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Al-Bayyinah
Published by Institut Agama Islam Negeri Bone
ISSN : 19797486     EISSN : 25805088     DOI : https://doi.org/10.35673/al-bayyinah.v1i2.20
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Mengundang para peneliti, dosen, praktisi hukum, mahasiswa, dan masyarakat umum untuk mempublikasikan hasil penelitiannya di Jurnal Al-Bayyinah. Jurnal Al-Bayyinah merupakan Jurnal Nasional terbitan Fakultas Syariat dan Hukum Islam Institut Agama Islam Negeri Bone yang fokus pada kajian; Hukum Islam, Hukum Keluarga Islam, Hukum Ekonomi Islam, Hukum Tata Negara Islam dan kajian sosial, budaya, adat yang dihubungkan dengan hukum Islam. Jurnal Al-Bayyinah yang telah diakses oleh Kementerian Riset, Teknologi, dan Pendidikan Tinggi.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
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Search results for , issue "Vol 6, No 1 (2022): Al-Bayyinah" : 7 Documents clear
Juridic Aspects of the Criminal Action of Child Neglection by Parents Jumriani Nawawi
Al-Bayyinah Vol 6, No 1 (2022): Al-Bayyinah
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/al-bayyinah.v6i1.2619

Abstract

This research is focused on how positive law enforcement is in providing protection to children from the criminal act of neglection. This study aims to determine the phenomenon related to conflict that often occurs in society in the form of neglect of parents to their children. Protection of children from violent criminal acts in the form of neglection from parents has been strictly regulated in regulations. This type of research is normative juridical research. The research was conducted qualitatively by relying on library research. The results showed that the forms of child neglect were physical neglect, educational neglect, emotional neglect, and medical neglect. Regarding the neglect of children by their parents, they should be legally accountable. The criminal act of neglecting children by their parents is very clearly regulated in the Child Protection Law Number 35 of 2014 concerning Child Protection and the Criminal Procedure Code.  
Constitutionality of Wiretapping by KPK in Optimization of Red-Handed Catch Operations Irfan Amir
Al-Bayyinah Vol 6, No 1 (2022): Al-Bayyinah
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/al-bayyinah.v6i1.2625

Abstract

Corruption is usually carried out in congregation and involves state administrators and/or law enforcement officers. This situation makes the Corruption Eradication Commission (KPK) often carry out Red-Handed Catch Operations/Operasi Tangkap Tangan (OTT). From these operations, the act of wiretapping has a very vital role in the success of OTT. However, KPK's steps in conducting wiretapping are sometimes disputed by various parties on the grounds that wiretapping has the potential to be misused by certain elements within KPK which can threaten a person's right to privacy and violate human rights. By relying on library research, this research is normative juridical research using qualitative descriptive data analysis techniques. The results of the study show that wiretapping is prohibited by law on the grounds of violating a person's right to privacy, but for the sake of law enforcement and eradication of corruption, wiretapping conducted by KPK is constitutional and does not conflict with Article 28D Paragraph (1) of the 1945 Constitution of the Republic of Indonesia. Privacy is not classified as a non-derogable right, KPK wiretapping is still limited and only aimed at someone who is indicated to have committed corruption.
Moderasi Fikih Muamalah di Indonesia: Analisis terhadap Paradigma Fatwa Dewan Syariah Nasional Amirullah Amirullah; Athoillah Islamy; Hamzah Hamzah
Al-Bayyinah Vol 6, No 1 (2022): Al-Bayyinah
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/al-bayyinah.v6i1.2634

Abstract

The development of the Islamic economic system in Indonesia is not always with a positive response in the community. This is often triggered by the community paradigm that is still problematic in responding to the various existing sharia economic fatwas. This normative-philosophical research aims to identify the moderation of the Islamic economic fatwa paradigm formulated by the National Sharia Council (DSN)-Indonesian Ulema Council (MUI). The theory of analysis in this study, namely the moderate fiqh paradigm that was initiated by Muhammad Quraish Shihab. The results of the study show that there is a mode of fiqh moderation in the four foundations of the formulation of the sharia economic fatwa by the DSN-MUI. First, al-Taysîr al-Manhaji. This foundation is in line with the fiqh al-muwazanat paradigm which emphasizes efforts to compare the levels of benefit to be chosen which is better in law formulation. Second,. at-Tafriq baina al-Halal wal Haram. This foundation is parallel to the pattern of the fiqh al-awlawiyat paradigm which considers the priority of the benefits and benefits of the fatwa provisions. Third, I'adah al-Nazhar. This foundation is parallel to the fiqh al-ma'aalat paradigm regarding the importance of reviewing the implications of legal provisions that have been set on the basis of more attainable benefit. Fourth, Tahqiq al-Manath. This foundation is parallel to the fiqh al-maqashid paradigm which emphasizes understanding regarding the purpose of a legal provision. The theoretical implications of this research show that Islamic economic fatwas can always be adaptive and contextual.
Reactualization of Criteria of Wealth in Islam as a Condition for Paying Zakat Maal Mustafa MH.
Al-Bayyinah Vol 6, No 1 (2022): Al-Bayyinah
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/al-bayyinah.v6i1.2639

