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Al-'Adl

al-adl
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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.

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Articles 10 Documents

Search results for , issue "Vol 9, No 2 (2016): Al-'Adl" : 10 Documents clear

Kepastian Hukum Akta Di Bawah Tangan dalam Perspektif Kewenangan Notaris Dahlang Dahlang
Al-'Adl Vol 9, No 2 (2016): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

The Republic of Indonesia as a state of law based on Pancasila and the Constitution of the Republic of Indonesia Year 1945 to ensure certainty, order, and the protection of the law, with a core of truth and justice. Assurance, public order and the protection of law in society requires legal basis has the strongest strength of evidence and perfect. The legal guarantee should be felt by all the people of Indonesia but in practice can not walk properly because of the legal policy of Constitution No. 30 of 2004 concerning Notary Jo. Law No. 12 of 2014 on the Amendment of Constitution No. 30 of 2004 About the Notary who should be able to guarantee legal certainty under the deed of the hand, but until now not be able to realize the legal certainty for the community.

Perlindungan Hukum Bagi Penumpang Angkutan Umum Tanpa Izin yang Mengalami Kerugian dalam Perspektif Hukum Perdata Positif Deity Yuningsih
Al-'Adl Vol 9, No 2 (2016): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

It cannot be denied in fact in the community that there are still vehicle that does not legal night used as an instrument transportation public transport of a motorcycle ( ojek ) and private cars. It generated problems in legal matters relating to legal protection for loss for passengers that undergoes them, so important a research.Type research used is research law normative, with the approach regulations and conceptual.The research results show that passengers who had losses lives and or goods due to had an accident during in the transport of from the perspective of civil law positive is in a position very weak to shelter law have compensation, good based on an agreement transportation, based on act number 33 1964 about funds account must accident passengers, and act number 34 1964 about funds account must accidents on the road.

Membangun Kesadaran dan Ketaatan Hukum Masyarakat Perspektif Law Enforcement Kamaruddin Kamaruddin
Al-'Adl Vol 9, No 2 (2016): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

The role of law in society is to ensure certainty and fairness in public life always there is a difference between the patterns of behavior or conduct governance prevailing in the society with patterns of behavior that is desired by the norms (rules) law. This can cause a problem of social inequality so that at certain times tend to conflict and social tensions which of course can disrupt societal changes as well as the desired direction. Building a litigious society and a law-abiding represents the ideals of the norms that want a just society so that the joints of culture will evolve toward the creation of a system of a society that respects each other, making the public aware of the law and law-abiding is not something easy to turn a hand, because not everyone has the legal awareness. The importance of building community awareness and observance of the law, is expected to support and uphold the institution making the community / rules as to crave fulfillment observance and the rule of law. The role and function of building awareness of the law and observance of the law is to: 1) Stability, 2) Provide social framework to the needs of society, 3) Provide tangible institutional framework of social norms, 4) Interwoven among institutions. Law enforcement is the process of doing an effort for the establishment or the functioning of legal norms significantly as the Code of Conduct in traffic or legal relations in the society and state. Because of the awareness of the values of law and observance of the rule of law in running a whole is a manifestation in mengefektikan rule of law.

