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Muhammad Habibur Rochman
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Taruna Law
Published by Sekolah Tinggi Agama Islam Taruna Surabaya
ISSN : 29860423     EISSN : 29858925     DOI : https://doi.org/10.54298/tarunalaw
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Focus The main objective of its publication is to provide an appropriate channel for information and research publication, case studies and book reviews related to Law and Syariah based on original research and ideas by the respective authors. The editorial board welcomes original contributions (written in Bahasa Indonesia, English and Arabic) which have never been published or considered for publication by any other publishers. The journal serves as a platform for sharing ideas and experiences related to the research, development and application of Law and Syariah worldwide. Scope TARUNALAW: Journal of Law and Syariah specializes on Law and Syariah, and is intended to communicate original research and current issues on the subjects. This journal warmly welcomes contributions from scholars of related disciplines. Islamic/Civil Economic Law; Islamic/Civil Family Law; Islamic/Civil Legal Administration; Islamic/Civil Jurisprudence; Islamic/Civil Legal and Judicial Education; Comparative Islamic/Civil Law; Islamic/Civil Law and Gender; Islamic/Civil Law and Contemporary Issues; Islamic/Civil Law and Society; Islamic/Civil Criminal Law; Fatwa Manuscripts and all correspondence should be sent to the Editor-in-Chief, via online submission system (OJS). This journal subscribes LOCKSS and CLOCKSS archival system.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 57 Documents
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Urgency and Mechanism of Structuring Regional Regulations with the Omnibus Law Method Rijadi, Prasetijo; Indey, Marthen; Sujono, Imam
Taruna Law: Journal of Law and Syariah Vol. 1 No. 01 (2023): January
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/tarunalaw.v1i01.62

Abstract

Structuring regional regulations become necessary as more and more the disclosure of various regulatory problems in the region, both regarding with the amount and material of the load. In an effort to encourage structuring regulations in the regions, this article proposes the use of the omnibus method law in the formation of regional regulations through discussion of urgency and mechanisms the use of omnibus law in the formation of regional regulations. The omnibus law itself is a method or technique in the formation of legislation by establishing a rule to change, revoke, or pass several regulations at once. Method This is worthy of consideration for use in structuring local use regulations overcoming the large number of regional regulations and some of them are problematic in substance. At the local regulatory level, this method is also urgent in order to respond to the Employment Creation Act, which was previously established using the omnibus law method, considering this Law and its implementing regulations require improvements to the regional regulations so that synchronous and harmonious. The mechanism that can be taken is an inventory and analysis of several regional regulations with similar or cognate content to be later formed and compiled into one regional regulation. Various regional regulations whose cargo materials have been combined must be declared revoked and not applies again, in order to make it easier to use compared to just make changes or revoke some articles and insert several new articles as carried out in the Job Creation Law.
Organisasi Peradilan Tata Usaha Negara Dalam Peradilan di Indonesia Malaka, Zuman; Isa, Abdullah
Taruna Law: Journal of Law and Syariah Vol. 1 No. 01 (2023): January
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/tarunalaw.v1i01.63

Abstract

The judiciary is the executor of judicial power in charge of administering the judiciary in order to enforce law and justice based on Pancasila, with other tasks assigned to it based on the applicable law. In the framework of the rule of law, the existence of a state administrative court is essentially a logical consequence of the principle of government based on law (wetmatigheid van het bestuur). For the Indonesian people, the existence of this state administrative court is a court that is considered young, and contains provisions and procedural concepts that are universal. In state administrative law courts, of course, the principles of state administrative court procedures are needed which include the principle of activity, the principle of not knowing conversion, the principle of not knowing peace, the principle of presumtea iustaecausa, the principle of protection of the public interest.
Analisis Penggunaan Narkotika dengan Alasan Kesehatan dalam Perspektif Hukum Pidana Islam dan Undang-Undang No 35 Tahun 2009 Tentang Narkotika Nasiri, Nasiri; Isa, Abdullah
Taruna Law: Journal of Law and Syariah Vol. 1 No. 01 (2023): January
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/tarunalaw.v1i01.64

Abstract

In Islamic teachings, there are five main objectives of Islamic law that appear. One of the five goals is maintenance of the mind. Therefore, in order to maintain the purity of the mind, it is forbidden to consume food or drink that damages the health of the human mind. Like narcotics, methamphetamine, and all kinds of other illegal drugs. However, this law does not apply to people who are sick and can only recover by consuming the drug. In other words, illegal drugs may be consumed when needed in order to achieve one's health. One of the uses of Narcotics for health reasons in Indonesia is legalized as contained in the law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics, especially in article 7. Treatment is a step that is always related to society, where people always need treatment. Drugs containing narcotics are drugs that require special supervision from the pharmacy and are supervised by the government so that their use and circulation are not misused. The definition of narcotics is a substance or drug derived from a plant, both synthetic and semi-synthetic, which can cause a decrease or change in consciousness, relieve pain, and even cause dependence on the user. However, it is different for medical needs, narcotics can still be used. However, the use of narcotics in Indonesia must refer to the rules set by the Ministry of Health.
Perlindungan Hukum Kelompok Minoritas (Studi Analisa Peraturan Gubernur Jawa Timur Nomor 188/94/KPTS/013/2011 terhadap Kelompok Jamaah Ahmadiyah Indonesia di Jawa Timur) Setiyawan, Imas; Isa, Abdullah
Taruna Law: Journal of Law and Syariah Vol. 1 No. 01 (2023): January
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/tarunalaw.v1i01.65

