cover
Contact Name
Rico Nur Ilham
Contact Email
radjapublika@gmail.com
Phone
+6281238426727
Journal Mail Official
radjapublika@gmail.com
Editorial Address
Jl. Cempaka Putih, Sp. Tiga Blang Rayeuk, Dsn. Angsana, Kelurahan Hagu Barat Laut, Kec. Banda Sakti, Lhokseumawe, Provinsi Aceh, 24315
Location
Kota lhokseumawe,
Aceh
INDONESIA
Journal of International Islamic Law, Human Right and Public Policy
ISSN : -     EISSN : 30312280     DOI : https://doi.org/10.59733/jishup
Core Subject : Religion, Social,
This journal emphasizes specifics in the discourse of Islamic Law and Humanity, as well as communicating actual and contemporary research and problems related to Islamic studies. This journal openly accepts contributions from experts from related scientific disciplines. All articles published do not necessarily represent the views of the journal, or other institutions that have links to journal publications. This journal publishes articles with the following focus and scope: Islamic Law and Jurisprudence from various perspectives which emphasize aspects related to the study of Islamic Jurisprudence in the Indonesian and international context, with special reference to culture, diversity, norms and customs of life, politics , sociology, psychology, anthropology, economics, history, philosophy, Islamic astronomy
Arjuna Subject : Ilmu Sosial - Hukum
Articles 118 Documents
LEGAL PROTECTION FOR MSME TRADERS WHO EXPERIENCE A DECLINE IN PURCHASING POWER DUE TO THE IMPACT OF ONLINE SELLING AND BUYING TRANSACTIONS REVIEWED BY JURIDICAL STUDY Yasmirah Mandasari Saragih; Fahmi Anwar Tanjung; Muhammad Fahmi; M. Fajri Hidayatullah; Alexander
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 1 (2023): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i1.1

Abstract

This article aims to find out how legal protection is for small traders who experience a decrease in purchasing power due to the impact of online buying and selling transactions and how the juridical review of online buying and selling transactions has an impact on the micro-economic sector of society. This writing is motivated by the problems of people who own MSME businesses due to the decline in purchasing power due to changes in digitalization, including in the economic aspect. The research method used is the Normative Juridical method with a descriptive analysis approach. The results of this research are that legal protection for MSMEs is regulated in article 50 letter (h) of Law no. 5 of 1999 and in a juridical study of online buying and selling transactions/electronic transactions only regulates transaction procedures, not comprehensive aspects of problems between sectors of the national economy, but the government must take a stand in combining and providing counseling to the national economic sector in Indonesia and facilitate.
LEGAL SANCTIONS FOR THE CRIMINAL ACT OF LAND CLAIMS IN A POSITIVE AND CRIMINAL LAW PERSPECTIVE ISLAMIC CRIMINAL LAW Mhd. Ihwanuddin Hasibuan; Mark G. Maffett; Bob Feinbrg
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 1 (2023): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i1.2

Abstract

The research aims to find out what the penalties are for perpetrators of criminal acts of land grabbing from a positive criminal law perspective and the penalties for perpetrators of criminal acts of land grabbing from a criminal law perspective. The type of research method used by normative juridical research. Secondary data sources were obtained from Al-Qur'an, Hadith, Fiqh Jinayah books, and the Criminal Code. Then it is analyzed using a qualitative descriptive method, namely explaining everything in the main issues firmly based on the problem formulation which is concluded inductively. Based on the results of the research, it can be concluded that the legal sanction for the crime of land grabbing according to the positive criminal law contained in the Criminal Code (KUHP) can be punished according to the provisions of article 385 by 4 years' imprisonment, whereas in Islamic criminal law the sanction of imprisonment can be imposed with the fingertips. ta'zir.
IMPLEMENTATION OF WALIMATUL 'URS IN THE MIDDLE OF THE COVID-19 PANDEMIC A REVIEW OF MAQHASID SYARI'AH IN NEW VILLAGE COMMUNITIES DELI SERDANG DISTRICT Novita Aulia Lubis; Jorge O. Brusa
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 1 (2023): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i1.3

