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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 163 Documents
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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.
APPLICATION OF PRUDENTIAL BANKING TO ELIGIBILITY FOR THE DISTRIBUTION OF KUR UMKM BSI BRANCH DIPONEGORO BANDA ACEH. STUDY ON TESTING THE INCOME AND PROFITABILITY OF DEBTOR CUSTOMERS' BUSINESSES Adzkia, Khaliza; Mukdin, Khairani; Sholihin, Riadhus
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.v14i2.25589

Abstract

This research emphasises the importance of testing customer income and profitability in ensuring financing eligibility and supporting the financial stability of banks and the development of MSMEs in Indonesia. This reseacrh aims to ensure that the financing disbursement process is carried out effectively and in accordance with prudential banking principles with legal provisions. This research method is normative empirical. The results of the research showed that the distribution of KUR was in accordance with the mandate of articles 8 and 29 of Law No. 10 of 1998 on Banking and article 23 of Law No. 21 of 2008 on Sharia Banking. This can be seen from the application of KUR distribution at BSI Diponegoro Branch Banda Aceh which is carried out strictly through testing with five main stages, namely BI checking, surveys, business feasibility analysis, analysis of collateral feasibility, the committee process with the leadership and the analysis of MSMEs income and profitability by paying attention to income sources, income stability, sales trends, seasonal patterns, sales targets, profit patterns, bank transaction history and bank transaction frequency.
THE ROLE OF THE PAMONG PRAJA POLICE UNIT IN IMPLEMENTING ORDER IN THE KARAWANG PUBLIC SPACE Pebriyani, Pebriyani; Dewi, Sartika; 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.v14i2.25648

Abstract

Local governments are required to build public facilities and spaces for the benefit of the community. The success of a government is measured by its ability to construct safe and comfortable facilities. Public facilities must be maintained to ensure community comfort. The Civil Service Police Unit (Satpol PP) of Karawang Regency deploys its members in public spaces to maintain order. This qualitative research uses an empirical juridical approach to understand the roles and challenges of Satpol PP. The findings aim to improve the effectiveness of Satpol PP in maintaining public order in open spaces.
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
SIMPLE LAWSUIT IN SHARIA ECONOMIC DISPUTES. A CASE STUDY OF DECISION NUMBER 1/PDT.G.S/2019/PA.KDS Nurhisam, Luqman; Eriyanti, Nahara
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.v14i2.25842

Abstract

As the activities of the Sharia economy develop, the number of Sharia economic dispute cases submitted to the Religious Court has increased. One of the cases decided by the Kudus Religious Court is the Breach of Contract Lawsuit with Decision Number 1/P.dt.G.S/2019/PA.Kds. The Supreme Court issued Regulation Number 14 of 2016 concerning Procedures for the Settlement of Sharia Economic Disputes, which includes simple lawsuits and ordinary lawsuits. Simple lawsuits are further regulated in Supreme Court Regulation Number 2 of 2015, which was later amended to Supreme Court Regulation Number 4 of 2019 concerning Procedures for the Settlement of Simple Lawsuits. This regulation aims to ensure that the resolution of Sharia economic disputes is simpler, faster, and less costly. This research aims to analyze the process and mechanism for resolving simple Sharia economic dispute lawsuits at the Kudus Religious Court, examine the judges' considerations in deciding Sharia economic dispute cases, and identify challenges in resolving Sharia economic disputes. The type of research used is field research with a qualitative approach, utilizing primary, secondary, and tertiary data. The results of the study show that the process and considerations of the judges in Decision Number 1/P.dt.G.S/2019/PA.Kds are in accordance with applicable regulations. However, the resolution of the case takes quite a long time. Therefore, judges in the Religious Courts are required to have competence in Sharia economic law to handle cases more effectively and efficiently.
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.
MITIGATION DOMESTIC VIOLENCE: A COMPERATIVE STUDY OF GOVERNMENT: Interventions in Central Aceh and Banda Aceh Yuhermansyah, Edi; Rispalman, Rispalman; Balkis Suci, Nada
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol. 16 No. 1 (2026): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/j1r2a394

