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Contact Name
Mar'i Mahfuz
Contact Email
jurnalalqanun@uimsu.ac.id
Phone
+6281361698203
Journal Mail Official
jurnalalqanun@uinsu.ac.id
Editorial Address
Jl. William Iskandar Ps. V, Medan Estate, Kec. Percut Sei Tuan, Kabupaten Deli Serdang, Sumatera Utara 20371
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Kota medan,
Sumatera utara
INDONESIA
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
ISSN : -     EISSN : 2776253X     DOI : -
Core Subject : Religion, Social,
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam, this journal accepts research articles, conceptual articles, field study reports, book reviews on social studies and law such as: 1. Social; 2. Law; 3. Theology; 4. Economy; 5. Philosophy; 6. Gender; 7. Regional Studies; 8. Islamic Studies; 9. And other related fields.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 90 Documents
Criminal Liability of Juvenile Drug Dealers in the Perspective of Islamic Takzir Law Kusnadi, Arman; Najmudin, Deden; Azazy, Yusuf
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 6, No 2 (2025): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v6i2.24714

Abstract

This study examines the criminal liability of juvenile drug dealers in Court Decision Number 2/Pid.Sus-Anak/2022/PN Crp, using a normative legal approach and field case analysis. The case involves two 17-year-old minors who were found guilty of selling drugs under the instruction of an adult. The judge sentenced them to 3 years and 6 months in prison along with 3 months of vocational training. This paper highlights the alignment between Law No. 11 of 2012 on the Juvenile Criminal Justice System and the perspective of Islamic criminal law. In Islamic law, such acts are considered jarimah (criminal offenses) and are legally analogized to khamr (intoxicants). The takzir approach allows judges to impose educational and preventive sanctions. The main contribution of this study is its comparative analysis between normative legal provisions and judicial practice, while exploring the relevance of the takzir concept in ensuring child protection and proportional justice.
The Role of BAWASLU of North Sumatra in Enforcing Administrative Compliance of the 2024 Election for Candidates of the Regional House of Representatives of North Sumatra Harahap, Taufiq Ismail; Harahap, Herlina Hanum
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 6, No 2 (2025): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v6i2.25978

Abstract

This study aims to analyze the role of the North Sumatra Provincial Election Supervisory Agency (Bawaslu) in enforcing administrative compliance in the 2024 elections, particularly with regard to legislative candidates for the North Sumatra Regional Representative Council (DPRD). Administrative compliance is a crucial aspect in ensuring the integrity and transparency of the electoral process. This study uses a descriptive qualitative approach with data collection methods through documentation studies, in-depth interviews, and participatory observation. The results show that Bawaslu North Sumatra carries out its supervisory role through three main functions: prevention, enforcement, and education. Despite various strategic measures such as the dissemination of regulations and the issuance of advisory letters, various forms of administrative violations were still found, such as delays in uploading documents or data discrepancies in the candidate information system (SILON). Factors hindering Bawaslu's performance include limited human resources and weak administrative sanctions. This study recommends improving coordination between election institutions and strengthening Bawaslu's regulations and oversight capacity at the provincial level.
The Role of Handep Hapakat in Marriage among the Dayak Ngaju Community of Petuk Katimpun: An Islamic Legal Perspective Nasharuddin, Muhammad Rif’an; Elmi, Ibnu; Helim, Abdul
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 6, No 2 (2025): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v6i2.25018

Abstract

This research examines the local tradition of Handep Hapakat in the marriage practices of the Ngaju Dayak community in Petuk Katimpun Village, Central Kalimantan, and analyzes its compatibility with Islamic law. The Handep Hapakat tradition is a tradition that has been carried out for generations and is not only practiced at weddings but also in other activities. Handep Hapakat is carried out by traditional deliberations between the families of the bride and groom to reach consensus on various aspects of marriage which contain values of understanding, social harmony, and collective responsibility. The practices carried out in the concept of handep hafakat are in line with Islamic principles such as shura and social justice. This research is a leatherative research that aims to understand the phenomenon in depth through the collection of non-numerical data so that an understanding of the event can be explored. The approach in this research is normative-anthropological, this article provides contextual legal interpretation through the perspective of fiqh and cultural anthropology. The values of deliberation, mutual cooperation, mutual respect, and social responsibility contained in Handep Hapakat reflect the philosophy of life of the Ngaju Dayak people who uphold togetherness. The Handep Hapakat tradition carried out by the Ngaju Dayak community actually has an essential affinity with the concept of shura (deliberation) in Islam. This tradition can serve as a complement or even a reinforcement in building a marriage structure that is not only legal in Islamic law, but also socially and culturally strong. The findings show that Handep Hapakat can be categorized as 'Urf Shahih as long as it does not contradict the main provisions of Islamic marriage law, such as the presence of a guardian, witnesses, and dowry. This article contributes to the discourse of legal pluralism in Indonesia and encourages cooperation between traditional and religious leaders to harmonize local traditions with Sharia. An open issue that needs to be followed up is the regulation of the excessive burden of customary obligations on the male party.
Protection Against Umrah Fraud Based on the Civil Code Maini, Mahrum; Lubis, Muhammad Ridwan
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 6, No 2 (2025): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v6i2.25979

