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Al-'Adl

al-adl
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Published by Institut Agama Islam Negeri Kendari

ISSN : 19794916 EISSN : 26155540 DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice Social Sciences

Jurnal Al-'Adl merupakan Jurnal Ilmiah yang diterbitkan oleh Fakultas Syariah IAIN Kendari. Al-'Adl secara spesifik mempublikasikan tulisan ilmiah baik naskah ilmiah maupun hasil penelitian yang berorientasi pada masalah hukum Islam dan pranata sosial serta kajian keislaman lainnya.

Arjuna Subject : -

Articles 9 Documents

Search results for , issue "Vol 10, No 2 (2017): Al-'Adl" : 9 Documents clear

Implikasi Kebijakan Pemekaran Desa terhadap Redistribusi Aset dan Penetapan Administrasif Pemerintahan Mahruddin Mahruddin
Al-'Adl Vol 10, No 2 (2017): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

This study aims to analyze and describe the problems that became implications reallocation of village redistribution of assets and the establishment of government administrative villages in the district Talaga Raya. Focus on research excursions before and after the division of the village. By using descriptive and case study approach, the results showed that the division of the village in the district Talaga Raya has been implicated in the development of infrastructure, of which the number of places of worship which had amounted to only 5 units, now has increased to 8 units. Likewise, the highway, from seven villages in the district have done Talaga highway pavement and concrete. However, of the implications unisex other implications that accompany the expansion is a conflict between some of the elements in the districts of the assets associated with the claim means of taps. While the results penulusuran writer associated with the administrative boundaries of the village administration was no problem, because the local government took the initiative before the expansion is done, the boundaries of the village settled first. By him that splitting the village in the district Talaga Raya Central Buton regency positive impact on the division more than the negative impact due to the addition of assets.

Kearifan Lokal dan Hukum Islam di Indonesia Asni Asni
Al-'Adl Vol 10, No 2 (2017): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

The Islamization process through the Cultural path in the archipelago has encouraged the growth of deep-rooted Islam on the cultural bases of Indonesian society in its later development. The institutionalization stage of Islamic law also provides an area for the values of local wisdom as one of the considerations. Some of the customary law institutions already known in the community are adapted inthe positivization of Indonesian Islamic law, such as takliq talak institution, joint property, and successor heirs. Similarly, in the application of Islamic law, either through the courts or by the community, local wisdom is loaded with the value of maslahat considered in order to respond to living law in the community. In Bugis society, for example, local wisdom becomes an inseparable part of marriage based on Islamic law. Therefore, the local wisdom important to consider in the development of Islamic Law in Indonesia in the future.

Instrumen Labelisasi dan Sertifikasi Halal sebagai Perlindungan Hukum terhadap Konsumen Muslim dalam Wacana hukum Ekonomi Islam di Indonesia Mabarroh Azizah
Al-'Adl Vol 10, No 2 (2017): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

The protection of Muslim consumers against halal products is not just halal labeling contained in the Food Law, but must have integrity of other economic laws, so there is guarantee of the implementation of halal labeling. This is closely related to matters of a business nature, such as trade agreements, distribution, advertising, packaging, negligence and misuse of halal labeling. This paper concludes that first, the position of Muslim consumer protection against halal products in Islamic Economic Law has a great attention. Second, the concept of Muslim consumer protection against halal products in Indonesian Economic Law has a strong juridical foundation, that is stated in the 1945 Constitution Article 29 paragraph (1) and (2), which contains about the freedom to implement religious shari'ah. Third, basically the Indonesian Economic Law contains the protection of Muslim consumers against "labeling and Halal certification "almost entirely contains the halal provisions and patterns of Muslim food in Islamic Law.

Harmonisasi Hubungan Wewenang Kepala Desa dengan Badan Perwakilan Desa (BPD) dalam Pembentukan PERDA Syahbudin Syahbudin
Al-'Adl Vol 10, No 2 (2017): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

The resources of the village apparatus for the administration of village government are an integral part of the administration and management of village administration. The resource of the village administration apparatus is a fundamental aspect in relation to the formulation and formation of village regulations for the sake of the administration of the village administration in the management of the village regulations is not multi-interpretive and contradictory to the existing rules. In general, this study is directed to identify problems and constraints that arise, both in the aspect of formulating village regulations and in the management of those regulations in the community, and identifying how far the drafting of the village regulations is contrary to the regulations above them. Therefore, this study aims to find and find solutions to emerging problems related to village regulations, and to recommend to the District Government to immediately establish a Regional Regulation on the drafting guidelines and mechanisms for the preparation of village regulations. This aspect is a scientific recommendation prepared based on normative research so that it can be used as a reference for the Local Government in preparing the Regional Regulations on the preparation guidelines and mechanisms of village regulations that can be used as legal umbrella for all village apparatus in the District, with the aim to create management and good village governance.

Upaya Hukum Pasien Melakukan Gugatan Keperdataan terhadap Kesalahan Rekam Medis (Diagnose) Dokter Siti Nurhayati
Al-'Adl Vol 10, No 2 (2017): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

The medical record is made by health personnel, but the ownership of the medical record is in the hands of the patient. among others; A) the patient may easily know his or her long-term health level on the basis of information provided by the health worker, b) the patient will be able to agree, allow (informid consent), or reject medical treatment, c) the patient can be critical and objective In the course of treatment if no suspicion of malpractice is suspected, d) because the medical record is made at the cost of the patient, it is appropriate that the patient's medical record, and e) with this medical record is expected to arise a partnership relationship between patient and health worker in order to improve health service. Compulsory medical record law to patients is a duty of health personnel in order to perform its duty to respect the patient's right to obtain medical information that is in him. The compulsory norm of medical record law is, in essence, a reciprocal health information information between the patient and the health worker who is the result of the work of a functional team who must obtain the protection of health law. Thus, there is clearly a principle of patient protection as well as health care workers on the principles of patient protection as well as health care workers on their legal principles, and this will be a complex issue if there is a duplication of legal knowledge that the patient is deemed to be the same as a consumer and the health worker is regarded as the perpetrator business. So the relationship between patient and health worker is a relationship having social function and social obligation approach that the relationship should be kept away from consumerism and commercialism

