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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 6 Documents
 1 
Search results for , issue "Vol 14, No 1 (2021): Al-'Adl" : 6 Documents clear
Customary Payment to Achieve A Justice in The Land Disputes Marlin Marlin; Farida Patittingi; Suriani BT Tolo
Al-'Adl Vol 14, No 1 (2021): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v14i1.2408

Abstract

The indigenous people of South Konawe highly uphold the Tolaki customary law from ancient times to the present, namely through the Kalosara media, which is considered very sacred to its existence. Land dispute resolution through customary payment has a purpose to restore disturbed conditions caused by the disputing parties. This research examines and describes the implementation of customary payments for land disputes, whether it can fulfill a sense of justice for the indigenous people of South Konawe. The research uses some secondary data through literature studies and primary data through the interview. The result indicates that the customary payment in giving a sense of justice in land disputes in South Konawe is considerably applicable. However, a comprehensive study is needed to find the justice which is aspired by the Tolaki Indigenous People in South Konawe. 
Pregnancy Married in the Perspective of Islamic Law and Five Mazhab Nasruddin S.; Sulaemang L
Al-'Adl Vol 14, No 1 (2021): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v14i1.2234

Abstract

This research discusses the issue of pregnancy marriage from the perspective of Islamic Law and Five Mazhab. Marriage in Islam refers to a physical and mental bond, which is sacred and contains the value of worship. However, adultery often occurs leading to the illegal pregnancy causing the married by accident. As a result, to cover up the disgrace and survive, these pregnant women need to immediately marry either the man who impregnated her or someone else. Accordingly, whether the pregnancy married is possible according to the perspective of Islamic law and five mazhab, as well as the birth status of the child. The Islamic Law provides legality regarding the marriage of a pregnant woman on the condition that she is married to a man who impregnated her, in contrast, the mazhab perspective indicates the difference, some allow the marriage, some prohibit the action. Among those who allow it is the Hanafi Mazhab, allowing men who impregnate them, Shafi'i allows without any conditions and Ja'fari allows them to repent first. Meanwhile, those who do not allow are the Maliki and Hanbali Mazhab except with two conditions, namely willingness to repent and waiting for the `` iddah or waiting period. Regarding the child's family status, Article 100 of Islamic Law, states the child's family relationship status with the mother and the mother's family. Meanwhile, the scholars have different opinions, but the majority agree that children due to adultery are given services to their mothers.
The Law Enforcement Of The Police Station Of Ternate In Overcoming The Liquor Distribution In Ternate City Communities Gunawan Hi Abas; Tri Arso
Al-'Adl Vol 14, No 1 (2021): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v14i1.2224

Abstract

The concrete legal problem addressed in Ternate is that the center of the supply of liquor (miras) is very high from various centers of Halmahera which originate from different places and are exported by sea so that it makes it a bit difficult for the police to detect it. Liquor, which is widely consumed across the community, is even traded in a free place, ironically again among the younger generation, students, who can get it in a freely accessible place. Alcohol consumption contributes to negative behaviors and attitudes like speeding on the highway, which can disturb traffic, disturb the peace, and create noise and chaos. This is due to excessive drinking, which leads to diminished willpower. Several calls for the local government of Ternate to take greater care in controlling liquor availability. Also, there are multiple signals in regards to legislation, regional regulations, the law enforcement officials' implementation, and the community's legal culture. Thus, the role of law enforcers is placed within the context of realizing the objectives of the law with security and order for individual’s realization of a peaceful and prosperous society. The regional government together with the DPRD of Ternate to be asked to immediately amend the Regional Regulation of Ternate Number 5 of 2004 concerning alcohol, which is considered not able to trigger a deterrent effect because the penalties regulated in the current Ternate municipal, regional regulations stipulate the maximum penalty, should be able to substitute with minimal penalties to have a deterrent effect on liquor sellers and consumers.
Paraphilia Exhibitionism between Sharia and Law: A Comparative Analysis Islamul Haq; M Ali Rusdi Bedong; Abdul Syatar; Muhammad Majdy Amiruddin
Al-'Adl Vol 14, No 1 (2021): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v14i1.1925

