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Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan
Published by Institut Agama Islam Negeri Padangsidimpuan
ISSN : 24426644     EISSN : 25805142     DOI : https://doi.org/10.24952/almaqasid.v8i2
Core Subject : Religion, Humanities, Science, Education, Social,
Religion Humanities Library & Information Science Social Sciences Other
Jurnal Al-Maqasid ini merupakan jurnal ilmu kesyariahan dan keperdataan. Jurnal Al-Maqasid: Jurnal Ilmu Kesyariahan dan Keperdataan diterbitkan dua kali setahun yang memuat 10 artikel dalam setiap edisi., Al-Maqasid Journal: Journal of Sciences and Civilization Journal is a journal that aims to become a leading peer-reviewed platform and authoritative source of information. We publish original research articles, review articles, and case studies that focus on the study of literature and civilization. Articles sent have never been published elsewhere in any language nor are they being reviewed for publication anywhere. The following statement describes the ethical behavior of all parties involved in the act of publishing articles in this journal, including writers, editors, reviewers, and publishers (Faculty of Sharia and Padangsidimpuan IAIN Law Sciences). Jurnal Al-Maqasid : Jurnal Jurnal Ilmu Kesyariahan dan Keperdataan adalah jurnal yang bertujuan untuk menjadi platform peer-review terkemuka dan sumber informasi yang otoritatif. Kami menerbitkan artikel penelitian asli, artikel ulasan, dan studi kasus yang berfokus pada kajian kesyariahan dan keperdataan. Artikel yang dikirim belum pernah dipublikasikan di tempat lain dalam bahasa apa pun juga tidak sedang ditinjau untuk publikasi di mana saja. Pernyataan berikut ini menjelaskan perilaku etis dari semua pihak yang terlibat dalam tindakan menerbitkan artikel dalam jurnal ini, termasuk penulis, editor, pengulas, dan penerbit (Fakultas Syariah dan Ilmu Hukum IAIN Padangsidimpuan.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 140 Documents
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PENYELESAIAN DEBITUR GAGAL: ANALISIS PADA KOPERASI SERBA USAHA TUNAS SEJAHTERA BURENGAN KEDIRI PERSPEKTIF HUKUM PERIKATAN Aditya Rahman; Nichatus Sholikah; Sivanaya Nadila Putri; Muhammad Jazil Rifqi
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 9, No 2 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v9i2.8178

Abstract

In an agreement, of course, there are achievement that must be fulfilled by the debtor. But not infrequently there are problems in it. Non-performing financing is finacing for performance  that is jammed, doubtful, or substandard. This article aims to analyze cases of debtors who fail to pay at KSU Tunas Sejahtera and their settlements in various perspectives and various methods used in the settlement process. The method used by the author in preparing this article is descriptive qualitative, where the research is focused on examining the formulation of the problem and in-depth analysis based on various reference sources. In analyzing the settlement of this default debtor case, the authors use several perspectives, namely, the perspective of the debtor's legal engagement, the mediation perspective, the arbitration perspective, the default perspective, from the court's perspective. From the results of the study, the alternative implemented by KSU Tunas Sejahtera in solving problems is to carry out intensive billing, rescheduling, and reconditioning. Of the three alternative solutions above, Tunas Sejahtera KSU has not been able to resolve the problem, there are still many customers who fail to pay and customers are only able to pay half of the installments, namely 200-300 thousand including a 1.7% margin.
Electronic Public Summon In Civil Procedure; In Effort To Quit The Colonial Heritage Bagus Sujatmiko
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 8, No 1 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v8i1.5191

Abstract

The court summon is the first spearhead of the entire trial process, especially for the civil cases. Court summon has an essential role, even the summon process may decide the legitimation of a trial that conducted by the judge. The court summon is conducted in order to inform the parties when they should appear before the judge. It becomes important due to its impact to the parties’ life fate, either its right over goods or its legal status on a family. Therefore, the laws shall ensure that every person shall know whenever their rights being challenged before the court. In civil cases the court summon is regulated under Article 390 HIR (718 RBg), which is one of its kind is known as public summon. The legal basis to conduct the public summon in last 170 years has not been changed, only public summon in certain case that amended, such as in divorce case. Even then, the change does not really change the summoning process, the summoning still conducted by using a announcing paper that put in the government building and announcing through conventional media mass such as newspaper, radio or television. However nowadays, this kind of media has been left by the people, their popularity has been stolen by the internet like youtube, facebook, Instagram and etc. The Supreme Court (Mahkamah Agung, hereafter as “MA”) shall adapt to this era, MA shall re-innovate the way public summon conducted in last 170 years, by using the innovation of the 21th century which is the “internet”, by using the “Electronic Public Summon”
AZAS LEGALITAS DALAM HUKUM PIDANA ISLAM
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 3, No 2 (2017)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v3i2.1467

