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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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Siyasah Tanfidziyah Review of The Feasibility And Safety Of Public Transportation Of Banda Aceh Nurhaliza, Intan; Alidar, Emk; Umur, Azmil
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.v15i1.25587

Abstract

The Banda Aceh City Departement has an important role in regulating and supervising various strategies public transportation of office public. Based on Law Number 22 of 2009 concerning Road Traffic and Transportation, Article 53 states that periodic testing is required for public passenger cars, buses, goods cars, trailers and attached trains operated on the road. However, in reality there are still land public transports that do not meet roadworthy standard requirements and do not carry out routine testing and continue to operate on the roads as public transport. The research method used is qualitative research with an empirical juridical approach, namely field research by examining the applicable legal provisions in accordance with the realities of society regarding the implementation of the feasibility and safety of public transport in the City of Banda Aceh. The data sources used are based on the results of interviews and observations with a number of respondents and informants who are directly related to the problem under study. The results of the research show that monitoring the feasibility and safety of public transport has not been carried out optimally due to the lack of road raid supervision. As well as low awareness of the public and public transport business actors to carry out periodic testing. According to siyasah tanfidziyah, in carrying out regular feasibility and safety tests of public transportation vehicles, which are carried out by the Banda Aceh City Transportation Service. In order to maintain order, security, prevent accidents that cause loss of life, it is appropriate and appropriate to do this to create benefits for the community.
Traditional Mandailing Natal Muslim Women's Clothing: An Analysis of Local Wisdom and the Spirit of Religious Practice According to Islamic Law Putra, Dedisyah; Khalidi, Muhadi; Ritonga, Raja
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.v15i1.26287

Abstract

AbstractClothing is a personal right and freedom that integrates social and cultural aspects. This issue demonstrates the complexity and sensitivity of the topic of dressing for Muslim women, which often involves the interaction between personal beliefs, religious law, human rights, and social norms. This research is a type of phenomenological study that will reveal the relationship between traditional clothing of Muslim women in Mandailing Natal and how Islam views it. Data was collected through observation and interviews. The data analysis results show that historically, women in Mandailing Natal have maintained traditional clothing both for customary ceremonies and daily wear. Adaptations and the influence of contemporary trends have also impacted the declining interest among young men and women in preserving their traditional clothing. When weighed against the Islamic legal perspective, which emphasizes modesty, gender appropriateness, simplicity, purity and cleanliness, non-tightness, and the absence of haram elements, the traditional attire of Muslim women in Mandailing Natal is appropriate and should be preserved and maintained.Keywords: Clothing, Muslim Women, Customs, Islamic Law
Implementation Of Criminal Decisions Against Children In Fighting The Law At Takengon District Court Alianur, Mudfar; Nurlaila, Nurlaila; Sanola, Maria; Rahmawati, Desi
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.v15i1.26793

Abstract

The punishment for a child is a special sentence imposed by a judge, apart from imprisonment, in the verdict that the sentence does not need to be carried out due to certain conditions. In the judge's ruling on juvenile punishment, it is stated in Law No. 11 of 2012. This research examines how judges consider sentencing children in conflict with the law at the Takengon District Court in cases with the same circumstances but different verdicts. In this research writing, the researcher uses the normative legal research method, which is an approach based on primary legal materials by examining theories, concepts, legal principles, and regulations related to this research. This approach is also known as the library approach, where the researcher studies the judge's considerations in criminal decisions against children in the same case. The result of this research is that the legal basis for conditional sentences and imprisonment for children has been regulated in the Child Criminal Justice System Law No. 11 of 2012, which states all procedures for handling juvenile criminal cases from the investigation stage, guidance, until the completion of the sentence. As for the legal reasons behind the judge's decision, conditional sentences and prison sentences must be reviewed from several aspects, such as social and economic factors that can influence the judge's considerations, including supporting facilities.
Restorative Justice For Perpetrators Of Crimes (Jarīmah) In The Perspective Of Islamic Law Fahmi, Mutiara
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.v15i1.26956

