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INDONESIA
Tahqiqa: Jurnal Pemikiran Hukum Islam
Published by Sekolah Tinggi Ilmu Syari'ah Al-Hilal Sigli
ISSN : 19784945     EISSN : 28284372     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Tahqiqa : Jurnal Pemikiran Hukum dan Hukum Islam emphasizes the study of law and Islamic law in Indonesia by emphasizing the theories of law and Islamic law and its practices that developed in attendance through the article publications, research reports, and book reviews. We are interested in topics which relate generally to Law and Islamic Law issues in Indonesia. Articles submitted might cover topical issues in : Islamic Law as A Living Law Islamic Family Law Law and Social Studies Constitutional Law (Fiqh Siyasah) Administrative Law Penal Law (Fiqh Jinayah) and Criminology Jurisprudence Islamic Astronomy Observatory The Field of Worship Fiqh Zakat and Waqf Law Thought of Contemporary Islamic Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 149 Documents
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URGENSI DAN STRATEGI KONSERVASI WIBAWA HUKUM DALAM MASYARAKAT M. Akbar
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 13 No. 1 (2019): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v13i1.123

Abstract

Indonesia as a sovereign law state guarantees public order by realizinglegal certainty, fairness and the benefits of established legal products. These threeelements must be realized in the implementation and enforcement of law, so thatthe authority of the law can be felt by the community in increasing awareness andlaw-abiding nature. The principle problem in this study is how to recognize theprotection of human rights which contain the principle of equality before the lawin the life of the community, as well as the quality of legislative legislation in allaspects. The principle of equal treatment before the law is a vital principle inguaranteeing and protecting human rights, insofar as rights and obligations aredeemed balanced and regulated by legislation. Law is present as an intermediary(through a judicial institution) that provides justice for legal subjects who areviolated by their human rights and constitutional rights. This researchrecommends several solutive and constitutional steps as an effort to conserve legalauthority, including; the formulation of appropriate legal legislation, minimizingthe rubber article, having legal certainty, fairness, equal treatment before the law,and effective law.
ETIKA BISNIS DALAM PERSPEKTIF HUKUM ISLAM (STUDI KASUS PADA SWALAYAN KOTA SIGLI) Mariana Mariana; Muhammad Murthaza
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 13 No. 1 (2019): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v13i1.124

Abstract

This study aims to determine the application of business ethics in Sigli citysupermarkets and business ethics practices in the Sigli City supermarket accordingto Islamic law. The research method used in the compilation of this thesis isqualitative, in obtaining data in the field the author uses several methods, namelyusing the library research method (library research), as well as field researchmethods (field research), namely by using interview techniques, documentation,and observation. The results of the study show that the application of businessethics to the Sigli City supermarket with a sample of Makmur Mark, Laut EmasMarket, and Pelita Mark has been good even though it is still not fully, at leastsupermarket owners know Islamic based business ethics where the priority ishonesty, trustworthiness, and quality. And the owner of Prosperous Mark is alsovery eager to invite all supermarket owners or managers to implement businessethics by Islamic law so that this becomes a healthy competition. The legalanalysis of business ethics practices in Sigli City supermarket not all supermarketsin Sigli city apply business ethics by sharia, but the application of business ethicsat the Prosperous Makmur Mark, Laut Emas Market, and Pelita Mark hasreflected Islamic business ethics.
TINJAUAN HUKUM ISLAM TERHADAP PEMBERDAYAAN EKONOMI MUSTAHIK ZAKAT PRODUKTIF DI BAITUL MAL KABUPATEN PIDIE JAYA Muhammad Mahmud; Nadia Mestura
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 13 No. 1 (2019): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v13i1.125

