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JALAN T RIZAL NURDIN KM 4,5 SIHITANG PADANGSIDIMPUAN, Padangsidimpuan, Provinsi Sumatera Utara
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Jurnal El-Thawalib
Published by Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan
ISSN : -     EISSN : 28287231     DOI : https://doi.org/10.24952/el-thawalib.v3i3
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Hukum Keluarga Islam, Hukum Tata Negara,Hukum Pidana Islam, Hukum Ekonomi Islam, Ilmu Alquran dan Tafsir
Arjuna Subject : Ilmu Sosial - Hukum
Articles 293 Documents
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Penerapan Teori Diversi Terhadap Kasus Anak Ditinjau Dari Hukum Pidana Islam Rosmida Wati Siregar; Ihsan Helmi Lubis
Jurnal El-Thawalib Vol 3, No 6 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i6.6665

Abstract

The problem in this study is the application of diversion at the Padangsidimpuan Police Station in terms of Islamic Criminal Law. The type of research used in this research is field research, using a Juridical Empirical approach, primary data sources are Padangsidimpuan City Police investigators and secondary data sources are books, journals and others. Data collection techniques used consisted of interviews, observation, and documentation. Qualitative descriptive data analysis techniques. The results of this study are the application of diversion efforts at the Padangsidimpuan City Police has not been fully implemented in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System by taking into account the best interests of children (victims and suspects), the parties invited for diversion include: victims and family, suspect and family, BAPAS, Bapemas, institutions or social organizations accompanying children. Islamic Criminal Law Review In Islah, criminal acts that cannot be pursued are criminal acts that fall into the Hudud category such as adultery, accusing adultery, alcohol, apostasy and rebellion. Apart from these categories, peaceful means can be taken even if it involves serious crimes such as murder and so on. While in diversion, the benchmark is the period of confinement. Peace efforts can be pursued while threatened with imprisonment under 7 years and not a recidivist.
Implementasi Peraturan Bupati Mandailing Natal Tentang Pakaian Muslim Dan Muslimah Riski Padilah
Jurnal El-Thawalib Vol 3, No 6 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i6.6660

Abstract

This research examines Mandailing Natal Regent Regulation Number 16 of 2019 concerning Muslim and Muslimah Clothing for State Civil Apparatuses in Mandailing Natal District in the Siyasah Fiqh Perspective. This research is a field research with a qualitative approach, the primary data source is the Mandailing Natal Regent's office. The primary data source in this study was data obtained from the head of the legal section of the Mandailing Natal Regent's office, namely Mr. Nurkholis S.H., M.H, along with staff in the legal, population and general departments at the Mandailing Natal Regent's Office. Secondary data sources for this researcher are books, articles, and other sources related to this research. Data collection techniques in this study are Observation, Interview, and Documentation. With qualitative descriptive data analysis techniques. The results of this study are that the Implementation of Mandailing Natal Regent Regulation Number 16 of 2019 concerning Muslim and Muslimah Clothing for State Civil Apparatuses in Mandailing Natal Regency, namely that there are still many employees who have not fulfilled the values of the Regent's regulations. Obstacles in implementing Regent Regulation Number 16 of 2019, namely for male Muslim employees wearing sarongs sometimes going to the office in a hurry is not possible to wear sarongs because wearing sarongs takes quite a long time, for female Muslim employees wearing the syar'i hijab it is still said to be far from Islamic rules because it still uses thin and newfangled materials. And Review of Fiqh Siyasah on the Implementation of Mandailing Regent Regulations Concerning Muslim and Muslim Women's Clothing for State Civil Apparatuses in Mandailing Natal District. Based on the Qur'an surah An-nisa Verse 59, that is, we are ordered to obey Allah, the Messenger and also the Leader, and the sources of law and our guidance in life are the Al-Qur'an and Hadith, and what is contained in the hadith, namely a leader is not only is responsible to his people but he also has to be responsible to Allah SWT, therefore the leader must make decisions in accordance with the Al-Qur'an and hadith to achieve benefit for humans
Pola Kemitraan Bagi Hasil Plasma Antara PT. Sago Nauli Dengan KUD Hemat Di Kecamatan Sinunukan Syahria Siregar; Hendra Gunawan
Jurnal El-Thawalib Vol 3, No 6 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i6.6654

