Analysis of Wakaf and Maqashid Syari'ah Law on the Development of Wakaf Property in Lhokseumawe City

Abstrak Pernikahan siri secara agama dikatakan sah, namun sangat bertentangan dengan hukum positif di Indonesia. Sehingga akibat dari pernikahan siri ini menimbulkan banyak masalah dan kerugian yang ditujukan kepada perempuan. Padahal, masyarakat sudah banyak melakukan pernikahan siri ini sejak zaman dahulu. Penelitian ini dilakukan untuk mengetahui pelaksanaan pernikahan siri di Desa Pekan Heran Kecamatan Rengat Barat Kabupaten Indragiri Hulu beserta akibat hukum yang ditimbulkan menurut Undang-Undang Perkawinan Nomor 1 Tahun 1974. Metode penelitian yang digunakan yaitu penelitian hukum empiris dengan cara survey ke lapangan dan jenis penelitiannya deskriptif yakni menggambarkan penelitian yang jelas dan lengkap. Berdasarkan penelitian, penulis menyimpulkan pelaksanaan pernikahan di Desa Pekan Heran tidak dicatatkan di Kantor Catatan Sipil, guna untuk menjamin kepastian hukum dan memudahkan urusan administrasi di kemudian hari. Lalu, akibat hukum dari pernikahan siri ini adanya pihak dirugikan seperti istri dan anak. Bagi istri, ia tak dapat menuntut haknya berdasar hukum di Indonesia dan bagi anak yang lahir dari hasil pernikahan siri, tentunya membuat anak tak dapat mewarisi pihak ayahnya. Ia dianggap mempunyai hubungan perdata dengan ibunya dan keluarga ibunya saja. Abstract Unregistered marriage is said to be legal, but it is against positive law in Indonesia. So as a result of this unregistered marriage caused many problems and losses aimed at women. In fact, many people have done this series of marriages since ancient times. This research was conducted to determine the implementation of unregistered marriages in Pekan Heran Village, West Rengat District, Indragiri Hulu Regency and the legal consequences caused according to Marriage Law Number 1 of 1974. The research method used is empirical legal research by means of field surveys and the type of research is descriptive. which describes the research clearly and completely. Based on the research, the authors conclude that the implementation of marriages in Pekan Heran Village is not registered at the Civil Registry Office, in order to ensure legal certainty and facilitate administrative affairs in the future. Then, the legal consequence of this unregistered marriage is that there are disadvantaged parties such as wives and children. For a wife, she cannot claim her rights under Indonesian law and for a child born from an unregistered marriage, of course, the child cannot inherit his father's side. He is considered to have a civil relationship with his mother and only his mother's Abstract Unregistered marriage is said to be legal, but it is against positive law in Indonesia. So as a result of this unregistered marriage caused many problems and losses aimed at women. In fact, many people have done this series of marriages since ancient times. This research was conducted to determine the implementation of unregistered marriages in Pekan Heran Village, West Rengat District, Indragiri Hulu Regency and the legal consequences caused according to Marriage Law Number 1 of 1974. The research method used is empirical legal research by means of field surveys and the type of research is descriptive. which describes the research clearly and completely. Based on the research, the authors conclude that the implementation of marriages in Pekan Heran Village is not registered at the Civil Registry Office, in order to ensure legal certainty and facilitate administrative affairs in the future. Then, the legal consequence of this unregistered marriage is that there are disadvantaged parties such as wives and children. For a wife, she cannot claim her rights under Indonesian law and for a child born from an unregistered marriage, of course, the child cannot inherit his father's side. He is considered to have a civil relationship with his mother and only his mother's family.

Abstract
 One of the acts of domestic violence against people in the household sphere is neglect. Parental neglect is negligence of the child towards the biological mother's father who has a dependency in physical needs (negligence to provide adequate food, clothing, or hygiene), and emotional (negligence to provide care or affection). neglect of parents is included in the form of lawlessness to parents because parents have rights to their children. So that for each perpetrator of neglect parents must be subject to sanctions.
 This study aims to answer the questions that formulate the problem: "What is the view of Islamic law and positive law in Indonesia on neglect of parents" and "What are the sanctions for perpetrators of neglect of parents according to Islamic law and positive law in Indonesia". This study uses qualitative research, data collected by means of literature (library research) are then analyzed.
 As for the results of this study: 1) Neglect of parents in Islamic law and in positive law in Indonesia is prohibited, because in Islamic law people who do neglect are sinful, while in positive law in Indonesia neglect is included in violence. 2) Sanctions for perpetrators of neglect of parents in the perspective of Islamic law and positive law in Indonesia are criminal sanctions, but in Islamic law it is called jarimah ta'zir and the sanctions are not only that but there are other sanctions, namely big sins, all deeds are not accepted by Allah SWT, will not enter heaven, hated by Allah SWT.
 
