TY  - THES
N1  - Dr. H. M. NUR, S.Ag., M.Ag.
ID  - digilib46717
UR  - https://digilib.uin-suka.ac.id/id/eprint/46717/
A1  - SITTA ?ALA ARKHAM, Lc., NIM. 19203010114
Y1  - 2021/08/05/
N2  - First Travel's valuable assets seizure by the goverment leaves its own
problems because the government literally does not suffer any losses at all. The
state did not suffer losses, but assets were confiscated, and First Travel victims
(prospective Umrah pilgrims) also did not get anything. The Supreme Court as
the highest institution of a court hierarchy is expected to be able to give a fair
decision, but in fact, the justice had not been perceived by the victims. The author
feels the need to examine more deeply the judicial decision of the First Travel
case No. 3096 K/Pid.Sus/2018. Three main discussions in this research are the
analysis of the delivery of the sense of justice in criminal decisions at the level of
cassation in the perspective of maq??id ash-syar?'ah. In addition, the seizure of
valuable assets by the state will also be analyzed more deeply to explain whether
it is true to protect the property of the victims or vice versa in the maq??id ashsyar??
ah frame. Finally, how is the application of maq??id ash-syar??ah theory in
providing practical solutions to the decision of the First Travel case.
This is a library research, with descriptive-analytical by a normative
approach. The data were collected by using literature study technique, and the
analysis was done descriptively and qualitatively. The data is arranged according
to the chronology of the First Travel case, then the case decisions and judges'
arguments are analyzed referring to the legal logic made using maq??id ashsyar?'ah
teory. The maq??id ash-syar??ah developed by Jasser Auda, classified
maq??id into three levels; General Maq??id (al-maq??id al-??mmah), Special al-
Maq??id (maq??id al-?alkh???ah), Partial Maq??id (al-maq??id al-juz?iyyah).
The results of the reaseacrh show that justice for the decision of the First
Travel case from the maq??id ash-syar??ah perspective has not been realized
properly. This is due to the fact that the value of justice is not maintained at a
special level and the transfer of property rights is not properly maintained at a
partial level. Property protection is not protected because the decision has not
been able to guarantee the return of property to the entitled party. And have not
been able to cope with the protection of assets when there is an injury to the
Umrah contract. The solution so that prospective pilgrims can leave is for the
government to provide a bailout for Umrah departures. As for overcoming the
problem of housing in Indonesia by making applications such as SIPATUH
specifically for Umrah, the important point is the mechanism of cooperation with
Islamic Banks. Payments to the PPIU can only be carried out when the PPIU
provides definite proof of departure to the congregation and the bank and the
congregation automatically confirms to the bank. This cooperation makes money
safer, so that it can realize the protection of assets (?if? al-m?l), safeguard the
value of justice in assets (?if? al-'ad?lah al-m?liyyah), and make transfers of
property rights (?if? al-intiq?l al-?uq?q al-m?liyyah). To be perfect.
PB  - UIN SUNAN KALIJAGA YOGYAKARTA
KW  - First Travel
KW  -  Maq??id Asy-Syar??ah
KW  -  Justice
KW  -  ?if? Al-M?l
M1  - masters
TI  - PUTUSAN PERADILAN KASUS FIRST TRAVEL NO 3096 K/PID.SUS/2018,
PERSPEKTIF MAQ??ID ASY-SYAR??AH
AV  - restricted
EP  - 153
ER  -