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290 Documents
<![CDATA[Chemical Castration Sanctions for Perpetrators of Child Sexual Violence in the Frame of Islamic Criminal Law ]]>
<![CDATA[Rachmadani Rachmadani]]>;
<![CDATA[Sarwo Zulfahmi Muhammad Daming]]>
<![CDATA[ Al-'Adl Vol 14, No 2 (2021): Al-'Adl ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Kendari ]]>
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DOI: 10.31332/aladl.v14i2.2769
<![CDATA[This article discusses the review of Islamic criminal law regarding sanctions castration chemistry for the perpetrators of sexual violence against children. It is motivated by the rampant cases of sexual crimes against children have increased every year. As a response to the things that President Joko Widodo has issued Government Regulation No.. 70 Year 2020 about procedures for the Implementation of the Action Castration Chemistry, the Installation of the Detector Electronics, Rehabilitation and the Announcement of the Identity of the Perpetrators of Sexual Violence against Children. This rule gave authority to the state to be able to impose sanctions castration chemistry for the perpetrators of sexual violence against children. As for the problem studied in this research is how the forms of sexual violence in children? and how the determination of sanctions castration chemistry for the perpetrators of sexual violence against children is viewed from the perspective of the criminal law of Islam? This study uses the approach of normative juridical to discover the basics of the law of the criminal law of Islam-related sanctions gelding chemical. While methods of data collection using the method of literature, after the data collected then analyzed and interpreted by means of deductive. The results showed sanctions gelding chemical was done as an attempt of recovery of sexual disorders, so it can be said this punishment is not as torture against the perpetrators. As for the sanctions gelding chemical in the perspective of Islamic criminal law can be categorized punishment ta'zir which is a sentence that has a minimum and a maximum that is determined by a judge. The judge reserves the right to impose a penalty gelding chemical if the defendant is convicted of a violation based on the applicable law, because of the type of punishment is not in the nash.]]>
<![CDATA[The Dynamics Marriage Readiness of Muslim Adolescent from the Perspective of Psychology and Islamic Law ]]>
<![CDATA[Eka Sufartianinsih Jafar]]>;
<![CDATA[Andi Yaqub]]>
<![CDATA[ Al-'Adl Vol 14, No 2 (2021): Al-'Adl ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Kendari ]]>
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DOI: 10.31332/aladl.v14i2.2954
<![CDATA[The high rate of divorce in young couples is motivated by psychological and spiritual unpreparedness. Premarital education is a resolution to minimize the divorce rate. This study aims to hack the knowledge and understanding of Muslim adolescents regarding marriage and marriage readiness from a psychology and Islamic law perspective. This type of research uses a descriptive quantitative data collection method using a survey in the form of a questionnaire. The research subjects were 820 adolescents aged 15-20 years who came from various levels of education, namely senior high school students (54.5%) and undergraduate students (45.5%). The results of this study indicate that there are several motivations for marriage for Muslim adolescents, namely (1) wanting to justify themselves by 49% (2) wanting to get attention and affection by 20.5%, (3) wanting to have children by 15.6%, (4) improve the economy by 10%, (5) follow parents wishes 4.9%. While the things that teenagers need to prepare for marriage are (1) Economy by 31.9%, (2) Studying Religion by 29.4%, (3) Education by 20.7%, and (4) Improving Character 18%. Adolescent understanding is still low on the purpose of marriage and the forms of marriage readiness. Indicated by the orientation and motivation of marriage is dominated by the fulfillment of biological and material needs. The implication of this research is to be able to provide a comprehensive view in terms of marriage readiness from the point of view of psychology and Islamic law as reference material for providing premarital preparation/premarital education to adolescents so that they can prepare for married life.]]>
<![CDATA[The Contextualization Of The Māqāṣid Al-Syarīah Jasser Auda Theory In The Concept And Practice Of Islamic Family Law ]]>
<![CDATA[Soni Zakaria]]>
<![CDATA[ Al-'Adl Vol 14, No 2 (2021): Al-'Adl ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Kendari ]]>
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DOI: 10.31332/aladl.v14i2.2396
