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Putusan MK Yang Bersifat Positif Legislature Ramadhan Siddik Pane; Puji Kurniawan
Jurnal El-Thawalib Vol 3, No 4 (2022)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (901.209 KB) | DOI: 10.24952/el-thawalib.v3i4.5939

Abstract

The Constitutional Court in the case of testing the constitutionality of an Act is declared granted, then by the provisions of the laws and regulations only given the authority to declare the material content of paragraphs, Articles, and / or parts of the Law contrary to the 1945 Constitution and has no binding legal force. Or make the process of making laws contrary to the mechanism of formation that has been regulated by the laws and regulations (negative legislature). However, in some cases the Constitutional Court in its ruling included new legal norms (positive legislatures) that are considered to have entered the realm of legislative authority. So based on this there is an increase in the authority of the Constitutional Court from negative legislature to positive legislature. Based on the picture of the problem, researchers want to further know how the constitutional court's authority in issuing positive legislature decisions, then what consideration factors are used by constitutional court judges in issuing positive legislature rulings. This research is assembled based on the type of juridical normative research by utilizing the legal approach and the case approach. The theory used in solving the above problems is to use progressive legal theory and positive legal theory. So that with the data obtained from the results of case review and law, it is processed by reducing data and cases. The results of this study state that the Constitutional Court in the case of testing the constitutionality of the Law based on norms stipulated in the laws and regulations only as a norm-spinning or negative legislature. However, based on the knife analysis of the progressive legal theory, the authority can become a new norm maker with various rules included in the sound of the verdict or positive legislature. The factor considered by constitutional court judges in stringing together the ruling is substantive justice considerations based on progressive theory, then this is supported by the purpose of the establishment of law in Islam is to realize justice.  
Implementation of Child Birth Registration in Kampung Baru Village, Lingga Bayu District, Mandailing Natal Regency in terms of Article 27 Paragraph (1) Law Number 13 Number 24 of 2013 concerning Population Administration Rita Annisah Lubis; Puji Kurniawan
Jurnal El-Thawalib Vol 3, No 3 (2022)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (714.813 KB) | DOI: 10.24952/el-thawalib.v3i3.5644

Abstract

The lack of practice of registering children's births and the lack of legal knowledge regarding population identity are the background to the emergence of problems in this study. The purpose of this study was to find out how the practice of registering child births in Kampung Baru Village, Lingga Bayu District, Mandailing Natal Regency by the Department of Population and Civil Registration. As well as knowing what the inhibiting factors are in the practice of birth registration. This research is a field research using qualitative descriptive analysis method. The method of collecting data in this research is by means of interviews and documentation. The parties studied were the Department of Population and Civil Registration of Mandailing Natal Regency and one of the people in Kampung Baru Village.The results of this study prove that the Implementation of Child Birth Registration in Kampung Village from 2015 to 2016, based on article 27 paragraph (1) of Law Number 24 of 2013 concerning Population Administration has not been carried out optimally. This can be proven from the fact that there are still many people in the village who do not yet have a demographic identity in the form of a birth certificate. Judging from the fiqh siyasa of the government in the practice of registering child births in the village of Kampung Baru, it is good, it can be seen that the government in providing services, policies, and relations with the community is always based on the general benefit that the government must be prosperous for its people, trustworthy and fair to its people. Inhibiting factors in the practice of registering children's births include internal factors that come from the individual himself, such as the lack of legal knowledge of the urgency of registering the child, then external factors, and road infrastructure that seems far from the Population and Civil Registration Office of Mandailing Natal Regency.
The Actualization of the Concept of National Fiqh in Building Religious Moderation in Indonesia Arbanur Rasyid; Muhammad Basyrul Muvid; Maulana Arafat Lubis; Puji Kurniawan
Millah: Journal of Religious Studies Vol. 21, No. 2, February 2022
Publisher : Program Studi Ilmu Agama Islam Program Magister, Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/millah.vol21.iss2.art5

Abstract

This study intends to critically examine and analyze the process of national fiqh actualization in shaping an attitude of religious moderation. Bearing in mind, the problem of unity amidst differences is primary, so it must remain a serious concern to maintain the country’s resilience. The research method was qualitative with a library research approach, which collected a variety of relevant literature according to the topic of study. This study concludes that the concept of national fiqh has an orientation to unity and integrity in maintaining national sovereignty wrapped with nationalism. National fiqh’s relevance and religious moderation become a mutually reinforcing synergy because national fiqh seeks to build a nationalist humanistic paradigm to reduce differences. Then, the actualization of national fiqh in building Indonesia’s religious moderation is the appreciation of the teachings of Islam in a complex and contextualist manner, not merely normative or dogmatic, strengthened by the process of cultivating moderate, fair, tolerant, humanist, ethical, religious, and nationalist attitudes.
PANDANGAN HUKUM PROGRESIF DAN MASLAHAH MURSALAH TERHADAP PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-VIII/2010 TENTANG PENGUJIAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 Puji Kurniawan
Yurisprudentia: Jurnal Hukum Ekonomi Vol 7, No 2 (2021)
Publisher : Institut agama islam negeri Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (324.664 KB) | DOI: 10.24952/yurisprudentia.v7i2.5032

