{"title":"PENJATUHAN HUKUMAN KEBIRI KIMIA PADA PELAKU KEJAHATAN PEDOFILIA DALAM PERSPEKTIF MAQASHID SYARI’AH ASY-SYATHIBI","authors":"Sahnaz Kartika, Faisar Ananda","doi":"10.24952/yurisprudentia.v8i1.5743","DOIUrl":"https://doi.org/10.24952/yurisprudentia.v8i1.5743","url":null,"abstract":"The number of cases of sexual violence against children (pedophilia) that did not experience a decline prompted the Indonesian government to pass regulations related to the imposition of chemical castration sanctions on pedophile perpetrators. The existence of these sanctions raises pros and cons in various circles. This study aims to describe the perspective of philosophical normative Islamic law related to the pros and cons of using the maqashid sharia approach of Asy-Syathibi. This research is a qualitative research in the form of literature study. The results of the study concluded that chemical castration sanctions for pedophiles do not contradict and are relevant to the objectives of Islamic law. The punishment is expected to be able to provide a deterrent effect, as well as to function as a preventive against the possibility of repeating the same type of crime.","PeriodicalId":310757,"journal":{"name":"Yurisprudentia: Jurnal Hukum Ekonomi","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134514934","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"ANALISIS IMPLEMENTASI DIGITALISASI PUTUSAN PERADILAN DI DIREKTORI PUTUSAN MAHKAMAH AGUNG REPUBLIK INDONESIA","authors":"D. Rahayu, Al Qodar Purwo Sulistyo","doi":"10.24952/yurisprudentia.v8i1.5736","DOIUrl":"https://doi.org/10.24952/yurisprudentia.v8i1.5736","url":null,"abstract":"Many legal cases have received sharp attention from the public. Both to law enforcement officers, law enforcement institutions, and judges' decisions that are considered \"not fulfilling\" the values of justice for the community. Binziad Kadafi , a member of the Judicial Commission (KY). He revealed that the public has a negative perception of the integrity and inconsistency of judges' decisions. Given the importance of a decision for judges as law enforcers at the forefront, and also considering the importance of a decision as jurisprudence, and also as a form of internal and externaal supervision. The purpose of this research is the author would like to dig deeper into the implementation Digitizing Judicial Decisions in the Directory of Decisions of the Supreme Court. This type of research is classified as descriptive with a qualitative approach. The data sources for this research are judges, advocates, justice seekers and legal sources and legal literature related to this research. Furthermore, the research method used is the distribution of questionnaires to 17 judges located in 5 (five) islands in Indonesia, namely Sumatra, Java, Kalimantan, Bali and Papua. Questionnaires were also distributed to 50 advocates/community seeking justice in the Sidoarjo Religious Court area. Then the data analysis technique in this study was carried out in three stages, namely: data reduction, data interpretation and conclusion drawing and Likert Scale 4 assessment. The results of the study prove that the implementation of digitizing decisions in the Supreme Court Decision Directory is included in the \"Very Good\" category. with the digitization of decisions, it encourages judges to be more thorough, faster, and more efficient in making their decisions. However, there needs to be improvement efforts such as increasing server capacity and also server maintenance .","PeriodicalId":310757,"journal":{"name":"Yurisprudentia: Jurnal Hukum Ekonomi","volume":"104 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133084730","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"PERTANGGUNG JAWABAN PENGEMUDI DALAM HAL TERJADINYA KECELAKAAN MENURUT PASAL 359 DAN PASAL 360 KUHP","authors":"Junus Junus, A. Indrawati, Lucius Andik Rahmanto","doi":"10.24952/yurisprudentia.v8i1.5737","DOIUrl":"https://doi.org/10.24952/yurisprudentia.v8i1.5737","url":null,"abstract":"This study aims to examine how 359 and 360 of the Criminal Code apply to drivers who cause someone to die in a traffic accident. This search is a regular search with descriptive search results. The method used in this search is the legal process for an emerging court, and the data required includes the first data and the second data. The quality assessment system is a systematic review system designed to provide a clear picture of the application of articles 359 and 360 of the Criminal Code