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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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Measuring the Legality of Cryptocurrencies in the Fatwas ., Andi Yaqub
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.v16i2.7296

Abstract

Review of legality regarding the existence and use of cryptocurrencies from an Islamic legal perspective focusing on fatwas. The finding Content analysis and comparison on references and istinbath methods in drawing conclusions. Policy regarding crypto in Indonesia has not accommodated legal protection and certainty to anticipate elements of speculation in crypto transactions and differences in scholarly decisions on crypto are caused by different sources of reference and understanding of sil'ah and currency. The legal status of transactions using Cryptocurrency is determined to be haram if there is gharar, maysir, and allows cryptocurrency to be used as an instrument of speculation and is determined mubah if it meets the sil'ah category and there is certainty that can eliminate all potential haram then cryptocurrency as a legal currency is used
Application of Mohuntingo Philosophy as a Joint Protection of Children Victims of Violence (Study of Child Decent Cities in Gorontalo City) Darmawati, Darmawati Darmawati; Arpin, Arpin Arpin; Sulaiman, Yana Yanti
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.v17i1.6955

Abstract

Sexual violence against children is part of a humanitarian emergency. Sexual violence continues to increase significantly, and even the relatives (family) of the perpetrators of sexual violence are part of the perpetrators of this violence. The research objective of this study is to reveal the role and involvement of local Mohuntingo traditions as a pathway to approach and resolve cases of sexual violence. This research method is descriptive-qualitative by providing descriptive descriptions related to sexual violence experienced by children. The results of this research show that the first several fundamental components, the involvement of the Mohuntingo tradition as a part of resolving sexual violence, are not accommodated properly, so the tradition ends up in the ritual aspect. Second, the government's policy of minimizing the practice of sexual violence against children is still passive, and the protection process is institutional-based. Mohuntingo's involvement is an uninvolved approach due to the government waiting for the results of complaints from people who have experienced sexual violence, so in reducing sexual violence, the involvement of Mohuntingo's approach is important to accommodate community participation.
The Obligation of Pasar Pitu Tradition on Pre-Marriage implementation in Maqosid Shari'ah Analysis Widiyanto, Hari; Khasanah, Fitrohtul; Saifudin, Saifudin; Nursobah, Achmad; Malikhah, Wafiyatul
Al-'Adl Vol 17, No 2 (2024): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v17i2.8435

Abstract

The relationship between Islamic law and the pitu market tradition in the form of practices carried out by Javanese society as part of pre-marriage is a form of strengthening in the development of Islamic law and gluing together traditions that develop in the community, so that this tradition is based on the maqosid sharia approach by involving prospective brides that visit seven different markets before getting married needs to be tested for its relationship and contribution to Islamic law and the community tradition. The research method used in the study used a qualitative study by conducting in-depth interviews with analysis using maqosid sharia. This research shows that the pitu market tradition has values in line with several fundamental aspects in the maqosid sharia framework such as hifz al-din and hifz al-'aql, hifz al-nasl, hifz al-mal. Thus the market pitu tradition carried out by the community as a pre-marriage has social, spiritual, and economic values in running the bride and groom's household life in the future. This market pitu tradition is a practice that is believed to provide blessings and introduce a form of responsibility if after a marriage from various aspects in the practice of the market pitu tradition.
Bridging Corruption Articles” through the National Criminal Code: The Perspective of Corruption Eradication and Ta'zir Fadhil, Moh.; Anwar, M. Ian Hidayat; Fernando, Zico Junius; Anditya, Ariesta Wibisono
Al-'Adl Vol 17, No 2 (2024): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v17i2.8436