Abstract

Fraud cases in the organization of the Umrah pilgrimage are increasingly prevalent in Indonesia, causing significant losses for prospective pilgrims. Lack of public understanding of their legal rights and weak oversight of Umrah travel agencies are the main factors fueling this problem. This study aims to analyze the legal protection provided to victims of Umrah fraud under the Civil Code (KUHPerdata) and to examine the civil liability mechanisms applicable to perpetrators. The research method used is normative juridical, with a statutory approach and case studies. Data were obtained through literature review and documentation of relevant court decisions. Problem analysis was conducted by combining legal materials (secondary data) with primary data obtained in the field. In conclusion, the Civil Code provides a sufficient legal basis for protecting victims of Umrah fraud, both through default mechanisms and unlawful acts. Strengthening specific regulations and increasing legal education for the public is needed to prevent similar cases in the future.
Strengthening the Dayah Education Office in Aceh in Efforts to Prevent Sexual Harassment in Dayah from an Islamic Criminal Law Perspective Magfirah, Anil; Razak, Abdur; Mustaqilla, Safira
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 6, No 2 (2025): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v6i2.25660

Abstract

This study aims to analyze the role of the Aceh Dayah Education Office in preventing sexual harassment within Islamic boarding schools (dayah) from the perspective of Islamic criminal law. The focus of the study includes understanding the concept of sexual harassment in Islamic law, identifying the factors contributing to the rise of such cases in dayah, and formulating effective prevention strategies. The findings reveal that weak regulations, lack of supervision, and limited education are the main contributing factors. Therefore, strengthening the role of the Dayah Education Office through the revision of Qanun Aceh Number 6 of 2014 on Jinayah Law, enhancing the capacity of educators, establishing a safe and integrated complaint mechanism, and providing Islamic-based sexual education are strategic steps to create a safe and Sharia-compliant dayah environment.
Legal Responsibility of Financial Institutions in Money Market Transactions Lase, Apriaman; Elizaberth, Citra; Napitupulu, Diana R.W.
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 6, No 2 (2025): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v6i2.25981

Abstract

The money market plays a strategic role in the financial system, particularly in providing liquidity for economic actors. However, in practice, money market transactions are not free from various legal risks that may impact financial stability. Financial institutions, as key players in money market transactions, have a legal responsibility to ensure compliance with regulations and to provide protection for the parties involved. This study aims to analyze the legal responsibility of financial institutions in money market transactions and their legal implications for the national financial system. Using a normative research method with a statutory and conceptual approach, this study explores the various regulations governing money market transactions and the legal protection mechanisms for related parties. The findings indicate that compliance with regulations is a crucial factor in preventing legal risks, where strengthening supervision and implementing the prudential principle are essential aspects of maintaining money market stability. Therefore, policy harmonization and increased transparency in money market transactions are necessary to ensure a safer, fairer, and more sustainable financial system.
The Dynamics of Social Institutions in Family Law: Understanding Values, Norms, and Their Functions Lagus, Wegestin; Salma, Salma; Bakhtiar, Bakhtiar
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 6, No 2 (2025): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v6i2.24685

Abstract

Social institutions are systems of norms, values, and behavioral patterns that regulate community life, including family law. Modernization and globalization have driven shifts in social norms and values, influencing practices in family law, particularly in marriage, inheritance, and child custody. These shifts create tensions between traditional norms and social changes, with implications for the stability of family law. This study contributes by highlighting three core aspects of social institutions within family law: elements, functions, and substance. Using a qualitative approach through literature review of academic sources, the study identifies key elements of social institutions, norms, institutions, symbols, and social sanctions; their functions as social control mechanisms, identity formation for families, and safeguards of social order; as well as their substantive values of justice, responsibility, and harmony that shape standard behavioral patterns within families. Accordingly, this study emphasizes that understanding the dynamics of elements, functions, and substance of social institutions is essential for ensuring that family law remains adaptive to social change without losing its foundational values.
Legal Analysis of Silent Treatment Behavior and the Concept of Al-Hajr in Marital Relationships Pratista, Farida; Tyas, Laksani Ciptaning; N, Rachmadini Ratna
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 6, No 2 (2025): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v6i2.26027

