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All Journal Jurnal Penelitian Medan Agama Pena Justisia: Media Komunikasi dan Kajian Hukum Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences
Pagar Pagar
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Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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 1 
Implementation of the Legal Istinbath Method of LBM Mudi Mesra Samalanga Yasir Nasution; Pagar Pagar; Abdullah Abdullah
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 3, No 3 (2020): 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.v3i3.1173

Abstract

Istinbath of law which is able to abstract the thoughts of previous scholars and place them according to portions and proposals. On the other hand, various fatwa institutions have also emerged, but the results are very irrelevant and not adaptive to the environment, the ilhaq al-masail bi nadhairiha method was born as one of the methods of legal istinbath carried out by LBM MUDI Mesjid Raya Samalanga. The ilhaq al-masail bi nadhairiha method is not just the result of the thoughts of the LBM board and expert council, but this method is reconstructed from a solid foundation. The basic argumentation of applying istinbath with the ilhaq al-masail bi nadhairiha method is also caused by the opening of the door to interrupt some of the arguments and evidence which are used as a legal basis in the past. The opening of the door can be seen from the existence of several rules which have very universal meanings and are able to adapt according to the development of the times.
Polyandry Marriage in Criminal Law Studies in Indonesia Asmuni Asmuni; Pagar Pagar; Maswandi Maswandi
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.v3i4.1423

Abstract

This study discusses polyandry marriage in criminal law studies in Indonesia. In terms of marriage, there are still some Muslim women who violate Islamic law, either secretly who will carry out further marriages even though they are still married to other men (polyandry marriage), even though both are in the Qu’ran and Hadith which prohibits this act because it is an act of adultery with the threat of positive punishment as regulated in the Criminal Law Number 1 of 1946 and the Islamic Criminal Law. Because this polyandry marriage does not only involve the perpetrator but also other parties so that the marriage is carried out, the criminal arrangements in the Criminal Code related to polyandry marriage can be punishable with a sentence ranging from 9 months to 7 years in prison. In fact, polyandry marriage according to the Qoran and Hadith can be subject to death penalty, death penalty 100 times or imprisonment for 1 year.
Sanitasi dan Kebersihan di Kampus UIN Sumatera Utara Medan P Pagar
Jurnal Penelitian Medan Agama MEDAN AGAMA, VOL. 9, NO. 2, 2018
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat Universitas Islam Negeri Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (483.748 KB) | DOI: 10.58836/jpma.v0i0.3977

Abstract

This paper aims to determine the state of sanitation in campus of UIN-SU Medan, then to find out the obstacles in sanitation and hygiene in Medan UIN-SU and to know the steps to improve sanitation and hospitality at UIN SU Medan. The research method uses field research, using sources of data collection from the field as primary data and in the form of literature obtained through the library as secondary data, then using qualitative data analysis methods, and inductive and deductive conclusions. The conclusion of this study is that improvement in sanitation and cleanliness in the UIN-SU Medan in the future requires the following things; 1) Increase sanitation and sanitation personnel, 2) Increase awareness, especially students, as well as the academic community in general, 3) Synchronize lecture time with opportunity for cleaning, 4) Adding clean water supply, 5) Functionalization and addition of room facilities (WC), 6) Working together between the Bureau and the Uini-unit by making an adequate check and balanching system, 7) It is expected that the attention of higher leaders in the future.
The Position of Deaf Witnesses in Proving Divorce (Syiqaq) Cases in Religious Courts riki handoko; Pagar Pagar; Dhiauddin Tanjung
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 23, No 1 (2024): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4011

Abstract

  Abstract                                                                          Based on article 22 of PP Number 9 of 1975, article 76 of Law Number 7 of 1989 and article 134 of Presidential Instruction Number 1 of 1991, Divorce (syiqaq) where disputes and quarrels are continuous must be proven by witness testimony, so The position of the witness is an important thing in deciding a divorce case. Witnesses who are present in court must materially see, hear and experience directly the legal events that occur, this must be in accordance with article 172 HIR/308 Rbg in conjunction with article 76 Law Number 7 of 1989. Meanwhile, in Islamic law, the position of deaf witnesses is that the majority of ulama seemed to have absolutely no tolerance for their opportunity to be witnesses. They agreed that hearing what the parties said and understanding what they meant was an absolute requirement for witnesses. The argument is because something that is the object of the witness is words. Law No.19/2011 about concerning ratification of the CRPD and the principle of Equality Before the Law also states the same thing, which does not differentiate between people in person. trial, while formally a deaf witness is not a mentally disabled witness, he just lacks hearing but can see and judge events well._________________________
Co-Authors Abdullah Abdullah Asmuni Asmuni Dhiauddin Tanjung Maswandi Maswandi riki handoko Yasir Nasution