in cases of motor vehicle accidents. From the results of the investigation and discussion, it can be concluded that in the case of an accident that causes the death of the victim, legal experts use Articles 359 and 360 of the Criminal Code. The note on negligence applies to the application of the provisions of the criminal law against the negligence of the driver causing the accident. Article 359 of the Criminal Code, \"Anyone who causes the death of another due to his own fault (negligence) is threatened with a maximum imprisonment of five years or one year in prison, namely the indictment was not intentional but negligence and the defendant is the backbone of family life. ","PeriodicalId":310757,"journal":{"name":"Yurisprudentia: Jurnal Hukum Ekonomi","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114508597","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"PEMBERANGKATAN PENGANTIN YANG MEMAKAI PAKAIAN HAJI MENURUT HUKUM ISLAM","authors":"Misbah Mrd","doi":"10.24952/yurisprudentia.v8i1.5742","DOIUrl":"https://doi.org/10.24952/yurisprudentia.v8i1.5742","url":null,"abstract":"This research is motivated by the customs of the Mandailing Natal community regarding the departure of the bride to the groom's house, in this case, the departing bride and groom always wear hajj clothes. This study is also to find out how the perception of the Mandailing Natal community about the departure of the bride and groom who wears hajj clothes according to Islamic law. This research is classified as field research, which uses a number of data collection models, including observation, in-depth interviews, and documentation methods. Seeing from some of the perceptions of the Mandailing Natal community about the Hajj clothes worn by the bride and groom as a prayer for the good of the bride and groom in their marriage, one of the perceptions expressed by the Mandailing Natal community is as follows: Baitullah (Mecca) to perform the Hajj. 2. In addition, the community also uses this dress as a prayer for the formation of the sakinah mawaddah warohmah family. The bride and groom who are sent to wear this hajj dress will forever embrace and hold fast to the religion of Islam, and have common sense even though there will be many trials in the household. 3. The white robe worn by the bride is as holiness, cleanliness and purity, this marriage which symbolizes purity and purity will be a good start for the bride and groom who will build a sakinah mawaddah warahmah family filled with pure, clean and pure love and the turban worn by the bride and groom man is the one symbolizing modesty. 4. The hajj dress is a symbol of the unity of the Muslim ummah. And this signifies their marriage is fortified with symbols of Islamic belief and faith. In the author's opinion, this perception builds benefit for the Mandailing Natal community and does not violate Islamic law at all, nor is it to erode bridal customs in Mandailing but to promote Islamic values within the community itself.","PeriodicalId":310757,"journal":{"name":"Yurisprudentia: Jurnal Hukum Ekonomi","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121474573","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"ANALISIS HUKUM ISLAM TERKAIT AKAD TABARRU’ PADA TRADISI MARPEGE-PEGE DI DESA TORBANUA RAJA MANDAILING NATAL","authors":"Sumper Mulia Harahap, Rajab Ritonga, S. Rohimah","doi":"10.24952/yurisprudentia.v8i2.7641","DOIUrl":"https://doi.org/10.24952/yurisprudentia.v8i2.7641","url":null,"abstract":"The marpege-pege tradition is one of the customs carried out by the people of Torbanua Raja Village in Mandailing Natal Regency. This activity provides financial assistance to people who will carry out the marriage. However, these activities are identical to accounts payable. This means that the person being helped must return the money given to him by another person at another time. This research will describe and analyze the tabarru contract in the marpege-pege tradition carried out by the people of Torbanua Raja village in Mandailing Natal Regency. This type of research is a qualitative type with the form of field studies. In collecting data, researchers conducted observations and interviews. Furthermore, the findings of the data were analyzed descriptively analytic. In conclusion, the tabarru' contract in the marpege-pege tradition carried out by the people of Torbanua Raja village in Mandailing Natal Regency is not completely ideal for a tabarru' contract. This is because in practice, the community still expects a return of money that has been given to other people when they marpege-pege.","PeriodicalId":310757,"journal":{"name":"Yurisprudentia: Jurnal Hukum Ekonomi","volume":"125 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124207910","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Sobhan Sobhan, B. Burhanuddin, Kholidah Kholidah, M. R. M. Ridho
