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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.

Arjuna Subject : -

Articles 290 Documents

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PARADIGMA LINGKUNGAN HIDUP PADA ERA REVOLUSI INDUSTRI 4.0 Andi Yaqub
Al-'Adl Vol 11, No 2 (2018): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Paradigm is a color that gives an impression of attitude and behavior. The bias of the paradigm towards self and beyond the human self can be tasted through deep understanding. Among the instruments that can be used is jurisprudence. To find out the depth of understanding and level of awareness, research was conducted on the academic community of IAIN Kendari in the frame of the 4.0 industrial revolution. In IAIN Kendari, the environmental fiqh paradigm that is understood to follow the paradigm style as stated in RI Law No. 32 of 2009 concerning Environmental Protection and Management including Sustainable Development; Ecological Sustainability; and conservation The supervision paradigm of the academic community in IAIN Kendari found that the achievement of work programs oriented to environmental preservation went well, self-understanding as a trustworthy human being. The campus learning climate has followed the standards of era transformation from manual/conventional services to online or electronic services. This illustrates the rate of participation of Kendari IAIN in the era of industrial revulsion 4.0 is very significant. The construction of the environmental fiqh paradigm in the era of industrial revolution in Kendari IAIN was based on problems with the concept of restoration towards a harmonious life, containing customs and obligations of the role and preservation of the environment as a basis for environmental awareness and responsibility. The integration of the dimensions of Islamic law (fiqh), adat/culture, and science then formulated the paradigm of nature lovers as a new paradigm for environmental preservation.

UJARAN KEBENCIAN MENURUT ALI BIN ABI THALIB Yayan Muhammad Royani
Al-'Adl Vol 11, No 1 (2018): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Hate speech is a statement of hostility, hatred or humiliation on the basis of tribe, race, sexual orientation and religion. Currently hate speech increasingly rampant as the development of information technology via the internet. Based on an as\ar, Ali bin Abi Thalib forbade saying oh fa>siq oh kha>bis. Such words are deemed to have offended a person on the basis of an individual's status or a human rights entity. According to Ali bin Abi Thalib, Hate speech is punishable by takzir according to the authority of the ruler. Ali bin Abi Thalib using the istinbat} methode beside the nas and hadith is ijma’, previous qadis ruling and the Shari'a before Islam/ syar’u man qablana. Ali also uses the method of reasoning with qiyas, istih}san, istis}habdan maqa>sid al-syari>’ah. Based on the maqa>sid al-syari>’ah approach, the prohibition of hate speech is for the protection of human rights by limiting freedom of expression.

KONSEP MASLAHAT AT-THUFY DAN PENERAPANNYA DALAM KASUS KEWARISAN DI INDONESIA Mayyadah Mayyadah
Al-'Adl Vol 11, No 2 (2018): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

The terminology of maslahat belongs to at-Thufy is actually no different from the understanding of other Ushuliyyun thought. But in contrast to the majority of jurisprudents who became their predecessors, at-Thufy is known as a thinker who gives a greater portion of reason (logic thinking) in carrying out maslahat. This is illustrated by the basic principles of the concept of maslahat at-Thufy. One of them is that if there is a conflict between nas with maslahat, then the maslahat takes precedence over the nas. The concept of Maslahat at-Thufy has possibility of being able to be an inspiration for solutions to inheritance cases in Indonesia.

KETERBUKAAN INFORMASI PUBLIK DALAM NEGARA HUKUM Hasanuddin Hasim
Al-'Adl Vol 11, No 2 (2018): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v11i2.1250

Information is the basic need of every person for personal development and social environment. Almost in every aspect of human life, starting from activities to fight for oneself and community groups to the implementation of government in the life of the nation and state, requires information. The concept of transparency and information is not only closely related to accountability but also with the rule of law in general. Both concepts can be seen as a necessary prerequisite for the successful participation of the general public in the life of the nation and state. Guaranteed freedom to obtain information can encourage the democratic process by opening up access to information to the public, so the people will be able to utilize available information to be critical in the process of public policy making, and in controlling the government, so that information monopolies do not occur. Law No. 14 of 2008 concerning Disclosure of Public Information is an effort to guarantee the right of everyone to obtain public information in order to encourage and improve the quality of community participation to provide input in public policy making. In the concept of the rule of law, what needs to be idealized is law, which then the law in the concept of state must be the foremost commander in regulating the pattern of life of the nation and state. The purpose of public information in the field of law is information created by public institutions tasked with promulgating legal products. These include primary legal sources such as regulation of legislation (regels) along with implementing regulations, decisions of state administration officials (beschickking), court decisions (verdicts) and or court decisions that have become jurisprudence, and policy rules (beleids- regels). With the concept of the rule of law which has been clarified by the existence of several developments regarding the rule of law, then Law No.14 / 2008 concerning Public Information Disclouser, is a way to embrace state propriety in guaranteeing human rights, both in groups, as well as individually.

