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INDONESIA
Al-'Adl
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 10 Documents
 1 
Search results for , issue "Vol 14, No 2 (2021): Al-'Adl" : 10 Documents clear
The Using of Maslahah Mursalah Method as Hujjah Muh. Idris; Finsa Adhi Pratama; Lian Mulyani Muthalib
Al-'Adl Vol 14, No 2 (2021): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v14i2.2793

Abstract

After the death of the Prophet Sallallahu 'alaihi Wasallam, all the problems of Muslims are submitted to the scholars to look up for solutions from texts. The scholars are required to perform ijtihad in order to solve the problems arised by digging into the values of the text of the Qur'an and Hadith, in which the ijtihad will develop into ijtihad bir-ra'yi if the solutions cannot be found in the texts. There have been numerous methods used to deeply explore the laws such as ijma', qiyas, as well as istidlal like Istishab, Maslahah Mursalah, Al-Ihtihsan, Qoulu Shohaby, Syadd ad-Dzaro'i, Dilalah al-Iqtiran, Dilalah al-Ilham, Ru'yan of Prophet Sallallahu ‘alaihi Wasallam, and Syar’u Man Qoblana. All decisions from Allah Ta'ala definitely has the benefit value as it is impossible for Allah Ta'la to make a decision that is in vain. Starting from these values then born the Istimbath which is Maslahah Mursalah law. So, this discussion focuses on the meaning of maslahah mursalah, the background for the birth of the maslahah mursalah method, the division of maslahah mursalah, and the validity of maslahah mursalah as istidlal in ushul fiqh. This study uses literature review method by relying on the strength of references and strong analysis of literacy texts. The conclusion that can be drawn from this discussion is that maslahah mursalah is something that is beneficial for humans as the goal of syara'. There are differences of opinion regarding the position of maslahah mursalah in Islamic law, in which some accept it and some reject it to be used as hujjah. However, the two of them met at the point that the groups that reject is the maslahah that only based on lust and mind, they do accept maslahah as hujjahif it is in line with what is required by syara'. 
Analysis of Law Enforcement on Crime of Regional Head Elections in South Konawe Regency Hasni Hasni; Syamsul Bachri; St. Fatmawati
Al-'Adl Vol 14, No 2 (2021): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v14i2.2656

Abstract

The Effectiveness of Election Administrative Law Enforcement by the General Election Supervisory Agency Bahari Bahari; Laode Bariun; Winner Agustinus Siregar
Al-'Adl Vol 14, No 2 (2021): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v14i2.2842

Abstract

This research examines the the effectiveness of election administration law enforcement by the General Election Supervisory Agency in the application of Law no. 7 of 2017 concerning Elections related to handling violations, namely Article 461 paragraph 6 and  Article 464 of Law Number 7 of 2017 in handling administrative violations in the 2019 Election at Southeast Sulawesi.  With the various forms of Administrative Election violations found in the 2019 General Election, it takes hard work from the Election Supervisory Agency (Bawaslu) to handle administrative violations in order to create the 2019 Election that is fair, honest, and free of various kinds of violation. The method of this research uses empirical normative legal research with a statue approach. The results showed that administrative violations processed by Bawaslu of Southeast Sulawesi Province reflect the effectiveness of the application of Article 461 paragraph 6 and Article 464 of Law Number 7 of 2017 in handling administrative violations in the 2019 Election at Southeast Sulawesi. Bawaslu of Southeast Sulawesi Province has handled 5 (five) administrative violations with verdicts that do not meet the formal and material requirements, 2 (two) administrative violations with a verdict not proven legally and a verdict proven legally. This achievement is an effective performance of making verdict that lead to doing things right, which contributes to fulfill mission or achieve goals of agency. The violation was caused by the reported party's unconsciousness that it qualifies as a violation and the reported lack of awareness in implementing direct, general, free, confidential, honest and fair in the administration of elections. From the aspect of legal culture, the general public or the parties misunderstand that their actions are classified as violatios in election.
Dehumanisation Of Moronene Hukaea Laea Indigenous Community In Setting The Boundary Of Ulayat Rights Andi Yaqub; Ashadi L. Diab; Andi Novita Mudriani Djaoe; Riadin Riadin; Iswandi Iswandi
Al-'Adl Vol 14, No 2 (2021): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v14i2.2932

