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Al-Adalah: Jurnal Hukum dan Politik Islam
Published by Institut Agama Islam Negeri Bone
ISSN : 24068802     EISSN : 2685550X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Al-Adalah : Jurnal Hukum dan Politik Islam is an academic journal for Legal Studies published by Study Program of Constitutional Law, Shariah and Islamic Law Faculty, Islamic State Institute of Religion (IAIN) Bone, Indonesia. Al-Adalah: Jurnal Hukum dan Politik Islam contains several researches and reviews on selected disciplines within several branches of Legal Studies (Sociology of Law, History of Law, Comparative Law, etc.). In addition, Al-Adalah; Jurnal Hukum dan Politik Islam also covers multiple studies on law in a broader sense. This journal is periodically published (in January and Juli) and the approved and ready-to-publish manuscripts will also be regularly published in the website (with early view) and the hardcopy version will be circulated at the end of every period.
Arjuna Subject : -
Articles 65 Documents
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PEMBINAAN ANAK DIDIK PEMASYARAKATAN BERORIENTASI REHABILITASI SOSIAL DI LEMBAGA PEMASYARAKATAN KELAS IIB MERAUKE Mulyadi Alrianto Tajuddin; leonardus Abung
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 4, No 2 (2019)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/ajmpi.v4i2.414

Abstract

The effectiveness in the existence of social rehabilitation for correctional students in Merauke Class IIB Correctional Institutions has not yet fully provided guidance in accordance with Law Number 12 of 1995 concerning Corrections because the Class IIB Correctional Institution of Merauke is a General Correctional Institution and Not a Special Penitentiary for Children. This study examines the formation of correctional students in Merauke Class IIB Correctional Institutions which are socially oriented and inhibiting factors in conducting social rehabilitation for correctional students in the Class IIB Correctional Institution of Merauke. This study uses an empirical juridical approach method with a qualitative analysis which then results are obtained that the social rehabilitation of the implementation of coaching in the Class IIB Correctional Institution of Merauke is carried out namely the fostering of religious awareness, fostering intellectual abilities (intelligence) and fostering legal awareness, However, social rehabilitation such as fostering national and state awareness, and guidance to interact with the community has not been carried out at the Merauke Class IIB Penitentiary so that social rehabilitation at the Merauke Class IIB Penitentiary has not been effective and there is also a lack of facilities and staff resources at the Class IIB Penitentiary Office in Merauke. There needs to be an increase in solutions to solutions or alternatives in the completion of social rehabilitation in the future will be achieved and carried out properly referring to Law No. 12 of 1995 concerning Corrections
Menjerat Kader, Melepas Partai Politik; Pertanggungjawaban Pidana Partai Politik Dalam Kasus Tindak Pidana Korupsi Zulkifli Aspan; Wiwin Suwandi
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 5, No 1 (2020)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/ajmpi.v5i1.677

Abstract

Amid the resounding steps of the KPK to carry out the law enforcement function of eradicating Corruption, there are still things that feel stagnant. The KPK does not or has not dared to ensnare political parties in corrupt criminal liability, using corruption laws. In each case with dimensions of political corruption, the KPK only ensnares party elites, but does not at the same time demand criminal liability from political parties. In fact, in several cases investigated, the flow of funds flowed into political parties. As a special offense, revising the Corruption Law, by entering the phrase "legal entity", in addition to the phrase "everyone" is needed to find, or build a channel to ensnare political parties in corruption criminal liability. accompanied by state losses and fines. Administrative sanctions can also be applied through freezing through the Kemenkumham or the dissolution of these political parties through the Constitutional Court's path when the KPK's charges and demands can be proven.
EFEKTIVITAS PEMANGGILAN GHAIB TERHADAP PERKARA PERCERAIAN DI PENGADILAN AGAMA (Studi Kasus pada Pengadilan Agama Kelas 1 A Watampone) Jamaluddin T
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 3, No 1 (2018)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/ajmpi.v3i1.187

Abstract

One of important duty of Justice of Religion is execute denominating to be suedunknown of its recidence so its rightss fufilled. In section 27 ( 1) Regulation ofGovernment of Number 9 Year 1975 mentioning that If recidence sued unknownor ill defined or don't have recidence which remain to like the in Section 20sentence ( 2), call done by gluing suing at pasteboard in Justice and announcing itthrough one or some other mass media or newspaper which specified by Justice.Denominating of ghaib in Justice of Religion of Watampone, since ahead hithertostill use radiogram media (radio Suara Daya Indah Bone), a media broadcasting ofold and first public in Bone. From other side Radio media, Justice of Religion ofWatampone also paste up the the writ [in] pasteboard, not yet used other medialike social media and newspaper which use facility of internet which [is] likedmore notabene and used by society in this time. Radio of SDI its broadcast reachnot yet reached all region of Bone particularly again entire/all Indonesia region.Case of occult is sued case or requesting of unknown address or him categoricallyin all Indonesia region. Data of Young Fiscal clerk of Suing, that amount of caseof ghaib every year + 200 case. Year 2016 243 case, while January - August 2017amounting 138 case. Result of incoming denominating next to nothing becausedenominating, but just because notification of its family or others.
PROBLEMATIKA ISBAT NIKAH POLIGAMI SIRRI Mukhtaruddin Bahrum
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 4, No 2 (2019)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/ajmpi.v4i2.434

