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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 8 Documents
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Search results for , issue "Vol 6, No 2 (2022): Al-Bayyinah" : 8 Documents clear
Provision of Notary Services in Making Preliminary Sale and Purchase Agreement Deeds for Low-Income Communities in Makassar City Alfiana Alfiana; A. Pangerang Moenta; Muhammad Azwan
Al-Bayyinah Vol 6, No 2 (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.v6i2.2795

Abstract

This study aims to determine whether related to the authority of a Notary in providing free services in making of the sale and purchase agreement deed for low-income people and regarding of whether the imposition of sanctions had been realized or not. This research was empirical law and analyzed descriptively qualitative. From the results of the research conducted, it was determined that the provision of free legal services, especially in making of the sale and purchase agreement deed for low-income class in Makassar, had not been realized. Sanctions for notaries who provide free services had never been realized in Makassar. If in the future the public and other Notaries are reported that these obligations are not fulfilled, the Notary Supervisory Council may impose administrative sanctions on the Notary.
Legal Construction against Customer Deposit Protection as a Result Liquidity of PT Bank Perkreditan Rakyat Mustika Utama Kolaka Ashadi L. Diab; Rizal Darwis; Asni Zubair; Sitti Selamita
Al-Bayyinah Vol 6, No 2 (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: 10.30863/al-bayyinah.v6i2.3045

Abstract

This article discusses the protection of customer deposits of PT. Bank Perkreditan Rakyat (BPR, rural bank) Mustika Utama Kolaka. This type of research is descriptive and qualitative with data collection methods using observation, interviews, and documentation. The research data is categorized into primary data and secondary data, processed and analyzed through data reduction steps, data presentation, and conclusion drawing with an analytical descriptive approach. The results showed that the procedure carried out by the Financial Services Authority (OJK) in the process of expiring PT. BPR Mustika Utama Kolaka's license was to carry out direct and indirect supervision of the bank. OJK after declaring its business license revoked, the handling of customer deposit protection is carried out based on the procedures established by the Indonesia Deposit Insurance Corporation (IDIC) by referring to Law Number 21 of 2011 concerning the Financial Services Authority. On the other hand, in terms of the legal construction of conflict resolution between customers and the bank, it prioritizes steps to acculturate local wisdom and actualize legal culture in the local community.
Sociological Aspects in the Determination of Islamic Law Ismail Keri; Achmad Musyahid; Kurniati Kurniati
Al-Bayyinah Vol 6, No 2 (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: 10.30863/al-bayyinah.v6i2.2944

Abstract

Islamic law, as inherent in legalizing a problem faced by society, is an interesting discussion in the reflection of religious law in society. How not, the problems faced by the community continue to grow and are always global, as a large current that must find a solution. The dialogue between the sociological aspect and the establishment of Islamic law is a discourse that continues to get attention and must get factual answers as a result of reformulation of Islamic law towards a better direction. This study is a conceptual study or literature review, which examines data from Islamic law books, books and journals that have relevance. The result of the research shows that, the constructive relation of Islamic law between the sociological aspect and its stipulation is something that cannot be separated. The determination of Islamic law, always considering the sociological aspects of society, shows that the law is for human beings, so it is not surprising that Islamic law is flexible and measurable. The implication that is born in the sociological aspect is the establishment of a sweet and elastic Islamic law determination while still paying attention to its normative and historical aspects.
Justice of a Husband who Performs Polygamy in Classic, Contemporary, and Indonesian Perspectives Ruslan Daeng Matteru; Abdulahanaa Abdulahanaa
Al-Bayyinah Vol 6, No 2 (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: 10.30863/al-bayyinah.v6i2.3187

Abstract

Polygamy in classical views, contemporary views and Indonesian perspectives, is an urgent matter to be known as a treasure trove of Islamic thought. The implication is clearly illustrated that in fact the problem of classic marriage terms has been experiencing developments that are considered by culture and trends to be appropriate for the times. Hadith about polygamy requires interpretation and correlation with the cultural context of marriage that has occurred in various parts of the world, especially in the Arabian Peninsula in the pre-Islamic era, past and present. Through this study, it will reveal polygamy in classic, contemporary and Indonesian dimensions. The method in this study is a literature approach, by examining classic books, books and articles related to polygamy. The results of the study indicate that the scholars agree on justice as a condition for allowing polygamy and for those who violate the terms of justice in polygamy can be subject to sanctions, but there are differences regarding the form of sanctions that can be imposed. In the classical perspective the threat is understood as a threat to morality, while in the contemporary and Indonesian perspective the threat is understood as a threat that can be subject to ta'zir punishment in the form of criminal or civil sanctions, it's just that the legislation governing marriage in Indonesia does not regulate sanctions for violation of the law.
An Islamic Law Perspective on the Concept of Shopeepaylater Muspita Sari; Hardianti Yusuf; LD. Dian Hidayat S; Widia Astuti
Al-Bayyinah Vol 6, No 2 (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: 10.30863/al-bayyinah.v6i2.2962