 Keywords: Neglect, Parents, Sanctions, Islamic Law, Positive Law in Indonesia.

This study aims to ascertain and evaluate the processes followed by national and Islamic law to recover waqf assets following a calamity. The 1945 Constitution, Law No. 41 of 2004 on Waqf, and other regulations are among the key legal data sources used in this qualitative study employing a normative juridical method from the viewpoint of Islamic law, which is derived from the Quran, the Hadith, and the views of relevant scholars. Periodicals and other pertinent articles are examples of secondary legal sources. Next, using descriptive analytic techniques, the data was gathered through library research and examined to determine the synchronization stage and compliance with legal norms and principles. The study's findings demonstrate that waqf assets—such as damaged land and buildings—can be recovered. In Islamic law, as long as there is no proof of someone's ownership, the assets return to the state. This is almost the same as positive law in Indonesia, namely if the affected waqf assets are destroyed or damaged and previously had a waqf certificate, efforts can be made to identify the waqf assets, and if important files related to the waqf are lost, you can contact BPN to get a copy, but if the assets are destroyed according to the UUPA the land returns to the state. Financing can be done by optimizing the funding of cash waqf and cash waqf for efforts to repair and rebuild these assets.

Cash waqf is a method of fundraising for the community that contributes significantly, but on the other hand, some parties still cannot accept it. The purpose of this study is to determine the law of cash waqf from the perspective of Islamic law and positive law in Indonesia, as well as to understand the interpretation of cash waqf among ulama in Kediri Regency. This type of research is qualitative, with subjects of ulama in Kediri Regency and their interpretations of cash waqf. The data collection technique used the follow-your-nose method, and data analysis was carried out continuously. The law of cash waqf from the perspective of Islamic law is divided into two: some permit it and others do not. From a positive legal perspective, cash waqf is permitted because money can be used as waqf assets. The interpretation of cash waqf among ulama in Kediri Regency, as per Islamic law, is also divided into two. Ulama who permit it interpret waqf as a benefit that will continue to be felt by the community. Meanwhile, ulama who do not allow it interpret money as an endowment that will immediately cease to exist.

The purpose of this research is to analyze the brand setting as guarantee according to positive law in Indonesia and to analyze the brand can be used as credit guarantee in banking. The research method used in the writing of this thesis is a normative legal research that examines the positive law or legislation applicable in Indonesia relating to the guarantee and the brand. Approach method used is approach of legislation, comparative and conceptual. The analysis was done by using interpretation and analogy method. The result show that; First, Brand as a guarantee has not been regulated specifically and clearly in positive law in Indonesia, it is generally regulated in brand laws and geographical and fiduciary guarantee laws. Secondly, the Bank has not been able to accept the mark as the main guarantee, because the legal basis of the brand as an unclear guarantee which will have an impact on execution, in addition to the nature of a brand that can not be assured to the existence becomes on of the constraints of brand acceptance as a guarantee in the institution banking.

This paper outlines the phases after the Islamic law in Indonesia, so in this paper the focus of the main problem is how to transform Islamic law into positive law in Indonesia. To answer this main issue, it will be divided into sub-headings about the period of acceptance of Islamic law in Indonesia, the bleak period of Islamic law in Indonesia, and the period of enlightenment of Islamic law to make part of the main alternatives in national law. In order to answer this main problem, the author uses the method of literature study by tracing classic books and books as well as other references relating to the history of Islamic law reformation in Indonesia.This paper outlines the phases after the Islamic law in Indonesia, so in this paper the focus of the main problem is how to transform Islamic law into positive law in Indonesia. To answer this main issue, it will be divided into sub-headings about the period of acceptance of Islamic law in Indonesia, the bleak period of Islamic law in Indonesia, and the period of enlightenment of Islamic law to make part of the main alternatives in national law. In order to answer this main problem, the author uses the method of literature study by tracing classic books and books as well as other references relating to the history of Islamic law reformation in Indonesia.