Abstract

The law No. 1 of 1974 concerning marriages annunciates that the success of marriages conducted must be by their religion and beliefs, in addition to being valid and approved by the state, therefore marriages must be approved by those invited. However, in reality, some people deviate from marriage registration requirements. The cause is not only lack of people's awareness to register a marriage, also driven by the difficulty to obtain permission to do polygamy, thus those who want to do polygamy prefer sirri polygamy. The awareness of how important the marriage registration is will only arise if in the future there is an interest in dealing with the law. These things encourage someone to ask for marriage isbat upon the sirri polygamy in the Religious Court. Therefore, marriage isbat upon Sirri polygamy will cause positive and negative effects in its implementation. To discuss the positive and negative effects of sirri polygamy marriage, the researcher uses normative juridical research methods with qualitative descriptive research analysis. The results showed that from a positive perspective, marriage is required for Sirri marriage to get a Legal Guarantee (Article 6 Paragraph 2 KHI). Since with the stipulation of Sirri polygamy, candidates of Sirri polygamy have a basis to get a marriage book (Article 7 Paragraph 1 KHI). As a result, there is an increase regarding the social status in the community that was once Sirri has now become official. Besides, the changes occur in the status of children as well as rights in shared assets and inheritance before the law. While from the negative side, if the Sirri polygamy is granted and/or the marriage is accepted, it means those who has deviated the law are approved and justified. The indirect impact is the assertion of values that must be issued by the provisions regarding the requirements of polygamy. Therefore, based on SEMA No. 3 of 2018, the Supreme Court no longer gives the permission to ratify Sirri polygamy.
Menakar Tujuan Hukum dibalik Putusan MA No. 46 P/HUM/2018 Yang Pro Koruptor Nurlindah Nurlindah; A. Sugirman; Rosita Rosita
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 4, No 2 (2019)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/ajmpi.v4i2.412

Abstract

In welcoming 2019 concurrent general elections, the General Election Commission issued PKPU No. 20 of 2018, one of which banned former convicts of corruption from becoming legislative candidates on the grounds that corruption is an extraordinary offense that is commonly practiced by legislators both individually and in congregation. The regulation is stated in Article 4 paragraph (3) PKPU No. 20 of 2018 concerning Nominations for Members of DPR, Provincial DPRD and Regency / City DPRD. However, the regulation was canceled with the issuance of Supreme Court decision No. 46 P / HUM / 2018. Based on this, the limitation of the problem of this research is how to measure the aspects of the legal objectives behind the decision No. 46 P / HUM / 2018 which are more pro-corrupt so that they can understand the judge's decidendi ratio in canceling the prohibition of ex-convicts from becoming legislators. This type of research is normative legal research with a statutory approach and conceptual approach. The theoretical basis in the presentation of research results is the theory of legal goals by Gustav Radbruch namely justice, certainty and usefulness which is compared with Islamic law. The results of this study indicate that the Supreme Court's consideration overturned PKPU No. 20 of 2018 because it is considered contrary to Article 240 of Law No. 7 of 2017 concerning General Elections and Article 12 of Law No. 12 of 2011 concerning Formation of Laws and Regulations. The Supreme Court's considerations in the a quo ruling contain the three legal objectives. However, it is more inclined to legal certainty, so it does not reflect the value of justice that lives in the community. The cause of not achieving the values of justice that live in the community in the a quo decision is because the basis for testing the regulation is Law No. 7 of 2017 concerning General Elections does not prohibit such matters, even though the nomination rules on the executive body namely the President and Vice President require that they do not have a bad track record. Likewise when viewed from Islamic law which requires legislative candidates called ahlul ahli wal aqdi must have a fair way which means having integrity and a good image in the society.
Pemberian Hak Remisi Bagi Narapidana Narkotika Berstatus Justice Collaborator Jupri Jupri
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 5, No 1 (2020)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/ajmpi.v5i1.611

Abstract

Indonesia as a paradise for narcotics distribution in Southeast Asia is inseparable from the influence of the Golden Triangle Syndicate, which is a narcotics distribution syndicate in accordance with the golden triangle line that covers three countries, Thailand, Laos and Myanmar. All in various narcotics cases revealed by the National Narcotics Agency or the Police as if the state was made helpless, some convicts who can be behind bars with Correctional Institutions (Lapas) are able to connect narcotics distribution in Indonesia. Therefore, it is necessary to uncover strategies through the role of Justice Collaborator but they are not easy to implement. This study discusses how to request remission rights for narcotics prisoners with Juctice Collaborator status in Lapas Class III Pohuwato. The research method used in this study is the normative-empirical legal research method. The results of the study show that remission is a right for inmates so that it cannot be eliminated, but it can be limited by the additional requirements that must be fulfilled, namely becoming a Justice Collaborator. From 28 narcotics prisoners, only 8 people get remission. As for prisoners who have not received remission, they are constrained in a letter of justice collaborator from investigators / prosecutors.
Penanganan Covid-19 Dalam Pendekatan Kaidah Fikih dan Ushul Fikih (Analisis Kebijakan Pembatasan Sosial Berskala Besar Dibidang Keagamaan) Shubhan Shodiq
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 5, No 2 (2020)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/ajmpi.v5i2.743

