Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan
Jurnal Al-Maqasid ini merupakan jurnal ilmu kesyariahan dan keperdataan. Jurnal Al-Maqasid: Jurnal Ilmu Kesyariahan dan Keperdataan diterbitkan dua kali setahun yang memuat 10 artikel dalam setiap edisi., Al-Maqasid Journal: Journal of Sciences and Civilization Journal is a journal that aims to become a leading peer-reviewed platform and authoritative source of information. We publish original research articles, review articles, and case studies that focus on the study of literature and civilization. Articles sent have never been published elsewhere in any language nor are they being reviewed for publication anywhere. The following statement describes the ethical behavior of all parties involved in the act of publishing articles in this journal, including writers, editors, reviewers, and publishers (Faculty of Sharia and Padangsidimpuan IAIN Law Sciences). Jurnal Al-Maqasid : Jurnal Jurnal Ilmu Kesyariahan dan Keperdataan adalah jurnal yang bertujuan untuk menjadi platform peer-review terkemuka dan sumber informasi yang otoritatif. Kami menerbitkan artikel penelitian asli, artikel ulasan, dan studi kasus yang berfokus pada kajian kesyariahan dan keperdataan. Artikel yang dikirim belum pernah dipublikasikan di tempat lain dalam bahasa apa pun juga tidak sedang ditinjau untuk publikasi di mana saja. Pernyataan berikut ini menjelaskan perilaku etis dari semua pihak yang terlibat dalam tindakan menerbitkan artikel dalam jurnal ini, termasuk penulis, editor, pengulas, dan penerbit (Fakultas Syariah dan Ilmu Hukum IAIN Padangsidimpuan.
Articles
181 Documents
<![CDATA[KEDUDUKAN AKAD QARDH DALAM REGULASI PERBANKAN SYARIAH: IMPLIKASINYA TERHADAP INOVASI PRODUK ]]>
<![CDATA[Izazi Nurjaman, Muhamad]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 2 (2024) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/almaqasid.v10i2.11592
<![CDATA[The understanding that an increase in the loan amount based on a qardh contract constitutes usury is inherent in some communities. In the Islamic banking operational system, this is strictly avoided. However, in various product developments, sharia banks still use the qardh contract. This gives rise to the view from some people that the operational system of Islamic banks is the same as conventional banks, especially since the funds used in product development are customer funds which should be managed for other things that can generate profits. The aim of this research is to analyze the position of qardh contracts in product development in sharia banking. This article uses a normative juridical approach with data analysis techniques which consist of several stages such as reducing data, presenting data and also providing conclusions. The results of this research reveal that the position of the qardh contract in product development using customer funds as in the DSN/MUI fatwa Number 79 of 2011 concerning qardh using customer funds is only limited to a complementary contract to the mu 'awadhat contract with the aim of seeking profit. So that the profits of sharia banks come from the mu 'awadhat contract, not from the qardh contract carried out.]]>
<![CDATA[PERLINDUNGAN HUKUM PEMANFAATAN SYSTEM ARTIFICIAL INTELLIGENCE BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 ]]>
<![CDATA[Batubara, Yenni]]>;
<![CDATA[Ismail, Husni]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 1 (2024) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/almaqasid.v10i1.11166
<![CDATA[Artificial Intelligence (AI) with its increasingly complex development currently seems to increase complications, especially when it comes to violations of the law, especially regarding copyright of works created by AI systems or. So that the clarity of the legal responsibility for problems or conflicts that then arise needs to be clarified in the eyes of the law. This study is a qualitative study with a normative legal approach, and the data analysis method used is qualitative juridical. The results of the study show that based on the laws and regulations in Indonesia, namely Law No. 28 of 2014 concerning Copyright and Law No. 12 of 2016 concerning Patents, it states that creators and copyright holders as well as inventors and patent holders are one or several people, meaning that those who have the right to hold copyright and patent rights are humans as legal subjects (persons or legal entities). Then because AI is a system, AI is not included in the legal subject but AI is a human-made product and functions as a tool to create a work. However, formulating clear and fair policies and regulations regarding civil rights and legal responsibility for the results of AI creations needs to be done by the government. Legal certainty in this case will encourage the development of responsible AI technology and provide adequate protection for all parties involved. Then AI is known as an electronic system and electronic agent that operates based on human commands. Therefore, if an unlawful act or action occurs, then the legal responsibility is borne by the creator and user of AI who gives the commands and parameters.]]>
<![CDATA[SENGKETA PEMBATALAN HIBAH DI PENGADILAN AGAMA STABAT DITINJAU DARI MASLAHAH ]]>
<![CDATA[Wahyuni, Wahyuni]]>;
<![CDATA[Fatmah, Fatmah]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 1 (2024) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/almaqasid.v10i1.9807
