Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial
E-ISSN : 2580-5363 (online) P-ISSN : 2088-9712 (print) DOI Prefix : Prefix 10.22373 by Editor in Chief : Muhadi Khalidi,SHI, MH Managing Editor : Luqman Nurhisam, M.S.I : Universitas Islam Negeri Sunan Kudus Frequency : 2 Issues/Year (June and December) Citation Analysis : Sinta | Google Scholar Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial.. peer-reviewed journal published by Law Department, Sharia and Law Faculty in cooperation with Center for Research and Community Service (LP2M) of State Islamic University (UIN) Ar-Raniry Banda Aceh. The journal is focusing to publish research articles on Islamic law (sharia) and law development, legislation, and social issues. Publish twice in year, June and December. Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial. also has become a CrossRef Member. Therefore, all articles publish will have unique DOI number. Dusturiyah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial invites scholars and researchers to submit research articles on Islamic law issues. The manuscripts must submit by online submission with using template format available in author guidelines. This journal does not charge fees for any submission, article processing (APCs), and publication of the selected reviewed manuscripts. Journal subscription is also open to any individual or institution without any subscription charges. All published manuscripts will be available for viewing and download from the journal portal for free. Office address: Fakultas Syariah dan Hukum Universitas Islam Negeri Ar-Raniry. Jl. Ar-Raniry, Kopelma Darussalam, Syiah Kuala, Banda Aceh, Aceh, Indonesia 23111. Email: jurnal.dusturiyah@ar-raniry.ac.id
REINTERPRETING THE DOMESTICATION OF WOMEN IN MARRIAGE
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.
Domestication, Qira’ah Mubadalah, Gender Justice.
Copyright (c) 2026 Via Nurjannah, Erha Saufan Hadana, Fitriliana, Fanny Tasyfia Mahdy http://creativecommons.org/licenses/by-sa/4.0
MITIGATION DOMESTIC VIOLENCE: A COMPERATIVE STUDY OF GOVERNMENT
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.
Copyright (c) 2026 Edi Yuhermansyah, Rispalman Rispalman, Nada Balkis Suci http://creativecommons.org/licenses/by-sa/4.0
THE MANIFESTATION OF LAW IN THE ENFORCEMENT OF HUMAN RIGHTS IN INDONESIA
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.
Human Rights, Komnas HAM (National Human Rights Commission), State Commitment, Law Enforcement.
Copyright (c) 2026 Fairuzi Zi, Fakhrurrazi M. Yunus, Aulil Amri http://creativecommons.org/licenses/by-sa/4.0
FULFILLMENT OF WAGE RIGHTS FOR FEMALE WORKERS
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.
Wage fulfillment, Permanent Women Workers, PT. Coffee Sound
Copyright (c) 2026 Ayuni Rizki, M. Syuib, Riza Afrian Mustaqim http://creativecommons.org/licenses/by-sa/4.0
JUDICIAL REASONING IN MARRIAGE DISPENSATION AT THE TAKENGON SYAR'IYAH COURT
This study examines the judicial reasoning model in granting marriage dispensation at the Takengon Syar'iyah Court through a critical analysis of Decision Number 185/Pdt.P/2024/MS.Tkn. Using a socio-legal approach with legal pluralism and maqashid al-syariah frameworks, this research reveals that judges employ a three-stage hierarchical reasoning pattern: formal-procedural, social fact verification, and Islamic law substantive justification. The findings indicate that positive law (Law No. 16/2019 and PERMA No. 5/2019) functions as an initial barrier and procedural legitimizer, while Islamic law, particularly the fiqh maxim dar'u al-mafasid muqaddamun 'ala jalb al-mashalih (preventing harm takes precedence over bringing benefit), serves as a substantive problem-solver. Local socio-cultural realities, especially unplanned pregnancy and family honor concerns, act as triggering factors that are subsequently framed as "legal emergencies." This research identifies a critical paradox: the court's comprehensive advice on the risks of child marriage (educational disruption, mental health issues, and potential domestic violence) is ultimately overridden by the immediate need to resolve social crises. The study concludes that this practice represents "reactive legal pluralism" that effectively addresses immediate social conflicts but fails to provide proactive, long-term child protection, thereby reducing the "best interests of the child" principle to mere procedural formality rather than substantive consideration.
