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<![CDATA[HUKUMAN TINDAK PIDANA PENIPUAN DENGAN MENGGUNAKAN IDENTITAS PALSU DITINJAU DARI HUKUM ISLAM (Analisis Putusan Nomor 164/Pid. B/2016/PN. Bna) ]]>
<![CDATA[Munanda Munanda]]>;
<![CDATA[Kamaruzzaman Kamaruzzaman]]>;
<![CDATA[Riadhus Sholihin]]>
<![CDATA[ Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 10, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Ar-Raniry ]]>
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DOI: 10.22373/dusturiyah.v10i1.7406
<![CDATA[ Fraud using false identities is a criminal offense in the Indonesian legal system. The problem of fraud using this has not been sanctioned or punished in Islamic law so that it becomes something worth examining, considering that in the national legal system this problem is regulated in Article 378 of the Criminal Code and specifically fraud using false or deceptive identities, moving others to hand over something to him, or in order to give debt or write off receivables. But that does not mean that in Islamic law there is no penalty for fraud using this false identity. The research enrichment in this thesis is a review of Islamic law on judges' decisions and considerations (No. 164 / pid.Bna / 2016 / PN Bna) regarding fraud cases using fake identities. The purpose of this study was to determine the review of Islamic criminal law against perpetrators of fraudulent crimes using fake identities. By using library research methods and using descriptive data, this research is a descriptive analysis that aims to explain data about fraud using fake identities which are then analyzed with theories in Islamic law. The results of the research show that there is a specific and detailed explanation regarding the definition of fraud using fake identity, but in Islamic law there is no penalty for this crime. So see the similarities with the case of Baitul Maal stamp fraud during the time of Umar bin Khattab who punished the perpetrators with ta'zir punishment, whipping 100 times and exiled a year. From the explanation above, it can be concluded that the punishment for fraud perpetrators using fake identities is ta'zir punishment. ]]>
<![CDATA[HUKUMAN TINDAK PIDANA PENIPUAN DENGAN MENGGUNAKAN IDENTITAS PALSU DITINJAU DARI HUKUM ISLAM (Analisis Putusan Nomor 164/Pid. B/2016/PN. Bna) ]]>
<![CDATA[Munanda, Munanda]]>;
<![CDATA[Kamaruzzaman, Kamaruzzaman]]>;
<![CDATA[Sholihin, Riadhus]]>
<![CDATA[ Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 10, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Ar-Raniry ]]>
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DOI: 10.22373/dusturiyah.v10i1.7406
<![CDATA[  Fraud using false identities is a criminal offense in the Indonesian legal system. The problem of fraud using this has not been sanctioned or punished in Islamic law so that it becomes something worth examining, considering that in the national legal system this problem is regulated in Article 378 of the Criminal Code and specifically fraud using false or deceptive identities, moving others to hand over something to him, or in order to give debt or write off receivables. But that does not mean that in Islamic law there is no penalty for fraud using this false identity. The research enrichment in this thesis is a review of Islamic law on judges' decisions and considerations (No. 164 / pid.Bna / 2016 / PN Bna) regarding fraud cases using fake identities. The purpose of this study was to determine the review of Islamic criminal law against perpetrators of fraudulent crimes using fake identities. By using library research methods and using descriptive data, this research is a descriptive analysis that aims to explain data about fraud using fake identities which are then analyzed with theories in Islamic law. The results of the research show that there is a specific and detailed explanation regarding the definition of fraud using fake identity, but in Islamic law there is no penalty for this crime. So see the similarities with the case of Baitul Maal stamp fraud during the time of Umar bin Khattab who punished the perpetrators with ta'zir punishment, whipping 100 times and exiled a year. From the explanation above, it can be concluded that the punishment for fraud perpetrators using fake identities is ta'zir punishment.  ]]>