Abstract

Cases of domestic violence (DV) against women and children continue to increase significantly in various regions of Indonesia, including Aceh, necessitating more effective mitigation efforts from government agencies, particularly the DP3A. This research is based on three main questions: the factors contributing to the increase in DV, the forms of mitigation efforts undertaken by the DP3A, and the effectiveness of the DP3A's role in preventing violence. Using a qualitative research method with a juridical-empirical approach, this study combines field observation and data analysis of cases that have not been formally documented. Initial findings indicate a drastic increase in domestic violence cases in Central Aceh Regency, from 33 cases in 2020 to 84 cases in 2024. Meanwhile, Banda Aceh City recorded 683 cases of violence against women and children between 2020 and 2024, making it the highest area in Aceh. The research findings indicate that the increase in violence cases is influenced by economic factors, unequal power dynamics, and a weak social support system. DP3A mitigation efforts include prevention, handling, and recovery, but their effectiveness is still hampered by limited resources and poor inter-agency coordination. This research underscores the importance of strengthening more systematic, integrated, and community-based mitigation strategies to reduce violence against women and children.
THE MANIFESTATION OF LAW IN THE ENFORCEMENT OF HUMAN RIGHTS IN INDONESIA: Legal Review of the Role of Komnas HAM in Aceh Zi, Fairuzi; M. Yunus, Fakhrurrazi; Amri, Aulil
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol. 16 No. 1 (2026): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/w13gg647

Abstract

Although human rights are considered basic rights that are not determined by social views or state legitimacy and are given to every individual from birth, in the context of Indonesia, even though Komnas HAM was established through Presidential Decree No. 50 of 1993 to protect human rights, its implementation still faces various challenges. One of the main problems is the lack of optimisation in the enforcement of human rights. This raises questions about the extent of the state's commitment to protecting human rights and its efforts to strengthen law enforcement mechanisms. The results of the study show that although Indonesia has adequate legal instruments to guarantee human rights, their implementation in the field still leaves gaps. In this study, the author uses qualitative methods with a field research and document analysis approach. The results of this study show that the manifestation of human rights in the Indonesian legal system is realised through the strengthening of regulations, the optimisation of mechanisms for affirming the role and authority of Komnas HAM, and improved coordination between law enforcement agencies.
FULFILLMENT OF WAGE RIGHTS FOR FEMALE WORKERS: at PT. Oro Kopi, Aceh Tengah Rizki, Ayuni; Syuib, M.; Afrian Mustaqim, Riza
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol. 16 No. 1 (2026): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/etzbf494

Abstract

This study examines the mechanism of the right to wages of permanent female workers in PT. Oro Kopi Aceh Tengah is based on Law Number 11 of 2020 concerning Job Creation. This processing sector is one of the important sectors in rural areas, women workers play a vital role in the dry coffee production process, especially in PT. Copper Sound. The main focus of this research is the implementation of a wage payment mechanism for permanent female workers involved in dry coffee processing. By using qualitative methods and empirical juridical approaches that combine literature review and primary data collection through interviews, observations, and field documentation. The results of the study show that PT. Oro Kopi has implemented a wage payment system in accordance with the Provinsial Minimum Wage (UMP) standards and applicable laws and regulations. However, there is still a need to increase the knowledge of women workers regarding their rights in the world of work so that they can fight for it and be optimally maintained. This research emphasizes the importance of the active role of companies and governments in overseeing and improving legal protection to ensure gender equality and sustainable welfare improvement for women workers while supporting social justice and regional economic development. 
REINTERPRETING THE DOMESTICATION OF WOMEN IN MARRIAGE: Through Qira’ah Mubadalah Via Nurjannah; Erha Saufan Hadana; Fitriliana; Fanny Tasyfia Mahdy
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol. 16 No. 1 (2026): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/041mcj96

Abstract

The domestication of women in marriage represents a long-standing issue in fiqh al-munakahat that perpetuates unequal gender relations within Muslim households. Traditional understandings, which confine women to domestic roles, often arise from literal and patriarchal interpretations of Qur’anic verses and Prophetic traditions, particularly regarding qiwamah and the wife’s obedience. The shifting social realities of the modern world demand a more contextual and egalitarian reading of these sources. Qira’ah Mubadalah, introduced by Faqihuddin Abdul Kodir, offers a transformative framework that emphasizes mutuality, justice, and equality in marital relationships. This study seeks to examine the manifestations of women’s domestication within classical fiqh discourse, and the extent to which Qira’ah Mubadalah reconstructs the concept of marital relations toward equality and fairness. Employing a qualitative normative-philosophical approach, the research analyzes classical and contemporary Islamic legal texts through content analysis. The findings reveal that women’s domestication in traditional fiqh stems more from socio-cultural patriarchy than from intrinsic Islamic principles. The Mubadalah interpretation reframes marriage as a reciprocal partnership (mu‘āsyarah bi al-ma‘rūf), emphasizing cooperation and shared responsibility rather than subordination. Qira’ah Mubadalah emerges as a progressive hermeneutical model capable of deconstructing patriarchal readings of marriage and reconstructing Islamic family law in line with principles of gender justice.

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