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Analisis Faktor-Faktor Jual Beli Tanah Secara di Bawah Tangan di Desa Babul Makmur Safriani; Nouvan Moulia
COMSERVA : Jurnal Penelitian dan Pengabdian Masyarakat Vol. 1 No. 11 (2022): COMSERVA : Jurnal Penelitian dan Pengabdian Masyarakat
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/comserva.v1i11.152

Buying and selling is something that often happens in all activities. A sale and purchase agreement is an agreement in which one party promises to deliver the goods and the other party pays the promised price. This study intends to examine the things that affect the procurement of artificial land in Babul Makmur Village. The type of research used is a descriptive approach, meaning that here it provides a specific description of the field in the form of facts found in the field and by describing the results of research obtained in the field, including: data that has been obtained from the library, then the researcher makes conclusions and recommendations from all the results that have been studied. The results showed that the things that resulted in the sale and purchase of underhanded land in Babul Makmur Village were: cultural/customary factors, trust and family factors, fast processing factors and low costs, education factors and lack of socialization. Then the registration of land at the Office of the National Land Agency is not a condition for the validity of the sale or not. So if there is an underhand sale and purchase, it is actually legally valid and the land is legally the property of the buyer.

PELAYANAN ISTRI TERHADAP KEBUTUHAN SUAMI DAN PENGURUSAN RUMAH TANGGA DALAM PERSPEKTIF ULAMA Nouvan Moulia
Jurnal Community Vol 1, No 1 (2015)
Publisher : Prodi Sosiologi FISIP Universitas Teuku Umar

This study seeks to answer two questions. First, how do Ulamas opinion about the wife care for the daily needs of her husband and the maintenance of the household. Secondly, whether the wife is entitled to compensation for services he did for the daily needs of her husband and taking care of the household. To address these questions the author has conducted research with the literature study approach (library research). The steps travel writers in this research is the collection and analysis of data from primary legal materials, the original material is the basis for the investigation, the legal materials is the Quran, books of tafsir, hadith books and syarahnya, as well as books of fiqh schoolars Hanafiyah, Malikiyah, Shafiiyyah and Hanabilah. Once the data is collected and then processed using content analysis method to be arranged into a research report as a thesis. Cleric Law Schools are divided into two groups in explaining the legal services to the needs of the husband and wife household maintenance. The first group, argued that the wife must serve the needs of her husband and taking care of the household, who think so are scholars Hanafiyah schools and Malikiyah. The second group, argued that the wife is not obliged to perform all of these tasks, which scholarly opinion Shafiiyyah schools and Hanabilah. After doing research, it is known that the wife of work serving the daily needs of her husband and taking care of the household is well accepted custom for generations in the community, but not the obligation to do his wife. The wife is entitled to claim for any service done to prepare for the daily needs of her husband or taking care of the house. Remuneration for his wife do homework set based on the law of al-Ijarah or lease services are allowed in Shari'a.

Kewenangan Pawang Glee terhadap Penyelesaian Sengketa Antarwarga dalam Pemanfaatan Hutan di Aceh Berdasarkan Prinsip Utilitarianisme Hasnitaria Hasnitaria; Nouvan Moulia; Fazzan Fazzan
Journal of Social and Policy Issues Volume 2, No 2 (2022): April-June
Publisher : Pencerah Publishing

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This research aimed to find out the authority of Pawang glee on the conflict completion among people in forest utilization in Aceh, also to find out the suitability of conflict completion among people in forest utilization in Aceh with utilization principle. The technique of conflict completion obtained in Article 1 Paragraph (10) The Law Number 30 Year of 1999 About The Alternative of Conflict Completion explains that conflict can be solved outside the court through the methods of consultation, negosiation, mediation, consiliation, and expert assessment. This research was a normative juridicial research, the approach used in this research was the law regulation approach and historical approach. The result of this research showed that Pawang glee authority on conflict completion among people in forest utilization in Aceh has been suitable with the utilization principle of natural resources which centers on the prosperity manifestation for all people of Indonesia. The existence of institution and authority of Pawang glee in managing forest utilization through traditional law has continuously been strengthened with the presence of Aceh Qanun Number 10 Year of 2008 About Traditional Institution. The weakness which must be improved from the conflict completion this far mediated and solved by Pawang glee was not documented and published well yet until the work result of Pawang glee institution could not be accessed widely by the community