<![CDATA[This study aims to explain how the contextualization of Jasser Auda's māqāṣid āl-šyāriāh theory is used in the Islamic family law paradigm approach. This issue is important to be discussed for some reasons. First, the approach used in the paradigm of Islamic family law in Indonesia is still not based on maqasid. Second, the concept of maqashid al-syariah has a major contribution to develop the paradigm of Islamic law, including in the field of Islamic family law. Third, the concept of maqashid Auda refreshes the discourse of renewing approaches in Islamic family law. This study uses a qualitative approach with implementing a combination study, which is a combination of literature review and social contextualization. The findings showed that the concept of māqāṣid āl-šyāriāh Jasser Auda contributed greatly to the development of a paradigm in the Islamic family law study approach. The concept of māqāṣid āl-šyāriāh Jasser Auda emphasizes the value of guarding and protection towards development and rights, thus family law which has been oriented towards safeguards, can be changed towards family development. Furthermore, Auda’s philosophy system approach can be used as an alternative approach in the study of family law. The implication is that the approach offered by Jasser Auda in family law will be in line with the achievement of the Human Development Index indicators in the United Nations Development Program (UNDP).]]>
<![CDATA[Legal Protection for Workers for Late Payment of Wages: The Principles of Justice Perspective ]]>
<![CDATA[Arnis Setiani Isma]]>;
<![CDATA[Sakka Pati]]>;
<![CDATA[Marwah Marwah]]>
<![CDATA[ Al-'Adl Vol 15, No 1 (2022): Al-'Adl ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Kendari ]]>
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DOI: 10.31332/aladl.v15i1.2939
<![CDATA[This article intends to analyze and review employment agreements that protect workers from late wage payments and oversight of labor engagement over late wage payments for workers. This research is normative juridical research. Legal materials used primary, secondary, and tertiary legal materials. The findings showed that the realization of the principle of justice in working relationships is created through the rights and obligations of the parties to mutual reciprocity (balanced). It contained in the employment agreement, including the imposition of fines as sanctions to avoid arbitrariness on the part of employers. The involvement of labor supervision must be optimal to realize the working relationship by the principle of justice. This research implied that it is mandatory by law in a work bond to enter into a collective agreement as a form of accountability between the entrepreneur and the workforce. It is to protect the rights of each party.]]>
<![CDATA[Islamic Monetary Tradition and Practice: A Historical Approach ]]>
<![CDATA[Muhammad Afriansyah Hidayah]]>;
<![CDATA[Asyari Hasan]]>
<![CDATA[ Al-'Adl Vol 15, No 1 (2022): Al-'Adl ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Kendari ]]>
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DOI: 10.31332/aladl.v15i1.2960
<![CDATA[This study aims to analyze monetary discourse from a historical perspective. This research focuses on how to monitor problems has been explored since the time of the Prophet until today. This study uses a historical research design. The technique used in analyzing the data is narrative through literature study. The finding in the study show that the dinar and dirham also allow speculation, but in the end, they do not because they have intrinsic value. From period to period, began to determine the size make design changes and quality improvements to achieve a reasonable goal of reducing counterfeiting money. Economic and political stability is the real goal to be completed to increase.]]>
<![CDATA[Contract Law in Online Lending Practice ]]>
<![CDATA[Ayu Kholifah]]>;
<![CDATA[Arini Rufaida]]>
<![CDATA[ Al-'Adl Vol 15, No 1 (2022): Al-'Adl ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Kendari ]]>
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DOI: 10.31332/aladl.v15i1.3421
<![CDATA[This study aims to identify the law of agreement on the practice of online lending that is developing in Indonesia. This research is a normative research with a contract law approach. Methods Data collection is done by the library method (literature). The results show that online lending practices are developing in Indonesia, applications that operate as online loan facilities include legal, illegal applications, and applications labeled as Financial Services Authority or OJK in Indonesia, Ministry of Communication and Information of the Republic of Indonesia, and Indonesian Joint Funding Fintech Association or AFPI in Indonesia. Online loan transactions that require borrowing to obtain funds, the application operator only verifies personal identity as a condition of the agreement. Therefore, the legal concept of agreement in online lending practices is that it does not meet the provisions of the agreement system and contains rights and obligations between parties and the disclosure of public information on online lending, so that online lending practices are exclusive and have defects in all online lending practices.]]>
<![CDATA[Pancasila and The Construction of The Legal Hierarchy in Indonesia ]]>
<![CDATA[Abunawas Had]]>;
<![CDATA[Muh. Arif Maulana]]>;
<![CDATA[Masdianawati Masdianawati]]>
<![CDATA[ Al-'Adl Vol 15, No 1 (2022): Al-'Adl ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Kendari ]]>
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DOI: 10.31332/aladl.v15i1.2997
