AL-SULTHANIYAH

Perlindungan Konsumen terhadap Penyalahgunaan Barcode dalam Pembelian BBM Bersubsidi menurut Fatwa DSN-MUI No. 110/DSN-MUI/IX/2017

2026-01-09T13:48:04+08:00

The misuse of barcode technology in the purchase of subsidized fuel (BBM) is still frequently observed, resulting in losses for consumers. This study aims to examine the protection of consumer rights according to the law in cases of barcode misuse in the purchase of subsidized fuel, based on DSN-MUI Fatwa No. 110/DSN-MUI/IX/2017. The research employs an empirical juridical method with a conceptual approach, in which the collected data were processed and analyzed using qualitative methods. The findings indicate various irregularities in the purchase of subsidized fuel, such as barcode forgery, duplicate barcode usage, and misuse of consumer data. The misuse of barcodes in the purchase of subsidized fuel not only violates positive law but also contravenes Sharia principles. This study emphasizes the importance of protecting consumer rights, including the right to obtain products and services fairly and in accordance with Sharia.

Legalitas dan Implementasi Wakaf Online Menurut MUI Sumatera Utara

2026-01-12T12:05:03+08:00

The implementation of online waqf at the local level currently faces a dual challenge between massive technological adoption and the unpreparedness of legal-administrative aspects. In North Sumatra, although waqf institutions have transitioned to digital platforms, there remains an absence of regional technical fatwas and obstacles in the formal verification of nazhir that may undermine public trust. This study aims to analyze: (1) the perspective of the North Sumatra Indonesian Ulema Council (MUI) regarding the legality of online waqf; (2) the technical implementation at the Darul Waqaf Alhadiy Foundation in Medan City; and (3) the conformity of these mechanisms with both Islamic and positive law. This research employs a juridical-empirical method, with data collected through interviews, documentation, and field observation. The findings indicate that the North Sumatra MUI considers online waqf to be substantively valid as long as it fulfills the essential pillars (rukn al-waqf), although no specific technical guidelines have yet been issued. The Darul Waqaf Alhadiy Foundation has implemented a digital mechanism that fulfills the requirements of electronic sighat (contract), but from the perspective of positive law, the formal legality of the cash waqf nazhir is still under verification by the Indonesian Waqf Board (BWI). The study concludes that although the online waqf mechanism has been fulfilled from a fiqh perspective, formal legalization of nazhir and the issuance of regional technical fatwas are urgently needed to ensure legal certainty and institutional accountability.

Pertanggungjawaban Pidana atas Penyebaran Konten Kekerasan Diplatfrom Roblox di Indonesia

2026-01-16T09:04:32+08:00

The development of online gaming platforms based on user-generated content, such as Roblox, has created broad opportunities for user creativity while simultaneously raising legal issues related to the dissemination of violent content. This study aims to analyze the regulation of criminal liability for the dissemination of violent content on digital game platforms, particularly Roblox, and to examine the Indonesian positive law framework related to this issue. The research employs a normative legal method using statutory, conceptual, and comparative approaches through library-based legal research. The results indicate that Indonesian positive law does not specifically regulate the dissemination of violent content on online game platforms, but such conduct may still fall under general provisions of the Criminal Code, the Electronic Information and Transactions Law, and regulations on electronic system providers. The study also finds normative gaps and potential multi-interpretation in law enforcement practices, highlighting the need for harmonization and more adaptive legal reforms to ensure effective legal protection.

Pidana Mati Perspektif Hukum Islam dan Hukum Nasional

2026-01-16T09:04:30+08:00

This study aims to explain the Islamic legal perspective on the implementation of the death penalty in relation to the principles of human rights. The research employs a library-based method with a normative juridical approach and a prescriptive analysis. The focus of the study lies in the concept of al-maṣlaḥah al-mursalah as the foundational principle of Islamic law in determining capital punishment, particularly within the context of qishash. The findings indicate that the death penalty in Islam is not intended as an act of revenge but rather as an instrument for upholding justice and protecting human life in accordance with the maqāṣid al-syarī‘ah, namely the preservation of religion, life, intellect, lineage, and property. Islam also provides space for forgiveness and reconciliation, reflecting a balance between justice and compassion. Thus, the death penalty in Islamic law possesses strong theological and sociological foundations and remains consistent with humanitarian values and the overarching goal of law to promote public welfare.