Copyright (c) 2026 Muhammad Akmal Apriliansyah; Azhar Nur Mawaddah Gulo, Bentara Subhan http://creativecommons.org/licenses/by-sa/4.0
SERAWAI TRIBE COMMUNITY'S EFFORTS TO BUILD FAMILY RESILIENCE THROUGH
This study examines of the beterang tradition for girls in strengthening family resilience among the Serawai ethnic community through the perspective of maslahah mursalah. The study used a qualitative approach combining legal-sociological and normative methods. Data were gathered by observing, conducting detailed interviews, and reviewing documents from traditional leaders, religious people, parents, and young women. The findings indicate that the beterang tradition serves as a medium for internalizing religious, moral, and social values, contributing significantly to the psychological and spiritual readiness of young women for family life. It also plays a strategic role in preventing family conflicts, strengthening social relations, and fostering ethical awareness. From the perspective of maslahah mursalah, this tradition fulfills the principles of maqashid al-shari‘ah, particularly in safeguarding religion, life, intellect, lineage, and property, thus remaining relevant as a contextual model of family education based on Islamic values and local wisdom.
Copyright (c) 2026 Akbar Shiddiq, Dr. H. M. Aunul Hakim, S.Ag., M.H, Dr. Musa Taklima, M. S.I, Vida Rofika Miladiah http://creativecommons.org/licenses/by-sa/4.0
The Urgency of Reformulating Regulations on the Postponement of Marital Property Distribution to Fulfill the Best Interests of the Child
The regulation of the distribution of marital property in Indonesia has not yet incorporated a child-protection perspective. In fact, divorce has direct consequences for children, particularly in situations where the marital property consists of only a single asset, namely the family home. If such property is divided equally between the husband and the wife, it may result in adverse effects on the best interests of the child. This study aims to analyze the urgency of reformulating the regulation of marital property distribution in a manner oriented toward child protection and the best interests of the child as reflected in Supreme Court Circular Letter (SEMA) Number 1 of 2022. This research employs a normative legal research method. The legal materials used consist of the Marriage Law and the Compilation of Islamic Law. Data collection was carried out through a literature review of library materials. The data were analyzed descriptively and prescriptively. The findings indicate that reformulating the regulation on postponing the distribution of marital property in the form of legislation is essential to address the existing legal vacuum in Indonesia. Although the Supreme Court has issued an internal policy in the form of a SEMA, its effectiveness is weak because it functions merely as an internal directive that is not legally binding on judges. A provision acquires binding force only when it is regulated in statutory legislation. The SEMA has attempted to realize the best interests of the child by providing for the postponement of the distribution of marital property when the property acquired during the marriage consists solely of a house that serves as the family residence. Dividing the house equally between the husband and the wife may generate negative consequences for the child, as the child could lose their place of residence.
