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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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PELAKSANAAN PENGAWASAN OLEH KPPBC TMP C SABANG TERHADAP LALU LINTAS BARANG DARI PELABUHAN BEBAS SABANG Fachrurrazi Idram; Mohd. Din; Efendi Efendi
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 8, No 1 (2018)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v8i1.3413

Abstract

Sabang area has become a separate area of customs area so free from imposition of import duties, value added tax, sales tax on luxury goods and excise duty. To that end, the Direktorat Jenderal Bea dan Cukai (DJBC) shall supervise the importation and release of goods to and from and located in Sabang area. In the period from March 2013 to October 2017 there have been 88 cases of customs violations related to freight traffic from Sabang Free Port to other places within the Customs Area, especially in the supervision of the Kantor Pengawasan dan Pelayanan Bea dan Cukai (KPPBC) of Sabang. The main problem of this study is why the implementation of surveillance of goods traffic by DJBC to goods traffic in Sabang Free Port has not been running optimally, what are the obstacles that cause the implementation of surveillance of goods traffic from Sabang Free Port so it has not run well and whether the effort should do. The method used in this research is empirical law research method. The result of the research explains that DGCE monitoring through KPPBC Sabang against goods traffic in Customs Area is not optimal due to unavailability of system based information access, lack of adequate facilities and infrastructure, lack of cooperation agreement with other institutions, Human Resources (HR), as well as the vast area of supervision. Efforts are made by requesting the procurement of information technology systems, requests for additional HR, improvement ofinfrastructure facilities, the procurement of several monitoring posts and so forth. 
KEBIJAKAN KRIMINAL DALAM PENANGGULANGAN PERKAWINAN DI BAWAH UMUR Mohd Din; Mujibussalim Mujibussalim; Eli Dani Isma
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 7, No 1 (2017)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v7i1.2337

Abstract

Reproductive health married at a young age at risk of causing twice as likely to die in childbirth as compared to those aged 20-25 years, while under-15-year-olds may die five times. Young women who are pregnant, based on research will experience several things, such as will experience bleeding, miscarriage, and difficulty in the process of childbirth. Therefore, early marriage has many negative impacts that are very important to be known by both teenagers and parents. Underage marriage phenomenon is not new in Indonesia as in the case of Syech praise and Lutfiana ulfa that caused controversy in the year 2009 ago, there are hundreds of cases underage marriages that do not stick to the surface and expose the media. In rural areas, there are many cases of underage marriages, such as in the Takengon area, Aceh Tengah District, Aceh Province, there are many cases of underage marriage, how is criminal policy in prevention of marriage of minors? A pakah effort undertaken in countermeasures of marriage of minors in Takengon Regency Central Aceh? Although countermeasures have been undertaken but underage marriages are still rife due to the absence of specific and firm legal arrangements concerning marriage of minors. Minors under Law No. 1 of 1974 on Marriage are children aged 19 years for men and 16 years for women. Although it has been affirmed that the minimum age limit is allowed to marry by law, on the other hand it is given an exception for marriage. Keywords: Criminal, Marriage, Underage
DISTRIBUSI ZAKAT UNTUK GOLONGAN FAQIR UZUR PADA LEMBAGA BAITUL MAL DI ACEH Ida Friatna
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 9, No 2 (2019)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v9i2.5321

Abstract

This is an obligation to a certain Muslim who meet the requirement to pay zaka. In the other side, the government needs to operate an authorized institution to manage this kind of alms, including infaq and other Muslim’s alms. Int this case, the government of Aceh has established a kind of Islamic treasury office named Baitul Mal which mandated to preserve, manage, and develop the zaka, infaq, waqf, and other alms in Islam, including the preservation of Islamic custody. This study examines the zaka distribution by Baitul Mal office to the old poor beneficiary group. Islam basically distinguishes between miskin and faqir based on their different level, where the faqr is they are in a poorer condition. Currently, the Baitul Mal office separates the poor group into two types, namely the old poor (Faqir uzur) and the normal poor (Non-old faqir). The old poor is defined as people with old age, long sickness, and permanent disable, or with other condition they become not productive. The catagorization has consequences to the distribution portion. The Baitul Mal decided monthly consumptive distribution to the old poor group and to the normal poor is also giving incidentally by the consumptive method. This arrangement is aimed to be a guidance for all the Baitul Mal around the regencies level in targeting those types of faqr. So, here are main questions why do the Baitul Mal make this distinction and what is the impact to both type of faqr life. This study found that the Baitul mal wanted to be committed to elevating the faqr life through zaka distribution, especially to the faqr uzur that considered unproductive people and the distribution was chosen by consumptive way. This study learned that the Baitul Mal also considered to distributing part of zaka productively. The study uses the literatures and also the Baitul Mal official data. 
BATAS WAKTU MUSAFIR BERMUKIM UNTUK KEBOLEHAN QASAR SALAT Yenny Sri Wahyuni; Yusrizal Bin Razali
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 9, No 1 (2019)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v9i1.4755