Abstract

This scientific paper discusses "Review of Islamic Law on EconomicEmpowerment Must Be Productive Zakat in the Baitul Mal of Pidie JayaRegency." To examine three fundamental problems, namely: Mechanism ofProductive Zakat Management in Pidie Jaya Baitul Mal, Impact of DistributingProductive Alms on Mustahik Economic Welfare. and Overview of Islamic LawAgainst Management of Productive Alms in Pidie Jaya's Baitul Mal. The researchaims to obtain an overview as mentioned above. Research data obtained in thefield, researchers used several methods, namely field research (Field Research),using the techniques of observation, interviews, and documentation, and libraryresearch (Library Research). The results showed that the productive managementmechanism of zakat in Baitul Mal Pidie Jaya, is a pattern of zakat managementwhereby amil provides zakat funds to mustahik in the form of qardul hasanfinancing (interest-free loans), namely: mustahik is to use the loan funds forbusiness to return some or all of the borrowed funds in a certain period of time.After the funds are returned to amil, then amil transfers the funds to othermustahik. The impact of the distribution of Productive Zakat on the economicwelfare of mustahik. With proper empowerment and allocation, zakat will be apotential source of funds that is used for public welfare for the entire community.Overview of Islamic Law on the Management of Productive Zakat in the PidieJaya Baitul Mal, is the stage of the process of distributing productive zakat tomustahik who receive zakat, this can certainly be in line with social values and theconcept of shari'ah economy which emphasizes that funds must not be idle andmust productive.
PERTANGGUNG JAWABAN PIDANA ANAK DI BAWAH UMUR MENURUT HUKUM ISLAM Nufiar Nufiar
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 13 No. 1 (2019): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v13i1.126

Abstract

Islam upholds the public interest compared to personal interests. In otherwords, the community must take precedence, not the other way around. Thereforeany criminal act that disturbs order and peace of the people is considered as acrime against Allah because crime or criminal acts are something that isprohibited by the Shari'a. In Islamic law, the punishment is given to give adeterrent effect to my guard to realize not to do it again. What's interesting aboutpunishment in Islam as a form of healing, practical, economical and accountable.So in Islamic Law, criminal acts (jarimah) are Syara's bans which are punishable.The prohibition is also sometimes in the form of an act that is prevented, or leavesthat is told. With the mention of syara 'words, it is intended that the prohibitionsmust come from provisions (nasas) syara' and whether or not to do a new act isconsidered as jarimah, if it is punishable by it. Because the commandments andprohibitions come from Syara 'then the commands and prohibitions are onlydirected at people who are of sound mind and can understand the imposition(taklif). Because, in the tradition of Islamic law, the imposition means the call(khithab), and people who cannot understand, such as animals and inanimateobjects, cannot be the object of the Bible. Therefore a sentence will be applied if itfulfills the elements set out in Islamic criminal law.
SISTEM BAGI HASIL PRODUKSI TAMBAK BANDENG DALAM MASYARAKAT SUKA JAYA KECAMATAN MUARA TIGA MENURUT HUKUM ISLAM Safriadi Safriadi
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 13 No. 1 (2019): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v13i1.127

Abstract

This study examines "The Syirkah System in Pond Management IsViewed According to Islamic Law (Case Study in Suka Jaya Village Muara TigaDistrict)." In order to examine three fundamental problems, namely theapplication of syirkah systems in pond management that bring prosperity andsatisfaction to pond farmers in Gampong Suka Jaya; syirkah profit sharing systemin the management of ponds in Suka Jaya Village; and whether or not the syirkahsystem is implemented according to Islamic law. The research aims to determinethe application of syirkah systems in pond management; syirkah profit sharingsystem; and to know the syirkah system among the Suka Jaya community hasbeen carried out according to Islamic law. This study uses descriptive methods,and in obtaining data in the field the author uses several ways, namely fieldresearch (Field Research), using observation, questionnaires, interviews, anddocumentation, as well as Research Library (Library Research). The resultsshowed that the implementation of syirkah cooperation carried out by theGampong Suka Jaya community in the management of ponds gave good resultsbecause the syirkah system could be a blessing by bringing satisfaction to bothparties and can improve welfare in work. Because the implementation of syirkahcarried out by the Gampong Suka Jaya community is in accordance with Islamiclaw.
JUAL BELI KULIT HEWAN QURBAN MENURUT HUKUM ISLAM Yusriadi Yusriadi; Junawati Junawati
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 13 No. 1 (2019): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v13i1.128

