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Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial
Published by Universitas Islam Negeri Ar-Raniry Banda Aceh
ISSN : 20889712     EISSN : 25805363     DOI : http://dx.doi.org/10.22373/dusturiah
Core Subject : Economy, Humanities, Social,
Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
Dusturiyah journal accepts manuscripts in Indonesian, English and Arabic with focus: a study of laws and regulations: law, fiqh, Islamic economics, politics and social institution.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 156 Documents
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CHILDFREE IN THE PERSPECTIVE OF ISLAMIC LAW AND COMMUNITY VIEWS IN ASAHAN DISTRICT Putri Setia Ningsih; Faisal Faisal; Malahayati Malahayati
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 13, No 2 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i2.19412

Abstract

Childfree is a choice made by a person or married couple who do not want to have children after marriage, whether biological children, stepchildren, or adopted children. The assumption is that the inability of a person or partner to be responsible for having children, fear, and financial conditions are the main factors in choosing childfree. This study is related to childfree ness in the perspective of Islamic law and the views of the people of Asahan Regency, and its impacts. The method in this study is qualitative research, with an empirical juridical approach. Descriptive nature with data collection techniques using field study techniques and literature review. The results of the study show that from an Islamic perspective, childfree is carried out by permanently disabling the reproductive system, so the law is unlawful. However, if it is done in a temporary period then the law is makruh because basically having children is a recommendation, not an obligation. This is also in line with Article 1 of Law Number 1 of 1974 concerning Marriage. In the opinion of some people in Asahan Regency, the choice of childfree is a private right of a person which cannot be questioned because basically in the 1945 Constitution Article 28E paragraph (2) stipulates that everyone has the right to freedom of expression of thoughts and attitudes according to their conscience, however, some others argue that the childfree choice in society is considered a selfish choice and violates nature. In addition, the impact of choosing childfree, especially for women, has a high risk in terms of health.
PROOF OF THE CRIME OF MURDER REGARDLESS OF THE USE OF FORENSIC AUTOPSY EVIDENCE (Kendari District Court Study) Irmansah, Irmansah; Satria, Hariman; Dagani, Gamlan
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 14, No 1 (2024): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v14i1.23289

Abstract

In essence, evidence in criminal cases is an effort to provide evidence through tools that can prove a case and its allegations, one of which is forensic autopsy evidence which is used as evidence. In fact, forensic autopsy evidence is very important in criminal homicide cases because it can confirm a person's death carried out by a forensic autopsy expert and speed up the court process. The aim is to prove the KUHAP evidentiary system through forensic evidence, and determine the value of forensic evidence in murder, and use it as expert testimony, this is also used as a basis for the judge's decision against the defendant. The research carried out is empirical legal research using an empirical approach from secondary data by managing primary, secondary and tertiary legal materials. Based on the research results, first we have to know that every country definitely has laws or regulations that apply in each country. As in murder cases, if witness statements are not always correct, judges really need forensic autopsy evidence as expert testimony, and it is rare to find witnesses who directly witnessed the crime of murder, and this becomes an obstacle for judges. Then in murder cases, many families do not want to have a forensic autopsy done. The meaning of a forensic autopsy is to find the true case and look for the causes that caused the person's death. Then, for clues and truth, a forensic autopsy must be carried out to achieve justice.
ANALYSIS TA'ZIR PUNISHMENT AND ISTINBATH LEGAL METHOD IMAM MALIK'S PERSPECTIVE Sufrizal Sufrizal; Muhammad Alwin Abdillah; M. Anzaikhan
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 13, No 2 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i2.19367

Abstract

This study discusses the human ta'zir perspective of Imam Malik. Imam Malik argues that there is no minimum and maximum limit for uqubah / ta'zir punishment. It is well known in the Maliki madzhab, especially Imam Malik, that ta'zir punishment can exceed the limits of had punishment in some conditions and situations. Imam Malik once flogged a man who was found with a boy 400 lashes. Imam Malik's opinion is based on the actions of Umar bin Khatab r.a. where he flogged a man who faked Umar bin Khatab's ring to trick the baitul mal guard, with the aim of taking some of the baitul mal treasures. Caliph Umar at that time whipped him 100 times on the first, second and third day. If accumulated, umar bin khattab whipped the man 300 lashes. If we look at the istinbath method / method of determining the law used by Imam Malik r.a on this issue is to take the fatawa of the companions / mauquf hadith as a conceptual basis for determining the law and leave the Prophet's hadith which expressly prohibits the implementation of the ta'zir punishment beyond ten lashes. It is clearly seen in this problem that the characteristics of Imam Malik and his followers are very respectful of the words and actions of the companions even though at first glance they contradict the text.
LAW ENFORCEMENT BPOM BANDA ACEH AGAINST CRIMINAL ACTS. FOOD PRODUCTION USES BORAX AND FORMALIN Yuhermansyah, Edi; Akbar, Hajarul; Alya, Cut
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 14, No 1 (2024): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v14i1.17492