Abstract

This article discusses the Sharia Economic Law Compilation (KHES) for the production sharing of oil palm plasma land in the village unit cooperative Sinunukan IV, Sinunukan District, Mandailing Natal District. This research is a field research with a qualitative approach, the primary data source comes from the Chairperson of the Cooperative Village Unit for Savings (KUD Hemat), the Management of KUD Hemat, and members of the plasma land owners. Then the secondary data from this research are books, journals, field documents and other sources related to this research. Data collection techniques by interviews, observation, and documentation and data analysis techniques using qualitative descriptive techniques. The results of this study explain that the implementation of profit sharing carried out by the Efficient Village Unit Cooperative (KUD Hemat) is to use a percentage system, namely 80% for community members as owners of oil palm plasma land, commonly referred to as SHP (Harvest Remaining). 20% for the PT, and cooperative management get 1.5% of the 20% given by the company, Muzara'ah and Mukhabarah in KHES are made in 1 CHAPTER namely in CHAPTER IX the first part of Article 255 regarding the pillars and regarding the conditions contained in article 256 -261. In KHES namely in CHAPTER IX the first part of Article 255 regarding pillars are: land owner, cultivator, cultivated land, and contract. In terms of pillars, it is appropriate both in terms of KHES (Compilation of Sharia Economic Law) and from Islamic law. However, in terms of the conditions it has not met, namely related to the land planted, that is, the land to be cultivated must be clearly known, so as not to cause disputes between the parties making the contract. This is what causes these conditions to be less than perfect because according to the observations it was found that the people who got the plasma land did not know the exact location. Based on KHES, in terms of profit sharing, it is in accordance with mukhabarah in the form of a percentage where it is appropriate (not gharar), namely in the form of 80% for community members as owners of oil palm plasma land, commonly referred to as SHP (Remaining Harvest) every month. 20% for the PT, and cooperative management gets 1.5% of the 20% given by the company.
Pertimbangan Hakim Dalam Menjatuhkan Sanksi Tindak Pidana Pencurian Ringan Perspektif Hukum Pidana Islam Rahman Zulfadli Lubis; Zul Anwar Ajim Harahap; Ahmad Sainul
Jurnal El-Thawalib Vol 3, No 6 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i6.6666

Abstract

This article describes the judge's considerations in deciding the sanctions for minor theft from the perspective of Islamic Criminal Law. This type of research is normative. The legal materials of this research consist of primary and secondary legal materials in the form of Decision No: 8/Pid.C/TPR/2019/PN PSP, while secondary legal materials are in the form of books, journals and documents related to Islamic criminal law, data collection techniques with the case study method. In this study, the data analysis technique used is the legal hermeneutic analysis method. The results of this study indicate that in Islamic criminal law, theft can be referred to as ordinary theft when theft consists of four elements, namely the element of property taken secretly, the element of the item taken in the form of property, the element of the property being the property of another person and elements of malicious intent or against the law. While the decision No: 8/Pid.C/TPR/2019/PN PSP only consists of three elements that this crime is referred to as light theft, not ordinary theft. The punishment given is ta'zir punishment. 
Pemberdayaan Masyarakat Melalui BUMDes di desa Janji Manahan Sil Kecamatan Dolok Kabupaten Padang Lawas Utara. Maulidan Taufik Ritonga
Jurnal El-Thawalib Vol 3, No 6 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i6.6661

