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Hasballah Thaib
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara
Law, Crime, Criminology & Criminal Justice

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PERLINDUNGAN HUKUM TERHADAP PELAKSANAAN PENGANGKATAN ANAK DITINJAU DARI HUKUM ISLAM DAN UNDANG-UNDANG NO 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK Hamidansyah Putra Putra; Edy Ikhsan; Hasim Purba; Hasballah Thaib
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Transparent and resolute regulation on adoption is highly needed, both in its regulation and in its protection. Today, the Government Regulation No. 54/2007 on the Implementation of Adoption, Law No. 23/2002 on Child Protection, and the Compilation of the Islamic Law regulate wajibah will for an adopted child. Discussion about adoption is usually related to adat (customary) law, the Islamic law, and western law in which people have different methods in different places in its implementation so that it is interesting to be analyzed. A research on child protection law about the implementation of adoption, viewed from the Islamic Law and Law No. 23/2002 on Child Protection, is a descriptive analysis which describes, explains, and analyzes laws theoretically and practically from the field. Keywords: Adopting a Child, Islamic Law, Child Protection
PENYELESAIAN SENGKETA PERBANKAN SYARIAH SESUAI ISI AKAD BERDASARKAN KETENTUAN UNDANG-UNDANG NOMOR 21 TAHUN 2008 TENTANG PERBANKAN SYARIAH PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 93/PUU-X/2012 Purnama Hidayat Harahap; Bismar Nasution; Hasballah Thaib; Utary Maharani Barus
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRAK The research showed that the sharia banking still used the Law by District Court as an alternative of the settlement for the Sharia banking disputes because the legal counseling about the forum of settlement for the sharia banking disputes was not effective yet as stipulated in Article 55 Paragraph (1) of the Law No. 21/ 2008 regarding Sharia Banking in conjunction to Article 49 of the Law No. 3/ 2006 regarding the Religious Jurisdiction which states that it assertively gives the absolute authority to the Religious Jurisdiction to receive and settle the sharia economic disputes including the sharia banking disputes; there is a factor of the readiness of the Religious Jurisdiction to settle the sharia banking disputes;the next factor was that the judge of the District Court did not refuse the lawsuit addressed to him even though it was obvious that the absolute authority is possessed by the Religious Jurisdiction; another factor was that there was lack of trust from the customers of sharia banks to the Religious Jurisdiction; because the Religious Jurisdiction was so far considered to only settle the divorce cases. Furthermore, the results also showed that the judge viewed that these provisions are contrary to Article 28D Paragraph (1) of the 1945 Constitution explaining that every person shall have the right of recognition, guarantees, protection and certainty before a just law, and of equal treatment before the law. The settlement for the sharia banking disputes in accordance with the contract contents after the Constitutional Court Verdict No. 93/PUU-X/2012 tend to have changed the clausal forum for the dispute settlement, which previously referred to the District Court, now it refers to the Religious Jurisdiction and Basyarnas (National Sharia Arbitration Agency). It can be seen in the contracts made at some Sharia Banks in Indonesia, such as Bank Syariah Mandiri, Bank BRI Syariah, Bank Muamalat Syariah, Bank Sumut Syariah, and Bank BTN Syariah.   Keywords: Settlement for Sharia Banking Dispute, Contract Contents, Constitutional Court Verdict
PERBANDINGAN PEMILIHAN PRESIDEN DALAM SISTEM KETATANEGARAAN REPUBLIK INDONESIA DENGAN KONSEP SYURA DALAM PRINSIP KETATANEGARAAN ISLAM Muhammad Ihsan; Hasballah Thaib; Faisal Akbar Nasution; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACTPresidential election process in Indonesia has been reflected in the Constitution of the Republic of Indonesia Year 1945 (1945 Constitution). Since 1945, the presidential election process in Indonesia is consensus in an institution of the People's Consultative Assembly (MPR). It is as the implementation of the Preamble of the 1945 Constitution, all four precepts of Pancasila, "Democracy Led by Wisdom Wisdom In a consultative assembly". Changes in the 1945 Constitution in 1999-2002, has implications in the process of election of the President of deliberation to direct election by the people. Many observers said the process of direct election by the people as a model of democracy. In fact, not a few who claimed the election process by consensus in the Assembly, as