BEBAN RESTITUSI PELAKU PEMERKOSAAN MENURUT PERSPEKTIF FIKIH DAN QANUN JINAYAT Nouvan Moulia; Putri Kemala Sari
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 5, No 1 (2021): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v5i1.3086

Compensation for rape victims stipulated in Aceh’s Qanun No. 6/2014 concerning the Law of Jinayat has not been implemented as expected. The initiation of a victim's request and the inability of perpetrators to pay the restitution were considered as the inhibiting factors. This research tried to identify and explain: (1) the basis of Islamic jurisprudence (fiqh) regarding restitution for victims of rape, (2) a fiqh perspective regarding the provisions and procedures for restitution for victims of rape that have been regulated in Qanun Jinayat and Qanun Acara Jinayat, (3) a fiqh perspective on the obligation of the state to assist rape perpetrators who are financially unable to pay the restitution. This type of research is a literature study employing a review of the document. All data were qualitatively analyzed using methods of descriptive analysis and content analysis. The findings revealed that: (1) compensation for victims of rape from a fiqh perspective is part of the basic sentence decided by the judge along with decision of physical punishment, while according to Qanun Jinayat and Qanun Acara Jinayat, compensation is not part of the basic sentence, (2 ) according to a fiqh perspective, a rape victim has the right to receive compensation in the form of mahar misil (dowry) which is paid multiple times according to repeated rape, ursy al-bikarah, or others in accordance with the losses suffered by the victim, whereas according to Qanun Jinayat and Qanun Acara Jinayat, compensation for rape victims is an amount of money or certain assets paid for suffering, loss of property, or compensation for certain actions, (3) from a fiqh perspective, the state is obliged to help the perpetrators of rape to pay off the burden of restitution which cannot be repaid due to financial constraints by distributing for them the right of gharim from the treasury of zakat collected by baitul mal.

KEDUDUKAN KHULUK DALAM PERSPEKTIF UNDANG-UNDANG PERKAWINAN INDONESIA DAN FIKIH ISLAM (Analisis Putusan Pengadilan Agama Pasir Pengaraian, nomor 273/Pdt.G/2015/PA.Ppg) Nouvan Moulia
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 1 (2018): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Marriage is the inner bond between a man and a woman as husband and wife in order to form a sakinah family, mawaddah, wa rahmah. However, under certain circumstances the marriage may end with a divorce suit filed by the wife, usually the lawsuit is filed because the wives are no longer able to bear the behavior of her husband who has exceeded the limit of patience. In this research, the writer tries to analyze one of the decision of the Religious Court about the divorce and the position of the decision according to Islamic jurisprudence perspective, the decision to be analyzed is the decision of Religious Court of Pasir Pengaraian numbered 273/Pdt.G/2015/PA.Ppg. This research is a normative-empirical legal research, that is research done by reviewing written regulations and its aspects. The approach used in this research is the approach of legislation, conceptual approach, and comparative approach. From this research note that the divorce lawsuit contained in the KHI is not entirely the same as the divorce lawsuit contained in the UUP and PP 9/1975. According to the juristic law the consequences of divorce due to khuluk differ from divorce because taklik talak, either from the way it works to the legal consequences. Meanwhile, according to KHI different how it works but the same due to the law.Keywords: Divorce suit, khuluk, taklik talak, iwad

Kewenangan Pawang Glee terhadap Penyelesaian Sengketa Antarwarga dalam Pemanfaatan Hutan di Aceh Berdasarkan Prinsip Utilitarianisme Hasnitaria Hasnitaria; Nouvan Moulia; Fazzan Fazzan
Journal of Social and Policy Issues Volume 2, No 2 (2022): April - June
Publisher : Pencerah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58835/jspi.v2i2.51