Abstract

This research is to reveal the practice of buying and selling Qurbananimal skin in Jeurat Manyang settlement and the purpose of buying and sellingQurban animal skin in kemukiman and how the Islamic law reviews the buyingand selling of Qurban animal skin. This research is a type of qualitative research,with data collection techniques, namely through interviews and documentation.The results showed that the practice of buying and selling Qurban animal skin inJeurat Manyang Settlement was indeed done, with a qabul permit process betweensellers and buyers. The Committee and also the Religious Figures as a guide to theextent to which the application of Islamic law is carried out in the community inaccordance with the Ulama's view. The data collection technique of this researchis interviews and documentation. The results showed that the sale of Qurbananimal skin was indeed done. This is based on the agreement of the ReligiousLeaders and the committee, because the sale of Qurban animal skin is more usefulthan distributed to the community, because the community itself does not want toprocess it. Sales made are in accordance with Islamic law because this is moreuseful
IMPLIKASI SISTEM KEKERABATAN PATRILINEAL TERHADAP KEWARISAN ANAK PEREMPUAN DALAM SUKU ADAT ALAS (Studi Kasus di Kabupaten Aceh Tenggara) Amsanul Amri; Muhammad Nasir
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 12 No. 1 (2018): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v12i1.129

Abstract

The problem of inheritance in society is a social phenomenon that isdirectly related to legal issues. Inheritance in the legal perspective regulates thetransition of property left by a deceased person to his heirs under terms andconditions stipulated under Islamic law, positive law, and customary law thatgrows and develops within a society. With regard to the customary law system ofAlas, the implementation of inheritance in Southeast Aceh Regency there is aregulatory gap between Islamic law and the positive law prevailing in Indonesiawith customary law prevailing in Southeast Aceh Regency, especially regardingthe position of the heir of girls. Theoretically, the kinship system adopted in Alassociety is a patrilineal pattern that draws the lineage from the fathers. This systemin practice has implications for the inheritance of girls who do not seem to havethe right to inheritance. All high-value inheritance collectively is controlled bymale heirs, such as fathers, sons, uncles, grandfathers, even adopted sons can alsohinder the inheritance of girls.
PENERAPAN DISIPLIN TERHADAP APARATUR SIPIL NEGARA DI LINGKUNGAN SEKRETARIAT DAERAH KABUPATEN PIDIE Hamdiyah Hamdiyah
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 12 No. 1 (2018): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v12i1.130

