Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial
type: channel
description: 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 : Muhammad Habibi, MA Publisher : Universitas Islam Negeri Ar-Raniry 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
publisher: Universitas Islam Negeri Ar-Raniry
language: en
publication name: Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial
issn: 2088-9712
items: JURIDICAL ANALYSIS OF TRANSACTION FRAUD CRIME ONLINE
items: A COMPARATIVE LEGAL ANALYSIS OF DEEPFAKE TRANSPARENCY:
items: LEGAL PROTECTION FOR INVESTORS IN NON-MULTIPLE VOTING SHARES
items: OBSTACLES TO SIMPLE PROOF IN THE IMPLEMENTATION OF ACTIO PAULIANA
items: LEGAL ANALYSIS OF CRIMINAL ACTS OF EMBEZZLEMENT OF FIDUCIARY GUARANTEES BY DEBTORS IN CONSUMER FINANCING AGREEMENTS
items: JURIDICAL ANALYSIS ON THE URGENCY OF REGULATING ENVIRONMENTAL
items: THE ROLE OF THE IMAM KHATIB AS A MEDIATOR BETWEEN NUSYUZ AND SYIQAQ
items: OPPORTUNITIES AND CHALLENGES OF SANGER
items: THE ROLE OF WILAYATUL HISBAH IN PREVENTION OF KHAMR
items: MEASURING BETWEEN TRADITION, LAW, AND MASLAHAT VALUE:
items: REASONS FOR DIVORCE IN THE JANTHO SHARIA COURT AND THEIR CORRELATION
items: ANALYSIS OF PRUDENTIAL PRINCIPLES IN FINANCING FEASIBILITY ASSESSMENT FOR MICRO ENTREPRENEURS
items: Implications of Appointing Acting Regional Heads (Pj) for Democracy in Indonesia from the Perspective of Maslahah Mursalah
items: Legal Education on Inheritance Law for Family Conflict Mitigation
items: Restorative Justice For Perpetrators Of Crimes (Jarīmah) In The Perspective Of Islamic Law
items: 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
items: Analysis Of Aceh Bnnp’s Communication Strategy As Strengthening The P4gn Program From A Maqashid Sharia Perspective
items: 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
items: Implementation Of Criminal Decisions Against Children In Fighting The Law At Takengon District Court
items: Traditional Mandailing Natal Muslim Women's Clothing: An Analysis of Local Wisdom and the Spirit of Religious Practice According to Islamic Law
items: Effectiveness of Distribution of Baitul Mal Humanist Action Program (BaGAH) Aceh
items: Siyasah Tanfidziyah Review of The Feasibility And Safety Of Public Transportation Of Banda Aceh
items: WHO HAS THE AUTHORITY TO DETERMINE THE TERM OF OFFICE FOR THE LEADERSHIP OF THE KPK (KOMISI PEMBERANTASAN KORUPSI)?
items: 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
items: INTERFAITH MARRIAGE. A DICHOTOMOUS PERSPECTIVE ON NORMATIVE AND LEGAL PRACTICAL DIMENSIONS
items: THE ROLE OF THE PAMONG PRAJA POLICE UNIT IN IMPLEMENTING ORDER IN THE KARAWANG PUBLIC SPACE
items: ANALYSIS OF JUDGES' CONSIDERATIONS IN CRIMINAL DECISIONS ON RAPE OF MINORS
items: https://jurnal.ar-raniry.ac.id/index.php/dustur/article/view/25733
items: FACTOR ANALYSIS OF NON-MUSLIM CUSTOMERS IN SAVING AT SHARIA BANK OF INDONESIA BANDA ACEH BRANCH
items: CRIMINAL LAW AND HUMAN RIGHTS: A STUDY ON THE PRINCIPLE OF HUMAN RIGHTS PROTECTION IN ACEH QANUN NO. 6 OF 2014 ON JINAYAT LAW

JURIDICAL ANALYSIS OF TRANSACTION FRAUD CRIME ONLINE
type: item
description: 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.
subject: Articles
  topic: section
subject: penipuan online
  topic: keywords
subject: transaksi elektronik
  topic: keywords
subject: KUHP
  topic: keywords
subject: UU ITE
  topic: keywords
subject: Lampung Utara
  topic: keywords
creator: Resa Septia
creator: Nisa Fadhilah
rights: Copyright (c) 2025 Resa Septia, Nisa Fadhilah http://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-15
publication date: 2025-12-15
starting page: 309
ending page: 322
doi: 10.22373/het6dd63