Perlindungan Hak Asasi Terdakwa Tindak Pidana Lalu Lintas dalam Sistem Peradilan Pidana di Indonesia

2026-01-16T09:04:28+08:00

This study examines the protection of human rights afforded to defendants in traffic crime cases throughout the stages of the Indonesian criminal justice process. The analysis focuses on the fulfillment of fundamental rights as regulated in the Indonesian Criminal Procedure Code (KUHAP), the Traffic Law, Supreme Court Regulation No. 12 of 2016, and the principles of fair trial. This research employs a normative legal method with statutory, conceptual, and case approaches. The findings reveal that although the normative framework provides guarantees for defendants’ rights, implementation remains suboptimal, particularly regarding the right to legal assistance, the principle of equality of arms, procedural fairness, and proportionality in detention and evidentiary procedures. The study highlights the need for regulatory harmonization, stronger oversight mechanisms, and improved professionalism among law enforcement authorities to ensure effective protection of defendants’ rights in traffic crime cases.

Konsep dan Sistem Pemerintahan dalam Perspektif Islam

2026-01-16T12:17:20+08:00

This study examines the concept and practice of statehood in Islamic thought by exploring the historical, theological, and philosophical foundations that shape the idea of an Islamic state. The discussion covers the characteristics of an Islamic state, its system of governance, and its relevance to modern political systems, particularly within the Indonesian context based on Pancasila. The findings indicate that Islam does not prescribe a fixed form of government but emphasizes universal principles such as justice, consultation (shura), trust (amanah), and public welfare (maslahah) as the foundation of governance. These values are contextual and adaptable, allowing their implementation within modern state systems that uphold pluralism and democracy. Therefore, the ideal state in Islam is not defined by its formal structure but by the extent to which Islamic values are manifested in governance to achieve justice and societal well-being.

Relevansi Filsafat Hukum Islam dan Maqāṣid al-Syarī‘ah dalam Menjawab Isu Modern

2026-01-16T15:54:35+08:00

Islamic law is understood as a manifestation of divine will that is normative and transcendent, while also being realized through revealed texts, scholarly interpretation, social practice, and legal institutions. The concept of maqāṣid al-sharī‘ah emphasizes that the objectives of Islamic law are to preserve five fundamental human interests: religion, life, intellect, lineage, and property, as well as secondary and complementary goals aimed at enhancing the moral and ethical quality of society. This teleological approach allows Islamic law to remain flexible, adaptive, and responsive to social, political, and cultural dynamics. Islamic legal philosophy is also relevant in addressing contemporary issues, including human rights, democracy, and the development of digital technology, through the integration of ethics, the principle of public interest (maṣlaḥah), and maqāṣid-based ijtihād. Accordingly, Islamic legal philosophy functions as both a conceptual and practical guide that bridges divine values, rationality, and contextual needs, ensuring that law remains ethical, progressive, and relevant in the construction of a just and civilized society.

Persepsi Masyarakat Teluk Nibung Kota Tanjung Balai terhadap Istri sebagai Pencari Nafkah dalam Perspektif Hukum Islam

2026-01-26T07:57:18+08:00

This study aims to examine the understanding of the people of Teluk Nibung, Tanjung Balai City, regarding the obligation of providing for the household according to Islamic law. The method used in this study is an empirical approach using interviews and observation. This study was also supported by documentation from the KUA (Office of Religious Affairs) and other religious institutions. The results of the study show that the understanding of the Teluk Nibung community regarding financial support is still limited to basic household needs such as food and shelter. People who have a deeper understanding of religion tend to understand financial support in a broader context, including education and health, and assume that the husband's obligation to provide financial support can be reduced or waived when the wife has an income. This study also reveals irregularities in the provision of nafkah, which are influenced by the family's economic conditions. The conclusion of this study is that the Teluk Nibung community's understanding of nafkah needs to be broadened through more comprehensive and continuous education regarding the obligation of nafkah in Islam.

Pendekatan Sosiologis terhadap Penolakan Pornografi

2026-01-17T04:36:14+08:00

This study examines the rejection of pornography in Indonesia by exploring the Islamic legal, social, and moral dimensions that shape public perception. Pornography is regarded as a form of moral deviation that contradicts prevailing religious, cultural, and legal values. The research employs a qualitative descriptive approach by analyzing Islamic normative sources, legal regulations, and societal perspectives concerning the issue of pornography. The findings indicate that the public’s rejection of pornography is grounded in Islamic teachings that emphasize the importance of preserving dignity and morality, supported by the roles of family, education, and media in fostering ethical values. Therefore, the control of pornography in Indonesia requires synergy between legal, moral, and religious approaches to safeguard social integrity and national ethics.