Abstract

Technology in this era has developed very rapidly. There are many applications that were created to facilitate human activities. One of them is the emergence of e-commerce that can make it easier for anyone who wants to shop, but is lazy to leave the house. All needs ranging from clothes, food, skincare, bags, food, home furnishings, gadgets, books and many more are available there. All of that is easily obtained in just a matter of minutes or even seconds. By online shopping, it will save energy and time. Only by purchasing goods via smartphone, then waiting for them to arrive at home. One of the e-commerce that is widely used by the public is Shopee application. The more Shopee users, the more Shopee wants to provide all the convenience of facilities and attractive promos every month. The previous payment method could only be via COD (Cash on Delivery), minimarkets, bank transfers and shopeepay. Now you can make payments on credit. The credit concept or ShopeePayLater offered by Shopee by allowing its users to make purchases of goods without having to wait for the money. If there is an urgent to buy goods using ShopeePayLater, then Shopee will lend funds which will then be paid in the following month according to mutual agreement. However, behind all the benefits offered to ShopeePayLater users. There are still many who have doubts about the law because for every transaction, Shopee provides additional handling fees and interest rates. The interest rate referred here clearly includes usury and it is strictly prohibited according to Islamic law.
Transaction Agreements Through Internet Media Electronic Systems (E-Commerce) in the Perspective of Civil Law and Islamic Law Dewi Arnita Sari
Al-Bayyinah Vol 6, No 2 (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: 10.30863/al-bayyinah.v6i2.3204

Abstract

E-Commerce or what is known as electronic commerce is a product in the digital era. E-Commerce Agreements have become a new color in the economic world, especially in providing convenience in making an agreement in a transaction. Like an agreement in general, but the difference is that the contract is not in one assembly. It is urgent to get a factual answer related to its validity in the dimensions of civil law and Islamic law. nik. This study is normative research with literature study. The results of this study indicate that: (1) Even though there is one of the legal conditions of the agreement that is not fulfilled, namely the qualification requirements of the parties, the agreement made by the merchant and customer remains valid and binding and becomes a law for merchants and customers because the skill requirements are included in subjective conditions where a condition is not fulfilled in the agreement. does not cause the agreement or contract to be invalid, but the agreement or contract can be requested for cancellation. Meanwhile, according to the Islamic perspective, it is permissible as long as it does not contain elements that can damage it, such as tyranny, fraud, cheating, containing usury, forbidden cases and the like and fulfilling the pillars and conditions of buying and selling. (2) Then, problems in the implementation of E-Commerce can actually be overcome by using technology assistance, including cryptography and digital signatures that are useful for providing guarantees of data authenticity, data confidentiality, and data validity using SSL (Secure Socket Layer) on the browser engine to provide security against eavesdropping. data in the process of electronic transactions. Cooperation between merchants and banks and account and credit card issuers to ensure the accuracy of the data submitted, especially regarding skills. Good faith from the merchant by using software that has been tested to always update the information submitted in order to provide correct information about the existence of the goods.
Criminal Sanctions as the Answer of the Vaccum in Adminstrative Law Enforcement Jennifer Jennifer; Anastasia Maria Gabriela; Kezia Linardi
Al-Bayyinah Vol 6, No 2 (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.v6i2.2848

Abstract

Administrative sanctions are considered not sufficient to meet the legal needs of state administration so that they require assistance with criminal sanctions in law enforcement. However, the clarity regarding the transition in the use of administrative sanctions to criminal sanctions has not been regulated with clear boundaries. The varied and subjective implementation certainly causes injustice and legal uncertainty for the community, especially those who receive sanctions. This study uses a juridical normative approach. This paper explains the role of criminal sanctions to fill the legal vacuum that cannot be provided by administrative sanctions, causing the importance of the existence of criminal sanctions in every administrative law. This paper also finds that there is no legal certainty to regulate the structure of the use of sanctions in administrative law. The urgency of the formation of rules that meet the structure, substance, and clear legal culture in its implementation will provide legal certainty and justice in the enforcement of state administrative law.
The Power of Notary Grants as an Authentic Deal in the Settlement of Inherited Land Ownership Disputes A. Sultan Sulfian; Firdaus Firdaus
Al-Bayyinah Vol 6, No 2 (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: 10.30863/al-bayyinah.v6i2.2235

Abstract

This study examines the power of a notarial grant deed as an authentic deed in the settlement of inherited land ownership disputes. This study aims to find out how the strength of a notary grant deed which has perfect evidentiary power is related to legal practices that occur in society where there are still many cases of cancellation of a notary grant deed by judges in court. This study is a normative legal research/doctrinal approach which is carried out by analyzing legislation or other legal materials related to the strength of a notary grant deed as an authentic deed in the settlement of inherited land ownership disputes. The results of this study illustrate that basically a notary grant deed has perfect evidentiary power which technically functions to provide guarantees of protection and legal certainty to grantors, grantees, heirs, and related parties. However, in reality the strength of proof of a notary grant deed in court is weak when there are deficiencies in its manufacture which cause the grant deed to be canceled by the judge. The weakness of the grant deed in the evidentiary process so far is because the data included in the deed is not comprehensive so that there are still legal loopholes that have the potential to cause disputes, both from the aspect of legal substance that has not been synchronized between various types of legislation, the role of the legal structure (Notary/PPAT) which has not been maximized in seeing the motivation and prerequisites of the applicant, and the legal culture factor of the community who does not yet have an adequate understanding of the legal mechanism for implementing grants.

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