well as a model of democracy though indirectly. Implementation of the Presidential election in the concept of Shura as Shura and democracy has no relevance, given some quarters to equate the two. Although there are similarities between shura and democracy as expressed by some. However, there is very substantial between the two, given that it is shura is a method derived from the Rabb al-basyar (Rabb human), namely God, while democracy is the fruit of thinking of a weak man who is certainly not free of shortcomings, democracy sourced of concepts and principles devised by man which the concepts and principles is closely linked to the interests of each individual name in its implementation.Keywords: Presidential Election, Democracy and Shura
WARISAN ANAK ANGKAT MENURUT HUKUM ADAT DAN KOMPILASI HUKUM ISLAM Mifa Al Fahmi; Hasballah Thaib; Hashim Purba; Rosnidar Sembiring
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Civil law in Indonesia are still pluralism because until now still apply customary law, Islamic law and Western law. The law of inheritance is a part of the law of family who played an important role, even define and reflect the prevailing family system in the community. In this case there are some differences between the existing legal system against the adoption of children in Indonesia. So sometimes becomes an endless discussion towards inheritance for the adopted child. Based on the above background found problems: first the position of adopted children in customary law and Islamic law, second compilation of inheritance adopted children in customary law and Islamic law, third compilation serves parts of adopted children in inheritance law and compile Islamic law. Islamic law is not the presence of adoption so far belies the adoption was done for welfare and education for the child. Adoption does not disconnect from the adopted child with the biological parents. There are no relations between the adopted child to inherit with the adoptive parents. However in the compilation of Islamic law on the set of wills wajibah, so that the adopted child can be given no more than a third of the estate. Unlike the customary law system, the position of adopted children is influenced by the system of kinship or descent, the position of adopted children varies from one region to the other. Adoption can just break the connection of the adopted children against parents, siblings or children of adoption do not disconnect from the adopted child with her biological parents. So is the adopted son of inheritance. Each of the customary law in the area have different settings, there is that because adoption then arises of the relationship between the adoptive parents ' inheritance and vice versa. Similarly, with the portion for adopted children who inherit a system of customary law that the adopted child is given the rights of inheritance from adoptive parents. This inheritance portion against the arrangements differ from one region to the other. Keywords: Inheritance, Adoption, Probate
UPAYA HUKUM PENGESAHAN PERKAWINAN BAGI PERKAWINAN YANG TIDAK DICATATKAN DITINJAU DARI UU NO. 1 TAHUN 1974 DAN KOMPILASI HUKUM ISLAM (KHI) Eko Gani PG; Hasballah Thaib; Hasim Purba; Idha Aprilyana Sembiring
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Basically the marriage is the emotional and physical bond between a man and woman as husband and wife with the aim of forming a family (household) happy and everlasting based on the Supreme Godhead as stated in Act 1 of 1974 about the marriage Article 1 The marriage is the way advocated by Religion, Law and Culture in order to keep individualis away from bad things such as adultery, sexual deviation, and others. Marriage is lawful if done according to the religious law of each article 2 paragraph 1 of Act No. 1 Year 1974 and in paragraph 2 mentioning each marriage is registered according to the prevailing laws and regulations. However, in fact the marriage are also not registered, resulting in the loss of rights of the parties to the marriage. Based on the research results could be concluded that are several factors that affect the marriages  are unregistered, both economic factors where marriage took place. Furthermore, the unregistered marriage  also gives legal effect to the parties, according to Act No. 1 of 1974 article 2, paragraph 1, that marriages which are carried out according to their respective religious law are considered valid but according to Act No. 1 of 1974 article 2 paragraph 2 dose not fulfil the administration as determined by legislations. And the legal efforts that can be taken by the parties who did the unregistered marriage by way of proposing the marriage Itsbat and marriage   Keywords : Itbat, The Legal Efforts, Endorsement, The Unregistered Marriage.