Gelar Perkara dalam Penentuan Tersangka pada Proses Penegakan UU ITE Perspektif Maqāṣid al-syarī‘ah

2026-01-17T09:09:34+08:00

This study examines the role of case exposure (gelar perkara) in determining suspects in criminal cases related to Information and Electronic Transactions (ITE) through the lens of maqāṣid al-syarī‘ah to achieve justice. Maqāṣid al-syarī‘ah refers to the fundamental objectives of Islamic law, which aim to protect five essential aspects: religion, life, intellect, lineage, and property. This research provides an in-depth analysis of how case exposure influences the fair determination of suspects in the context of ITE criminal offenses. By understanding the principles of maqāṣid al-syarī‘ah, the study seeks to develop a conceptual framework that guides law enforcement in suspect determination, emphasizing universally recognized principles of justice while ensuring that legal processes align with the moral and ethical values upheld in Islam. It is expected that this research will make a significant contribution to promoting justice in handling ITE criminal cases, in harmony with universal principles and the high values of sharia.

Analisis Yuridis Praktik Top Up Game Online Anak di Bawah Umur Perspektif Maqāṣid al-Syarī‘ah

2026-01-23T14:34:10+08:00

The rapid growth of the online gaming industry has led to an increasing practice of online game top-ups, including those conducted by minors. This phenomenon raises legal concerns, as minors lack full legal capacity to perform binding legal acts, yet they are actively involved in digital transactions. This study aims to analyze the practice of online game top-ups by minors from the perspectives of positive law and maqāṣid al-sharī‘ah. This research employs a normative-empirical legal method with a qualitative approach, using literature review and interviews as data collection techniques. The findings indicate that online game top-ups conducted by minors potentially involve legal defects due to the absence of legal capacity and weak age verification mechanisms on gaming platforms. From the perspective of maqāṣid al-sharī‘ah, such practices tend to conflict with the objectives of protecting wealth (ḥifẓ al-māl) and intellect (ḥifẓ al-‘aql), as they may encourage consumptive behavior and dependency among minors. This study emphasizes the need to integrate positive law and maqāṣid al-sharī‘ah to strengthen child protection in digital transactions.

Pengaturan Pemusnahan Barang Bukti Digital Berupa Akun Elektronik dalam Sistem Peradilan Pidana di Indonesia

2026-02-07T13:01:58+08:00

The development of information technology has introduced a new form of evidence in criminal proceedings, namely electronic accounts that serve as instruments, means, or proceeds of crime. However, Indonesia’s criminal justice system still lacks clear and comprehensive legal provisions regarding the destruction of electronic accounts as digital evidence. Existing regulations in the Criminal Procedure Code (KUHAP), the Electronic Information and Transactions Law (ITE Law), Government Regulation No. 71 of 2019, and other technical provisions have not explicitly defined the concept, authority, or procedure for such destruction. This regulatory gap creates legal uncertainty, inconsistent practices among law enforcement agencies, and potential violations of privacy rights. This study employs a normative juridical method with statutory, conceptual, and case approaches to analyze the adequacy and coherence of current regulations. The findings highlight the need for a reformulation of criminal law policy to establish a prudent, procedurally just, and forensically accountable mechanism for destroying electronic accounts while ensuring data protection and safeguarding citizens’ privacy rights in the digital era.

Pengaturan Pidana terhadap Perbuatan Asusila Sesama Jenis dalam Delik Perzinaan di Indonesia

2026-02-08T10:34:02+08:00

This study aims to analyze the criminal law provisions concerning same-sex immoral acts within the context of adultery offenses in Indonesia, particularly in light of the reform of national criminal law under the 2023 Criminal Code (KUHP). The research employs a normative legal method with statutory, conceptual, comparative, and case approaches. The findings indicate that neither the old nor the new Criminal Code explicitly criminalizes sexual orientation or consensual same-sex relations between adults. The new Criminal Code instead broadens the scope of morality-related offenses through Articles 411 and 414, emphasizing the protection of morality, public order, and the institution of marriage, while restricting enforcement through the mechanism of an absolute complaint (delik aduan absolut). The legal implications demonstrate the state’s attempt to balance public morality with respect for human rights, although the potential for indirect discrimination remains in legal practice.