Abstract

The need for food production is inseparable from the efforts of consumers who want food to last longer, thus triggering food producers to compete to make the food according to the wishes of consumers in a way that is not justified by laws and regulations, but this method will cause various diseases, even death. BPOM has a basis for law enforcement against criminal acts of food production according to the provisions of Article 6 Paragraph (1) and Article 7 Paragraph (2) of Law Number 8 of 1981 concerning criminal procedural law. The questions in this thesis are how is the law enforcement of food production crimes carried out by BPOM Banda Aceh, and what are the inhibiting and supporting factors for food production crimes. This study uses field research and uses qualitative research methods with an empirical juridical approach and applies two forms of data collection methods, namely interviews and documents. The results of the study showed that law enforcement was carried out by BPOM Banda Aceh, namely based on evidence from testing results, the process was submitting evidence to the prosecutor's office, destroying evidence, imposing administrative sanctions, BPOM obstacle factor was the lack of investigators, investigators did not have much authority in detention, requests from consumers, food producers do it repeatedly, while the supporting factors for BPOM investigators are having a laboratory car, cooperative actors. From the explanation above, the authors can conclude that law enforcement by BPOM investigators is still not optimal and still has obstacles.
CONCEPT AL-'ADAH MUHAKKAMAH IN TRADITION BAKAMPUONG UGHANG PRA WALIMATUL ‘URSY IN KAMPAR RIAU COMMUNITY Muhammad Fazli; Ismail Ismail
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 13, No 2 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i2.20354

Abstract

The background of this research is the existence of a very unique tradition in Merangin Village, Kuok District, Kampar Regency, Riau Province to hold walimatul 'ursy, which is the name of the tradition, the bakampuong ughang tradition. The bakampuong ughang tradition is carried out a week before the implementation of the walimatul 'ursy which aims to raise funds so that the bride and groom can also hold a walimatul 'ursy party. The main problems in this study are how the implementation and objectives of the bakampuong ughang tradition and the factors that cause the persistence of the bakampuong ughang tradition, what are the implications or impacts of the bakampuong ughang tradition on the lives of Muslim communities in Merangin Village, Kuok District, Kampar Regency, Riau Province and how is the review 'urf on the implications or impacts of the bakampuong ughang tradition. Based on the results of the research that the writer has done, the writer can conclude that the bakampuong ughang tradition is a habit of the people of Merangin Village, Kuok District, Kampar Regency, Riau Province before the walimatul 'ursy event takes place. The implications or impacts of the bakampuong ughang tradition are: first, the good and bad impacts. The Qur'an and Hadith stipulate that the implementation of walimatul 'ursy is sunnah muakkad, meaning that it is permissible to do it and it is permissible not to do it.
SHARIA ECONOMIC DISPUTE SETTLEMENT AT THE SYAR'IYAH COURT OF BANDA ACEH AND LHOKSEUMAWE Friatna, Ida
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 14, No 1 (2024): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v14i1.19984

Abstract

Contracts that occur between the parties often end in disputes that result in conflicts and disputes, thus requiring legal settlement. Settlement of sharia economic disputes can be done through litigation (religious court/syar'iyah court) or through non-litigation (arbitration). This study wants to find answers to the following questions: what are the reasons behind the occurrence of sharia economic disputes?; How is the authority and mechanism of the syar'iyah court to resolve sharia economic disputes? and are there any obstacles faced by the Syar'iyah Court of Banda Aceh and the Syar'iyah Mahkamah of Lhokseumawe in resolving sharia economic cases?. The research method uses a qualitative approach and the type of juridical normative-juridical empirical research. Data collection is done by interview. The results obtained from the research that has been carried out are that there are several factors behind the occurrence of sharia economic disputes, including breaking promises/waning achievements and there are acts against the law/getting out of contracts/agreements between the parties. Regarding the authority of the syar'iyah court, in accordance with Law Number 3 of 2006 amendments to Law Number 7 of 1989 concerning the Religious Courts, in which the authority of the Religious Courts/Syar'iyah Courts is added to the settlement of sharia economic cases. Regarding the mechanism for resolving sharia economic disputes, it is guided by material law and applicable formal law. Furthermore, in resolving sharia economic cases, the Syar'iyah Court of Banda Aceh and the Syar'iyah Court of Lhokseumawe did not encounter significant obstacles. Because sharia economic cases are still few compared to cases that are under the authority of other Sharia Courts.
SETTLEMENT OF CONSUMER DISPUTES THROUGH THE BANDUNG CITY CONSUMER DISPUTES RESOLUTION AGENCY (BPSK) Hartini, Rahayu; Rahma, Tannasya Putri
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 14, No 1 (2024): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v14i1.23242

