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All Journal Pembaharuan Hukum INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Edukasi Islami : Jurnal Pendidikan Islam Pena Justisia: Media Komunikasi dan Kajian Hukum Britain International of Humanities and Social Sciences (BIoHS) Journal Al-Istinbath: Jurnal Hukum Islam
Pagar Pagar
Universitas Islam Negeri Sumatera Utara
Religion Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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ULAMA'S POLITICAL STRUGGLING IN STRENGTHENING WASATHIYAH ISLAM IN THE PALACE Pagar Pagar; Syaiful Akhyar
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 4, No 3 (2020): Language, Research, and Education
Publisher : State Islamic University of North Sumatra Indonesia

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Abstract

The magnitude of the ulema's obsession to color power in Indonesia is reflected in the fierceness of their battle in the 2019 presidential election. The direct involvement of the ulama made this political event special and different from the previous presidential elections throughout Indonesian history. What's special about this event is that it started from the views of scholars; "We must participate in determining the direction of this nation's journey, so that it is guaranteed that the Islamic perspective of wasathiyah is implemented in it, to be able to realize this effectively, we must color Indonesia from within, by appearing as a policy maker". To implement this, the ulama have been divided into two types of religious understanding which incubated into a political movement and were affiliated with the two presidential candidate pairs. Each of them struggles in their own way, including; The 212 mass movement which was very monumental and fantastic by the Ulama, while on the other hand, had advanced to become a candidate for Vice President from the top leadership of the Ulama in Indonesia, both in terms of the MUI Ormas (as a forum for the gathering of ulama and zu'ama). also from the NU mass organization (as the largest religious mass organization in Indonesia), namely KH. Ma`ruf Amin who is the chairman. Finally, it is reflected that the presidential election battle this time is not only a battle for the presidential seat in the palace, but also as a political battle with the religious style of the ulama to color the throne of power in Indonesia, namely, Wasathiyah Islam and Exclusive Islam. It turns out that the religious style of Wasathiyah Islam as the original inhabitants of this nation can still be victorious in this battle, as well as strengthen the existence of the state in a form that is nationalist Pancasila so that the citizens of the state live in peace in diversity and plurality. Keywords: Ulama, Wasathiyah Islam, Struggling of Islam
THE MOVEMENT OF STRUGGLING OF NEO-COMMUNISM RISING IN POST-REFORM (A Study of Ideology and Struggle Movement in Indonesia) Ahmad Suhaimi; Pagar Pagar
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 3, No 2 (2019): Language, Research and Education
Publisher : State Islamic University of North Sumatra Indonesia

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Abstract

The trauma of the nation's children has not been able to recover from the betrayal many times for the same cause by the PKI. The events of Madiun in 1948, and G.30S PKI became menumental witnesses of the martyrdom of thousands of scholars and students of PKI's savagery, as well as the death of the nation's heroes because they were kidnapped, slaughtered, sliced and dragged into crocodile holes. The reform era, which tends to care about human rights, democratization, and freedom of thought, expression and opinion, has been misused for the growth and re-emergence of communism in Indonesia. Thus the research was proposed: "The Post-Reformation Neo-Communism Struggle Movement. (Study of Ideology and Struggle Movement in Indonesia). This research is specifically to discuss Neo-Communism and its relation to the possibility of a revival in Indonesia. The problem formulation is the movement for the struggle for the rise of Neo-Communism after Reformation in Indonesia, especially from the ideological aspects and the struggle movement. This type of research is qualitative and presented in descriptive exposures. Regional sample; North Sumatra, Aceh, DKI and West Java. Research findings; "Neo-Communism in Indonesia has emerged despite a small movement.  Keywords; Neo-Communism, Movement, internalization, religion.
HATE SPEECH FOR THE PURPOSE OF CREATING HOSTILITY IN INDONESIAN COMMUNITIES (Study of Criminalization and Legal Reality According to Criminal Law Experts) Maradingin Maradingin; Pagar Pagar; Jamil Jami
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 3, No 2 (2019): Language, Research and Education
Publisher : State Islamic University of North Sumatra Indonesia