Abstract

The determination of the area of customary rights of indigenous peoples is a form of protection for indigenous peoples, a step to overcome vertical conflicts between the Moronene Hukaea Laea indigenous people and conservation or national park managers. This study aims to capture the extent to which the position and existence of Perda no. 4 of 2015 on the recognition of the customary rights of the moronene indigenous people of Hukaea Laea. This type of research is descriptive analysis with a qualitative approach, the research location is in Watu-Watu Village, Lantari Jaya District and Rawa Aopa Watumohai National Park, Bombana Regency and the data collection of this study is through direct interviews and deductive conclusions are drawn. Based on the results of this study, the forms of dehumanization of the Moronene Hukaea Laea indigenous people include: (1) In 1997 the Moronene Hukaea Laea indigenous people experienced intimidation by the universe broom group such as burning houses and land and in 2002 repeated home destruction and eviction ulayat areas by the government because the Moronene indigenous people are in conservation areas or national parks, the pretext of expulsion and arrest of customary leaders and indigenous peoples of Moronene Hukaea Laea has based on a negative stigma that the existence of indigenous peoples is a group that destroys ecosystems and ecology. (2) In 2015 the stipulation of Regional Regulation No. 4 of 2015 is not substantive because it only regulates the existence of indigenous peoples, not the absolute determination of territory by the Hukaea Laea indigenous people. This is indicated by the policy of the Minister of Forestry which concluded that based on the total population of the Hukaea Laea Indigenous Peoples, only 6,000 hectares could be controlled. Based on this policy, the local government shows inconsistency towards the indigenous Moronene Hukaea Laea after placing its position as a mediator between the Minister of Forestry, conservation area managers, and the Hukaea Laea Indigenous Community.
The Role of the Kendari City Covid-19 Handling Task Force in Preventing the Spread of the Covid-19 Virus in Kendari City Based on Presidential Regulation Number 82 of 2020 Aris Nur Qadar Ar.Razak; La Ode Muhammad Iman Abdi Anantomo Uke; Muh. Asrianto Zainal; Aris Darmawan Al Habib; Ahmad Rizal Darwis
Al-'Adl Vol 14, No 2 (2021): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v14i2.2854

Abstract

The purpose of this article is to find out the role of the Kendari City Covid-19 Handling Task Force in preventing the spread of Covid-19 in Kendari City. This paper is included in empirical legal research. The results showed: First, the role of the Kendari City Covid-19 Handling Task Force in Preventing the Spread of Covid-19 in Kendari City is divided into 2 steps, namely: 1) prevention steps in the form of: distribution of masks, provision of a place to wash hands and handsanitizer, check body temperature, spraying disinfectants in public places and socializing health protocols in the form of pamphlets and banners. Second, the steps to take in the form of: fines, reprimands and social sanctions. Second, the effectiveness of the Kendari City Covid-19 Handling Task Force in Preventing the Spread of Covid-19 in Kendari City is considered to be at an effective level. This can be seen from the good relationship between the substance of the law (rules regarding the prevention of covid), law enforcement (the Covid 19 Prevention Task Force Team), and Legal culture (legal awerness of the Kendari community).
Contextualization of The Istiṣḥāb Wa Sadd Al-Żarī’ah Towards Islamic Economic Practices in Indonesia Hendri Hermawan Adinugraha; Fahrodin Fahrodin; Ade Yusuf Mujaddid
Al-'Adl Vol 14, No 2 (2021): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v14i2.2417

Abstract

Istiṣḥāb wa sadd al-żarī’ah are two methods of legal decision making in Islam among other methods, whose application always rests on the concept of maṣlahāt. This study describes how the application of istiṣḥāb wa sadd al-’arī’ah to contemporary economic problems in Indonesia. This research is a research library. Data sources are literature or come from various literatures, including books, journals, newspapers, documents, etc. which are relevant to the contextualization of istiṣḥāb wa sadd al-żarī’ah in Islamic economic practices in Indonesia. Data collection techniques in this study used editing, organizing, and finding. Data analysis in this study used deductive and interpretive methods. The results showed that the method of istiṣḥāb wa sadd al-żarī’ah is still very relevant for contextualizing Islamic law in Indonesia in the midst of efforts to oppose social change in facing the challenges of the times, especially in fields related to social and economic practices in Indonesia. Its application still refers to the objectives of Islamic law (maqāṣid al-syarī’ah) and always takes into account the values of mafsadāt and maṣlahāt in istinbaṭ al-hukm.
Criminal Law Enforcement against Illegal Nickel Ore Mining (A Case at Resort Police of Kolaka Utara) Jamarin Riche
Al-'Adl Vol 14, No 2 (2021): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v14i2.2488

Abstract

The crime of illegal nickel ore mining is a crime in the mining business carried out by individuals, groups of people, or companies/foundations with legal entities in which their operations do not have a legal permit from government agencies based on the applicable regulations threatened by the criminal sanctions for anyone who violates the prohibition. Article 38 of Law Number 3 of 2020 concerning Mineral and Coal Mining states that “Mining business actors include business entities, cooperatives, and Individuals." Accordingly, mining actors can be grouped with large-scale mining, medium-scale mining, and small-scale mining in the form of community mining. This research used an empirical legal research method to obtain primary data through observation and interviews in Sulawesi Tenggara related to the enforcement of criminal law against illegal nickel ore mining (a case study at the regional police of Kolaka Utara). With the change in the legislation regarding mining itself, the government with the Regional Police of Sulawesi Tenggara must have controlled and eradicated the illegal mining that occurred in Sulawesi Tenggara, included Kolaka Utara. Accordingly, the research problems are 1. What are the police efforts regarding the law enforcement for the criminal act of illegal nickel ore mining at the regional office of Sulawesi Tenggara? 2. What are the factors that hinder the police in enforcing the criminal act of illegal nickel ore mining? Law enforcement is an attempt to bring the ideas of justice, legal certainty, and social benefits into reality. Law enforcement is essentially a process of an embodiment of ideas. Enforcement is the process of making efforts to establish or functioning the legal norms as guidelines in legal relations in social and state life.
Chemical Castration Sanctions for Perpetrators of Child Sexual Violence in the Frame of Islamic Criminal Law Rachmadani Rachmadani; Sarwo Zulfahmi Muhammad Daming
Al-'Adl Vol 14, No 2 (2021): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v14i2.2769

