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"Vol 16, No 2 (2019): al-'Adalah"
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<![CDATA[The Opportunities and Challenges of Student Paralegal within University Legal Clinic at PTKIN ]]>
<![CDATA[Deni K Yusup]]>;
<![CDATA[Burhanuddin Hamnach]]>;
<![CDATA[Cate Sumner]]>
<![CDATA[ al-'adalah Vol 16, No 2 (2019): al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v16i2.5659
<![CDATA[This paper is motivated by the role of the university legal clinic under the spirit of implementing the third of university role in the field of community service. In practice, legal aid services at universities are not different from general aid agencies in general. One of the uniqueness of the university legal clinic program is the direct involvement of student paralegal in helping the clients to get legal aid services within the university and court. The student paralegal encounters various opportunities and challenges. The main opportunities, they have their passion and strong motivation to become justice fighters for justice seekers, while they have also the main challenges such as limited time, facilities, knowledge, and legal skills. However, the existence of student paralegal has proven to be very helpful for the clients not only in processing applications and registering cases in court but also in assisting clients in the form of consultation and legal assistance during non-litigation and litigation. Therefore, the university legal clinic program needs to be further strengthened and developed at PTKIN because it has proven positive implications for helping underprivileged people and justice seekers to get access to justice.]]>
<![CDATA[Implementation of DSN-MUI Fatwa In Handling of Sharia Economic Problems (A Case In Syariah Bank of Bandar Lampung) ]]>
<![CDATA[Khairuddin Tahmid]]>;
<![CDATA[Muhammad Zaki]]>;
<![CDATA[Haryanto H]]>
<![CDATA[ al-'adalah Vol 16, No 2 (2019): al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v16i2.3520
<![CDATA[This study aims to reveal the position of the fatwa of the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) in the national legal system as well as to learn how it is applied in the Bandar Lampung People's Credit Bank (BPRS) Bandar Lampung. The DSN-MUI fatwa was issued to avoid the different provisions made by the Sharia Supervisory Board (DPS) in each Islamic financial institution. With the DSN MUI fatwa, the provisions for all sharia economic actors will be the same so as to create legal order. This research found that the DSN MUI fatwa was not fully implemented in the activities carried out by the Bank. Where as, in the national legal system, the DSN MUI fatwa is considered as part of positive law and has become a law in concreto for judges and arbitrators in Basyarnas. Therefore it is imperative that all sharia financial institutions to fully implement all the existing provisions, not just in part.]]>
<![CDATA[Al-Hisbah Contextualization in the Business Competition Law in Indonesia ]]>
<![CDATA[Ninik Zakiyah]]>;
<![CDATA[Paramita Prananingtyas]]>;
<![CDATA[Hari Sutra Disemadi]]>;
<![CDATA[Konstantin Gubanov]]>
<![CDATA[ al-'adalah Vol 16, No 2 (2019): al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v16i2.5365
<![CDATA[Supervision of market activities and competition in Islam has existed since the time of Prophet Muhammad PBUH and, at the same time, became a duty of an official called a muhtasib (supervisor). Al-Hisbah, as a controller institution for economic activities and market competition, aims to uphold the amar ma'ruf nahi munkar (commanding the good and forbidding the evil). Meanwhile, KPPU, as an independent institution, functions as a controller of the practice of monopolies and unfair business competition in Indonesia under the principle of economic democracy to support national economic development. This research uses the juridical-normative method with a historical and conceptual approach. Having compared the role of KPPU in supervising business competition to al-hisbah institution in Islam, this study finds out that KPPU, in general, is similar to al-hisbah on account that the substance and the values contained in al-hisbah have been embedded in KPPU especially in upholding amar ma'ruf nahi munkar in economic activities and business competition.]]>
<![CDATA[Problems In Managing Waqf Endowment Asset In Bogor Regency ]]>
<![CDATA[Ani Yumarni]]>;
<![CDATA[Endeh Suhartini]]>;
<![CDATA[Anna Sardiana]]>
<![CDATA[ al-'adalah Vol 16, No 2 (2019): al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v16i2.3876
