Al-Mizan (e-Journal)

Kedudukan Sidik Jari dalam Proses Penyidikan Tindak Pidana di Kepolisian Resor Gorontalo Perspektif Hukum Islam

Noor Asma, Farhan Nikson Taha — Sat, 31 Dec 2022 00:00:00 +0000

Fingerprints are evidence that can be categorized as evidence of letters and expert statements, even as complementary and supporting evidence in carrying out the investigation process to reveal the perpetrators of criminal acts. The purpose of the article is to examine the position of fingerprints as evidence in the process of investigating criminal acts in Islamic law. In answering these problems, the author uses a qualitative approach, and empirical normative research methods, namely research that uses empirical normative legal case studies of legal behavior products. The results of the research show that in the cases handled by the Gorontalo Resort Police, the accuracy rate reaches 90 percent in collecting evidence and revealing the perpetrators of criminal acts through fingerprint identities. So that the position of fingerprints in identifying victims and perpetrators of criminal acts is very important to uncover and scientifically prove victims and perpetrators, which can be categorized as evidence of expert testimony that provides information from the identification results. The legal consequences that can be caused to perpetrators or defendants who have wrong identities due to incorrectly identifying fingerprints during investigations and investigations in the trial process are charges that are null and void based on article 143 paragraph 3 of the Criminal Procedure Code. Evidence using fingerprints in Islamic law is not directly stated in the evidence, but Islamic law is dynamic according to place and time so that fingerprint evidence can be verified with evidence of instructions (qarinah).

Implementasi Undang-Undang Nomor 23 Tahun 2011 tentang Pengelolaan Zakat Pada Badan Amil Zakat Nasional Kabupaten Polewali Mandar

Salma Salma, Jamaluddin — Sat, 31 Dec 2022 00:00:00 +0000

This study aims to answer questions regarding zakat management strategies at the National Zakat Agency (Baznas) of Polewali Mandar Regency and the implementation of Law Number 23 of 2011 concerning Zakat Management at Baznas Polewali Mandar Regency. This research is qualitative-empirical research using a juridical-sociological and historical approach. Empirical legal research uses secondary data as initial data obtained from primary and secondary legal materials, then followed by primary data or field data obtained from documents, interviews, and observations. The results of the study show that the zakat management strategy at Baznas Polewali Mandar Regency is in line with the spirit mandated by Law Number 23 of 2011 concerning Zakat Management. These strategies are: collaborating with the Polewali Mandar Regency Government, conducting zakat outreach and education, collaborating with religious and community leaders, and forming a zakat collection unit (UPZ), so the implementation of the zakat law has been carried out properly.

Perubahan Kebiasaan Pesta Pernikahan Pada Masyarakat Bolaang Mongondow

Nasruddin Yusuf, Rizal Lahati, Vindri M. Adampe, Faradila Hasan — Sat, 31 Dec 2022 00:00:00 +0000

This article aims to describe the pattern of changes in the habits of wedding parties carried out by the Bolaang Mongondow community. The method used in this study is a qualitative method using an empirical sociological approach. The celebration of the wedding party as a tradition that grows and develops in the community must be in line with Islamic law and the norms in the community. Although currently, its implementation is experiencing obstacles due to cultural acculturation, so it will be difficult to distinguish between right and wrong. From the observations, it is known that the implementation of the wedding party in Bolaang Mongondow is indicated to be forced (lavishly) even though the cost of the wedding party is beyond the ability of the person who carries it out.

Putusan Konstitusional Demokratis Terhadap Sengketa Pemilu Serentak 2024 Perspektif Fiqh Siyasah

Wira Purwadi, Edi Gunawan, Devi Restiani Susilo, Johana Manuhuwa — Sat, 31 Dec 2022 00:00:00 +0000

