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Yesi Arikarani
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hutanasyah@gmail.com
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arikaraniyesi@staibsllg.ac.id
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Jl. Sultan Mahmud Badaruddin II Kota Lubuklinggau, Sumatera Selatan
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Kota lubuk linggau,
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INDONESIA
Hutanasyah : Jurnal Hukum Tata Negara
Published by STAI Bumi Silampari Lubuklinggau
ISSN : -     EISSN : 30262496     DOI : https://doi.org/10.37092/hutanasyah
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Hutanasyah: Jurnal Hukum Tata Negara merupakan jurnal ilmiah yang berisikan gagasan dan pengetahuan hukum yang berasal dari akademisi, dosen, mahasiswa, peneliti dan praktisi dibidang hukum, atas fenomena hukum yang jamak terjadi di masyarakat. fenomana hukum yang tercipta dari proses pembentukan undang-undang hingga proses pelaksanaan undang-undang tersebut. Hutanasyah: Jurnal Hukum Hukum Tata Negara akan diterbitkan oleh Lembaga Penelitian dan Pengabdian Masyarakat (LP2M) STAI Bumi Silampari Lubuklinggau sebanyak 2 (dua) kali dalam 1 (satu) tahun yaitu (Agustus dan Februari). Ruang lingkup meliputi: Hukum Tata Negara, Hukum Tata Negara Islam, Hukum Internasional Dalam Islam, Hukum Politik Islam, Hukum Islam, Politik Hukum, Hukum Lingkungan, Hukum dan Kebijakan
Arjuna Subject : Ilmu Sosial - Hukum
Articles 40 Documents
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Analisis Penerapan Pasal 41 Undang-Undang Nomor 1 Tahun 1974 Tentang Hak Nafkah Anak (Study Kasus Putusan Hakim Pengadilan Agama Lubuklinggau Nomor: 371/Pdt.G/2021/Pa.LLg) Fitrian, Fitrian; Kisworo, Budi; Warlizasusi, Jumira
Hutanasyah : Jurnal Hukum Tata Negara Vol. 1 No. 1 (2022): Agustus
Publisher : STAI Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/hutanasyah.v1i1.352

Abstract

Marriage is a legal bond to build a happy home and family where husband and wife carry the trust and responsibility. There is a divorce in the household, so for both parents who have separated the responsibility for their children remains. In this study, the author uses a normative legal approach. This means that what is produced is in accordance with the theory, namely an approach to the problem by studying and analyzing an applicable statutory regulation to be used as a basis for solving problems that occur in society. This study finds that there are still problems in the practice of marriage in the dynamics of law in Indonesia, both regarding divorce issues and those relating to the compilation of existing laws
Implementasi Hak dan Kewajiban Istri Bagi Wanita Karir di Kantor Kementerian Agama Kota Lubuklinggau Menurut Undang-Undang Perkawinan 1974 dan Kompilasi Hukum Islam(Analisis Normatif-Sosiologis) Ma’rufah, Lilis; Yusefri, Yusefri; Saputra, Hasep
Hutanasyah : Jurnal Hukum Tata Negara Vol. 1 No. 1 (2022): Agustus
Publisher : STAI Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/hutanasyah.v1i1.356

Abstract

This study focuses on discussing the Islamic view of career women, and the implementation of the rights and obligations of wives for career women of female state civil servants, at the Ministry of Religion Office of Lubuklinggau City. The spectrum that is highlighted, of course, explores the position of Career Women, whether they can carry out their obligations in a balanced way, both as wives and as ASN employees. This study uses sociological normative analysis. This normative analysis uses a study approach that examines a problem that arises by referring to religious benchmarks. In this study, the author also refers to the Marriage Law in Indonesia and the Compilation of Islamic Law. The findings in this study indicate that the wife's next obligation is to organize and manage daily household needs as well as possible. From the data above, the wife's responsibilities as stated in the Compilation of Islamic Law in Indonesia for wives who have the status of ASN at the Ministry of Religion of the City of Lubuklinggau have not been implemented properly. The wife has not fully done household chores, starting from taking care of the house, shopping for the house, cooking, or arranging the entire layout of the house is not fully done by the wife, but still involves household assistants and most of them cooperate with each other in household chores, both in terms of household chores. raising children, educating or doing housework
Etika Bisnis Dan Legalitas Hukum Terhadap Pinjaman Online Dalam Persfektif Hukum Positif Dan Hukum Islam Alexander, Ongky
Hutanasyah : Jurnal Hukum Tata Negara Vol. 1 No. 1 (2022): Agustus
Publisher : STAI Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/hutanasyah.v1i1.359