A COMPARATIVE LEGAL ANALYSIS OF DEEPFAKE TRANSPARENCY:
type: item
description: 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
subject: Articles
  topic: section
subject: Deepfake
  topic: keywords
subject: AI Transparency
  topic: keywords
subject: Legal Vacuum
  topic: keywords
subject: Comparative Law
  topic: keywords
creator: Marvell Limiardo
creator: Lewiandy
rights: Copyright (c) 2025 Marvell Limiardo, Lewiandy http://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-15
publication date: 2025-12-15
starting page: 175
ending page: 189
doi: 10.22373/3fmba124

LEGAL PROTECTION FOR INVESTORS IN NON-MULTIPLE VOTING SHARES
type: item
description: 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
subject: Articles
  topic: section
subject: Multiple Voting Shares
  topic: keywords
subject: POJK 22/2021
  topic: keywords
subject: Chapter 8A of The Main Board Listing Rule
  topic: keywords
subject: IDX
  topic: keywords
subject: HKEX
  topic: keywords
creator: Olga Abigail Sugama
creator: Ariawan Gunadi
rights: Copyright (c) 2025 Olga Abigail Sugama, Ariawan Gunadi http://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-16
publication date: 2025-12-16
starting page: 190
ending page: 204
doi: 10.22373/g20dtg67

OBSTACLES TO SIMPLE PROOF IN THE IMPLEMENTATION OF ACTIO PAULIANA
type: item
description: 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
subject: Articles
  topic: section
subject: Actio Pauliana
  topic: keywords
subject: Bankruptcy
  topic: keywords
subject: Simple Evidence
  topic: keywords
creator: Roland Nofenick Gunther Henlindra
creator: Gunardi Lie
rights: Copyright (c) 2025 Roland Nofenick Gunther Henlindra, Gunardi Lie http://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-15
publication date: 2025-12-15
starting page: 205
ending page: 215
doi: 10.22373/mg3y6282

LEGAL ANALYSIS OF CRIMINAL ACTS OF EMBEZZLEMENT OF FIDUCIARY GUARANTEES BY DEBTORS IN CONSUMER FINANCING AGREEMENTS
type: item
description: 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.
subject: Articles
  topic: section
subject: Creditor
  topic: keywords
subject: Debitor
  topic: keywords
subject: Embezzlement
  topic: keywords
subject: Fiduciary Security
  topic: keywords
subject: Law Enforcement
  topic: keywords
creator: Francisca Andriani Putro
creator: R. Rahaditya
rights: Copyright (c) 2025 Francisca Andriani Putro, R. Rahaditya http://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-15
publication date: 2025-12-15
starting page: 231
ending page: 246
doi: 10.22373/35495147

JURIDICAL ANALYSIS ON THE URGENCY OF REGULATING ENVIRONMENTAL
type: item
description: 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.
subject: Articles
  topic: section
subject: Greenwashing; Environmental Claims; Consumer Protection; Legal Reform; ESG
  topic: keywords
creator: Agustinus Tobias Adikavi
rights: Copyright (c) 2025 Agustinus Tobias Adikavi http://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-15
publication date: 2025-12-15
starting page: 246
ending page: 261
doi: 10.22373/zj4hd539

THE ROLE OF THE IMAM KHATIB AS A MEDIATOR BETWEEN NUSYUZ AND SYIQAQ
type: item
description: 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.
subject: Articles
  topic: section
subject: Imam Khatib
  topic: keywords
subject: Nusyuz and Syiqaq
  topic: keywords
subject: Mediation
  topic: keywords
creator: Ahmad Mafaid mafaid
rights: Copyright (c) 2025 Ahmad Mafaid mafaid http://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-15
publication date: 2025-12-15
starting page: 262
ending page: 278
doi: 10.22373/hknz9053

OPPORTUNITIES AND CHALLENGES OF SANGER
type: item
description: 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.
subject: Articles
  topic: section
subject: Sanger, Gastrodiplomacy, Aceh, Coffee
  topic: keywords
creator: Mumtazinur Mumtazinur
creator: Rispalman Rispalman
rights: Copyright (c) 2025 Rispalman Rispalman, Mumtazinur http://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-15
publication date: 2025-12-15
starting page: 279
ending page: 297
doi: 10.22373/0wnzka60

