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All Journal JURNAL DOKTRIN DE LEGA LATA: Jurnal Ilmu Hukum Jurnal Sains Sosio Humaniora International Conference of ASEAN Prespective and Policy (ICAP) Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences International Journal of Law, Environment, and Natural Resources SASI
Rafianti, Fitri
Universitas Pembangunan Panca Budi Medan
Religion Arts Humanities Economics, Econometrics & Finance Education Energy Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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IMPLEMENTATION OF ISLAMIC LAW ON THREE COUNTRIES (STUDY OF COMPARISON ON INDONESIA, MALAYSIA, AND BRUNAI DARUSALAM) Fitri Rafianti
International Conference of ASEAN Prespective and Policy (ICAP) Vol 1 No 1 (2018): INTERNATIONAL CONFERENCE OF ASEAN PERSPECTIVE AND POLICY (ICAP)
Publisher : International Conference of ASEAN Prespective and Policy (ICAP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (145.036 KB)

Abstract

The application of Islamic law to a heterogeneous country is very difficult, especially if the country has a law or a law which is considered able to cover all religious believers in the country, in this case the comparative approach of law is used as a method of research and science His age is relatively young, because it only grew rapidly in the late XIX century or early XX century. Comparison is one of the most important sources of knowledge. Comparison can be said as a technique, discipline, implementation and method in which the values of human life, relationships and activities are known and evaluated. but in terms of Islamic law it is notonly referred to as a theory, but is a principle that must be enforced. Conceptually there are principles of Islamic law which include the arrangement and application of Islamic law for Muslims. Indonesia, Malaysia and Brunei Darussalam are countries that are known as the majority of the Muslim population and as a country that is known for the contribution of thought and application of Islamic Law to its system of government. only, because it is equally known that Indonesia, Malaysia, Brunei Darussalam are former colonies from the Netherlands and the United Kingdom. and the process of entry and development of Islamic teachings is through trade, and the most important of these three countries adheres to the government system and several regions still rooted in the royal system, Indonesia, which was formerly under Dutch colonization which is still trying to reduce Islamic law until a number of laws were formed which played a role in Islamic law, Malaysia which with the royal system and the ministry was in the grip of the British. the adoption of several Islamic laws contained in the authority of the religious council for the 8 legal systems contained in the rules of Islamic law, while the State of Brunei Darussalam which has implemented Islamic Law through 47 articles in the rules of the state and there are 29 articles containing elements of Islam.
Dynamics of Application of Halal Certification on Medicine Products in Indonesia Asmuni Asmuni; M. Jamil; Fitri Rafianti
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 3, No 4 (2020): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v3i4.1314

Abstract

Products are "goods and / or services related to food, beverages, drugs, cosmetics, chemical products, biological products, genetically engineered products, as well as used goods that are used, used or utilized by the public", while the halal certificate is a certificate issued by the Central or Provincial MUI regarding the case of a food product, foodstuff, beverage and medicine and cosmetics produced by the company after being examined and declared halal by an institution authorized to issue a halal product certification. In Article 4 of Law No. 33 of 2014 concerning the guarantee of halal products it states that "Products that enter, circulate and are traded in the territory of Indonesia must be certified halal". Normatively, the article clearly stipulates that drugs that enter, circulate and are traded in the territory of Indonesia must be guaranteed halal. However, the halal certification process for medicines in Indonesia is waiting for a long time due to various dynamics, this is the content of researchers seeing the gap between Law Number 33 of 2014 and the current reality, we should be able to reflect on other countries as well. Which 
Mapping Community Land in North Sumatra through the Implementation of Agrarian Reform Onny Medaline; Fitri Rafianti; Rahmad Sembiring
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 3 (2021): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i3.2654

