scholarly journals The Implementation of Child Livelihood Payment after Divorce Occurs in the Perspective of the Shafi` School of Fiqh and Positive Law (Post-Court Judgment Analysis Study in North Sumatra)

Author(s):  
Asmuni Asmuni ◽  
Pagar Hasibuan ◽  
Ahmad Zuhri Rangkuti

As many as 80% of the judges' verdicts at the North Sumatra Religious Court (PA Sumut) were ignored by their former husbands, excluding education and health costs. This study aims: (1) to find out how to pay for children's livelihoods after divorce, from the perspective of the Syāfi`ī school of jurisprudence, (2) to find out how to pay for child support after divorce, with a positive legal perspective (3) to find out how to determine children's livelihoods after divorce from the perspective of the fiqh school of thought Shafi`ī PA North Sumatra. This research uses field research methods by collecting primary data with direct interview respondents, direct observation in North Sumatra PA, collecting closely related data and information, supported by library research methods. This type of research is field research. This research approach is sociological juridical. The nature of the research is descriptive-analysis. The data sources were obtained from primary, secondary and tertiary legal materials. Data collection methods by means of interviews and documentation. Research conclusions: (1) how to pay for child support after divorce from the perspective of the Syāfi`ī school of jurisprudence, namely a) asking or taking the method directly according to the local urf, b) giving it directly by the ex-husband or through a representative according to the local urf, c) filing a lawsuit. (2) The method of paying for children's livelihoods after divorce from a positive legal perspective, namely: a), handing over directly to the mother, b) the Court's decision due to divorce or sue (3) The way North Sumatra PA determines children's livelihoods after divorce, namely through: a) the child's mother, b) a verdict, c) filing a lawsuit.

Author(s):  
Nelvitia Purba Ph.d

Head of North Sumatra High Prosecutor Office stated that in 2016, there was 147 cases of corruption which reached the investigation stage, 72 cases was in ongoing investigation stage, 27 cases was at the stage of prosecution in the police and investigation to prosecutor and 41 cases to be processed and when completed will be delegated to the court. The large number of corruption cases in North Sumatera also made it the second most corrupt province in Indonesia based on the investigation of corruption cases handled by the North Sumatra High Prosecutor. Japan in 2012 was ranked 17th with a score of 74 on a scale of 0 to 100 in the corruption perception index (IPK) based on Transparency International Japan. The soul of samurai has become the most basic value in the context of the famous Japanese culture. The principle of samurai is teaching the values of honesty in life as well as to one self. This is originated from the soul of the samurai which is inherent in the soul of Japanese society. Japan is also known for the culture of shame as one of the prominent elements in raising the nation integrity and dignity to become an excellent nation. This study is an empirical legal research, using primary data and secondary data. The results of the study were analyzed qualitatively. The research found that shame culture of the Malay society is contained in pantun (poetry), poems, phrases and so forth that contain advices and amanah (mandate) to be passed down from generation to generation. The contents are the philosophy of life for the Malay. The contents, among other advice and the mandate include "Obedience to the Law of Shame." The whole advice and the amanah (mandate) are also part of "Tunjuk Ajar" (traditional virtues and teachings) which basically exists in all areas of origin of Puak Melayu in North Sumatra. This can be used as a basis for the prevention of corruption so that this shame culture becomes the foundation in behaving in daily activities.


2020 ◽  
Vol 3 (1) ◽  
pp. 10-17
Author(s):  
Ridzwan Budiadi ◽  
Eriska Englin Sofia Butarbutar ◽  
Rony Parlungutan Tampubolon

The circulation of narcotics is one of the problems that should get more attention in Indonesia, especially in the city of Medan. This study uses the juridical-normative method in explaining research questions. In reinforcing arguments and explanations, researchers used primary data through direct interviews with the North Sumatra National Narcotics Agency (BNN) and secondary through scientific writings, news and official government publications. This paper explains that the government must be able to enforce the law related to the crime of narcotics trafficking, this is due to the large impact that can arise from the destruction of Indonesia's young generation.


