ASMUNI, ST., MM
2022 · Article · Open Access
<p><em>The tittle of this research: Istinbat Methods in The Book of Tawdih al-Ahkam Min Bulugh al-Maram was Written By al-Bassam (1346-1423 H). al-Bassam is one of the contemporary Islamic scholar that has succeed in Hadith and Istinbat of the law in his book Tawdih al-Ahkam Min Bulugh al-Maram, before istinbat, al Bassam had arranged Hadith into its tittle (thematic) and then explained the quality of Hadith and its words. The main problem of this research : how are steps and methods of istinbat al-Bassam? How is istinbat of al-Bassam for ikhtilaf problems?. This research is aimed to find out steps and methods of istinbat al-Bassam in law, istinbat al-Bassam in ikhtilaf problems and istinbat al-Bassam toward contemporary problems. The data of this research was collected through library research that emphasize on textual study. And then the data was analyzed by using content analysis to get the conclusion. This research has found out that al-Bassam before istinbat of law, he had arranged Hadith based on its tittle and explained quality and its words. Al-Bassam did istinbat of law from the Hadith by using bayani and istislahi method. And then dealing with ikhtilaf al-Bassam was used to methods ‘ard al-aqwal, munaqasyah al-adillah dan al-tarjih. <strong></strong></em></p>
ASMUNI, ST., MM
2022 · Article · Open Access
<p><em>Obligations of conjugal need by a husband, also with the issue of responsibility and the husband's condition to provided. As a prisoner makes a polemic to be provided obligation of the husband. the loss of independence and restrictions on movement cant liability, for physically and mentally. Through this research there are can be discussed; first, how to implement the obligations of a prisoner's husband's conjugal need, and how to understand of living according to Islamic law views this crucial issue. The aim to find the burden of conjugal need status the implication by a husband, which becomes constrained and then as a prisoner. This study was analyzed using a sociological-empirical approach. The results obtained from this study, there are three typologies in the implementation of livelihood obligations of husbands who are prisoners in Rutan Batusangkar; First, implemented with the business going on, and producing. The second is not implemented, the provision of income is inadequate, and the third is not carried out, the opposite is the case, the wife always spends her husband during the criminal period. The view of Islamic law in this case doesnt contradictions, although other side liability for the husband must be fulfilled. Islam seen this with two legal standing, the first is the obligation to maintain a living on the typology of implementation. Second, conjugal need obligations fall and become debt to the typology of the implementation of less and not implemented. </em></p>
ASMUNI, ST., MM
2022 · Article · Open Access
<p><em>Islamic community is always identical with poverty. This reality seems cannot</em><em> </em><em>be ignored. The fact shows that most of poverty countries come from Islamic</em><em> </em><em>communty. Indonesia as a developing</em><em> </em><em>country is one of poverty countries.</em><em> </em><em>It has a lot of Moslems. However, these are many problem appear,</em><em> </em><em>such as inflation, depreciation, education, and health</em><em> </em><em>problem. As a matter of fact, Islam apposes poverty</em><em> </em><em>there are many ayats and hadits (prophet’swords) state the danger of poverty. This</em><em> </em><em>danger can threat individual as well</em><em> </em><em>as community. And, it can also</em><em> </em><em>threat belief, faith, moral,</em><em> </em><em>throught, and culture.</em></p>
ASMUNI, ST., MM
2022 · Article · Open Access
<p>This research aims to determine species of fruit flies (Diptera: Tephritidae) the attacking orange plantion Rambah Samo District Rokan Hulu Regency. Study was conducted in March to May 2018, using a survey method with technique sampling purposive sampling. The research found 6 species with a total of 236 individuals. The species is Bactrocera umbrosa, B. Carambolae, B. Papayea, B. dorsalis, B. caudata and B. albistrigata. Fruit fly species most widely found was B. carambolae the total number of 80 individiuals, whereas B. umbrosa total number of 24 individual, B. Papayea total number 48 individual, B. dorsalis total number of 7 individual, B. caudata total number of 74 individual, B. albistrigata total number of 3 individual.</p>
