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Jurnal El-Thawalib
Published by Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan
ISSN : -     EISSN : 28287231     DOI : https://doi.org/10.24952/el-thawalib
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Jurnal El Thawalib Journal focuses its study on issues related to Islamic law and society in Muslim and non-Muslim countries from various perspectives, both theoretically and practically. The primary objective of this journal is to serve as a medium for the communication of original research results and current issues in the field. This journal is open to contributions from researchers and academics in relevant scientific disciplines, such as Islamic family law (Ahwal Al Syaksiyyah), Islamic economic law (Muamalah), Islamic criminal law (Jinayah), Islamic constitutional law (Siyasah), and Quranic studies and interpretation.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 13 Documents
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Search results for , issue "Vol 3, No 5 (2022)" : 13 Documents clear
Sanksi Adat Dalam Tindak Pidana Perjudian Di Desa Gunung Hasahatan (Perspektif Hukum Pidana Islam) Siregar, Fitra Amalia; Siregar, Fatahuddin Aziz
Jurnal El-Thawalib Vol 3, No 5 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i5.6204

Abstract

Gambling is to risk a certain amount of money or treasure in a guessing game based on chance, with the aim of obtaining an amount of money or treasure that is greater than the original amount of money or treasure. Gambling is regulated in Article 303 of the Criminal Code and the basis for the prohibition of gambling in Islamic Law is contained in the Qur'an surah al-Ma'idah verse 90. The formulation of the problem from this study is how customary sanctions in gambling crimes in Gunung Hasahatan Village, how to review Islamic Criminal Law against customary sanctions in gambling crimes in Gunung Hasahatan Village. The purpose of this study is to find out how customary sanctions in gambling crimes in Gunung Hasahatan village, to find out the review of Islamic criminal law against customary sanctions in gambling crimes in Gunung Hasahatan Village. The theories used in this study are theories related to gambling, gambling articles in the Criminal Code and gambling in Islamic Law. Furthermore, the type of research used is field research. The results of the research obtained that, customary sanctions in gambling crimes in Gunung Hasahatan Village, Padangsidimpuan Batunadua District, Padangsidimpuan City, were given included in the category of ta'zir law. As for the punishment has been determined by the Gunung Hasahatan Village Apparatus through the way of deliberation, the punishment of ta'zir is given because it is in accordance with the principles of ta'zir punishment in the Islamic Criminal Law. The punishment of ta'zir is a punishment that is left to the leader. Both its determination and its implementation. The punishment in Gunung Hasahatan Village has the same purpose or ideal as the ta'zir punishment, which is to make the perpetrator of the crime deterrent and will not repeat his actions again and become a lesson for others as a prevention in the occurrence of criminal acts and the realization of security, peace and tranquility.
Koalisi Partai Nasionalis dan Partai Islam Pilkada Labuhan Batu Tahun 2020 Ditinjau Menurut Fiqh Siyasah Nurhaliza, Siti
Jurnal El-Thawalib Vol 3, No 5 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i5.6199

Abstract

This study examines the Implementation of the Nationalist Party and Islamic Party Coalition in the 2020 Labuhanbatu Regency Election, then the considerations made by the Nationalist Party and Islamic Party to Choose a Coalition in the Labuhanbatu Regency Election 2020. This research is a field study research with a qualitative approach, Data sources The primary ones are: the Prosperous Justice Party, the Indonesian Democratic Party of Struggle, the Hanura Party, the National Awakening Party and the KPU in the election of regional head candidates in Labuhanbatu Regency in 2020 and also the winning team for the pair H. Erik Atrada and Ellya Rosa. Secondary data sources are books and documents, observation data collection techniques, interviews and documentation, data analysis techniques using qualitative descriptive. The results of this study indicate that the formation of the coalition that was built between the Nationalist Party and the Islamic Party was not based on ideological similarities but, vision, mission and background as a candidate for Regent which became the basis for forming a coalition. In addition, the support of 20% from a combination of political parties is also one of the reasons for the formation of a coalition which is a requirement for candidacy through the Coalition route. The form of this coalition is a coalition that meets the KPU's requirements with the support of 20% of the DPRD seats.
Sanksi Pidana Penyebar Berita Bohong (Analisis Putusan Pengadilan Negeri Padangsidimpuan Nomor 148/Pid.Sus/2021/PN Psp). Walidain, Minsor
Jurnal El-Thawalib Vol 3, No 5 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i5.6205