Abstract

The traveler is one of the reasons that allows someone to pray qasar, this is the opinion that has been agreed by the scholars. They differ in opinion as to how long a traveler is allowed to pray. In this case, the Hanafi school argues that the traveler is allowed to pray continuously, unless he has lived in a place for more than 15 days, then he is considered a mukim and must complete his prayer. Meanwhile, the Syafi'i mazhab of the traveler is allowed to qasar continuously, unless he stays in a place for more than 3 days. The research question is: what is the istinbat method used by the Hanafi and Syafi'i schools in determining the time limit of the qasar's allowance for the traveler and what is the reason for the differences of opinion between these two schools of thought. The research method that the author uses is a comparative descriptive method, namely research by analyzing and comparing opinions, reasons and interpretations of the arguments used as a basis for the opinion of the school of thought. The results found are that both schools use the method of istinbat bayani. The cause of differences in opinion is due to the confusion of the dhahir in a number of hadiths and the subjectivity of the mujtahid in understanding the texts. 
PENERAPAN SYARIAT ISLAM DALAM BINGKAI KEBERAGAMAN NUSANTARA Iqbal Maulana; Yuni Roslaili
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 8, No 2 (2018)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v8i2.4216

Abstract

The implementation of the Islamic Law in Aceh received recognition from the Government of Indonesia since 1959 based on the Decree of the Deputy Prime Minister of the Republic of Indonesia No. 1 / Missi / 1959. Since then until the enactment of the BAL in 2006, several aspects of national law have become different in Aceh. This then sparked controversy, especially regarding the position of Non-Muslims and religious freedom. This article tries to explain how the application of Islamic Law in Aceh in relation to the Non-Muslim population and its solution. The study found that the relationship between Muslims and Non-Muslims in Aceh, especially in the social aspects of society, took place harmoniously. The application of Islamic Law in Aceh only applies to Muslims and there is no coercion for Non-Muslims. In this case, according to the author, it also offers the concept of "Conducted by Waliya Dien" in addressing religious plurality in Aceh, and the attitude of making Pancasila as "Kalimatun Sawa’ in the corridors of living in a state. 
Konflik Etnis Dayak dan Madura dalam Masalah Hutan Kalimantan : Perspektif Green Thought Mumtazinur Mumtazinur
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 7, No 2 (2017)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v7i2.3255

Abstract

This article is an effort to explain the correlation between natural Resources and conflict that involved Dayak and Madura ethnic in Kalimantan. This writing begins by a brief description of ethnicity and conflict and also a glance of natural Resources. This article also describing conflict of ethnic about forest issue in Kalimantan through Green Thought. This perspective discern the logical correlation between living Environment and conflict emergence.
SERPIHAN PEMIKIRAN HUKUM ISLAM DALAM MAZHAB SYIAH Muhammad Siddiq Armia
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 7, No 2 (2017)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v7i2.3262

Abstract

In the begining, Sect of Shiah was born from political background, then became part of Islamic Jurisprudence. The sect of Shiah has emerged from the differen perspective of seeing Chalif of Ali Bin Abi Thalib. From the extrem perspective of Shia, they claim that Jibril as the angel revealition has made a serious mistake, because of delivering revealition to Muhammad instead of Chaliph Ali bin Abi Thalib. Thus, not all of Sect of Shiahs’ are misleading, some of them still have a right path. This article will explore the Islamic legal thought in the perpective of Shia sects, to get a clear point of view on them and to prevent misunderstanding of Shia sects in the Islamic society. Keywords: Sects, Shia, Misleading Thought
SISTEM GARANSI BARANG ELEKTRONIK DALAM FIQIH MUAMALAH DAN UNDANG-UNDANG PERLINDUNGAN KONSUMEN Syahrizal Abbas; Edi Yuhermansyah; Dara Masyittah
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 9, No 2 (2019)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v9i2.5317