ASMUNI, ST., MM
2022 · Article · Open Access
<p><em>The aim of prohibiting usury is to protect people who conduct mu’amalah. Indeed, Al qur’an prohibited it because it is resulted injustice. It is obviously felt in the period of Covid-19 Pandemic. The research purpose was to analyze the problems of applying usury system in banking and to analyze the privileges of prohibiting usury system in banking. The descriptive research was used in this paper. The results show usury systems resulted gaps and injustice. Indeed, it is also caused economic instability. A solution for this problem is profit sharing. This system can bring justice and it will lead into economic equality particularly in the era of Covid-19 pandemic. Therefore, by applying Islamic economic system, the economy is more stable and social welfare can be achieved.</em></p>
ASMUNI, ST., MM
2022 · Article · Open Access
<p><em>In determining the opinion given by BPK, Kabupaten Pasaman Barat obtained an increase in opinion from 2007 to 2011. In determining the opinion given by the CPC in 2007 obtained disclaimer opinion, 2008 disclaimer opinion, 2009 obtained disclaimer opinion, 2010 obtained WDP opinion, and on in 2011 obtained a WDP opinion. Whether by gaining this opinion, the government's financial statements have reflected the report with really good disclosures and whether with the opinion of the West Pasaman district government could change it to be even better or even mediocre. This research is a research using field research research or field research using case study research method at Pasaman Barat Regency Government. The type of research is descriptive analysis because in this research will do an analysis on the level of disclosure of Local Government Financial Report based on the Financial Report of Pasaman Barat Regency Government. The average information disclosure presented in the Local Government Financial Statements per year is quite good, the account details are also quite good, but there are no further standards and rules regarding the breadth of information and account details that should be disclosed in local government financial statements</em>.</p>
ASMUNI, ST., MM
2022 · Article · Open Access
<em>The purpose of this study was to analyze in depth and juridical consideration of the judge in the settlement process petition of Ithbat Waqf in Islamic court of Cilegon case number 281/Pdt.P/2011/Pa.Clg. Moreover, knowing the validity of nazhir and the position of heir of wakif in case petition of Ithbat Waqf that filed to Religion Court of Cilegon number 281/Pdt.P/2016/PA.Clg. This study was conducted in Islamic Court of Cilegon, using normative or doctrinal research method. Data were collected from the document and copy of the decree of Ithbat Waqf petition number 281/Pdt.P/2016/PA.Clg. and than re-check with interviewing judges who examine the cases and other participants that related with these case. The conclutions of this study, in general, the legal considerations of the judges are compliance with the provisions of applicable law example absolute authority, incidental power, Law of Waqf, writtten and witness evidence, changes allotment of waqf. But the considerations still incomplete because it doesn’t mention clearly the articles that used as the basis for deciding case of Ithbat Waqf, formal and material requirement of evidence, legal standing to litigate in case petition of Ithbat Waqf. Nazhir in this case has legal standing to litigate the petition Ithbat Waqf in Islamic court. And the involvement of the heirs in this case as a witness or as an anticipatory effort at a letter date if there is a dispute over land that has gained egal certainty from Islamic Court.</em>
ASMUNI, ST., MM
2022 · Article · Open Access
<em>This study aims to determine the legal review of the implementation of sharia economy qardhul hasan in the distribution of zakat in Baitul Qiradh BAZNAS South Sumatra Province. This study is a qualitative research using descriptive method of analysis, is to explain or describe the research data will be undertaken. This research was conducted in South Sumatra province BAZNAS by way of interviews and analysis of documents obtained investigators from data provided by BAZNAS South Sumatra Province. The results showed that the implementation of qardhul hasan in Baitul Qiradh BAZNAS South Sumatra province is not in accordance with the principles of muamalah because qardhul hasan funds derived from zakat funds were taken from the poor and routed through Baitul Qiradh using contract qardhul hasan to community groups indigent poor, and there is the addition of loan repayment in the form of donation of Rp. 5,000 each month specified in the contract qardhul hasan. To lend to others must meet in harmony and the terms of which the owner of the property was perfect while Zakat is not wholly owned pengelolah zakat (amil) so that the non-fulfillment of the pillars and the terms shahibul maal (owners of capital) and in qardhul hasan should not be any additional loan repayments with reference to the rules of fiqh "Every debt that is interesting benefit, then he riba".