<![CDATA[PERTANGGUNGJAWABAN PIDANA DAN HUKUM ISLAM BAGI SIPIR YANG MENGEDARKAN NARKOTIKA DI LINGKUNGAN LEMBAGA PEMASYARAKATAN MENURUT PERATURAN MENTERI HUKUM DAN HAK ASASI MANUSIA NOMOR M. HH.16. KP. 05. 02 TAHUN 2011 TENTANG KODE ETIK PEGAWAI PEMASYARAKATAN ]]>
<![CDATA[Safriadi Safriadi]]>;
<![CDATA[Ridwan Nurdin]]>
<![CDATA[ Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 10, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Ar-Raniry ]]>
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DOI: 10.22373/dusturiyah.v10i1.7407
<![CDATA[trafficking of narcotics in Indonesia has penetrated into various living environments such as the work environment. One of them is a Penitentiary. For example, Warden in Jambi Class II A Penitentiary and in Sekayu Penitentiary as well as in several other Correctional Institutions have circulated and smuggled narcotics into Correctional Institutions which causes regulations of the Minister of Law and Human Rights Number M. HH.16. KP. 05. 02 of 2011 Regarding Penitentiary Employee Code of Ethics is not implemented to the maximum. The research question in this thesis is what is the legal responsibility for the warden who conducts narcotics distribution, what are the factors causing narcotics circulation by the warden and how is the view of Islamic criminal law towards the warden who circulates narcotics in prison. In this study the authors used a normative juridical research method that is based on legislation and relevant books. Form of legal liability for Warden who circulates narcotics in LP according to public view as a full responsibility including medeplager (participating) category, according to Law Number 35 of 2009 concerning Narcotics forms of responsibility in the form of criminal threats (death sentence, life sentence, imprisonment) and fines. According to the Regulation of the Minister of Law and Human Rights Number M. HH.16. KP. 05. 02 of 2011 concerning the Penitentiary Employee Code of Ethics is subject to administrative sanctions (terminated) if there is a decision of gingkah. Factors causing the Warden to circulate narcotics in Corrections Institutions are economic factors, the low mentality of the Warden involved, oversight in prison is weak, the number of narcotics addicts who are only in prison without rehabilitation. According to the Islamic Criminal Law the Warden who circulates narcotics in a Penal Institution is liable to a sanction in the form of rahmah ta'īr (bodily punishment, independence, and a fine). ]]>
<![CDATA[PERTANGGUNGJAWABAN PIDANA DAN HUKUM ISLAM BAGI SIPIR YANG MENGEDARKAN NARKOTIKA DI LINGKUNGAN LEMBAGA PEMASYARAKATAN MENURUT PERATURAN MENTERI HUKUM DAN HAK ASASI MANUSIA NOMOR M. HH.16. KP. 05. 02 TAHUN 2011 TENTANG KODE ETIK PEGAWAI PEMASYARAKATAN ]]>
<![CDATA[Safriadi, Safriadi]]>;
<![CDATA[Nurdin, Ridwan]]>
<![CDATA[ Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 10, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Ar-Raniry ]]>
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DOI: 10.22373/dusturiyah.v10i1.7407
<![CDATA[trafficking of narcotics in Indonesia has penetrated into various living environments such as the work environment. One of them is a Penitentiary. For example, Warden in Jambi Class II A Penitentiary and in Sekayu Penitentiary as well as in several other Correctional Institutions have circulated and smuggled narcotics into Correctional Institutions which causes regulations of the Minister of Law and Human Rights Number M. HH.16. KP. 05. 02 of 2011 Regarding Penitentiary Employee Code of Ethics is not implemented to the maximum. The research question in this thesis is what is the legal responsibility for the warden who conducts narcotics distribution, what are the factors causing narcotics circulation by the warden and how is the view of Islamic criminal law towards the warden who circulates narcotics in prison. In this study the authors used a normative juridical research method that is based on legislation and relevant books. Form of legal liability for Warden who circulates narcotics in LP according to public view as a full responsibility including medeplager (participating) category, according to Law Number 35 of 2009 concerning Narcotics forms of responsibility in the form of criminal threats (death sentence, life sentence, imprisonment) and fines. According to the Regulation of the Minister of Law and Human Rights Number M. HH.16. KP. 05. 02 of 2011 concerning the Penitentiary Employee Code of Ethics is subject to administrative sanctions (terminated) if there is a decision of gingkah. Factors causing the Warden to circulate narcotics in Corrections Institutions are economic factors, the low mentality of the Warden involved, oversight in prison is weak, the number of narcotics addicts who are only in prison without rehabilitation. According to the Islamic Criminal Law the Warden who circulates narcotics in a Penal Institution is liable to a sanction in the form of rahmah ta'īr (bodily punishment, independence, and a fine). ]]>
