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AL-SULTHANIYAH
Published by Institut Agama Islam Sultan Muhammad Syafiuddin Sambas
ISSN : -     EISSN : 27753123     DOI : https://doi.org/10.37567
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
AL-SULTHANIYAH focuses on studies in the fields of Sharia, Law, Politics & Government. The scope of study of AL-SULTHANIYAH includes: basic principles of jurisprudence, private law, criminal law, procedural law, economics and business law, constitutional law, state administrative law, international law, law and society, politics and government science, Islamic law, legal sociology, legal anthropology, and other legal studies.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 101 Documents
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Sanksi Adat Dayak Mualang dan Jangkang di Kabupaten Sekadau dalam Kaitannya dengan Konsep Residive Dan Asas Ne Bis In Idem Mukti, Plasma Versiana; Herlina; Hertini, Mega Fitri; Yuliana
AL-SULTHANIYAH Vol. 14 No. 2 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i2.4313

Abstract

This research examines the sanctions imposed in the customary law system of the Dayak Mualang and Jangkang communities in Sekadau Regency, focusing on their relation to the concepts of recidivism and the principle of Ne Bis in Idem. The background arises from recurring criminal acts such as theft, domestic violence, and violations of public order, which highlight the limitations of customary sanctions in deterring repeat offenses. The study aims to analyze, first, the recognition and application of recidivism within these communities and its impact on repeated offenses; and second, the factors underlying the imposition of double sanctions for a single act in the absence of Ne Bis in Idem. Using an empirical juridical method, data were collected through field research, interviews with customary leaders, and analysis of legal documents. The findings reveal that the customary law of Dayak Mualang and Jangkang does not recognize recidivism, resulting in repeated offenders receiving the same sanctions without aggravation. Moreover, in certain cases, offenders are subjected to double sanctions by different customary authorities, which is viewed socially as moral accountability rather than legal duplication. However, this practice contradicts modern criminal law principles and creates potential violations of human rights due to legal uncertainty. The research concludes that integrating the principles of recidivism and Ne Bis in Idem into customary law is essential to enhance justice, ensure proportional sanctions, and maintain social harmony in multicultural communities.
Implementasi Peraturan Menteri Sosial Nomor 1 Tahun 2018 Tentang Program Keluarga Harapan dalam Pemilihan Keluarga Penerima Manfaat Program Keluarga Harapan di Desa Tempatan Kecamatan Sebawi Hamdani
AL-SULTHANIYAH Vol. 13 No. 2 (2024): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v13i2.2832

Abstract

The problem of this study stems from the fact that families who are classified as well-off are still registered as PKH beneficiaries. On the other hand, there are families who are economically disadvantaged but are not registered. The focus of the problem in this study is how is the implementation of the Minister of Social Affairs Regulation Number 1 of 2018 concerning the Family Hope Program in determining beneficiary families in Tempatan Village and what are the inhibiting factors? This type of research is qualitative research which is field research with an empirical juridical approach. To obtain data, researchers used observation, interview and documentation techniques. Based on the research results, it can be concluded that: The Family Hope Program (PKH) cannot be said to be evenly distributed. It is still found that residents of well-off families (rich) are included in the PKH beneficiary category and there are still underprivileged residents (poor) who are not registered as Beneficiary Families. The inhibiting factors in the implementation of the Minister of Social Affairs Regulation Number 1 of 2018 concerning the Family Hope Program are that the data used is not updated, the limited role of the local village government in determining the list of PKH recipients, planning in the Family Hope Program in Tempatan Village, Sebawi District has not been mature in creating independence or reducing poverty.
Penerapan Undang-Undang Nomor 14 Tahun 2008 Tentang Keterbukaan Informasi Publik terhadap Kebijakan Pembangunan di Desa Tebas Sungai Kecamatan Tebas Gindra
AL-SULTHANIYAH Vol. 13 No. 2 (2024): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v13i2.2870

Abstract

Public information is information that is produced, stored, managed, sent, and or received by a public body relating to the administration of the state. The focus of the problem in this research is how the application of Law No. 14/2008 on public information disclosure by the Village Government in Tebas Sungai Village, Tebas Sub-district, Sambas Regency. This type of research is qualitative research which is field research. The approach used in this research is empirical juridical. Based on the results of the research, it can be seen that the application of public information disclosure in Tebas Sungai Village has not been fully implemented, in accordance with Law Number 14 of 2008 concerning public information disclosure, Information Commission Regulation Number 1 of 2018 concerning village public service standards, Regional Regulations and Sambas Regent Regulations. The obstacles and constraints in implementing the Law are the unavailability of a budget for village public information management in the Tebas Sungai Village Government, in addition to limited resources and facilities in supporting public information management. So that the village government is not maximized in implementing Law Number 14 of 2008 concerning Public Information Disclosure.
Menilai Efektivitas Peraturan Larangan Perjudian dalam Daerah: Studi Atas Perda Sambas Nomor 4 Tahun 2004 Tamrin, Tamrin; Saliro, Sri Sudono; Septemberiadi, Lando
AL-SULTHANIYAH Vol. 14 No. 1 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i1.3319