<![CDATA[This article examines the role and function of Nazhir (guardian of endowment) in the empowerment of waqf objects in the Legal District of Bogor Regency, West Java, Indonesia. The aim is to increase Nazir's professionalism in increasing the productivity of waqf assets to be able to provide maximum benefits to the general public (ummah) in a sustainable manner. In Bogor district, there are waqf assets in the form of land totaling 5,686 locations within land areas of 4,433,860 M2. With such a large number of waqf assets, if managed professionally, the waqf will certainly be able to bring the sustainability of the Ummah economy, especially the sustainability of education for the younger generation. However, as this study found, only a few Nazhirs in the Bogor Regency area who have begun to develop productive waqf assets. The majority of Nazirs still use the old pattern which is not conducive to the development of the productivity of waqf property. Therefore it is necessary to optimize the role and function of Nazhir through continuous coaching by the Indonesian Waqf Board (BWI). In the form of (1) meetings in the context of coaching, (2) training activities, and (3) socialization related to the latest regulations regarding the management of waqf objects.]]>
<![CDATA[Legal Renewing of Consumer Protection (Himâyah Al-Mustahlaki) Through Islamic Law Perspective ]]>
<![CDATA[Burhanudin Susanto]]>;
<![CDATA[Ros Amira binti Mohd Ruslan]]>
<![CDATA[ al-'adalah Vol 16, No 2 (2019): al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v16i2.4514
<![CDATA[The purpose of this paper is to offer the concept of reforming consumer protection law (himâyah al-mustahlaki) through the perspective of Islamic law. To achieve this goal the author uses the integration of science as a method of analyzing from normative legal research by combining the statute and conceptual approaches. Although in the shari’a does not mention the term consumer directly, it contains principles that if carried out by business actors can provide protection to consumers. The potential loss inherent in consumers is generally divided into two, namely (1) Material losses (al-khasârah al-mâdiyah) both in the form of financial and non-financial assets; and (2) Humanity loss (al-khasârah al-insâniyah) both in the form of body and spirit. The overall potential loss needs to be accommodated in an integrated legislation to better guarantee legal certainty for consumers. The implementation of consumer protection can be realized through preventive treatment through fostering awarenes]]>
<![CDATA[Implementation of Faraidh's Provisions in Hibah Wasiat (A Case in South Banjar Kalimantan) ]]>
<![CDATA[Wahidah Wahidah]]>;
<![CDATA[Alias Azhar]]>
<![CDATA[ al-'adalah Vol 16, No 2 (2019): al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v16i2.4578
<![CDATA[This research illustrates the practice of inheritance in the Banjar community of South Kalimantan. The aim is to see the extent to which the provisions of Islamic inheritance law (farāidh) are applied by the member of society in everyday life. This phenomenon is revealed through several field research methods, especially in-depth interviews, the results of which are then analyzed to obtain conclusions. This study found the fact that although in general, the majority of Banjar people of South Kalimantan resolved their inheritance cases by farāidh (Islamic inheritance law), there was a tendency for some citizens to put forward the spirit of "Badamai (Keeping Peace)" to bring up ways of resolving inheritance cases that seemed varied and unique. In such a model, the formulation of the inheritance distribution specified in the farāidh is not fully implemented but is modified through the hibah wasiat (testamentary grant) method. In the case of ashābah bi al-ghair (heirs of a different gender), the pattern of division of "two to one" is not carried out by the mushi (testator) because of certain reasons/considerations related to the real condition of the heirs (economic level, marital status, age, etc).]]>
<![CDATA[Legal Protection of Women In Unregistered Inter-Citizen Marriage ]]>
<![CDATA[Ramdani Wahyu Sururie]]>;
<![CDATA[Dio Ashar Wicaksana]]>
<![CDATA[ al-'adalah Vol 16, No 2 (2019): al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v16i2.5361
