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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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REDEFINING GOLPUT IN THE LENS OF LAW: EXAMINATION OF ISLAMIC AND POSITIVE LAW Robbish Thovani, Muhammad; Syihabuddin, Muhammad
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 14, No 2 (2024): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v14i2.22476

Abstract

In a democratic context that continues to travel, the phenomenon of the White Group (Golput) becomes a prolonged politics. This study aims to reveal the history of the Golput, the meaning of the Golput, and the response between Islamic law and the state regarding the phenomenon. Researchers recognize that Golput is a complex phenomenon that refers to various factors, such as political identity, community polarization, and inter-paradigm conflicts. In this study, the researcher tries to understand the dialectics between Islamic law and the state as an important foundation in studying the Golput phenomenon. It is hoped that this research will become a discourse and critical analysis as a response to the birth of the intended white group. This study uses the literature method by examining literature sources in the form of scientific articles as primary sources and books with similar themes as secondary sources. The results of this study revealed: that Golput became a controversial phenomenon that triggered the birth of Islamic law and the state. Islam and the state agree that the community must take part in political participation by considering the aspects possessed by the leader in the form of fairness, trustworthiness, and so on. The same was also found through the MUI fatwa which forbids Golput with several supporting arguments. Likewise, the interpretation of the Qur'an regarding compliance with policies issued by the government by considering aspects that are under commendable traits. 
FACTOR ANALYSIS OF NON-MUSLIM CUSTOMERS IN SAVING AT SHARIA BANK OF INDONESIA BANDA ACEH BRANCH Hisan, Khairatun; Melayu, Hasnul Arifin; Siregar, Rahmat Efendy Al-Amin
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 14, No 2 (2024): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v14i2.23180

Abstract

This research aims to analyze the factors that influence non-Muslim customers interest in saving at the Bank Syariah Indonesia BandaAceh Branch. With a background as a province with a majority Muslim population and the implementation of sharia law, Aceh provides its own challenges for non-Muslim customers in choosing financial institutions. This research covers factors such as regulatory policies, social norms, and the availability of Islamic banking services that influence the decision of non-Muslim customers to choose Bank Syariah Indonesia. The research method used is qualitative through the preparation and distribution of questionnaires distributed to non-Muslims as customers of Bank Syariah Indonesia. The results of this study there are several factors that cause non-Muslim customers to choose Bank Syariah Indonesia over other Islamic banks, namely non-Muslim customers in Banda Aceh tend to prefer Bank Syariah Indonesia (BSI) because of the affordability of location, attractive product promotions, quality service, and aspects forced by government regulations. These factors influence the decision of non-Muslim customers in choosing BSI as the first choice for their banking needs in the area.
EFFECTIVENESS OF THE DISTRIBUTION OF 3 KG LIQUEFIED PETROLEUM GAS (LPG) CYLINDERS TARGETED ACCORDING TO PRESIDENTIAL REGULATION NUMBER 38 OF 2019 ON THE PROVISION, DISTRIBUTION, AND PRICE DETERMINATION OF LIQUEFIED PETROLEUM GAS FOR FISHING VESSELS FOR TARGETTED FISHERMAN AND WATER PUMP MACHINES FOR TARGETTED FARMES Ardiansyah, Ata; Rahmatiar, Yuniar; Abas, Muhamad
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 14, No 2 (2024): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v14i2.25733

Abstract

The delivery pf 3 kg LPG fuel has a great effect on the survival of the community, but the distribution is not in accordance with the standards, it can cause problems such as misuse of distribution, triggering criminal acts and can cause a scarcity of 3 kg LPG gas supply. The problem is how effective is the distribution of 3kg cylinder liquified petroleum gas (LPG) on target based on Presidential Regulation Number 38 of 2019 concerning the Supply, Distribution, and Pricing of Liquefied Petroleum Gas for Fishing Vessels for Target Fishermen and Water Pump Machines for Target Farmers and How the Challenges in Distributing 3kg Cylinder Liquified Petroleum Gas (LPG) Cylinders Are Right on Target. Qualitative Research Method using the Normative Juridical approach method. The results of the research are based on the Presidential Regulation of the Republic of Indonesia Number 38 of 2019 concerning the Supply, Allocation, and the rates for Liquefied Petroleum Gas for fishing boats aimed at fisherman and water pump machinery designed for farmers, it’s  stated that the provision and distribution of  LPG for target fishermen’s fishing boats and target farmers water pumping equipment use 3 Kg LPG Cylinders for households and micro businesses. The challenge in distributing 3kg LPG Cylinders on Target is that the Government of Indonesia continues to strive to transform LPG subsidy policies that are more targeted. One of the steps is to change the LPG subsidy scheme from originally commodity-based to individual-based. However, in the implementation of this transformation plan, there are various challenges and problems that need to be overcome, including 1) Beneficiary Data; 2) Implementation in the Field; 3) Enforcement of Subsidy Distribution Rules; 4) Effectiveness of Monitoring and Supervision; 5) Impact on the Poor and Vulnerable
INTERFAITH MARRIAGE. A DICHOTOMOUS PERSPECTIVE ON NORMATIVE AND LEGAL PRACTICAL DIMENSIONS Hanapi, Agustin; Husnul, Muhammad; Yuhermansyah, Edi
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 14, No 2 (2024): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v14i2.25255