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Abstract

Especially printed media sheets and electronic media monitors, as well as direct educational exposure, always fulfills important information presentations that are sometimes mixed with Hate speech in the digital age, and democratization is growing very rapidly lately. In addition to its many benefits, it will also be able to threaten the integrity of the nation. Hate speech (hate speech) can trigger the occurrence; riots, hostilities, fights, even wars. This research has some influence, because the previous article "TWITTER: Expressing Hate Speech Behind Tweeting Yudha Wirawanda and Tangguh Okta Wibowo, in" Prophetic Communication Journal "Sunan Kalijaga State Islamic University, Yogyakarta, only offered findings about the pattern of tweeter usage patterns among Indonesians, where they tend to be able to freely devote their particular emotions in cyberspace. This research is specifically for questioning; How do the expressions of hate speech in Indonesia give birth to the criminalization and legal reality according to Criminal law experts? This research is presented in the form of field research. The type of research is qualitative in descriptive exposure. The sample; North Sumatra, Aceh, DKI and West Java. Research findings; "No settlement of hate speech cases is found as an act of criminalization in the midst of Indonesian society. It is estimated, there are a handful of public perceptions that criminalization of the handling of hate speech cases in Indonesia, especially the hate speech clamps aimed at the Government
THE COMPARATIVE STUDY OF CHILD DRUG ABUSE CASES Ibnu Taqwim; Pagar Hasibuan; Zulkarnain Zulkarnain
Jurnal Pembaharuan Hukum Vol 8, No 2 (2021): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v8i2.16169

Abstract

The inconsistency of law enforcement in implementing the substance of the narcotics law has led to a polemic in the community, especially against cases of drug abuse committed by minors, it becomes unclear, the approach method used in this study uses a normative juridical approach. The research found that children as perpetrators of narcotics crimes, if they are not proven to be dealers, which can be dangerous as a basis for imprisonment for children, it is necessary to be rehabilitated as regulated in the narcotics law. Considering that children who are perpetrators of narcotics crimes are only users and are affected by bad environmental conditions both in the family and the environment. Narcotics in the Islamic perspective is analogous to the prohibition of drinking alcohol. This prohibition is carried out because narcotics cause hatred, hostility, disaster and dangerous disasters, both for users, families, communities and the nation and state. Narcotics are prohibited in Islamic law and producers, dealers and users will be subject to Had or Ta’zir sanctions.
Implementation of Marriage in the Period of Armed Conflict in Aceh Munawar Khalil; Pagar; M. Jamil
Britain International of Humanities and Social Sciences (BIoHS) Journal Vol 1 No 1 (2019): Britain International of Humanities and Social Sciences, June
Publisher : Britain International for Academic Research (BIAR) Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/biohs.v1i1.3

Abstract

This study deals with implementation of marriage in the period of armed conflict in Aceh. The marriage process during the armed conflict did not receive pre-marital guidance services nor was the registration of marriage carried out because the situation was uncertain. However, this situation is not an obstacle to the sustainability of marriage in the Acehnese society in an orderly and orderly manner. The sample of the study is North Aceh District which is the area that has the greatest influence of armed conflict between 1999 and 2005 and it also the region with the highest escalation of violence during the armed conflict, many areas in North Aceh controlled by GAM. The result shows that the implementation of the marriage which took place in the period between 1999 and 2005 was generally not administered in accordance with the prevailing laws and regulations because the Registrar of Marriage Officer did not dare to carry out their duties and functions as a public servant in checking the administration of marriage and recording it in accordance with the mandate, moreover the community is also afraid to deal with government offices.
The North Sumatra MUI’s Fatwas on Zakat: Analysis of Fatwa Methods and the Influence of School Thought Heri Firmansyah; Pagar Pagar; Muhammad Amar Adly
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 2 November (2022)
Publisher : Al-Istinbath: Jurnal Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (751.603 KB) | DOI: 10.29240/jhi.v7i2.4552