The application of justice collaborator in the Criminal Justice System in Indonesia is based on the Regulatory Provisions of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 regarding the Protection of Witnesses and Victims, Supreme Court Circular Number 4 of 2011 and Joint Regulation of the Minister of Law and Human Rights, Attorney General, Chief of Police, Chairman of the KPK and Chairman of LPSK. However, in its application as an instrument of law enforcement, there are still various problems in terms of the substance of the legislation used, the mechanism of its application, the authority of institutions in terms of protection, the pattern of application of justice collaborators which is full of disparities to the proportionality of law enforcement officials' views on justice collaborators. This research is a normative legal research, where normative research is research that examines legal problems that include research on legal principles, theories, legal systematics and application of law in the form of court decisions. The results of this study show that: (1) The regulation of justice collaborator in positive law in Indonesia has not been able to provide a scanty regulation so that the application of justice collaborator as an instrument of law enforcement in the criminal justice system in Indonesia has not been effective and efficient. This can be seen from the various problems that arise that cause difficulties in implementing justice collaborators because there is no solution to these problems in positive law in Indonesia. (2) Legal protection and appreciation to justice collaborators are forms of appreciation to justice collaborators for their contributions to the disclosure of serious and organized crimes. In addition, this protection and award is intended to ensure the safety of justice collaborators who are in vulnerable positions and as an effort to build a penal model with a protection and correctional perspective. In order to realize justice, certainty and legal expediency, the application of justice collaborator requires detailed arrangements related to the mechanism and system of its application, because if there is still uncertainty in the mechanism and system of its application, the protection and rewards mandated by law for justice collaborators become useless. The application of Justice collaborator in the Criminal Justice System in Indonesia is based on the Regulatory Provisions of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 regarding the Protection of Witnesses and Victims, Supreme Court Circular Number 4 of 2011 and Joint Regulation of the Minister of Law and Human Rights, Attorney General, Chief of Police, Chairman of the KPK and Chairman of LPSK. However, in its application as an instrument of law enforcement, there are still various problems in terms of the substance of the legislation used, the mechanism of its application, the authority of institutions in terms of protection, the pattern of application of justice collaborators which is full of disparities to the proportionality of law enforcement officials' views on justice collaborators. The formulation of the problems in this study: (1) Has the regulation on Justice collaborator in positive law in Indonesia been able to answer the needs of law enforcement as well as protection and reward for justice collaborator? (2) Why do justice collaborators need to be given legal protection and rewards? This research is a normative legal research, where normative research is research that examines legal problems that include research on legal principles, theories, legal systematics and application of law in the form of court decisions. The results of this study show that: (1) The regulation of justice collaborator in positive law in Indonesia has not been able to provide a scanty regulation so that the application of justice collaborator as an instrument of law enforcement in the criminal justice system in Indonesia has not been effective and efficient. This can be seen from the various problems that arise that cause difficulties in implementing justice collaborators because there is no solution to these problems in positive law in Indonesia. (2) Legal protection and appreciation to justice collaborators are forms of appreciation to justice collaborators for their contributions to the disclosure of serious and organized crimes. In addition, this protection and award is intended to ensure the safety of justice collaborators who are in vulnerable positions and as an effort to build a penal model with a protection and correctional perspective. In order to realize justice, certainty and legal expediency, the application of justice collaborator requires detailed arrangements related to the mechanism and system of its application, because if there is still uncertainty in the mechanism and system of its application, the protection and rewards mandated by law for justice collaborators become useless.

This research explores the status of customary criminal law in the context of positive law in Indonesia. Customary criminal law, as an integral part of the cultural heritage of Indonesian society, has values and norms that have developed from generation to generation. However, in an era of increasingly structured positive law, fundamental questions arise regarding the extent to which customary criminal law is accommodated and recognized by the formal legal system. This research uses a normative legal approach to analyze statutory regulations, court decisions, and related legal literature. Research findings identify that although customary criminal law is not explicitly regulated in the national positive law system, there are certain efforts to recognize and respect its existence. In this context, this research explores the concept of integrating customary criminal law into a positive legal system as a medium of preserving legal plurality and realizing local justice. Apart from that, this analysis also discusses the challenges and potential conflicts between customary criminal law and modern positive law principles, as well as efforts that can be made to achieve harmony between the two. In conclusion, this research contributes to a better understanding of the status of customary criminal law in the context of positive law in Indonesia, by highlighting important aspects to be considered in developing inclusive and just legal policies. This research is in the form of a research article.