Abstract

The legal perspective on interfaith marriage in Indonesia, particularly between Muslims and adherents of other religions, is predominantly influenced by Islamic legal norms. The legal regulations have been established in Articles 40 and 44 of the Compilation of Islamic Law. Fundamentally, these regulations prohibit marriage between Muslims and non-Muslim religious adherents. However, the legal construction in Indonesia tends to be non-binding, as opportunities for interfaith marriage practices persist. The Marriage Law Number 1 of 1974, which serves as the foundational legal framework for marriage in Indonesia, has not explicitly prescribed either permission or prohibition. This is substantiated by the prevalence of marriage practices between Muslim men or women and individuals from other religious backgrounds. The dichotomy between legal practices and legal norms consequently leads to a lack of legal certainty regarding its regulation in Indonesia. Therefore, this manuscript comprehensively elucidates interfaith marriage from Islamic legal perspectives, positive legal frameworks, and its practical legal implementation within the Indonesian context.
ANALYSIS OF JUDGES' CONSIDERATIONS IN CRIMINAL DECISIONS ON RAPE OF MINORS Kodai, Dince Aisa; Nurmala, Leni Dwi
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 14, No 2 (2024): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v14i2.26228

Abstract

Crime can happen to anyone and anywhere. One of the crimes that can cause victims experienced by adults and even children is a crime against sex. However, it is even more concerning when sexual crimes, for example rape, occur in minors. This can cause psychological and physical trauma for the future of the child. In Indonesia, children are vulnerable to becoming victims of sexual crimes. The method used is empirical legal research, namely research that examines law in reality or reality in society with a judicial case study approach, namely where there is a conflict in this approach, the court will intervene to provide assistance in the form of decisions related to problem solving. The legal case study approach is the analysis of the decision Number 58/Pid.Sus/2021/PN Gto. Based on the results of the discussion, the perpetrators of rape of minors can be charged using Article 81 paragraph (1) of the Law of the Republic of Indonesia Number 35 of 2014 concerning Child Protection.
CRIMINAL LAW AND HUMAN RIGHTS: A STUDY ON THE PRINCIPLE OF HUMAN RIGHTS PROTECTION IN ACEH QANUN NO. 6 OF 2014 ON JINAYAT LAW Akbar, Khairil; Efendi, Sumardi
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 14, No 2 (2024): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v14i2.25541

Abstract

This article aims to analyze the relationship between Islamic criminal law and human rights (HR), which are often seen as conflicting. Although criminal regulations, particularly the Qanun Jinayat, establish human rights protection as a principle, this does not imply that the Qanun Jinayat is entirely protective of or consistent with human rights. This study seeks to explain and assess whether Islamic criminal law contradicts human rights and to explore the relationship between Islamic criminal law and human rights. This article employs normative legal research methods. The materials used are obtained through library research and will be analyzed descriptively and prescriptively. The research results indicate that Islamic criminal law, particularly the Qanun Jinayat, is indeed difficult to reconcile with human rights, and in some aspects, it can be considered contradictory due to the nature of punishments, their methods of application, and the normative sources that recognize only one religion (Islam). For issues explicitly determined by religious texts (jarimah hudud), for instance, human rights principles are often disregarded, and Sharia provisions are fully applied. Nonetheless, the two cannot be separated. On one hand, human rights require law enforcement to properly address violations. Similarly, the Qanun Jinayat necessitates human rights principles to ensure that the punishments it prescribes uphold humanitarian principles, which are also the true objective of Sharia. The relationship between the two appears harmonious in matters categorized as jarimah/‘uqubat takzir, although improvements are still needed.
Implications of Appointing Acting Regional Heads (Pj) for Democracy in Indonesia from the Perspective of Maslahah Mursalah Mamnun, M. Khairu; Augusta Triputra, Adhitiya
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol. 15 No. 1 (2025): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v15i1.22899

Abstract

2024 will be a political year in Indonesia. There will be general elections and local elections that year. Not only is it seen as a democratic party, but behind that many problems have arisen, such as the term of office of the definitive regional head ends in 2022, this causes a power vacuum and will be filled by elected officials from the central government who are referred to as temporary. The direct election has the potential to be violated. The approach of research in this research are statute approach and conceptual approach. This research is descriptive-analytic. The data collection technique used in this study is a qualitative data analysis technique. This research uses the theory of democracy and maslahah mursalah. The result of the research shows that the acting regional heads have implications for the quality of democracy in Indonesia, because in practice the acting regional heads are not democratic, where there is no community participation in the recruitment process and a lack of the legitimacy of acting regional heads because they only have legal legitimacy. Then in Maslahah Murslah's view, acting regional heads have benefits and harms, but the harms are bigger.
Analysis Of Aceh Bnnp’s Communication Strategy As Strengthening The P4gn Program From A Maqashid Sharia Perspective Ananda, Fadhillah; Arifin Melayu, Hasnul; Afrian Mustaqim, Riza
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol. 15 No. 1 (2025): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v15i1.23153

