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Jurnal el-Qanuniy beralamat di jalan T. Rizal Nurdin Km. 4,5 Kelurahan Sihitang Kecamatan Padangsidimpuan Tenggara Kota Padangsidimpuan Kode Pos 22733 berlokasi di Gedung Fakultas Syariah dan Ilmu Hukum IAIN Padangsidimpuan
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Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial
Published by Institut Agama Islam Negeri Padangsidimpuan
ISSN : 24426652     EISSN : 25807307     DOI : https://doi.org/10.24952/el-qonuniy.v5i1
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial diterbitkan oleh Fakultas Syariah dan Ilmu Hukum, Institut Agama Islam Negeri Padangsidimpuan. Jurnal el-Qanuniy pertama kali diterbitkan pada tahun 2005 berdasarkan SK No. 0005.079/JI.3.2/SK.ISSN/2015.03 tanggal 27 Maret 2015 dan ISSN: 2442-6652. Jurnal el-Qanuniy juga memiliki ISSN elektronik: 2580-7307 berdasarkan SK No. 0005.25807307/JI.3.1/SK.ISSN/2017.07 tanggal 8 Juli 2017 yang mulai digunakan pada Volume 3 Nomor 1 Edisi Januari-Juni 2017.
Arjuna Subject : Umum - Umum
Articles 163 Documents
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Identifikasi Upaya Hukum Putusan No.456/Pdt.G/2018/Pa.Gtlo: Studi Kasus Sengketa Ekonomi Syariah Cahyani, Putri Tri; Sururie, Ramdani Wahyu; Rahmani, Salma
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 2 (2024)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v10i2.13610

Abstract

The rapid development of the Islamic economy in Indonesia has given rise to various legal disputes that require special attention, particularly those related to the execution of mortgage rights in Islamic banking. These disputes are often complex, involving considerations of both Sharia principles and prevailing positive law. This research aims to analyze Decision No. 456/Pdt.G/2018/PA.Gtlo along with its related appeal and cassation decisions, to understand the dynamics and implications of such disputes. A case study approach is employed in this normative legal research methodology, with primary data in the form of court decisions were qualitatively analyzed. The research findings reveal a consistent pattern in court decisions, across the first instance, appeal, and cassation levels, rejecting the lawsuit for the annulment of mortgage execution. This rejection is based on several reasons, including formal defects in the filing of the lawsuit, the prohibition of retrying a case (ne bis in idem), and limitations on the scope of cassation review. These findings emphasize the importance of a deep understanding of the legal procedures applicable to disputes in Islamic economics, especially in the context of mortgage execution. Misunderstanding or negligence in fulfilling legal procedures can have serious consequences, such as the rejection of a lawsuit and losses for the disputing parties. Furthermore, this research highlights the importance of carefulness in filing lawsuits, particularly concerning formal and substantive aspects, to avoid unnecessary retrials.
Harmoni Multikultural; Keragaman dalam Penyelesaian Sengketa di ASEAN, Uni Eropa dan Liga Arab Margolang, Fahmi Ihsan; Zahrani, Rahma; Sapriliani, Syara; Mushlih, Taufik
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 1 (2024)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v10i1.11386

Abstract

This study explores the role of cultural diversity in dispute resolution within ASEAN, the European Union, and the Arab League. Using a qualitative library research method, this study analyzes relevant literature through the lens of multiculturalism and regional integration theories. Multiculturalism emphasizes the importance of cultural recognition, while regional integration theories, such as neo-functionalism and intergovernmentalism, highlight the roles of supranational institutions and member states. The findings indicate that cultural diversity influences dispute resolution approaches in the three organizations. ASEAN prioritizes consensus, the European Union employs legal mechanisms, while the Arab League faces internal political challenges. This study concludes that cultural recognition and robust institutional frameworks are key to effective dispute resolution.
Penundaan Pembagian Warisan: Tradisi Menjaga Keharmonisan Keluarga Ditinjau Dari Sosiologi Hukum Islam Muhammad Artho' Mudzhar Ridwan, Muhammad
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 1 (2024)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v10i1.10954