Abstract

The presence of progressive law as emancipatory (liberation) on crucial issues in social relations. The problem of social relations in question is a political, economic, and socio-cultural issue. Progressive law is not only seen from the law itself but sees it from the social goals it wants to achieve. This paper looks at the progressive legal values in the Constitutional Court's decision in examining Law No. 1/1974 with the consequences that arise from the operation of the law
MARENGGE-RENGGE; UPAYA MEMBANTU KEBUTUHAN KELURGA (Studi Terhadap Perempuan di Pasar Sangkumpal Bonang Kota Padangsidimpuan) Puji Kurniawan
Yurisprudentia: Jurnal Hukum Ekonomi Vol 6, No 1 (2020)
Publisher : Institut agama islam negeri Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (585.543 KB) | DOI: 10.24952/yurisprudentia.v6i1.2544

Abstract

Batak women are very instrumental in helping to improve the family economy by selling small to weeks (parrengge-rengge.) This is due to the low income of the husband, the high level of necessities of life and the cost of children's education and the drive to obtain a more established life. The lack of education coupled with the lack of life skills makes Batak women help families with marreng-gengge. This paper reviews the lives of parrengge-rengge women in helping families.
AKULTURASI HUKUM ISLAM DAN BUDAYA LOKAL Puji Kurniawan
Yurisprudentia: Jurnal Hukum Ekonomi Vol 3, No 2 (2017)
Publisher : Institut agama islam negeri Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (154.41 KB) | DOI: 10.24952/yurisprudentia.v3i2.1518

Abstract

Legal changes connected with the community takes two forms, the first law to adjust to changes in society (social change) in this case the law is passive, the second law of moving society toward a planned change, the law serves as a tool of social engineering / tool engineering community, in the context of this law is active
IMPLEMENTASI AKAD MURABAHAH DI PERBANKAN SYARIAH KOTA PADANGSIDIMPUAN Puji Kurniawan
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 5, No 1 (2019)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v5i1.1716

Abstract

Sharia Bank is one of the financial institutions as an intermediary for financial services in Indonesia, this is recorded in the Law of the Republic of Indonesia Number 7 of 1992 concerning Banking, Law of the Republic of Indonesia Number 10 concerning Amendments to Law Number 7 of 1998 concerning Banking, Law of the Republic of Indonesia Number 3 of 2004 concerning Amendment to Law of the Republic of Indonesia Number 23 of 1999 concerning Bank Indonesia, Law of the Republic of Indonesia Number 3 of 2006 concerning Amendment to Law of the Republic of Indonesia Number 7 of 1989 concerning Religious Courts. All of these regulations are the place to implement the mudarabah agreement in Padangsidimpuan City, which I will describe in the discussion below.
PENGARUH POLITIK TERHADAP HUKUM Puji Kurniawan
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 4, No 1 (2018)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v4i1.1416

Abstract

Islam is the last religion of Allah SWT and the religion that was conveyed to the prophet Muhammad SAW through the angel Gabriel with the aim to change the human nature towards a better side by Allah SWT. Many ways are done by humans to achieve piety at His side or what is also called "politics". Because politics can be interpreted as a way to achieve certain goals. Not a few people consider that politics is something negative that must be shunned. Even though it should not always be like that, even politics is needed in religious life. For this reason, I hope to the reader, hopefully after reading or speaking this article is able to engage in politics in accordance with the Islamic religion
DIALOG AGAMA DAN BUDAYA; MENANGKAL GERAKAN RADIKALISME DI TAPANULI Puji Kurniawan
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 4, No 2 (2018)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v4i2.1428

Abstract

Radicalization can be seen through various media. Some are triggered by religio-political problems, inter-religious interaction and injustice. Religion is often referred to as the dominant factor in committing acts of violence. Religion which initially had a peaceful mission was reduced by acts of violence that were contrary to its teachings. Radicalism or fundamentalism is an interesting religious, social and political issue to study. Radical actions are not only labeled with adherents of Islam, but also followers of other religions such as Christianity, Judaism, Hinduism and Buddhism. Based on historical search, the phenomenon of radicalism is a symptom that occurs in almost all religions.