Abstract

The problem in this study is that the current judge's decision or court decision provides sanctions to perpetrators of crimes or violations according to the author, which does not provide a deterrent effect on perpetrators, so that these sanctions do not create a deterrent effect for perpetrators who commit crimes or violations. Therefore, crimes or violations are currently increasingly prevalent in everyday life. This type of research is a field research (Field Research), which is a research conducted in the real life arena, while the data needed is about theories regarding the law of spreading fake news where the research observes and participates directly in small-scale social research and observes the subject/object of the research. The results of this study are that Yanharis Bangsawan or the Defendant was right to have spread fake news on social media Facebook during the trial, the accusations made by the defendant against the victim were not proven to be true when the trial the judge also examined the chronology. Therefore, judges may not impose sanctions or decide on a case in a trial by themselves, it takes a certain consideration and reasons. The judge gives the sanction of the decision in a trial. However, the reason for the judge Number 148/Pid.Sus/2021/PN Psp, according to the author, is still lacking because the defendant has never been convicted or committed a criminal act, the sanction is reduced even though in this case the defendant had the intention of committing a criminal act.
Kelancaran Lalu Lintas di Kota Padangsidimpuan di Perspektif Fiqh Siyasah Justika, Justika; Siregar, Khoiruddin Manahan
Jurnal El-Thawalib Vol 3, No 5 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i5.6200

Abstract

This study discusses the role of the Padangsidimpuan City Transportation Service in Implementing Article 23 Paragraph 1 of Law Number 22 Year 2009 concerning Traffic Smoothness and Road Transportation. The background of this research is to analyze the role of the Padangsidimpuan City Transportation Service in Implementing Article 23 Paragraph 1 of Law No. 22 of 2009 concerning Traffic Smoothness and Road Transportation, as well as to find out the factors that the Transportation Office does in controlling traffic in Padangsidimpuan City when viewed from the perspective of the Department of Transportation. siyasa fiqh.This research was conducted from October 2021 to March 2022, located in Padang Matinggi, Simpang Silandit, Tugu Siborang, and Sadabuan. This research is a type of field research using qualitative methods (field research) to collect data in the field to obtain accurate information regarding the object under study. Collecting data in this study are interviews, observations or observations, and documentation. The parties studied are the Department of Transportation, Riders, Passengers, and the Community.The results showed that the implementation of Law No. 22 of 2009 article 23 paragraph 1 in the City of Padangsidimpuan concerning the Role of the Department of Transportation in Controlling the Smoothness of Traffic and Road Transportation has not been carried out optimally because of people's habits who do not obey the applicable regulations and do not consider it important to have the rule of law. The inhibiting factors for the implementation of Law Number 22 of 2009 Article 23 Paragraph 1 concerning the Role of the Department of Transportation in Controlling the Smoothness of Traffic and road transportation in the city of Padangsidimpuan are the lack of public awareness about the law, inadequate facilities such as traffic lights, road signs. traffic signs, lack of socialization to the community and lack of quality on the highway.
Pembubaran HTI Ditinjau menurut PERPPU No. 2 Tahun 2017 Tentang Ormas Nasution, Muhammad Yasid; Dalimunthe, Dermina
Jurnal El-Thawalib Vol 3, No 5 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i5.6195

