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Heri Firmansyah
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Albayan : Journal of Islam and Muslim Societies
Published by Yayasan Dar Arrisyah Indonesia
ISSN : -     EISSN : 30646219     DOI : -
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
Albayan Journal of Islam and Muslim Societies (AJIMS) is an international peer reviewed journal published by Yayasan Dar Arrisyah Indonesia. AJIMS has the primary academic mission to develop various Islamic studies based on contemporary Islamic perspective, particularly in Indonesia, and Commonly in Asia and Middle East.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 16 Documents
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Search results for , issue "Vol. 1 No. 02 (2024)" : 16 Documents clear
Pembatasan Masa Jabatan Pejabat Dua Periode Dalam Perspektif Fiqh Siyasah Hazizah Hasibuan; Erna Susanti; Sabila Alhakim; Rahman; Riski Nasution; Rahayu Pratiwi
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 02 (2024)
Publisher : Albayan Journal of Islam and Muslim Societies

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Abstract: This paper discusses the relationship between the duties and objectivess of the state in fiqh siyasah and the two-term presidential system. In fiqh siyasah, the state's duties are outlined as efforts to establish order, promote the welfare of the people, maintain defense and security, and uphold justice. The ultimate goal of the state is to achieve the happiness of its citizens, which requires stable and sustainable leadership. A two-term leadership tenure can be seen as a solution to ensure that leaders have sufficient time to plan and implement long-term policies without being hindered by excessive political dynamics. In this context, effective leadership over two terms allows a state to achieve its objectives, such as social welfare, legal order, and security, through policy consistency and governance continuity. Thus, the two-term system can be viewed as a means to achieve the broader goals of the state, providing leaders the opportunity to fulfill their duties effectively and address existing challenges. The restriction of positions in two periods is also in accordance with the principles of fiqh siyasah to minimize the occurrence of absolute, corrupt and arbitrary power.   Abstrak: Tulisan ini membahas hubungan antara tugas dan tujuan negara dalam fiqh siyasah dan sistem presidensial dua periode. Dalam fiqh siyasah, tugas negara digariskan sebagai upaya untuk membangun ketertiban, memajukan kesejahteraan rakyat, menjaga pertahanan dan keamanan, serta menegakkan keadilan. Tujuan akhir negara adalah untuk mencapai kebahagiaan warganya, yang membutuhkan kepemimpinan yang stabil dan berkelanjutan. Masa jabatan kepemimpinan dua periode dapat dilihat sebagai solusi untuk memastikan bahwa para pemimpin memiliki waktu yang cukup untuk merencanakan dan menerapkan kebijakan jangka panjang tanpa terhalang oleh dinamika politik yang berlebihan. Dalam konteks ini, kepemimpinan yang efektif selama dua masa jabatan memungkinkan negara untuk mencapai tujuannya, seperti kesejahteraan sosial, ketertiban hukum, dan keamanan, melalui konsistensi kebijakan dan kontinuitas tata kelola. Dengan demikian, sistem dua periode dapat dipandang sebagai sarana untuk mencapai tujuan negara yang lebih luas, memberikan kesempatan kepada para pemimpin untuk memenuhi tugas mereka secara efektif dan mengatasi tantangan yang ada. Pemberlakuan jabatan dalam dua periode juga sesuai dengan prinsip fiqh siyasah untuk meminimalisir terjadinya kekuasaan yang absolut, korup, dan sewenang-wenang.
Sertifikasi Halal Suatu produk Skincare dalam Perspektif Fiqh Kontemporer Ningsih, Febri Adelia; Sumantri, Sonya Noprisa; Fachri , Syacharani Aulia; Sabrina, Shafiyah; Ahmad Sukry Daulay
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 02 (2024)
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Halal certification in skincare products is gaining increasing importance in line with the rising public awareness of the need for products that comply with Sharia principles. The perspective of contemporary Islamic jurisprudence (fiqh) plays a significant role in shaping opinions regarding the use of various ingredients in cosmetic products, including skincare. This perspective integrates traditional fiqh principles with the demands of modern times, particularly in evaluating controversial substances such as alcohol commonly found in cosmetics. Contemporary fiqh highlights that, beyond the halal status of ingredients, aspects of health and safety must also be given primary consideration. Halal certification not only provides assurance of religious compliance but also affirms the safety of the product for consumers. However, challenges persist in its implementation, notably in relation to marketing overclaims and the use of non-standardized ingredients. Strengthening consumer education and regulatory oversight are thus essential strategies for ensuring the sustainability and effectiveness of halal certification in the cosmetic industry.  