Abstract

Paraphilia exhibitionism is a form of sexual disorder and immoral offences. This study aims to compare the status of perpetrators of exhibitionism in positive law and Islamic law. This research is qualitative research that uses literature studies. The results showed similarities between Islamic law and positive law on the classification of exhibitionism as a crime. Islamic law and positive law are also similar in terms of ensnaring perpetrators of exhibitionism as someone who can be held accountable. The criminalization aspect of positive law includes exhibitionism as a complaint deliberation. While in Islamic criminal law categorizes the crime of exhibitionism as ordinary deliberation.
Law Enforcement and Human Rights (The Role of Muhammadiyah in the Humanitarian Case in Kendari) Muhammad Alifuddin; Suarni Suarni
Al-'Adl Vol 14, No 1 (2021): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v14i1.2097

Abstract

This research aims to describe the role of Muhammadiyah in law enforcement and human rights in Kendari. The main problem that becomes the focus of this study is: what is the role and form of Muhammadiyah involvement in encouraging human rights law enforcement efforts for the 26th September 2019 case in Kendari, and what factors have pushed Muhammadiyah to be involved in this problem? The study of the problem is based on qualitative data obtained through in-depth interviews, observation and document study. The collected data were analyzed using a data analysis mechanism developed by Miles and Hubermen combined with Von Eckartsberg's hermeneutic phenomenological approach. This study concludes: (1). Muhammadiyah as a social element of Islam in Kendari plays a significant role in encouraging the law enforcement process for humanitarian cases that cause the loss of human life. The indicator of this significant role is the success of the Muhammadiyah Advocate Team in bringing and forwarding the related cases to the general court until the Panel of Judges sentenced the defendant to 4 (years) in prison. Second: the form of Muhammadiyah's involvement in cases of law and human rights violations in Kendari is to provide assistance to victims and witnesses and to oversee the law enforcement process down to the court level. Third: the serious efforts shown by Muhammadiyah elements in guarding the process and law enforcement on the 26 September 2019 case cannot be separated from the basic ideology of the Muhammadiyah movement, namely the preaching of amar maruf nahi munkar.
The Effectiveness of the Relaas Call in Settlement of Divorce Cases in the Religious Courts Rosdalina Bukido; Fitriani Lundeto; Yasin Yasin
Al-'Adl Vol 14, No 1 (2021): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v14i1.2167

Abstract

Relaas call is one of the most important instruments in court proceedings. Without a call, the presence of the parties in the Court has no legal basis. Relaas Summons in the Civil Procedure Code is categorized as authentic deeds. Relaas did not convey to the parties in the litigation. The Respondent did not know about the trial schedule and the claim him, which resulted in the Respondent or Defendant losing the right to answer or defend himself against the plaintiffs' demands or the applicants. This study examines the Relaas summons' effectiveness through the Kelurahan in divorce cases at the Bitung Religious Court. Through field research with a qualitative descriptive approach using data mining techniques, observation, interviews, and documentation. The results prove that the Relaas concept in Islamic Law is contained in KHI Article 131, Articles 138 s.d. Article 140. Likewise, the Relaas image in positive Law is included in the Herzien Indlandsch Reglement or abbreviated as HIR and Rechtsreglement Voor de Buitengewesten, which are Civil Procedural Laws for areas outside Java and Madura. or abbreviated as RBg. The implementation of Relaas summons through the kelurahan was not effective in four cases, namely Case Number 55 / Pdt.G / 2018 / PA Bitg, Case Number 91 / Pdt.G / 2019 / PA Bitg, Case Number 0061 / Pdt.G / 2017 / PA Bitg and Case Number 0150 / Pdt.G / 2017 / PA. However, official and proper elements have subsequently been fulfilled.

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