Abstract

This study aims to examine the delay in the distribution of heritage assets to the people of Padangsidimpuan. Interestingly, some people in Padangsidimpuan City want to divide the inheritance when both heirs have died, all heirs have been married, and the most share (portion) for the oldest child. Therefore, there are often delays in the distribution of inheritance because they do not find agreement between families.  This type of research is normative juridical legal research, while the data collection technique used is an interview with people who postpone the distribution of inheritance, namely the people of Padangsidimpuan. The results of this study show that the people of Padangsidimpuan City postponed the distribution of inheritance because they maintain the benefit of the family. This tradition has been valid for a long time, because the majority of the population adheres to the customary system (dalihan na tolu) which upholds the value of togetherness (ahwal). In addition, the fundamental reasons for delaying its implementation are that the heirs are not yet mature, no one has finished school, there is a biased assumption from the community when distributing inheritance (an heir dies) because they are considered greedy for inheritance.
Dilema Hukum Dalam Pengangkatan Anak Oleh Pekerja Migran Indonesia Di Malaysia Habibie, Dieva Ahmad; Sadjeli, Siti Soraya; Gabriella, Theresia; Rasyed, Muhammad Al; Saarah, Arini; Ramadhani, Dwi Aryanti
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 2 (2024)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v10i2.13900

Abstract

This study examines the differences in child adoption regulations between Indonesia and Malaysia, and their impact on the legal protection of children adopted by Indonesian migrant workers in Malaysia. Employing a socio-legal approach, this study analyzes the regulations in both countries as well as relevant literature on child protection and international migration. The findings reveal that discrepancies in regulations, particularly regarding adoption procedures and recognition of citizenship, result in legal uncertainties for adopted children. These children often face difficulties in obtaining birth certificates, legal identity, and access to basic rights such as education and health. This study highlights the importance of harmonizing regulations between the two countries and strengthening international cooperation to protect the rights of children adopted by migrant workers. The practical implications of this research include the need for more comprehensive policies to protect cross-border children and to raise public awareness of the importance of child protection.
Perlindungan Hukum Terhadap Anak Dibawah Umur Pasca Perceraian Perspektif Undang-Undang Perlindungan Anak No 35 Tahun 2014 Harahap, Hilal Haitami; Harahap, Mhd. Yadi
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 2 (2024)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v10i2.12350

Abstract

This scholarly inquiry aims to ascertain the legal status of offspring conceived within matrimonial bonds, as well as the statutory regulations concerning Custody rights post-Divorce. Through the application of normative jurisprudential analysis, the findings indicate that the status of children conceived within such unions holds legal validity and constitutes a significant aspect of the child's welfare. This is stipulated under the provisions of Law Number 1 of 1974, specifically in Chapter IX, Articles 42 to 43. Concerning Child Protection and Custody rights post-Divorce, the law mandates that both parents continue their responsibilities to nurture and educate their offspring, prioritizing the child's best interests. Should conflicts arise over Custody, the judiciary is tasked with resolving these by issuing rulings, as stipulated in Article 41(a) of Law No. 1 of 1974 on Marriage. The legal onus for covering the child's upkeep and educational expenses rests with the father. However, should the father prove incapable of meeting these responsibilities, judicial discretion under Article 41(b) allows for the assignment of these financial obligations to the mother. Additionally, the court holds the authority to mandate financial support from the former husband and may specify the financial duties of the former wife. The research results show that the main aim of Child Protection is to ensure that all children's rights are fulfilled so that they are able to live and develop well, and contribute in accordance with human values and dignity. This includes getting protection against acts of violence and discrimination to achieve the vision of creating a quality, virtuous and prosperous Indonesian generation.
Status Kewarisan Anak Luar Kawin Dalam Perspektif Hukum Positif dan Hukum Islam Pasca Putusan MK Nomor 46/PUU-VII/2010 Imadudin, Agung Nursufa
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 1 (2024)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v10i1.10968

Abstract

An illegitimate child will have legal consequences, namely having no legal relationship with his or her biological father, both regarding education and inheritance. Constitutional Court Decision Number 46/PUU-VII/2010, provides the position and rights of children outside of marriage, giving rise to dualism in its application. It is necessary to examine more deeply the status of inheritance rights of illegitimate children according to normative juridical and Islamic law, as well as what the status of inheritance rights of illegitimate children is after the Constitutional Court decision. In Islamic law and positive law, it is stated that illegitimate children cannot be assigned to their (biological) father. This means that illegitimate children cannot inherit from each other between the child and his father and his father's family based on the consensus of the ulama. The Constitutional Court's decision provides the right for illegitimate children to have a civil relationship with their father, as long as it can be proven based on science and technology and/or other legal evidence. In its implementation, this decision still requires an explanation in the form of legislation that regulates the extent of a child's civil relationship with their biological father.
Kesadaran Hukum Dalam Pemenuhan Hak Disabilitas Perspektif Hukum Keluarga Nuraini, Diah; Solichin, Nur Mifchan; Umam, Khotibul
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 1 (2024)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v10i1.10940