This research aimed to find out the authority of Pawang glee on the conflict completion among people in forest utilization in Aceh, also to find out the suitability of conflict completion among people in forest utilization in Aceh with utilization principle. The technique of conflict completion obtained in Article 1 Paragraph (10) The Law Number 30 Year of 1999 About The Alternative of Conflict Completion explains that conflict can be solved outside the court through the methods of consultation, negosiation, mediation, consiliation, and expert assessment. This research was a normative juridicial research, the approach used in this research was the law regulation approach and historical approach. The result of this research showed that Pawang glee authority on conflict completion among people in forest utilization in Aceh has been suitable with the utilization principle of natural resources which centers on the prosperity manifestation for all people of Indonesia. The existence of institution and authority of Pawang glee in managing forest utilization through traditional law has continuously been strengthened with the presence of Aceh Qanun Number 10 Year of 2008 About Traditional Institution. The weakness which must be improved from the conflict completion this far mediated and solved by Pawang glee was not documented and published well yet until the work result of Pawang glee institution could not be accessed widely by the community.

Penyelesaian Sengketa Mawah Hewan Ternak dalam Masyarakat Kecamatan Pasie Raja menurut Perspektif Hukum Perdata Salmawati Salmawati; Nouvan Moulia
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 6, No 2 (2022): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v6i2.6088

Mawah is an agreement made between the owner of the property and the manager in which the proceeds will be divided based on the agreed agreement. Each agreement can be verbal or written, as long as the conditions for the validity of the agreement as stipulated in Article 1320 of the Civil Code are fulfilled. Generally, mawah agreements are made in the agricultural, land, plantation, animal husbandry sectors, and so on. This research aims to examine how the profit sharing agreement of mawah for livestock between farmers and livestock owners in Pasie Raja District, Aceh Selatan Regency, how to resolve profit sharing disputes in the practice of mawah on livestock and how the perspective of civil law on dispute resolution related to profit sharing. The method used in this research is empirical juridical. Collecting data in the field through interviews with respondents and informants, as well as documentation of activities in the field. The results of the study show that the agreement on the practice of mawah for livestock is still carried out orally. In the implementation of the mawah profit sharing agreement, there are differences between male buffalo, female buffalo that have never given birth, and female buffalo that have given birth. Efforts to resolve profit-sharing disputes in the practice of mawah on livestock are by way of deliberation or kinship, and the perspective of civil law regarding dispute resolution related to mawah profit sharing is appropriate, because the settlement route taken is non-litigation.

IMPLEMENTASI PASAL 107 DAN 131 UU NO 35 TAHUN 2009 TENTANG NARKOTIKA DI WILAYAH HUKUM MEULABOH Ryan Ramadhan Nagor; Nouvan Moulia
Humantech : Jurnal Ilmiah Multidisiplin Indonesia Vol. 2 No. 10 (2023): Humantech : Jurnal Ilmiah Multidisiplin Indonesia
Publisher : Program Studi Akuntansi IKOPIN

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Penelitian ini bertujuan untuk mengetahui pengaturan hukum tentang tidak melaporkan adanya penyalahgunaan narkotika. Penelitian ini dilaksanakan di Wilayah Hukum Meulaboh. Metode analisis data berupa data empiris dengan berpatokan pada peraturan dan bahan hukum yang tertulis, artinya adalah data yang diproses merupakan data sekunder yaitu data yang didapatkan melalui metode wawancara, rekaman dan dokumentasi. Hasil penelitian menunjukkan bahwa Implementasi Pasal 107 dan 131 Undang-Undang No 35 Tahun 2009 tentang Narkotika di wilayah Hukum Meulaboh yaitu kekurangan sosialisasi yang dilakukan oleh aparat penegak hukum kepada masyarakat. Ada beberapa faktor yang menyebabkan seseorang yang tidak menginformasikan adanya penggunaan narkotika, Faktor internal seperti ketidaktahuan masyarakat mengenai risiko penyalahgunaan narkotika, faktor pendidikan, faktor sikap apatis atau kurang peduli terhadap lingkungan sekitar, faktor keluarga merasa malu jika ada anggota keluarga terlibat dalam penyalahgunaan narkotika, dan Faktor eksternal seperti kekurangan sosialisasi yang dilakukan oleh aparat penegak hukum kepada masyarakat, serta kelemahan yang masih ada dalam penegakan hukum.

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