Abstract

In a transaction, especially elecronic goods can not be separated from the possibility of defects or damage to goods traded in the future, causing electronic goods manufacturers to provide guarantess ( warranty ) and impose and right to consumers with certain conditions. Regarding the time or warranty period for an item according to Malikiyah scholars whose nature is not perishable takes longer. In general, currently electronic goods are only given a one-year warranty period. Whereas in Law Number 8 Article 27 of 1999 concerning the Consumer Protection Law, the risk period for goods traded within a period of 4 years has been contained. The formulation of the problem and the pupose of this study is to find out how the warranty system is in muamalah fiqh and how is the guarantee system in the consumer protection law. The research method used can be classified as a descriptive analysis of reseach in two perspectives, namely in muamalah fiqh and UUPK, and with a qualitative approach, data is obtained through library research. The resulth of this study show that the warranty system in muamalah fiqh shows that the khiyar system for goods that have defects or damage in them ( disgrace ) applies when there is a defect ( disgrace ) damage to goods that are not easily damaged. Regarding the time to sue for losses is not set a definite time limit because items that are not easily damaged, especially electronics require a long time. And the results of research into the warranty system in the UUPK stipulate that the seller or business actor is obliged to provide guarantess for goods sold as a form of warranty for damaged goods, and the seller will be subject to criminal sanctions when compensation claims made by the consumer are rejected or not fulfilled. Regarding the time limit for the prosecution of damaged goods is set for 4 ( four ) years.  
FASAKH NIKAH DENGAN ALASAN SUAMI MISKIN (Studi Perbandingan antara Ulama Syafi’iyyah dan Hukum Positif di Indonesia) Muhammad Habibi; Syahrizal Abbas; Sitti Mawar
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 8, No 2 (2018)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v8i2.4358

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 (carrying out divorce) by reason of a poor husband there are differences of opinion between the Syafi'iyyah Ulama and Positive Law in Indonesia concerning the provisions that must be fulfilled by both. This study wants to answer the question of how the provisions of fasakh marriage are based on the reasons of poor husbands according to Syafi'iyyah Ulama and Positive Law in Indonesia. To get answers, the author uses primary data sources and secondary data. The research method that I use is Descriptive Comparative method that is research by analyzing and comparing opinions, reasons and interpretations of the arguments used as the opinions of the two groups. The results of the study indicate that the fasakh of marriage on the grounds of a poor husband according to the Shafi'iyyah Ulama is permissible and validly carried out on condition; 1) A wife who is married between being patient and divorced, 2) Judge's decision, in the form of; a. determination of poor status according to the provisions, b. giving an opportunity to a husband to work for a living, c. Fasakh implementation period three days after the wife reported. 3) Separated by reciting fasakh instead of divorce, and still having three times the right of divorce if in the future you want to remarry with a new contract. Whereas according to Positive Law in Indonesia fasakh marriage by reason of poor and permissible husband with conditions, 1) occur shikak between wife and husband, 2) wife make a divorce letter, 3) Decision judge namely proof of poor husband in a literal manner, 4) Court decision drop one bain sughra talak. From the explanation above, it can be concluded that the provisions of the fasakh of marriage by reason of poor husbands in the opinion of the Syafi'iyyah clerics are better and fair because they are supported by a strong foundation and are most in accordance with the soul, basis and principles of Islamic law. Therefore in Indonesia requires more explicit rules about fasakh (divorce) with the excuse of poor husbands. 
KAJIAN YURIDIS PERWAQAFAN TANAH DAN KEABSAHAN PERTUKARANNYA Arifin Abdullah
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 8, No 1 (2018)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v8i1.3414

Abstract

The application of waqf originally rated to immovable things or properties The properties donation and the corporate to be waqf of land (donation for religious or community use) which will become public properties should be based on the Islamic law in accordance with The Quran in al-Baqarah letter from 215 verse, the land which has been waqf should be correspondent to the waqf land declare. In article 3 of law number 41 of 2004 regarding the waqf land in states “the waqf of land which has been officially declared in Islamic way cannot be cancelled”, and cannot be changed if the wakif declare it for a certain use. However, the exchange use of the waqf property is not based on the traditional regulation. The objective of this research is to find out explain the implementation of waqf of land based on the prevailing laws, to explain the waqf of land for certain use which can and cannot be changed with other object, and to explain the law about the waqf of land which can be changed. The method used in this research is a normative and sociologic juridicial method in which the writer should study laws and regulations which are relevant to the research, the normative approach is the study of library material including primary, secondary and tertiary materials. The sociologic juridicial opproach is used to study the positive law. 

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