<![CDATA[TINJAUAN MAQASHID AS-SYARI’AH TERHADAP PERLINDUNGAN ANAK PANTI ASUHAN SITI AISYAH KABUPATEN MANDAILING NATAL ]]>
<![CDATA[Dedisyah Putra]]>;
<![CDATA[Asrul Hamid]]>
<![CDATA[ Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 10, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Ar-Raniry ]]>
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DOI: 10.22373/dusturiyah.v10i1.7402
<![CDATA[Among the main objectives of the marriage discourse is to obtain offspring and maintain the survival of Adam's children. Ideally, in every household, every parent is present and can match the child's growth and development. But in reality, there are children who are forced to be sent to an orphanage to be cared for and cared for and fulfilled their needs in order to avoid stranded child victims. This situation is often triggered due to children born into orphans, or orphans, or even orphans who grow up without ever seeing even the faces of both parents, or because of economic factors that make the sianak family decide to place them in care. This situation results in the many we find orphanages and social communities as an extension of the government in protecting and protecting every child abandoned by his parents who are then protected, cared for and cared for. One of them is by the Siti Aisyah Orphanage in Mandailing Natal Regency. The protection offered by Siti Aisyah Orphanage includes; safeguarded and protected by the minds of every child, guarded and guaranteed continuity of education, protected nasab from children who are abandoned by their own parents with good guidance and care, guarded the position of each treasure by managing various kinds of assistance that is fully used to meet all the needs of every child . This paper presents whether the Siti Aisyah Orphanage has carried out child protection in accordance with the review of maqasid ash-shari'ah which has five main main elements: Protection of religion (hifzun ad-din), protection of the soul (hifzun nafs), protection of reason (hifz al-'aql), protection and preservation of offspring (hifz an-nasl) and guarding and protecting property (hifz al-mal) ]]>
<![CDATA[TINJAUAN MAQASHID AS-SYARI’AH TERHADAP PERLINDUNGAN ANAK PANTI ASUHAN SITI AISYAH KABUPATEN MANDAILING NATAL ]]>
<![CDATA[Putra, Dedisyah]]>;
<![CDATA[Hamid, Asrul]]>
<![CDATA[ Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 10, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Ar-Raniry ]]>
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DOI: 10.22373/dusturiyah.v10i1.7402
<![CDATA[Among the main objectives of the marriage discourse is to obtain offspring and maintain the survival of Adam's children. Ideally, in every household, every parent is present and can match the child's growth and development. But in reality, there are children who are forced to be sent to an orphanage to be cared for and cared for and fulfilled their needs in order to avoid stranded child victims. This situation is often triggered due to children born into orphans, or orphans, or even orphans who grow up without ever seeing even the faces of both parents, or because of economic factors that make the sianak family decide to place them in care. This situation results in the many we find orphanages and social communities as an extension of the government in protecting and protecting every child abandoned by his parents who are then protected, cared for and cared for. One of them is by the Siti Aisyah Orphanage in Mandailing Natal Regency. The protection offered by Siti Aisyah Orphanage includes; safeguarded and protected by the minds of every child, guarded and guaranteed continuity of education, protected nasab from children who are abandoned by their own parents with good guidance and care, guarded the position of each treasure by managing various kinds of assistance that is fully used to meet all the needs of every child . This paper presents whether the Siti Aisyah Orphanage has carried out child protection in accordance with the review of maqasid ash-shari'ah which has five main main elements: Protection of religion (hifzun ad-din), protection of the soul (hifzun nafs), protection of reason (hifz al-'aql), protection and preservation of offspring (hifz an-nasl) and guarding and protecting property (hifz al-mal)Â ]]>