Copyright (c) 2026 Zahrul Fatahillah, Ajhatul Ilham, Mansari, Azharuddin http://creativecommons.org/licenses/by-sa/4.0
JURIDICAL ANALYSIS OF TRANSACTION FRAUD CRIME ONLINE
Perkembangan teknologi digital telah meningkatkan jumlah transaksi daring di masyarakat, namun di sisi lain memunculkan berbagai bentuk kejahatan berbasis elektronik, salah satunya penipuan transaksi online. Penelitian ini bertujuan untuk menganalisis penerapan ketentuan hukum terhadap tindak pidana penipuan transaksi online di Kabupaten Lampung Utara serta mengidentifikasi hambatan yang dihadapi aparat penegak hukum dalam proses penyelesaiannya. Penelitian menggunakan metode yuridis empiris dengan menelaah ketentuan dalam KUHP, Undang-Undang Informasi dan Transaksi Elektronik, serta data empiris berupa pola kasus penipuan online yang terjadi di wilayah tersebut. Hasil penelitian menunjukkan bahwa penipuan online pada dasarnya memenuhi unsur-unsur Pasal 378 KUHP, dan ketentuan dalam UU ITE berfungsi sebagai instrumen tambahan ketika pelaku menggunakan sarana elektronik untuk melakukan kebohongan atau menyembunyikan identitas. Namun, efektivitas penegakan hukum masih terkendala oleh sulitnya melacak identitas pelaku yang menggunakan akun palsu, minimnya bukti digital yang disimpan korban, serta keterbatasan kemampuan teknis aparat dalam mengelola bukti elektronik. Kondisi ini menunjukkan bahwa kejahatan digital tidak hanya menuntut ketegasan regulasi, tetapi juga kesiapan infrastruktur dan peningkatan kapasitas sumber daya manusia. Penelitian ini menegaskan perlunya penguatan penegakan hukum melalui peningkatan kompetensi aparat dalam investigasi siber, penyediaan fasilitas pendukung, serta edukasi literasi digital kepada masyarakat. Penguatan tersebut penting untuk menciptakan mekanisme perlindungan yang lebih efektif dan mendorong terbentuknya lingkungan transaksi digital yang aman di Kabupaten Lampung Utara.
Copyright (c) 2025 Resa Septia, Nisa Fadhilah http://creativecommons.org/licenses/by-sa/4.0
A COMPARATIVE LEGAL ANALYSIS OF DEEPFAKE TRANSPARENCY:
AI-generated deepfakes pose a clear global threat, undermining public trust and individual dignity through geopolitical disinformation and fraud, a trend now manifesting in Indonesia. This article’s objective is to comparatively analyze Indonesia's "vacuum of law" (recht vacuum), which relies on outdated general statutes, against China's proactive "AI Labelling Law". Employing a normative legal research method with a descriptive-analytical approach , the study finds that Indonesia operates in a functional legal vacuum, lacking foundational legal definitions for "AI" or "deepfake" and relying on a "fundamentally unfit" EIT Law that creates a severe "accountability gap". In stark contrast, China's law mandates a comprehensive dual-labeling system (explicit and implicit) with clear obligations for providers and users, enforcing its "cyber sovereignty" doctrine. This research contributes a critical case study of reactive versus proactive regulation, presenting the technical mechanisms of China's law as a potential "technical blueprint" for Indonesia, while also serving as a "cautionary tale" regarding its state-centric ideology
Copyright (c) 2025 Marvell Limiardo, Lewiandy http://creativecommons.org/licenses/by-sa/4.0
LEGAL PROTECTION FOR INVESTORS IN NON-MULTIPLE VOTING SHARES
Indonesia's economic growth has spurred continuous innovation across various sectors, including the legal domain. To sustain this growth, the government and relevant regulatory bodies—particularly the Financial Services Authority (OJK) introduced a new share classification known as Multiple Voting Shares (MVS), regulated under OJK Regulation No. 22/2021. Before its introduction in Indonesia, the MVS structure had been implemented in several international stock exchanges such as the NYSE, NASDAQ, and HKEX. In contrast to Indonesia, Hong Kong refers to MVS as Weighted Voting Rights (WVR), governed under Chapter 8A of The Main Board Listing Rules. Differences in market conditions and legal environments between the two jurisdictions have resulted in variations in their regulatory frameworks. The most significant distinction lies in the legal protection mechanisms for investors holding ordinary (non-MVS) shares. Accordingly, this study examines the regulatory differences between Indonesia and Hong Kong concerning MVS by employing a normative juridical method with a comparative approach, based on an extensive literature review