Abstract

The corona virus are sweeping the world. Transmission that is so fast from human to human causes heavy casualties. Based on research, this virus commonly spread through droplets and direct contact with sufferers. Nowadays, vaccines and drugs are still being developed by experts. Therefore, almost all country take on policies to prevent the spread of the virus. As an affected country, Indonesia also issued a policy of Pembatasan Sosial Sekala Besar (PSBB) (Large-Scale Social Restrictions). This rule regulate various aspects such as restrictions on educational, employment and worship activities. In the rules of worship, this regulation requires temporary abolition of worship in worship place. This instruction raises the pros and cons in society. Some people consider the omission of observance in the worship place is inappropriate due to the fact that other public places such as markets are still open. Using kaidah fikih and ushul fikih approach, this paper analyzes the policy. The results of this study indicate that the policy of eliminating the worship in the worship places during a pandemic is not inapposite with Islamic law. Moreover, to issue other policies in dealing with this pandemic, based on Islamic law, safeguarding lives (hifzh al-nafs) is prioritized more than protecting assets (hifzh al-mâl).
Delik Santet Dalam Konstruksi Rancangan Kitab Undang-Undang Hukum Pidana Satriadi satriadi
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 5, No 2 (2020)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/ajmpi.v5i2.807

Abstract

This study discusses witchcraft (santet) as one of the controversial offenses in the Criminal Code Bill. Socially, witchcraft (santet) is believed to be an act that can harm people, narrate, or even kill people. However, based on the principle of legality and the difficulty of proving, acts of witchcraft (santet) cannot be criminalized so it is not uncommon for people accused of being witchcraft (santet) to due of process of law. To analyze and understand the offense of witchcraft (santet) in the construction of the Draft Bill of the Criminal Code, this study utilizes normative legal research methods whose data are obtained through a literature study. The results showed that witchcraft (santet) as a criminal act was constructed into the category of the formal offense whose proof did not lead to the presence or absence of magical power possessed by someone, but criminalized was a criminal offense committed, namely a person who intentionally announced he had supernatural powers, offered his services in undertaking harm to others in the form of illness, death or mental or physical suffering.
Sengketa Pendaftaran Hak Milik Atas Tanah Dewi Arnita Sari
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 5, No 2 (2020)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/ajmpi.v5i2.816

Abstract

This journal aims to find about Ownership disputes land rights Related to land registration in Makassar city. The purpose of this study is : 1. to analyze the factors affecting the dispute over ownership of land that has been registered in Makassar. 2. to analyze how far the solutions are provided by the government in resolving ownership of land that has been registered.This research is descriptive research with empirical juridical approach method. Research method used is method by using primary and secondary data with data collecting technique that are interview and questionnaire. The population of this study are the employee office of the state land agency Makassar and public figure. Sample in this research is 30 respondents by using technique purposive sampling.The results of this study shownthat : (1). the factors affecting the dispute over ownership of land are Legal factors, law enforcement factors, facilities and infrastructure factors. (2). There are two solutions are provided by the government in resolving ownership of land, that was The national land agency facilitates to do mediation and Solutions through the judiciary, negotiations, and others Depending on the perpetrators leading in the direction of a good solution to them. Recommendation of this research is Government is expectedPlay an active role So that people did not have problems in dispute signs in the future, that is Increased administration to be more thorough in making land certificates In order to minimize the dispute. Developing the training in order to increase human resource of law enforcer, socialization to public can be held in great quantities and all of reinforced facility supplying so that all of factor whom can influence presence of proprietary right dispute for estate can be minimalized.Keyword : Ownership disputes land rights, land registration
Fiqih Perserikatan Wanita Dalam Politik dan Jihad Riza Umami; Ashif Az Zafi
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 5, No 2 (2020)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/ajmpi.v5i2.692

Abstract

This scientific article aims to provide understanding and knowledge to readers about the jurisprudence of women's unions in political matters and also women's unions in wars and jihad such as what is good and what Allah accepts. Because many people think that the woman is only a housewife whose job is to educate children and serve their husbands. That women are also allowed to participate in politics and jihad. And there are laws in jihad. The method used for the research of this scientific article uses a qualitative descriptive method that is the data that has been obtained by the author presented in the discussion. In obtaining data the author uses literature in the form of books and journals, and also international journals.

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