<![CDATA[TRANSAKSI PEMBELIAN EMAS NON RIIL DI PT. PEGADAIAN SYARIAH KCP.DARUSSALAM DALAM PERSPEKTIF AKAD BA’I AL-MUQAYYAD (Studi Tentang Cicilan Emas Dan Konsekuensinya Pada Tabungan Emas) ]]>
<![CDATA[Seroja Seroja]]>;
<![CDATA[Muhammad Iqbal]]>
<![CDATA[ Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 10, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Ar-Raniry ]]>
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DOI: 10.22373/dusturiyah.v10i1.7501
<![CDATA[Gold Savings Products of PT. This Sharia pawnshop uses a gold buy and deposit system, Gold sold by the pawnshop is a non-real form of gold, so when buying gold the customer does not immediately get the gold, in this case the customer only sees the value of savings through the account balance on the gold savings account, while gold only known in the form of its value because the physical gold has not been handed over until the price is paid in full and the gold is deposited at PT. Sharia Pawnshop. Based on the description of the background of the problem above, the formulation of the problem that the writer took is: How to Determine the price, the cost of safekeeping and transaction costs on buying and selling gold non-cash at PT. KCP Darussalam Sharia Pawnshop? What are the consequences for the parties in a conditional gold purchase transaction? and How is the validity of buying and selling gold in gold savings products at PT. Pegadaian Syariah KCP Darussalam in the perspective of the contract of Ba'i al-muqayyad ?. To answer this problem, the research method used is a qualitative method that focuses on collecting documentation data, to perfect the documentation data the author also requires interview data. After conducting an in-depth analysis of the focus of the research the author can conclude. Seen from the perspective of the contract of al-muqayyad, buying and selling gold in gold savings products at PT. The KCP Darussalam Sharia Pawnshop is formally valid, because buying and selling is tied to certain conditions such as safekeeping according to Islamic law, in the Hanafiyah school of thought the requirements are those that are in line with the purpose of the transaction. Sasabah gold savings cannot take the gold before the gold installments are sufficient, then the gold must be deposited with the Islamic Pawnshop. However, in essence no gold is stored in all PT. Sharia pawnshop where customers make transactions, if customers want to take gold, gold must be ordered to PT. Antam first ± for a week, then customers are charged a maintenance fee of Rp. 30,000 per year for gold custody that was not actually carried out by PT. Sharia Pawnshop. ]]>
<![CDATA[TRANSAKSI PEMBELIAN EMAS NON RIIL DI PT. PEGADAIAN SYARIAH KCP.DARUSSALAM DALAM PERSPEKTIF AKAD BA’I AL-MUQAYYAD (Studi Tentang Cicilan Emas Dan Konsekuensinya Pada Tabungan Emas) ]]>
<![CDATA[Seroja, Seroja]]>;
<![CDATA[Iqbal, Muhammad]]>
<![CDATA[ Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 10, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Ar-Raniry ]]>
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DOI: 10.22373/dusturiyah.v10i1.7501
<![CDATA[Gold Savings Products of PT. This Sharia pawnshop uses a gold buy and deposit system, Gold sold by the pawnshop is a non-real form of gold, so when buying gold the customer does not immediately get the gold, in this case the customer only sees the value of savings through the account balance on the gold savings account, while gold only known in the form of its value because the physical gold has not been handed over until the price is paid in full and the gold is deposited at PT. Sharia Pawnshop. Based on the description of the background of the problem above, the formulation of the problem that the writer took is: How to Determine the price, the cost of safekeeping and transaction costs on buying and selling gold non-cash at PT. KCP Darussalam Sharia Pawnshop? What are the consequences