Parents must care for their children based on Islamic and positive laws in Indonesia. Indeed, parents and children have an alimentation relationship, that is, a reciprocal relationship in maintenance or bread. However, in general, in society, the understanding of income is only imposed on parents to children, so there are many cases of parental neglect. So the question arises: What is the view of Islamic law and positive law in Indonesia regarding the provision of alimentation of children to parents? This research uses qualitative, juridical-normative research as its approach and descriptive as its research nature. The Qur'an, Hadith, the opinions of imams of madhab, laws and regulations, journals, books, and encyclopedias are sources for obtaining data, so this research is classified as literature research. The findings of this study on Islamic law and positive law in Indonesia indicate that children are obligated to support their parents under specific circumstances. According to Islamic law, this obligation arises when the parents are in need, and the child possesses the means to work or owns property. In positive law, the obligation arises when parents are in financial distress, require assistance, reside in their children's homes, among other conditions.

This research seeks to explain the implementation of Islamic law in Aceh, especially the institutionalization Islamic criminal law through the implementation of Jinayat Law as part of the criminal justice system in Indonesia. Positive law in Indonesia is the legal norms derived from Islamic jurisprudence as a result of normative ‘marriage’ between sharia law and local wisdom Indonesia, even though the constitution 1945 did not mention Indonesia as an Islamic state, but Islamic law in Indonesia is living amidst society. Formerly it was only limited to the field of Ahwal Al-Syakhsiyah and Muamalat, however, nowadays partake into the Islamic criminal law (Jinayah). Aceh province is given authority to implement the Islamic jurisprudence (qanun), have since recorded constitution no. 44 of 1999, constitution no. 18 of 2001, and constitution no. 11 of 2006, all of which is a product of positive law governing Indonesia about privileges and specificity of Aceh. This research method using library research and juridical normative legal research with secondary data and use approaches regulations (statute approach). This research concludes that Islamic criminal law (jinayat) that are implemented in Aceh as part of the criminal justice system, which complements the general rules that apply nationally and the law of criminal procedure has not been full of the legal community in Indonesia especially Muslims in Aceh.
 DOI: https://doi.org/10.5281/zenodo.3467458

Although registering a marriage does not determine its validity in Islam, unregistered marriages in Indonesia cause children to be unregistered by state law, which is known as a Sirri marriage. As a result, legally, Sirri marriages have a position and effect on a child’s status and position. In terms of the issues raised in this article, how do children affected by Sirri marriages fare under Islamic and positive law in Indonesia? Furthermore, the purpose of research in this article is to analyze position of children affected by Sirri marriages fare under Islamic and positive law in Indonesia. The research method used, emphasizes legal normative views of the type of research (library research), then analyzed using descriptive analytical method, to provide data that is comprehensive about the people, the state, or the symptoms of the other. The study’s findings show that children born from legal marriages under Islamic law and legal marriages under law are children born from legal weddings under Islamic law and following the procedures of Article 2 paragraph 1 and paragraph 2 of Law No. 1 of 1974. A kid born of a marriage that is valid in Islamic law and does not in the outside procedure in article 2 paragraph 2 is a child born of a marriage that is valid in Islamic law and does in the outside procedure. However, the status of Sirri marriage cannot be legally acknowledged because it is not recorded from the administrative side of unregistered marriages as stated in Article 2 paragraph (2) of Law No. 1 of 1974. Second, the legislation because of Sirri marriage to the position of children is to make the status and position of a kid unacknowledged if the child was born before the marriage of both parents and is registered, legally recognized, and recorded. Keywords: status of children due to Sirri marriage, Islamic Law, positive law In Indonesia

The involvement of intellectual actors in criminal cases generally goes unpunished and does not receive much attention in academic studies. Positive law in Indonesia and Islamic law have clear provisions regarding punishment for criminal acts committed by intellectual actors, especially in cases of murder. Therefore, the article aims to understand the position of intellectual actors in murder cases in Islamic law and positive law. In Islamic law, the intellectual actor could receive the death penalty. Similarly, in the positive law, the death penalty could also be applied to the intellectual actor of murder cases. This case of murder provides an important illustration of how Islamic law is, to a certain extent, accommodated in positive law in Indonesia. By examining primary and secondary sources on the issue of these intellectual actors in Islamic law (fiqh literature) and positive law (Kitab Undang-undang Hukum Pidana, KUHP), this article comparatively discusses the similarities and differences between Islamic law and positive law in providing legal opinion for intellectual actors in murder cases.