Abstract

Business is an exchange of goods, services or money that is mutually beneficial or provides benefits to one another. However, as owners and consumers, they must understand business ethics and principles in doing business so as not to injure each other. Currently, many service institutions provide convenience in providing online loans but do not see the legal rules and do not comply with OJK rules so that when there is a problem they only blame one party. The aim of this research is to provide an explanation for producers to complete their administration either formally or materially. This research method uses normative law and Islamic law methods. In order to better understand the concept of Islamic law and positive law in providing online loans. The results of the research as producers and consumers must complete the requirements and there must be legality in writing and online. So that when there is a problem, it can be processed legally. In Islamic law if it is not in accordance with sharia principles. The agreement in the online loan is invalid
Pembaruan Sistem Pemidanaan Pada Hukum Pidana Pidana Militer Lubis, Arief Fahmi
Hutanasyah : Jurnal Hukum Tata Negara Vol. 1 No. 1 (2022): Agustus
Publisher : STAI Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/hutanasyah.v1i1.382

Abstract

Renewing the Military Criminal Law Criminal System is not easy, especially the special criminal law system such as the Military Criminal Code (KUHPM), which is a codification of criminal law in the Criminal Code. The purpose of this study is to emphasize that the military criminal sanction system must still refer to the sanctions system in the Criminal Code (KUHP) or the Draft Criminal Code which is currently in the process of being drafted. Qualitative research uses a descriptive approach to collect data systematically, factually , and quickly according to the description when the research was conducted. The results of this study indicate that the guideline in the preparation of the Criminal Code is that punishment is an inseparable part of criminal law, so it is not a criminal law if it regulates only norms without being followed by criminal threats. Criminal threats that will be applied to criminal actors, although not primarily, but the nature of the crime is a crime
Upaya Penyelesaian Konflik Kepemilikan Tanah Warga Di Wilayah X Nefri, Johan Edi; Ngimadudin, Ngimadudin
Hutanasyah : Jurnal Hukum Tata Negara Vol. 1 No. 1 (2022): Agustus
Publisher : STAI Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/hutanasyah.v1i1.393

Abstract

This study attempts to review a phenomenon that occurred in the city of X regarding land conflicts, the beginning of the conflict a resident cut down a tree in the land owner's area, but when asked for clarification the woodcutter admitted that the land belonged to him, hence the beginning of the conflict. the purpose of this research is to provide literacy to the community so as not to get involved in excessive land ownership conflicts and provide literacy to the community so that the research method carried out by qualitative research researchers with a case study approach to readers about the importance of maintaining land rights ownership by completing all forms of ownership administration. The results of the study showed that the defendant was not doing the law by cutting down trees that did not belong to him for the ownership of the land
Problematika Pengangkatan dan Perberhentian Hakim Mahkamah Agung Terhadap Independensi Kekuasaan Kehakiman Mahkamah Agung Dalam Sistem Ketatanegaraan Di Indonesia Agustian, Tomi; Setiawati, Dinda; Alexander, Ongky
Hutanasyah : Jurnal Hukum Tata Negara Vol. 1 No. 2 (2023): Februari 2023
Publisher : STAI Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/hutanasyah.v1i2.514

Abstract

Article 24A paragraph 3 provides a provision that candidates for Supreme Court justices are proposed by the Judicial Commission to the House of Representatives for approval and to subsequently be appointed as chief justices by the president and the Supreme Court Law states that the appointment of Supreme Court Judges is carried out by the President on the proposal of the House of Representatives or the dismissal of the Chairman, Vice Chairman, Junior Chairman, and Member Judges of the Supreme Court is dismissed by the President on the proposal of the Supreme Court, so that the President, the House of Representatives (DPR, and the Judicial Commission (KY) have loopholes that can later influence the psychic judges in making decisions if the case is related to the 3 (three) institutions. This study aims to determine the Independence of Judicial Power in Indonesia. This research includes library research, research whose data sources are obtained through good literature sources and laws and regulations and using normative and juridical approaches, the Compiler concludes that the proposal for the appointment and dismissal of Supreme Court judges by the Judicial Commission, the House of Representatives and the President may affect the psychic of a judge in making a decision so that this can eliminate the meaning of Article 24 paragraph 1 of the 1945 Constitution which shows less independence of judicial power in upholding justice in accordance with the ideals of the 1945 Constitution.
The Corruption Eradication Commission Role In Supervising Of The Social Assistance Funds Distribution From The Maslahah Mursalah Perspective Musyafaah, Nur Lailatul; Fauziyyah, Risma; Khusnah, Rozinatul; Alim, Syaiful
Hutanasyah : Jurnal Hukum Tata Negara Vol. 1 No. 2 (2023): Februari 2023
Publisher : STAI Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/hutanasyah.v1i2.520