{"title":"AKTUALISASI KEBIJAKAN HUKUM BAZNAS KOTA PADANG TERHADAP PENINGKATAN EKONOMI MUSTAHIK DI KOTA PADANG","authors":"Sobhan Sobhan, B. Burhanuddin, Kholidah Kholidah, M. R. M. Ridho","doi":"10.24952/yurisprudentia.v8i1.5851","DOIUrl":"https://doi.org/10.24952/yurisprudentia.v8i1.5851","url":null,"abstract":"BAZNAS Padang City has compiled several programs to achieve its mission, including Padang Sejahtera by providing business capital assistance to small traders with the aim of improving their welfare. The plan to manage, collect, and invest zakat funds has been carried out properly and professionally by BAZNAS Padang City. Based on the initial survey, it was found that three small traders who received assistance from the Padang City Baznas did not increase their wares from before, even one of them went out of business. The purpose of this study is as an advocacy material related to the management of zakat distribution in an effort to improve the mustahik economy, namely those who are members of the Padang Sejahtera program.This study uses descriptive qualitative analysis methods and data sources to obtain information related to zakat in BAZNAS Padang City. Techniques for collecting data on observing, interviewing, and documenting activities. In order to obtain research results that can be carried out, there is a responsibility that can be carried out by triangulation. Referring to the research activities carried out, the results of the distribution of zakat from BAZNAS Padang City can have a mustahik effect, although not optimal. The zakat assistance given from the Padang City Baznas is very large, so the opportunity for advancement for mustahik is not optimal. Finding funds for the mustahik funding proposal is slow, creating a disappointed attitude towards the mustahik. There is no assistance to mustahik. The Padang City BAZNAS has less than optimal monitoring efforts for mustahik who get a loan from zakat, because there are still mustahik who have fixed assets.","PeriodicalId":310757,"journal":{"name":"Yurisprudentia: Jurnal Hukum Ekonomi","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115162624","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"OJEK ONLINE DALAM BINGKAI HUKUM NASIONAL DAN SYARIAT ISLAM","authors":"Ihsan Helmi Lubis","doi":"10.24952/yurisprudentia.v8i1.5852","DOIUrl":"https://doi.org/10.24952/yurisprudentia.v8i1.5852","url":null,"abstract":"Ojek is one of the modes of transportation that existed since ancient times and is one of the transportation services of people/goods. In Indonesia there are 2 types of motorcycle taxi ojek both conventional and ojek online. The difference is if the motorcycle taxi online, consumers who order ojek service through a smartphone application that is connected to the internet and can be done anywhere either at home, office and so on, whereas if conventional motorcycle taxi can only be found when the consumer look for it at certain points. The purpose of this study is to answer the doubts of the public about the position of motorcycle tax law online both in terms of positive law applied in Indonesia as well as in terms of Islamic Law. The result of this research is that the motorcycle taxi is legally positive allowed or legalized by postprescription operated by President Joko Widodo. Meanwhile, if from the eyes of Islamic Law of ojek online is legalized for bringing goodness from society and country because it can reduce unemployment","PeriodicalId":310757,"journal":{"name":"Yurisprudentia: Jurnal Hukum Ekonomi","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128554699","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"EBA-SP BERDASARKAN PRINSIP SYARIAH","authors":"Syapar Alim Siregar","doi":"10.24952/yurisprudentia.v7i2.5534","DOIUrl":"https://doi.org/10.24952/yurisprudentia.v7i2.5534","url":null,"abstract":"EBA is an investment intrumnet obtained from securitieus that are written in paper in the form of documents and in the form of letters where the results of participation are in accordance with Islamic shariah and do not violate on the law, and only operate in the middle or secondary market in Islamic banking as