hundred million rupiahs).

Legal Protection in The Implementation of Akad Qardh Rizki Rahmatullah
Alhurriyah Vol 5, No 1 (2020): Januari - Juni 2020
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

Credit implementation cannot be separated from the agreement and binds the guarantee that given by the debtor. The binding guarantee is carried out by underhand and carried out with notarial deed and PPAT deed. The binding of loan agreements by creditors is inseparable from the rights and obligations of the parties and legal protection of the parties. The problem is about legal standing, forms of protection and problem solving from the implementation of loan agreements. The research methodology used is an empirical juridical approach. The results of this study indicate that the creditor position in the binding agreement that made by underhand becomes weak because the creditor does not get the preference rights if the debtor is default. The implementation of an underhand loan agreement must be carried out perfectly, binding to the notarial deed must be in accordance with UUJN and binding to insurance. Completion of loan agreements with notification, rescue and restructuring of loans with restructuring, composition of loans with litigation and non-litigation, elimination of loans. Advice to Swamitra Minang Alam Sentosa, binding of loan agreements must be carried out with authentic deeds in accordance with UUJN by shared costs, and the insurance accordance with the loan term.

Perlindungan Hukum Bagi Konsumen Dengan Adanya Klausul Eksonerasi Dalam Perjanjian Baku Sewa Guna Usaha (Leasing) Alfikhi Abdul Rahman
Alhurriyah Vol 5, No 1 (2020): Januari - Juni 2020
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

The problems examined in this paper are: How is the material content of the exoneration clause in the lease standard agreement that causes losses for consumers of PT. Dipo Star Finance branch of Padang and how the judges consider in deciding the principal case of leasing based on Decision Number 4/Pdt.G/2017/PN.Pdg. In this study, the method used is normative juridical which is descriptive where the datas are sourced from primary and secondary data obtained based on the study of documents analyzed qualitatively. From this research, it can be concluded that at the time of making the finance lease agreement there is a will of disability regarding article 29 of the lease agreement and is an exoneration clause that is very detrimental to the consumer. Lesse does not know that collateral for other agreements is a guarantee of the object of the agreement that has paid off. Based on the judgment of the judge and the statement from the witness of the agreement law, article 29 of the lease agreement binds both parties based on the principle of pacta sunt servanda, but no statement or word is found which confirms that the guarantee for the agreement that has ended is a guarantee against other agreements, so that the guarantee becomes multi-interpretation. Article provisions relating to agreement one with other agreements in the agreement is very detrimental to consumers and contrary to article 10 letter (c) of Law Number 8 of 1999 concerning Consumer Protection.

Kedudukan dan Tanggung Jawab Notaris Penerima Protokol Notaris yang Meninggal Dunia Eko Permana Putra; Yuliandri Yuliandri; Azmi Fendri
Alhurriyah Vol 5, No 1 (2020): Januari - Juni 2020
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

answer the needs and interests of the community of legal certainty, as stated in the agreements, agreements and agreements made by the parties in the form of authentic deeds. The making of an authentic deed as a perfect proof and no further evidence is needed to strengthen the arguments in a legal case. Authentic deed consists of minuta deed and a copy of the deed. Minutes of deed are kept by a Notary who is part of the Notary protocol which must be kept and maintained by the notary because it is a state archive. Article 1 number 8 of the UUJN states that "Authentic Deed that is kept as a notary protocol is minuta deed, that is, the original deed which includes the signatures of the registrants, witnesses, and Notary that are kept as part of the notary protocol. Notary recipient of other notary protocols obliged to save this deed is not responsible for the contents of the deed of the notary protocol that it receives. The notary is obliged directly to the Notary protocol. The death of a Notary Public, in addition to leaving problems regarding work pending, of course, will also leave other problems related to the Notary protocol. Notary recipient of the Notary protocol is not the deed maker of the Notary protocol submitted to him. The notary recipient of the protocol can provide services to the client or the public by issuing a grosse deed, a copy of the deed and a citation of the deed of minuta deed which is part of the Notary protocol that has been submitted to him.

Pendaftaran Peralihan Hak Atas Tanah Berdasarkan Akta Pengikatan Perjanjian Jual Beli di Kota Padang Vicia Elittrosint
Alhurriyah Vol 5, No 1 (2020): Januari - Juni 2020
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

Each Land Office has a different policy in accepting return registration of certificates based on PPJB, some accept and some reject. Based on this description, the author is interested in discussing this thesis with the title "Registration of Transfer of Land Rights Based on the Binding Deed of Purchase Agreement at the National Land Agency Office in Padang City." The problem is, How is the Process of Making a Sale and Purchase Binding Agreement (PPJB) for Registration of Land Rights In Kota Padang, How Is Legal Strength Against Proof of Binding of Contract of Purchase (PPJB) In the Process of Registration of Transfer of Land Rights at the National Land Agency Office in Padang City, What Is the Process for Registration of Transfer of Land Rights in the Deed Phase of the Binding Agreement of Purchase (PPJB) in Padang City National Land Agency Office. The writing of this thesis uses empirical juridical methods that determine the field in court with the legal aspects or regulations that apply with respect to the object of research. Copyright and implementation of the Registration of Transfer of Land Rights Based on the Binding Deed of Purchase Agreement at the Office of the National Land Agency in Padang City has not been fully implemented properly or it has not been effective.