Gagasan Muatan Materi dalam Perubahan UUD 1945 Hasanuddin Hasim
Al-'Adl Vol 10, No 2 (2017): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Reform 1998 led some party factions and groups to amend the 1945 constitution (amendment). Starting with the first amendment (1999), the second amendment (2000), the third amendment (2001) and the last changes in the fourth (2002). Although it has been four times changed, there are some parts that could not be changed because of the agreement of the founders of the nation at the time of drafting the constitution (BPUPKI) that the 1945 Constitution, the Basic state philosophy of Pancasila, Destination country, Principle of a state of law, principle of popular sovereignty, Principle state unity, and the principle of the republic. In terms of changes to the constitution, there are some things that need to be added to the substance, namely the existence of regulations on the protection of human rights and citizens; The imposition of a state government structure that is fundamental, and their limitations, and the division of tasks is also a fundamental constitutional.

Penerapan Lafazh Ditinjau dari Segi Dalalahnya Kartini Kartini
Al-'Adl Vol 10, No 2 (2017): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

This study is motivated by the problem of a jurist (faqih), to know how to extract the law from the texts. For that purpose, the science of Ushul al-Fiqh has established its methodology. This research, using the method of library research (library research), namely research with quotations on the books usul al-fiqh as primary sources and books that exist with this research as a source sekunder. Dalam processing data obtained from the library, the authors use qualitative methods, with inductive and deductive forms of analysis. The pronunciation in full of nash comprehension is an indication of the criticism of the texts themselves. Being mafhum is understanding or understanding or not placed in place of speech, from the understanding of the speech. The mafhum is divided into two parts: mafhum muwafaqah and mafhum mukhalafah. Mafhum muwafaqah is the guidance of the pronunciation of nash or the determination of a law for the case that exist between the two there is a suitability because there is an illat equation. While mukhummukhalafah is a law for those who are not criticized by the nash opposed by the precious. Or in other words, something that nash does not criticize with that in its legal determination. Mafhum muwafaqah consists of two, namely lahn al-khitab and fahwa al-khitab. While mukhum mukhalafah consists of mafhum al-shifah, mafhum al-ghayah, mafhum al-syarth, mafhum al-'adad, and mafhum al-laqab. Mantuq is the language of "something spoken", whereas in the sense of the literal sense indicated by the spoken lafadz itself. Manthuq itself is divided into nash, zahir and mu'awwal. While Mafhum is a language understood from a text, while in the term is "the implied meaning of a pronunciation (mahfum muwafaqah) or the reverse sense of the pronunciation

Problematik Perkawinan Di Bawah Umur di Kota Kendari Kamaruddin Kamaruddin
Al-'Adl Vol 10, No 2 (2017): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

The study entitled problematic marriage under Age in Kendari will be discussed and restricted to the issue of underage marriage is problematic particularly in the city of Kendari. Based on the description in the background of the problem can be formulated formulation of the problem posed in this study is: 1.How can the objective conditions of underage marriage in the city of Kendari? 2. What factors are affecting the underage marriage in the city of Kendari? 3. How Efforts are being made to the impact of underage marriages in the city of Kendari. The research objective is 1. To know and analyze the objective conditions of underage marriage in the city of Kendari. 2. To identify and analyze the factors that influence underage marriage in the City of Kendari.3. Know and analyze the impact of efforts made against underage marriage in the city ofKendari. Based on the explanation and discussion of the results of research related to underage marriages in Kendari, it can be concluded as follows: 1. Objective conditions underage marriage in Kendari is still going on and is still done by the residents of the mostly occurs due to pregnancy early, the fact is certainly contrary to the Law No. 1 of 1974 and the legal theory positivisme.2.The factors that influence underage marriage in Kendari are (1) low education, (2) a weak economy, (3) public awareness is still lacking, (4) cultural or environmental. 3. Efforts to do in reducing the impact of underage marriage is a massive socialization, bring awareness to the children of the bride about the benefits and dangers of underage marriage.

Implementasi Akad Percampuran dalam Hukum Ekonomi Syariah Muhammad Turmudi
Al-'Adl Vol 10, No 2 (2017): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Syirkah in Islamic economic law means the mixing of someone's property with others that begins with a contract / transaction so that between one part with another is difficult to distinguish. The mixing object consists of ay'n (real assets) in the form of goods and services and dayn (finan-cial assets) in the form of money and securities. Mixing Time consists of naqdan ie delivery at that time and ghairu naqdan surrender then or tough. In practice, Syirkah can be a mixing of 'ayn with' ayn, 'ayn with dayn and dayn with dayn. Shirkah has two main programs namely al-musharaka and al-mudaraba. Al-Musharaka is divided into shirkah amlak and syirkah 'uqud. musyarokah can be implemented in syariah banking through project financing and venture capital financing. Musyarokah is also implemented on Islamic insurance products, capital markets and SBSN / Sukuk. Al-Mudharabah differentiated into mudharabah muthlaqah, mudharabah muqayyadah and mudharabah musytarakah. Mudharabah in sharia banking and BMT is implementedin the form of saving futures, regular deposits and special deposits, working capital financing, special investments. Implementation of mudaraba in sharia insurance through premium from participant to insurance company and fund investment by insurance company to entrepreneur. Mudaraba also implemented in SBSN / Sukuk

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