<![CDATA[This paper aims to provide a general description of the existence of Pancasila philosophy in the hierarchy of laws in Indonesia. Pancasila's initial position as a grand norm to the end of Pancasila's role in the course of law in Indonesia. The research method used in this study is a normative research method by collecting data from the library and various literature and from the internet, which is the primary data material and secondary data material based on predetermined qualifications. The finding showcased two things: First, Pancasila's philosophical understanding is based on the positivistic values of Hans Kelsen that the law has levels (stufenbau theory) that must be objective without prejudice and justice. Second, Pancasila should be used as the primary basis in the formation of law in Indonesia to produce laws that follow the values of Pancasila.]]>
<![CDATA[Exploring Family Communication and Behavior with The Sakinah Family During The Covid-19 Period ]]>
<![CDATA[Ahmad Fauzan]]>;
<![CDATA[Muhammad Zakir Husein]]>;
<![CDATA[Ahmad Ahmad]]>;
<![CDATA[Eka Sufartianinsih Jafar]]>
<![CDATA[ Al-'Adl Vol 15, No 1 (2022): Al-'Adl ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Kendari ]]>
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DOI: 10.31332/aladl.v15i1.3577
<![CDATA[Communication and behavior are the main components that still need to be considered to see the level of family harmony during Covid-19, most of which are designing the effects of the pandemic giving birth to domestic violence and divorce. The purpose of this study was to complement and review the existence of the family in aspects of communication and behavior in the family environment during the pandemic in realizing a sakinah family. The research design tends to be phenomenal with a social communication approach. Data collection was done by direct interview. The results of this study show, first, that interpersonal and multipersonal family communication and behavior are positive so that the pressure of the Covid-19 pandemic is not too significant on the level of violence and divorce. Second, the supporting factors in family communication and behavior are the existence of routine religious social activities, demographic conditions, and openness to the social and family environment, especially different religions, ethnicities and races.]]>
<![CDATA[Protection of The Reproductive Rights of Female Workers ]]>
<![CDATA[Kamelia Karim Dwi Putri]]>;
<![CDATA[Marwati Riza]]>;
<![CDATA[Sakka Pati]]>
<![CDATA[ Al-'Adl Vol 15, No 1 (2022): Al-'Adl ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Kendari ]]>
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DOI: 10.31332/aladl.v15i1.3213
<![CDATA[The study aims to analyze the protection of the reproduction rights of female workers through preventive and repressive legal protection facilities. This research uses empirical legal research methods by observing various facts in the field in the form of research that begins with literature studies as an initial data source. The author conducts observations and interviews to obtain data or materials relevant to the object studied. Based on the study results, it can be concluded that the protection of the reproduction rights of female workers is further regulated in employment agreements, collective labor agreements, or company regulations are still many who ignore the rules contained in the Labor Act. Employment Agreement only further regulates what is not regulated in the Employment law. When the Employment Agreement, Collective Labor Agreement, or Company Regulation rules conflict with the Law, the agreement is null and void.]]>
<![CDATA[Reconception of Zakat Institutional Management Regulations in Bone District ]]>
<![CDATA[Tri Suhendra Arbani]]>;
<![CDATA[Rahmatia HL]]>
<![CDATA[ Al-'Adl Vol 15, No 2 (2022): Al-'Adl ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri (IAIN) Kendari ]]>
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DOI: 10.31332/aladl.v15i2.3214
<![CDATA[This study aims to unravel the reconceptualization of zakat management arrangements in Bone Regency and the role of local governments and Bazasnas in Zakat Management Arrangements. And to analyze philosophical, sociological, and juridical considerations or foundations for forming Draft Laws or Draft Regional Regulations. This research is legal (legal research). The analysis of this study uses the type of qualitative research. The type of research used is the type of prescriptive analysis research. This regional regulation regarding zakat management in Bone Regency is essential because it has great potential to channel it as a form of poverty alleviation and provide social justice for people who need it. The role of local government of Bone Regency can take several actions, namely: the Role of Zakat Institutions, the Role in Regional Regulations, and the Role in Collecting Community Data on Zakat Assistance Recipients. This regional regulation on zakat management must be re-regulated in updating existing regional regulations. Regional regulations for zakat management are beneficial with the aim of being a regulatory material for good zakat management to increase efficiency and effectiveness. Zakat must be managed institutionally by Islamic Law.]]>