Abstract

Restorative justice is an alternative resolution of criminal cases which aims to create an agreement on the resolution of criminal cases that is fair and balanced for all parties, both victims and perpetrators. This process also focuses on restoring the original situation and restoring patterns of peaceful relations in society through dialogue and mediation. This paper aims to examine whether the process of resolving criminal cases in Islam can implement restorative justice mechanisms? If so, what are the requirements? The answers to these two questions are very important to study considering that the implementation of criminal law in Aceh adheres to the Islamic criminal law system (Qanun Jināyāt) which in practice also intersects with the national legal system. This qualitative research is a normative legal study whose presentation uses a descriptive analysis method. Primary data were collected through a literature review from various sources of classical Islamic law references (fiqh mazhab) and laws and regulations (positive law). Research results show that The restorative justice for the perpetrators of jarīmah in Aceh in the view of Islamic law can be done as long as it has not been included in the formal examination of the case by the Judge. Besides that, The Restorative justice can be applied to jarīmah ta'zīr and hudūd which are related to the rights of the servant, and not the rights of Allah. The researcher suggests peaceful efforts through Restorative Justice are strongly recommended by Islamic legal system to avoid the emergence of a sense of resentment and injustice as a result of the judge's decision that could arise from the victim or perpetrator. Diversion efforts with a Restorative Justice approach in cases of children in conflict with the law are in line with the spirit of Islamic law which prioritizes the principles of justice for all parties and maintains peace, especially when criminal penalties cannot be imposed due to insufficient age requirements for children in conflict with the law. Keywords: Restorative Justice – Jarīmah – Islamic Law
Legal Education on Inheritance Law for Family Conflict Mitigation SAG, Syahid Hidayatulloh; Budiwati, Anisah
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.v15i1.29200

Abstract

This research discusses the role of inheritance law education in preventing family conflicts in Indonesia. Ignorance and lack of understanding regarding inheritance law often trigger family conflicts, particularly in matters of inheritance, and can potentially lead to acts of violence. This research aims to explain how education on inheritance law can enhance public understanding of the rights and obligations of heirs and prevent conflicts. The research was conducted using a normative legal method based on literature studies, employing a statutory law approach to analyze relevant regulations. From this research, it can be concluded that in Indonesia, the inheritance legal system is pluralistic and refers to three different legal systems: customary inheritance law, civil inheritance law (Burgerlijk Wetboek), and Islamic inheritance law. Inheritance law in Indonesia has significant urgency because ignorance of inheritance law can cause family conflicts that damage relationships between family members and even potentially lead to greater problems such as physical abuse and even murder. Therefore, the role of inheritance law education is very important in Indonesia, which can be conducted through counseling, mass media, legal aid institutions, and community service programs. Through various efforts that can be made related to inheritance law education, public awareness regarding inheritance law can be sparked, thereby minimizing conflicts within families related to inheritance or conflicts based on inheritance matters.
THE CONCEPT OF PROTECTION FOR CRIMINAL ACT OF SEXUAL HARASSMENT AGAINST CHILDREN BASED UPON QANUN ACEH NUMBER 6 OF 2014 AT THE SHARIA COURT TAKENGON FROM FIQH PERSPECTIVE Miko, Setia
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.v15i1.29534

Abstract

The various violation cases of violations frequently occurs, one of which is sexual violence/harassment against children, which frequently appears on television, newspapers and social media as a form of representation that there have been many various types of criminal violations occurred. The misuse of technology, chances and light punishment that is not suitable based on the acts of the perpetrators of criminal acts, especially in the sexual abuse against children are the factors of this phenomenon. This research used a juridical research method with a normative approach in analyzing the judge's decision and linking it to existing facts, law, and Islamic fiqh. The data sources consisted of primary data, which focused on the analysis of judges' decisions regarding sexual abuse against children and secondary data from the introduction of Qanun Jinayah Aceh, Fiqh Jinayah and fiqh books such as Abd al-Qadir `Awdah, al-Tasyri` al-Jina `I al-Islami, Wabhah al-Zuhayli, and al-Fikih al-Islami wa Adillatuh. The results of the research showed that Sharia Court of Takengon is a judicial institution under the Supreme Court implementing justice in Takengon area. The Sharia Court has succeeded in deciding the case in accordance with Qanun No. 6 of 2014, but the decision was found not optimal or not commensurate with what the Defendant has done from a Fiqh perspective. The decision was also found still inappropriate and not commensurate with what the Defendant has done to the child.
PRINCIPLES OF STATE ORGANIZATION IN SURAH AN-NISA' (4): 58-59. Ruhdiara, Ruhdiara
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol. 13 No. 1 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i1.13280

