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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 290 Documents
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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.
Analisis Hukum Investasi Emas Online (Ditinjau dari Teori Barang Ribawi) Ahmad Muhajir Sitepu
Al-'Adl Vol 13, No 2 (2020): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v13i2.1757

Abstract

Tujuan dari penelitian ini adalah untuk mengetahui bagaimana Islam melihat hukum investasi emas online. Sejalan dengan perkembangan zaman, maka berkembang juga transaksi-transaksi ekonomi yang diantaranya adalah investasi. Salah satu dari perkembangan investasi tersebut adalah investasi emas secara online. Ada beberapa hal yang akan dibahas terkait investasi emas secara online dalam penelitian ini, yaitu bagaimana kedudukan emas dan uang dalam hal barang ribawi. Jika uang dan emas adalah barang ribawi sejenis maka dalam transaksinya harus memenuhi prinsip secara kontan (yadan bi yadin), sama dalam timbangan dan ukuran, dan saling serah terima (taqabudl). Sedangkan jika barang ribawi tidak sejenis maka cukup dengan serah terima (taqabudl) saja. Penulis menggunakan metode library reasech atau kajian pustaka dengan menggunakan teori barang ribawi. Adapun hasil dari penelitian ini adalah bahwa investasi emas boleh dilakukan karena telah memenuhi prinsip transaksi barang ribawi, baik dari prinsip barang ribawi sejenis maupun prinsip barang ribawi tidak sejenis.
Arrangement and Dynamication of Family Law Updating in Indonesia Ike Yulisa; Muhamad Yusuf; Doli Witro; Luqyana Azmiya Putri; Mhd. Rasidin; Nurul Alamin
Al-'Adl Vol 13, No 2 (2020): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v13i2.1879

Abstract

In Indonesia, family law is well regulated in law or government regulations. In this case, with the increasingly complex family law issues supported by divorce rates, which reached 398,245 in 2015, then in 2017, it increased to 415,898, and with the development of science and technology, so many problems arise both in terms of muamalah or family law itself. For this reason, structuring is needed through legal reform that makes it follow what is needed by the wider community. Starting from this, this paper will discuss the arrangement of Islamic family law and the dynamics of family law reform in Indonesia. This study aims to provide an overview of the arrangement of Islamic families and Islamic family law reform in Indonesia. This paper uses qualitative research methods that are library researching. The data in this article was obtained from books, journals, articles, magazines related to the structure and dynamics of family law reforms in Indonesia. After the data is collected, the writer analyzes with data analysis techniques, namely data reduction, data presentation, and concluding. The results of the study show that the structure and dynamics of family law in Indonesia, when viewed in the context of Islamic law reform, reveal a unique and problematic portrait of reform. It is said so because Indonesia applies three legal systems, namely customary law, Islamic law, and Western law.
The Using of Maslahah Mursalah Method as Hujjah Muh. Idris; Finsa Adhi Pratama; Lian Mulyani Muthalib
Al-'Adl Vol 14, No 2 (2021): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v14i2.2793

Abstract

After the death of the Prophet Sallallahu 'alaihi Wasallam, all the problems of Muslims are submitted to the scholars to look up for solutions from texts. The scholars are required to perform ijtihad in order to solve the problems arised by digging into the values of the text of the Qur'an and Hadith, in which the ijtihad will develop into ijtihad bir-ra'yi if the solutions cannot be found in the texts. There have been numerous methods used to deeply explore the laws such as ijma', qiyas, as well as istidlal like Istishab, Maslahah Mursalah, Al-Ihtihsan, Qoulu Shohaby, Syadd ad-Dzaro'i, Dilalah al-Iqtiran, Dilalah al-Ilham, Ru'yan of Prophet Sallallahu ‘alaihi Wasallam, and Syar’u Man Qoblana. All decisions from Allah Ta'ala definitely has the benefit value as it is impossible for Allah Ta'la to make a decision that is in vain. Starting from these values then born the Istimbath which is Maslahah Mursalah law. So, this discussion focuses on the meaning of maslahah mursalah, the background for the birth of the maslahah mursalah method, the division of maslahah mursalah, and the validity of maslahah mursalah as istidlal in ushul fiqh. This study uses literature review method by relying on the strength of references and strong analysis of literacy texts. The conclusion that can be drawn from this discussion is that maslahah mursalah is something that is beneficial for humans as the goal of syara'. There are differences of opinion regarding the position of maslahah mursalah in Islamic law, in which some accept it and some reject it to be used as hujjah. However, the two of them met at the point that the groups that reject is the maslahah that only based on lust and mind, they do accept maslahah as hujjahif it is in line with what is required by syara'. 
Analysis of Law Enforcement on Crime of Regional Head Elections in South Konawe Regency Hasni Hasni; Syamsul Bachri; St. Fatmawati
Al-'Adl Vol 14, No 2 (2021): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v14i2.2656