2020 ◽  
Vol 1 (1) ◽  
pp. 181-186
Author(s):  
I Gusti Agung Gede Catra Artawan ◽  
I Nyoman Budiartha ◽  
I Nyoman Sutama

Underground water is water that is contained in a layer of soil or rock below the soil surface. This study aims to determine the government's authority in regulating groundwater permits and what are the legal consequences of violating unlicensed groundwater use. The research was conducted using empirical legal research methods, source of the data which was used are primary and secondary sources of legal materials, methods of collecting legal materials using documentation studies and field research, and analyzing legal materials using descriptive analysis methods. The results of this study indicate that the Government's authority in permitting groundwater is regulated in the Bali Governor Regulation Number 5 of 2016 concerning Groundwater Permits, particularly in Article 3 paragraph (1), it is explained that the Governor has the authority to manage groundwater in CAT in the province. In Article 3 paragraph (2), the authority of the Government (Governor) is reaffirmed, including several things, namely: granting permits for groundwater drilling; give permission to extract groundwater; grant permits for the use of groundwater; granting permits for groundwater exploitation; grant permits to groundwater drilling companies; provide guidance, supervise technical investigations and use of Groundwater. As a result of violations of the use of groundwater by violating the parties in accordance with Article 15 paragraph (1) of Law Number 11 of 1974 concerning Irrigation, it is stated that anyone who deliberately runs water and / or water sources business without permission from the Government is punishable by imprisonment. 2 (two) years and or a maximum fine of Rp. 5,000,000 (five million rupiah).


2017 ◽  
Vol 4 (2) ◽  
pp. 234
Author(s):  
Tubus Tubus

This paper aims to examine the making of the contents of wills examined from the point of view of Islamic law, in practice the reality in the lives of many people who have not heed the word basmallah as an incantation in the contents of the will for the followers of Islam. In this study using sociological juridical method, where the primary data obtained directly from field research, while secondary data obtained from the literature. The results obtained that the way of making the contents of the will and the absence of public legal awareness is optimal for the making of the contents of wills in accordance with Islamic law. And there are still weaknesses in the Making and Implementation of the contents of the current will, when the testament is oral, namely: The absence of the sacred intention or the noble intention of the collector must not necessarily occur; unsecured rights of the recipient, in the event of any problems of the future heirs of the pewasiat; there is a difficulty of proof in the absence of witnesses, when the will is brought before the Court. Law renewal in the making of the contents of the will in the presence of a notary in the perspective of Islamic law are: the reconstruction of its value, the Ideal Formation of the Will, the testament is done in writing witnessed by two witnesses and before the Notary. Ideal Construction Format of Testament Creation. The testament is written in the presence of two witnesses or in the form of a Deed or a Notary Deed. At the head of the will or the Deed or Notarial deed is included a sentence “Basmallah”.


Author(s):  
Fauziah Nasution

<p><strong><em>Introduction:</em></strong> <em>The picture message policy on cigarette packets is regulated in Permenkes No. 28 of 2013 concerning the Inclusion of Warnings and Health Information on Tobacco Product Packaging. The purpose of the inclusion of pictorial health warnings (PKB) on cigarette packs is to prevent adolescents from smoking. By looking at the frightening picture on PKB, it hoped that young smokers would be motivated to quit smoking</em><em>. <strong>Method</strong>: This study used a quantitative research approach with a cross-sectional design (cross-sectional) using primary data, this research conducted in Medan City. During January - June 2019. The population in this study were adolescents aged 18-23 years. The sample of this study was 215 teenagers. Data analysis used cross-tabulation descriptive analysis than presented in the form of a frequency distribution table using SPSS 22. <strong>Results</strong>: The results of this study indicate that the majority of respondents have smoking behaviour in the 19-20 year age group. The majority of respondents stated that they smoke 1-5 cigarettes a day. Teens who stated that they were not afraid of the impact of picture messages on cigarette packs had a 3,939 times risk of smoking compared to adolescents who expressed fear of the impact of picture messages on cigarette packs <strong>Conclusion</strong>: It hoped that the government could expand the picture message on cigarette packets to increase the desire to quit smoking and reduce the number of smokers in Indonesia. The image message on cigarette packs must be enlarged in order to reduce smoking behaviour in adolescents.</em></p>


Author(s):  
Audrey M. Siahaan ◽  
Mei Diana N. Siahaan ◽  
Victor H. Sianipar ◽  
Oloan Simanjuntak

This study aims to determine the income of fulltime Grab drivers above or below the UMK applicable in Medan City. Based on the attachment to the Decree of the North Sumatra Governor in Decree Number 188.44 / 674 / KPTS / 2019 to determine the Provincial Minimum Wage and become a reference for determining the City Minimum Wage, the 2020 Medan City Minimum Wage is determined based on the Provincial Minimum Wage reference of IDR 3,222,556.This type of research is a case study conducted in the city of Medan. This study uses primary data in the form of interviews and questionnaires. Secondary data in the form of regulations on the official Grab website. The questionnaire was given to 60 Grab drivers who were at the grab station. The data analysis method used is descriptive comparative method. The results showed that the net income received by fulltime Grab drivers was above the UMK prevailing in Medan City.