Abstract

One of the tasks of criminal law reform is to consolidate criminal law provisions that are scattered in various laws and regulations. The drafting team has incorporated several special offences into the National Criminal Code as a bridge between the norms, making the National Criminal Code the epicentre. This raises normative questions about the position of special offences, especially corruption offences, when the norms are shifted to general norms in the National Criminal Code, in relation to the systematic enactment of Book I of the National Criminal Code, and whether the changes in the criminal formulation are proportional to the spirit of eradicating corruption. This research will focus on answering the above-mentioned normative concerns. This type of research is a normative research that focuses on the content analysis of legal materials in the form of Book I of the National Criminal Code, articles on corruption in the National Criminal Code and the Corruption Act. The validation process of the analysis results was presented in a forum group discussion with several legal aid organisations and university research institutions. The results of the research show that the intention of the drafting team to include corruption offences is limited to the technical consolidation of corruption offences in the National Criminal Code in the form of bridging articles. In the context of the fight against corruption, there are five crucial reservations, namely the disparity of penalties, the categorisation of fines, the powers of the State Loss Calculation Institution, the stagnation of the regulation of bribery offences and the harmonisation of the United Nations Convention against Corruption.
Diversity of Worship Fatwas During the Covid-19 Pandemic at the Institution of The Indonesian Ulama Council Marwadi, Marwadi; Labib, Mughni
Al-'Adl Vol 17, No 2 (2024): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v17i2.9363

Abstract

Fatwa is an Islamic legal consideration that is conveyed by a mufti or scholar, individually or collectively and becomes an answer to questions and to respond to problems that occur in society. The MUI fatwa is a fatwa that is quite significant when the Covid-19 pandemic occurred in the world, including in Indonesia. However, the fatwa that has been issued by the Central MUI as a guideline for the Muslim community in carrying out worship activities during the Covid-19 pandemic season is not necessarily followed and socialized by the MUI institutional level at the regional level. Some of the central MUI fatwas differ from those issued by regional MUIs, such as the fatwa on holding worship at home, wavy Friday prayers, and the use of the astrazeneca vaccine. The reason for the difference between the Central MUI and the MUI is because each MUI institution has a different typology and point of view. For the same case, a different typology produces a different fatwa, as in the difference in the fatwa prohibiting congregational prayers at the mosque between the traditional thinking typology of the West Sumatra MUI and the moderate thinking typology. Likewise, different perspectives can also lead to differences in fatwas between the Central MUI and regional MUI, such as the case of the halal status of the astrazeneca vaccine between the Central MUI and the East Java MUI. The same typology of thought, namely the moderate typology, but with a different point of view produces a different fatwa. Then in the case of the fatwa prohibition of Friday prayers, the waves are more due to conditions of social change. The central MUI fatwa prohibits wavy Friday prayers because they appear under normal circumstances while the fatwa allows wavy Friday prayers because there is an outbreak of Covid-19 even though in fact both of them have a moderate typology of thinking.
Legal Consequences Of Decision To Refuse Marriage/Isbat Nikah On Marriage Status And Child Status (Case Study of Pasuruan Religious Court Decision Number: 0360/Pdt.P/2022/PA.Pas) Hidayati, Ammalia; Muhibbin, Moh; Suratman, Suratman
Al-'Adl Vol 18, No 1 (2025): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v18i1.9505

Abstract

The rise of cases requesting validation/itsbat nikah at the Pasuruan Religious Court signals that there are still many people who are less or not even aware of the importance of marriage registration at the Office of Religious Affairs (KUA). The research method used is normative legal research, using statutory, conceptual, and case approaches. The result of this study is the consideration of the Panel of Judges in deciding case number 0360/Pdt.P/2022/PA.Pas related to the decision to reject the marriage validation/itsbat nikah case against the ratio decedendi and the legal consequences for the wife and child is that the formal requirements carried out by both parties are not fulfilled. So that the legal consequences related to the rejection of the application for itsbat nikah by the judge against unregistered siri marriage are losses for the wife and children, including: difficulty obtaining the right to maintenance, joint property in the event of a divorce or the right to inheritance if the husband dies, the child will also find it difficult to get recognition from his father in the birth certificate.
The value of the benefits of mediation in the settlement of child custody cases in court Jasmaniar, Jasmaniar; Alam, Syamsul
Al-'Adl Vol 18, No 1 (2025): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v18i1.10720