This objective discusses the transfer of functions of waqf assets in the perspective of Islamic law and waqf law in Indonesia. In the fiqh literature, there is a difference of opinion among scholars regarding the prohibition of selling or converting waqf assets. Some scholars interpret this prohibition literally, thus arguing that waqf assets, such as mosques and mosque equipment, may not be sold or exchanged, even if they are no longer usable. However, there are scholars who understand that the prohibition only applies to waqf that can still be utilised, while old waqf that is no longer useful may be sold or exchanged. This opinion is particularly adopted by scholars who follow the school of Ahmad bin Hanbal, as explained in Ibn Qudamah's al-Muqni. Meanwhile, the Constitution of Islamic Law (KHI) explains that waqf assets basically cannot be changed or used other than the waqf pledge. However, there is a dispensation mechanism that allows the transfer of the function of waqf property with the approval of the sub-district Religious Affairs Office, the Sub-district Ulema Council, and the local Sub-district Head, provided that the reason for the transfer is in accordance with the public interest or because the waqf property is no longer in accordance with the waqf pledge. Waqf Law No. 41/2004 also regulates the transfer of waqf property functions. In principle, waqf assets are prohibited from being used as collateral, confiscated, granted, sold, inherited, donated, and transferred in other forms. However, there is an exception if the waqf asset is used for the public interest in accordance with the general spatial plan and does not conflict with Islamic law. Waqf assets that undergo a change in status must be exchanged for assets that have at least the same benefits and exchange value as the original waqf assets.

A set of rules about gratification is a novelty within society and perceived to collide with the cultural of giving in the Islamic society in Indonesia. This study is aimed to explore the meaning of gratification from the perspective of positive law in Indonesia, and the boundaries of gratification, which is interdicted by the laws. This study used the normative method which analyzes the positive law in Indonesia regulating the gratification. The result of this study shows that gratification in the positive law and Islamic law perspective has a wide meaning including each tribute for Civil Servant or State Apparatus. According to Indonesia law, gratification could be either positive or negative. Gratification which is allowed by the laws is a gift with a pure tension of the recipient to the Civil Servant or State Apparatus without expecting to achieve anything in return. In contrary, gratification which is not allowed by the laws is a gift for the Civil Servant or State Apparatus because of their position in that employment and the purpose of it is not related to their duty or order. Based on Islamic law perspective, gratification is forbidden by nas al-Qur’an and hadith. Substantially, the rule of positive law in Indonesia which forbids the gratification practices has fit with the aim of Islamic law. In positive law in Indonesia, however, there is still gratification allowed that leads to the fraudulence. Instead, in Islamic law all kinds of gratifications for the State Apparatus and the Civil Servant are forbidden in order to ensure all the ways of fraudulences are closed off.

This study aims to determine how the right of compensation for death is transferable to the heirs. It is agreed that harming a human body should warrant compensation. Even if it does not result in financial losses, it is considered an attack on the human body. Nevertheless, the prevailing trend in positive law still hesitates to consider the harm of death in itself, a harm that requires compensation. On the contrary, we find that Islamic jurisprudence considers the matter in its natural and logical setting from a long time ago. It is decided to guarantee and compensate for bodily damages, whether they resulted from deadly or non-deadly injury, regardless of the financial losses and consequences or moral damages that result from this damage. By referring to the Jordanian civil law, it becomes clear that compensation for bodily harm is carried out according to the rules of blood money, whose provisions are derived from Islamic jurisprudence and the provisions of Western laws, especially those related to the inclusion of compensation for the actual damage in its moral and material aspects, and its elements of actual loss and lost profit, which some jurists believe. Contemporary Muslims have what supports it in the rules of compensation in Islamic jurisprudence, especially the rule that there is no harm and no foul. In this study, we address how compensation for the harm of death is transferable to heirs in legal jurisprudence and the judiciary system and how the right to compensation for the harm of death is transferable to the heirs in Islamic jurisprudence. The comparative approach between legal jurisprudence and Islamic jurisprudence has been applied, based on strengthening jurisprudential positions with judicial positions closely related to the subject. The study recommended that the Jordanian Court of Cassation amend its jurisprudence and re-consider the death damage guarantee as material compensation for independent material damage. This should be transferred to the heirs through the inheritance and is claimed under the hereditary lawsuit, as it violated the provision of Article 274 of the Jordanian Civil Code, which authorized the death damage compensation. It also violated what was followed by Islamic civil jurisprudence and comparative judiciary.