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PETITA: Jurnal Kajian Ilmu Hukum dan Syariah (PJKIHdS)
Published by Universitas Islam Negeri Ar-Raniry Banda Aceh
ISSN : 25028006     EISSN : 25498274     DOI : https://doi.org/10.22373/petita.v6i1
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
PETITA journal has aimed to deliver a multi-disciplinary forum for the discussion of thoughts and information among professionals concerned with the boundary of law and sharia, and will not accept articles that are outside of PETITA’s aims and scope. There is a growing awareness of the need for exploring the fundamental goals of both the law and sharia systems and the social consequences of their contact. The journal has tried to find understanding and collaboration in the field through the wide-ranging methods represented, not only by law and sharia, but also by the social sciences and related disciplines. The Editors and Publisher wish to inspire a discourse among the specialists from different countries whose various legal cultures afford fascinating and challenging alternatives to existing theories and practices. Priority will therefore be given to articles which are oriented to a comparative or international perspective. The journal will publish significant conceptual contributions on contemporary issues as well as serve in the rapid dissemination of important and relevant research findings. The opinions expressed in this journal do not automatically reflect those of the editors. PETITA journal have received papers from academicians on law and sharia, law theory, constitutional law, research finding in law, law and philosophy, law and religion, human rights law, international law, and constitutionality of parliamentary products. In specific, papers which consider the following scopes are cordially invited, namely; • Sharia Law • Constitutional Law • International Law • Human Rights Law • Land Property Law • Halal Law • Islamic Law • Sharia Court • Constitutional Court • Refugee Law • Transitional Justice • Trade Law • Regional Law • Institutional Dispute Law • Legal Thought • Law and Education • Humanitarian Law • Criminal Law • Islamic Law and Economics • Capital Punishment • Child Rights Law • Family Law • Anti-Corruption Law • International Trade Law • Medical Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue " Vol 1, No 2 (2016)" : 8 Documents clear
SANKSI HUKUM TERHADAP PERBUATAN LIWATH DENGAN ANAK DI BAWAH UMUR (Studi Perbandingan Undang-Undang Nomor. 35 Tahun 2014 tentang Perlindungan Anak dan Qanun Nomor 6 Tahun 2014 tentang Hukum Jinayat) SAFINAH, SAFINAH
Petita : Jurnal Kajian Ilmu Hukum dan Syariah Vol 1, No 2 (2016)
Publisher : State Islamic University (UIN) Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1013.991 KB) | DOI: 10.22373/petita.v1i2.1307

Abstract

The purpose of this paper was to find out the provisions of the criminal act penalties of liwat (sodomy) against minors under the Act No. 35/2014 on the Protection of Children and the Qanun No. 6/2014 on the Jinayat (criminal acts) Law, and which was more effective between the Act and the Qanun on liwat case. Findings showed that the penalties within the Act No. 35/2014 included imprisonment of at least five (5) years and a maximum of 15 (fifteen) years, and a maximum fine of Rp 5,000,000,000.00 (five billion rupiah). Meanwhile, in addition to the penalties stipulated in the Act, the Jinayat Qanun No. 6/2014 further sentenced the offenders with a whip of at most 100 (one hundred) lashes or a maximum fine of 1,000 (one thousand) grams of pure gold or imprisonment for a maximum of 100 (one hundred) months. Of the two types of these punishments, both carried equal deterrent effects. However, flogging was seen to be more effective in terms of the psychological aspect. Keywords: Legal Sanctions, Homosexuality against Minors
SISTEM PEMELIHARAAN BARANG TEMUAN: Studi Terhadap KUH Perdata dan Hukum Islam MAHFUDHAN, MAHFUDHAN
Petita : Jurnal Kajian Ilmu Hukum dan Syariah Vol 1, No 2 (2016)
Publisher : State Islamic University (UIN) Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (867.765 KB) | DOI: 10.22373/petita.v1i2.1308