Abstract

This study aims to answer the research problem: how is the Effectiveness of the Implementation of Regional Regulation of Sambas Regency Number 4 of 2004 Concerning the Prohibition of Gambling in the Region? What is the Position of Regional Regulation No. 4 of 2004 in the Hierarchy of legislation. The research method is qualitative, with the type of field research and using an empirical legal approach. The results reveal that Sambas Regional Regulation No. 4 of 2004 is not running effectively and cannot be applied to ensnare criminal acts of gambling in the region. Currently, the application of criminal acts of gambling in Sambas Regency applies Article 301 of the Criminal Code. While the position of Regional Regulation No. 4 of 2004 in the hierarchy of legislation is below the Law. The consequence of this is that the Regional Regulation in question is contrary to the Criminal Code as a Law in terms of the content of Gambling and has an impact on the implementation of the Regional Regulation which in reality, the Regional Regulation has never been used to ensnare Gamblers, so the Regional Regulation should be null and void by law. So to create the principle of legal certainty, Regional Regulation No. 4 of 2004 must be revoked by using Regional Regulations as well.
Restructuring of Murabahah Agreement Financing: Case Study at PT Bank Muamalat Banjarmasin Branch Office Rahmawati, Nisa; Wafa, Faqih El; Gafur, Abdul; Faridah, Faridah; Fitriani, Ahda
AL-SULTHANIYAH Vol. 14 No. 1 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i1.3359

Abstract

This research discusses the problematic financing settlement policy regulated by Peraturan Bank Indonesia (PBI) No. 10/18/PBI/2008, Peraturan Otoritas Jasa Keuangan (POJK) No. POJK.03/2019, and Fatwa Dewan Syariah Nasional-Majelis Ulama Indonesia (DSN-MUI) No. 47, 48, 49/DSN/MUI/II/2005. Furthermore, this study analyses the implementation of these policies at Bank Muamalat KC Banjarmasin concerning relevant regulations. This research uses a qualitative approach through field research methodology, with data collection conducted through direct interviews with relevant informants. After collecting the data, the author describes, describes, and analyses the policy and implementation of financing restructuring with murabahah contracts at Bank Muamalat KC Banjarmasin. The results showed that the murabaha contract financing restructuring policy at the bank has been implemented comprehensively and by the provisions contained in PBI No. 10/18/PBI/2008, POJK No. 10/POJK.03/Year 2019, and DSN-MUI Fatwa No. 47, 48, 49/DSN/MUI/II/2005, which includes three main elements: rescheduling, reconditioning, and restructuring (3R).
Governance Structures: Comparing Presidential and Parliamentary Systems on Accountability, Efficiency, and Economic Outcomes Mahmuluddin
AL-SULTHANIYAH Vol. 13 No. 2 (2024): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v13i2.3378

Abstract

This study provides a comparative evaluation of two dominant governance structures—presidential and parliamentary systems—focusing on their institutional efficiency, accountability, and economic outcomes. Through a review of existing literature and case studies, the research identifies key distinctions between these systems. Presidential systems, characterized by strong centralized executive authority, often struggle with transparency and accountability, leading to bureaucratic inefficiencies. In contrast, parliamentary systems typically foster greater decentralization and consultation, promoting higher levels of accountability and transparency. Economically, countries under presidential governance tend to experience slower GDP growth, higher inflation, and increased income inequality, with growth rates averaging 0.6 to 1.2 percentage points lower than those under parliamentary governance. This is partly attributed to policies that often favor elite interests. Using a qualitative comparative approach, the study analyzes a range of case studies and policy outcomes, concluding that parliamentary systems, despite some challenges, offer superior institutional efficiency, greater accountability, and better economic performance. As a result, parliamentary systems are suggested to be a more favorable governance model in terms of transparency, decentralized governance, and economic outcomes.
Peranan Al-Qur'an dalam Menyikapi Praktik Pernikahan Sirri: Analisis Tafsir Al-Qur'an terhadap Keabsahan Pernikahan Sirri Aprianti, Sheila; Galib, Muhammad; Abubakar, Achmad
AL-SULTHANIYAH Vol. 13 No. 2 (2024): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v13i2.3492