Abstract

This study is started by a research about the importance of legality principle which is as a prior principle in Islamic civil law. The legality principle is stated by Paul Johan Anselm von Feurbach. At least the legality principle is locked in postulate “mullum dellictum nulla poena sine praevia lege poenali” that there is no criminal offense before the former criminal constitution. And actually Islamic law has adopted this principle formerly. It is proven by the legality principle printed implisitly in Al-qur’an or some hadits.
Radikalisme Atau Tasamuh: Analisis Terhadap Ayat-Ayat Al-Qur’an Tentang Ahli Kitab Muhammad Arsad Nasution
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 5, No 2 (2019)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v5i2.2070

Abstract

This paper describes the verses of the Qur'an relating to Ahl al-Kitab to see the contents of the verses with the interpretation approach. Broadly speaking, the verses of ahl al-kitab are related to the prohibition on choosing ahl al-kitab as the leader, relating to their attitude of dishonesty towards Muslims if they do not convert to their religion, and the mu'amalah relationship between Muslims and ahl al-kitab . The study of these verses shows that these verses do not give a negative tendency towards them but there are things that according to Allah Almighty must be more careful in giving attitude to them, such as the prohibition of choosing non-Muslims as leaders, does not mean the Ummah Islam is allowed to hate them, but they must be respected as creatures of Allah. The prohibition on choosing non-Muslims as leaders is only the political rights of the people which Allah SWT legalizes through his word. Some other verses show the permission to bermu'amalah with them. Therefore these verses describe the relationship of mutual respect for fellow believers. Interpretation between these verses laid the foundation of tasamuh (tolerance) between Muslims and scribes not leading to a radical understanding.
METODE STIFIN SEBAGAI ALTERNATIF DALAM MENCEGAH TERJADINYA PERCERAIAN DI KOTA MEDAN Uswatun Hasanah
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 7, No 1 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v7i1.3814

Abstract

Perceraian menurut ketentuan hukum nasional tidak dapat dilakukan di luar Pengadilan. Artinya bahwa perceraian dikatakan sah apabila diikrarkan di hadapan hakim Pengadilan (Pasal 39 ayat 1 UUP jo Pasal 65 UUPA jo. Pasal 115 KHI). Hal tersebut sesuai dengan prinsip dalam perundang-undangan No. 1 Tahun 1974 tentang perkawinan, yakni salah satu wujud prinsipnya adalah untuk mempersulit terjadinya perceraian. Adapun salah satu upaya untuk mewujudkan prinsip perkawinan adalah melalui Undang-Undang yang mengamanahkan kepada para hakim dalam setiap sidang perkara wajib terlebih dahulu untuk mendamaikan pasangan yang ingin bercerai. Terbukti bahwa setiap pasangan yang ingin bercerai akan melewati proses mediasi terlebih dahulu.
ANALISIS FATWA MAJELIS ULAMA INDONESIA (MUI) DENGAN PENDEKATAN ISTISHAB Agus Anwar Pahutar
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 9, No 1 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v9i1.6981

Abstract

The main issue that is discussed in this paper is istishab. There are two research questions. First, does the Indonesian Ulema Council (MUI) use istishab in issuing its fatwas? If so, Second, on what issues does the Indonesian Ulema Council (MUI) use istishab? The research method is with Library Research. The results of this study show several findings, namely: The Indonesian Ulema Council uses istishab in issuing its fatwas. The use of istishab elements in the fatwa of the Indonesian Ulema Council is in matters of Family Law 1975-2010, there are 10 (ten) fatwas, namely on the issue of mixed marriages, three divorces at once, iddah death, adoption (appointment of children), marriage procedures, Mut'ah marriage, transgender status, inheritance from siblings/brothers with a single daughter, inheritance from different religions, and tourism marriage. Thus, according to the author, the Indonesian Ulema Council still tends to be conservative in issuing its fatwas. This can be seen from the dominance of the istishab method with an attitude that maintains the circumstances, habits and traditions that apply in the past for the present. So, this shows that the influence of the Shafiʻiy school is still very strong in Indonesia. This is evidenced by the fact that when issuing ijtihad in issuing fatwas, the Indonesian Ulema Council still uses istishab as a legal argument or method. Thus, the authors recommend that in issuing fatwas do not tend to be conservative. Because when it dominates, of course it has implications for the development and thinking of Islamic law in general. For example, the thought of Islamic law will find it difficult to move, as if circling in place, in the end Muslims will be considered old-fashioned and backward from other people, because they are considered unable to adapt to the times. Meanwhile, what is expected by the ummah is that MUI can become more innovative on issues that are increasingly complex and global, but without violating the teachings that have been emphasized by the Qur'an and Hadith of the Prophet SAW, in the sense that it must be within the limits set methodologically tolerated, in order to become a bridge for the advancement of the people and nation of Indonesia.
REFORMULASI SISTEM PERENCANAAN PEMBANGUNAN NASIONAL DENGAN MODEL GBHN
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 3, No 1 (2017)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v3i1.1455