Abstract

The regulations on found property are still very obscure within the Indonesian laws as the legal protection in this republican state. To this date, the regulations have no significant contribution to the improvement of the laws. This research on the found property maintenance was aimed at finding out the answer to the basic problems and the output from the theory of the found property, as well as the important basis of the standard rules on the found property, especially in the Indonesian laws. Findings showed that the Civil Code assessed the rights and obligations regarding the found property obtained by the status levels of the objects. On the other hand, in the Islamic law, the main concern was on the right to control and the right to have the objects. In essence, the purpose was to protect a person's rights. This indication could be seen from the Islam’s ways by not distinguishing the identity of the property (i.e. beneficial or not, big or small, valuable or not) and also by paying attention to the status of the person who had found and owned it, as well as the right to control or to be recognized legally for the status of the object in question.
PENGHAPUSAN PRESIDENTIAL THRESHOLD SEBAGAI UPAYA PEMULIHAN HAK-HAK KONSTITUTIONAL Armia, Muhammad Siddiq
Petita : Jurnal Kajian Ilmu Hukum dan Syariah Vol 1, No 2 (2016)
Publisher : State Islamic University (UIN) Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (676.29 KB) | DOI: 10.22373/petita.v1i2.1303

Abstract

The removal of the presidential threshold system, on the one hand, has made a positive impact on the development of democracy in Indonesia. It can restore the basic rights of the citizens in the constitution (remedy of constitutional rights) that had been hurt by the threshold. The advantages include the minor parties’ opportunity to propose their respective presidential candidates and also the prospect of having more diversed presidential candidates. The new system will allow the president to be at ease in carrying out the governmental duties due to the absence of the dominant parties’ intervention in the parliament. However, the weaknesses of the abolition of the presidential threshold should also be of concern because of the vulnerability of individual interests that may be obtained through the presidential nomination. In terms of the national security, there will be an expansion of conflict and criminal acts escalation attributed to the candidates' election. Further, for the efficiency itself, the electoral budget allocation will greatly increase (high cost election). This will nevertheless an issue because such excessive budget allocation may be better supplied to areas that can increase the people’s welfare. Therefore, this assumption needs to be investigated further with in-depth research on the efficiency of campaign funds.
Tinjauan Hukum Islam Tentang Kekerasan Non Fisik Terhadap Anak Dalam Keluarga: Studi Kasus di Gampong Pisang Kecamatan Labuhan Haji Kabupaten Aceh Selatan ENDIRA, NOVI
Petita : Jurnal Kajian Ilmu Hukum dan Syariah Vol 1, No 2 (2016)
Publisher : State Islamic University (UIN) Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (911.709 KB) | DOI: 10.22373/petita.v1i2.1309

Abstract

This paper aimed to find out non-physical forms of violence against children occurring in Kampung Pisang of Labuhan Haji District, South Aceh and the view of Islamic law on non-physical violence against children in the family. Findings showed that the violence against children in the village was caused by the lack of knowledge of the parents, making them easily committed such violence. Most of the violence was non-physical such as parents scolding, cursing, and talking to children with abusive and obscene words that were not appropriate for them. The reason for such violence to happen was largely because the children did not want to do what was told by the parents. In summary, the occurrence of non-physical violence in Kampung Pisang was due to simple problems done by the children.
KAJIAN YURIDIS TENTANG KEWENANGAN MENTERI DALAM NEGERI MENGAWASI DAN MEMBATALKAN QANUN ACEH SUHARDI, SUHARDI
Petita : Jurnal Kajian Ilmu Hukum dan Syariah Vol 1, No 2 (2016)
Publisher : State Islamic University (UIN) Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (792.255 KB) | DOI: 10.22373/petita.v1i2.1304