Adat Berguru Pranikah pada Suku Gayo di Desa Serule Kayu Kecamatan Bukit Perspektif Maṣlaḥah Mursalah

2026-02-12T18:59:34+08:00

This study examines the edet beguru tradition among the Gayo ethnic community in Serule Village, Bener Meriah Regency. Edet beguru refers to the practice of giving advice, guidance, and moral instruction to the bride and groom as preparation for building a harmonious household. This research employs an empirical approach conducted in Serule Village, Bener Meriah. Data were collected through observation and interviews with traditional leaders, religious scholars, and local residents, and analyzed using the Ushul Fiqh framework with the maṣlaḥah mursalah method. The findings indicate that the traditional wedding ceremony of the Gayo community in Serule Village consists of twelve stages, including munginte, sesuk pantang, teniron, iserahan ku guru, sedelung, nik mas, sawah ukum, mah bai, dalem, membilang emas, beru, and mah beru. The edet beguru tradition is carried out in two forms: one day before the ijab kabul or on the wedding day before the marriage contract. This procession serves as moral and religious education, covering creed, ethics, customs, and the rights and obligations of the couple. Based on maṣlaḥah mursalah analysis, edet beguru is considered sunnah (recommended), originally mubah (permissible), as it contains significant social and spiritual benefits.

Money Politics sebagai Kejahatan Pemilu Ditinjau dari Hukum Pidana Islam

2026-02-15T00:44:57+08:00

Electoral crimes such as vote-buying and vote manipulation are serious offenses that undermine the democratic process and harm the fairness of elections. In positive law systems, perpetrators of these crimes face criminal penalties such as fines, imprisonment, or disqualification. Meanwhile, in Islamic law, such actions are viewed as forms of betrayal (khiyanah) or bribery (risywah), which may be subject to ta'zir punishments according to the judge's discretion. This study aims to compare the sanctions imposed by positive law and Islamic law on electoral crimes, as well as the moral and spiritual consequences faced by the perpetrators. The method used is a literature review of various sources of positive law and Islamic texts. The findings reveal that both positive law and Islamic law emphasize the importance of safeguarding the integrity of elections, with strict worldly penalties and warnings of severe consequences in the afterlife. Islamic criminal sanctions for perpetrators of election crimes be in the form of ta’zir, which is given at the discretion of the judge or ruler, such as fines or imprisonment. This research contributes to the understanding of election crimes from the perspective of Islamic criminal law, because ta'zir is a flexible criminal act and offers conflict resolution.

Analisis Maqāṣid al-Syarī‘ah terhadap Laki-Laki yang Meninggalkan Salat Jumat karena Menjaga Keamanan Kendaraan Jamaah

2026-02-13T13:12:56+08:00

Friday prayer is obligatory for adult Muslim men; however, in several major mosques in the city of Medan, security personnel are unable to perform it because they are assigned to guard the congregants’ vehicles. This study aims to analyze the legal status of this practice within the framework of the objectives of Islamic law. The research employs a qualitative method with a case study at three mosques in Medan, using observation, interviews with security personnel, mosque administrators, and religious figures, as well as normative analysis based on fiqh and Maqasid al-Shariah. The findings indicate that the duty of guarding vehicles may constitute a valid legal excuse (‘udhr shar‘i) when it concerns public welfare, when no effective substitute is available, and when there is a real potential for harm if the duty is neglected. These findings affirm the relevance of contemporary social practices to the principles of Maqasid al-Shariah in the protection of property (ḥifẓ al-māl) and, in certain circumstances, the protection of life (ḥifẓ al-nafs), while also highlighting the need for structured mosque management.

Perlindungan Privasi Pejabat Publik berdasarkan Undang-Undang No. 14 Tahun 2008 Tentang Keterbukaan Informasi Publik Perspektif Siyāsah Dustūriyyah

2026-02-13T21:36:04+08:00

This study examines the principle of public officials’ privacy protection from the perspective of siyāsah dustūriyyah, focusing on the balance between the right to public information and the individual’s right to privacy. The research employs a qualitative approach with a juridical-normative type of study. It integrates the analysis of legal norms contained in Law Number 14 of 2008 on Public Information Disclosure with the Islamic constitutional political concept of siyāsah dustūriyyah. The statute approach is applied to examine the legal provisions governing the boundaries of openness and privacy protection, and the conceptual approach to explore the concepts of sitr (protection of honor), maṣlaḥah (public interest), and information ethics in Islamic governance. The findings indicate that transparency serves as a form of public accountability that must be implemented proportionally without violating officials’ privacy rights. From the siyāsah dustūriyyah perspective, protecting the privacy of public officials constitutes an effort to uphold human dignity and a manifestation of justice and public welfare within a civilized Islamic governance framework.