Chapter 8A of The Main Board Listing Rule
Copyright (c) 2025 Olga Abigail Sugama, Ariawan Gunadi http://creativecommons.org/licenses/by-sa/4.0
OBSTACLES TO SIMPLE PROOF IN THE IMPLEMENTATION OF ACTIO PAULIANA
This study aims to analyze the obstacles arising from the application of simple proof in the implementation of actio pauliana in procedural bankruptcy law in Indonesia. Actio pauliana, as a legal effort to cancel the Debtor's legal actions that are detrimental to the Creditor, requires the fulfillment of six cumulative elements. However, the court proceedings in the Commercial Court, which are based on the principle of simple evidence, create substantive challenges for the Curator as the party bears the burden of evidence. Through a normative legal research method, this study concludes that the complexity of the elements of actio pauliana, especially the elements of knowing or should have known, is difficult to prove using only simple proof standards. The ambiguity of the definition and limitations of simple proof in the Bankruptcy Law and PKPU has resulted in subjective interpretations among judges, which ultimately leads to legal uncertainty and variations in decisions. As a result, the effectiveness of actio pauliana as an instrument of protection for creditors is not optimal. Therefore, this study recommends the need for regulatory changes to clarify the meaning of simple proof and consider exceptions to its application to complex elements of actio pauliana
Copyright (c) 2025 Roland Nofenick Gunther Henlindra, Gunardi Lie http://creativecommons.org/licenses/by-sa/4.0
LEGAL ANALYSIS OF CRIMINAL ACTS OF EMBEZZLEMENT OF FIDUCIARY GUARANTEES BY DEBTORS IN CONSUMER FINANCING AGREEMENTS
This study aims to examine the effectiveness of law enforcement against the crime of fiduciary collateral embezzlement by debtors in consumer financing agreements based on Law No. 42 of 1999 on Fiduciary Security and Supreme Court Decision No. 419K/Pid.Sus/2021. Using a normative juridical method with statute, conceptual, and case approaches, the research finds that law enforcement remains ineffective due to the disharmony between Article 36 of the Fiduciary Law and Article 372 of the Criminal Code, resulting in differing criminal sanctions. Judicial disparities indicate weak legal protection for creditors, particularly in the imposition of disproportionate sentences relative to the severity of the offense. Meanwhile, low public legal awareness and limited understanding of fiduciary obligations exacerbate the problem. Therefore, reformulation of criminal provisions under the Fiduciary Law, strengthening of notary responsibilities in the registration process, and improved professionalism among law enforcement officers are necessary to achieve a fair and legally certain fiduciary system in Indonesia.
Copyright (c) 2025 Francisca Andriani Putro, R. Rahaditya http://creativecommons.org/licenses/by-sa/4.0
JURIDICAL ANALYSIS ON THE URGENCY OF REGULATING ENVIRONMENTAL
The increasing prevalence of greenwashing highlights the urgency of regulating environmental claims within Indonesian consumer protection law. This article aims to analyze the necessity of regulating environmental claims and how consumer protection law reform can strengthen safeguards against misleading environmental information. The study employs a normative juridical method with a descriptive-analytical approach, using secondary legal materials, including literature, journal articles, and statutory regulations. The findings indicate that clear regulations regarding environmental claim standards, verification mechanisms, and sanctions against greenwashing practices are essential to provide legal certainty, protect consumers, and encourage business actors to adopt socially and environmentally responsible practices. Furthermore, integrating the reform with Environmental, Social, and Governance (ESG) principles enhances accountability and transparency in business operations while supporting sustainable development. Strengthening consumer protection institutions and environmental certification systems also serves as a key instrument for effective law enforcement. Therefore, consumer protection law reform in Indonesia not only addresses legal gaps related to greenwashing but also establishes a fair, adaptive, and sustainability-oriented consumer protection framework.