Abstract

This research examines community empowerment through the Village Owned Enterprise program which is being developed in Janji Silangge Village, Dolok District, North Padang Lawas Regency. This type of research is field research with a Juridical Empirical approach. The primary data sources are the Village Head, Village Officials, Community. Secondary data sources are books, data and documents. Data collection techniques used Observation, Interview and Documentation methods. The data analysis technique is qualitative and descriptive. The results of this study explain that the development process in which the people of Janji Manahan Silangge Village, Dolok District, North Padang Lawas Regency took the initiative to start a process of social activities to improve their own situation and condition. on the edge of tourist attractions. Village-owned enterprise programs, namely water tourism, stalls, lubukban, the process of profit sharing from the village-owned enterprise program of 20%, The supporting factors in the development program for village-owned enterprises are appropriate and running well because Janjimanahan village Silangge is between two regencies, namely Labuhan Batu Selatan and Labuhan Batu regencies, before the dam was made into a tourist spot, this dam has been around for a long time and before this tourist spot existed, this dam was often visited by local and foreign people to visit . The inhibiting factors for the BUM Desa program in Janjimanahan Village, Dolok District, North Padang Lawas Regency, where the village community is envious in running this program and human resources are far different from those in urban areas.
Persepsi Masyarakat Terhadap Praktik Qordh Pada Masa Covid-19 Perspektif KHES Nur Bayyina Harianja; Syafri Gunawan
Jurnal El-Thawalib Vol 3, No 6 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i6.6655

Abstract

This study discusses the lending and borrowing of money carried out by the people of Pangurabaan Village, Sipirok District, South Tapanuli Regency in terms of the Sharia Economic Law Compilation. This type of research is field research with a qualitative approach, the primary data source in this study is the community who practice lending to loan sharks in Pangurabaan Village. Secondary data sources are in the form of books, journals and documents related to this research. Data collection techniques through observation, interviews and documentation. The data analysis technique is a descriptive type of research. The results of the study showed that the factor that influenced the community to borrow money from loan sharks was education, the education of the people of Pangurabaan Village was still low. Second, the work of most people in Pangurabaan Village who carry out loan transactions with loan sharks are farmers/planters and also traders. Third, the lack of working capital. Fourth, the time needed to get money/business capital is faster and easier. Fifth, family economic factors that are not fulfilled. Not everyone can meet the financial value of his family.
Pertimbangan Hakim Terhadap Pelaku Recidive Narkotika (Analisis Putusan Nomor 36/PID.SUS/2021/PN PSP) Rini Anggraini Lubis
Jurnal El-Thawalib Vol 3, No 6 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i6.6667

Abstract

This research was conducted in Padangsidimpuan City, precisely at the Padangsidimpuan City District Court, the problem in this study was the judge's consideration of narcotics recidive perpetrators. This type of research is field research, with a Juridical Empirical approach, there are two sources of data, primary data sources from judges and secondary data sources in the form of books, journals and others. Data collection techniques were carried out through interviews, documentation, then the data obtained from the results of research in the field or literature were analyzed using a qualitative descriptive analysis study. Based on the research, it was found that the aggravating sentence for the defendant in Decision Number 36/Pid.sus/2021/PN Psp, namely because the defendant's actions did not support the Government's program in eradicating narcotics trafficking, then the mitigating factors were that the defendant had already been convicted, the defendant was very sorry and will not repeat his actions. Narcotics crime in decision No. 36/Pid.Sus/PN Psp according to Islamic Criminal Law is threatened with Ta'zir punishment, as well as repetition of criminal acts as stated in Decision No. 36/Pid.Sus/2021/PN Psp without any weighting punishment if someone repeats the same act a second time, but if there is someone who repeats the crime up to 4 (four) times then the sanction is the death penalty. According to the author's analysis, the sentence for the defendant in Decision Number 36/Pid.Sus/2021/PN Psp should be someone who has been convicted according to the criminal procedure law, that is, the punishment is included in an aggravating matter, and according to Islamic criminal law if someone has been punished a second time, the punishment remains the same.
Pelaksanaan Pemungutan Pajak Hotel di Padangsidimpuan Perspektif Fiqh Siayasah Rahmat Batubara
Jurnal El-Thawalib Vol 3, No 6 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i6.6662

