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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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Penegakan Hukum Lingkungan Terhadap Pencemaran Daerah Aliran Sungai Krueng Teunom (Studi Kasus Merkuri di Kecamatan Teunom Kabupaten Aceh Jaya) Harry Fajar Rizki; Syahrizal Abbas; Jamhir Jamhir
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 11, No 1 (2021)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v11i1.8323

Abstract

Perlindungan dan pengelolaan lingkungan hidup merupakan upaya sistematis dan terpadu guna melestarikan fungsi lingkungan hidup dan mencegah akan terjadinya pencemaran dan/atau kerusakan lingkungan hidup. Dilakukan melalui tindakan penataan, pemanfaatan, pengembangan, pemeliharaan, pemulihan, pengawasan dan penegakan hukum. Penelitian ini bertujuan menjawab permasalahan : Pertama, bagaimana penegakan hukum lingkungan menurut Undang-undang Nomor 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup di daerah aliran sungai Krueng Teunom. Kedua, bagaimana upaya-upaya yang dilakukan oleh LSM di Aceh terhadap dampak penegakan hukum pencemaran daerah aliran sungai Krueng Teunom. Ketiga, faktor apakah yang menjadi penghambat dalam penegakan hukum terhadap pencemaran daerah aliran sungai Krueng Teunom. Penelitian ini menggunakan jenis penelitian yuridis empiris. Teknik pengumpulan data yaitu dengan studi dokumen, wawancara, dan dokumentasi. Hasil penelitian menunjukkan bahwa pertama, telah terjadi penegakan hukum lingkungan terhadap pencemaran daerah aliran sungai Krueng Teunom. Kedua, LSM telah melakukan upaya-upaya seperti mendesak pemerintah  agar segera menangani pencemaran merkuri dan mendesak Pemerintah Daerah Aceh (Pemda) untuk melakukan penelitian terhadap baku mutu air. Ketiga, adanya tarik menarik kepentingan antara Pemda Aceh Jaya dengan para pengusaha. Adapun saran dari peneliti khususnya kepada Pemerintah Aceh Jaya agar selalu melakukan sosialisasi mengenai dampak dari pencemaran daerah aliran sungai. Kemudian kepada LSM yang ada di Aceh Jaya agar mengawal Pemerintah dalam hal penegakan hukum terhadap pencemaran daerah aliran sungai, dan untuk mahasiswa agar meneliti lebih lanjut tentang pencemaran daerah aliran sungai Krueng Teunom dari sudut pandang yang bertentangan dengan Undang-undang.
SELL AND BUY TRANSFER OF MOTORCYCLE WITH ADVANTAGES OF A MUAMALAH FIQH PERSPECTIVE (Case Study In Ingin Jaya Districts Aceh Besar District) Deddy Yusuf; Saifuddin Sa'dan; Azka Amalia Jihad
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 11, No 1 (2021)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v11i1.8314

Abstract

Buying and selling over motorcycle financing with profits in the District of Ingin Jaya, namely by transacting motorbikes that are still in financing by obtaining profits and this has become a habit for the people of the Ingin Jaya community. for this reason, the sellers and buyers need to know how the practice of buying and selling over motorcycle financing with profits that are in accordance with the perspective of the sale al-ba’i and hiwalah. In this study the authors used a descriptive analysis research method based on data obtained from interviews with Yamaha Sales Executive, Second Motorbike business owner Umar Matang and buyers from the general public which included transaction procedures and understanding in the agreement to set prices until the transfer was made. The results show the agreement between the seller and the buyer is based on a sense of willingness and an element of help on the condition that the leasing company that provides financing know and approves the transfer is made. And the buyer of the transferred motorbike of the Financing negotiates the transfer price with the first owner and later the buyer of the second motorbike will continue the remaining deposit. From the perspective of the Hiwalah and al-ba'i and Al-Milk At-Tamm contracts, the transfer and sale and purchase transactions that occur are very much in accordance with the concept of Hiwalah, al-ba'i, and complete ownership requirements (Al-Milk At-Tamm) in fiqh muamalah, and also the profits obtained are considered legitimate in buying and selling because the profits are obtained from goods that have clear ownership and are known between the two so that neither party is injured. The transaction has also become a good habit for the people of the District of Ingin Jaya.
GAMPONG EMPLOYMENT INSURANCE AGREEMENT REVIEW ACCORDING TO KAFALAH AGREEMENT (Case Study of Riseh Tunong Village, Sawang District North Aceh Regency) Ridwan Nurdin; Rita Purnamasari; Faisal Fauzan
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 11, No 2 (2021): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v11i2.11901