<![CDATA[This study aims to examine the considerations of religious court judges in examining and deciding grant cancellation disputes. This study will analyze the decision of the Religious Court regarding the cancellation of grants in terms of maslahah. This study uses qualitative normative legal research. While the approach used is statutory and conceptual approach. The data sources used are primary data sources consisting of decisions from the Religious Courts, compilations of Islamic law, books of civil law laws, compilations of sharia economic laws. Meanwhile, secondary sources of law consist of books of Islamic jurisprudence, law books, and scientific journal articles. The results of this study indicate that the panel of judges examining cases of disputes over the cancellation of dominant gifts applies article 35 paragraph 1, article 36 paragraph I law number 1 of 1974 concerning joint assets and article 1338 of the civil law code concerning agreements/agreement, thus ignoring Article regarding the permissibility of withdrawing the grant object even though the grant is without the approval of other heirs. Meanwhile, according to the theory of maslahah initiated by al-Ghazali that the decisions of the Religious Courts made by the panel of judges are ideally to realize the concept of maqasid sharia, namely maintenance of property and offspring. Thus, it can avoid negative impacts that will occur in family relationships, such as the relationship between parents and their heirs. However, according to Hans Kelsen's theory of justice, the considerations made by judges in deciding cases of cancellation of grants tended to be inconsistent in the application of the applicable legal system, so that according to him, the intended sense of justice had not been fully fulfilled.]]>
<![CDATA[POLEMIK KEABSAHAN POLIGAMI: PERBANDINGAN HUKUM KELUARGA ISLAM INDONESIA DAN MALAYSIA ]]>
<![CDATA[Husain Hasibuan, Badai]]>;
<![CDATA[Asrona Warni Daulay, Dinda]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 2 (2024) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/almaqasid.v10i2.13697
<![CDATA[This study aims to compare the two legal systems that govern marriage in Indonesia and Malaysia. Indonesia uses Law Number 1 of 1974 concerning Marriage, while Malaysia implements the Federal Territory Islamic Family Law Act 1984. This study uses a qualitative method with a descriptive-analytical approach. A normative approach is applied in this study, focusing on the analysis of laws and regulations as a research object and primary data source. This study examines the polemic of determining the validity of polygamy based on differences in regulations between the two countries. The results of the study show that Indonesia and Malaysia have similarities in the principle of marriage, namely the principle of monogamy. Polygamy is allowed if the husband meets the conditions set out in the regulations of each country and obtains permission from the Religious Court (Indonesia) or Sharia Court (Malaysia). In addition, both countries place the permission of the first wife as the main prerequisite for filing a polygamy application. In Indonesia, the husband must apply for polygamy to the Religious Court which is then examined by a judge before being granted. In contrast, in Malaysia, a polygamy application in the Sharia Court begins with a request from the husband, which is then followed by the consent of the first wife. These findings strengthen the understanding of the similarities and differences in the application of Islamic family law in Indonesia and Malaysia, especially in the context of polygamy.]]>
<![CDATA[DAMPAK ERA DIGITAL TERHADAP PERLINDUNGAN KONSUMEN DALAM PERSPEKTIF HUKUM EKONOMI SYARIAH ]]>
<![CDATA[Riski, Darlin]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 2 (2024) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/almaqasid.v10i2.11456
<![CDATA[The era of the digital economy has brought about a major transformation in the way transactions are conducted, which provides convenience but also poses various risks such as fraud and privacy violations. This study aims to investigate the impact of digitalization on consumer protection in the context of sharia economic law, which emphasizes fairness and transparency. Using the literature review method, this study examines relevant literature to draw reflective and in-depth conclusions. The results of the study show that digitalization brings convenience in transactions but also significant risks that many contradict sharia principles. Consumers are often not adequately protected in digital transactions, which can lead to fraud and privacy violations, violating the principles of transparency and fairness. The findings emphasized the need to improve regulation and supervision of digital transactions as well as increase consumer awareness to ensure fair and transparent transactions, in line with sharia principles. The research underscores the importance of consumer education and stronger regulation to ensure consumer protection in the digital age. Furthermore, business actors must integrate sharia principles in their practices to support fair and transparent trade.]]>
<![CDATA[REFORMULASI SISTEM PERENCANAAN PEMBANGUNAN NASIONAL DENGAN MODEL GBHN ]]>
<![CDATA[Siregar, Mardona]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 3, No 1 (2017) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/almaqasid.v3i1.11648