Abstract

This study examines the implementation of hotel taxes based on Law Number 04 of 2013 Article 8 concerning the Use of Local Taxes in Padansidimpuan. Taxes are people's contributions to the government and the money is used to build public facilities and help others. This type of research is in the form of field research or field research with a qualitative approach. Primary data sources come from employees of the Revenue Service and employees of the Padangsidimpuan City Hotel, while secondary data comes from related journal articles and books. Data collection techniques with interviews and documentation while data analysis techniques using descriptive qualitative. The results of this study are the implementation of regional regulations of the city of Padangsidimpuan no. 04 of 2013 article 08 regarding regional taxes in the city of Padangsidimpuan are as follows; The implementation of Hotel Tax Collection Based on Regional Regulation of Padangsidimpuan City No. 04 of 2013 Article 08 concerning Padangsidimpuan Regional Tax has not run optimally. This can be seen from the 6 hotels that were the subject of this study. There are two hotels that are late in making tax payments. Then, several obstacles to implementing hotel tax collection in Padangsidimpuan City, namely the lack of awareness of taxpayers about their responsibilities in paying taxes, sanctions that are not working properly. In addition, revenue service officers also do not socialize to taxpayers. A tax payment system that is too complicated makes it difficult for taxpayers to manage files related to taxpayer deposits. Third, regarding the review of siyasa fiqh, the scholars also recommend that tax collection in Indonesia must pay attention to rules such as Islamic law. Indonesia has not yet based its state ideology on Islamic law. Thus, it is necessary to have a thorough study to provide an explanation regarding the payment of taxes for Muslim communities in terms of siyasa fiqh.
Peran Partai Keadilan Sejahtera Pada Pelaksanaan Pendidikan Politik Masyarakat Muslim Kota Padangsidimpuan Arie Afriansyah; Hasiah Hasiah
Jurnal El-Thawalib Vol 3, No 6 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i6.6656

Abstract

This article discusses the review of siyasa fiqh in political education among Muslims in the city of Padangsidimpuan. This research is field research using a qualitative approach, the primary data source comes from the primary data sourced from the Leaders, secretaries of the Prosperous Justice Party (PKS), and community leaders. Secondary data obtained from laws, books, literature and other data. While the data comes from research results, the Legal Dictionary, the Big Indonesian Dictionary, articles on the internet and other materials that are scientific in nature related to the issues to be discussed in this study. Data collection techniques in the form of Observation, Interview and Documentation. While the descriptive data analysis technique. The results showed that the role of the Prosperous Justice Party in the implementation of political education among the people of Padangsidimpuan city. The party has carried out political education, namely by recruiting party cadres, weekly reviews with PKS cadres (trained), in addition to weekly studies, and writing articles on social networks. Obstacles to the Party in carrying out political education are the negative views of society towards political parties, the tendency of people to be less willing or against politics, political parties are seen as prioritizing the interests of the party. efforts made to overcome obstacles in carrying out political education in the city of Padangsidimpuan, trying to increase public trust in political parties while maintaining the good image of the party, Conducting political education to people who have a tendency of high political interest
Pelaksanaan Mediasi Hakim Mediator Di Pengadilan Agama Kota Padangsidempuan Nispu Ramadhan; Adi Syahputra Sirait
Jurnal El-Thawalib Vol 3, No 6 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i6.6663

Abstract

This study examines the implementation of mediator judge mediation at the Padangsidempuan City Religious Court. This type of research is field research with a qualitative approach, the primary data source comes from Mediator Judges at the Padangsidempuan City Religious Court, while the secondary data from researchers are official documents, legal books, both journals and articles related to this research. Data collection techniques in this study used observation, interviews and documentation. Data analysis techniques in this study used descriptive qualitative analysis techniques. The results of this study are the level of effectiveness of the efforts of mediator judges in reconciling divorce cases at the Padangsidempuan City Religious Court, which can be categorized as not maximally effective by looking at the number of divorces that have occurred at the Padangsidempuan City Religious Court. While the factors that influence it are internal factors: legal factors, namely because of the regulations governing mediation with a limited time, actors or law enforcement factors, namely the success of the mediator judge in carrying out his duties in terms of mentality and personality. The facility or facility factor is that the Padangsidempuan City Religious Court has a special mediation room provided, but the parties and the mediator judge have not been able to make optimal use of it. And external factors: customary factors and community factors, namely the litigant party submits his case to the court only to determine whether the divorce is valid or not.

Page 19 of 30 | Total Record : 293

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