THE ROLE OF WILAYATUL HISBAH IN PREVENTION OF KHAMR
type: item
description: 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.
subject: Articles
  topic: section
creator: syuri anggrahimi syuri anggrahimi
rights: Copyright (c) 2025 syuri anggrahimi syuri anggrahimi http://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-15
publication date: 2025-12-15
starting page: 298
ending page: 308
doi: 10.22373/tyhg4y88

MEASURING BETWEEN TRADITION, LAW, AND MASLAHAT VALUE:
type: item
description: 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.
subject: Articles
  topic: section
subject: Divorce.
  topic: keywords
subject: Islamic law, Mandailing Custom, Maslahat
  topic: keywords
subject: Islamic law,
  topic: keywords
subject: Mandailing Custom,
  topic: keywords
subject: Maslahat
  topic: keywords
creator: Asrul Hamid
creator: Andri Muda Nst
creator: Raja Ritonga
creator: Zuhdi Hsb
creator: Ilham Ramadan Siregar
rights: Copyright (c) 2025 Asrul Hamid, Andri Muda Nst, Raja Ritonga, Zuhdi Hsb, Ilham Ramadan Siregar http://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-15
publication date: 2025-12-15
starting page: 216
ending page: 230
doi: 10.22373/177j1g12

REASONS FOR DIVORCE IN THE JANTHO SHARIA COURT AND THEIR CORRELATION
type: item
description: 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,
subject: Articles
  topic: section
creator: Misran Ramli Ramli
rights: Copyright (c) 2025 Misran Ramli Ramli http://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-15
publication date: 2025-12-15
starting page: 323
ending page: 335
doi: 10.22373/tjwghd89

ANALYSIS OF PRUDENTIAL PRINCIPLES IN FINANCING FEASIBILITY ASSESSMENT FOR MICRO ENTREPRENEURS
type: item
description: 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.
subject: Articles
  topic: section
subject: Prudential Principle,
  topic: keywords
subject: Financing Feasibility Assessment,
  topic: keywords
subject: MSMEs
  topic: keywords
subject: BPRS
  topic: keywords
subject: Risk Management
  topic: keywords
creator: Muhammad Alfi Syahri
creator: Muhammad Maulana
creator: Riadhus Sholihin
rights: 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
date: 2025-12-15
publication date: 2025-12-15
starting page: 151
ending page: 175
doi: 10.22373/06g46406

Implications of Appointing Acting Regional Heads (Pj) for Democracy in Indonesia from the Perspective of Maslahah Mursalah
type: item
description: 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.
subject: Articles
  topic: section
subject: Temporary Regional Head
  topic: keywords
subject: Democracy
  topic: keywords
subject: Maslahah Mursalah
  topic: keywords
subject: Constitutional Law
  topic: subjects
subject: Legislation
  topic: subjects
subject: Islamic Law
  topic: subjects
subject: Constitutional Law
  topic: disciplines
subject: Legislation
  topic: disciplines
subject: Islamic Law
  topic: disciplines
creator: M. Khairu Mamnun
creator: Adhitiya Augusta Triputra
rights: Copyright (c) 2025 M. Khairu Mamnun
date: 2025-06-01
publication date: 2025-06-01
starting page: 90
ending page: 109
doi: 10.22373/dusturiyah.v15i1.22899

Legal Education on Inheritance Law for Family Conflict Mitigation
type: item
description: 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.
subject: Articles
  topic: section
subject: Edukasi
  topic: keywords
subject: Hukum Waris
  topic: keywords
subject: Mitigasi
  topic: keywords
subject: Konflik Keluarga.
  topic: keywords
subject: Islamic Family Law
  topic: subjects
subject: Islamic Law
  topic: disciplines
creator: Syahid Hidayatulloh SAG
creator: Anisah Budiwati
rights: Copyright (c) 2025 Syahid Hidayatulloh SAG
date: 2025-06-01
publication date: 2025-06-01
starting page: 72
ending page: 89
doi: 10.22373/dusturiyah.v15i1.29200

Restorative Justice For Perpetrators Of Crimes (Jarīmah) In The Perspective Of Islamic Law
type: item
description: 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 requireme…
subject: Articles
  topic: section
subject: Restorative Justice – Jarimah – Islamic Law
  topic: keywords
subject: islamic law
  topic: disciplines
subject: legislation
  topic: disciplines
creator: Mutiara Fahmi
rights: Copyright (c) 2025 mutiara fahmi razali
date: 2025-06-01
publication date: 2025-06-01
starting page: 137
ending page: 151
doi: 10.22373/dusturiyah.v15i1.26956