Greenwashing; Environmental Claims; Consumer Protection; Legal Reform; ESG
Copyright (c) 2025 Agustinus Tobias Adikavi http://creativecommons.org/licenses/by-sa/4.0
THE ROLE OF THE IMAM KHATIB AS A MEDIATOR BETWEEN NUSYUZ AND SYIQAQ
This research aims to examine the role of the Imam Khatib as a mediator in resolving cases of nusyuz and syiqaq between married couples in Jorong Lubuk Gobing, Ranah Batahan District, West Pasaman Regency. The background of this research is the increasing number of domestic conflicts and limited access for the public to formal legal institutions such as the Religious Court, leading people to opt for non-formal channels thru mediation by religious figures. This research uses a qualitative method with a descriptive approach. Data was obtained thru observation, interviews with the Imam Khatib, married couples, and community leaders, as well as documentation. Data analysis is conducted thru the stages of data reduction, data presentation, and drawing conclusions. The research findings indicate that the causes of nusyuz and syiqaq include infidelity, misuse of cell phones, slander, and economic pressure. The Imam Khatib plays a role by providing advice based on Islamic law and customary values, as well as facilitating family discussions to achieve peace. The success rate of mediation reached 37.5%, supported by public trust and the Imam Khatib’s closeness to religious and customary values. The main obstacle is the couples’ poor understanding of household rights and obligations. This research concludes that the Imam Khatib plays a strategic role in mitigating domestic conflicts and offers a religious and culturally based mediation model that is relevant for application in other areas.
Copyright (c) 2025 Ahmad Mafaid mafaid http://creativecommons.org/licenses/by-sa/4.0
This article tries to examine more specifically the gastrodiplomacy instrument of the Indonesian government through coffee, which in this context will raise the theme of Sanger Aceh. The main question that this article would like to answer was related to the potential of Sanger Aceh as an instrument in the practice of gastrodiplomacy by the indonesian government. This article tries to unravel questions related to the challenges faced by Sanger as an instrument of gastrodiplomacy. This article will describe the gastrodiplomacy practices carried out by Indonesia and several other countries and find the urgency of this gastrodiplomacy practice for the Indonesian government. This article will analyze the potential of Sanger and several challenges in the future.
Copyright (c) 2025 Rispalman Rispalman, Mumtazinur http://creativecommons.org/licenses/by-sa/4.0
THE ROLE OF WILAYATUL HISBAH IN PREVENTION OF KHAMR
Efforts to prevent the abuse of khamr in Simeulue Regency refer to the Aceh Governor Regulation (Pergub) Number 10 of 2005 which regulates the supervision and prosecution of the circulation and consumption of khamr. In the regulation, it is stated that one of the elements that have an important role in supervision is Wilayatul Hisbah (WH). This research is a type of empirical legal research or known as nondoktrinal research which is qualitative in nature that emphasizes the process and operation of law in society. The results of this study indicate that so far the role of Wilayatul Hisbah Simeulue Regency has not been running optimally, due to various internal and external obstacles faced by Wilayatul Hisbah, such as limited personnel, lack of operational budget, and lack of cross-sector coordination with related agencies. Therefore, to maximize the role of Wilayatul Hisbah in preventing khamr cases, several strategic steps are needed, including: increasing the capacity of WH human resources, providing adequate facilities and infrastructure, and strengthening coordination between WH, police, and community leaders. In addition, an educative and preventive approach is needed, not only repressive, to build public awareness of the dangers and prohibitions of khamr consumption according to Islamic law and positive law in Aceh.
Copyright (c) 2025 syuri anggrahimi syuri anggrahimi http://creativecommons.org/licenses/by-sa/4.0
MEASURING BETWEEN TRADITION, LAW, AND MASLAHAT VALUE:
This research analyzes the dynamics of divorce in Mandailing Natal society by focusing on the interaction between customary traditions, positive law, and the principle of maslahat in Islamic law. Divorce in Mandailing Natal Regency is not only a legal matter, but also a social phenomenon rooted in customary values and religious teachings, with significant impacts on women, children, and social balance. The research used a descriptive-analytical qualitative method through interviews, observation, and literature study. The results show that the majority of divorces are filed by the wife with causal factors including economic problems, household disharmony, infidelity, and domestic violence. Although customary deliberation traditions such as marpokat/martahi are still practiced, the legal awareness of the community to pursue official procedures through the Religious Court is still low, often causing legal harm to women and children. The maslahat approach, which prioritizes benefit and prevents harm, is the ideal solution in resolving divorce, by balancing aspects of state law, Islamic law, and local wisdom. The research recommends strengthening legal awareness, optimizing the role of customary deliberation, and protecting post-divorce rights for women and children as steps towards a more just and humane divorce settlement system.