Abstract

This article examines the criteria of wealth in Islam as a mandatory requirement in paying zakat maal. The goal is that Muslims avoid being misled in carrying out material religious obligations, such as zakat, infaq, and alms. This research is normative by using a qualitative approach, in describing the results of the study. The results show that the criteria of wealth are defined as the benchmarks used by syara’ in determining a Muslim is called wealthy (Muzakki), namely: First, if you have assets that exceed your basic needs and are free from debt; Second, a Muslim is considered rich, if he has more productive assets than consumptive assets; Finally, possession of property that reaches the niṣab, any type of property is equivalent to the gold niṣab of 20 miṡqāl.
The Theory of Change in Law: Al-Syatibi's Philosophy of Law Sylviah Sylviah
Al-Bayyinah Vol 6, No 1 (2022): Al-Bayyinah
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/al-bayyinah.v6i1.2605

Abstract

The conception of change in law is something that cannot be denied, it is caused by the reality of a very complex era. The birth of Islamic thoughts has become its own style in responding to global challenges and at the same time providing scientific treasures in the field of Islamic law. As-Syatibi is a reformer figure in change in law, especially in the dimension of Islamic legal philosophy. Thus, the reflection of this study reveals Al-Syatibi's conception of thinking in the frame of change in law. The method in this study is a conceptual study with a library approach, which examines books and books related to the object of study. The results show that al-Syatibi's philosophical thought of law cannot be separated from the concept of maslahat embodied in maqashid al-syariah by being seated at several levels of urgency, namely dharuruyah, hajjiyah and tahsiniyah. The conceptual framework of Al-Syatibi's thinking in the concept of change in law in achieving benefit. change in law must lead to human empowerment by reducing normativity and by bringing the law closer to its historical dimension.
The Existence of Financial Management Patterns in The Public Service Agencies Imron Rizki A.; Ma'adul Yaqien Makkarateng; Mustakim La Dee
Al-Bayyinah Vol 6, No 1 (2022): Al-Bayyinah
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/al-bayyinah.v6i1.2431

Abstract

This study discusses the financial management of the Public Service Agency (Badan Layanan Umum/BLU) in providing flexibility in the form of the flexibility to implement healthy business practices, improve services to the community and promote general welfare and educate the nation's life. By using descriptive analysis method and normative juridical approach, this research intends to describe something that is the object of critical research through qualitative analysis. Financial Management in BLU is widely applied in several government agencies that provide public services such as hospitals and government-owned higher education providers. Although the management of BLU is carried out separately from the parent agency, it must still be subject to and comply with the applicable laws and regulations regarding state finances.
Restorative Justice the Limitations of Authority of Police and Prosecutors in the Criminal Justice System Satriadi Satriadi
Al-Bayyinah Vol 6, No 1 (2022): Al-Bayyinah
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/al-bayyinah.v6i1.2594

Abstract

This study discusses the limits of authority of the police and prosecutors in implementing restorative justice in criminal cases. The Indonesia National Police, the Attorney General Office of the Republic of Indonesia, have implemented the principle of restorative justice as a form of dealing with criminal cases. The Indonesian National Police makes further regulations for each law enforcement agency with the principle of restorative justice which will be used as a guide in handling criminal cases, including Circular Letter of The Chief of Indonesia National Police No. SE/8/VII/2018 of 2018, The Chief of Indonesia National Police Regulation No. 6 of 2019, the Attorney General Regulation No. 15 of 2020. To analyze and understand restorative justice and the limitations of the police and prosecutor's authority in the criminal justice system, this study uses a normative legal research method, the data obtained through a literature study. The results show that restorative justice must be accompanied by an understanding of the concept of police discretion, because there is a relationship between discretion and restorative justice. The statement of reconciliation between the perpetrator and the victim contained in the statement letter should be the basis for investigators to terminate the investigation (SP3) other than those stipulated in Article 109 of the Criminal Procedure Code and the case is considered completed in Law Number 16 of 2004 concerning the Attorney Office of the Republic of Indonesia, in Article 35 letter c. The Attorney General of the Republic of Indonesia has released a regulation concerning Termination of Prosecution Based on Restorative Justice as contained in the Attorney General Regulation Number 15 of 2020. Based on this regulation, the public prosecutor has a strong legal basis for terminating prosecution of defendants in certain criminal acts and if between the victim and the defendant have an agreement to make peace.

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