<![CDATA[The phenomenon of unregistered inter-citizen marriage has been rife in several places in Indonesia. As a result of such marriages, women often have no legal power and can not obtain legal identity rights such as marriage certificates, birth certificates for their children, including material rights such as joint property and property ownership. This study examines the process of informal marriages between citizens as well as examining the extent to which the state provides legal protection to women who engage in informal marriage. The method and approach taken are normative juridical by utilizing secondary data sources in the form of legislation, books, and scientific journals. The results show that the emergence of an unregistered inter-citizen marriage is mostly due to the incompleteness of the documents needed from the country of origin of the prospective husband. To overcome this problem, the state has protected women in the form of preventive and restitutive protection women involved in intermarriages can obtain a clear legal position and protection.]]>
<![CDATA[The Settlement of Domestic Violence Cases (KDRT) Based On Islamic Values and Local Wisdom ]]>
<![CDATA[Any Ismayawati]]>;
<![CDATA[Zaimatus Sa'diyah]]>
<![CDATA[ al-'adalah Vol 16, No 2 (2019): al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v16i2.2845
<![CDATA[This research explores the conflict resolution of domestic violence (KDRT) cases based on Islamic values and local wisdom. The aim is to find alternatives to solving legal problems without having to go through legal channels (litigation). Although the Government has passed Law No. 23/2004 aimed at suppressing cases of domestic violence, in reality, the regulation is still not effective in overcoming the problem. It is proven that such cases still appear in public spaces and stick out like an iceberg. Allegedly, the main factor causing the difficulties was due to the kinship between the victim and the perpetrator. After examining the methodology for resolving conflicts based on Islamic values "al-sulh" and the method of "Musyawarah" based on local wisdom, this research finds out the fact that the above-two alternative solutions have several advantages compared to resolve through legal channels. Therefore, these two models of resolution can be used as alternatives for resolving conflicts in the household, especially those accompanied by violence. ]]>
<![CDATA[The Importance of Increasing Minimum Age For Marriage In Indonesian Marriage Law ]]>
<![CDATA[Holijah Holijah]]>;
<![CDATA[Jariyah Binti Abd Manaf]]>
<![CDATA[ al-'adalah Vol 16, No 2 (2019): al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v16i2.4546
<![CDATA[This article discusses the changes in the minimum age for marriage as regulated in Law Number 1 of 1974 concerning marriage, which was later amended by Law No. 16 of 2019 on the same topic. In Law no. 1/1974, the minimum age for marriage for the prospective groom and bride is differentiated in which for the prospective groom the minimum age for marriage is 19 years while for the bride is 16 years. This kind of distinction was later removed by Law No. 16 of 2019 which stipulates the minimum age for marriage for the prospective groom and bride to be the same, namely 19 years. This change in minimum limits is really important as it can have positive effects, especially for women, as they can be physically and psychologically ready to become a wife as well as a mother for their children. Indeed, physical and mental maturity for someone intending to get married is important. This is also following the principles of Islamic Law which view that marriage requires physical and spiritual readiness and that the family is the main source for producing quality human beings.]]>
<![CDATA[Criticism Against Feminist's Thinking About Husband's and Wife’s Rights and Obligations ]]>
<![CDATA[Faisal Faisal]]>;
<![CDATA[Moh. Mukri]]>;
<![CDATA[Asriani Asriani]]>
<![CDATA[ al-'adalah Vol 16, No 2 (2019): al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v16i2.5801
<![CDATA[Marriage is a legal place to foster a peaceful, harmonious and loving household (Sakīnah mawaddah wa rahmah). In marriage, the fulfillment of the rights and obligations of husband and wife is the main means for achieving domestic happiness. In the Islamic perspective, the husband is the head of the household and the wife is the housewife. However, in modern times, along with the emergence of feminists, the concept of the rights and obligations of husband/wife are thus re-interpreted and reconstructed on the grounds that many wives are no longer serving as housewives but also help husbands in earning a living. As a result, the aspect of equality is more prioritized than the concept of mu'āsyarah bil ma'rūf (harmonious relationship). This article examines the views of Muslim feminists about the role of husband/wife in a household, while comparing them with concepts that exist in Islamic teachings. In conclusion, the Islamic concept of the rights and obligations of wife and husband, if it is carried out consistently, will actually bring more benefit and permanence in the household than the feminist’s which is only based on the equality argument.]]>