Abstract

The Effectiveness of Election Administrative Law Enforcement by the General Election Supervisory Agency Bahari Bahari; Laode Bariun; Winner Agustinus Siregar
Al-'Adl Vol 14, No 2 (2021): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v14i2.2842

Abstract

This research examines the the effectiveness of election administration law enforcement by the General Election Supervisory Agency in the application of Law no. 7 of 2017 concerning Elections related to handling violations, namely Article 461 paragraph 6 and  Article 464 of Law Number 7 of 2017 in handling administrative violations in the 2019 Election at Southeast Sulawesi.  With the various forms of Administrative Election violations found in the 2019 General Election, it takes hard work from the Election Supervisory Agency (Bawaslu) to handle administrative violations in order to create the 2019 Election that is fair, honest, and free of various kinds of violation. The method of this research uses empirical normative legal research with a statue approach. The results showed that administrative violations processed by Bawaslu of Southeast Sulawesi Province reflect the effectiveness of the application of Article 461 paragraph 6 and Article 464 of Law Number 7 of 2017 in handling administrative violations in the 2019 Election at Southeast Sulawesi. Bawaslu of Southeast Sulawesi Province has handled 5 (five) administrative violations with verdicts that do not meet the formal and material requirements, 2 (two) administrative violations with a verdict not proven legally and a verdict proven legally. This achievement is an effective performance of making verdict that lead to doing things right, which contributes to fulfill mission or achieve goals of agency. The violation was caused by the reported party's unconsciousness that it qualifies as a violation and the reported lack of awareness in implementing direct, general, free, confidential, honest and fair in the administration of elections. From the aspect of legal culture, the general public or the parties misunderstand that their actions are classified as violatios in election.
Dehumanisation Of Moronene Hukaea Laea Indigenous Community In Setting The Boundary Of Ulayat Rights Andi Yaqub; Ashadi L. Diab; Andi Novita Mudriani Djaoe; Riadin Riadin; Iswandi Iswandi
Al-'Adl Vol 14, No 2 (2021): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v14i2.2932

Abstract

The determination of the area of customary rights of indigenous peoples is a form of protection for indigenous peoples, a step to overcome vertical conflicts between the Moronene Hukaea Laea indigenous people and conservation or national park managers. This study aims to capture the extent to which the position and existence of Perda no. 4 of 2015 on the recognition of the customary rights of the moronene indigenous people of Hukaea Laea. This type of research is descriptive analysis with a qualitative approach, the research location is in Watu-Watu Village, Lantari Jaya District and Rawa Aopa Watumohai National Park, Bombana Regency and the data collection of this study is through direct interviews and deductive conclusions are drawn. Based on the results of this study, the forms of dehumanization of the Moronene Hukaea Laea indigenous people include: (1) In 1997 the Moronene Hukaea Laea indigenous people experienced intimidation by the universe broom group such as burning houses and land and in 2002 repeated home destruction and eviction ulayat areas by the government because the Moronene indigenous people are in conservation areas or national parks, the pretext of expulsion and arrest of customary leaders and indigenous peoples of Moronene Hukaea Laea has based on a negative stigma that the existence of indigenous peoples is a group that destroys ecosystems and ecology. (2) In 2015 the stipulation of Regional Regulation No. 4 of 2015 is not substantive because it only regulates the existence of indigenous peoples, not the absolute determination of territory by the Hukaea Laea indigenous people. This is indicated by the policy of the Minister of Forestry which concluded that based on the total population of the Hukaea Laea Indigenous Peoples, only 6,000 hectares could be controlled. Based on this policy, the local government shows inconsistency towards the indigenous Moronene Hukaea Laea after placing its position as a mediator between the Minister of Forestry, conservation area managers, and the Hukaea Laea Indigenous Community.
The Role of the Kendari City Covid-19 Handling Task Force in Preventing the Spread of the Covid-19 Virus in Kendari City Based on Presidential Regulation Number 82 of 2020 Aris Nur Qadar Ar.Razak; La Ode Muhammad Iman Abdi Anantomo Uke; Muh. Asrianto Zainal; Aris Darmawan Al Habib; Ahmad Rizal Darwis
Al-'Adl Vol 14, No 2 (2021): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v14i2.2854

