This study investigates the legal provisions for dealing with street vendors in Banda Aceh and Yogyakarta, utilizing the Qanun no. 3/2007 and the Mayor Regulation no. 26/2002, respectively. It investigates the variables that constitute the basis for the creation of policies for dealing with street sellers and evaluates policy formulations for dealing with street vendors in the two provincial capitals in a more accommodating and comprehensive manner. This is a normative legal research that examines legal data in the form of the rule of law by evaluating statutes and Islamic law. The results indicated that the Qanun for the City of Banda Aceh and the Perwal Yogyakarta were legally designed to govern and control street vendors in compliance with the urban planning and aesthetics of the city. However, the Banda Aceh Qanun addressing street vendors must be tied to the Mayor's Regulation 44 of 2016 about the role and function of Wilayatul Hisbah (WH) and Satpol PP (Civil Police), which reflect Islamic shari'a standards. Although the Mayor of Yogyakarta Regulation No. 26/2002 on street vendors has been designated as a source and tourist attraction that must be managed responsibly, this has a positive impact on street vendors. The regulation has included cultural issues with such care that it has a favorable effect on their economic earnings. Although other aspects, such as the issuance of business licenses, impartial spatial layouts, and coercive measures against street vendors, still need to be developed. Nevertheless, the Banda Aceh government's comprehensive WH policy integrates Islamic law and the Yogyakarta Perwal, which accommodates local and cultural values in accordance with the rule of law that governs and disciplines the society.
During the new order, led by President Soeharto, was a period in which the development of Islamic law seems to stagnate and not grow. It is not independent because of the political policy of the new order government highly extol the sole basis of Pancasila in every aspect of life of the nation. So that the ideologies other than that are to be mitigated as much as possible including religious ideology undertaken to minimize its existence. However, at the end of the period of the reign of the new order regime, there was some very significant changes to the development of Islamic law in Indonesia with the birth of several laws that breathe of Islam. A. Pendahuluan EraOrde Baru dimulai sejak keluarnya Surat Perintah Sebelas Maret (Supersemar) pada Tahun 1966, yang menjadi dasar terjadi peralihan kekuasaan dari penguasa pemerintahan Orde Lama (Soekarno) kepada penguasa pemerintahan baru (Soeharto). Pada awalnya pemerintahan Orde Baru diharapkan dapat memberikan harapan baru, bagi dinamika perkembangan hukum Islam di Indonesia. Harapan ini muncul setidaknya disebabkan oleh kontribusi yang cukup besar diberikan umat Islam dalam menumbangkan rezim Orde Lama. 1 Namun realitanya, keinginan dan harapan umat Islam untuk mengembangkan dan mentransformasikan nilai-nilai hukum Islam ke dalam produk perundang-undangan pada masa ini mengalami kendala yang cukup besar, karena bertentangan dengan strategi pembangunan penguasa pemerintahan Orde Baru. Pada masa ini peranan partai-partai politik dimarginalkan, termasuk pembicaraan tentang masalahmasalah yang berkaitan dengan ideologi (selain Pancasila) ditabukan, terutama ideologiideologi yang bersifat keagamaan. 2 1
All couples expect a harmonious family or sakinah mawadah warahmah. Ideally to create a household that is sakinah mawadah and warohmah needed a uniform understanding of the rights and obligations between husband and wife. Husband and wife must always carry out their respective obligations in the household. But differently what happened in Syiah Kuala Subdistrict is that the wife did not fulfill her obligations to her husband in the household. In Islamic law, wives should carry out their obligations to serve their husbands, but what happens in Syiah Kuala Subdistrict is that many wives neglect their obligations. This kind of wife is called nusyuz. The problem that wants to be examined in this study is the first, whether the factors that cause the wife not to fulfill the obligation to the husband in the household in Syiah Kuala Subdistrict, the second, how is the impact and legal consequences for wives who do not fulfill their obligations to husbands in the household in Syiah Kuala Subdistrict. This research uses a case approach (Case Approach) which is to examine cases related to issues in the field. The results in this study do not meanthat the factors that cause the wife not to fulfill her obligations to the husband in Syiah Kuala subdistrict are economic pressure factors, career factors, harmony factors of spousal relationships, and domestic violence factors. As for the impact that occurs in the field for wives who nusyuz ini is, there is commotion or domestic violence (Domestic Violence), Infidelity, Hated and not dipeayaihusband, and divorce. Then in Islam the legal consequences for the wife who does not fulfill the obligations to her husband ialah become a wife who disobeys or nusyuz towards the husband. In addition, wives like this also do not deserve aliving from the husband.
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