</em>
ASMUNI, ST., MM
2022 · Article · Open Access
<p><em>This research was aimed at analyzing the resolution dispute of sharia economic through BASYARNAS in terms of legal certainly, justice, and benefits.</em><em> </em><em>BASYARNAS was born as a response to the development of sharia financial institutions. The verdict issued by the arbitration body (BASYARNAS) is final and binding. In this case whether the dispute settlement through BASYARNAS has reflected the value of legal certainty, justice and expediency. This research is qualitative with normative juridical approach, data obtained from literature study and analyzed qualitatively. The results of this research seen the overlapping law that resulted in confusion on the execution of the decision BASYARNAS. The overlapping law esulted in the non-creation of legal certainty and made it difficult for justice seekers.</em></p>
ASMUNI, ST., MM
2022 · Article · Open Access
<em>The main problem in this research is Payment of Postpaid Electricity Account at PT. PLN Persero Batusangkar According to law Number 08 of 1999 on consumer Protection and Sharia Economic Law. This study aims to determine whether the system of electricity bill payment at PT. PLN Persero Batusangkar has been in line with the existing laws in Indonesia and the view of Islamic Law. Type of research is field research. Data collection techniques used are observation, interviews, and documentation. Data analysis tecnique is done by data reduction, data presentation, and conclusion. From the research that has been done in the field can be concluded in the Aplication of Law Number 08 Year 1999 About Legal Protection Against Consumers in payment of electricity bill postpaind not in line with Law Number 08 of 1999 on the protection of consumer law contained in article 4 letter c stated that the right to information is correct, clear and honest about the condition and guarantee of goods and/or services. And Payment of Postpaid Electricity Account According to Sharia Economic Law is Gharar because Ujrah paid to PT. PLN Persero Batusangkar is not known value by one of the parties and this is not in line with the terms of Ujrah in Ijarah agreement and not fulfillment of one of the pillars in Ijarah agreement, thus the contract is not valid.</em>
ASMUNI, ST., MM
2022 · Article · Open Access
<em>This research is a law research (legal research), and the object of the research is a Shari'ah economic case document for case No. 001/Pdt/Eks/2012/PA.Min., in Pengadilan Agama Maninjau.</em> <em>From these studies the authors found that in the process of execution of </em><em>this case, the court has attempted to implement in accordance with the provisions of the legislations force in Indonesia and the object of the dispute has been submitted to the winner of the auction, executed forced out of the object of execution, although the execution still in debating about the capacity and authority of religious courts in carrying out executions Hak Tanggungan for islamic banking in Indonesia.</em>
ASMUNI, ST., MM
2022 · Article · Open Access
Islamic economy in the process of fulfilling human needs in addition to supply and demand factors is also strongly influenced by rules and principles and value frameworks originating from the Qur'an and Hadiths, so that in the process of fulfilling it besides thinking economic benefits also pay attention to certain factors may or not. There are a number of Islamic economic principles which are given: Justice, the prohibition of usury, prioritizing buying and selling, please howling, the prestige element. These principles are taken into account and the value framework is in an effort to meet human needs. In addition, in the concept of Islamic Economics there is no known component of interest which is only a system of profit sharing.