Analisis Yuridis Putusan Nomor 18/G/2025/PTUN.MDN dalam Memutus Sengketa Pemberhentian Tidak Dengan Hormat Anggota Kepolisian Perspektif Siyāsah Qaḍā’iyyah

2026-02-15T00:48:51+08:00

Dispute of dishonorable discharge of police members, with a study on Decision Number 18/G/2025/PTUN.MDN, The main focus of this research is where the plaintiff objects to the procedure and substance of his dismissal. This research aims to determine the legal considerations of the Medan PTUN panel of judges in deciding the PTDH dispute of police members in decision number 18/G/2025/PTUN.MDN from the perspective of siyāsah qaḍā’iyyah. The research method used is normative legal research with a statutory approach and a conceptual approach. Data were obtained through a literature study of relevant laws and regulations and fiqh siyāsah literature. The Medan PTUN decision in this case still raises legal debate because it does not consider the procedural and substantial aspects of the dismissal of Polri members. This research contributes to improving the practice of administrative justice in Indonesia, especially in Polri personnel disputes

Penentuan Upah Profesi Penggali Kubur di Tanah Wakaf Pemakaman Bajak 1 Simpang Marindal Perspektif ‘Urf

2026-02-24T00:47:03+08:00

In Progres

The Urgency of Law Enforcement Against Overclaiming Skincare Products on Social Media in the Perspective of Law Number 8 of 1999 concerning Consumer Protection

2026-02-27T10:18:12+08:00

The skincare industry is growing rapidly in the digital era, particularly through promotions on social media, which often utilize marketing strategies involving excessive claims. This phenomenon raises legal issues because it can mislead consumers and violate their rights. This study aims to analyze the urgency of law enforcement against the practice of overclaiming skincare products, focusing on Law Number 8 of 1999 concerning Consumer Protection. The research method used is normative juridical, with a statutory approach, legal literature, and case analysis. The results show that although regulations explicitly prohibit misleading advertising, law enforcement still faces obstacles, including weak oversight in the digital realm and low consumer legal literacy. Therefore, strengthening regulations, optimizing the role of supervisory institutions, and increasing consumer awareness are crucial aspects in realizing effective legal protection. This study concludes that consistent and adaptive law enforcement is an urgent need to address the dynamics of skincare product marketing in the digital era.

Sosialisasi Ragam Profesi dan Peran Aparat Penegak Keadilan di Indonesia

2026-03-02T21:00:52+08:00

This Community Service Program (PKM) aims to enhance legal awareness and understanding among high school students of Provinsi DKI Jakarta through socialization activities introducing various legal professions and the roles of law enforcement officers in Indonesia. The program employed an interactive socialization method involving presentations, discussions, and Q&A sessions. The results indicate an improvement in students’ knowledge of the legal system and a growing interest in legal professions. Referring to Soerjono Soekanto’s Theory of Legal Awareness, this activity contributes to strengthening the two initial indicators of legal awareness—legal knowledge and legal understanding—which may foster positive legal attitudes and behavior in the future. Thus, this PKM serves as a strategic initiative to cultivate a legal culture among the younger generation.

Urgensi Pengaturan Sita Aset Perkara Pidana Korupsi dalam Rangka Pemulihan Aset Negara

2026-03-05T16:44:44+08:00

Corruption in Indonesia has transformed into an extraordinary crime that systemically destroys the state's economic structure. Despite a high rate of law enforcement actions, the level of asset recovery remains very low compared to the total state financial losses incurred. This research aims to analyze the urgency of updating the legal framework regarding asset confiscation in corruption cases in Indonesia. The method used is normative juridical research with statutory and conceptual approaches. The findings indicate that the current asset confiscation regulation, which relies on the Criminal Procedure Code (KUHAP), focuses solely on evidentiary purposes (corpus delicti) and requires an in personam claim, making it inadequate for the optimal recovery of state losses. Furthermore, there is a disharmony of norms between the KUHAP, the Anti-Corruption Law, and bankruptcy law, which frequently hinders the asset execution process. Therefore, legal reformulation through the adoption of the Non-Conviction Based (NCB) Asset Forfeiture principle is an absolute necessity. This concept allows for asset confiscation without waiting for a criminal conviction against the perpetrator and is proven to be in line with international standards such as UNCAC and FATF. This research concludes that the enactment of the Asset Confiscation Bill is highly urgent and must be accompanied by institutional legal harmonization and mechanisms to protect the civil rights of good-faith third parties.