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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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Marriage Implementation on The Muharram in The Islamic Law Perspective Nurbaeti, Nurbaeti; Samsuddin, Samsuddin
Al-'Adl Vol 16, No 1 (2023): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v16i1.3465

Abstract

The implementation of marriage cannot be separated from the traditions that apply in a region. Abstinence from performing weddings in the Muharram month is one of the prevailing traditions in society. Month. This research was qualitative researchwith field research (field research) data collection techniques, the author holds direct observations, interviews, and documentation. Qualitative data are analysed in an inductive and deductive way. The results of the research showed that most of the society in Cenrana district of Bone Regency still believe that if there were marriage implementation onthe Muharrammonth, the people will have bad luck, their marriage will not be lasting and will be a calamity and people views about marriage implementation on the Muharram month in Cenrana District are not following Islamic law.
Respect For The Flag According To The Perspective of Islamic Law (Analytic Studies) Sanusi, Ahmad; Jamaluddin, Jamaluddin
Al-'Adl Vol 16, No 1 (2023): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v16i1.4041

Abstract

Flag saluting is part of the attitude of nationalism and national life. Some people think that nationalism does not conflict with Islamic law and teachings, so a flag salute is permissible and not prohibited. However, some people who think that nationalism is something new in Islam think that respecting the flag is not permissible. This study describes the law of respecting the flag in Islam, how contemporary scholars think about it, and their arguments for the permissibility or inability to salute the flag. This study confirms that the law of respecting the flag is permissible and can even be a sunnah law because it is a form of respecting the symbol of the state, not glorifying or purifying the flag, and respecting the flag is not prohibited in Islamic law and does not conflict with the outlines of Islamic law. Respect and glorification of the flag have the basis and source of the Shari'a, namely: the story of the Messenger of Allah sending his companions to fight with the Roman troops in the Mu'tah area, which is known as the Mu'tah war where the war flag was highly respected by warlords and even friends of Ja'far bin Abu Talib broke up his right and left hands to defend the war flag. It shows he respects the flag.
From Dakwa to Fatwa: the Linguistic Violence behind Preacher's Digital Narrative Iqbal, Muhammad
Al-'Adl Vol 16, No 2 (2023): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v16i2.6356

Abstract

Although research on linguistic violence in fatwas has been extensively examined by Islamic law experts, there are still few lectures on YouTube that discuss linguistic violence in fatwas. The current study aims to examine linguistic violence perpetrated by preachers on social media in order to fill research gaps. This study employs an interpretative qualitative case study design. This study uses document analysis to collect data. To analyze the data, William C. Gay's (1998) theory is applied. The results of the study indicate that there are subtle, abusive, and gesture forms of linguistic violence in the fatwa. Language, ideology, and power relations (popularity) contribute to the occurrence of linguistic violence. The effects of linguistic violence on congregations, in general, are discord among interfaith adherents, blasphemy among adherents on social media, and constraints from certain circles to clarify apologies. At the conclusion of this investigation, the study's implications are discussed.
Convergence of Qard and Ijarah Agreements Evidence of Gold Pawn Products from Bank Syariah Indonesia Mujahidin, Mujahidin; Randi, Randi; Muin, Rahmawati; Sapira, Sapira
Al-'Adl Vol 16, No 2 (2023): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v16i2.5823

Abstract

The application of gold pawning in Islamic banks uses the concept of qardh and ijarah contracts with the guidance of Islamic economic law (sharia) with the provisions of the fatwa of the National Sharia Council (DSN) of the Indonesian Ulema Council (MUI). This study aims to determine the application of the Convergence of Qard and Ijarah Acts on Gold Pawn Products at Bank Syariah Palopo. The design in this research is field research that uses descriptive qualitative research methods with juridical analysis through observation, interviews. The results of this study reveal that the signing of qardh, rahn and ijarah contracts at Bank Syariah Mandiri Palopo is carried out separately to avoid gharar, jahalah and usury. Thus, qard products are not included in the hybrid contract category. The convergence of the gold pawn contract of Bank Syariah Mandiri Palopo City based on the research results is in accordance with the provisions of DSN fatwa No.25/DSN-MUI/III/2002 on rahn and DSN fatwa NO.26/ DSN -MUI/III/2002 on gold pawning. Thus, the convergence/integration of the qardh contract and ijarah contract in the gold pawn product at Bank Syariah Mandiri Palopo is appropriate because it is in accordance with and fulfils the DSN fatwa.
Legal Protection Against Whistleblowers in the Crime of Sexual Harassment (Maqashid al-Shari'ah Perspective) Fad, Mohammad Farid
Al-'Adl Vol 16, No 2 (2023): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v16i2.5638