ASMUNI, ST., MM
2022 · Article · Open Access
The focus of this article is to explore how the law performs hajj and umrah with lottery results. This study also highlights how to conduct lottery for worship, which in its history during the period of ignorance similar practices were carried out to seize or get something desired (drawing lots of fate). This study uses a qualitative library research that enables analysis of data based on research material from the Koran and Hadith, fiqh books and commentaries. This study found that the problem (lottery problem) was legal as follows: <em>First</em>; If the lottery is based on profit and loss, then the law is haram, because the lottery includes <em>qimar</em> (gambling). Means that pilgrimage to this type of lottery is not permitted. <em>Second</em>; Sweepstakes that do not result in loss and harm, both to the draw and the draw. Hajj or Umrah with a lottery like this is allowed
ASMUNI, ST., MM
2022 · Article · Open Access
The birth of Law Number 5 of 2014 concerning ASN as a substitute for Law Number 43 of 1999 concerning Amendment to Law Number 1 Year 1974 concerning the Principles of Staffing is the answer to the new bureaucratic paradigm and solving the ASN problem. The ASN Law also mandates the appointment of a high-ranking merit-based ASN Position supervised by an independent institution (KASN State Civil Apparatus Commission), so that it is free from Corruption, Collusion and Nepotism (KKN) and ASN management starting from formation, selection / recruitment, placement, development, appointment / promotion and transfer, payroll system, up to dismissal of ASN employees. This is important because one of the objectives of bureaucratic reform is to realize the professionalism of ASN employees by improving quality and competence. Seeing the management of ASN in the regions regarding the system of filling positions and promotion or commonly referred to as "position auction", KASN said that it still found the practice of buying and selling positions in the auction system in several regions. Although it has encouraged the holding of an open selection throughout the agencies to fill high-level office leaders. The problem of research is how is the model for the appointment of the High Leadership Position of the State Civil Apparatus? The aim of this research is to analyze the model of appointment of the High Leadership Position of the State Civil Apparatus. This research use desciptive qualitative approach. The research data was explored by the literature study technique. Research location in Tanah Datar District BKSDM. Data analysis through stages of data reduction, data presentation, and conclusion drawing. The results showed that the appointment system of the JPT ASN was carried out with a merit system through open selection ranging from administrative selection, competency selection, interview tests, track record tracking, and health and psychology tests which resulted in 3 (three) qualifications to be determined by 1 (one) JPT Staffing Officer.
ASMUNI, ST., MM
2022 · Article · Open Access
Establishing national laws by integrating the objectives of establishment of national laws and uniting it by taking into account the cultural diversity of the population; the main diversity and priority of concern is the diversity of Religion. Indonesia has a population whose majority are Muslim sociologically is a presentation of the soul Indonesian people, so it would be nice if the politics of Islamic law becomes a reference for Indonesian law to be applied in Indonesian positive law. The main of Establishment of Political Law is that there are Islamic values in every National Law, so legal drafters who have Islamic Values are needed. It also needed the participation of Islamic Universities in preparing legal drafter.
ASMUNI, ST., MM
2022 · Article · Open Access
This research was conducted to discover involvement, factors and efforts solve immoral crimes committed by adolescents. It employed descriptive qualitative methods with sociological, empirical and normative approaches. The results of the study indicated that the involvement of adolescents in such crime was based on a mutual desire to act like adults by having sexual intercourse, coercion to commit immoral violations due to lust, persuasion of friends to commit immoral acts, shortcuts to be united and invitations to commit immoral acts for payment. An internal factor causing adolescents committing immoral crime is hormonal growth which has an impact on increasing sexual arousal. If not shifted to positive activities, it will have a harmful impact including immoral acts. Meanwhile, external factors are lack of family attention, to be recognized among adolescents, influence of information from print, electronic and social media. Efforts to overcome immoral acts include Preventive by providing understanding and attention from the family to adolescents about good and bad deeds, supervising and protecting social environment, Repressive by safeguarding from promiscuity, giving sanctions to educate not to punish and, Rehabilitative by involving adolescents in positive activities in the community, carrying out outstanding activities, giving trust that they can be a part of a community group. It is expected that the results of this research can encourage family, community and government to collaborate and develop well-behaved and outstanding adolescents.