for the parties in a conditional gold purchase transaction? and How is the validity of buying and selling gold in gold savings products at PT. Pegadaian Syariah KCP Darussalam in the perspective of the contract of Ba'i al-muqayyad ?. To answer this problem, the research method used is a qualitative method that focuses on collecting documentation data, to perfect the documentation data the author also requires interview data. After conducting an in-depth analysis of the focus of the research the author can conclude. Seen from the perspective of the contract of al-muqayyad, buying and selling gold in gold savings products at PT. The KCP Darussalam Sharia Pawnshop is formally valid, because buying and selling is tied to certain conditions such as safekeeping according to Islamic law, in the Hanafiyah school of thought the requirements are those that are in line with the purpose of the transaction. Sasabah gold savings cannot take the gold before the gold installments are sufficient, then the gold must be deposited with the Islamic Pawnshop. However, in essence no gold is stored in all PT. Sharia pawnshop where customers make transactions, if customers want to take gold, gold must be ordered to PT. Antam first ± for a week, then customers are charged a maintenance fee of Rp. 30,000 per year for gold custody that was not actually carried out by PT. Sharia Pawnshop.  ]]>
<![CDATA[KESAKSIAN PEREMPUANDALAM QANUN ACEH NO. 7 TAHUN2013TENTANGJARIMAHZINA (PERSPEKTIF HUKUM ISLAM DAN GENDER) ]]>
<![CDATA[KHALIDI, MUHADI]]>
<![CDATA[ Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 10, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Ar-Raniry ]]>
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DOI: 10.22373/dusturiyah.v10i1.7403
<![CDATA[Abstract; Aceh Qanun Number 7 of 2013 concerning the Jinayat Procedural Law, there is an article which regulates the evidence in the case of jarimah adultery, namely Article 182 paragraph (5) but does not mention the testimony given by women. The formulation of the problem is how Qanun stipulations No. 7 of 2013 concerning the proof in Jarimah Adultery, and how to review the testimony of women in the case of Jarimah Adultery according to the perspective of Islamic Law and Gender. Writing This article is categorized in normative legal research that is a legal research carried out by examining mere literature or secondary data. From the research results obtained reads Article 182 Aceh Qanun No. 7 of 2013 shows that witnesses are evidence. In the context of gender, the testimonies given by women and men are the same. Seeing the testimony as evidence in Islamic law, the differences of opinion between jumhur and Ibn Hazm can be concluded as complementary diversity. The diverse power of witnesses in a case requires that a Judge make a legal discoveryKeywords: Testimony, Women, Jarimah Adultery, Islamic Law, Gender]]>
<![CDATA[KESAKSIAN PEREMPUANDALAM QANUN ACEH NO. 7 TAHUN2013TENTANGJARIMAHZINA (PERSPEKTIF HUKUM ISLAM DAN GENDER) ]]>
<![CDATA[KHALIDI, MUHADI]]>
<![CDATA[ Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 10, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Ar-Raniry ]]>
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DOI: 10.22373/dusturiyah.v10i1.7403
<![CDATA[Abstract; Aceh Qanun Number 7 of 2013 concerning the Jinayat Procedural Law, there is an article which regulates the evidence in the case of jarimah adultery, namely Article 182 paragraph (5) but does not mention the testimony given by women. The formulation of the problem is how Qanun stipulations No. 7 of 2013 concerning the proof in Jarimah Adultery, and how to review the testimony of women in the case of Jarimah Adultery according to the perspective of Islamic Law and Gender. Writing This article is categorized in normative legal research that is a legal research carried out by examining mere literature or secondary data. From the research results obtained reads Article 182 Aceh Qanun No. 7 of 2013 shows that witnesses are evidence. In the context of gender, the testimonies given by women and men are the same. Seeing the testimony as evidence in Islamic law, the differences of opinion between jumhur and Ibn Hazm can be concluded as complementary diversity. The diverse power of witnesses in a case requires that a Judge make a legal discoveryKeywords: Testimony, Women, Jarimah Adultery, Islamic Law, Gender]]>