Abstract

Legal awareness in disabled families shows a fifty-fifty point, where someone with a disability has the courage to try to get married and fulfill their rights and obligations as a husband, especially the right to support their family. Although not all blind families know and understand the details of marriage law such as marriage conditions, rights and obligations of husband and wife, child gifts, as contained in applicable family law principles. Efforts to work coupled with skills and job opportunities have grown significantly, in Indonesia in 2022, there will be 720,748 disabled workers, an increase from 277,018 people in 2021. On the other hand, awareness of disability law in the public sphere is still lacking, where it is still limited. access to facilities and infrastructure at Special Schools and Community Learning Activity Centers at the village level which motivates increasing insight and skills with disabilities as an improvement in living standards, whereas in the realm of legal apparatus, judiciary and correctional institutions, there is minimal implementation of the fulfillment of disability rights, such as supporting facilities for sign language interpreters and the use of Braille, disabled-friendly building facilities and legal information outreach to people with disabilities.
Hak Konstitusional Bagi Penyandang Disabilitas Perspektif Siyāsah Wibowo, Irham; Rahmah, Nur
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 2 (2024)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v10i2.13162

Abstract

The purpose of law is closely related to natural rights, because humans as legal subjects have the right to freedom, the right to life, and the right to property. These rights originate from human nature which is independent of all forms of legal systematics and constitutional practices. The logical consequence that needs to be understood is that the government must be able to provide guarantees to all its citizens, not oppress or exploit them. Automatically, every citizen has the same rights and opportunities in various fields. One of the rights for citizens guaranteed by the constitution is political rights. Of the hundreds of millions of Indonesian citizens there is a group called people with disabilities. Their existence is accommodated through Law Number 8 of 2016 concerning Persons with Disabilities. In Article 13 letter (a) of Law Number 8 of 2016 concerning Persons with Disabilities, it is stated that they have political rights, namely to vote and be elected to public office. These statutory regulations open up the same opportunities as people in general and at the same time confirm that the constitutional mandate in Article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia has been carried out. So the logical consequence is that public office is no longer a privilege for elite groups, so that people with disabilities can elect and be elected as executive officials, members of the legislature or judiciary, as well as positions in other institutions or bodies. People with disabilities are not miserable people whose existence is underestimated. In the siyāsah perspective, they are the same as other humans. Islam never discredits certain groups, but Islam mainstreams justice and generalizes services for its people, including people with disabilities. This article underlines the need for active involvement of people with disabilities in Indonesia in political activities. In fact, they also have the same opportunities and opportunities as people in general to fulfill all kinds of constitutional rights, such as voting and being elected in general elections. Meanwhile, the context of Siyasah Syar'iyyah is strengthened through His words in Surah al-Maidah verse 8 that the command to do justice to humans includes fulfilling all the rights of people with disabilities among us.
Tinjauan Aksiologi Terhadap Pensyariatan Iddah Perspektif Psikologi Hukum Keluarga Hasanah, Uswatun; Harahap, Abdul Aziz
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 2 (2024)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v10i2.13051

Abstract

Iddah in Syara’ for divorced women is not just a waiting period, but an important process that must be passed to achieve ultimate peace, both mentally and physically. This research aims to trace the complex stages that women go through during the Iddah period, using field research methods with a descriptive analysis approach. The results show that the Iddah period serves as a means of psychological tranquillization in line with the principles of shara'. This process can be successful if the woman is patient and stays away from proposals that are contrary to sharia, as explained in the texts of the Qur'an and Sunnah. Therefore, women are encouraged not to put on makeup and to observe a period of mourning, as a form of devotion and an effort to get closer to Allah SWT.
Menelisik Pertumbuhan Hukum Ekonomi Islam; Sudut Pandang Berbagai Faktor Di Indonesia Siregar, Indah Permatasari; Khairiyahtussolihah, Assa’adatul
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 1 (2024)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v10i1.10988

Abstract

Starting from the Islamic way of life which also teaches about economics, economic problems arise in Islam. Not only in conventional economics, economic problems arise in Islam, resulting in the decline of Islamic economics. Apart from that, Islamic economics is experiencing growth as a result of the current crisis, this is a reminder for the general public to study Islamic economics, of course the presence of Islamic economics is a source of hope for many people. Because Islamic economics has many benefits for the entire community and will continue through education and gradual steps. The purpose of this study is to examine the factors that influence the growth of the Islamic economy in Indonesia Library research is the search for research data or information through reading scientific journals, reference books, published economic growth reports, and other publications that support this writing. The data used is secondary data derived from a variety of relevant literature. To answer research questions, many sorts of data and information are evaluated and synthesized. The study's findings reveal that human capital, the number of people on the planet, the amount of available land, the number of syariah firms, and the availability of technology all have an impact on economic growth.

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