<![CDATA[One of the results of the amendments to the 1945 Constitution was the lossof the GBHN as the state's guidance or direction in implementing nationaldevelopment. This GBHN disappeared along with changes in the duties of theMPR institution as a consequence of the change in its institutional position fromthe highest state institution to a high state institution. As a replacement for theGBHN, Law no. 25 of 2004 regulates the National Development Planning System,which states that the explanation of the objectives for the formation of theRepublic of Indonesia as contained in the Preamble to the 1945 Constitution, isset out in the form of a RPJP (Long Term Development Plan). The RPJP timescale is 20 years, which is then described in the RPJM (Medium TermDevelopment Plan), namely planning with a 5 year time scale, which contains thevision, mission and development program of the elected president, guided by theRPJP. The problem is when the President is in office His term has expired and anew president has been re-elected, so politically the existence of the lawregarding the National Development planning system can very easily be changedto suit the vision and mission of the elected president.]]>
<![CDATA[PEMBENTUKAN KAWASAN TANPA ROKOK: ANALISA TERHADAP HAK AZASI MANUSIA DAN EFEKTIVITAS PERATURAN DAERAH ]]>
<![CDATA[Rambe, Toguan]]>;
<![CDATA[Mayasari, Seva]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 1 (2024) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/almaqasid.v10i1.11017
<![CDATA[This article wants to look in depth at Deli Serdang Regency's policy of establishing smoking-free areas. This policy is contained in Deli Serdang Regency Regulation No. 2 of 2021 concerning non-smoking areas. The urgency of establishing this regulation is to discipline the public so that they do not smoke in random places, for example in health facilities or offices. The problems that will be studied include the extent to which it is effective in curbing the smoking habit and how acceptable it is to society because quite a few people say that smoking behavior is part of their lifestyle. The form of research is field research or field research, namely authentic data collection activities directly to the research location to see the object to be studied. In data collection techniques, researchers use observation and interviews, both methods will be straightforward in terms of extracting information. The results of this research show that the implementation and implementation of the Deli Serdang district regulations still finds several problem points and challenges, these problem points include: (1). Socialization that is not continuous, (2). Disobedient community attitude, (3). Insufficient facilities, (4). Sanctions that are not burdensome. The Deli Serdang Regency Government has made enforcement efforts, both repressive and preventive, for the community. These activities include providing education regarding the dangers posed by cigarette smoke and most importantly for the smooth running of government services by not spreading cigarette smoke to others. Apart from that, the government has also carried out monitoring and evaluation of people who violate it. Even though the overall implementation of these regulations has not been optimal, this is due to the absence of sanctions that have a deterrent effect on anyone who violates the regulations, so each of them needs strengthening.]]>
<![CDATA[PERLINDUNGAN HUKUM MELALUI PRANATA SURAT TUMBAGA HOLING DALAM MASYARAKAT BATAK ANGKOLA ]]>
<![CDATA[Sormin, Ihwan]]>;
<![CDATA[Khairunnisa, Maulida]]>;
<![CDATA[Suciana Rambe, Dinda]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 1 (2024) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/almaqasid.v10i1.9936
<![CDATA[This research analyses how the state protects the existence of surat tumbaga holing institutions as a costitutional right of the Angkola Batak community. This research is a normative legal research that is normative empirical in nature which is legal research to find legal rules in the principle of surat tumbaga holing in accordance with the principles of the Indonesian legal system. Primary data used are legal materials from the library and laws and regulations related to legal protection, social structure and local wisdom. To support this data, secondary data is added from the behaviour and values that live in the Angkola Batak community as a living legal norm. The theory used as an analysis knife in this research is Eugen Erlich's legal sociology, where Erlich sees positive law on the one hand and the law that lives in society on the other. Erlich sees that positive law will be effective if it is in line with and incorporates the values and laws that live in society. The results show that the tumbaga holing letter also has a role in resolving problems or criminal acts that occur, such as adultery, domestic violence, verbal insults, defamation or slander, as well as other criminal acts such as theft that can disrupt public welfare. In addition, the sanctions given as punishment to perpetrators involve actions such as being expelled from their customary community, paying a fine to the victim, apologising to the victim or their family in the presence of customary elders, as well as being obliged to cover all food costs incurred during the settlement of the crime. This reality is guaranteed by the state through Article 18 B paragraph (2) which ensures that the state protects, respects and recognises customary law communities and their traditional rights if they are still alive, in accordance with the principles of the Unitary State of the Republic of Indonesia and implemented through legislation. While juridically, it is determined that judges and constitutional judges as law enforcers are obliged to always follow the development of legal values and community justice in adjudicating and deciding cases before them as contained in the judicial power law.]]>