Abstract

The Employment Social Security Administration (BPJS) is the responsibility and obligation of the State that focuses on social security and labor protection in Indonesia to provide socio-economic protection to the community by organizing Work Accident Insurance (JKK), Death Insurance (JKM), Old Age Security programs (JHT), and Retirement. In accordance with the state's financial capacity. With the existence of BPJS for Employment, it is proper to help workers who are at risk and get the compensation or services that should be obtained. In this case the Gampong apparatus is required to become a participant of BPJS Employment in accordance with the Gampong's financial capacity. Riseh Tunong Village apparatus, Sawang District, North Aceh Regency, participated in two social security programs, namely the JKK and JKM programs. The contribution is calculated based on the percentage of wages/salaries per month, representatives from the Gampong apparatus will pay all other village equipment fees to the Lhokseumawe BPJS Employment office, the contributions are taken from the Gampong Revenue and Expenditure Budget (APBG). The purpose of this study was to determine the system of agreement and BPJS employment insurance benefits for the Gampong Riseh Tunong apparatus, Sawang District, North Aceh Regency. And to find out the review of the kafalah contract in the insurance agreement on BPJS employment on the Riseh Tunong Village apparatus, Sawang District, North Aceh Regency. This research is qualitative with descriptive analysis research type, namely the author uses field research methods and library research methods. The results of the study show that the substance of BPJS Employment is the same as conventional insurance. This is because there are two things that are not in accordance with sharia in the scheme that occurs in BPJS Employment, namely the element of transfer of risk (uncertainty) and interest-bearing loans in the determination of contributions.
THE EFFECT OF ORGANIZATIONAL CLIMATE AND COMPENSATION ON JOB SATISFACTION OF ADMINISTRATIVE EMPLOYEES UIN AR-RANIRY BANDA ACEH Yulindawati Yulindawati
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 11, No 2 (2021): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v11i2.9731

Abstract

The purpose of this study was to determine the compensation of the organizational climate and job satisfaction partially or simultaneously to the administration of employee performance UIN Ar-Raniry Banda Aceh. The population in this study was done by using Proportional Stratified Random Sampling by the number of employees 162 people made in the research sample. The analysis methods used were data instrument tests which are data validity as well  .The results showed a positive relationship between organizational climate variables and compensation effect on job satisfaction UIN Ar-Raniry Administration Banda Aceh.
ORDERS TO RECORD DEBTS (Study of Surah Albaqarah verse 282) Hajarul Akbar
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 11, No 2 (2021): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v11i2.11810

