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Al Hurriyah : Jurnal Hukum Islam
Published by Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi
ISSN : 25493809     EISSN : 25494198     DOI : https://dx.doi.org/10.30983/alhurriyah
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Al Hurriyah: Jurnal Hukum Islam is a journal which publishes the research results related to the Islamic law from various disciplines or interdisciplinary such as Sharia Economy Law or Islamic Economy Law/Muamalah, Islamic Constitutional Law/Siyasah, Islamic Family law/Ahwal Al-Shakhsiyah, Islamic Criminal Law/Jinayah, Islamic Law Methodology or Methodology of Islamic Law/Maqashid Sharia, and Sociology of Islamic Law. The editorial team invites the researchers, scholars, and Islamic studies and social observers to submit the research result article which has never been published in the media or other journals. Al Hurriyah is published twice a year, in June and December.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 410 Documents
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EKSISTENSI USHUL FIQH DALAM TAFSIR REALITAS SOSIAL DAN PERANAN PESANTREN DALAM MENJAGA DAN MENGEMBANGKANNYA Ismail, Ismail
Alhurriyah Vol 4 No 1 (2019): Januari-Juni 2019
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v4i1.1264

Abstract

Realitas sosial adalah kenyataan atau fakta yang terjadi dalam kehidupan masyarakat. Ia selalu berubah dan berkembang sesuai dengan perubahan dan perkembangan zaman. Dalam ajaran Islam realitas sosial tidak dibiarkan mengalir begitu saja, melainkan ada syariat yang mengatur dan mengarahkannya kepada sesuatu yang diridhai oleh Allah SWT. Ushul fiqh sebenarnya cukup bisa memberikan respon terhadap realitas sosial. Hanya saja, bukan ushul fiqh yang bertumpu pada makna teks. Melainkan, dengan ushul fiqh baru yang lebih mengedepankan sisi nalar atau bertumpu kepada maqashid syari’ah, yakni makna atau tujuan yang ada di balik teks. Ushul fiqh yang semacam ini yang kemudian juga mampu melahirkan fiqh kontekstual atau fiqh sosial yakni fiqh sebagai respon terhadap realitas sosial masyarakat. Pesantren sendiri sebenarnya sangat potensial untuk menjaga dan mengambangkan ilmu ushul fiqh semacam ini. Sebaliknya, tidak berkutat dengan fiqh tradisional (klasik) begitu juga ushul fiqh tradisional yang hanya terpaku kepada makna-makna literal.
UPAYA HUKUM PENYELESAIAN SENGKETA ANTARA KONSUMEN DENGAN PENGEMBANG PT. NAJAH BINTANG SEJAHTERA DI KOTA PEKANBARU Wirawan, Dwi Weka; Yulfasni, Yulfasni; Mannas, Yussy Adelina
Alhurriyah Vol 4 No 1 (2019): Januari-Juni 2019
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v4i1.1351

Abstract

House buying and selling is very vulnerable and problems often occur to cause disputes, This research was conducted in an empirical juridical way, the nature of descriptive analysis was by qualitative data analysis, The absence of consumer understanding of the buying and selling process in a contract carried out with the developer and there are still those who do not understand the contents of a contract and there are still developers with consumers making agreements under the hand that are not in accordance with the Laws and Regulations, Housing developers must be responsible for losses suffered by consumers, The legal effort that can be made by consumers is by taking a solution in a way outside the court of non-litigation and litigation through the general court, Consumer dispute resolution is first resolved by means of consensus agreement or peacefully if there is no further settlement, it can be done through a way of settlement outside the court (non litigation) or through a public court (litigation) either civil or criminal. 
PUTUSAN PENGADILAN NEGERI PADANG NOMOR: 69/Pdt.G/2009/PN.Pdg TENTANG HIBAH WASIAT PERSPEKTIF HUKUM ISLAM Rahmawati, Suci
Alhurriyah Vol 4 No 2 (2019): Juli-Desember 2019
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

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

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v4i2.1437

Abstract

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.
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) Ikhsan, Dia; Ismansyah, Ismansyah
Alhurriyah Vol 4 No 1 (2019): Januari-Juni 2019
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v4i1.1438

Abstract

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 LELANG EKSEKUSI PANITIA URUSAN PIUTANG NEGARA DITINJAU DARI ASPEK HUKUM ADMINISTRASI NEGARA Rahayu, Gustina; Suharizal, Suharizal
Alhurriyah Vol 4 No 1 (2019): Januari-Juni 2019
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v4i1.1501

Abstract

The Committee for State Debt Affairs (PUPN), which is in the center of the capital city of the State, is a committee to streamline the implementation of authority and duties. An institution called the State Receivables Affairs Agency was renamed the State Debt and Auction Agency which has now changed the Directorate General State Accounts Receivable and Auction which is then the Directorate General of State Assets, this Agency is directly under and is responsible to the Minister of Finance for operations in the city and regency areas. The Office of State Receivables and Auction Management is formed (hereinafter referred to as KPKNL) the name is the State Wealth and Auction Office (hereinafter referred to as KPKNL). Confiscated Auction of the State Receivables Affairs Committee is an auction carried out on confiscated goods of the State Receivables Affairs Committee which is a debt guarantee at state banks. if given by a government bank to a debtor when faced with a problem the debtor cannot repay his credit payment based on a agreed credit agreement, the bank has taken measures so that the debtor can pay off his credit payments, so in the case of non-performing loans as state accounts uncollectible. This research is a sociological juridical, namely the approach taken to applicable legal norms is related to the facts in the field. That since the issuance of the Decision of the Constitutional Court Number 77 / PUU-IX / 2011 concerning the testing of Law Number 49 Prp Year 1960 concerning the Committee on State Receivables with the State Constitution of the Republic of Indonesia in 1945 resulted in the decision that the Bank's State Owned Enterprise Receivables are not Other State Receivables so that the settlement of Receivables is no longer delegated to the Committee of State Receivables Affairs but the settlement of the Receivables can be settled through the mechanism of each banking company using the principles of a sound banking company. Based on the results of this study, suggestions are suggested. Further study in the State Financial Law relating directly to the State Debt Affairs Committee Execution concerning the delegation of authority previously carried out by the State Debt Affairs Committee under the Minister of Finance was then carried out through the mechanism of each banking company because this is directly related to the accountability of State finances.
HUKUM ISLAM DALAM KERANGKA PEMBARUAN HUKUM PIDANA DI INDONESIA, DILIHAT DARI PERSPEKTIF TEORI HUKUM PEMBANGUNAN MOCHTAR KUSUMAATMADJA Irawan, Aris
Alhurriyah Vol 4 No 2 (2019): Juli-Desember 2019
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v4i2.1571

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v4i2.1631

Abstract

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.
PENYELESAIAN SENGKETA WAKAF TANAH DI KECAMATAN BAYANG OLEH PENGADILAN AGAMA KELAS II PAINAN KABUPATEN PESISIR SELATAN Leonando, Yose
Alhurriyah Vol 4 No 2 (2019): Juli-Desember 2019
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v4i2.1632

Abstract

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.
KEMERDEKAAN MENYAMPAIKAN PENDAPAT DIMUKA UMUM SEBAGAI MAKAR MENURUT KUHP Fauzie, Fanny
Alhurriyah Vol 4 No 2 (2019): Juli-Desember 2019
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v4i2.2084

Abstract

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.

Page 36 of 41 | Total Record : 410

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