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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 The Legal Politics of Executive–Legislative Power Relations in Post-Amendment Indonesia’s 1945 Constitution: The Legal Politics of Executive–Legislative Power Relations in Post-Amendment Indonesia’s 1945 Constitution Aisyah Chairil; Maulana, Ramza Fatria; Dio Prasetyo Budi
Al-'Adl Vol. 18 No. 2 (2025): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

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Abstract

This study examines the dynamics of legal politics in the power relations between the executive and legislative branches in Indonesia following the amendments to the 1945 Constitution. The background to this study is the need to review Indonesia's constitutional structure, which was previously rife with executive dominance, particularly during the New Order era. The constitutional reforms undertaken between 1999 and 2002 were crucial in redesigning the state's power relations, with the aim of creating balance by strengthening the legislative, budgetary, and oversight functions of the House of Representatives (DPR). This research uses qualitative methods with a normative-juridical approach, anchored in the analysis of regulations, constitutional documents, and a review of primary and secondary legal literature. The results show that although the amendments have formally strengthened the DPR's position in the presidential system, their implementation has presented new challenges in the form of legislative dominance that is vulnerable to being exploited for partisan interests. The multiparty system in Indonesia's presidential system has also created power friction between the president and parliament, hampering government effectiveness. The chaos in the function of checks and balances is exacerbated by the weakness of countervailing institutions such as the Regional Representative Council (DPD) and the People's Consultative Assembly (MPR). Further reforms are needed that address not only institutional design but also the development of a deliberative political culture and the strengthening of independent oversight institutions to support substantive democracy  
Lavender Marriage in the Perspective of Islamic Law: A Case Analysis in Nangka Village, Binjai Utara District Alawiyah, Nur Suci; Yazid , Imam; Iwan, Iwan
Al-'Adl Vol. 18 No. 2 (2025): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

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Abstract

Lavender Marriage refers to a marital union undertaken to conceal sexual orientation in order to avoid social stigma. This study analyzes the validity of such a marriage contract under Islamic law and the framework of maqāṣid al-sharī'ah through a case study in Nangka Village, North Binjai District. Employing a juridical-empirical approach with a descriptive-analytical method, data were collected through interviews, observations, and literature review. The findings indicate that although this practice may fulfill the formal requirements of marriage under positive law, it contradicts the essential objectives of marriage in Islam, particularly the establishment of a harmonious family (sakinah, mawaddah, wa rahmah) and the preservation of lineage (ḥifẓ al-nasl). Elements of deception (tadlīs) are present, resulting in greater harm (mafsadah) than benefit (maṣlaḥah), whether morally, socially, or psychologically. The study recommends strengthening premarital counseling, moral development, and public education to prevent similar practices.
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 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.
Online Lending: Choice or Threat A Review of Sharia Law Jastacia, Bella; Najmuddin, Arel Raghib
Al-'Adl Vol. 17 No. 1 (2024): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v17i1.6701

Abstract

The prevalence of online lending in the financial industry has surged due to its convenient accessibility to funding sources, while it also entails significant dangers. The objective of this study is to provide a thorough risk evaluation pertaining to online lending, with specific focus on the hazards that generate public apprehension. As part of a comprehensive study strategy, we conducted in-depth interviews with stakeholders and consumers, while also analyzing article 1 paragraph 3 of POJK 77 of 2016 and the current fatwa issued by DSN MUI (number 117/DSN MUI/II/2018) using an empirical legal approach. The primary objective of this research is to ascertain noteworthy hazards, such as extravagant interest rates, rigorous collecting policies, and ambiguous terms and circumstances. This risk assessment considers the social and economic consequences, such as the potential for heightened financial difficulties for customers and economic instability within households. In addition, the report analyzes the existing regulatory framework and identifies deficiencies in industry supervision, while offering recommendations for enhancing policy. The results of this study offer a thorough understanding of the risks linked to online lending, therefore enhancing the awareness of the general public, financial institutions, and regulatory organizations. This study not only identifies rising hazards but also examines viable solutions to mitigate them and minimize their negative effects. When successful, this study may inform policy discussions and efforts to address the issues of extensive internet lending
Realization of the Implementation of Post-Divorce Child Support Obligations at the Purworejo Religious Court Yuniar, Meli Dwi; Muhajir, Muhajir; Sudarmaji, Waluyo; Huda, Muhammad Chairul
Al-'Adl Vol. 17 No. 1 (2024): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v17i1.6858

Abstract

This research aims to find out how the implementation of child support obligations after divorce in the Purworejo Religious Court. And will also identify what factors influence it. The method used in this research uses a normative juridical approach. While this type of research is field research, which is taken from documents from the Purworejo Religious Court, direct observation and interviews with parties who have sued in court. The results showed that there are still many parents, especially fathers, who do not carry out their obligations in providing maintenance to their children. There are several influencing factors, including lack of legal awareness, lack of awareness of the obligations of a father, parents are too involved in the household, social factors and economic factors. Whereas the obligation to provide for children has been stated in the decision of the judge of the Purworejo Religious Court.
Application of Mohuntingo Philosophy as a Joint Protection of Children Victims of Violence (Study of Child Decent Cities in Gorontalo City) Darmawati, Darmawati; Arpin, Arpin; Sulaiman, Yana Yanti
Al-'Adl Vol. 17 No. 1 (2024): Al-'Adl
Publisher : Institut Agama Islam Negeri 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 Position of E-Commerce that Causes Default in the Perspective of Fiqh Muamalah Sari, Muspita; Hidayat, LD Dian; Jasmin, Suriah Pebriyani
Al-'Adl Vol. 17 No. 1 (2024): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v17i1.7000