Abstract

This study examines how to dissolve HTI organizations. The type of this research is normative research with a law approach, while the primary data source is Law no. 17 of 2013 concerning Community Organizations, PERPPU No. 2 of 2017 concerning Community Organizations and secondary data from books, journals and documents related to this research, the data collection technique is by tracing and documenting, while the data analysis technique uses inventory, identification, classification and systematization. The results of this study that the dissolution of HTI did not go through the procedures based on Law no. 17 of 2013 because Law No. 17 of 2013 concerning Ormas cannot explicitly and quickly deal with HTI which in the government's view has opposed Pancasila and HTI is trying to change the state ideology into the ideology of caliphate and this threatens the integrity of the Unitary Republic of Indonesia. If the government dissolves HTI with the procedure of Law no. 17 of 2013 it will take a long time because it must go through a judicial process first. The issuance of PERPPU No. 2 of 2017 concerning Ormas even though there is still Law no. 17 of 2013 because the government saw a threat from mass organizations that spread an ideology that was contrary to Pancasila.
Penggunaan Jasa Kurir Dalam Jual Beli Online Tinjauan Kompilasi Hukum Ekonomi Syariah Winda, Winda
Jurnal El-Thawalib Vol 3, No 5 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i5.6203

Abstract

An agreement can be understood that an agreement is an agreed action to be carried out by someone with someone, several people with several other people (one party with another party). In law, if an act results in the law, the act is called a legal act, where legal actions are agreements entered into by the parties. Default is a bad performance or breach of contract which means that the obligations are not carried out properly as imposed by the contract. The above problems will be answered by the author by conducting field research, the data sources of this research are primary data and secondary data. Data collection techniques using field studies, namely interviews and documentation. Interviews were conducted with Service Users who perform courier services in delivering goods (packages) in Kampung Mesjid Village, Kualuh Hilir District, Labuhan Batu Utara Regency. This data processing technique is after the data is complete and collected. Based on the results of this study, it shows that the use of courier services in online buying and selling in Kampung Mesjid Village, Kualuh Hilir District, Labuhan Batu Utara Regency, couriers have broken promises in delivering goods. The review of the Compilation of Sharia Economic Law on the Use of Courier Services in Online Buying and Selling who does not break promises is contained in article 36 regarding breaking promises: Not doing what he promised to do. Carry out what was promised, but not as promised. Doing what was promised but late, or doing something that according to the agreement should not be done.
Peran Dinas Pendidikan Dalam Wajib Belajar di Tinjau Menurut Fiqh Siyasah Alawiyah, Rafida
Jurnal El-Thawalib Vol 3, No 5 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i5.6198

Abstract

This research  discusses the Role of the Education   Office in the Compulsory Education Program  in  the New Village of Batahan District, West  Pasaman Regency, this research was motivated by the large number of children who  Drop out of  school and  prefer to work while judging from the age of children aged 7-18 years should be eligible to sit in  the pendidiment and complete their education until produce diplomas from elementary, junior high and high school so as to cause implementation that is not in accordance with existing  rules.  This type of research  is field research (Field Researche)  using qualitative descriptive analysis methods, this method of  collecting data  collection is by interview and  documentation.  The parties studied are   the West Pasaman Regency Education Office, The Community and Children who dropped out of school in  the NewVillage of  West Pasaman Regency. The results of the study that said that the Role of the Education  Officeinthe Compulsory Education Program  in  the NewVillage of Batahan District of West  Pasaman Regencyhave been carried out.  This is seen from the form of implementation that has been implemented by the Education  Office by  socializing  to schools, UPTD and the community, but not yet maximal and still Many children drop out of school and prefer to work  and  do not produce a diploma.
Dampak Game Online Terhadap Keharmonisan Rumah Tangga Hasibuan, Selli Mariyana; Sirait, Adi Syahputra
Jurnal El-Thawalib Vol 3, No 5 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i5.6209