Abstract

Islamic State shows that the context of the discussion on the theme of government, requires to talk about the State, power, and politics and all things related to it. Because these three themes are integral (covering) in a government political system. Government and power are very urgent in a nation's community, because in this way the guarantee of an orderly life order, act based on the law, mutual trust among citizens, and the ideals of building justice for all citizens will be realized. Then the government too, as an unavoidable fact in the life of every citizen which has many meanings for them, individually and collectively. Government is the hope and opportunity to realize a prosperous and sovereign life by regulating the freedom and equal rights of its citizens. The method used in this journal article is a descriptive qualitative research method. The type of research used in the study is classified as library research, namely research in which data is processed and extracted from various books, newspapers, magazines and several writings that are related to this research and uses a normative legal approach. The results of this study indicate that in the implementation of the administration of the State, especially the government of the State in Surah An-Nisa {4}: 58-59 suggests that there are six principles of the use of political power or government power which can be seen as the principles of the administration of the State in the government system,
REVIEW OF ISLAMIC LAW ON THE IMPLEMENTATION OF PARKING LEVY COLLECTION IN PALOPO CITY Arif, Firman Muhammad; Mustam, Mustam
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol. 13 No. 1 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i1.15705

Abstract

In a family sometimes painful actions arise from involuntary causes (not intentionally), not on the wishes of the husband, such as because the husband is poor or poor so he does not have a living to fulfill his wife's rights in the form of food, clothing and home at a certain time, which makes the wife ask to part with her husband through the divorce (fasakh) path. Regarding the problem of the wife asking for fasakh This thesis discusses the Islamic Legal Review of the Implementation of Parking Levy Collection in the City of Palopo. The data collection method is carried out through observation and interviews with a descriptive-qualitative approach. The results showed that in the implementation of the parking levy collection in Palopo City, there are still parking attendants who impose their own rules such as requests for tariffs exceeding the provisions; and there are still objects and parking attendants that were untouched by the Palopo City Transportation Department. This is if viewed from the perspective of Islamic law there are pillars or conditions in the wadi'ah contract (agreement) that are not fulfilled, namely the ijab qabul between the parking attendant and the vehicle owner, as well as the existence of illegal parking attendants who collect parking funds/money for the parking attendant's personal self and do not contribute to the Palopo City Area Original Income. Therefore, in order to minimize the presence of illegal parking attendants and official parking attendants who do not comply with the provisions, the Palopo City Transportation Office as the Holder of the levy for parking services on public roadsides in Palopo City to strive to carry out guidance and supervision of partner objects and parking agents and potential parking objects that have not been recorded by giving verbal and written feedback, provide an understanding of the duties and responsibilities of parking attendants and legalize objects and parking attendants that are not yet the objects of government- assisted parking.
PROBLEMATICS OF SETTLEMENT OF INHERITANCE RIGHTS OF DAUGHTER WITH SIBLINGS IN THE MAHKAMAH SYAR’IYAH BANDA ACEH AND ACEH Amri, Aulil
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol. 13 No. 1 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i1.16669

Abstract

This research discusses the Polarization of Judges' Decisions in the Settlement of Sibling Inheritance Rights (Case Study of Decision Number: 193/Pdt.G/2020/MS.Bna AND 21/Pdt.G/2021/MS.Aceh). The formulation of the problem studied is: 1. Why is there a disparity in the judge's decision regarding the position of relatives as heirs in an inheritance dispute at the Religious Court in decision number: 193/Pdt.G/2020/MS.Bna vs. 21/Pdt.G/2021/ MS. Aceh? 2. Has the judge's decision in resolving the dispute over the determination of heirs protected the rights of heirs in accordance with faraidh? This research is normative and practical juridical research, namely library research supported by results in the field in the form of interviews with related functional officials of the Banda Aceh Syar'iyah Court and Aceh Syar'iyah Court. This study concludes that: 1. The disparity in the decisions of the Banda Aceh Syar'iyah Court and the Aceh Syar'iyah Court occurred due to an understanding of the Jumhur Ulama's opinion which stated that a daughter cannot be hindered by a daughter in receiving an inheritance. Jumhur Ulama's definition of "kalalah" is the death of someone who does not have a father or son. This is in line with jurisprudence and the opinion of Ibn 'Abbas, which stipulates that girls can wear the hijab to inherit, but girls cannot wear the hijab inherited from their brothers. 2. The judge's decision at the Banda Aceh Syar'iyah Court in resolving the dispute over the determination of heirs has protected the rights of heirs in accordance with faraidh. This is because the opinion of the jumhur of scholars and the opinion of Ibn 'Abbas are in line with the opinion of the panel of judges. Then the daughter in this case is an adult and has a steady job and income, which is different from the case in jurisprudence.
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.

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