Abstract

With the ease of accessing the internet and the advancement of technology, the system of buying and selling has become easily accessible anytime and anywhere. The objective of this study is to uncover the e-commerce system in online buying and selling conducted by students of IAIN Bone, the emergence of various online shopping sites such as Lazada, Shopee, Tiktok Shop, Tokopedia, Bukalapak, and various other online shopping sites, resulting in violations known as breach of contract. Using empirical research and data collection based on survey results to students who use online shopping site applications during the year 2023. The results show that students who generally use online shopping sites through the e-commerce system experience breach of contract where the goods received do not match what was promised. The percentages are as follows: 36% on Shopee, 29% on Tiktok Shop, 21% on Lazada, 9% on Bukalapak, and 5% on Tokopedia.
Sharia Cooperative Compliance Analysis of Mujur Aceh Sharia Financing Saving and Loan Cooperative Saputra, Edy; Koesmawan, Koesmawan
Al-'Adl Vol. 17 No. 1 (2024): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v17i1.7127

Abstract

This research aims to assess the compatibility of contracts, Standard Operating Procedures (SOPs), and marketing materials used by KSPPS Mujur with Sharia principles. KSPPS Mujur transitioned to the Sharia system following the implementation of Qanun LKS but has yet to establish an active Sharia Supervisory Board. The research method employed is Critical Analysis, which is a descriptive method enriched with critical analysis based on Sharia principles and Sharia oversight theory as an additional reference. The research findings indicate that the contracts, SOPs, and marketing materials of KSPPS Mujur do not meet Sharia standards. The implications of this research include the importance of Sharia oversight and the establishment of Sharia Boards at the district/city level in Aceh, the need for document revisions to align with Sharia principles, and serving as a foundation for further research contributing to the development of Islamic financial institutions.
Reformulation of People's Market Management in Pinrang Regency Hasim, Hasanuddin; Pradana, Syafa'at Anugrah; Pikahulan, Rustam Magun; Rahman, Aulia Audri; Reska, Nurul Alfita
Al-'Adl Vol. 17 No. 1 (2024): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v17i1.7266

Abstract

The establishment of regional regulations on people's market management aims to create a well-functioning market environment, provide benefits to traders, consumers, and the wider community, and support the overall economic growth of the region. With good regulation, it is hoped that the people's market can become a competitive economic center, while ensuring welfare for all parties involved. The method used in this study is empirical juridical where this method applies legal knowledge theoretically and applies it in real situations or contexts, for testing, evaluation, and refinement of the legal system. The results showed that of the 21 people's markets in Pinrang Regency, there were only 3 people's markets that almost met the standardization of people's market facilities and infrastructure, namely Pinrang Main Market, Kariango Market, and Pekkabata Market. While the other 18 markets do not meet the standards of people's market management. Therefore, this study provides academic analysis in reformulating academic manuscripts  in the formation of regional regulations on the management of people's markets in Pinrang Regency as a form of legal certainty and justice in terms of theoretical, sociological, and juridical aspects.
Filling Members of the Financial Audit Board: Constitutional Review and Legislative Intervention Mutawalli, Muhammad; Masum, Ahmad; Aidonojie, Paul Atagamen; Adebayo, Adesoji Kolawole
Al-'Adl Vol. 17 No. 1 (2024): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v17i1.7707

Abstract

This article aims to at least outline and analyze the main problem, namely related to the development of an independent system for filling the positions of BPK members according to the theory of independence of state institutions reviewed through constitutional interpretation in the Law. This research is qualitative research with normative juridical methods. Research was carried out using a legal approach, a conceptual approach and a philosophical approach to the issues raised. In this paper, the author applies techniques for collecting legal materials or data, through documentation or literature studies which are carried out by reading, reviewing, classifying, identifying and understanding legal materials in the form of regulations and books and literature. which is related to the research object discussed in this paper. The analysis of legal materials used applies qualitative, descriptive and prescriptive methods that are oriented towards answering problem formulations. Apart from that, analysis of legal materials also focuses on the inventory aspect of legal materials in the form of soft files and hard files. Manual inventory is carried out on hardfile legal materials, while digital inventory is carried out on legal materials in softfile form. After the inventory, an analysis process is carried out with reference to the legal issues and discussion formulations raised. The finding in this paper is that there is polarization in filling the positions of BPK members which is far from the principle of independence and also prioritizes the supervisory aspect in filling these positions so that the principle of checks and balances is not implemented within the BPK itself. The polarization of filling the positions of BPK members which seems political has resulted in hidden interests which could actually disrupt the independence of the BPK as a state audit institution. In the future, it is necessary to strengthen the BPK institution as a state institution that is in a new space of power known as the inspection space by making changes and additions to concrete and internal regulations in the aspect of filling out BPK members in terms of the theory of state institutional independence

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