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Arifin Abdullah
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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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NAZHIR'S ABILITY TO REALIZE PRODUCTIVE WAQF IN ACEH CITY Abdul Jalil, Husni; Munir, Badrul; Wahyudi, Setia
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.v14i1.22783

Abstract

One of the important requirements that a waqf nazhir must have according to the provisions of waqf jurisprudence and Law Number 41 of 2004 concerning waqf is the ability to manage and develop waqf assets so that they become productive waqf. However, preliminary data shows that the number of productive waqfs in the city of Banda Aceh is very small compared to unproductive waqfs. The formulation of the problem in this research is how nazhir's ability to create productive waqf in the city of Banda Aceh. The method used in this research is a qualitative method which is a field or empirical study and the focus of the study is the nazhir's ability to create productive waqf in the city of Banda Aceh. The results of the research show that the ability of nazhir to create productive waqf in the city of Banda Aceh is still low, this can be seen from the fact that not all nazhir have carried out planning, implementation, evaluation and solutions in realizing productive waqf. Nazir, who has carried out planning, evaluation and solutions, does not yet have special instruments related to these activities, so the number of waqf assets managed productively is still small, 31 plots out of a total of 787 plots.
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.
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.
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.
STATE EFFORTS IN FULFILLING THE CIVIL RIGHTS OF THE SUNDA WIWITAN BADUY INDIGENOUS COMMUNITY AFTER THE MK DECISION NO.97/PUU-XIV/2016 Rafi Drajat, Muhammad Rifqi; Rahmawati, Tiara
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.v14i1.23338

Abstract

The strength of the customary law adhered to by the Baduy traditional community comes from internal factors originating from the characteristics of the community itself, which believes in the values contained in its customary law. The implementation of the fulfillment of civil rights following the Constitutional Court decision NO.97/PUU-XIV/2016 has not been fully felt by the Baduy community, one of which is in the process of registering marriages, where until now marriage registration is still only recorded in marriage certificates issued from the village. In writing this article, research methods were used with primary and secondary data collection. The results of the research show that the State's efforts to fulfill the civil rights of believers in Indonesia have been implemented with the Constitutional Court Decision Number 97/2016 as a first step in eliminating discrimination in population registration, but its implementation requires different methods in each region and region, especially for the community. adherents of the Sundanese Wiwitan Baduy belief who strongly maintain the traditions and messages of their ancestors. As for Regional Regulation no. 8 of 2015 concerning Recognition, Protection and Empowerment of the Kasepuhan Customary Law Community, which is proof that the existence of the Baduy customary law community is actually recognized by the State.
SOCIAL MEDIA AS A MEANS OF INTERACTION FOR IDDAH AND IHDAD WOMEN PERSPECTIVE ON THE BOOK OF I’ANATUTTHOLIBIN Jannah, Roiha; Ainiyah, Qurrotul
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.v14i1.23401

Abstract

Islam prohibits women from leaving the house and dressing up during the iddah and ihdad periods, anticipating freedom of interaction which will lead to mafsadat. However, the reality in society is that social media is now used as a means of interaction that makes it easier for users not to leave the house. Addressing this issue, the author explores the thoughts of Sayyid Abu Bakar Utsman bin Muhammad Syatha’ ad-Dimyathi through his book I'anatutthilibin. This research uses qualitative methods (library research). With results 1. The law on using social media as a means of interaction is not permitted because it is equated with a prohibition on leaving the house. However, the law becomes permissible if there is something that is unlawful in its implementation. 2. In the context of this problem, Sayyid Abu Bakar Utsman bin Muhammad Syatha’ ad-Dimyathi opinion can be applied by looking at the flaws in being able to leave the house for the reason of prioritizing the benefit of human life.
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.
JUDICIAL CONSIDERATION OF CHILD CUSTODY TO FATHER UNDER ARTICLE 105 OF INDONESIAN COMPILATION OF LAWS Fatonah, Fatonah; Amalia, Lia; Abas, Muhamad
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.v14i1.23449

Abstract

This research explores the regulation of child custody for minors under Indonesian law following divorce, based on Decision Number 3208/pdt.G/2020/PA.Krw. Divorce entails the allocation of custody to one of the separating partners, either the mother or the father. Additionally, parents are obliged to educate their children until they reach the age of 18 or marry. The study adopts a normative juridical method, finding that the regulation of child custody for minors is outlined in Article 105 of the Compilation of Islamic Law, granting a mother the right to raise a child who is not yet mature (mumayyiz) or under 12 years old, while a mature child is returned to them. However, in divorce cases, these rules may not apply, and judges have the discretion to consider the child's interests under Law Number 1, Article 41, with custody potentially revoked under Law Number 1 of 1975, Article 45(1). Custody of minors under Islamic Law is governed by Law Number 23 of 2002 concerning Child Protection, amended by Law Number 35 of 2014, Article 105, which assigns custody of children under 12 to their mothers, yet court rulings may favor fathers.
WHO HAS THE AUTHORITY TO DETERMINE THE TERM OF OFFICE FOR THE LEADERSHIP OF THE KPK (KOMISI PEMBERANTASAN KORUPSI)? Nabilla, Shinta; Ahmad, Kamaruzzaman Bustamam; Makinara, Ihdi Karim
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.v14i2.23999

Abstract

The implementing of the Constitutional Court’s decisions may be direct or require the establishment of the implementating rules. Implementating rules is present when a test affects the cancellation of a rule that is contrary to the UUD. Generally, this follow-up is implemented with the emergence of a post-revised law by its creator. But it will take a long time, and need for legal certainty cannot wait until the investigation is completed. In this interest the product of the law was born answering the problem. Then what if the legal product intended to replace the law does not actually have the urgency of interest as required to provide legal certainty. This reseacrh examines the urgency of Keppers in enforcing Constitutional Court Decision No. 112/PUU-XX/2022 on the age limit and term of office of the KPK chairman given that there are other legal products that can enforce the judgment. This research is normative legal research. The results of the research show that the presence of Keppres does not contain urgency until a study or improvement of the KPK Act by the DPR is carried out. Even if it is of urgent value, Perppu can be an alternative given that Perppu is in line with the law and is regulatory while Keppres is only a settlement. This article consists of four sections starting with the introduction, the  explanation, and the conclusion.
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.

Page 15 of 16 | Total Record : 156

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