cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Arifin Abdullah
Contact Email
arifin.abdullah@ar-raniry.ac.id
Phone
+628126925128
Journal Mail Official
jurnal.dusturiah@ar-raniry.ac.id
Editorial Address
Fakultas Syariah dan Hukum Universitas Islam Negeri Ar-Raniry Banda Aceh
Location
Kota banda aceh,
Aceh
INDONESIA
Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial
Published by Universitas Islam Negeri Ar-Raniry Banda Aceh
ISSN : 20889712     EISSN : 2580536     DOI : http://dx.doi.org/10.22373/dusturiah
Core Subject : Economy, Humanities, Social,
Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
Dusturiyah journal accepts manuscripts in Indonesian, English and Arabic with focus: a study of laws and regulations: law, fiqh, Islamic economics, politics and social institution.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 86 Documents
 3   4   5   6   7 
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 Safriadi, Safriadi; Nurdin, Ridwan
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 10, No 1 (2020)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v10i1.7407

Abstract

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). 
TINJAUAN MAQASHID AS-SYARI’AH TERHADAP PERLINDUNGAN ANAK PANTI ASUHAN SITI AISYAH KABUPATEN MANDAILING NATAL Dedisyah Putra; Asrul Hamid
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 10, No 1 (2020)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v10i1.7402

Abstract

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) 
TINJAUAN MAQASHID AS-SYARI’AH TERHADAP PERLINDUNGAN ANAK PANTI ASUHAN SITI AISYAH KABUPATEN MANDAILING NATAL Putra, Dedisyah; Hamid, Asrul
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 10, No 1 (2020)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v10i1.7402

Abstract

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) 
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) Seroja Seroja; Muhammad Iqbal
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 10, No 1 (2020)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v10i1.7501

Abstract

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.  
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) Seroja, Seroja; Iqbal, Muhammad
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 10, No 1 (2020)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v10i1.7501

Abstract

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.  
KESAKSIAN PEREMPUANDALAM QANUN ACEH NO. 7 TAHUN2013TENTANGJARIMAHZINA (PERSPEKTIF HUKUM ISLAM DAN GENDER) KHALIDI, MUHADI
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 10, No 1 (2020)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v10i1.7403

Abstract

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
KESAKSIAN PEREMPUANDALAM QANUN ACEH NO. 7 TAHUN2013TENTANGJARIMAHZINA (PERSPEKTIF HUKUM ISLAM DAN GENDER) KHALIDI, MUHADI
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 10, No 1 (2020)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v10i1.7403

Abstract

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
FAKTOR-FAKTOR YANG MEMPENGARUHI PERILAKU MASYARAKAT ACEH DALAM MEMILIH PRODUK PERBANKAN SYARIAH (Studi Kasus pada PT. Bank Aceh Cabang Banda Aceh) Alfian Alfian; Faisal Yahya
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 10, No 1 (2020)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v10i1.7404

Abstract

 This study aims to determine the factors that influence Acehnese’s behavior in choosing Islamic banking products. In this study the author used descriptive statistical approach with quantitative research method.The primary data were collected by distributing questionnaires to 100customers of Bank Aceh Branch Banda Aceh. In choosing the samples the author used incidental sampling method, which is a sampling technique based on coincidenc, in this technique anyone can be a sample of the study as long as he/she is suitable as a source of data. In analyzing the data, the author used SPSS (Statistical Product and Service Solutions) analysis tools version 20 for windows. The results of this study showed that the religious variable has a correlation value of 0.876, social variable has a correlation value of 0.878, economics variable has a correlation value of 0.869 and geographical variable has a correlation value of 0.860. Overall, it can be concluded that the religious, social, economic, and geographical variables have a positive relationship with the Acehnese’s behaviorin choosing Islamic banking products. 
FAKTOR-FAKTOR YANG MEMPENGARUHI PERILAKU MASYARAKAT ACEH DALAM MEMILIH PRODUK PERBANKAN SYARIAH (Studi Kasus pada PT. Bank Aceh Cabang Banda Aceh) Alfian, Alfian; Yahya, Faisal
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 10, No 1 (2020)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v10i1.7404

Abstract

 This study aims to determine the factors that influence Acehnese’s behavior in choosing Islamic banking products. In this study the author used descriptive statistical approach with quantitative research method.The primary data were collected by distributing questionnaires to 100customers of Bank Aceh Branch Banda Aceh. In choosing the samples the author used incidental sampling method, which is a sampling technique based on coincidenc, in this technique anyone can be a sample of the study as long as he/she is suitable as a source of data. In analyzing the data, the author used SPSS (Statistical Product and Service Solutions) analysis tools version 20 for windows. The results of this study showed that the religious variable has a correlation value of 0.876, social variable has a correlation value of 0.878, economics variable has a correlation value of 0.869 and geographical variable has a correlation value of 0.860. Overall, it can be concluded that the religious, social, economic, and geographical variables have a positive relationship with the Acehnese’s behaviorin choosing Islamic banking products. 
URGENCY OF RUNNING HANDLING IN DIVORCE CASE (Study of the Circuit Court Program at the Jantho Syar'iyyah Court) Misran Misran; Mirza Hazaki
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 10, No 2 (2020)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v10i2.8113

Abstract

According to a 2007 study, the poor face major financial barriers to accessing the Religious Courts relating to court fees and transportation costs to come to court. The Supreme Court responded to these findings by paying great attention to the holding of circuit courts and waiving court fees with the Prodeo process. This response is manifested in the Supreme Court Circular (SEMA) Number 10 of 2010 concerning Guidelines for Legal Aid, which is divided into two attachments, namely attachment A for the General Courts and Annex B for the Religious Courts. Based on data from the Syar'iyah Jantho Court, the divorce case that occurred in Aceh Besar District was classified as high. The divorce rate is the number registered with the Jantho Syar'iyah Court, not including those who are not registered or divorce in secret without being registered with the Jantho Syar'iyah Court. Because traditionally, many people divorce without registering with the Syar'iyah Court, especially those whose social, educational and economic status is middle to lower, coupled with the long distance between their homes and the Syar'iyah Court. Therefore, the problems in this thesis are how the circuit court procedure in divorce cases at the Jantho Syar'iyah Court, how the community's participation in the implementation of circuit courts in divorce cases at the Jantho Syar'iyah Court and how the influence of circuit courts in the social life of the community. With the method of field research (field research) conducted at the Syar'iyah Jantho Court, the result of the research is that the procedure for conducting a circuit court consists of pre-trial stages, namely case registration, appointment of a panel of judges (PMH), appointment of a substitute clerk (PP) and a substitute bailiff. (JSP), Determination of Session Day (PHS), and Summons of the parties. The second stage of the trial is peace efforts, reading of lawsuit / petition, answer-answer, verification, deliberation of the panel of judges, reading of decisions / decisions, implementing the divorce vow and submitting divorce certificates. Insofar as it is implemented, community participation is very high so that it affects public awareness that the termination of a marriage relationship is very important to obtain legal certainty.

Page 5 of 9 | Total Record : 86

 3   4   5   6   7 

Filter by Year

2017 2023


Reset
Filter By Issues
All Issue Vol 13, No 1 (2023) Vol 12, No 2 (2022) Vol 12, No 1 (2022) Vol 11, No 2 (2021): JURNAL DUSTURIAH Vol 11, No 1 (2021) Vol 10, No 2 (2020) Vol 10, No 1 (2020) Vol 9, No 2 (2019) Vol 9, No 1 (2019) Vol 8, No 2 (2018) Vol 8, No 1 (2018) Vol 7, No 2 (2017) Vol 7, No 1 (2017) More Issue