Memaknai Perolehan Rezki dalam Hukum Ekonomi Syariah Endri Yenti; Hasramita Hasramita; Hanif Aidhil Alwana
Alhurriyah Vol 5, No 2 (2020): Juli - Desember 2020
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v5i2.3613

Islam as a religion that has universal teachings, not only talks about aqidah as the main foundation of people in adhering to religion, but also teaches good relations among humans (muamalah). In Islam, the discussion of economics cannot be separated from the concept of sustenance, some people assume that sustenance is identical to property, because economic activity is an activity to fulfill material needs or property (al-Mal) as a life support. Economic activity is an effort to fulfill basic human needs in order to worship Allah SWT. Therefore, it must be ensured through the rules and methods justified by sharia. Although in principle various types of muamalah are permitted, the concept of usury is strictly not justified in sharia economic law, so it must also be ensured that in meeting daily needs, Muslims must obey these limits and provisions. The method used in this paper is to reveal the meaning of the limitations (arguments) of the Qur'an and Sunnah regarding the acquisition of sustenance then analyzed based on the sociological ethical aspects of Islamic economic law activities. And in this paper the activities of usury and gharar are one of the enemies of Islamic economics in the perspective of Islamic law.Islam sebagai suatu agama yang memiliki ajaran universal, tidak hanya bicara tentang aqidah sebagai pondasi utama umat dalam menganut agama, tapi juga mengajarkan hubungan baik sesama manusia (muamalah). Dalam Islam, bahasan ekonomi tidak terlepas dari konsep rezki, sebagian masyarakat mengasumsikan bahwa rezki identik dengan harta, karena kegiatan ekonomi merupakan aktifitas pemenuhan kebutuhan material atau harta (al-Mal) sebagai penyangga kehidupan. Aktifitas ekonomi merupakan usaha pemenuhan kebutuhan dasar manusia dalam rangka menjalankan ibadah kepada Allah SWT. Oleh karenanya mesti dipastikan melalui aturan dan cara yang dibenarkan syariah. Sekalipun pada prinsipnya, berbagai jenis muamalah dibolehkan. Konsep riba dengan tegas tidak dibenarkan dalam hukum ekonomi syariah, maka harus dipastikan pula dalam pemenuhan kebutuhan sehari-hari, umat Islam harus patuh pada batas dan ketentuan tersebut. Metode yang digunakan dalam tulisan ini ialah dengan mengungkap makna batasan (dalil) dari al-Qur`an dan Sunnah tentang perolehan rezki, kemudian dianalisis berdasarkan aspek etik sosiologis aktifitas hukum ekonomi Syariah. Dan dalam tulisan ini, aktifitas riba dan gharar menjadi salah satu musuh ekonomi dalam persepktif ekonomi syariah.

Page 17 of 21 | Total Record : 202

15 16 17 18 19

Filter by Year

2009 2022

Filter By Issues

All Issue Vol 7, No 1 (2022): January - June 2022 Vol 6, No 2 (2021): July - December 2021 Vol 6, No 1 (2021): January - June 2021 Vol 5, No 2 (2020): Juli - Desember 2020 Vol 5, No 1 (2020): Januari - Juni 2020 Vol 4, No 2 (2019): Juli-Desember 2019 Vol 4, No 1 (2019): Januari-Juni 2019 Vol 3, No 2 (2018): Juli - Desember 2018 Vol 3, No 1 (2018): Januari-Juni 2018 Vol 3, No 1 (2018): Januari-Juni 2018 Vol 2, No 2 (2017): Juli-Desember 2017 Vol 2, No 1 (2017): Januari - Juni 2017 Vol 1, No 2 (2016): Juli - Desember 2016 Vol 1, No 1 (2016): Januari - Juni 2016 Vol 16, No 2 (2015): Juli - Desember 2015 Vol 16, No 1 (2015): Januari - Juni 2015 Vol 15, No 2 (2014): Juli - Desember 2014 Vol 15, No 1 (2014): Januari - Juni 2014 Vol 14, No 2 (2013): Juli - Desember 2013 Vol 14, No 1 (2013): Januari - Juni 2013 Vol 13, No 2 (2012): Juli - Desember 2012 Vol 13, No 1 (2012): Januari - Juni 2012 Vol 12, No 2 (2011): Juli - Desember 2011 Vol 12, No 1 (2011): Januari - Juni 2011 Vol 11, No 2 (2010): Juli - Desember 2010 Vol 11, No 1 (2010): Januari - Juni 2010 Vol 10, No 2 (2009): Juli - Desember 2009 Vol 10, No 2 (2009): Juli - Desember 2009 Vol 10, No 1 (2009): Januari - Juni 2009 More Issue

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota bukittinggi,

Sumatera barat

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name -

Contact Email -

Phone -

Journal Mail Official -

Editorial Address -

Location Kota bukittinggi, Sumatera barat INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
-

Contact Email
-

Phone
-

Journal Mail Official
-

Editorial Address
-

Location
Kota bukittinggi,

Sumatera barat

INDONESIA