Abstract

This article is to analyze the value of the benefits of mediation in child custody cases.This research is normative research with a statutory approach and a conceptual approach. Types and sources of legal materials are primary legal materials, secondary legal materials and tertiary legal materials. Searching for legal materials uses the literature study method to search for legal materials, including regulations governing mediation, child custody, journals and literature books. The collected materials are then inventoried and identified and all existing legal materials are systematized. The results of the research show that the integration of mediation is based on the provisions of Article 130 HIR & Supreme Court Regulation No. 1 of 2016 concerning Mediation Procedures in Court requiring that cases be resolved through mediation including child custody. This method of resolving cases will prioritize the interests of the child because it is through a peace agreement which is confirmed by a deed. peace will enable joint parenting of children, this method will provide benefits in the child's growth and development even though the parents are divorced
Systematic Literature Review: The Influence of Divorce on Economic Resilience Single Mother Families Turmudi, Muhamad; Tarihoran, Nafan; Aspandi, Aspandi
Al-'Adl Vol 18, No 1 (2025): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v18i1.9518

Abstract

Divorce affects the economic resilience of families, especially for single mothers. Single mothers have to play a dual role as breadwinners and take care of their children without the help of their ex-husband. This research aims to analyze the effect of divorce on economic resilience and efforts to maintain the economic resilience of single mother families after divorce. The method used in this research is a systematic literature review based on big data of 600 research articles published between 2019-2024 via publish or perish Crossref, Google Scholar and OpenAlex with VOSviewer visualization. The articles used to analyze the problems in this research were 13 articles based on keyword criteria that represented the research problem. From the thirteen articles used in the systematic literature review, it was found that divorce had a negative effect on the financial condition of single mothers who had limited resources, did not have a permanent job or during their household ties depended on the results of their husband's work. Single mothers face many difficulties because they have to do everything alone at home, including meeting the daily needs of themselves and their children. Single mothers make various efforts to maintain the family's economic resilience through economic activities in the form of selling goods or services, working as company employees, laborers, household assistants and even becoming migrant workers
Implementation of Diversion in the Juvenile Justice System at Kendari District Court Iksan, La Ode Muh; Rifai, A; Dagani, Gamlang; Wahyuddin, Wahyuddin
Al-'Adl Vol 18, No 1 (2025): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v18i1.11354

Abstract

This research discusses the application of diversion in the juvenile justice system in the KendarI prosecutor's office This research uses normative legal research methods, namely by examining library materials which are secondary data. In this case normative legal research is research conducted with a focus on positive law in the form of legislation. The data used is secondary data from primary legal materials and secondary law. The research used is descriptive analysis, with a normative juridical approach in the legal references used referring to primary law and secondary legal materials, namely Law number 11 of 2012. About the juvenile justice system and related legislation. The results of the research used are qualitative descriptive research. The application of Diversion in the Juvenile Criminal Justice System at the Kendari District Court has been successfully carried out in juvenile criminal cases with sharp weapons / fire cases by going through the preparation stage, the judge's determination stage, the consultation stage, the agreement stage carried out by peaceful means between the two parties without any compensation. Diversion which is peaceful without loss by referring to the resolution of conflicts between children in conflict with the law through processes outside the criminal justice system, with the aim of achieving peace without causing harm to all parties, especially children and victims.
The Paradox of the Sovereignty of the Constitutional Court in the Context of Protecting Democracy and the Constitution in Indonesia Mutiasi, Novia; Kristanto, Budi
Al-'Adl Vol 18, No 1 (2025): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v18i1.8475

Abstract

The Constitutional Court is a state institution that was born after the Constitutional Court reform in 1999. Through amendments to the 1945 Constitution, the Constitutional Court is authorized to test laws (statutes) against the Constitution. In addition, there are other powers to protect human rights relating to the constitutional rights of citizens. As a state institution that has the authority, among others, of the Constitutional Court, as the highest interpreter of the constitution in addition to realizing democratic government, the Constitutional Court acts as a guardian of democracy, protection of citizens' constitutional rights and protection of human rights, this research uses a mapping tool in the form of a VOSViewer application that can present and present specific information about the research conducted.

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