Abstract

Looking at it from the Maqashid Syari'ah perspective, government policy during the implementation of Community Activities was a form of Mashlahah (goodness)carried out to control the spread of the Covid-19 virus in order to create benefits for humans based on the M principleaqashid shariaIn it there is benefit for humans by protecting the five human existences including protecting the lives of hifd nafs.The creation of a benefit is basically by prioritizing the public benefit and can be seen in terms of the aim of Sharia', namely establishing that law always has a relationship, whether direct or indirect, and is related to the five basic principles of human life. Therefore, to find out the factors that are the reasons why people continue to hold luxurious Walimatul 'urs receptions in the midst of the Covid-19 pandemic, this research was prepared using normative-empirical research methods and a statute approach and a case approach. . There are three legal materials used, namely primary, secondary and tertiary legal materials. then the three legal materials were collected using the observation method through interviews supported by data and processed using qualitative methods and described using deductive logical thinking. And it was found that the Governor's Instructions had not been fully implemented by the community, Walimatul 'Urs was still being carried out as usual without taking into account the Covid-19 season and not implementing the recommended health protocols. The Government must provide more specific provisions and sanctions for regional (per region) because the development of the virus in each region is very different.
IMPLEMENTATION OF THE SANCTION OF WHIP FOR THE COMMUNITY ACEH IN THE ERSFECTIVE OF ISLAMIC LAW Mhd. Fauzan Simanjuntak; R. Soesilo; Habibullah Harahap
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 1 (2023): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i1.4

Abstract

Customary Law is the entire code of community behavior that applies and has sanctions and has not been codified. Islamic law is one of the laws used by the Aceh government in enforcing Sharia law. The aim of this research is to what extent is the enforcement of caning laws carried out by the Aceh government regulations on convicts in cases of violations of Islamic law, why are there differences in caning sentences in a decision, and is there a connection to customs in sharia law in Aceh. Based on the research results, the caning law imposed in Qanun No. 6 of 2014 concerning the Jinayat Law did not receive any rejection from the people of Aceh. enforcement of Qanun no. 6 of 2014 was carried out by the Wilayatul Hisbah police, which is part of the civil service police. The determination of the defendant's sentence is carried out by the Panel of Judges at trial. Implementation of the whip law Qanun no. 6 of 2014 is expected to have a deterrent effect on perpetrators and serve as an example so that the people of Aceh do not violate Qanun no. 6 of 2014. There is an application of the law of caning which is applied to violators of Qanun No. 6 of 2014, different sentences are given according to the type of offense committed by the defendant
ANALYSIS OF MASLAHAH MURSALAH REGARDING PRE-MARRIAGE GUIDANCE AS AN ADMINISTRATIVE REQUIREMENT IN EFFORTS TO FORM THE SAKINAH FAMILY ON CONVERTING (STUDY AT KUA SIMPANG EMPAT KARO DISTRICT) Anasrudin; Milhan; Irwan
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 1 (2023): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i1.5

Abstract

Karo Regency or Tanah Karo is one of the districts in North Sumatra which is inhabited by various religions and beliefs, Islam being the religion of belief for some of its population. Of the various religious groups, religious people are certainly not free from various problems that occur, such as converting from one religion to another religion outside of Islam, as well as adherents of other religions who are moved to learn and join and adhere firmly to the religion of Islam or are also called converts. Recently, it has not only been limited to that, for Muslim converts who want to get married, they have been faced with marriage guidance before marriage as a condition that must be fulfilled, so they have had a little difficulty and quite a few of them have neglected pre-marital guidance when they converted to Islamic teachings. This type of research is classified as qualitative (analytical approach research) with the research approach used being an empirical juridical approach, while the data sources for this research are primary and secondary data sources. The data collection methods used by the author are interviews, documentation and observation. From this research it can be concluded: The implementation of pre-marital guidance for Muslim converts carried out at the KUA Simpang Empat District has gone well. The response of converts to this program is the awareness of the couple regarding their rights and responsibilities as husband and wife. so that in married life an attitude of mutual understanding and mutual respect is formed. The law of carrying out pre-marital counseling for converts to Islam according to the perspective of maslahah murlah is sunnah sukaadah. Premarital guidance is used as a positive administrative requirement, because premarital guidance for converts contains benefits to support the journey to building a household that is sakinah, mawaddah and rahmah.
EFFORTS TO OVERCOME THE CRIME OF MONEY LAUNDERING (PADANG LAWAS POLICE RESEARCH STUDY) Ilmuwani Lubis; Karolus Agung Dery Rianto; Irfan Rizky Pradya; Willy Novan Prakoso; Stephen Martin
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 2 (2023): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i2.6