Abstract

The order for recording accounts payable has been stated in the Koran, this problem will also face many obstacles when dealing with a fact in the field, both in the collection and repayment of the debt, therefore it is interesting to study the extent of the opinions of the scholars of interpretation and scholars. others in determining the terms and other matters relating to the recording of accounts payable, of course this is what underlies the researcher's interest in explaining and getting a bright spot on how the scholars interpret this matter. This issue has many opinions among scholars of interpretation, both regarding the recording order and the problem of determining the criteria for witnesses in conducting debt and credit transactions. To get a deeper understanding, it is necessary to conduct a study of accounts payable, so that it can be seen how the criteria for witnesses for recording accounts payable according to the commentators and how the accounts payable according to the commentators are recorded. This study uses library research as a basic scientific perspective on interpretive scholarship, while the approach used in this research is a qualitative approach using the mauḍu'i (thematic) method. The main data sources used are the book of Tafsir al-Munīr, afwat al-Tafāsir, Tafsir al-Marāghī, the Koran and its commentary, while the supporting data sources are literature related to research titles such as books, books, dictionaries, encyclopedias, journals, as well as articles. The results of this study state that the criteria for witnesses according to the commentators in recording accounts payable, have almost the same opinion, not much different, namely Wahbah al-Zuhaili mentions that the criteria for witnesses are Islam, fulfill the obligation of prayer, have good and fair morals. And Ali al-Ṣābūnī mentions that the criteria for witnesses must be fair and firm, while al-Marāghī mentions that the criteria for witnesses must be of good religion and fair nature. The commentators have different opinions regarding the recording of accounts payable in QS. al-Baqarah: 282-283, unlike contemporary scholars who are very well known in this century, according to Wahbah al-Zuhaili the order to record accounts payable is obligatory and al-Marāghī recording debts and receivables is mandatory for avoid disputes in the future. Meanwhile, according to Ali al-Ṣābūnī, the recording of accounts payable is only a recommendation, not mandatory.
THE IMPLEMENTATION OF KHIYAR SYARAT ON TRANSACTION OF SHOES BY DROPSHIP SYSTEM IN THE CITY OF BANDA ACEH (A Study Case of Dropshipper in Syiah Kuala Sub-District) Ade Nidya Fernanda; Muhammad Siddiq Armia; Rispalman Risfalman
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 11, No 2 (2021): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v11i2.8617

Abstract

Dropshipping is a form of online buying and selling in which business actors act as intermediaries between genuine sellers (suppliers) and consumers. Shoe dropshippers in Syiah Kuala District do not stock goods and do not take care of shipments so they do not know the actual condition of the goods. Sometimes in online buying and selling like this there is a risk in the form of defects/damage to goods, shipping errors, etc. so a warranty system is needed to protect both parties from loss or disputes at a later date. The problem in this research is what is the form of return guarantee in the sale and purchase agreement of shoes in Syiah Kuala District by dropship and how is the khiyār review of the terms of the return guarantee form of dropship shoe purchase. In this study the authors used a sociolegal approach with descriptive analysis research methods based on data obtained from interviews. The result of this research is the guarantee provided by the dropshipper in the Syiah Kuala District in the form of exchanging goods (returns) and a refund (refund) for 3x24 hours with certain terms and conditions. In the concept of fiqh muamalah, the return guarantee has relevance to the khiyār requirement, because the dropshipper provides an option for returns within a certain time in order to guarantee the willingness of the parties. The provision of 3 days is in accordance with the terms of the khiyār time according to the terms of the fuqaha. The difference lies in the form of guarantee provided, in khiyār the terms of sale and purchase can be canceled if there is consumer defect or dissatisfaction, while the return guarantee by most dropshippers only provides exchange of goods, which shows that the sale and purchase cannot be canceled.
THE EFFECT OF SBI LEVELS ON PRICE STABILITY SHARIA SHARES IN SHARIA CAPITAL MARKET ACCORDING TO THE PERSPECTIVE OF SYIRKAH Fanda Fadilla; Bismi Khalidin
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 11, No 2 (2021): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v11i2.8431

Abstract

Interest rates certainly greatly affect investors to invest, high interest rates will cause increased production costs and decreased market purchasing power. High interest rates can also encourage investors to sell their assets with the expected profit, but if the interest rate increases, there is a tendency for investors not to invest in the capital market because they are afraid of high risks and profits that are not as expected. This has a negative impact on stock prices in the capital market because the expected rate of return on shares is smaller than the gain from interest rates, resulting in a decrease in demand for share prices and share prices will decline along with the increase in interest rates. This condition can make investors less interested in investing. According to the perspective of the syirkah inan contract, the profit sharing is divided according to the amount of capital participation of each party. In stock investment, stock prices often change, so there is a concern that there is uncertainty about the stock price and the level of profit that will be obtained by investors. To obtain these answers, in this study the authors used a descriptive analysis method, with a qualitative approach. From the results of this study it was found that in stock investment there is a potential for uncertainty in stock prices which often changes, and can harm investors due to falling stock prices due to rising interest rates. In this case, when the share price rises due to an increase in interest rates, investors are forced to hold their shares from being sold to prevent losses that will be experienced by investors.
IMPLEMENTATION OF CRIMINAL SANCTIONS OF NARCOTICS ABUSE AGAINST TNI OFFICERS (Military Court Decision on Case Registration Number: 49-K/PM.I-01/AD/IV/2019) Sitti Mawar; Nelis Sa'adah
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 11, No 2 (2021): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v11i2.11808