Abstract

Civilian apparatus of state that have integrity, professional, neutral andfree from political intervention, clean from corruption practice, collusion andnepotism, and able to organize public service for society, among others, can berealized if ASN have high discipline in the implementation of the main task andits function -day. Therefore, the Government has set the legal basis fordisciplinary enforcement for the ASN through Government Regulation Number53 of 2010 on Civil Service Discipline. However, in practice within the RegionalSecretariat of Pidie District, there are ASNs who have been sentenced todisciplinary discipline either mild, moderate or severe disciplinary punishment inaccordance with the severity of the offense. However, on the other side it turns outthat the leadership of the Regional Secretariat of Pidie Regency is too careful inapplying punishment against ASN that violates the discipline, besides giving lessreward to the disciplined ASN in performing daily tasks. This research is adevelopment in the field of science and technology in the realm of legal sciencebecause research aims to reveal the truth or at least approach the truth that is madesystematically, methodologically and logically. Therefore, in the writing of thisthesis, juridical normative and empirical sociological research is used. Wherenormative juridical research is research conducted by researching library materialsor better known as secondary data such as books, legislation or other readingmaterial related to the discussion. While empirical sociological research isresearch conducted by researching into the field by conducting interviews orbetter known as primary data. In the Regional Secretariat of Pidie District, theapplication of discipline to ASN is done by apple every Monday morning, attendance by using fingerprint attendance machine (finger print), suddeninspection (sidak) to room section in certain time, and disciplinary punishment.The application of the discipline has not been optimal yet, as the rightful officer istoo careful to impose disciplinary punishment. The obstacles faced by theRegional Secretariat of Pidie Regency in the application of the discipline to ASNin its ranks include many ASNs that take the banking credit, the RegionalSecretariat has not been able to improve the welfare of ASN, the weak supervisionof the direct superior, the occurrence of exemplary crisis among ASN itself, andthe work pattern ASN that is not in accordance with the spirit of transparency. Thelegal arrangement on ASN discipline is sufficiently clear to be regulated in theapplicable legislation, but in its implementation it is not necessarily able to runwell because there are obstacles faced by authorized officials in handling theproblem of ASN discipline. It is suggested to the leadership officers in the ranksof Pidie District Secretariat to pay attention to the ability of loan repayment by ASN when applying for credit and must be known by the leader, many ASN canno longer keep the work discipline because its monthly income is tied to bankcredit which is relatively easy to be taken by ASN from a government bank. Thepolicy of the leaders of the Pidie District Secretariat who decided to underscorethe less disciplined ASN after receiving several warnings should be continued forthe next period. It requires firmness or consistency in disciplinary enforcementagainst anyone who violates the discipline of ASN by disciplining punishment(punishment) in accordance with the level of error. On the other hand, there mustalso be reward to ASN achievers.
MANFAAT, PROSEDUR DAN KENDALA PENDAFTARAN HAK MILIK INTELEKTUAL Sutri Helfianti; Iskandar Iskandar
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 12 No. 1 (2018): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v12i1.131

Abstract

The benefit of registering Intellectual Property of an Brand IntellectualWork is essential to protect our creative assets. The indifference in themaintenance of Intellectual Property may lead to remorse especially when theBrand Work is becoming widely known, protecting the trademark of theIntellectual Property right from the acknowledgment of others. For theimplementation of registration of Intellectual Property, process / procedure isrequired, such as applying after completion of all required requirements. Inaddition to these conditions, which is not less important is that each registration ischarged differently depending on what he enrolled. The process / procedure is setin different laws and regulations depending on the registration of what you wantdone, eg Copyright, Brand and others. Obstacles encountered in the field, noregistration, especially patents, between the costs and benefits obtained lesscomparable. The relatively large cost is spent while the economic value obtainedis still small for now.
RUMUSAN DELIK DAN FORMULASI KETENTUAN PIDANA KHAMAR PADA QANUN ACEH NOMOR 6 TAHUN 2014 DALAM PERSPEKTIF KEBIJAKAN HUKUM PIDANA Khairilina Khairilina
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 12 No. 1 (2018): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61393/tahqiqa.v12i1.132

Abstract

The formulation of a criminal should rely on appropriate criminal lawprinciples and policies. For example, about the type of punishment and criteria ofthe offender. In Qanun Aceh Number 6 of 2014, some formulations of criminalprovisions are distinguished between hudud and ta'zir punishments. Thisdistinction of punishment is based on direct-performers (drinkers of khamar) andnon-direct performers such as; providers, producers, sellers, promoters, and deedsparticipate in other khamar fingers. A legislation made by the government withthe legislature is always expected to give a sense of justice in society. This senseof justice is one of the goals of a legislation and punishment, in addition to otherobjectives of legal certainty and expediency. justice must be positioned as anabsolute state that must be realized by the law. But behind the hope of justice isoften also a complicated issue, sometimes the result of a legislative productactually creates imbalances in society. For that reason, the formulation of qanunand / or legislation should pay attention to criminal law policy

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