Abstract

Money laundering, often known as money laundering, is carried out by government officials who hold the power to recover illegal money after getting results that do not belong to them. In Indonesian, money laundering is translated as "money laundering" or "money bleaching". Article 3 of Law Number 8 of 2010 concerning Prevention and Eradication of the Crime of Money Laundering states that every person who places, transfers, diverts, spends, pays, grants, entrusts, takes abroad, changes the form, exchanges for currency or securities or acts other assets which he knows or reasonably suspects are the proceeds of a crime with a maximum imprisonment of 20 (twenty) years and a maximum fine of Rp. 10,000,000,000.00 (ten billion rupiah). Based on research at the Special Investigation Unit of the Padang Lawas Police, there was a crime of money laundering. However, in reality there are still obstacles in solving the crime of money laundering. This research aims to explain the law enforcement process by the Criminal Investigation Unit of the Medan Police Special Investigations Section in the crime of money laundering, the efforts made by the Padang Lawas Police Criminal Investigation Unit in dealing with criminal acts of money laundering and the obstacles faced by the Special Criminal Investigation Unit of the Padang Lawas Police Special Investigations Section in tackling the crime of money laundering.
STUDY OF ENVIRONMENTAL CRIMINAL LAW FROM THE PERSPECTIVE OF CRIMINAL LAW IN INDONESIA Sahrul Mukhlis Lubis; Muhammad Ilham; Abdul Rozak Lubis
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 2 (2023): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i2.7

Abstract

The living environment is the unity of space with all the objects and living creatures in it, including humans and their behavior, which can influence the continuity of life between humans and the environment around them. At this time, environmental damage, especially in Indonesia, is increasingly worrying, which if left unchecked will gradually threaten human life itself. Apart from being caused by natural conditions, environmental damage is also generally caused by damage resulting from human activities that excessively exploit nature, such as forest destruction, illegal felling of trees, pollution of water, air, land and so on. This research examines the study of criminal law on the environment from the perspective of criminal law in Indonesia as well as the ambiguity of norms regarding the regulation of B3 waste dumping. This research uses a type of normative research which is then explained descriptively analytically with argumentative techniques. Indonesian positive law regulates the environment in Law No. 32 of 2009 concerning Environmental Protection and Management. It is hoped that future criminal law policies in dealing with environmental crimes from a criminal law perspective can be seen from various aspects such as criminalization policies, criminal responsibility. , criminal sanctions and punishment.
REVIEW OF FIQH SIYASAH ON IMPLEMENTATION MEDAN CITY REGULATION NO. 1 OF 2017 CONCERNING PARKING TAX (CASE STUDY OF PT. MARAPYOSIN KENCANA BUANA (BUANA PARKING)) AT RS. COLUMBIA ASIA MEDAN CITY Azmi Azmi Batubara; Fitri Chairani Panjaitan; Firanti Andari Nasution; Bob Feinberg
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 2 (2023): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i2.8