Abstract

One of the results of the amendments to the 1945 Constitution is the loss of GBHN as a guideline or direction for the state in the implementation of national development. This GBHN disappeared as the MPR agency changed its duties as a consequence of changing its institutional position from the highest state institution to being a State high institution. As a substitute for GBHN, Law No. 25 of 2004 regulates the National Development Planning System, which states that the elaboration of the purpose of the establishment of the Republic of Indonesia as contained in the Preamble of the 1945 Constitution, is set forth in the form of RPJP (Long Term Development Plan). The RPJP time scale is 20 years, which is then elaborated in the RPJM (Medium Term Development Plan), namely planning with a 5-year time scale, which contains the president's vision, mission and development program, guided by the RPJP. The problem is when the President takes office the period has expired and the new president has been re-elected, so politically the existence of the law on the National Development planning system is very easily changed, adjusting to the president's elected vision and mission.
KONSEP NEGARA MENURUT ABU A’LA AL-MAUDUDI Agustina Damanik
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.v5i1.1720

Abstract

Abu A'la al-Maududi is an accomplished speaker and a very productive writer, especially in the field of religion. In this connection it is important to always observe Abu A'la's views related to politics, the state, and Islam. Not much different from other thinkers. Abu A'la is a great thinker of Islam who is very well known in the Islamic world. Pakistan, more than any Islamic country, faces more interesting problems in its struggle to get its Islamic identity. Since the establishment of an Islamic state in 1947, the Pakistani nation has tried to show its importance in its existence. And the first choice fruit presents two types of modern Islamic states namely Maulana Abu A'la Maududi, a founder of a political organization (Jama'ati Islam) proposing a more traditional theocratic state form, while Fazlur Rahman a professor of Islamic studies from Cambridge University who is also the director of the Islamic Study Board who has the support of the government, provides an overview of a more modern Islamic state based on popular sovereignty. Although in the past Pakistan declared itself to be a Republican state, there was no one that had ever been compiled to implement Islam.In the 1970s, Islam reappeared in political settings in Pakistan and encouraged the emergence of ideas for the establishment of an Islamic government system. General Zia ul-Haq, who seized power from Zulfikor Ali Buttho in 1977, tried to find a legal basis legally for his actions to seize the power, by appealing for the treatment of the Islamic government system. Among the major changes he made was the compilation of a set of Islamic laws as outlined in his provisions entitled the application of the Islamic system. Pakistan's failure to carry out its Islamic group in the field of justice was caused by the attitude of a retired judge B.Z. Kalkaus, who in 1976 filed a petition against the application of the political system and Islamic legal system in Pakistan. And in 1977 when Zia ul-Haq established the "Mahkmah Syar'iyah Judicial System" and appealed to the courts so that all legal regulations were adjusted to the rules of Islamic law. From the description above, the writer can conclude that from the various figures that have been stated, they have their special characteristics. Abu A'la al-Maududi is more traditionalist than Fazlur Rahman. Abu a'la is a reliable politician and also a top class academic whose thoughts are interesting to.
ASAS PERADILAN SEDERHANA, CEPAT DAN BIAYA RINGAN DALAM PERADILAN TINDAK PIDANA KORUPSI DI PENGADILAN NEGERI MEDAN Adi Syahputra Sirait
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 7, No 1 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v7i1.4012

Abstract

This paper aims to analyze and explain how the implementation of the principles of justice is simple, fast and low cost in the trial of criminal acts of corruption at the Medan District Court based on the Supreme Court Decision Number 022/KMA/SK/II/2011 as lex specialis of law number 48 of the year. 2009 where the trial of corruption cases was carried out by the District Court in the Provincial Capital, the Medan District Court became the Court that examined and tried corruption cases that occurred in districts or cities in North Sumatra Province. This paper uses a normative research method with a case approach, the source of this research is information obtained from interviews conducted with prosecutors and lawyers who handle corruption cases tried at the Medan District Court, then the results of these interviews are analyzed using a doctrinal approach or legal theory. So the results of this study indicate that the corruption trial conducted at the Medan District Court on the basis of the Supreme Court's decision does not reflect the principles of a simple, fast and low-cost trial, on the grounds that the trial takes a lot of time and costs so much, plus the trial was lengthy because the defendant was sick so he had to be treated first and the trial was postponed, but the postponement of the trial had to be attended by the prosecutor and lawyers.
DALIHAN NATOLU DAN TRADISI MARGONDANG DALAM PERKAWINAN DI BATAK ANGKOLA Nada Putri Rohana
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 8, No 2 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v8i2.6171

Abstract

Marriage is a crucial thing in the marriage section, this is often considered urgent for every family. Marriage underlies two sides in its implementation, namely between religion and custom. Angkola Batak is one of the regions in Indonesia that has specialties in terms of tradition or culture in carrying out marriages that involve the social system of society and culture. The results of the study indicate that the social system of society that begins with the marriage bond gives rise to a dynamic position or position in the family sphere. This also makes this social system intact and strong to maintain the integrity of a marriage. In addition, the cultural values that exist in the tradition also have a good influence on maintaining the diversity that can be taken from the values that exist in its implementation.

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