Abstract

The significance of whistle-blower is the reluctance to take actions that violate public ethics, which can lead to the threat of legal sanctions. The existence of whistleblowers plays a significant role in breaking the chain of sexual harassment. However, the reporting witnesses often lack adequate legal protection and appreciation. This is where the importance of the State's presence in providing legal protection to these witnesses by providing security guarantees. For this reason, it is necessary to study the analysis of legal protection for whistleblowers for criminal acts of sexual harassment in the view of maqashid al-shari'ah, especially in reviewing the concept of maqashid al-shari'ah. This study uses a qualitative approach. Meanwhile, the data collection methods used are literature, documentation, and observation. In analyzing the data, the authors use descriptive analysis with the ushuliyah approach, namely by using the theory of maqashid shari'ah. The results of this study reveal that legal protection for the reporting witness (Whistleblower) of the crime of sexual harassment in the maqashid al-shari'ah perspective is a type of legal protection that mainstreams the common good and rejects harm because the role of the reporting witness is considered urgent in revealing the truth of legal facts. The urgency of legal protection for witnesses reporting sexual harassment is to protect witnesses from attempts at terror and intimidation as part of a joint effort to overcome organized crimes that tend to have a clandestine pattern. When an act of intimidation occurs at the reporter, it causes harm in the form of a threat to the survival and benefit of a person's life. Therefore, within the framework of maqashid al-shari'ah, the Government must enact a law on the protection of whistleblowers of sexual harassment to ensure that law enforcement efforts are guaranteed. The implication is that to realize the principle of maqashid shari'ah, laws, and regulations are needed as part of legal protection efforts for witnesses reporting sexual harassment to close the madharat loopholes arising from the reporting act. The presence of rules that protect whistleblowers from intimidation is evidence of real support for State protection in upholding the rule of law.
Socio-Legal Studies: Methodical Implications of Legal Development in Indonesia Purwanda, Sunardi; Rezky Wulandari, Andi Sri
Al-'Adl Vol 16, No 2 (2023): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v16i2.6129

Abstract

The purpose of the study is to analyze the position of socio-legal studies in legal studies, to analyze their intersection with similar studies, and to analyze their methodical implications for the development of law in Indonesia. By merging doctrinal legal approaches and empirical legal approaches, socio-legal studies appear to offer a large field for legal scholars using a variety of methods. In the study of legal phenomena that are not isolated by social, political, economic, or cultural circumstances, socio-legal studies place concepts and theories based on an interdisciplinary approach that combines disciplines. The sociology of law, which primarily draws its intellectual inspiration from mainstream sociology and views law as a vehicle for social governance, a profession, and a discipline, is distinct from socio-legal studies. Legal discourse, which is a common occurrence in everyday life, is a major subject of legal sociology. Additionally, Socio-Legal Studies differ from Sociological Jurisprudence, which emphasizes realism viewpoints in the field of law.
Misperception of the Implementation of the Principle of Restorative Justice to the Crime of Rape Janur, Nur Akifah; Rahman, Abdul; Ardiansyah, Ardiansyah
Al-'Adl Vol 16, No 2 (2023): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v16i2.6012

