PUTUSAN PERADILAN KASUS FIRST TRAVEL NO 3096 K/PID.SUS/2018, PERSPEKTIF MAQĀṢID ASY-SYARĪ‘AH

SITTA ‘ALA ARKHAM, Lc., NIM. 19203010114 (2021) PUTUSAN PERADILAN KASUS FIRST TRAVEL NO 3096 K/PID.SUS/2018, PERSPEKTIF MAQĀṢID ASY-SYARĪ‘AH. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

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 maqāṣid ash-syarī'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 maqāṣid ashsyarī‘ ah frame. Finally, how is the application of maqāṣid ash-syarī‘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 maqāṣid ashsyarī'ah teory. The maqāṣid ash-syarī‘ah developed by Jasser Auda, classified maqāṣid into three levels; General Maqāṣid (al-maqāṣid al-‘āmmah), Special al- Maqāṣid (maqāṣid al-‘alkhāṣṣah), Partial Maqāṣid (al-maqāṣid al-juz’iyyah). The results of the reaseacrh show that justice for the decision of the First Travel case from the maqāṣid ash-syarī‘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 (ḥifẓ al-māl), safeguard the value of justice in assets (ḥifẓ al-'adālah al-māliyyah), and make transfers of property rights (ḥifẓ al-intiqāl al-ḥuqūq al-māliyyah). To be perfect.

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