Hukum Bayi Tabung Dalam Perspektif Hukum Islam Kontemporer Yannur Rezkina Harahap; Nazwa Fadillah Ritonga; Unzurnaa; Salsabila Fitri Anggraini; Rojaya Marbun
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 02 (2024)
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This study examines the Islamic Legal Perspective on in vitro vertilization (IVF), commonly known as test – tube baby procedures, which serve as a medical solution for married couples facing infertility, The research focuses on the permissibility and boundaries of IVF according to islamic principles, such as lineage vlarity, prohibition of adultery, and preservation of progeny (hifz al-nasl). Anormative qualitative method with a descriptive-analytical approach is used, based on the Qur’an, Hadith, and Contemporary scholars’ opinions. The findigs indicate that IVF is permissible in islam as long as the sperm and ovum originate from a legally married couple, and the fertilization process does not involve third parties such a sperm or egg donors or surrogate mothers. Involving third parties renders the procedure impermissible due to the risk of lineage confusion and violation of marital principles. Thus, the permissibility 
Analisis Fiqh Kontemporer Terhadap Pernikahan Melalui Platform Digital: Studi Kasus Nikah Via Zoom Hsb, Ummi Najipah; Khumairah, Jihan Oka; Hasibuan, Hazizah; Tami, Wilanda Juliani; Ananda, Aisah Putri
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 02 (2024)
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  Abstract The development of information technology has brought significant changes in the implementation of marriage contracts, one of which is the emergence of online marriage contracts through digital platforms such as Zoom. This study aims to analyse the validity of online marriage contracts from the perspective of contemporary fiqh. The method used is qualitative with a normative-theological approach through literature study. The results show that online marriage contracts can be considered valid as long as the pillars and conditions of marriage are fulfilled, such as the presence of the bride and groom, guardians, witnesses, and clear recitation of ijab and qabul in one virtual assembly. Some contemporary scholars and the more flexible Hanafi school support the validity of this contract. The contemporary fiqh approach also refers to maqashid sharia, which emphasises benefit and avoidance of hardship, making online marriage contracts a relevant solution in the digital era. The impact of this research shows that digital marriage contracts are a modern ijtihad that fulfils the needs of Muslims without ignoring the principles of sharia, provided that its application must be carried out carefully and responsibly.  
Jual Beli Online Dalam Perspektif Hukum Islam Tarikha Khainursyah Siregar; Khairunnisa Tanjung; Jihan Safa Batubara; Bunga Natasyah
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 02 (2024)
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The development of information technology has driven changes in economic activities, including in the practice of buying and selling which can now be done online. Online buying and selling provides convenience for the community, but also raises concerns about its validity and permissibility in the eyes of Islam. This study aims to examine online buying and selling based on the perspective of Islamic law, with a qualitative approach through literature study. The results of the study indicate that online buying and selling can be categorized as valid and permissive as long as it meets the pillars and conditions of the contract that have been set in Islamic law, such as clarity of the object of the transaction, agreement between both parties, and does not contain elements of gharar, fraud, or usury. This study confirms that the basic principles of muamalah in Islam provide room for transaction innovation as long as it is based on the values ​​of justice and transparency. Therefore, online buying and selling is permitted as long as it does not conflict with the principles of Islamic law.
Kaidah Fiqhiyyah Yang Berkaitan Dengan Masalah ‘Iddah NISA, KHAIRATUN; ADLY, MUHAMMAD AMAR; FIRMANSYAH, HERI
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 02 (2024)
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The ‘iddah period in Islamic family law serves as an essential safeguard for lineage, the dignity of women, and post-marital social stability. Qaidah Fiqhiyyah provide a normative foundation that elucidates the wisdom and objectives underlying the establishment of ‘iddah. This study employs a qualitative method with a literature review approach. Data were collected from primary and secondary sources, including classical and contemporary fiqh literature as well as Indonesian Islamic legal regulations. Two qaidah fiqhiyyah related to the issue of ‘iddah are discussed in this study. These qaidahs have been interpreted by scholars from the four major Islamic schools of thought, reflecting diverse perspectives that ultimately converge on a shared objective: the protection of women's rights. The ‘iddah period is not merely a ritual obligation, but a legal mechanism that realizes the objectives of Islamic law (maqāṣid al-sharī‘ah), particularly in preserving lineage and providing space for reflection and reconciliation. Understanding these principles is crucial for strengthening a just and compassionate Islamic family law system in the modern era.
Tinjauan Yuridis Perencanaan Sistem Restorative Justice Dalam Penanganan Tindak Pidana Anak Pranito, Benny; Maryani, Halimatul
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 02 (2024)
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This study aims to examine the role and contribution of law enforcement officers in the planning and implementation of the restorative justice system for children involved in criminal offenses. In addition, the research method employed is normative juridical and empirical legal research. Data were obtained through data collection, literature study, and field research. The research findings indicate the continued dominance of the retributive approach in the legal culture of law enforcement, despite the increasing introduction of restorative justice. The retributive (punitive) approach still prevails in the legal mindset of Indonesian authorities. Many officers tend to impose punishment as the primary means of resolving cases, without considering rehabilitation or the restoration of social relationships.The implementation of the restorative justice system in handling juvenile criminal cases in Indonesia emerged from an urgent need to replace the conventional judicial approach, which tends to be punitive and neglects the developmental aspects of children. Factors such as children's psychological immaturity, the importance of protecting children's rights, and the negative impact of detention on a child's future strongly support the necessity of a more participatory and rehabilitative approach. This system is also driven by national regulations, such as the Juvenile Criminal Justice System Law (UU SPPA), and the demands of international conventions, such as the Convention on the Rights of the Child (CRC).