Abstract

This paper aimed to examine the extent to which the central government through the Minister of Home Affairs monitor and cancel the Aceh Qanun (regional bylaws) and how were the monitoring and cancellation mechanisms of the Qanun as the local regulations with its privilege and exclusivity. The results showed that the monitoring and cancellation of the Qanun by the central government was an error of law. This was because the Qanun was the common legal product of the local executive and legislative, and thus, the cancellation should have been done together with the local government and not unilaterally canceled by the central government. The legal instrument used for the cancellation was the Presidential Decree. In terms of the mechanisms, the central government only focused on the general governance of the Qanun while for the specific areas such as Islamic Sharia, the government monitored and canceled the Qanun through a judicial review by the Supreme Court.
ZAKAT BATU AKIK HASIL TAMBANG MENURUT PERSPEKTIF HUKUM ISLAM (Studi Kasus di Kecamatan Beutong Kabupaten Nagan Raya) RIZKIYALLAH, RIZKIYALLAH
Petita : Jurnal Kajian Ilmu Hukum dan Syariah Vol 1, No 2 (2016)
Publisher : State Islamic University (UIN) Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (887.678 KB) | DOI: 10.22373/petita.v1i2.1310

Abstract

In fiqh (Islamic jurisprudence), some wealth has been imposed zakat such as agriculture, mining, and livestock. In particular, today’s society has also paid zakat on agate mines as practiced by the community in Beutong Sub-district, Nagan Raya District. It is thus interesting to examine more on the agate zakat from the perspective of the Islamic law. The questions posed in this study were whether agate mines shall be imposed zakat according to the Islamic law, how the public perception of the zakat was, and how the zakat payment system of agate and the nisab (the amount of wealth liable for zakat) levels were in the Beutong community. The public perceived that agate could be a useful economic resource, and therefore, the zakat on agate has become compulsory provided that it has come to its nisab. Beutong’s community has followed the rule of zakat by paying the zakat of agate trading. The trade of agate has been subject to zakat when it has reached its nisab of 2.5% and the haul (a full year). .
PENGARUH MUQASHSHA DALAM PIUTANG MURABAHAH TERHADAP PENDAPATAN BAITUL QIRADH BINA INSAN MANDIRI BANDA ACEH JUNITA, IRNI
Petita : Jurnal Kajian Ilmu Hukum dan Syariah Vol 1, No 2 (2016)
Publisher : State Islamic University (UIN) Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (954.17 KB) | DOI: 10.22373/petita.v1i2.1305

Abstract

This paper aimed to investigate the influence of muqashsha in murabaha credit on the revenue of Baitul Qiradh Bina Insan Mandiri Banda Aceh. The results showed that the muqashsha’s influence in Murabaha credit included the reduced amount of the annual revenue set at the beginning whenever the customer made accelerated payment, and every customer who made the acceleration of repayment before the due date of the murabaha product would get muqashsha with discounted price of 60% of the residual margin available. There are two factors causing the customer to make accelerated payment. First, they have sufficient or more funds. Second, they want to return it because they wish to take the next financing. In Baitul Qiradh Bina Insan Mandiri, the muqashsha was provided because most customers intended to make accelerated repayment in order to take the next financing. In this regard, good working relationship could be established between the customers and Baitul Qiradh Bina Insan Mandiri. In addition, the customers also obtained the benefits due to the acceleration of repayment of the muqashsha.
PERBEDAAN ANCAMAN PIDANA BAGI PELAKU LIWAT DEWASA TERHADAP ANAK-ANAK (KAJIAN AYAT (3) PASAL 63 QANUN JINAYAT NO. 6 TAHUN 2014) ASTUTI, ASTUTI
Petita : Jurnal Kajian Ilmu Hukum dan Syariah Vol 1, No 2 (2016)
Publisher : State Islamic University (UIN) Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1124.701 KB) | DOI: 10.22373/petita.v1i2.1306

Abstract

This paper aimed to describe the view of Qanun Jinayat (Criminal Acts Regional Bylaws) No. 6/2014 Article 63 on the perpetrators of liwat (sodomy) between adults with adults and adults with children as well as the ta'zir (punishment administered at the discretion of the judge) that exceeded hudud (punishment for certain offenses that are fixed by the Qur'an or Hadith). The results showed that Qanun Jinayat differentiated the two types of liwat perpetrators because the adults’ penalties have been stipulated in the Sharia law with obvious penalties as in adultery. On the other hand, the perpetrators committing liwat against children were subject to extraordinary violation of Sharia. Therefore, the perpetrators were punished twice as much. The ta'zir penalty may have exceeded the hudud under the basis of the Hadith and also the rules of fiqh (Islamic jurisprudence).

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