Islamic law, Mandailing Custom, Maslahat
Copyright (c) 2025 Asrul Hamid, Andri Muda Nst, Raja Ritonga, Zuhdi Hsb, Ilham Ramadan Siregar http://creativecommons.org/licenses/by-sa/4.0
REASONS FOR DIVORCE IN THE JANTHO SHARIA COURT AND THEIR CORRELATION
Perceraian merupakan alternatif terakhir yang dibenarkan oleh hukum dan agama Islam dalam keadaan darurat yang dapat dilalui oleh suami dan istri jika ikatan perkawinan (rumah tangga) tidak dapat dipertahankan keutuhanya lagi. Darurat yang dimaksudkan ialah kondisi dimana suami dan istri telah menempuh berbagai cara dan metode untuk mencari kedamaian antara kedua belah pihak, baik itu melalui mediator dari kedua belah pihak maupun cara lain yang serupa dengannya. Perceraian merupakan pijakan awal terjadinya permasalahan serta keretakan hubungan antara pasangan suami istri. Perceraian diatur dalam Pasal 39 No.1 Tahun 1974 tentang Perkawinan, Pasal 19 PP No. 9 Tahun 1975 tentang Pelaksanaan UU No.1 Tahun 1974 Tentang Perkawinan serta Pasal 116 KHI. Pembahasan ini, bertitik fokus pada sebab-sebab terjadinya perceraian di Mahkamah Syar’iyah Jantho tahun 2019- 2021 karena di kurun waktu tersebut terjadi peningkatan kasus perceraian. Tujuan kajian ini adalah untuk mengetahui sebab-sebab perceraian di MS Jantho tahun 2019-2021 dengankorelasinya dengan sebab-sebab perceraian dalam kitab Al-kāfi. Metode penelitian yang digunakan ialah Metode Kualitatif dengan pendekatan metode yuridis empiris yang bersumber pada data primer dan data sekunder. Hasil penelitian menunjukkan bahwa, sebab perceraian di Mahkamah Syar’iyah Jantho tahun 2019-2021 ada 7 klasifikasi yaitu: sebab perselisihan dan pertengkaran terus-menerus, meninggalkan salah satu pihak, ekonomi, KDRT, dihukum penjara, poligami, dan cacat badan. Korelasi sebab perceraian di Mahkamah Syar’iyah Jantho tahun 2019- 2021 dengan kitab Al-kāfi terdapat 2 kesamaan sebab perceraian yaitu cacat badan dan faktor ekonomi,
Copyright (c) 2025 Misran Ramli Ramli http://creativecommons.org/licenses/by-sa/4.0
ANALYSIS OF PRUDENTIAL PRINCIPLES IN FINANCING FEASIBILITY ASSESSMENT FOR MICRO ENTREPRENEURS
This study examines the implementation of prudential principles in the financing feasibility assessment for MSMEs at BPRS Taman Indah Darussalam. The research is based on the increasing trend of Non Performing Financing (NPF), which rose from 0,06% in 2021 to 1,11% in 2024. Although this figure remains below the threshold set by OJK (5%), it reflects a growing risk that deserves critical attention. This study adopts a normative empirical approach using descriptive qualitative methods, combining primary data from in depth interviews and field observations with secondary data from internal documentation and legal literature. The finding reveal that BPRS Taman Indah Darussalam applies the 5C framework (Character, Capacity, Capital, Collateral, Condition of Economy) as the foundation for assessing financing feasibility. The implementation of prudential principles is supported by a layered organizational structure involving the Risk Management Unit, Financing Committee, and a four eyes principle system. However, field implementation still ecnounters challenges such as the lack of an early warning system, reliance on manual assessment, and difficulties in evaluating MSMEs lacking formal financing records. The study concludes that while the 5C framework serves as a robust structure for risk assessment, its effectiveness needs to be enhanced through the intergration of analytical technology, strengthening of real time monitoring systems, and development of assessment models that are more adaptive to the dynamic nature of the MSMEs segment.