The Constitutional Court is a judicial institution that has the authority to resolve disputes over general election results. The purpose of this study is to analyze the challenges of the Constitutional Court in producing democratic constitutional decisions on 2024 simultaneous election disputes and to analyze its authority in producing democratic constitutional decisions on 2024 simultaneous election disputes from the perspective of Islamic constitutional law (fiqh siyasah). This type of research is a combination of normative research and empirical law. The results of the research show that the Constitutional Court faces several challenges in the 2024 Simultaneous Elections, namely: readiness to provide optimal service, intense political pressure for the presidential election, time issues and quality of decisions. The decision of the Constitutional Court must truly reflect a fair and just decision within the framework of implementing constitutional democracy. In the perspective of fiqh siyasah, the decisions of the judges of the Constitutional Court must provide a sense of justice for the people, and this is implemented if the constitutional judges have statesmanship, prioritize substantive justice, not become mouthpieces for the law, so that the decisions of the Constitutional Court must uphold constitutional democratic values based on justice. in the name of God Almighty.

Determinasi Illicit Enrichment dalam Upaya Pemberantasan Korupsi di Indonesia

Mohamad Said Al-Hamid — Sat, 31 Dec 2022 00:00:00 +0000

This study aims to elaborate on whether the criminalization of illicit enrichment has the potential to be an efficient and balanced action against corruption crimes, especially by public officials and to offer alternative formulations of illicit enrichment arrangements in corruption law as an effort to eradicate crime corruption in Indonesia. This study discusses the differences in the formulation of offenses in Article 2 Paragraph (1) and Article 3 of Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes illicit enrichment in United Nations Convention Against Corruption (UNCAC) and offer alternative formulations of illicit enrichment in corruption laws. This study uses a normative legal research method with a statutory approach and a contextual approach. The results of the study show that Indonesia has ratified the concept of illicit enrichment in the UNCAC but has not regulated further illicit enrichment in its national law. Even though Indonesia has regulated its provisions in Article 2 and Article 3 of the Corruption Law, these provisions still have weaknesses and have not accommodated the concept of illicit enrichment contained in the UNCAC. Therefore, in the following discussion, the authors offer the illicit enrichment offense formulation as an effort to eradicate corruption in Indonesia.

Status Anak di Luar Nikah dalam Kewarisan Pasca Keluarnya Putusan Mahkamah Konstitusi Nomor 46/PUU-VIII/2010

Muhammad Zul Figgar, Faisal Saidi — Sat, 31 Dec 2022 00:00:00 +0000

This study aims to present the discourse on the Constitutional Court Decision Number 46/PUU-VIII/2010 concerning Law Number 1 of 1s974 concerning Marriage in the context of inheriting children outside of marriage. At the same time, this paper tries to contextualize the problems that arise from Constitutional Court Decision Number 46/PUU-VIII/2010. The method used in this paper is entirely based on literature research without neglecting the existing judge's decisions related to the context of the discussion (jurisprudence) and then analyzed descriptively qualitatively. The results of the study show that Constitutional Court Decision Number 46/PUU-VIII/2010 is a breakthrough in the renewal of marriage law in Indonesia. The Constitutional Court's decision in favor of a child outside of marriage is a middle ground in the debate about how far the status of a child outside of marriage is by the child's inheritance rights. Meanwhile, to a certain extent, the Compilation of Islamic Law (KHI) can also be used as a mitigation tool to ensure that Muslims as a whole are far from adultery and never have sexual intercourse before a legal marriage has taken place.

Relevansi antara Penetapan Pidana Penjara dalam Kebijakan Formulasi dengan Tingginya Kelebihan Kapasitas di Lembaga Pemasyarakatan

Khairil Ikhsan — Sat, 31 Dec 2022 00:00:00 +0000

The policy of determining prison sentences contained in criminal law is one factor in the occurrence of excess capacity in the penitentiary in Indonesia. This research aims to analyze the concept of criminal policy, namely the application of imprisonment in criminal legislation. As normative legal research, this research uses a conceptual approach and legislation. The results of this study conclude that there is a relevance between the occurrence of excess capacity in the penitentiary and the formulation of existing policies in criminal law. The occurrence of overcapacity in prisons is inseparable from criminal law policies that use imprisonment as a threat to crime. The policy formulation for imposing prison sanctions contained in the majority law still adheres to cumulative sanctions, thereby limiting the choices of judges in imposing sentences. When the type of punishment chosen to be threatened with violating the norms of criminal law is imprisonment, it will have implications for increasing acts that are punishable by imprisonment which increases overcapacity in the penitentiary.