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
type: item
description: 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.
subject: Articles
  topic: section
subject: Concept
  topic: keywords
subject: Sexual Harassment
  topic: keywords
subject: Child Protection
  topic: keywords
subject: Qanun
  topic: keywords
subject: Fiqh
  topic: keywords
subject: Islamic Criminal Law
  topic: subjects
subject: History of Islamic Law
  topic: subjects
subject: Comparative Law
  topic: subjects
subject: Islamic Law
  topic: disciplines
subject: Legislation
  topic: disciplines
subject: Sosial Science
  topic: disciplines
creator: Setia Miko
rights: Copyright (c) 2025 Setia Miko
date: 2025-06-01
publication date: 2025-06-01
starting page: 25
ending page: 39
doi: 10.22373/dusturiyah.v15i1.29534

Analysis Of Aceh Bnnp’s Communication Strategy As Strengthening The P4gn Program From A Maqashid Sharia Perspective
type: item
description: 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.
subject: Articles
  topic: section
subject: Kata Kunci
  topic: keywords
subject: Narkotika
  topic: keywords
subject: Strategi Komunikasi
  topic: keywords
subject: P4GN
  topic: keywords
subject: dan Maqasid Syariah.
  topic: keywords
subject: hukum islam dan perundang-undangan
  topic: subjects
subject: perundang-undangan
  topic: disciplines
creator: Fadhillah Ananda
creator: Hasnul Arifin Melayu
creator: Riza Afrian Mustaqim
rights: Copyright (c) 2025 Fadhillah Ananda Lubis
date: 2025-06-01
publication date: 2025-06-01
starting page: 01
ending page: 14
doi: 10.22373/dusturiyah.v15i1.23153

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
type: item
description: 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.
subject: Articles
  topic: section
subject: Child Care Costs
  topic: keywords
subject: Decision
  topic: keywords
subject: Judge
  topic: keywords
subject: Sharia Court
  topic: keywords
creator: Zahrul Fatahillah
rights: Copyright (c) 2025 Zahrul Fatahillah
date: 2025-06-01
publication date: 2025-06-01
starting page: 110
ending page: 122
doi: 10.22373/dusturiyah.v15i1.23176

Implementation Of Criminal Decisions Against Children In Fighting The Law At Takengon District Court
type: item
description: 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.
subject: Articles
  topic: section
subject: Decision
  topic: keywords
subject: Juvenile Criminal Justice
  topic: keywords
subject: Legislation
  topic: subjects
subject: Legislation
  topic: disciplines
creator: Mudfar Alianur
creator: Nurlaila Nurlaila
creator: Maria Sanola
creator: Desi Rahmawati
rights: Copyright (c) 2025 Mudfar Alianur Alianur, Desi Rahmawati Rahmawati, Nurlaila Nurlaila nurlaila
date: 2025-06-01
publication date: 2025-06-01
starting page: 15
ending page: 24
doi: 10.22373/dusturiyah.v15i1.26793

Traditional Mandailing Natal Muslim Women's Clothing: An Analysis of Local Wisdom and the Spirit of Religious Practice According to Islamic Law
type: item
description: 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
subject: Articles
  topic: section
subject: Clothing
  topic: keywords
subject: Muslim Women
  topic: keywords
subject: Customs
  topic: keywords
subject: Islamic Law
  topic: keywords
creator: Dedisyah Putra
creator: Muhadi Khalidi
creator: Raja Ritonga
rights: Copyright (c) 2025 Dedisyah Putra, Muhadi Khalidi, Raja Ritonga
date: 2025-06-01
publication date: 2025-06-01
starting page: 40
ending page: 55
doi: 10.22373/dusturiyah.v15i1.26287

Effectiveness of Distribution of Baitul Mal Humanist Action Program (BaGAH) Aceh
type: item
description: 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.
subject: Articles
  topic: section
subject: Hukum Tata Negara
  topic: subjects
creator: Adib Wirdiyan
creator: Ali Abubakar
creator: Husni A.Jalil
rights: Copyright (c) 2025 adib wirdiyan, ali abubakar, Husni A.Jalil
date: 2025-06-01
publication date: 2025-06-01
starting page: 56
ending page: 71
doi: 10.22373/dusturiyah.v15i1.25575