a means of payment and the public or investorsusing it when the money is no longer stable or maybe the interest rate in one bank is not balanced and has a big influence on investment and state money besides that the partcipationt letter has a lot of of influence not only negative but also positive impacts, for example having coupon offers so that investors are tempted to ionvest and work together. if we look at the income using the capital market this has more related , this has more advantage that will be more related to ojk and provides more goodness, makes everything complete, anda strategy that is in great demand among banks but is basid in sharia by not quoting interest because islam for birds ususry abd interest , the award letter is only issued once so that the negative balance is able to control sharia banking if we look at the case studies in the united states the real studies error is in the understanding of the secondary pattern and the existence of several levels of securities so that it is not balanced and stable and results in a lot of debt.","PeriodicalId":310757,"journal":{"name":"Yurisprudentia: Jurnal Hukum Ekonomi","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130894061","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"PRINSIP GOOD CORPORATE GOVERNANCE DALAM PEMENUHAN HAK PEMEGANG SAHAM MINORITAS MENURUT UNDANG-UNDANG NOMOR 40 TAHUN 2007","authors":"Sindy Meikasari, Rumawi Rumawi","doi":"10.24952/yurisprudentia.v7i2.5033","DOIUrl":"https://doi.org/10.24952/yurisprudentia.v7i2.5033","url":null,"abstract":"Limited Liability Company (PT) is very attractive to investors in the business world. In fact, almost all over the world, the rate of establishment of Limited Liability Companies (PT) is increasing. In Indonesia, the establishment of a Limited Liability Company (PT) by foreign and domestic investors cannot be separated from positive legal regulations. Regarding Limited Liability Companies (PT), it is regulated in Law No. 40 of 2007. It can be said that a Limited Liability Company (PT) is one of the pillars of economic development in Indonesia. Limited Liability Company (PT) was chosen as a form of company, because of its ease of management and transfer of shares. In addition, the Limited Liability Company (PT) also has the status of an independent legal entity. In doing so, there are limited responsibilities for shareholders, Directors and Commissioners. There is also protection for shareholders, both majority and minority. Minority shareholders are usually seen as not having full rights. So, there will be many assumptions about the absence of a right for minority shareholders. In fact, these minority shareholders also have several rights.","PeriodicalId":310757,"journal":{"name":"Yurisprudentia: Jurnal Hukum Ekonomi","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127906120","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"PERLINDUNGAN HUKUM TERHADAP PEKERJA ANAK DALAM PERSFEKTIF UNDANG-UNDANG KETENAGAKERJAAN","authors":"Nurhotia Harahap","doi":"10.24952/yurisprudentia.v7i2.5527","DOIUrl":"https://doi.org/10.24952/yurisprudentia.v7i2.5527","url":null,"abstract":"Discussing about children is a discussion that is always hotly discussed and has never been discussed throughout the history of life. Because children are the nation's generation and will be the successors of development, it means that the generation that has been prepared as a subject is like the implementation of a sustainable building and who will be the holder of control in the future of the State. Therefore, child protection is very meaningful so that the potential of resources and builds real human character towards a just and prosperous society. Related to the discussion about children, it is part of an investment that makes it an indicator of the success of a nation when working on its development in the future. The success of child development will certainly determine the potential of human resources in the future, so that it is the generation that will become the nation's successor so that they must be better prepared and directed from an early age so that they can grow and develop into children who are physically and mentally healthy, advanced, independent. and prosperous, become quality resources and can face challenges in the future.","PeriodicalId":310757,"journal":{"name":"Yurisprudentia: Jurnal Hukum Ekonomi","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122572156","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}