Pemahaman Fiqhi terhadap Mudharabah (Implementasi Pembiayaan pada Perbankan Syariah) Sofhian Sofhian
Al-'Adl Vol 9, No 2 (2016): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Ulama Fiqh mendefinisikan Mudharabah atau Qiradh adalah Pemilik modal (shahibul maal) menyerahkan modalnya kepada pekerja (pedagang) untuk diperdagangkan, sedangkan keuntungan dagang itu menjadi milik bersama dan dibagi menurut kesepakatan antar kedua belah pihak, artinya sepanjang modal masih dipergunakan oleh pekerja (mudharib) maka sepanjang itu pula pembagian keuntungan harus terus dilakukan, namun jika usaha mengalami kerugian maka seharusnya pula lah kerugian itu di tanggung oleh keduanya (mudharib dan shahibul maal). Dalam fiqih adalah suatu kontrak dimana mudharib memiliki kebebasan yang diperlukan untuk menjalankan mudharabah dalam rangka menghasilkan laba. Karena mudharib merupakan pihak yang lebih lemah didalam kontrak yang per definisi, memberikan keterampilannya sebagai modal pada mudharabah, Fuqaha tidak membolehkan adanya tuntutan jaminan terhadap mudharib. Pada dasarnya aktifitas dalam aqad mudharabah dibolehkan dalam fiqhi, sepanjang aqad yang dijalankan tidak ada pemaksaan dan keterpaksaan antara kedua belah pihak. Disamping itu dalam konteks pemberdyaan ummat maka sangat dianjurkan bagi orang yang memiliki kelebihan modal untuk memberikan kepada sesama hamba Allah, khususnya yang mempunyai keterampilan dalam mengelola suatu usaha namun terbatas/tidak memiliki modal. Tulisan ini lebih memperjelas bagaimana seharusnya aqad mudharabah yang harus di jalankan dalam aktifitas ekonomi khususnya dalam dunia perbankan.

Tinjauan Hukum Pidana dan Hukum Islam tentang Kejahatan Aborsi Asrianto Zainal
Al-'Adl Vol 9, No 2 (2016): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

This study entitled "A review of criminal law and Islamic law on the crime of abortion (a comparative study). The main issue to be discussed in this thesis is "Is abortion as a crime by reason of an emergency can be used as a common criminal deletion / Islam and How comparative criminal law and Islamic law against the crime of abortion"? in order to determine the concepts offered between criminal law and Islamic law in view of the phenomenon of abortion crimes committed by people who are not responsible or with a specific reason. In this study, the authors used a qualitative study using descriptive analysis that describes the issues to be studied. And the collection of data in this thesis done in literature. Namely, by collecting data obtained from literature sources such as books, legislation, magazines and newspapers. The data have been collected and inventoried and further grouped or classified according to the materials and problems. From the results of research conducted by the authors find that abortion is justified by the positive law and the law of Islam is the act of abortion is performed when the pregnancy could endanger the lives of pregnant women and fetuses, thepermissibility of abortion must refer to the provisions of the medical, so that in practice does not mebawa even worse consequences for the mother, and especially in Islamic law should be referred to the shar'i predetermined While abortion is a criminal act (abortion provokatus criminalis) is an act of abortions performed for no apparent reason, for example, the fear of poverty or fear of pregnancy is a disgrace. Islamic law and positive law equally see it as a crime (criminal offense), so as to provide penalties for those who do.

Hukum Islam dan Ketatanegaraan (Sebuah Transformasi Hukum dalam Masyarakat) Ashadi L Diab
Al-'Adl Vol 9, No 2 (2016): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

The paper elaborates transformation of Islamic law in constitution of Indonesia, in which the problem is what the position and Islamic law existence in the system of Indonesia constitution. By seeing various social phenomena and fact that occur in society to do activities and action related to the law. Islamic law in Indonesia is a chain which is not possible to be separated from the historic fact/long history experienced by this nation. Since proclaimed independence of Indonesia on 17 August 1945, it is started the new era of law system in the world of Archipelago which separate between colonial law and system of national law. There are many contradictions and controversy to build national law system, because the laws are not completely based on customary law and Islamic law as well as western law. So the form of constitution is an effort to make a change to something that had already existed, they are adaptation and change. The process or transformation effort of Islamic law to the national constitution was meant as an attempt to apply normative Islamic law to positive Islamic law or usually called positivism Islamic law to the constitution of Indonesia. Constitution perspective has balance to relation among state, law, and religion. Religion is the first component which is in the deepest circle position, proved by the first moral principle of the Pancasila that is there is only one God. Islamic law principles which becomes ideal basic of fiqih they are: Principle of tauhidullah, Principle of insaniyah, Principle tasamuh, Principle of ta’awun, Principles of silaturahim bain annas, Principle of justice, and Principle of benefit.