Siyasah Tanfidziyah Review of The Feasibility And Safety Of Public Transportation Of Banda Aceh
type: item
description: 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.
subject: Articles
  topic: section
subject: Siyasah Tanfidziyah
  topic: keywords
subject: Kelayakan dan Keamanan
  topic: keywords
subject: Angkutan Umum
  topic: keywords
subject: Perundang undangan
  topic: subjects
subject: Hukum Islam
  topic: disciplines
creator: Intan Nurhaliza
creator: Emk Alidar
creator: Azmil Umur
rights: Copyright (c) 2025 Intan Nurhaliza
date: 2025-06-01
publication date: 2025-06-01
starting page: 123
ending page: 136
doi: 10.22373/dusturiyah.v15i1.25587

WHO HAS THE AUTHORITY TO DETERMINE THE TERM OF OFFICE FOR THE LEADERSHIP OF THE KPK (KOMISI PEMBERANTASAN KORUPSI)?
type: item
description: 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.
subject: Articles
  topic: section
subject: Kewenangan
  topic: keywords
subject: Masa Jabatan
  topic: keywords
subject: Tindak Lanjut Putusan
  topic: keywords
subject: legislation
  topic: subjects
subject: legislation
  topic: disciplines
creator: Shinta Nabilla
creator: Kamaruzzaman Bustamam Ahmad
creator: Ihdi Karim Makinara
rights: Copyright (c) 2024 Shinta Nabilla
date: 2024-12-03
publication date: 2024-12-03
starting page: 212
ending page: 228
doi: 10.22373/dusturiyah.v14i2.23999

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
type: item
description: 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.
subject: Articles
  topic: section
subject: Kelayakan Penyaluran
  topic: keywords
subject: KUR
  topic: keywords
subject: prudential banking
  topic: keywords
subject: Pendapatan
  topic: keywords
subject: Profitabilitas
  topic: keywords
subject: UMKM
  topic: keywords
subject: Sharia Economic Law
  topic: subjects
subject: law and sharia
  topic: disciplines
creator: Khaliza Adzkia
creator: Khairani Mukdin
creator: Riadhus Sholihin
rights: Copyright (c) 2024 Khaliza Adzkia
date: 2024-12-03
publication date: 2024-12-03
starting page: 229
ending page: 248
doi: 10.22373/dusturiyah.v14i2.25589

INTERFAITH MARRIAGE. A DICHOTOMOUS PERSPECTIVE ON NORMATIVE AND LEGAL PRACTICAL DIMENSIONS
type: item
description: The legal perspective on interfaith marriage in Indonesia, particularly between Muslims and adherents of other religions, is predominantly influenced by Islamic legal norms. The legal regulations have been established in Articles 40 and 44 of the Compilation of Islamic Law. Fundamentally, these regulations prohibit marriage between Muslims and non-Muslim religious adherents. However, the legal construction in Indonesia tends to be non-binding, as opportunities for interfaith marriage practices persist. The Marriage Law Number 1 of 1974, which serves as the foundational legal framework for marriage in Indonesia, has not explicitly prescribed either permission or prohibition. This is substantiated by the prevalence of marriage practices between Muslim men or women and individuals from other religious backgrounds. The dichotomy between legal practices and legal norms consequently leads to a lack of legal certainty regarding its regulation in Indonesia. Therefore, this manuscript comprehensively elucidates interfaith marriage from Islamic legal perspectives, positive legal frameworks, and its practical legal implementation within the Indonesian context.
subject: Articles
  topic: section
subject: Interfaith Marriage
  topic: keywords
subject: Legal Dechotomy
  topic: keywords
subject: Religious Normative Regulation
  topic: keywords
subject: Islamic Family Law
  topic: subjects
subject: islamic Law. Islamic Family Law
  topic: disciplines
creator: Agustin Hanapi
creator: Muhammad Husnul
creator: Edi Yuhermansyah
rights: Copyright (c) 2024 Agustin Hanapi, Muhammad Husnul, Edy Yuhermansyah
date: 2024-12-03
publication date: 2024-12-03
starting page: 300
ending page: 313
doi: 10.22373/dusturiyah.v14i2.25255