Abstract

In Indonesia, the Ahmadiyah have been rejected since 1950 and have gained legitimacy since the MUI issued a fatwa in the 1980. Then at the MUI national working meeting in 1984, it wa stated that the qadian Ahmadiyah deviated from islamic teachings and disturbed state order. In addition,, the regional government of east java province has issued a decree of the governor of east java number 188/94/KPTS/013/2011, namely the prohibition of the activities of the indonesian Ahmadiyah community (JAI) in east java. Thid study aims to review the implications of the eas java governor’s decision number 188/94/KPTS/013/2011 cocerning the prohibition of the activities of the Ahmadiyah community in east java, and to find out the development of the Ahmadiyah community in east java province after receiving the east java governor’s decision 188/94/KPTS/013/2011 cocerning the prohibition of the activities of the Ahmadiyah community in east java. This study uses a qualitative approach. Reseacrhers used observation, interview, and documentation techniques to obtain data. Then use deductive reasoning in explaining conclusions. The result of this study stated that the implications of the decree of the governor of east java number 188/94/KPTS/013/2011 regarding the prohibition of the activities of the east java Ahmadiyah community against the Ahmadiyah community in east java, causing several impacts, namely impacts, social impacts, and legal impacts. Then the development of the Ahmadiyah community in east java after receiving the decision of the governor of east java number 188/94/KPTS/013/2011 is to continue to carry out activities as usual, for individual routines the Ahmadiyah community continues to do it like other muslims, but for comprehensive activities, the Ahmadiyah community is sometimes still hampered by permission from the security forces.
Analisis Childfree Choice Dalam Perspektif Ulama’ Klasik dan Ulama’ Kontemporer Adi, Rudi; Afadi, Alfin
Taruna Law: Journal of Law and Syariah Vol. 1 No. 01 (2023): January
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/tarunalaw.v1i01.73

Abstract

Childfree is a term for people who agree to decide not to have children. The term childfree can be defined as a view of a husband and wife who decide not to have children. The decision to choose childfree in household life cannot be separated from the role of husband and wife. The method used in this study is qualitative, with a comparative approach, namely comparing two points of view, namely according to classical and contemporary Islamic scholars. While the type of research used is Library Research, in the sense that all data sources come from written materials related to the topics discussed. The results of the study show that classical scholars do not forbid married couples who agree not to have children (offspring). Because this is confirmed by 'Azl whose law is permitted by Imam Ghazali, contemporary scholars also allow it if husband and wife agree because of certain benefits. So childfree is not included in the prohibited acts, because every married couple has the right to plan and manage household life including having children.
Penundaan Masa Menstruasi Dalam Ibadah Puasa Ramadhan Menurut Fatwa MUI No. 2 Tahun 1979 Surya Rahmadana; Azhar; Suaib Lubis
Taruna Law: Journal of Law and Syariah Vol. 1 No. 01 (2023): January
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/tarunalaw.v1i01.75

Abstract

Fasting during Ramadan is an obligation for every Muslim/Muslimah who is mature, wise, clean from menstruation and after childbirth for women, and who does not have a valid excuse, such as: travelers and sick. Meanwhile, menstruation is a natural process that occurs in every woman. With the current breakthroughs in medical science, drugs have emerged that can delay menstruation experienced by women, making it possible to carry out Ramadan fasting without obstacles. This type of research is library research (library research) with a historical approach. The data collection method is by means of literature study, in which in this section the author will collect MUI fatwas and fiqh books on the topic being researched. Then read and trace the legal istinbath method. The results of the study show that the negative impact of this drug affects the body's work system, so its use in an inappropriate place is not recommended. While the positive impact on health, the authors assume there is no. Because, this drug aims to block the natural cycle that occurs in women. Then the use of drugs that are not on target or used in the long term or made from inappropriate ingredients, will certainly have implications for the body. Meanwhile, Nash has not yet regulated the legal status of delaying menstruation. So ijtihad is needed in this case by looking at the benefits. If you delay your menstrual period using drugs, you will examine the side effects. If it causes harm to the body, it is better to avoid it. However, if it does not cause harm then it is permissible. As stated in the MUI fatwa No. 2 of 1979
Dilematika Nafkah Madiyah Anak Dalam Putusan Pengadilan Agama Tanjungkarang Nomor 0846/Pdt.G/2015/PA.Tnk Lisnawati, Lisnawati
Taruna Law: Journal of Law and Syariah Vol. 1 No. 01 (2023): January
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/tarunalaw.v1i01.80