2020 ◽  
Vol 4 (01) ◽  
pp. 97-111
Author(s):  
Anwar Zain

Sekolah PAUD Widya Dharma merupakan satu satunya lembaga pendidikan tingkat TK (Taman Kanak-Kanak) yang mempunyai siswa yang berlatar berlakang agama lebih beragam dari sekolah TK. PAUD lainnya di Kota Banjarmasin. Latar belakang agama siswanya tersebut meliputi: agama Islam, Kristen, Katolik, Budha dan Hindu. Prosentasi siswa dari beragam agama tersebut tidak ada jumlah siswa dari beragama yang mendominasi lebih dari 50%. Selain itu juga walaupun para pendiri sekolah ini kebanyakannya dari orang yang beragama Budha, tetapi siswa yang berlatar belakang agama Budha tidak mendominasi secara kuantitas, sedangkan siswa yang beragama Kristen Protestan yang lebih banyak. Secara urutan kuantitas jumlah siswa berdasarkan latar belakang agama terbanyak ialah (1) Kristen Protestan, (2) Islam, (3) Katholik, (4) Budha, dan (5) Hindu. Berdasarkan latar belakang singkat tersebut, maka sangat perlu dan manfaat secara kajian ilmiah untuk diteliti tentang kehidupan toleransi beragama anak dengan anak lainnya yang mempunyai agama berbeda-beda ditingkat TK. PAUD. Oleh karena itu, peneliti memfokuskan penelitian ini kepada strategi penanaman toleransi beragama anak di PAUD Widya Dharma Kota Banjarmasin.  Pendekatan Penelitian menggunakan metode  penelitian  kualitatif  yang dilakukan  dengan  penelitian  lapangan, informan dalam menggali penelitian ditujukan kepada guru-guru agama, dan objek penelitian ini untuk mengetahui bagaimana strategi penanaman toleransi beragama kepada anak-anak yang berbeda-beda agamanya. Teknik penelitiannya dengan melakukan wawancara, observasi dan dokumentasi. Kemudian untuk memvalidasi tingkat kebenaran data tersebut maka dalam hal ini menggunakan teknik triangulasi metode dan sumber. Hasil penelitian menyatakan bahwa strategi penanaman toleransi beragama pada anak usia dini melalui 5 (lima) kegiatan, yaitu (1) Guru mengenalkan sifat-sifat baik. (2) Guru mengenalkan sifat toleransi beragama. (3) Guru memberikan stimulus agar  anak berpikir tentang sifat-sifat baik, 4) Guru memberikan stimulus agar anak berpikir tentang toleransi beragama. (5) Guru membuat anak merasakan  manfaat sifat toleransi beragama. Kata kunci: Strategi Penanaman, Toleransi Beragama, Anak Usia Dini.   Abstract PAUD Widya Dharma School is the only kindergarten level educational institution (Kindergarten) which has students with more diverse religious backgrounds than kindergarten schools. Other PAUD in Banjarmasin City. The students' religious backgrounds include: Islam, Christianity, Catholicism Buddhism and Hinduism. The percentage of students from various religions does not have the number of students from that religion which dominates more than 50%. In addition, even though the founders of this school were mostly Buddhist, students with Buddhist backgrounds did not dominate in quantity, while students who were Protestant Christians were more numerous. In order of quantity, the highest number of students based on religious backgrounds is (1) Protestant Christianity, (2) Islam, (3) Catholic, (4) Buddhist, and (5) Hinduism. Based on this brief background, it is very necessary and beneficial in a scientific study to study the religious tolerance of children with other children who have different religions at the kindergarten level. PAUD. Therefore, the researcher focuses this research on the strategy of internalization children's religious tolerance in PAUD Widya Dharma Banjarmasin City. The research approach used qualitative research methods carried out by field research, informants in exploring research aimed at religious teachers, and the object of this study was to find out how to cultivate religious tolerance strategies for children of different religions. The research technique is by conducting interviews, observation and documentation. Then to validate the level of correctness of the data, in this case using the triangulation technique methods and sources. The results of the study state that the strategy of internalization religious tolerance in early childhood through 5 (five) activities, namely: (1) The teacher introduces good traits, (2) The teacher introduces the nature of religious tolerance; (3) The teacher provides a stimulus so that the child thinks about good traits; (4) Tthe teacher provides a stimulus so that the child thinking about religious tolerance, (5) Teachers make children feel the benefits of religious tolerance. Keywords: Strategy of Internalization, Religious Tolerance, Early Childhood