THE ROLE OF THE PAMONG PRAJA POLICE UNIT IN IMPLEMENTING ORDER IN THE KARAWANG PUBLIC SPACE
type: item
description: 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.
subject: Articles
  topic: section
subject: Civil Service Police Unit
  topic: keywords
subject: Public Facilities
  topic: keywords
subject: Public Order.
  topic: keywords
creator: Pebriyani Pebriyani
creator: Sartika Dewi
creator: Muhamad Abas
rights: Copyright (c) 2024 Pebriyani Pebriyani, Sartika Dewi, Muhamad Abas
date: 2024-12-03
publication date: 2024-12-03
starting page: 249
ending page: 265
doi: 10.22373/dusturiyah.v14i2.25648

ANALYSIS OF JUDGES' CONSIDERATIONS IN CRIMINAL DECISIONS ON RAPE OF MINORS
type: item
description: 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.
subject: Articles
  topic: section
subject: Child
  topic: keywords
subject: Crime
  topic: keywords
subject: Sexual.
  topic: keywords
subject: Criminal law
  topic: disciplines
creator: Dince Aisa Kodai
creator: Leni Dwi Nurmala
rights: Copyright (c) 2024 Dince Aisa Kodai, Leni Dwi Nurmala
date: 2024-12-03
publication date: 2024-12-03
starting page: 282
ending page: 299
doi: 10.22373/dusturiyah.v14i2.26228

https://jurnal.ar-raniry.ac.id/index.php/dustur/article/view/25733
type: item
title: 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
description: 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
subject: Articles
  topic: section
subject: Effectiveness
  topic: keywords
subject: Distribution
  topic: keywords
subject: Liquified Petroleum Gas
  topic: keywords
creator: Ata Ardiansyah
creator: Yuniar Rahmatiar
creator: Muhamad Abas
rights: Copyright (c) 2024 Ata Ardiansyah, Yuniar Rahmatiar, Yuniar Rahmatiar, Muhamad Abas, Muhamad Abas
date: 2024-12-03
publication date: 2024-12-03
starting page: 266
ending page: 281
doi: 10.22373/dusturiyah.v14i2.25733

FACTOR ANALYSIS OF NON-MUSLIM CUSTOMERS IN SAVING AT SHARIA BANK OF INDONESIA BANDA ACEH BRANCH
type: item
description: This research aims to analyze the factors that influence non-Muslim customers interest in saving at the Bank Syariah Indonesia BandaAceh Branch. With a background as a province with a majority Muslim population and the implementation of sharia law, Aceh provides its own challenges for non-Muslim customers in choosing financial institutions. This research covers factors such as regulatory policies, social norms, and the availability of Islamic banking services that influence the decision of non-Muslim customers to choose Bank Syariah Indonesia. The research method used is qualitative through the preparation and distribution of questionnaires distributed to non-Muslims as customers of Bank Syariah Indonesia. The results of this study there are several factors that cause non-Muslim customers to choose Bank Syariah Indonesia over other Islamic banks, namely non-Muslim customers in Banda Aceh tend to prefer Bank Syariah Indonesia (BSI) because of the affordability of location, attractive product promotions, quality service, and aspects forced by government regulations. These factors influence the decision of non-Muslim customers in choosing BSI as the first choice for their banking needs in the area.
subject: Articles
  topic: section
subject: BSI
  topic: keywords
subject: Faktor
  topic: keywords
subject: Non-Muslim
  topic: keywords
subject: Hukum Ekonomi Syariah
  topic: subjects
subject: Hukum Islam
  topic: disciplines
creator: Khairatun Hisan
creator: Hasnul Arifin Melayu
creator: Rahmat Efendy Al-Amin Siregar
rights: Copyright (c) 2024 Khairatun Hisan
date: 2024-12-03
publication date: 2024-12-03
starting page: 178
ending page: 196
doi: 10.22373/dusturiyah.v14i2.23180

CRIMINAL LAW AND HUMAN RIGHTS: A STUDY ON THE PRINCIPLE OF HUMAN RIGHTS PROTECTION IN ACEH QANUN NO. 6 OF 2014 ON JINAYAT LAW
type: item
description: 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.
subject: Articles
  topic: section
subject: Criminal Law
  topic: keywords
subject: Islamic Criminal Law
  topic: keywords
subject: Qanun
  topic: keywords
subject: Jinayat
  topic: keywords
subject: Human Rights
  topic: keywords
creator: Khairil Akbar
creator: Sumardi Efendi
rights: Copyright (c) 2024 Khairil Akbar, Sumardi Efendi
date: 2024-12-03
publication date: 2024-12-03
starting page: 197
ending page: 211
doi: 10.22373/dusturiyah.v14i2.25541