POLA PENANGGULANGAN KERUSAKAN LINGKUNGAN EFEK EKSPLORASI DAN PRODUKSI TAMBANG NIKEL PT. SAMBAS MINERALS MINING DAN PT. MACIKA MADA MADANA (Studi Kasus: Kec. Palangga Selatan, Kab. Konawe Selatan) Adenisatrawan Adenisatrawan; Yogi Indra Yadin
Al-'Adl Vol 12, No 1 (2019): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

In this paper describes the pattern of environmental damage mitigation effects of nickel mining exploration and production PT. Sambas Minerals Mining and PT. Macika Mada Madana in South Palangga District, Konawe Selatan District. The research objective is to describe the effects of nickel mining exploration and production effects, damage control patterns, how to ensure damage to the target is right or not, and sustainable environmental damage management patterns. This type of research is a qualitative method with a descriptive approach. Qualitative studies pay attention to processes, events, and authenticity. The type of data used in this study is primary data which is data obtained directly from the first sources. The unit of analysis is the people of the South Palangga District and the community. The researcher used a purposive technique in selecting informants. The informants were the village head and the head of farmer groups and fishermen in South Palangga District, the seat manager/summit of the mining company and the Head of the Konawe Selatan Mining Office. Data collection techniques are structured interviews, participatory observation. Steps for analyzing data obtained in the field are recorded or recorded in narrative form. Then data reduction, selection and concentration processes. The final step is drawing conclusions and verification. From the results of the study concluded, the effects of mining exploration and production give rise, high flood volumes in each rainy season come, siltation of rivers, sandy rice fields, decreasing volume of well water, increasing pests of pigs and monkeys due to increasingly narrow forests, cattle feed space increasingly narrow, especially in the coastal communities seaweed farmers stopped completely, and the fishermen looking for fish were getting farther away, as well as erosion and sedimentation. replacement of land losses, royalty, watering, making pond sediments, closing former extraction of material ore/nickel and reclamation and reforestation and the construction of community facilities and infrastructure, such as the manufacture of dug and fertile drill wells. To ensure effective prevention by prioritizing the principles of transparency and accountability, as well as overcoming sustainable environmental damage through post-mining reclamation and afforestation.

REVIEW TERHADAP PUTUSAN MAHKAMAH KONSTITUSI TENTANG STATUS ANAK DI LUAR NIKAH A Zamakhsyari Baharuddin
Al-'Adl Vol 12, No 1 (2019): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Indonesia was astonished by the Constitutional Court ruling relating to the status of a child outside of a legal marriage. Although it is considered not the main intention of the Constitutional Court members to legalize adultery, many people predict this will lead to many wrong interpretations and lead to the opening of very wide space to the practice of adultery. The main reason behind the verdict was to protect the status of children born out of legitimate marriages and their human rights because in truth they did not know what caused them to lose the rights that normal children should have. born into a legal marriage, and what befalls them is not in their power, but in their parents. So, if there is revocation of the right to a certain act, their parents' rights must be revoked. Muslims who are very opposed to the practice of adultery, and matters relating to it, driven by the scholars who are concerned with the verdict, raise their voices with their voices to reject decision No. 46 / PUU-VIII / 2010. Based on the principle of sadd-adz-dzari'ah, the majority of Muslims firmly reject the ruling, based on the aim of closing meetings for opportunities for the spread of adultery practices.