Refleksi Sistem Pangngaderreng dalam Sosial Budaya Bugis-Makassar: Analisis Putusan Pengadilan Agama Fikri Fikri
Al-'Adl Vol 9, No 2 (2016): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Islamic law as the law of life that is living law in a society refleksitas social behavior of individuals. Islamic law also believed to be the soul or spirit of the community in managing an individual's life when the interaction between one and the other as a social being. Islamic law in the life of society is no longer seen as the rules but also the behavior. Through behavioral, cultural interpretation by humans discovered the laws that apply to him. In turn Islamic law are considered potent provide a solution when there is a social problems that arise in the life of society. Pangngaderreng or pangngadakkang systems that organize and regulate the legal matters of inheritance and marriage laws in force in the social and cultural Bugis-Makassar no small raises diversity issues in family law. Moreover, the existence of the Religious Court as a state institution has a role to complete each particular case of the Islamic community in the form of a ruling. The court ruling Religion, has permanent legal force that can be executed with forceful measures, so that the public must submit and obey the decision of the judge in court.

Kontekstualisasi Hukum Berperspektif Perempuan di Peradilan Agama Hj Asni
Al-'Adl Vol 9, No 2 (2016): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

This study focused on the urgency of the Religious Courts role in providing protection for the rights of women. Female perspective important to presented in Religion Court decision because the ideas that the protection of women in the Marriage Law and the Compilation of Islamic Law and other legal products need a application in a court. In addition, laws related to women, sometimes has special characteristics so that the position of women in certain cases important to get the defense of the judge. The decisions of the Religious Court must be deep elaborated beside applying the legal norms contained in the law to protect the rights of women. Therefore, we need specific strategies such as emphasized the need for the law by the judge as well as the importance of women's awareness of their own on their rights.

Efektifitas Peran Otoritas Jasa Keuangan (OJK) terhadap Pengawasan Pendaftaran Jaminan Fidusia di Kota Kendari Andi Novita Mudriani Djaoe
Al-'Adl Vol 9, No 2 (2016): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

As the times are more advanced, human needs for food and clothing also increased. Even the fulfillment of equipment to support business activities becomes a basic necessity today. One way to satisfy these requirements is to conduct a transaction with a loan secured by the fiduciary models. This study aims to analyze the role of the Financial Services Authority in accordance with the Southeast Sulawesi UU.No.21 Year 2011 on the Financial Services Authority the registration of fiduciary oversight and knowing perfentif efforts undertaken by the Financial Services Authority against registration of fiduciary. This research was conducted in the Office of Financial Services Authority and Southeast Sulawesi Regional Office of the Ministry of Law and Human Rights in Kendari in Southeast Sulawesi. This study uses empirical study of normative law. The method used is the approach of legislation and conceptual approaches. Data obtained in the form of primary data and secondary data was analyzed qualitatively and quantitatively. The results showed that the Financial Services Authority have an important role in the financial sector, but from the point of civil Financial Services Authority can only oversee the fiduciary transactions in which one side is the financing institution. Efforts perfentif to the Financial Services Authority to do in terms of registration of fiduciary guarantee is subject to the regulatory process in a way able to request information or documents contained in the Ministry of Justice and Human Rights on the other hand can terminate the process of filing an application for registration of fiduciary guarantee and sanctions as a last resort.

Legislasi Peraturan Daerah Partisipatif La Ode Muhammad Iman Abdi Anantomo Uke
Al-'Adl Vol 9, No 2 (2016): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Local Regulation legislation is the constitutional mandate of Article 18 (6), which reads "Local Government reserves the right to stipulate Regional Regulations and other regulations to implement autonomy and duty of assistance". In the implementation of legislation as a form of regional autonomy based on Law Number 23 Year 2014 on Regional Government, the public is entitled to provide input, either orally or in writing to the legislature as part of community participation in the area. The purpose of parsitipasi and community participation is to produce insights and perceptions that are useful from the communities involved (public interest) in order to improve the quality of decision-making, because people who are potentially affected as a result of the policy interest groups (interest groups), so that decision makers can capture the views, needs, and expectations of the community and the group, and then pour it into a concept that will be formed into regional regulation. Although public participation is less than ideal and not a guarantee that a law which generates will be effective in the community, but at least a step participatory adopted by the legislature in each establishment of laws, is expected to encourage the public to accept the presence of a Constitution.

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