Strengthening Interest and Riba in Bank Financial Institutions

Sofhian — Sat, 31 Dec 2022 00:00:00 +0000

This research examines and substantially analyzes the problem of riba from a rational perspective, and at the end of this paper offers a profit-sharing system and profit-sharing system as an alternative solution to the interest system in the transaction system in banks (bank financial institutions). Interest in the study of riba has always been a topic that does not experience saturation and is still very hotly discussed in Islamic economics. This can be seen from the discussion of riba which has always colored the discourse of Muslim thought and debates that have barely found common ground. The results of the study display that the debate on thoughts about riba and bank interest shows that the issue of riba is very closely related to muamalah (economy) issues, especially those that occur in Bank financial institutions. The concept of riba turning into interest cannot be separated from the evaluation of the development of these financial institutions.

The Failure of Mediation in Divorce Cases Handling at Gorontalo Religious Court

Ahmad Faisal — Sat, 31 Dec 2022 00:00:00 +0000

This research analyses the failure of mediation in divorce cases at the Gorontalo Religious Court. This phenomenon is counterproductive to the efforts of the Supreme Court of the Republic of Indonesia to prevent the accumulation of cases and also to ignore religious recommendations for reconciliation when in conflict. This research is qualitative in nature with data collection using observation, interviews and documentation. The data was then analysed critically descriptively. The results showed that mediation failures continued to increase due to technical and non-technical reasons. Technically, the typology of divorce cases generally puts one of the parties (generally the wife) in a difficult position with an accumulation of long-standing disappointment and discomfort. This condition makes it difficult for mediators (both judge mediators and non-judge mediators) to carry out the mediation function. Non-technically, the support system in terms of time, place, process and totality of task implementation (especially for judge mediators) does not appear to be sufficiently supportive. The fact that all judge mediators have not all attended mediator training is another non-technical factor affecting mediation failure. Thus, the failure of divorce case mediation is not caused by a single factor but an accumulation of technical and non-technical factors that are intertwined at the same time. As long as there is no education, advocacy and correction of these two aspects, mediation failures in religious courts will continue to occur.

Tinjauan Yuridis Pelaku Tindak Pidana Inses terhadap Anak di Bawah Umur di Kabupaten Polewali Mandar

Jalil B Jalil B — Sat, 31 Dec 2022 00:00:00 +0000

This study aims to analyze cases of incest crimes against minors with the problem of causal factors and the impact of incest on community life. This research is field research located in Polewali Mandar Regency with primary data sources from the District Court of Polewali Mandar Regency Case Decision Number: 68/Pid.Sus/2020/PN-Pol. While secondary data sources are books, journals, and legislation related to the problem. The data collected was analyzed with descriptive qualitative with a normative juridical approach. The results showed that in handling incest cases against minors, they were prosecuted under Article 294 paragraph (1) of the Criminal Code and Article 295 paragraph (1) item (1) of the Criminal Code. Factors causing incest against minors are caused by internal factors and external factors. Meanwhile, the consequences have short-term and long-term impacts on child victims of incest.

Agama, Kiai, dan Nasionalisme

Andi Muhammad Fuad — Sat, 31 Dec 2022 00:00:00 +0000

Religion and state in Indonesia itself is a separate parts but can be united by referring to several existing concepts so that religion and state, especially Islam, can be united in several things such as tribe, culture, or norms. Islam in Indonesia has long been associated with the State because several elements in Islam can be adopted by the State, for example, nationalism where Islam views nationalism as an important part in the formation of the State of Indonesia and where Kiai plays an important milestone in carrying out nationalism in Indonesia. The research method used in this study is a qualitative research method using a library research approach, The writing method in this paper is a descriptive qualitative method, namely describing a narrative object, with a phenomenological approach, which is related to the phenomena of religion, kiai, and nationalism. The results showed that the relationship between religion, kiai, and nationalism is a relationship that has an important role in building the State so kiai is considered to have an important role in Indonesian independence and the formation of kiai social construction of nationalism.