Abstract

The purpose of this article is to find out the role of the Kendari City Covid-19 Handling Task Force in preventing the spread of Covid-19 in Kendari City. This paper is included in empirical legal research. The results showed: First, the role of the Kendari City Covid-19 Handling Task Force in Preventing the Spread of Covid-19 in Kendari City is divided into 2 steps, namely: 1) prevention steps in the form of: distribution of masks, provision of a place to wash hands and handsanitizer, check body temperature, spraying disinfectants in public places and socializing health protocols in the form of pamphlets and banners. Second, the steps to take in the form of: fines, reprimands and social sanctions. Second, the effectiveness of the Kendari City Covid-19 Handling Task Force in Preventing the Spread of Covid-19 in Kendari City is considered to be at an effective level. This can be seen from the good relationship between the substance of the law (rules regarding the prevention of covid), law enforcement (the Covid 19 Prevention Task Force Team), and Legal culture (legal awerness of the Kendari community).
Contextualization of The Istiṣḥāb Wa Sadd Al-Żarī’ah Towards Islamic Economic Practices in Indonesia Hendri Hermawan Adinugraha; Fahrodin Fahrodin; Ade Yusuf Mujaddid
Al-'Adl Vol 14, No 2 (2021): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v14i2.2417

Abstract

Istiṣḥāb wa sadd al-żarī’ah are two methods of legal decision making in Islam among other methods, whose application always rests on the concept of maṣlahāt. This study describes how the application of istiṣḥāb wa sadd al-’arī’ah to contemporary economic problems in Indonesia. This research is a research library. Data sources are literature or come from various literatures, including books, journals, newspapers, documents, etc. which are relevant to the contextualization of istiṣḥāb wa sadd al-żarī’ah in Islamic economic practices in Indonesia. Data collection techniques in this study used editing, organizing, and finding. Data analysis in this study used deductive and interpretive methods. The results showed that the method of istiṣḥāb wa sadd al-żarī’ah is still very relevant for contextualizing Islamic law in Indonesia in the midst of efforts to oppose social change in facing the challenges of the times, especially in fields related to social and economic practices in Indonesia. Its application still refers to the objectives of Islamic law (maqāṣid al-syarī’ah) and always takes into account the values of mafsadāt and maṣlahāt in istinbaṭ al-hukm.
Criminal Law Enforcement against Illegal Nickel Ore Mining (A Case at Resort Police of Kolaka Utara) Jamarin Riche
Al-'Adl Vol 14, No 2 (2021): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v14i2.2488

Abstract

The crime of illegal nickel ore mining is a crime in the mining business carried out by individuals, groups of people, or companies/foundations with legal entities in which their operations do not have a legal permit from government agencies based on the applicable regulations threatened by the criminal sanctions for anyone who violates the prohibition. Article 38 of Law Number 3 of 2020 concerning Mineral and Coal Mining states that “Mining business actors include business entities, cooperatives, and Individuals." Accordingly, mining actors can be grouped with large-scale mining, medium-scale mining, and small-scale mining in the form of community mining. This research used an empirical legal research method to obtain primary data through observation and interviews in Sulawesi Tenggara related to the enforcement of criminal law against illegal nickel ore mining (a case study at the regional police of Kolaka Utara). With the change in the legislation regarding mining itself, the government with the Regional Police of Sulawesi Tenggara must have controlled and eradicated the illegal mining that occurred in Sulawesi Tenggara, included Kolaka Utara. Accordingly, the research problems are 1. What are the police efforts regarding the law enforcement for the criminal act of illegal nickel ore mining at the regional office of Sulawesi Tenggara? 2. What are the factors that hinder the police in enforcing the criminal act of illegal nickel ore mining? Law enforcement is an attempt to bring the ideas of justice, legal certainty, and social benefits into reality. Law enforcement is essentially a process of an embodiment of ideas. Enforcement is the process of making efforts to establish or functioning the legal norms as guidelines in legal relations in social and state life.

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