Author(s):  
Mirza Rahmatillah ◽  
Ridwan Nurdin

The success of developing a village cannot be separated from the role of the Village Head and the entire community. A developed village can be seen from the adequate facilities and infrastructure. The head of government has a big responsibility for the progress of his village in order to create a prosperous society. The formulation of the problem in this study is how the role of the village head in the implementation of development in Li-Eue Village and how the Siyasah Fiqh and Village Law review the role of the village head in the implementation of development in Li-Eue Village. This type of research is classified as field research (field research), which is descriptive analysis, namely research that tells and describes data sourced from primary data through interviews, observations and reports in the form of documents and secondary data by conducting library research in the form of Al- Qur'an, Hadiths, opinions of scholars, laws and regulations, documents and books and other scientific works. Based on the results of the analysis, it can be concluded that the role of the Li-Eue Village head in the implementation of development in Li-Eue Village is generally less than optimal so that it is less trustworthy or responsible for the duties as village head. Judging from the existence of several developments that have not been implemented. And less transparent and less mobilizing community participation. Review of Siyasah Fiqh and Village Law, namely leaders who are less trustworthy and less responsible.


2020 ◽  
Vol 3 (1) ◽  
pp. 104-117
Author(s):  
Ahmad Yani Nasution

This study is entitled "A Review of Maqashid Al-Shari’ah Against the Protection of Orphans' Mental Life in the North Sumatra Governor Regulation No. 6 of 2017 Regarding Orphan Protection". The purpose of this study is First To find out how the protection of life in the Governor of South Sumatra No. 6 of 2017 concerning Protection of Orphans. Second To find out how Maqashid al-Syari’ah review of life protection in the Governor of South Sumatra No. 6 of 2017 concerning Protection of Orphans. In this study the authors used a descriptive analysis technique, which seeks to describe in general the efforts to protect the lives of orphans in South Sumatra local government regulation no 6 of 2017 concerning orphans, as viewed from Maqashid as-Syari’ah from secondary data in the form of books, scientific work of scholars, research results, articles, journals and documents that support this research. In this way the reader will get the results of research on the protection of the lives of orphans in the summit regulation regarding the protection of orphans. After analyzing the Governor's Regulation No. 6 of 2017 the author finally came to the conclusion that in the Governor's Regulation there is the principal of Maqashid Shari'ah, the Hifz Nafs. (preserving the soul). Abstrak Penelitian ini berjudul “Tinjauan Maqashid Al-Syari'ah Terhadap Perlindungan Jiwa Anak Yatimdalam Pergub Sumsel Nomor 6 Tahun 2017 Tentang Perlindungan Anak Yatim”. Adapun tujuan dari penelitian ini adalah Pertama Untuk mengetahui bagaimana perlindungan jiwa dalam Pergub Sumsel Nomor 6 Tahun 2017 tentang Perlindungan Anak Yatim. Kedua Untuk mengetahui bagaimana tinjauan Maqashid asy-Syri’ah terhadap perlindungan jiwa dalam Pergub Sumsel Nomor 6 Tahun 2017 tentang Perlindungan Anak Yatim. Dalam penelitian ini penulis mengunakan teknik analisis deskriptif, yaitu berusaha mengambarkan secara umum tentang upaya perlindungan jiwa terhadap anak yatim dalam Peraturan pemerintah daerah sumatera selatan no 6 tahun 2017 tentang anak yatim, yang ditinjau dari Maqashid as-Syari’ahdari data sekunder yang berupa buku- buku, hasil karya ilmia para sarjana, hasil-hasil penelitian, artikel, jurnal dan dokumen-dokumen yang mendukung penelitian ini. Dengan cara demikian pembaca akan mendapatkan hasil penelitian tentang perlindungan jiwa anak yatim dalam pergub sumsel tentang perlindungan anak yatim. Setelah menganalisa pergub sumsel nomor 6 tahun 2017 akhirnya penulis mendapat kesimpulan bahwa dalam pergub tersebut terdapat pokok maqashid syari’ah yaitu hifz nafs. (memelihara jiwa).


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