Abstract

The Consumer Dispute Settlement Body (BPSK), in accordance with Law No. 8 of 1999 regulating Consumer Protection (UUPK) is regulated by the government, has a role to handle and resolve problems arising between consumers and business actors. The purpose of establishing BPSK is to reduce the complexity and time required in court proceedings, which are often long and difficult, by providing an out-of-court dispute resolution shortcut, focusing on the principles of speed, simplicity, and affordable costs. This study focuses on the Consumer Dispute Settlement Body in Bandung City, using a normative legal approach. In brief, the purpose of BPSK is to avoid resolving consumer disputes through the public courts. The general court is long and costly, but BPSK makes a fast and even cheap procedural law. The author analyzes legal literature related to consumer protection and consumer dispute resolution, and then compiles and classifies it in a detailed, systematic, and directed manner. The data collected is then analyzed descriptively to provide a comprehensive picture of the problem of consumer dispute resolution at BPSK Bandung City.
YURIDICAL ANALYSIS SYUF`AH RIGHTS IN LAND SALE AND PURCHASE TRANSACTIONS (Case Study In Darussalam District) Nurhisam, Luqman; Abdullah, Arifin; Fauzan, Faisal; Nurdianti, Nurdianti
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 13, No 2 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i2.20466

Abstract

Land buying and selling transactions are closely related to people's lives which are a benchmark for whether or not the public understands land buying and selling transactions as regulated in Islamic law and Indonesian positive law. Disobedience in carrying out land sale and purchase transactions can lead to disputes which result in disputes in the future in society. Land buying and selling transactions that occur in the Darussalam sub-district community are the object of research conducted to see how the process of buying and selling land occurs whether there is an application of syuf`ah rights according to the provisions in fiqh muamalah and Islamic law. In this study, the main focus of the research is how the practice of buying and selling land in Darussalam sub-district, how is the existence of the application of syuf`ah rights that occur in society and how is the juridical analysis of syuf`ah rights in buying and selling land. The method used in this study is the method qualitative and sociological juridical with the type of field research (field research) and library research (library research). Research data were analyzed by means of descriptive analysis. Based on the analysis, it shows that land buying and selling transactions are in accordance with the applicable land sale provisions, in practice the community enforces syuf`ah activities in the process and becomes a necessity in land buying and selling transaction activities, but there are still those who do not carry them out due to a lack of understanding of syuf'ah rights . In this study, it was found that not all local people know the mention of syuf`ah rights in their daily lives, mention of syuf`ah rights in general is often referred to as "neighboring rights". The implementation of neighbor rights is still being used and continues to grow in society.Keywords: Islamic Law, Fiqh Muamalah, Syuf`ah Rights, Land Management, Land Purchase Transactions
FIQH OF TRAFFIC IN ACEH: AN OVERVIEW OF HUMAN SECURITY Mumtazinur, Mumtazinur; Rispalman, Rispalman
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 14, No 1 (2024): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v14i1.23421

Abstract

There are 3 things that want to be explained further in this research, namely: how are traffic practices regulated in traffic fiqh in Aceh, and how are ideas and implementation of human security values through traffic fiqh in Aceh? Apart from that, this research also reviews the background to the birth of traffic fiqh for the Acehnese public. This research is qualitative with a descriptive analysis approach. The results found that driving practices regulated in traffic fiqh also strengthen what is regulated in Law Number 22 of 2009 concerning Road Traffic and Transportation, but by using a religious approach to touch the public's awareness of the importance of protecting a sense of security for themselves and others.
DYNAMIC OF COMMUNITY: TERMS TA'ARUF BEFORE MARRIAGE PERSPECTIVE PROPHET'S HISTORY Agus Firdaus Chandra; Khusus Siam; Evi Nuryanti; Khurratul Akmar
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 13, No 2 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i2.18039

Abstract

This research is based on the fact that there are many prospective husband and wife pairs who do not carry out the ta'aruf process in accordance with religious law. Many of them violated several rules of the ta'aruf process itself. In addition, there are still many people who do not know and understand the meaning of ta'aruf and how the process is carried out during ta'aruf. Due to this lack of understanding, not a few parents and young people violate these rules, one of which is the interaction between men and women without a murobbi or intermediary from each potential partner. So that many young people who want to get a potential partner today are taking the wrong path, namely by dating. They mix up the term ta'aruf with dating on the grounds that they can get to know each other's personalities. It is very vulnerable to immoral acts. The purpose of this study is to find out more about how the ta'aruf process is and how the concept of ta'aruf is in the Prophet's Hadith. This research is a library research, namely by collecting, reading and reviewing various materials from several sources related to the problems studied. The source on which this research is based is from the Hadith of the Prophet, wherein the Hadith refers to the procedures that must be carried out in the process of ta'aruf. This article discusses the study of family law in Islam, more specifically regarding ta'aruf according to the perspective of the hadith of the Prophet Muhammad SAW. Family law is the law that regulates relations arising from family relationships. In the discussion it is stated that ta'aruf is one of the processes recommended by the Prophet before establishing a family relationship (marriage). Ta'aruf itself means to know more closely, in the sense that it is not just a name but also related to the vision and mission of the marriage of the prospective partner. This is the goal so that the family relationship that is lived can become a family that is sakinah, mawadah, warahmah.

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