Abstract

Narcotics abuse is a crime that violates the rule of law, which can threaten the safety of both the physical and the soul of the user. As we know, narcotics abuse is not only for civilians, but in reality, TNI personnel are also involved in narcotics abuse. The TNI is a state apparatus whose duty is to guard, protect, maintain security and safeguard the sovereignty of the State. The imposition of basic criminal sanctions for TNI personnel for narcotics abuse refers to Law Number 35 of 2009 Article 127 paragraph 1 which states that people who abuse narcotics class I for themselves are sentenced to a maximum imprisonment of 4 years. However, Article 6 of the Military Criminal Law (KUHPM) provides additional types of punishment, namely dismissal from military service, demotion and revocation of certain rights. In this thesis, the formulation of the problem is how the judge's consideration in imposing a relatively light sentence for narcotics abuse on TNI personnel (Military Court Decision Case Number 49-K/PM.I-01/AD/IV/2019) and how the author's analysis is based on ( Military Court Decision Case Number 49-K/PM.I-01/AD/IV/2019). The research method used in this thesis is normative sourced from legislation. Based on the decision of the Military Court Judge I-01 Banda Aceh that narcotics abuse against TNI personnel is punishable by 2 years in prison. In addition, additional criminal sanctions were imposed, namely dismissal from the Military Service. The basis of the judge's consideration in reducing the defendant's sanctions on the basis of the defendant's level of guilt, the defendant admits his actions openly, the defendant is the breadwinner of the family, has never been sentenced or is a recidivist, is polite in front of the trial, has regrets and promises not to repeat it. For law enforcers, especially military judges, in imposing imprisonment sanctions, they must be in accordance with the law.
PATTERN OF NAZHIR WAKF DEVELOPMENT IN THE CITY OF BANDA ACEH Husni Abdul Jalil; Bukhari Ali; Al Muzammir Saputra
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 12, No 1 (2022)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v12i1.12371

Abstract

ABSTRACT Based on waqf regulations in Indonesia, Nazhir waqf is entitled to receive guidance from the government (central Ministry of Religion, Regional Office of the Ministry of Religion, Regency/City Ministry of Religion and KUA) and the Indonesian Waqf Board. However, the waqf regulations in Indonesia do not regulate the pattern of development. This study examines how the pattern of coaching Nazhir in the city of Banda Aceh. The method used in this research is a qualitative method that is a field study or empirical and the focus of the study is the role of the government in fostering Nazhir in the city of Banda Aceh. The results of the study show that the pattern of Nazhir's development in the city of Banda Aceh is a formal and informal pattern. Formal patterns such as seminars, workshops and training. Meanwhile, informal patterns such as at the time of sermons, religious lectures, at the momentum of the handover of Nazhir's decree, the participants were very limited and attended by participants other than Nazhir waqf.
STATE AND RESPONSIBILITY FOR IMPLEMENTATION OF ISLAMIC LAW Muhammad Yusuf
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 12, No 1 (2022)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v12i1.12878

Abstract

For every Muslim, carrying out all the teachings of Islam in his life is an obligation. Among the aspects contained in Islamic teachings, one of which is related to law which has several parts. Among these sections there are certain parts of the law that cannot be implemented by the Muslim community without the involvement of the authorities, especially in this study is part of the jinayah law. However, in the application of the law of jinayah, there are many polemics in society, especially among non-Muslims because the law of jinayah is considered severe and what is regulated in the law of jinayah has different perspectives/judgments among them. This is one of the considerations that the government finds it difficult to accept the proposal for the implementation of the law of jinayah in Indonesian society. This study tries to see how the relationship between law and the state and how the obligations of the ruler in the implementation of Islamic law in Muslim society. This study aims to see the extent of the obligations of Muslim rulers in implementing Islamic law for their people or citizens and to also see the special character of the law of jinayah related to its implementation. The method used in this research is qualitative with a normative juridical approach.

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