Abstract

Silent treatment in marital relationships is rarely recognized as a violation of the law, but in fact this behaviour can be categorized as emotional abuse, if it is proven to cause severe psychological distress. This act is almost the same as the concept of al-Hajr in the perspective of Islamic law. This study aims to examine the impact and characteristics of silent treatment, as well as its relevance to the concept of al-Hajr in an Islamic law. The research method used was normative, with a descriptive comparative approach, which include data sources from laws, interpretation books, and other relevant literature. The results of the study confirm that the concepts of al-Hajr   and silent treatment in domestic relationships are very different, both in terms of definition, purpose and timing. In the context of nusyūz, al-Hajr is used as an educational measure with the aim of improvement. In contrast, silent treatment is generally carried out without reasons or objectives. Thus, this study clarify the misconception that Islam permits silent treatment, as it permits the concept of al-Hajr, which has a basis in Sharia law, while silent treatment is a form of injustice that is not taught in Islam.
Implementation of Law No. 32 of 2009 on Environmental Protection and Management of Medical Waste Post-COVID-19 in Public Health Centers of Medan City Daulay, Amalia Dwi Azzahra; Syahrin, Alvi; Suhaidi, Suhaidi; Affila, Affila
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 6, No 2 (2025): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v6i2.25079

Abstract

This study examines the implementation of Law No. 32 of 2009 on Environmental Protection and Management concerning post-COVID-19 medical waste in public health centers (Puskesmas) in Medan City. Hazardous and toxic (B3) medical waste increased during the pandemic and continues to pose environmental threats. As primary healthcare facilities, Puskesmas generate medical waste that must be properly managed, as noncompliance can negatively impact public health and the environment. This study aims to analyze the implementation of Law No. 32/2009, identify obstacles in managing post-COVID-19 medical waste, and evaluate the role of local governments in supervision. The research uses a normative legal method with a regulatory approach, supported by empirical data from interviews with relevant institutions, and employs policy implementation theory, legal system theory, and authority theory. Results indicate that medical waste management in Medan’s Puskesmas is not fully compliant with Law No. 32/2009 or its derivatives, such as Government Regulation No. 22/2021 and Ministry of Health Regulation No. 2/2023. Key challenges include limited B3 waste storage, constrained waste transportation budgets, and low public awareness. Recommendations include strengthening inter-agency coordination, enhancing Puskesmas waste management capacity, and stricter supervision and law enforcement to ensure sustainable environmental protection.
Disparities in Judges’ Decisions on Defamation Crimes via Social Media (A Study of Medan District Court Decisions Number 2040/PID.Sus/2022/PN.Mdn and Number 3563/PID.Sus/2019/PN.Mdn) Saragih, Fitrah Anata; Trisna, Wessy; Tarigan, Vita Cita Emia
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 6, No 2 (2025): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v6i2.25301

Abstract

This study discusses the disparity of judges' decisions regarding criminal acts of defamation through social media (Study of Medan District Court Decision Number 2010 / Pid.Sus / 2022 / PN.MDN, and Medan District Court Decision Number 3563 / Pid.Sus / 2019 / PN.MDN. This study uses a normative legal research type. The results of this study are that the legal regulation of this criminal act of defamation is regulated by Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning ITE, which is contained in Article 27 paragraph 3 which reads: Every person intentionally and without the right to distribute and / or transmit and / or make accessible Electronic Information and / or Electronic Documents that contain insults and / or defamation. ". As for the two decisions above, there are differences in the judge's decisions where in the first decision the perpetrator of the criminal act of defamation committed through social media is subject to criminal sanctions in accordance with the ITE Law where the perpetrator is subject to a prison sentence of 3 month while the verdict of the two perpetrators of the crime of defamation through social media also but the judge said the verdict was acquitted where the reason the defendant committed his act was because the victim had no intention of paying the debt to the defendant and the victim also cut off communication with the defendant so that the defendant was forced to do his act, and the judge took into consideration in this case that no party was harmed and that comprehensive justice was created.