POLITIK HUKUM DALAM KITAB UNDANG-UNDANG HUKUM PIDANA DENGAN HUKUM ISLAM TERHADAP TINDAK PIDANA PENISTAAN AGAMA Irma Hayati Nasution; Syafruddin Kalo; Hasballah Thaib; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRAK Since the era of reform of cases of irregularities in  society more and more appear, one of which is the advent of the crime of defamation of religion in various forms, such as the emergence of irregularities in religious life in the community as opposed to the teachings and religious laws that already exist. These things can undermine the foundations of religious life existing community.Crime Settings Defamation of Religion in criminal law stipulated in the laws and regulations in Indonesia is contained in Article 156a of the Law of the Republic of Indonesia Number 1 Year 1946, hereinafter contained in Law No. 1 / PNPS / 1965 on Prevention of Abuse and or blasphemy bill in Articles 341-349 of the Criminal Code, and under Islamic law stipulated in the Qur'an surah an'am verse 108, Surah al-Maidah verse 57, Surah al-Luqman verse 6, Surah al-jaatsiyah verse 9.   Keywords: Politics of Law, Criminal Code, Islamic Law, Blasphemy,
Analisis Putusan Pengadilan Agama Dalam Perkara Pembagian Harta Bersama Akibat Perceraian Menurut Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan dan Kompilasi Hukum Islam : Studi Putusan-Putusan Di Pengadilan Agama Rantau Prapat Edi Sutra Ritonga; Hasballah Thaib; Hasim Purba; Utari Maharany Barus
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

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Abstract

Abstract. In the law of number 1, 1974 about the marriage in section one stated that marriage is the bond between a man and woman as a couple with a goal to form the happiness and everlasting family based on the believe in the one supreme God, therefore the marriage always hoped going on with the happiness, yet the certain condition the divorce is the case that cannot be avoided as a reality. Divorce is a law phenomenon that will bring the law results; one of them is a collective treasure. Section 37 of the verse 1 of the law number 1, 1974 about marriage states that if the marriage is break because of divorce, so the collective treasure will be set based on its laws, but didn’t determine how is the portion of husband and wife that divorced. The explanation of this section 37 states its laws are religion law, tradition law, and the other laws. In addition to the law number one, 1974 about marriage, in Indonesia also occurred the Islamic law compilation that related to division of collective treasure in the same manner as set in the section 96 and 97 Islamic Law Compilation. Based on those cases, so the problems that searched in this research is: how is the conducting of collective treasure division that caused of divorce in its practice in Rantau Prapat Religion Court and the obstacle in conducting of collective treasure division. The method approach that used in this research is juridical empiric approach and it is descriptive analytic. Based on the result of this research, can be concluded that the division of collective treasure based on the judge considerations dodge in determining verdict after examining and administering justice step by step based on procedure of civil law, so the judge in determining the verdict refers to the law of number one 1974 about marriage in section 35 to 37  and Islamic law Compilation in section 85 to 97,  jurisprudence, Supreme Court of Indonesia, Holy Qur’an in sura At-Tholaq: 7, An-Nahl: 90, An-Nisa:58 and 32, it is applied law and the synchrony in resolving legal action in this time, so the assets treasure that acquired either from the husband or the wife become collective right along is not determined in the marriage deal and if the marriage is break, each of them have a half from that treasure, because a long the marriage there are the collective treasure. The obstacles that often appear in conducting collective treasure division is they usually do not have the complete prove, is it true a collective right or not. Example: the large measure land and the limits are not clear, and the buyer place that was died.   Key words: divorce, collective treasure division, religion court verdict.
Itsbat Nikah Bagi Pasangan Suami Istri yang Menikah Sirri Setelah Berlakunya Kompilasi Hukum Islam (KHI) : Studi di PA Medan Tahun 2016 – 2018 Mesdi Tanjung; Hasballah Thaib; Utari Maharany Barus; Idha Aprilyana Sembiring
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract

Abstract. Marriage Confirmation is a process of confirming a husband and a wife who have done sirri (unregistered) marriage. Its purpose is to obtain marriage certificate for marriage legitimating according to Article 2, paragraphs 1 and 2 of Law No. 1/1974. Basically, its implementation is intended for certain thing as stipulated in paragraphs 1, 2, and 3 of KHI (Compilation of the Islamic Laws). The research problems were how about 1) the procedure of lodging confirmation of marriage for sirri marriage, 2) judge’s consideration in handing down a verdict on the doers of sirri marriage, and 3) the legal consequence of judge’s verdict on sirri marriage in the Religious Court, Medan. The result of the research shows that the procedure of marriage confirmation is filed to the Religious Court in five steps: registering it to the Religious Court in Medan, giving the court a cash advance for the cost of lawsuit, waiting for summon for the court session, attending the hearing, and court’s verdict. The judge’s consideration in handing down the verdict is 1) in the legal ground of lodging confirmation of marriage to the Medan Religious Court whether the applicants have legal ground as specified in Article 7, paragraph 4 of KHI, 2) evidence and legal fact, 3) testimony of witnesses and evidence in the court session, 4) reasons for lodging marriage confirmation, 5) its benefit, 6) since it is traditional in some communities, and 7) it is found in Article 7, paragraph 3, letter (e) of KHI: a marriage of those who have no marriage prohibition according to Law No. 1/1974. This Article is used by the judge in the Medan Religious   Court to accept the marriage confirmation.               The legal consequence of the court’s verdict in accepting marriage confirmation for sirri marriage is 1) viewed from legality, viewed from the aspect of lodging the request for marriage confirmation, and 3) viewed from the aspect of legal standing.   Keywords: marriage confirmation, judge, religious court
Co-Authors Bismar Nasution Edi Sutra Ritonga Edy Ikhsan Eko Gani PG Faisal Akbar Nasution Hamidansyah Putra Putra Hashim Purba Hasim Purba Idha Aprilyana Sembiring Irma Hayati Nasution Mesdi Tanjung Mifa Al Fahmi Muhammad Ekaputra Muhammad Ihsan PURNAMA HIDAYAT Rosnidar Sembiring Syafruddin Kalo Utari Maharany Barus Utary Maharani Barus