Abstract

This article aims to find out the comparison of parking rates applied and serve as a guideline in implementing the provisions regulated in the Medan City Regional Regulations (Medan City Regulation No. 1 of 2017 concerning parking tax) with the parking regulations stipulated by the Columbia Asia Hospital, Medan City. a review seen from the aspect of Fiqh Siyasah. This writing is motivated by various forms of problems which are used as complaints experienced by several consumers when using parking services which are considered less effective and the services provided are not commensurate with the rates set. The research method used is the Empirical Juridical method with a descriptive analysis approach. The results of this research indicate that the implementation of Medan City Regional Regulation no. 1 of 2017 has been running well and optimally, however, it has not been fully implemented by entrepreneurs from private companies who collaborate with Columbia Asia Hospital, Medan City, this is due to the profit factor obtained from collecting parking fees, as well as the absence of proper supervision. carried out by the Medan City Government as the implementer of public policy towards private parking entrepreneurs. According to the siyasah fiqh analysis, the implementation of Regional Regulation Number 1 of 2017 on parking rate policies in Medan City has not been fully implemented optimally in accordance with Islamic principles and siyasah fiqh rules. This is due to the profit factor obtained from quoting parking rates, as well as the absence of supervision carried out by the Medan City Government as the implementer of public policy towards private parking entrepreneurs. According to the siyasah fiqh analysis, the implementation of Regional Regulation Number 1 of 2017 on parking rate policies in Medan City has not been fully implemented optimally in accordance with Islamic principles and siyasah fiqh rules. This is due to the profit factor obtained from quoting parking rates, as well as the absence of supervision carried out by the Medan City Government as the implementer of public policy towards private parking entrepreneurs. According to the siyasah fiqh analysis, the implementation of Regional Regulation Number 1 of 2017 on parking rate policies in Medan City has not been fully implemented optimally in accordance with Islamic principles and siyasah fiqh rules.
JURIDICAL REVIEW OF LEGAL PROTECTION AGAINST COMMUNITIES IN INDONESIA WHO ARE ENTANGLED IN THE ILLEGAL LOAN PERFORMANCE SYSTEMATIC FROM THE FIQH SIYASAH PERSPECTIVE Humaidi Fathani; Yusriyah Darma Sitanggang; Zhenyu Cui
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 2 (2023): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i2.9

Abstract

This paper aims to determine the status of legal protection for people who are caught in the systematic performance of illegal loans, reviewed juridically and from the legal perspective of siyasah dusturiyah. This writing is motivated by the various problems currently being faced by the community who are fearful of feeling anxious due to the impact of the performance of illegal loans which are considered to be arbitrarily acting and taking away someone's freedom in an unusual way, so this must be explored further in solving these problems. The research method used is the Normative Juridical method with a descriptive analysis approach. The results of this research show that the systematic performance of pinjol in Indonesia is contradictory and contrary to the legal norms or regulations in force. Because lending is the same as an act of extortion and a violation of the ITE Law, seen from the aspect of violating the ITE Law, if a fine limit is not respected, users of illegal lending services will suffer consequences in the form of commercial distribution of all data or biodata contained in the resident's identity and ultimately data leakage occurs. According to the legal perspective of siyasah, this loan problem is essentially a problem related to social norms or siyasah dusturiyah, a policy from the government which opens up opportunities in the implementation of the OJK (Financial Services Authority) and does not rule out the possibility of also opening up opportunities for the implementation of illegal loans. In terms of fiqh, this problem is included in the issue of siyasah dusturiyah which violates the principles of a policy in Islamic law.
EFFORTS TO OVERCOME THE CRIME OF THEFT OF MOTOR VEHICLE PROCEEDINGS FROM THEFT IN THE JURISDICTION OF THE BINJAI POLICE Siti Indarwati; Tiolita Dora Br Tarigan; Wismar Azmi; Ian Wooton
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 2 (2023): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i2.10

Abstract

This article aims to find out how to deal with the criminal act of stealing motor vehicles from theft in the jurisdiction of the Binjai Police and what sanctions are imposed on the perpetrators of this criminal act of holding. This writing is based on problems that often occur in the Binjai area and have not yet been effective in resolving legal problems. The research method used is the Empirical Juridical method with a descriptive analysis approach. The results of this research. The increase in crimes involving theft of motorized vehicles is caused by various factors, namely internal factors consisting of individual factors, economic factors and educational factors. Meanwhile, external factors that can influence it are environmental factors and technological and cultural development factors. In order to ensure that criminal acts of detention by theft do not continue to increase, it is necessary to make efforts to overcome them.

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