Abstract

Sirri marriages are marriages not officially registered marriages with state institutions, conducted secretly, or otherwise not made public. The practice has drawn past controversy in Islamic law and state law, particularly with regard to protection rights for women and children. In the eyes of Islamic law, this marriage is legitimate if it fulfills the conditions and pillars as established in the presence of a guardian (wali), two witnesses, and the submission of the marriage contract (ijab and qabul). The fact of an unregistered marriage implies potential legal and social problems associated with its consonance with the values of justice and transparency according to the Qur'an. This research intends to study the Qur'an's role in addressing the occurrence of unregistered marriages, particularly covering verses focusing on the importance of documentation, testimony, and openness in marriage affairs. A hermeneutical approach will help unravel the meanings of Qur'anic verses such as QS. Al-Baqarah [2]: 282 and QS. An-Nisa' [4]: 1 in attempts to establish a more holistic legal interpretation of the findings, suggesting that unregistered marriages qualify as legitimate in religious terms if they meet the pillars and conditions; however, this practice is contradictory to the major principles of transparency and justice and the protection of rights that the Qur'an teaches. Hence, it recommends the requirement of registration as one of these forms of *maṣlahah mursalah* and, thus, a public benefit to prevent social unrest and maintain rights of all concerned parties. This will thus provide a considerable found basis for addressing unregistered marriages from the purview of the Qur'an concerning whether or not they can be religiously valid and legally certain.
Implementasi Beragama Maslahat dan Berkebudayaan Maju dalam Kehidupan Keluarga Muhammadiyah Kota Surakarta Abadi, Lukman Trijaya
AL-SULTHANIYAH Vol. 14 No. 1 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i1.3508

Abstract

The application of the concept of religious welfare and advanced culture is an important strategy in facing the challenges of modernity and in line with the vision of the 2025-2045 RPJPN to build a harmonious, inclusive, and sustainable society. The Muhammadiyah family in Surakarta City as part of one of the largest Islamic organizations in Indonesia, plays an important role in realizing these values through education, philanthropy, and cultural preservation. This study aims to analyze the implementation of the concept of religious welfare and advanced culture in the lives of Muhammadiyah families in Surakarta City, and how these values can help families face the challenges of modernity and contribute to national development. The research method used is a qualitative approach with interview and documentation techniques. Data were obtained from Muhammadiyah family members, related literature, and relevant organizational policies. The results of the study show that Muhammadiyah families in Surakarta have succeeded in internalizing religious values through religion-based education, philanthropy through Lazismu, and inclusive health and education services.
Analisis Nikah Misyar Perspektif Yusuf Al Qaradhawi: Kajian Maslahah al-Mursalah Ishak, Andi Muh.
AL-SULTHANIYAH Vol. 13 No. 2 (2024): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v13i2.3511

Abstract

This study aims to find out the law of Misyar marriage according to the view of Yusuf Al Qaradhawi and to find out the validity of Misyar's marriage from the perspective of Maslahah. This research uses qualitative methods. The data collection process is carried out with literature studies. In analyzing data, researchers use qualitative analysis techniques with steps of data exposure, data reduction, and drawing conclusions. The results of the author's research found that: (1) Misyar's marriage law according to Yusuf Al Qaradhawi is valid if it is carried out as befits an ordinary marriage, that is, it meets all its pillars and conditions, it is done consensually, there is a guardian, there are witnesses, and there is a dowry. (2) Misyar marriage is a marriage in which a wife is allowed to give up some of her rights as a wife and the husband gives up some of her obligations as the head of the household. Misyar marriage is viewed from the point of view of maslahah, namely the istislah bi al-'urf method, namely choosing the benefit that best suits the needs of the community, especially Indonesia, then Misyar marriage should be prohibited in Indonesia, on the basis of the consideration that its hypocrisy is far greater than the benefits, and although it is legal according to the syar'i view, but there is no legal power in the context of the Indonesian state and also injures the point of the purpose of marriage including creating sakinah family, mawaddah warahmah.
Implementasi Akad Wakalah Bil Ujroh dalam Transaksi Marketplace pada Mahasiswa Santri An-Nawawi Berjan Purworejo Soleha, Siti Nur; Nursobah, Achmad; Ma’rufi, Anwar
AL-SULTHANIYAH Vol. 14 No. 1 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i1.3544

Abstract

The advancement of digital technology has driven significant transformation in the economic sector, including trade through marketplaces, which offer transaction efficiency. This study examines the understanding and implementation of the Wakalah bil ujroh contract among students of An-Nawawi Berjan, Purworejo, who have a background in Islamic education and whose activities are not far behind digital applications. With a qualitative descriptive-analytical approach, data were obtained through interviews, observations, documentation, and literature reviews related to Islamic law. The analysis shows that the Wakalah bil ujroh contract is implemented by fulfilling the pillars and requirements of sharia, such as the legal capacity of the parties involved, clarity of ijab-qabul, halal transaction objects, and agreements regarding ujrah, accompanied by high values of trust and accountability. Although there are technical obstacles such as differences in perception regarding the nominal ujrah, the implementation of this contract reflects a good understanding of sharia principles in digital transactions. This research contributes to the literature on Islamic economic law and offers practical guidance for Muslim communities to integrate sharia values into the digital economy.

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