Copyright (c) 2025 Muhammad Alfi Syahri, Prof. Dr. H. Muhammad Maulana, M.A, Riadhus Sholihin, S.Sy., M.H. http://creativecommons.org/licenses/by-sa/4.0
Implications of Appointing Acting Regional Heads (Pj) for Democracy in Indonesia from the Perspective of Maslahah Mursalah
2024 will be a political year in Indonesia. There will be general elections and local elections that year. Not only is it seen as a democratic party, but behind that many problems have arisen, such as the term of office of the definitive regional head ends in 2022, this causes a power vacuum and will be filled by elected officials from the central government who are referred to as temporary. The direct election has the potential to be violated. The approach of research in this research are statute approach and conceptual approach. This research is descriptive-analytic. The data collection technique used in this study is a qualitative data analysis technique. This research uses the theory of democracy and maslahah mursalah. The result of the research shows that the acting regional heads have implications for the quality of democracy in Indonesia, because in practice the acting regional heads are not democratic, where there is no community participation in the recruitment process and a lack of the legitimacy of acting regional heads because they only have legal legitimacy. Then in Maslahah Murslah's view, acting regional heads have benefits and harms, but the harms are bigger.
Legal Education on Inheritance Law for Family Conflict Mitigation
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.
Copyright (c) 2025 Syahid Hidayatulloh SAG
Restorative Justice For Perpetrators Of Crimes (Jarīmah) In The Perspective Of Islamic Law
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
Restorative Justice – Jarimah – Islamic Law
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
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.
Analysis Of Aceh Bnnp’s Communication Strategy As Strengthening The P4gn Program From A Maqashid Sharia Perspective
The problem of narcotics abuse and illicit trafficking is one of the most serious problems and continues to grab the attention of the community. In carrying out its duties, BNN requires the support and active role of all components of society, which when viewed more deeply in the Law, the community can support the implementation of BNN's duties, one of which is by becoming a P4GN activist. The abuse and illicit trafficking of narcotics and narcotics precursors (P4GN) as mandated in Law Number 35 of 2009 concerning Narcotics in Article 104 explains that "The community has the widest possible opportunity to participate in assisting the prevention and eradication of abuse and illicit trafficking of narcotics and narcotics precursors". This research aims to see how the influence of communication strategies as a means of strengthening the P4GN program, maqashid sharia review of the influence of communication strategies as a means of strengthening the P4GN program. In this study the authors used qualitative research methods with a field research approach. The results of the research obtained are, first, knowing how far the effectiveness of the communication strategy carried out by the Aceh Provincial BNN as a strengthening of the P4GN program and second, knowing how the maqashid sharia review of the strategies used by the Aceh Provincial BNN in terms of realizing the P4GN program.