KONSEPSI TALFIQ DALAM FIQH ISLAM Ahmad Baharuddin
Al-'Adl Vol 12, No 1 (2019): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Tulisan ini menampilkan sejauh mana varian pandangan dapat dijadikan pembolehan “mencomot” setiap pilihan padangan yang ada yang tidak perna dikemukakan oleh ulama seperti wudhu versi Syafi’I, tapi batal mengikut Hanafi dengan memilih yang paling ringan yang dikenal dengan talfiq. Tulisan ini merupakan penelitian deskriptif kualitatif dengan pendekatan holistic, yuridis nomatif. Tulisan ini menunjukkan adanya pebedaan hukum oleh ulama berkaitan dengan talfiq. Setidaknya ada tiga pandangan untuk itu, yaitu pertama, Haram mutlak bertalfiq, kedua, halal, dan ketiga, halal dengan bersyarat. Hasilnya perlu ada pemahaman yang baik mengenai varian pandangan ulama dengan memilih berdasar pada relevansi hukum sesuai realitasi keindonesiaan.

POLITIK HUKUM KELUARGA ISLAM DI TUNISIA Ismail Marzuki; Lathifah Munawaroh
Al-'Adl Vol 12, No 1 (2019): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

This paper discusses political Islamic family law in Tunisia. The stretch of political Islamic family law in Tunisia was seen after they were separated from the Ottoman Turks. Some Tunisian jurists think of making a legal codification based on Maliki madzhab. Besides that political domination by the Ottoman Turks and France has given color to the legal culture in Tunisia, even further influencing its laws. This paper shows several things: First is that Tunisia in carrying out its family's legal politics was influenced by Maliki and Hanafi madzhab (intra-doctrinal reform).Second, the political Islamic family law in Tunisia also contains rules that are not found in the Sunni madzhab (extra-doctrinal reform). Third, the political Islamic family law in Tunisia also uses a pattern of amendments and modifications to laws (regulatory reform). Fourth, Tunisia also conducts the codification that can be seen from the effort to codify Islamic law in al-Majallah fil Ahwal al-Syakhsiyyah lil Jumhuriyyah al-Tunisiyyah.

TINJAUAN YURIDIS TRANSFORMASI KONSTITUSI INDONESIA La Ode Muhammad Iman Abdi Anantomo Uke
Al-'Adl Vol 12, No 1 (2019): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

The term Constitution comes from the French language (constitution) which is forming, which means the formation of a State or composing and declaring a State. Another term is constitution (English) or gronwet (Dutch) which means the Constitution. According to Sri Soemantri in his dissertation, there is not a single country in the world today that does not have a constitution or constitution. Indonesia is a country that has a constitution as the basis of the state. The constitution in a country always changes according to the times. In Indonesia, the history of constitutional development has changed several times, so that other legislation that is inferior must also change. Therefore, the transformation of the Indonesian state constitution can be judicially reviewed to see the development of the constitution which began in 1945.

HIBAH HARTA BERSAMA KEPADA ANAK SETELAH PERCERAIAN (Studi Kasus Putusan No.436/Pdt.G/2009/PA.Mks) Nur Hidayah
Al-'Adl Vol 12, No 1 (2019): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

One of the disputes that often occur as a result of divorce is shared marrital asset between husband and wife beside that cost of living for the child. This study aims to find out the position of marrital asset granted to children after the divorce and consideration of the judge in issuing a peace decision regarding the demands of child labor and sharing of marrital assets. This research was conducted in the Makassar 1A Religious Court, and the Law and islamic Faculty of the State Islamic University in the fiqh section. The type of research used was legal approach juridical research method, namely the approach to problems based on Islamic Law Compilation rules and existing interview data . Data obtained in the form of primary data and secondary data then analyzed qualitatively. Qualitative analysis is used to analyze data that is descriptive in nature including the results of interviews with judges in the Makassar Class 1A Religious Court, and lecturers at the Faculty of Law and Syariah State Islamic University in fiqh as well as from books that are relevant to the problem under study. The results obtained by this study include that in granting grants with objects that are donated are objects of shared assets that can be carried out on children. However, before determining the object to be granted first, the judge releases all charges or purifies the joint assets. After that, do the joint property grant. Grants made to children must also pay attention to the conditions for conducting grants and 1/3 of marrital assets. As for the sharing of marital asset assets which should be divided into two according to the Compilation of Islamic Law and Law No. 1 of 1974 can be flexed based on the conditions of the parties or agreements made.

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