Abstract

Agrarian Reform is an operation to reorganize agrarian structures that experience inequality to create a new, more just structure. The President as the highest leader of the state is a mandatory implementer of agrarian reform to systematically through his authority carry out conflict resolution and overhaul the structure of agrarian inequality. This is directly stated in the constitution of our country, the 1945 Constitution, and the Basic Agrarian Law no. 5 of 1960. This mandate was strengthened through MPR Decree No. IX of 2001 concerning Agrarian Reform and Natural Resources. Presidential Regulation Number 86 of 2018 concerning Agrarian Reform emphasizes asset management, access arrangement, and land dispute resolution. The agrarian reform movement is concerned, that the agenda for implementing agrarian reform will be neglected, there will be more lip service and ceremonial without touching the root of the real agrarian problem, even in the form of a political promise by the government to the community. And it has great potential to further deviate from the accuracy of the objects and subjects of Agrarian Reform that are not my main purpose. The Presidential Regulation on Agrarian Reform Number 86 of 2018 is considered a political breakthrough. It is strongly suspected that the suitability of the object (land) and the subject (recipient) of land redistribution is wrong and does not match the objectives of agrarian reform. Including the absence of supporting programs after the redistribution is carried out, as a condition of Agrarian Reform.
ADOPSI DALAM PERSFEKTIF HUKUM ISLAM Fitri Rafianti
JURNAL DOKTRIN Vol 3, No 6 (2015): JURNAL DOKTRIN - ADOPSI DALAM PERSFEKTIF HUKUM ISLAM
Publisher : JURNAL DOKTRIN

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Abstract

Pengangkatan anak atau yang lebih dikenal dengan istilah "Adopsi" yang dimaksud adalah mengambil anak orang lain menjadi anak sendiri dengan melalu suatu dilakukan demi mendapatkan kepastian hukum mengenai perubahan status dari anak angkat tersebut kedalam praktek kehidupan masyarakat karena tidak mempunyai anak karena tidak mempunyai anak laki-laki atau perempuan.
Pemberian Izin Poligami Oleh Pengadilan Agama Di Indonesia Fitri Rafianti
DE LEGA LATA: JURNAL ILMU HUKUM Vol 4, No 1 (2019): Januari - Juni
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (471.776 KB) | DOI: 10.30596/dll.v4i1.3167

Abstract

Polygamy is an inexhaustible problem for discussing the rise of classical fiqh law that seems to give an opportunity to a husband in polygamy, shifts to the rules and laws of state products that not only limit and complicate, but even prohibit and categorize a problem around family law as an illegal act. On the other hand, there is an arbitrary understanding of polygamy in Islamic Family Law in Indonesia. The nature of polygamy that develops in society that does not benefit women, therefore, from the issue of polygamy and its relation to institutionalization of law it becomes important to work out that individual civilization rules have entered the realm of public law, as one of the images dynamized in Islamic law This research is a normative juridical approach that is carried out by analyzing the problems that exist in this study through approaches to legal principles, as well as referring to legal norms contained in the laws and regulations relating to the title of this research.
Dinamika Pendampingan Manajemen Halal Bagi Usaha Mikro dan Kecil Melalui Program Self Declare Fitri Rafianti; Robi Krisna; Erwin Radityo
Jurnal Sains Sosio Humaniora Vol. 6 No. 1 (2022): Volume 6, Nomor 1, Juni 2022
Publisher : LPPM Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jssh.v6i1.19732

Abstract

Terbitnya Undang-Undang (UU) Nomor 33 Tahun 2014 Tentang Jaminan Produk Halal (JPH) merupakan sebuah langkah maju bagi Indonesia yang didominasi oleh penduduk beragama Islam.Sumatera Utara sebagai salah satu Provinsi yang memiliki potensi beraneka ragam UMKM dengan jumlah unit usaha di Indonesia. Berdasarkan data dari Dinas Koperasi dan UMKM Sumatera Utara (2021). Untuk jumlah UMKM di Sumut mencapai 2,8 juta jumlah UMKM yang terdaftar dan terverifikasi pada Dinas Koperasi dan UMKM hanya sebesar 380.249 unit usaha dimana 97% berada di daerah perkotaan. Sebagian besar UMK yang berada di Provinsi Sumatera Utara merupakan usaha kuliner.Selain itu, permasalahan lain yang berhubungan dengan implementasi UU no. 3 Tahun 2014 adalah bahwa produk yang dijual belum memiliki sertifikasi halal, belum adanya penyelia halal dari UMK, belum adanya pengetahuan tentang Manajemen Jaminan Halal dan proses sertifikasi halal itu sendiri. Dalam hal ini penulis meninjau terkait aturan pada 33 Tahun 2014 dan regulasi lainnya ditinjau dari keberlakuan maṣlahah. Metode penelitian yang penulis gunakan dalam penelitian ini menggunakan pendekatan hukum normatif dengan jenis penelitian deskriptif analitis. Hasil dari penilitian ini bahwa konsepnkemaslahatan terkait kebijakan halal self declare bagi UMK telah sejalan dengan tujuan syar‟i dalam rangka mencapai kemaslahatan dan menghilangkan/menolak kemudharatan. Sehingga dalam penerapannya, peran pelaku usaha dalam rangka memberi kenyamanan, melindungi konsumen muslim khususnya, serta kekuatan komitmen para pembuat kebijakan dan lembaga terkait agar dapat diimplementasikan dengan sebaik-baiknya.
Nusyuz as the Cause of Domestic Violence: A Comparative Study of Islamic Law and Criminal Law Fitri Rafianti; M. Hary Angga Pratama Sinaga
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 1 (2023): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i1.45