Abstract

This paper examines the methodology of the North Sumatran MUI fatwas, especially those are relating to the influence of schools on the North Sumatran MUI fatwas related to the issue of zakat from 2000-2010. There are 3 samples of fatwas used in this study, namely: first, the fatwa on the law of issuing zakat fitrah with money (qimah) and the amount, second, on the law of paying zakat not to amil and third, the fatwa about zakat on agriculture and plantations. The method used is content analysis. In the study, it was found that from a methodological, the North Sumatra MUI in finding the fatwa law used three theories, namely bayani, ta'lili and istislahi. On the issue of the influence of schools of thought, in the fatwa of the North Sumatran MUI, it was found that the fatwa of the North Sumatran MUI was influenced by various schools of thought and not dominated by a particular school. In this study influenced by the Hanafi, Shafi'i and Hanbali schools. Although the North Sumatran MUI considers the importance of school thought to be taken into consideration, it does not mean that the North Sumatran MUI does not dare to leave the school of thought and issue new laws that come out of the school of thought by using various methods which in this study use the talfiq method.
A MODEL OF ISLAMIC EDUCATION GUIDANCE ON INHERITED ASSETS INDICATES CONFLICT AMONG HEIRS Anwar MS; Pagar Pagar; Nurasiah Nurasiah
Edukasi Islami : Jurnal Pendidikan Islam Vol 11, No 03 (2022): Edukasi Islami: Jurnal Pendidikan Islam
Publisher : Sekolah Tinggi Agama Islam Al Hidayah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30868/ei.v11i03.4246

Abstract

Islamic law has regulated the rules for distributing inheritance to the heirs of the jawil furud in detail and clearly, but the time when it must be carried out and distributed to the heirs is subject to the provisions and provisions of the Syar'i law regarding the time limit that must be carried out so as to maintain the benefit and eliminate harm. The stipulation of a rule governing the timing of Bener Meriah Regent Regulation Number 19 of 2022 has stipulated that 100 days after the death of the heirs must be given the rights of the heirs without any fighting over and controlling each other without the sincerity of the owner of the rights obtained through inheritance. The time-limit provisions can provide benefits to the heirs without any delay in the implementation of the distribution of inheritance. Besides that, the role of Islamic education is to be able to form good character and maintain Islamic values in various aspects of life, including the distribution of inheritance. This refers to the understanding of the legal foundations for the distribution of inherited assets.
The Progressivity of Umar Ibn Al-Khattab's Ijtihad in Responding to Community Social Changes Fauzan Arrasyid; Pagar Pagar; Dhiauddin Tanjung; Mohd Roslan Mohd Nor
AL-ISTINBATH : Jurnal Hukum Islam Vol 8, No 1 May (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i1.4872

Abstract

This study aims to see how Umar Ibn Al-Khattab's legal ijtihad typology responds to social changes that occur in society. Ijtihad is a legal decision-making process based on syar'i arguments. During his leadership, Umar ibn Khattab was known to history as one of the caliphs who often performed ijtihad and the results often differed from those of other companions of the Prophet in terms of understanding and practice of Islamic law. Umar bin Khattab often recited the Quranic texts and hadith of the Prophet by contextualizing verses and hadiths through his maqasid approach.  This research uses normative legal research methods. The data were obtained through literature review and analyzed using a descriptive analysis approach. The results showed that Umar's ijtihad pattern of Islamic law in some cases is considered as an integrated, integral, and authentic understanding in order to realize the benefit of Muslims. He carried out the policy of Islamic law by paying attention to rapidly developing social changes. Although his Ijtihad seems contrary to the provisions of the text, in fact Umar can be said to be able to understand the general principles (al-ushul al-kulliyat) of the Koran.  So that the Quranic text, which has descended historically, can always provide answers and solutions to social problems of society that are always undergoing changes.
A STUDY OF ISLAMIC LEGAL PHILOSOPHY OF THE CONCEPT OF COLLECTIVE PROPERTY IN INDONESIA BASED ON CORRECTIVE JUSTICE AND THE ISLAMIC EDUCATION MODEL Rifnatul Hasanah Harahap; Pagar Pagar; Syafruddin Syam
Edukasi Islami : Jurnal Pendidikan Islam Vol 11, No 03 (2022): Edukasi Islami: Jurnal Pendidikan Islam
Publisher : Sekolah Tinggi Agama Islam Al Hidayah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30868/ei.v11i03.4175

