Jurnal Ilmu Hukum Tambun Bungai

REGULATION AND SIGNIFICANCE OF SHARIA ECONOMIC DISPUTE RESOLUTION IN RELIGIOUS COURTS

Heris Suhendar — 2023-12-07

Religious courts have a function as actors of independent judicial power at the first level to administer justice to uphold law and justice. To carry out their functions, religious courts are given the duty and authority to examines, decide and resolve cases at the first instance between people of the Islamic faith, one of which is in the field of sharia economics. The urgency of this research is to explain and analyse the implementation of Radbruch's legal objectives in the trial process, so as to produce a fair and certain court decision. Therefore, this research aims to examine the regulation and significance of the settlement of sharia economic disputes in the Religious Courts. This research is a doctrinal research that examines the law conceptualised as a rule, using conceptual approaches and legislation. The results of the study found that: 1) the regulation of economic dispute resolution comes from legislation, customs, and jurisprudence; and 2) the significance of sharia economic dispute resolution in the Religious Courts, namely the obtaining of justice, finality / usefulness, and legal certainty for the justice-seeking community.

OPTIMIZING MEDIATION AS AN EFFORT TO SETTLE MARITAL DISPUTES IN COURT

Akhmad Kamil Rizani — 2023-12-07

This study discusses the Optimization of Mediation in the Resolution of Marriage Disputes in Court. Marriage is an essential event in human life as a legal and religious act. Along the household's journey as husband and wife, it is not uncommon for differences of opinion or principles between husband and wife to occur, which end up threatening the integrity of a marriage. Mediation as one of the Alternative Dispute Resolution (ADR) is seen as a humanist and equitable way of resolving disputes. Humanist because the decision-making mechanism (peace agreement) is the authority of the parties to the dispute and maintains good relations. Fair because each party negotiates options for resolving the problem. Divorce cases in religious courts are first required to be mediated; Mediation is carried out to resolve problems to reconcile the husband and wife. This study uses a normative juridical research method using a statutory approach that focuses on optimizing Mediation in the Resolution of Marriage Disputes in Court. The result of this study is that the optimization of Mediation in court cannot be separated in several ways, namely the Supreme Court, as part of law enforcement, which issued PERMA No. 1 of 2016 concerning mediation procedures in court, is the right step in resolving disputes, especially marital disputes. In addition, the role of competent mediators, cooperative parties, and reasonable legal culture.

Keywords : Optimization, Mediation, Marriage Dispute

LEGAL PRACTICE OF CHILD ADOPTION IN THE COMMUNITY OF LANGSA CITY

Zulfikar Zulfikar — 2023-12-07

The legal practice of adopting children carried out by some people in Langsa City also causes ambiguity in the process of making birth certificates, which is stated in Presidential Decree Number 25 of 2008 Article 87 Paragraph 2 concerning Requirements and Procedures for Population Registration and Civil Registration. After researchers conducted initial research on employees at the Population and Civil Registration office, they said that civil registration can only process birth certificates for adopted children if there is a court order, and so far no one has regulated otherwise.This type of research is Descriptive Analytical research, namely research that can provide an overview or explanation of the results obtained through data obtained from the field regarding several cases of child adoption in Langsa City. Therefore, the urgency of carrying out this research by the researchers themselves is to provide legal certainty and facts that actually occur regarding the requirements for making a birth certificate for an adopted child as a mandatory requirement that has been regulated in the Presidential Regulation in registering an adopted child.

HACKING AS A CHALLENGE FOR CHANGE AND THE DEVELOPMENT OF CYBER LAW IN INDONESIA

Jay Sadikin Abdul Azis Mandala Putra — 2023-12-07

This research explores the legal provisions for hacking as a cyber crime in Indonesia with a focus on the legal framework for hacking, criminal acts of hacking, and the challenges faced in dealing with changes and developments in cyber law. Indonesia's hacking legal framework, which primarily consists of the Information and Electronic Transactions Law (UU ITE), creates an important legal foundation for dealing with hacking. However, there are shortcomings in legal provisions that must be updated regularly to keep up with technological developments and increasingly sophisticated hacking tactics. This research aims to analyze the legal provisions that regulate hacking as a cyber crime in Indonesia. This includes an understanding of relevant legislation, the implementation of the law, as well as the obstacles faced in law enforcement related to hacking. This research uses normative legal research methods. By understanding the legal framework for hacking, criminal acts of hacking, and the challenges of changing cyber law in Indonesia, this research aims to provide deeper insight into how this country faces the threat of hacking in an increasingly complex digital era. With ongoing improvements in the legal framework, increased law enforcement capacity, and better public awareness, Indonesia can be more effective in protecting its society and digital infrastructure from the threat of cybercrime.

EXPLORING THE PHILOSOPHY OF SALAM, MURABAHAH, AND ISTISHNA AGREEMENTS IN SHARIA ECONOMIC LAW: PRODUCER PROTECTION AND ECONOMIC GROWTH

Zaimmudin Asmawi — 2023-12-07

This research investigates the basic ideas behind Salam, Murabahah, and Istishna contracts in Islamic economic law, as well as how they can be used to protect producers and promote economic expansion. The research reveals that Salam, Murabahah, and Istishna contracts can protect producers through prepayment mechanisms, transparency of costs and profits, and flexibility in fulfilling customer wishes. This research was conducted through an analysis of existing literature. This protection can impact economic development by assisting producers in increasing their output, encouraging innovation, and improving overall efficiency. The findings of this study significantly affect the application of Islamic economic theory and public policy, and they call for further investigation into how Salam, Murabahah, and Istishna contracts can be utilized in real-world situations.

THE PHENOMENON OF GHOSTING IN THE FAMILY AND THE CONCEPT OF MAFQUD IN ISLAMIC LAW

Faiz Nashrullah — 2023-12-10

In recent years, a new phenomenon has emerged in society that is interesting to study, namely Ghosting. This phenomenon means the sudden disappearance of someone who is in a relationship with someone else without any previous reason or explanation. This practice is considered normal by society because it is generally carried out by young couples whose bond is limited to mutual liking and love. However, problems will arise if ghosting is carried out by couples who are already bound by a marriage contract, because it will have a more complex impact on the family. Islamic law has made provisions regarding missing persons in the concept of mafqud, although it cannot be completely equated with the phenomenon of ghosting. The type of research in this article is normative research combined with a conceptual and comparative approach. The results of this research reveal that Ghosting in the family has several similarities with couples who are mafqud or declared missing in discussions of Islamic marriage law, namely that they are both considered missing and have left the family. However, the motives and intentions of ghosting perpetrators are different from those of people who are considered mafqud in Islamic law, so the legal implications that arise between ghosting perpetrators and people who are mafqud cannot simply be equated, a more in-depth analysis is needed in studying about ghosting and mafqud