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All Journal Al-Izzah: Jurnal Hasil-Hasil Penelitian
Muhammad Asrianto Zainal
Fakultas Syari’ah Institut Agama Islam Negeri Kendari
Arts Humanities Education Languange, Linguistic, Communication & Media Social Sciences

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PENERAPAN SANKSI PIDANA DENDA TERHADAP PELAKU KEJAHATAN NARKOTIKA (Studi Kasus Pendapat Hakim Di Pengadilan Negeri Kendari) Muhammad Asrianto Zainal
Al-Izzah: Jurnal Hasil-Hasil Penelitian Vol 12 No. 1 Mei 2017
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (365.574 KB) | DOI: 10.31332/ai.v12i1.529

Abstract

The study aims to analyse the opinion of a judge about fine penalty in narcotics’s case at Kendari’s court, how to determine the application of fine penalty in narcotics’s case, and the prospects of criminal penalties in the future. In this study, the authors employed a descriptive qualitative design by conducting interviews to collect the primary data and a library research to obtain secondary data and the documentation. Research findings showed that there are some major perceptions of judge in considering fine penalty. One of them is to aggravate the sanctions against offenders. Meanwhile, based on the government point of view, the majority of judges found that the fine penalty becomes the income for the government, and others argue that it helps to reduce the excess capacity of prison which indeed decreases the government burdens in this aspect. However, infact, when the judges decide the penalty, they often do not follow the regulation and even give lighter punishment for narcotics criminal than which is stated on the law. In addition, the fine payment in the future will be more established because of  the payment of criminal fines in the future can be paid through installments.
Proses Pembentukan Peraturan Daerah Kabupaten Muna Sulawesi Tenggara Muhammad Asrianto Zainal
Al-Izzah: Jurnal Hasil-Hasil Penelitian Vol 13, No.2, November 2018
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (233.67 KB) | DOI: 10.31332/ai.v13i2.1052

Abstract

This study will discuss the process of establishing the regional regulations of Muna regency, especially the constraints. The results indicate that the establishment of regional regulations of Muna is based on DPRD Regulation Number 1/DPRD/2014 concerning the Rules of Procedure for the Muna Regency, which DPRD begins with the planning, drafting, discussion, stipulation, enactment, dissemination and evaluation of regional regulations. The formation of regulations in Muna Regency only follows procedural stages but is not substantially regulated regarding the necessity of academic manuscripts and community participation and not in accordance with Law Number 12 of 2011 concerning the Establishment of Laws and Regulations of the Minister of Home Affairs Number 1 of 2014 in legal substance, structure, and culture, such as it is not clearly regulated the necessity of making academic texts; lack of human resources; lack of community participation, universities and other parties in the process of establishing regional regulations.
Relasi Kekerabatan Patronase Masyarakat Muna Asliah Zainal; Muhammad Asrianto Zainal; Waode Ainul Rafiah; Wa Kina Wa Kina
Al-Izzah: Jurnal Hasil-Hasil Penelitian Vol 16, No. 1, Mei 2021
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/ai.v0i0.2794

Abstract

This study is addressed to two things: the relationship of kinship and patronage, which take place in social aspect (education and economy) and culture (life cycle ceremony), and the relation of patronage kinship system, which implies on cohesion social community of Muna. This study showed that the relation of the Muna family was tied socially and culturally by two vertices, descent/affinity relation and patronage relation or patronage kinship system and in local term called intaidi bhasitie (we are family). The patronage kinship in Muna family works in almost every aspect of community life, both in social; educational, economic, even political; and cultural (life cycle ceremony). By using Anthropological family, this study argues that the kinship systems wrapped by patronage or boosted patronage by kinship relationships are neither firm nor sustainable. It may be safe in education, economy, and cultural aspects but may be weakened in political preference. Even though a relative still tied up in a family's node but his indifference will be called "family but not". This social relationship will threaten the bond of kinship that eventually fragile and unravel, and the social relation seems to be a pseudo kingship. This research implies that the social relations of patronage kinship will threaten kinship ties which are eventually fragile and unravel, resulting in pseudo kingship if the conditions for a patron-client as Scott's theory are not fulfilled, and eventually become a transactional relationship bond. This research is expected to provide an understanding that kinship ties or patronage relations are traditionally socio-cultural capital that is increasingly threatened by the demands of economic and political interests in modern transactional relationships.
Co-Authors Wa Kina Wa Kina Waode Ainul Rafiah