Abstract

The concept of Restorative Justice is an alternative settlement of criminal cases in which, in criminal justice procedures, the focus of punishment is shifted to a mediation or deliberation process involving several parties, including the perpetrator, victim, family of the perpetrator or victim, and other related parties, where the principle of one crime in the Criminal Code (KUHP) is the crime of rape regulated in Article 285 of the Criminal Code which is a form of crime against decency. The purpose of the research is to review the perception errors in the application of the principles of restorative justice to the crime of rape to provide a direction for change regarding the principles of restorative justice in the crime of rape. The study comes to the conclusion that restorative justice must prioritize ensuring the rights of rape victims are upheld rather than being applied in a way that reconciles the victim and the offender. The TPKS Law, which governs rape law enforcement in Indonesia, ensures that victims' rights are protected in terms of handling rights, protection issues, and recovery rights. The punishment meted out to those who commit the crime of rape is a way of holding them accountable for their deeds.
Study of Government Policy in the Lisu Massikola Community Movement Program in Bone Regency Paikah, Nur
Al-'Adl Vol 16, No 2 (2023): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v16i2.5926

Abstract

Although government policies play an important role in improving education and IPM, maximizing overcoming the APS phenomenon, there is evidence of government efforts to transform even though these policies still need to be evaluated. Therefore, this study aims to reveal and evaluate the GEMAS LIMAS program policy in Bone Regency in terms of education design in overcoming APS. The research method used, sociolegal research with a conceptual approach, and data collection with direct interviews with policy makers related to this APS education program. The findings of the research are: first, the GEMAS LIMAS program is one of the strategies to overcome the education sector and human index development. Second, the financial sector and budget allocation are limited in maximizing the GEMAS LIMAS program. Third, there are gaps and inconsistencies in APS data from relevant agencies in Bone district.
Registration of Marriage Book Perspective of Needs Level Theory Abraham Maslow and Syatibi Harwis, Harwis; Ahmad, Ahmad
Al-'Adl Vol 17, No 1 (2024): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v17i1.5837

Abstract

The research aims to reveal the level of human need in the current era for the registration of marriage books. This research uses a document analysis approach and a literature study. Analysis of the Compilation of Islamic Law (KHI), the Marriage Law, and other related documents. This research explores the phenomenon of unregistered marriages in Indonesia, and the legal consequences caused by unregistered marriages and then analyzes the need level of the Indonesian people for the importance of registering marriage books using Abraham Maslow's and Syatibi's need level theory. This study concludes that the registration of marriage books in the analysis of Maslow's theory of needs level can include five levels of needs. Maslow's version of the five levels of needs is relevant to Syatibi's theory of needs at the level of primary needs (daruriyat). Unregistered marriages will result in a loss of civil rights, which can be life-threatening, especially for children born from unregistered marriages. Therefore, the current and future contexts have become a necessity for the obligation to fulfill the marriage book. Unregistered marriages will cause successive losses and crimes. Therefore, marriages without registration in a marriage book must be expressly annulled by the government with strict laws accompanied by sanctions. This research is expected to be a stimulant for scholars, legislators, and the government to have the confidence and courage to prevent unregistered marriages by the state.
Implementation of Regency/Municipal Bawaslu Authority in Handling Election Criminal Violations Committed by Children Darma, Darma; Bariun, La Ode; Siregar, Winner
Al-'Adl Vol 16, No 2 (2023): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v16i2.3101

Abstract

The study aims to determine the authority of Regency/Municipal Bawaslu in handling election criminal violations and election criminal violations and to find out the implementation of the handling of election criminal violations and election criminal violations committed by children in the 2019 and 2020 elections. Cities in handling election criminal violations, starting from receiving and following up on findings and reports related to alleged election criminal violations, examining and reviewing election criminal violations, collecting evidence, requesting information needed from related parties or clarification, and forwarding the results review of findings and reports to authorized agencies for follow-up. Meanwhile, the handling of election criminal violations is carried out at each stage of the election implementation based on findings and reports. Following up on reports related to the alleged election criminal violations by conducting studies and clarifications, these were then forwarded to Gakkumdu. Meanwhile, the implementation of the handling of election criminal violations and election crimes committed by children during the 2019 elections in Bombana Regency as well as the 2020 elections in South Konawe Regency and East Kutai Regency used diversion efforts at the investigative level. The Diversion process is conducted through deliberations involving children and their parents or guardians, the Gakkumdu Sentra Team, Community Advisors, and the community. This provision refers to the formal provisions of the juvenile justice system as stipulated in Law Number 11 of 2012.

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