Abstract

Applications for māḍiyah maintenance or debt support, especially for children, are often rejected by the courts. This is based on the existence of jurisprudence based on the decision of the Supreme Court Number 608/K/AG/2003. One example is the decision of the Tanjungkarang Religious Court Number 0846/Pdt.G/2015/PA.Tnk. This research is normative legal research using a case approach. Sources of research data consist of primary, secondary, and tertiary legal materials. The data obtained were then analyzed using the content analysis method. Decision Number 0846/Pdt.G/2015/PA.Tnk. shows that the legal basis for refusing claims for māḍiyah maintenance for children in divorce is legal considerations as considered by the Supreme Court in its decision rejecting lawsuits for past maintenance for children, namely that the father's obligation to provide for his child is lil-intifāʻ, not lit-tamlīk, then a person's negligence fathers who do not provide for their children cannot be sued. This leads to injustice because māḍiyah maintenance is not granted to children. This will certainly be detrimental to the life and welfare of the child, who in other circumstances can become a shield for a father who neglects to provide for his child. Māḍiyah livelihood is a form of protection for the rights of divorced women and children born during the marriage. This is in line with the verses of the Koran and hadith which talk about the obligation of a father to his wife and children to provide maintenance. In addition, such provisions can also be found in child protection legal instruments in force in Indonesia. The law should pay more attention to the lives of children by issuing judges' decisions that are good for them so that it will close gaps for husbands or fathers who can be negligent in their obligations, and protect divorced women from a double burden.
Tindak Pidana Penganiayaan terhadap Hewan Perspektif Fikih Jinayah Qamariah, Zannuba; Halimatusyadiah, Halimatusyadiah; Natun, Dwi Us; Ahmad, Sabarudin
Taruna Law: Journal of Law and Syariah Vol. 1 No. 01 (2023): January
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/tarunalaw.v1i01.84

Abstract

Animals are often humans' pets, which are useful for playing, making friends, or acting as guardians. but some people actually use animals, exploit, abuse, and even kill them for certain interests. Currently, the problem of mistreatment of animals is increasingly apprehensive. Through information in various media, cases of mistreatment of animals can be identified. Islam as the majority religion in Indonesia teaches to be a mercy to the universe, including taking care of animals on earth. However, Indonesia is the country with the largest number of downloaders of animal abuse content in the world. Therefore, the purpose of this study is to analyze these problems in the perspective of jurisprudence. The research method used is normative legal research with a statutory approach and analysis of Islamic legal theories. The results of this study indicate that the crime of mistreatment of animals in Indonesia is regulated in the Criminal Code (KUHP) Article 302 and Article 540, as well as Law Number 18 of 2009 as amended by Law Number 41 of 2014 concerning Animal Husbandry and Health. Animal abuse in jinayah fiqh is included in the jarimah ta'zir, in which the level and punishment is determined by the government (ulil amri).
Pemahaman Masyarakat Sadar Hukum Membayar Zakat Hasil Usaha Januardi, Hengki; Yulius, Yulius; Wahida, Hasanatul
Taruna Law: Journal of Law and Syariah Vol. 1 No. 01 (2023): January
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/tarunalaw.v1i01.85

Abstract

which is a concern for the weak. Zakat is paid by a muzakki given to the mustahik. In this study, it appears that the understanding of people of Lengayang District only understands the zakat fitrah that they pay during the fasting month. For the measure of payment, they only estimate it. In the efforts that must be made so that people's understanding of the obligation of zakat can be achieved through coaching muzakki and mustahiq, of course, there is good cooperation between all parties involved, namely the community itself, the Zakat Collection Unit, village officials, religious scholars, and religious extension workers are no exception. Islam. The implementation of zakat in Lengayang District is marked by the presence of supporting and inhibiting factors as well as efforts to build public awareness of paying zakat. This is inseparable from the role of the Lengayang District Office of Religious Affairs under the auspices of the Ministry of Religion as Amil Zakat Trustees who have carried out program development by establishing a zakat consulting institution in order to increase awareness of zakat for the community. Keywords: Understanding, Legal Awareness, Zakat Results of Business.
Penjatuhan Sanksi Korupsi dan Pertanggungjawaban Tindak Pidana Korporasi Dalam Tindak Pidana Korupsi Hasbullah, Ghufron
Taruna Law: Journal of Law and Syariah Vol. 1 No. 02 (2023): July
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/tarunalaw.v1i02.114

Abstract

Currently, corporations have a very important role for society, both positive and negative sides. The negative side of the large role of corporations is committing acts of corruption. In many cases of corruption, corporations are often caught and punished. The same thing happened to Decision No. 3/Pid.Sus-TPK/2018/PT.DKI which dropped the Main Director as the party responsible for corrupt behavior by corporations. The main focus of this research lies in criminal liability and the imposition of sanctions given to corporations. To make it easier to analyze the decision, researchers used normative legal research methods with a conceptual approach and statutory regulations. Based on the research results, it can be concluded that corporate criminal liability applied to Indonesian laws and regulations is mixed. On this basis, the judge imposed a sanction on the director of the corporation with imprisonment. In addition, the judge also imposed fines on corporations.

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