Copyright (c) 2025 Fadhillah Ananda Lubis
Judge's Consideration In Deciding The Amount Of Child -Deported Child Caring Costs In Decision Number 266/PDT.G/2023/MS.BNA AND 267/PDT.G/2023/MS.BNA
Children have the right to get a living after the divorce from their parents, but the Marriage Law does not determine the amount. As a result, the panel of judges in decision Number 266/Pdt.G/2023/MS.Bna determined Rp. 1,000,000 and in decision Number 267/Pdt.G/2023/MS.Bna the amount was Rp. 1,500,000. This study aims to analyze the basis for the judge's considerations in determining the amount of post-divorce child support and a juridical review of the two decisions. This research includes juridical research. The primary legal material is the Marriage Law, decision Number 266/Pdt.G/2023/MS.Bna and decision Number 267/Pdt.G/2023/MS.Bna. data analysis was carried out qualitatively based on primary legal materials and secondary legal materials. The results of the study show that the judge's consideration in determining the amount of post-divorce child rearing costs is based on the father's ability. Father's ability is obtained based on the witnesses presented to the trial. In addition, the basis for the judge's consideration was based on the petitum of the plaintiff's lawsuit which asked the panel of judges to order the defendant to pay post-divorce childcare costs. Legally, it is justifiable to provide post-divorce childcare costs that vary from one decision to another. Article 41 of the Marriage Law, Article 105 letter b and Article 156 KHI do not limit the amount of fees that must be given, so that the decision of the panel of judges giving the total cost of raising children post-divorce amounted to IDR 1,000,000 in decision Number 266/Pdt.G/2023/MS .Bna and decision Number 267/Pdt.G/2023/MS.Bna amounting to Rp. 1,500,000 is something that is justified according to law.
Implementation Of Criminal Decisions Against Children In Fighting The Law At Takengon District Court
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.
Copyright (c) 2025 Mudfar Alianur Alianur, Desi Rahmawati Rahmawati, Nurlaila Nurlaila nurlaila
Traditional Mandailing Natal Muslim Women's Clothing: An Analysis of Local Wisdom and the Spirit of Religious Practice According to Islamic Law
Abstract Clothing 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
Copyright (c) 2025 Dedisyah Putra, Muhadi Khalidi, Raja Ritonga
Effectiveness of Distribution of Baitul Mal Humanist Action Program (BaGAH) Aceh
This Study Examines The Effectiveness Of The Distribution Of Urgent Financial Assistance For Victims Of Natural Disasters, Humanitarian Disasters, Companions Of Sick People Who Are Referred Out Of Town, Travelers Who Run Out Of Supplies, Or Other Assistance That Is Emergency And Urgent. This Study Is Considered Important Because Every Financial Assistance That Is Disbursed Must Precede The Aceh Revenue And Expenditure Budget (APBA) So That All Activities That Use Zakat Funds Cannot Be Distributed Before The ABPA Is Approved. This Hampers The Distribution Of Urgent Financial Assistance. To Explain This, Two Questions Are Asked: (1) What Is The Description Of The Baitul Mal Aceh Humanist Action Program? (2) What Is The Effectiveness Of The Distribution Of Baitul Mal Aceh Humanist Action Program? The Method Used In This Writing Is Through A Qualitative Study Process Sourced From The Results Of Interviews With Baitul Mal Staff And Data On The Distribution Of Funds That Have Been Distributed By The Baitul Mal Institution Through The Bagah Program Which Has Been Implemented Since The Beginning Of The Bagah Service. The Data Were Analyzed Using The Theory Of Effectiveness And Explained With The Concept Of Baitul Mal And Its Relationship To Zakat, Regulations Related To The Management Of The Aceh Government Budget And The Theory Of Effectiveness. The Results Of The Study Show That Bagah Has Three Classifications In The Distribution Of Funds. First, Isidentil Asnaf (Poor) Namely Sick People And People Who Accompany Sick People. Second, Asnaf (Gharim) Namely Victims Of Natural Disasters Such As Floods. Third, Displaced People Are Included In The Asnaf Ibnu Sabil Namely Migrants From Aceh.
Copyright (c) 2025 adib wirdiyan, ali abubakar, Husni A.Jalil
Siyasah Tanfidziyah Review of The Feasibility And Safety Of Public Transportation Of Banda Aceh
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.
WHO HAS THE AUTHORITY TO DETERMINE THE TERM OF OFFICE FOR THE LEADERSHIP OF THE KPK (KOMISI PEMBERANTASAN KORUPSI)?
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.