Abstract

Family harmony is a condition where family members are full of calm, tranquility, love, mutual understanding, dialogue and good cooperation between family members. Family harmony can be seen with the responsibility in fostering a family based on mutual respect, mutual acceptance, respect, mutual trust and love for each other. A harmonious family is a family that can lead a person to live a happier, more worthy and more peaceful life. Family harmony is characterized by unified relationships, open communication and warmth among family members. A harmonious family is a condition where all members carry out their respective rights and obligations, there is love, mutual understanding, good communication and cooperation between family members. A harmonious family is a happy and positive place to live, because family members have learned several ways to treat each other well. Family members can support each other, give love and have an attitude of loyalty, communicate openly between family members, respect each other and enjoy togetherness. However in today’s era, and the development of technology such as cellphones and so on, where this cellphones is one of the causes of the destruction of domestic life that has been built for years, and many families who used to be harmonious families have become destroyed by one of the games on the cellphone, namely online games, which is where the online game became one of the triggers for the destruction of the family. Because these online games have been played by many people, not even fathers and mothers, there are also many who play online games so that they forget their responsibilities and obligations as the head of the household and so on. So that online games have a very bad effect on household harmony
Pendapat Penegak Hukum Terhadap Pemidanaan Penyelenggara Jalan Di Kota Padangsidimpuan ditinjau Menurut Hukum Pidan Islam Harahap, Efnilasari
Jurnal El-Thawalib Vol 3, No 5 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i5.6206

Abstract

Road operators are activities that include the regulation, financing, construction and supervision of roads, planning policy formulation activities, drafting, general planning, and drafting road laws and regulations, carried out by the authorities aimed at realizing order and legal certainty in road operators, realizing the role of the community in road operators and realizing the role of road operators and optimally providing services to road operators  community. The formulation of the problem from this study is how the law enforcement opinions of the city of Padangsidimpuan towards the punishment of road operators and how the review of Islamic criminal law on the punishment of road operators. The purpose of this study is to find out the opinion of padangsidimpuan city law enforcement towards the punishment of road operators and to find out the review of Islamic criminal law on the punishment of road operators. The theory used in this study is a theory related to the punishment of road operators and Law No. 22 of 2009 concerning Road Traffic and Transportation. furthermore, the type of research used is field research (field research) using qualitative analysis with deductive methods. The results of the research obtained were that the punishment of belun road operators was carried out in the city of Padangsidimpuan due to public ignorance regarding the existence of Law No. 22 of 2009 concerning Road Traffic and Transportation and the factors that influenced the non-implementation of article 273 of Law No. 22 of 2009 concerning Road Traffic and Transportation was the lack of socialization of the Law to the Community. 
Konseptualisasi Kompilasi Hukum Ekonomi Syariah Terhadap Praktik Hutang Piutang Antara Toke Ikan Dengan Nelayan Tobing, Dita Rusiani L.; Hasibuan, Zulfan Efendi
Jurnal El-Thawalib Vol 3, No 5 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i5.6201

Abstract

Debt is an activity of borrowing money or goods between people in need (debtors) and people who have money or goods (creditors) and then lending them and later the money or goods will be returned in the same form and amount. This is similar to what happened at the Help Group Warehouse in Sibolga City where when fishermen want to go sailing to catch fish, the fish toke will finance or give debts to fishermen according to what is needed when they want to catch fish, on the condition that fishermen must sell their catch. to fishermen. toke fish at below market prices. To find out the practices between fishing activities and fishermen in the fishermen's group warehouse, please help in the compilation of sharia economic law. This research is included in empirical research (field research), and the use of a qualitative approach, the data used comes from primary and secondary data, and the research methods of collecting are interviews and documentation. Based on the results of research on the Practice of Receivables from Toke Fish and Fishermen in the Compilation of Sharia Economic Law (Case Study of Warehouses for Auxiliary Fisherman Groups in Sibolga City), the contract agreement was made orally, the debts incurred in the KNTM warehouse in Sibolga City were harmonious and harmonious. receivables and receivables have been fulfilled, then the practice of receivables is legal according to the Sharia Economic Law Compilation. However, the benefits in trade payables that occur in the Sibolga City KNTM warehouse and the existence of conditional debts make the debt unlawful or the debt canceled because there is a withdrawal of benefits in it, this is not permitted.

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