Abstract

During the Covid-19 pandemic, many Indonesians are experiencing financial difficulties, so the government funds social assistance. Social assistance funds are prone to corruption, so the Corruption Eradication Commission (KPK) plays a role in supervising the distribution of funds. This article discusses the role of the KPK in supervising social assistance funds during the pandemic of Covid-19 from the perspective of maslahah mursalah. This research library research. The primary data source is the Circular Letter of the Corruption Eradication Commission (SE KPK) Number 8 of 2020, SE KPK Number 11 of 2020, and Letter KPK Number B/1939/GAH.00/01-10/04/2020. Secondary sources in this study are materials/data regarding data of KPK, maslahah mursalah, and social assistance funds. The data obtained are then analyzed through inductive analogies with the maslahah mursalah. This study concluded that the Corruption Eradication Commission (KPK) has a role in supervising social assistance funds through preventive measures, coordination, and monitoring of the distribution of social assistance funds so that some parties commit no abuse. The KPK’s role in supervising social assistance funds is relevant to maslahah mursalah, primarily to safeguard property and maintain state finances.
Kebangkitan Trend Aplikasi Media Sosial TikTok dalam Perspektif Hukum Islam Helandri, Joni; Setiawan, Alpat Reza; Putra, Trio; Prabu, Rama; Jaya, Abdillah
Hutanasyah : Jurnal Hukum Tata Negara Vol. 1 No. 2 (2023): Februari 2023
Publisher : STAI Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/hutanasyah.v1i2.527

Abstract

The social media application TikTok has become a global phenomenon that influences people's social and cultural life. In the context of Islamic law, TikTok's rapid growth raises questions about the app's suitability and compliance with Islamic legal principles. In this journal, we analyze the rise of the TikTok trend from the perspective of Islamic law. Through a qualitative research approach, we investigate the positive and negative impacts of TikTok as well as the implications of Islamic law for its use. We found that TikTok offers benefits in the form of creativity, entertainment and business opportunities, but it can also involve content that is inconsistent with Islamic values. Based on these findings, we recommend the application of criteria and restrictions on the use of TikTok in accordance with Islamic law, as well as the need for public education and awareness regarding the implications of Islamic law in the context of social media. Governments and legal institutions also need to play an active role in regulating and overseeing the use of TikTok.
Toleransi Dalam Pandangan Imam Mazhab Dan Ulama Kontemporer Perspektif Hukum Islam Anwar, Syaiful; Fauzi, Muhammad; Yani, Ahmad; Siswoyo, Siswoyo
Hutanasyah : Jurnal Hukum Tata Negara Vol. 1 No. 2 (2023): Februari 2023
Publisher : STAI Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/hutanasyah.v1i2.530

Abstract

Tolerance is an important concept in Islam that reflects respect for differences and diversity in society. This study aims to analyze the views of the Imams of Madzhab and contemporary scholars regarding tolerance in the perspective of Islamic law. Through a qualitative approach, data is obtained from literature studies and relevant primary sources. The results of the study show that tolerance has a significant meaning in Islam, with the importance of respecting and understanding differences within the framework of Islamic law. The views of the Imams of the Sunni School, such as Abu Hanifah, Malik, Shafi'i, and Ahmad bin Hanbal, as well as the views of the Imams of the Shiite School, such as Ja'far Sadiq, Muhammad Baqir, and Ali Rida, show understanding and support for tolerance. Contemporary Sunni and Shia scholars also provide views that are in line with the previous Imams of the School, emphasizing the importance of tolerance in building a harmonious and respectful society. Through case studies of contemporary clerics, there are real efforts to promote tolerance, both through preaching, inter-religious dialogue, and social activities that involve cross-faiths.
Analisis Penyelesaian Perkara Ahli Waris Putusan Nomor 02/Pdt.P/2017/PA.LLG di Pengadilan Agama Lubuklinggau Kuswoyo, Bahet Edi; Samosir, Agustinus; Fuadi, Ahmad
Hutanasyah : Jurnal Hukum Tata Negara Vol. 1 No. 2 (2023): Februari 2023
Publisher : STAI Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/hutanasyah.v1i2.531

Abstract

This study aims to analyze the judge's consideration in the case decision Number: 02/Pdt.P/2017/PA-LLG and to find out and understand whether the case decision has fulfilled the values of justice, expediency and legal certainty. This research uses empirical normative approach methods, namely conceptual approach, statutory approach, legal history approach, comparative legal approach, then combined with approaches that are often used in empirical legal research including, sociological approach, anthropological approach, and legal psychology approach. The results showed that the basis for the judges' consideration in granting the petitioners which was the basis for considering the decision of the Lubuklinggau Class 1B Religious Court Judges in deciding the case application Number: 02/Pdt.P/2017/PA-LLG concerning the Determination of Heirs, is that the applicants are the legal heirs of the heirs of the deceased. In accordance with the Compilation of Islamic Law article 171 letter (b) The heir is a person who at the time of death or is declared dead based on the decision of the Court, leaves heirs and relics, and Heirs are people who at the time of death have blood relations or marital relations with the heir, are Muslim and are not hindered by law from becoming heirs. That the decision that has been handed down by the Panel of Judges in the case regarding the Determination of Heirs, does not meet the value of legal certainty and the values of justice, because the judge in examining and adjudicating does not carefully look at the content of positive law and does not consider aspects of justice.

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