Penerapan Sanksi Hukum Pidana Bagi Pelaku Geng Motor Yang Meresahkan Masyarakat Jon Antoni
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 02 (2024)
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The phenomenon of motorcycle gangs has become a growing social concern, particularly in urban areas such as the city of Medan. These gangs are often involved in various criminal acts, including assault, vandalism of public facilities, and illegal street racing, all of which disturb public order. This study aims to examine the application of criminal sanctions against motorcycle gang members who cause public unrest. The research employs a normative juridical approach by analyzing relevant laws and regulations, complemented by empirical research through interviews with police officers, community members, and victims of motorcycle gang actions. The collected data is analyzed using qualitative analysis techniques. The findings reveal that the police play a crucial role in addressing motorcycle gang activities through preventive measures such as routine patrols and community outreach programs, as well as enforcing the law against perpetrators involved in criminal acts. The common crimes committed by motorcycle gangs include assault, murder, theft, property damage, and traffic violations. The legal sanctions imposed on perpetrators are in accordance with the Indonesian Penal Code (KUHP) and the Law on Traffic and Road Transportation, consisting of imprisonment, fines, and administrative penalties. The conclusion of this study is that law enforcement efforts against motorcycle gangs are in line with existing regulations. However, challenges remain, particularly in terms of evidence collection and handling perpetrators, many of whom are underage. Therefore, greater community involvement and collaboration between law enforcement agencies, the government, and educational institutions are recommended to comprehensively address the issue of motorcycle gangs.
Tinjauan Yuridis Terhadap Tindak Pidana Korupsi Dana Desa: Studi Kasus Putusan (Nomor 59/Pid.Sus-Tpk/2019/Pn Mdn) Siti Rohaya
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 02 (2024)
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This research discusses the criminal act of village fund corruption committed by village officials, using the case study of Decision Number 59/Pid.Sus-TPK/2019/PN Mdn. The focus of the study is to analyze the legal regulations related to village fund corruption, the application of the elements of corruption in the case, as well as the legal considerations of the judge in rendering the verdict. This study employs a normative juridical method through statutory and literature approaches, supplemented by field interviews. The findings indicate that the misuse of village funds often occurs due to weak supervision, limited legal understanding, and low integrity of village officials. The court's ruling refers to Articles 2 and 3 of the Anti-Corruption Law (UU Tipikor), considering elements such as illegality, abuse of authority, and state financial losses. In addition to juridical aspects, the judge also considered the socioeconomic background of the defendant. This research underscores the importance of reforming the village financial management system to ensure greater transparency and accountability, strengthening the legal capacity of village officials, and enhancing community participation in overseeing village fund utilization. Moreover, strong commitment and synergy among law enforcement agencies such as the Corruption Eradication Commission (KPK), the Prosecutor’s Office, and the Audit Board of Indonesia (BPK) are essential to ensure the effectiveness and sustainability of anti-corruption efforts at the village level. This case serves as a significant example of how legal approaches can be strategic instruments in upholding justice and protecting citizens' rights to corruption-free development.
Analisis Yuridis Peningkatan Pelayanan Paspor Di Era Digital Pada Kantor Imigrasi Kelas II Belawan Ditinjau Menurut UU No 6 Tahun 2011 Andreas Virga Siahaan; Tri Reni Novita
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 02 (2024)
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This research aims to analyse the improvement of passport services in the digital era at the Class II Belawan Immigration Office from a juridical point of view, specifically based on Law Number 6 of 2011 concerning Immigration. The main focus of this research includes three aspects, namely: legal arrangements related to passport services according to laws and regulations, identification of obstacles in the implementation of digital services, and solutions applied by the Immigration Office in overcoming these problems.The research method used is empirical juridical method, with data collection techniques through literature study and direct interviews with immigration officers and academics in the field of state administrative law. The results showed that digital passport services have had a positive impact on the efficiency and transparency of public services. However, there are still obstacles in the form of a lack of public digital literacy, technological infrastructure constraints, and the need to strengthen personal data protection.In conclusion, the digitalisation of passport services is a policy that is legally valid and in accordance with immigration principles. To create inclusive and sustainable services, synergy between the government, the community, and the private sector is needed in terms of education, system strengthening, and legal protection.

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