Abstract

This article discusses the review of Islamic criminal law regarding sanctions castration chemistry for the perpetrators of sexual violence against children. It is motivated by the rampant cases of sexual crimes against children have increased every year. As a response to the things that President Joko Widodo has issued Government Regulation No.. 70 Year 2020 about procedures for the Implementation of the Action Castration Chemistry, the Installation of the Detector Electronics, Rehabilitation and the Announcement of the Identity of the Perpetrators of Sexual Violence against Children. This rule gave authority to the state to be able to impose sanctions castration chemistry for the perpetrators of sexual violence against children. As for the problem studied in this research is how the forms of sexual violence in children? and how the determination of sanctions castration chemistry for the perpetrators of sexual violence against children is viewed from the perspective of the criminal law of Islam? This study uses the approach of normative juridical to discover the basics of the law of the criminal law of Islam-related sanctions gelding chemical. While methods of data collection using the method of literature, after the data collected then analyzed and interpreted by means of deductive. The results showed sanctions gelding chemical was done as an attempt of recovery of sexual disorders, so it can be said this punishment is not as torture against the perpetrators. As for the sanctions gelding chemical in the perspective of Islamic criminal law can be categorized punishment ta'zir which is a sentence that has a minimum and a maximum that is determined by a judge. The judge reserves the right to impose a penalty gelding chemical if the defendant is convicted of a violation based on the applicable law, because of the type of punishment is not in the nash.
The Dynamics Marriage Readiness of Muslim Adolescent from the Perspective of Psychology and Islamic Law Eka Sufartianinsih Jafar; Andi Yaqub
Al-'Adl Vol 14, No 2 (2021): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v14i2.2954

Abstract

The high rate of divorce in young couples is motivated by psychological and spiritual unpreparedness. Premarital education is a resolution to minimize the divorce rate. This study aims to hack the knowledge and understanding of Muslim adolescents regarding marriage and marriage readiness from a psychology and Islamic law perspective. This type of research uses a descriptive quantitative data collection method using a survey in the form of a questionnaire. The research subjects were 820 adolescents aged 15-20 years who came from various levels of education, namely senior high school students (54.5%) and undergraduate students (45.5%). The results of this study indicate that there are several motivations for marriage for Muslim adolescents, namely (1) wanting to justify themselves by 49% (2) wanting to get attention and affection by 20.5%, (3) wanting to have children by 15.6%, (4) improve the economy by 10%, (5) follow parents wishes 4.9%. While the things that teenagers need to prepare for marriage are (1) Economy by 31.9%, (2) Studying Religion by 29.4%, (3) Education by 20.7%, and (4) Improving Character 18%. Adolescent understanding is still low on the purpose of marriage and the forms of marriage readiness. Indicated by the orientation and motivation of marriage is dominated by the fulfillment of biological and material needs. The implication of this research is to be able to provide a comprehensive view in terms of marriage readiness from the point of view of psychology and Islamic law as reference material for providing premarital preparation/premarital education to adolescents so that they can prepare for married life.
The Contextualization Of The Māqāṣid Al-Syarīah Jasser Auda Theory In The Concept And Practice Of Islamic Family Law Soni Zakaria
Al-'Adl Vol 14, No 2 (2021): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v14i2.2396

Abstract

This study aims to explain how the contextualization of Jasser Auda's māqāṣid āl-šyāriāh theory is used in the Islamic family law paradigm approach. This issue is important to be discussed for some reasons. First, the approach used in the paradigm of Islamic family law in Indonesia is still not based on maqasid. Second, the concept of maqashid al-syariah has a major contribution to develop the paradigm of Islamic law, including in the field of Islamic family law. Third, the concept of maqashid Auda refreshes the discourse of renewing approaches in Islamic family law. This study uses a qualitative approach with implementing a combination study, which is a combination of literature review and social contextualization. The findings showed that the concept of māqāṣid āl-šyāriāh Jasser Auda contributed greatly to the development of a paradigm in the Islamic family law study approach. The concept of māqāṣid āl-šyāriāh Jasser Auda emphasizes the value of guarding and protection towards development and rights, thus family law which has been oriented towards safeguards, can be changed towards family development. Furthermore, Auda’s philosophy system approach can be used as an alternative approach in the study of family law. The implication is that the approach offered by Jasser Auda in family law will be in line with the achievement of the Human Development Index indicators in the United Nations Development Program (UNDP).

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