ASMUNI, ST., MM
2022 · Article · Open Access
Child protection at this time is very worrying in Indonesia, where child protection is included in the category of extraordinary crimes. For this matter, this paper will discuss the protection of child rights in the perspective of Islamic law and the mandate of the constitution of the Republic of Indonesia. The research method is normative juridical. The results of the study explain that child protection in the perspective of Islamic law means the fulfillment of children's rights and their protection from things that can endanger themselves. Children's rights are stated clearly and in detail in Islamic law, contained in the verses of the Qur'an and hadith - the Prophet's Messenger. Great attention to the protection of children and the fulfillment of their rights shows the perfection of the Islamic Shari'a towards a group of weak beings who cannot fulfill their own needs and cannot protect themselves from things that can endanger themselves and their souls. While the constitution of child protection is regulated in Article 22 paragraph (1) and Article 28B paragraph (2) of the 1945 Constitution of the Republic of Indonesia, Human Rights Law and Child Protection Act.
ASMUNI, ST., MM
2022 · Article · Open Access
The focus of this article is to explore the practical concepts of local wisdom values in managing the budgets of Rural financing at Poringan Village in West Suli District of Luwu Regency. This study also highlights the inhibiting factors for the implementation of local wisdom values in managing the budget of rural financing. For such purposes, this research applies qualitative research that enables the analysis of field evidence-based data without the involvement of statistical and numeric analysis. This study found that there were three fundamental values of local wisdom practiced in the management of budgets of rural financing. The values were concepts related to adele (just), lempu (honest) and getting (persistent).
ASMUNI, ST., MM
2022 · Article · Open Access
<em>This research discusses the library strategy of applying literacy to increase imagination, creativity and innovation. Various libraries carry out various literacy programs, including GLN and GLS. However, the results have not looked encouraging. UNESCO in 2017 stated that out of a total of 61 countries, Indonesia ranked 60th at a low literacy level. Literacy activities, namely activities that empower the movement of reading and writing, can make someone create imagination, creativity, and innovation. Libraries must have effective and efficient literacy implementation strategies, based on 6 types of literacy, namely literacy, numeracy literacy, scientific literacy, ICT literacy, financial literacy, and cultural and citizenship literacy. Librarians need to pay attention to the process of developing literacy, namely: text and facilities; literacy type and purpose, learning context, and learner character. Librarians determine the competencies to be achieved, then determine the quality of character and type of literacy. In the application process, librarians introduce methods of reading books and storytelling, creating a safe and pleasant atmosphere, letting users experiment, and playing roles.</em>
ASMUNI, ST., MM
2022 · Article · Open Access
<em>This research was aimed at analyze BAZNAS Lima Puluh Kota regencymanagementto solvepoorness in evaluation of religious obligatory maqashid al-syariah. This research was qualitative case study by using interview and documentation as instruments. This research found that management BAZNAS Lima Puluh Kota regencynot yet reached religious obligatory maqashid al-syariah to solvepoorness. Gathering of new religious obligatory limited to religious obligatory Public Servant Of Civil and applied program still have the character of just consumptive, so that to mustahiq not yet been reached by the maqashid. BAZNAS not yet can alter status of mustahiq become muzzaki. So also with muzzaki, trust to remit religious obligatory to BAZNAS Lima Puluh Kota regency form not yet is fully proved with religious obligatory managed by BAZNAS still religious obligatory of PNS not yet reached agriculture religious obligatory, entrepreneur and others. Though religious obligatory potency very big that is Rp 66.723.320.400 every year.</em><em>This research was aimed at analyze BAZNAS Lima Puluh Kota regencymanagementto solvepoorness in evaluation of religious obligatory maqashid al-syariah. This research was qualitative case study by using interview and documentation as instruments. This research found that management BAZNAS Lima Puluh Kota regencynot yet reached religious obligatory maqashid al-syariah to solvepoorness. Gathering of new religious obligatory limited to religious obligatory Public Servant Of Civil and applied program still have the character of just consumptive, so that to mustahiq not yet been reached by the maqashid. BAZNAS not yet can alter status of mustahiq become muzzaki. So also with muzzaki, trust to remit religious obligatory to BAZNAS Lima Puluh Kota regency form not yet is fully proved with religious obligatory managed by BAZNAS still religious obligatory of PNS not yet reached agriculture religious obligatory, entrepreneur and others. Though religious obligatory potency very big that is Rp 66.723.320.400 every year.</em>