<![CDATA[PENERAPAN PROGRAM (CORPORATE SOCIAL RESPONSIBILITY) DALAM PERSPEKTIF ENTERPRISE THEORY DAN PRINSIP HUKUM EKONOMI SYARIAH DI PT. BANK SYARIAH INDONESIA ]]>
<![CDATA[Ramadhan, Ahmad]]>;
<![CDATA[Siregar, Ihsan Mulia]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 2 (2024) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/almaqasid.v10i2.13469
<![CDATA[Corporate Social Responsibility (CSR) refers to all relationships that occur between companies and all stakeholders, including customers, employees, communities, owners, governments, suppliers and even competitors. CSR is a concept in which Bank Syariah Indonesia (BSI) voluntarily contributes something towards a better society and a cleaner environment. This study aims to analyze the Implementation of Corporate Social Responsibility in the Perspective of Sharia Enterprise Theory at Bank Syariah Indonesia KCP. Gunung Tua. This research uses qualitative methods, using primary and secondary data, through documentation techniques and conducting interviews with the parties concerned (informants). This research was conducted by analyzing the suitability of the implementation of Corporate Social Responsibility (CSR) at BSI KCP. Gunung Tua with the perspective of Sharia Enterprise Theory. The results of this study indicate in the implementation of CSR at BSI KCP. Gunung Tua cooperates with the National Amil Zakat Institution Bangun Sejahtera Mitra Umat (LAZNAS BSM). Concept and Implementation of Sharia Enterprise Theory at Bank Syariah Indonesia KCP. Gunung Tua includes; Vertical Accountability, Horizontal Accountability (Direct Stakeholders and Indirect Stakeholders) and Horizontal Accountability (Nature). Broadly speaking, Corporate Social Responsibility carried out at Bank Syariah Indonesia KCP. Gunung Tua is in accordance with the concept of Shariah Enterprise Theory. According to the view of Sharia Economic Law, CSR is in line with Islamic understanding of how humans should care about society and the environment. According to Islamic economic law, there are several principles that apply in CSR programs, including the principle of permissibility (mabda' al-ibahah), freedom of contract (mabda' hurriyyah atta'aqud), consensual / agreement (mabda' ar- radha 'iyyah), binding promises (mabda' at-tawazun fi al mu'awadhah)]]>
<![CDATA[SENGKETA DALAM KONTRAK PENDANAAN DIGITAL: ANALISIS HUKUM KEPERDATAAN DAN ALTERNATIF PENYELESAIANNYA ]]>
<![CDATA[Miftachul Ulum, Kefi]]>;
<![CDATA[Ariyanti, Sari]]>;
<![CDATA[Suganda, Rangga]]>;
<![CDATA[Rahmawati, Dewi]]>;
<![CDATA[Khotimah, Husnul]]>
<![CDATA[ Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 2 (2024) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/almaqasid.v10i2.11601
<![CDATA[Securities crowdfunding is a service that funds MSMEs and start-up companies using standard agreements. The agreement used contains clauses containing moral hazard from the service provider company in the form of forcing service users not to involve the provider in the event of a dispute, whereas if the legal relationship is explained, the provider acts as an intermediary for service users with a central role, so that without the provider, such digital funding will not occur. This information technology-based funding activity is covered by Financial Services Authority Regulation No. 57 of 2020 concerning Securities Offerings through Information Technology-Based Crowdfunding Services and Financial Services Authority Regulation Number 16 of 2021 Amendment to Financial Services Authority Regulation Number 57 of 2020 concerning Securities Offerings Through Services Information Technology-Based Crowdfunding. The use of the standard agreement refers to Article 64(1) of POJK 57 2020 with the principles of balance, justice, and fairness. The agreement clause also contains unclear dispute resolution related to sharia funding, and service users will also experience the potential risk of disputes between organizers, issuers, and investors, as well as risks related to investment. Normative legal research is used as a research method that is classified in library research using a statute approach as an approach to contractual analysis and dispute resolution hierarchies by breaking down various laws and technical regulations from the Financial Services Authority. Analysis with this approach was found in the study of Article 1338 of the Civil Code requiring contracts to be made in accordance with the law, but the agreement clauses used did not apply the principles of justice, norms, and morality. Apart from that, a hierarchy was found in digital-based and offline-based dispute resolution with clustering the level of each problem or dispute. This level of clustering is a codification of the breakdown results carried out by the compiler of interrelated regulations, which are classified as internal dispute resolution and external dispute resolution.]]>