Abstract

Analysis of the Concept of Joint Assets in the Compilation of Islamic Law reviewed Based on Corrective Justice Values is an Islamic law study that discusses legal issues regarding joint assets. Based on the reality and legal developments that occur in Indonesian society, which is very dynamic, and from several court decisions, it was found that, in general, the panel of judges at the Religious Courts, in deciding cases for claims for the distribution of joint assets, did not depart from these laws and regulations, namely by dividing joint property equally (half share) between husband and wife. This rule causes many problems that occur when practicing the rulings of the religious courts, because not a few people consider that the distribution of joint assets does not fulfill a sense of justice. For this reason, it is necessary to understand in detail the distribution of joint assets based on the inculcation of Islamic values through education. This research model (mode of inquiry) is qualitative. While the approach used is philosophical legal research, In conclusion, this study shows that the distribution of joint assets between ex-husband and ex-wife, based on the value of corrective justice, should be divided according to the amount of effort between the two in obtaining assets during marriage, dividing equally (50:50, Article 97 KHI). is considered that there are times when not fulfilling a sense of justice is necessary when one party has committed an act that is detrimental to the other party (husband or wife) because it does not carry out what has become its obligation in the long term.
Religious Moderation in Indonesia: A Study on Implementation Patterns of the Indonesian Ulema Council (MUI) Pagar Pagar; Syaiful Akhyar; Ibnu Radwan Siddik Tunip
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 3 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.2756

Abstract

As a symbol of ulema which is the main tent of Muslims in Indonesia, the Indonesian Ulema Council (MUI) is certainly expected to be able to implement the concept of religious moderation. This paper aims to examine the implementation of MUI religious moderation in Indonesia. Then, this study also aims to discuss how the pattern of implementation of MUI religious moderation towards Muslims, deviant religious beliefs, non-Muslims, and the government. This is qualitative research with a participatory action research (PAR) approach. Informants involved as subjects and objects in this study were structural scholars, academic scholars, and community scholars in the provinces of DKI Jakarta, North Sumatra, and Aceh. The results of the study indicate that the implementation of MUI religious moderation in Indonesia has been implemented well. MUI is responsive and accommodating to the needs of the community, especially Muslims, and plays a very important role in creating a safe and peaceful atmosphere in the community. However, some people consider that the application of MUI's religious moderation values to groups that are considered deviant (heretic) and non-Muslims has not run optimally. This can be seen with the issuance of the MUI fatwa on the expectation of the existence of pluralism, liberalism, and religious secularism. MUI is expected to further improve the pattern of its relationship with the two community groups. Meanwhile, towards the government, MUI positions itself as a critical partner of the government (syarikatul hukumah). MUI sometimes supports government programs, but it can also disagree with government programs as outlined through MUI fatwas that seem contrary to the interests of the government,such as fatwas against vasectomy and fatwas on the use of meningitis vaccines for pilgrims or umrah.
Co-Authors Abdul Halim Ahmad Suhaimi Anwar MS Dhiauddin Tanjung Dhiauddin Tanjung Fauzan Arrasyid Heri Firmansyah Ibnu Radwan Siddik Tunip Ibnu Taqwim Jamil Jami M. Jamil Maradingin Maradingin Mohd Roslan Mohd Nor Muhammad Amar Adly Munawar Khalil Musa Aripin Nurasiah Nurasiah Rifnatul Hasanah Harahap Syafruddin Syam Syaiful Akhyar Syaiful Akhyar Watni Marpaung Zulkarnain Zulkarnain