Abstract

The problem of narcotics abuse and illicit trafficking is one of the most serious problems and continues to grab the attention of the community. In carrying out its duties, BNN requires the support and active role of all components of society, which when viewed more deeply in the Law, the community can support the implementation of BNN's duties, one of which is by becoming a P4GN activist. The abuse and illicit trafficking of narcotics and narcotics precursors (P4GN) as mandated in Law Number 35 of 2009 concerning Narcotics in Article 104 explains that "The community has the widest possible opportunity to participate in assisting the prevention and eradication of abuse and illicit trafficking of narcotics and narcotics precursors". This research aims to see how the influence of communication strategies as a means of strengthening the P4GN program, maqashid sharia review of the influence of communication strategies as a means of strengthening the P4GN program. In this study the authors used qualitative research methods with a field research approach. The results of the research obtained are, first, knowing how far the effectiveness of the communication strategy carried out by the Aceh Provincial BNN as a strengthening of the P4GN program and second, knowing how the maqashid sharia review of the strategies used by the Aceh Provincial BNN in terms of realizing the P4GN program.
Judge's Consideration In Deciding The Amount Of Child -Deported Child Caring Costs In Decision Number 266/PDT.G/2023/MS.BNA AND 267/PDT.G/2023/MS.BNA Fatahillah, Zahrul
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol. 15 No. 1 (2025): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v15i1.23176

Abstract

Children have the right to get a living after the divorce from their parents, but the Marriage Law does not determine the amount. As a result, the panel of judges in decision Number 266/Pdt.G/2023/MS.Bna determined Rp. 1,000,000 and in decision Number 267/Pdt.G/2023/MS.Bna the amount was Rp. 1,500,000. This study aims to analyze the basis for the judge's considerations in determining the amount of post-divorce child support and a juridical review of the two decisions. This research includes juridical research. The primary legal material is the Marriage Law, decision Number 266/Pdt.G/2023/MS.Bna and decision Number 267/Pdt.G/2023/MS.Bna. data analysis was carried out qualitatively based on primary legal materials and secondary legal materials. The results of the study show that the judge's consideration in determining the amount of post-divorce child rearing costs is based on the father's ability. Father's ability is obtained based on the witnesses presented to the trial. In addition, the basis for the judge's consideration was based on the petitum of the plaintiff's lawsuit which asked the panel of judges to order the defendant to pay post-divorce childcare costs. Legally, it is justifiable to provide post-divorce childcare costs that vary from one decision to another. Article 41 of the Marriage Law, Article 105 letter b and Article 156 KHI do not limit the amount of fees that must be given, so that the decision of the panel of judges giving the total cost of raising children post-divorce amounted to IDR 1,000,000 in decision Number 266/Pdt.G/2023/MS .Bna and decision Number 267/Pdt.G/2023/MS.Bna amounting to Rp. 1,500,000 is something that is justified according to law.
Effectiveness of Distribution of Baitul Mal Humanist Action Program (BaGAH) Aceh Wirdiyan, Adib; Abubakar, Ali; A.Jalil, Husni
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol. 15 No. 1 (2025): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v15i1.25575

Abstract

This Study Examines The Effectiveness Of The Distribution Of Urgent Financial Assistance For Victims Of Natural Disasters, Humanitarian Disasters, Companions Of Sick People Who Are Referred Out Of Town, Travelers Who Run Out Of Supplies, Or Other Assistance That Is Emergency And Urgent. This Study Is Considered Important Because Every Financial Assistance That Is Disbursed Must Precede The Aceh Revenue And Expenditure Budget (APBA) So That All Activities That Use Zakat Funds Cannot Be Distributed Before The ABPA Is Approved. This Hampers The Distribution Of Urgent Financial Assistance. To Explain This, Two Questions Are Asked: (1) What Is The Description Of The Baitul Mal Aceh Humanist Action Program? (2) What Is The Effectiveness Of The Distribution Of Baitul Mal Aceh Humanist Action Program? The Method Used In This Writing Is Through A Qualitative Study Process Sourced From The Results Of Interviews With Baitul Mal Staff And Data On The Distribution Of Funds That Have Been Distributed By The Baitul Mal Institution Through The Bagah Program Which Has Been Implemented Since The Beginning Of The Bagah Service. The Data Were Analyzed Using The Theory Of Effectiveness And Explained With The Concept Of Baitul Mal And Its Relationship To Zakat, Regulations Related To The Management Of The Aceh Government Budget And The Theory Of Effectiveness. The Results Of The Study Show That Bagah Has Three Classifications In The Distribution Of Funds. First, Isidentil Asnaf (Poor) Namely Sick People And People Who Accompany Sick People. Second, Asnaf (Gharim) Namely Victims Of Natural Disasters Such As Floods. Third, Displaced People Are Included In The Asnaf Ibnu Sabil Namely Migrants From Aceh.

Page 12 of 16 | Total Record : 156

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