Abstract

This article aims to explain the dynamics of Nusyuz as one of the reasons why domestic violence (KDRT) is allowed in the perspective of Islam, and further elaborates with a comparative study in the context of Criminal Law. This research uses a qualitative method with an approach to Islamic Law and Criminal Law in Indonesia. The data was obtained through in-depth exploration of regulations contained in the Qur'an, Hadith, laws, and other necessary legal sources through literature review and documentation. There are three main questions that this research seeks to answer: First, how is the legal regulation of Nusyuz in the context of Islamic Law; Second, how is the correlation between Nusyuz and domestic violence cases; Third, how is the settlement of Nusyuz cases related to domestic violence cases in the perspective of Criminal Law. This research shows that, first, the regulation of Nusyuz is very clearly stated through legal sources in the context of Islamic Law, but there are often misunderstandings in interpreting commandments, prohibitions, and choices of verses. Second, the correlation between Nusyuz and KDRT requires awareness of experiences of violence against women and close people in the household environment, although the phenomenon of violence against women is always identified with the nature of private space where the Nusyuz of husband and wife is a private space that, when known publicly, becomes a shame that must be hidden without considering the applicable legal provisions. Third, Nusyuz is often associated with cases of domestic violence if a wife who is nusyuz gives her husband various rights in treating her. Starting from the right to hit her, distance her, not provide her with good material and spiritual support, and finally the husband also has the right to divorce her. Of course, the wife remains the victim of exploitation, both physically, mentally, and sexually. This is exacerbated by the absence of clear rules in limiting the husband's rights, making it very possible for the husband to act arbitrarily in this matter. The solutions to prevent domestic violence include: First, understanding the obligations and responsibilities of both husband and wife in the household. Second, always being with the wife and inviting her to chat. Third, always saying good words and making her happy. Fourth, not hurting or hitting the wife in the face. The above things will not happen if the husband and wife understand their duties and responsibilities in the household and do not interpret verses as legal evidence for justifying domestic violence due to the inability to understand legal evidence that is sometimes only partially read.      
Dynamics of Halal Certification Application in Medicinal Products: Comparative Study of Islamic Law and Positive Law Fitri Rafianti; Asmuni Asmuni; Jamil Jamil
SASI Volume 29 Issue 2, June 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i2.1356

Abstract

Introduction: This article wants to explain the dynamics of halal certification and labeling in Indonesia in a review of positive law and Islamic law.Purposes of the Research: The research objective is to answer the dynamics of halal certification and labeling from the perspective of positive law and Islamic law.Methods of the Research: This research uses a qualitative method with a normative legal approach. Data is obtained through observations, in-depth interviews, literature reviews, and documentation.Results of the Research: This research shows that the implementation of halal certification according to Law Number 33 of 2014 on various products, including medication, cannot be separated from the role of political will and synergy among various parties. From the perspective of positive law, halal certification is a legal obligation, while from the perspective of Islamic law, halal certification is part of the obligation to ensure that products consumed by Muslims are guaranteed halal.
Co-Authors , Rahmad Sembiring Asmuni Asmuni Asmuni Asmuni Jamil Jamil M. Hary Angga Pratama Sinaga M. Jamil MOCHAMMAD ERWIN RADITYO Onny Medaline Robi Krisna