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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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A Critical Study of the Rejection of the Blasphemy Prohibition Provisions in the Criminal Code Related to the Ideals of Indonesian Law Aswandi, Aswandi; Abunawas, Abunawas; Ismawati, Sri; Azizurrahman4, Hasyim; Hermansyah, Hermansyah
Al-'Adl Vol. 17 No. 2 (2024): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v17i2.8011

Abstract

Abstrak: Artikel ini menganalisis secara kritis kondisi penolakan terhadap rumusan penistaan agama yang disusun dan dimuat dalam ketentuan Undang-Undang Nomor 1 Tahun 2023 tentang Kitab Undang-Undang Hukum Pidana Indonesia. Artikel ini disusun secara sistematis dengan penelitian kualitatif dan menggunakan pendekatan penelitian yuridis normatif, yaitu pendekatan yang menggunakan konsepsi hukum positivis. Konsep ini memandang hukum identik dengan norma tertulis yang dibuat dan diumumkan oleh lembaga atau pejabat yang berwenang. Akibatnya, artikel ini menemukan bahwa faktor internal pihak yang menolak berkontribusi terhadap fenomena penolakan ketentuan penodaan agama terhadap konten yang terdapat dalam Undang-Undang Nomor 1 Tahun 2023 tentang KUHP.
Legal Protection of Women Migrant Workers: A Bibliometric Analysis Review Putro, Warsito Eko; Larasati, Endang Larasati; Wijayanto, Wijayanto; Yuwanto, Yuwanto; Ardiyansah, Ardiyansah
Al-'Adl Vol. 17 No. 2 (2024): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v17i2.8122

Abstract

The fourth Sustainable Development Goal (SDGs) is decent work and economic growth, which means that migrant workers around the world should have decent work and protection. In reality, there is no strong legal protection for migrant workers. Problems that arise against migrant workers such as more than 200 migrant workers who become domestic helpers in 18 countries are suspected of being victims of trafficking and exploitation of labour, prostitution or other forms of sexual exploitation, which means forced labour, slavery or similar practices, to the removal of organs. The method used in looking at the development of the phenomenon of migrant worker protection is carried out using the bibliometric analysis method. The software used is Vos Viewer (VOS) software. The results of this study provide knowledge and recommendations for readers and journal writers who can become references by adjusting the selected issues. This research highlights research trends on the Protection of Migrant Workers seen from the authors and journals that write the most about the phenomenon. The results of this study show that the writing of articles on the Protection of Migrant Workers fluctuates every year. The keywords that often appear in research on the Legal Protection of Migrant Workers are "Legal Protection", "Migrant Workers", "Indonesian Migrant Workers", "Human Rights" and "Trafficking". The government through international law needs to implement strong legal rules so that migrant workers get legal protection and a decent life.
Resolution Of Sharia Economic Disputes In Class 1 A Religious Court In Makassar Nurhaedah, Nurhaedah; Asriati, Asriati
Al-'Adl Vol. 17 No. 2 (2024): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v17i2.8391

Abstract

The research aims to analyze the effectiveness of the dispute resolution mechanism, identify the challenges faced, and evaluate its impact on the development of Islamic economics. The method used in this research is a qualitative approach that includes court decisions related to sharia economic disputes. The results of this study indicate that the development and comprehensive approach in handling economic disputes is very important, especially in sharia economic law approaches. However, sharia economic dispute cases have high complexity and caution in determining economic decisions, because the approaches have significant differences to economic dispute cases in general. The findings are expected to serve as a foundation for the development of more effective policies and practices in handling sharia economic disputes in the future. So that the resolution of economic disputes the ability of the judiciary to provide decisions objectively.
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 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 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.
Marriage Dispensation Dysfunction and Its Implementation in Efforts to Prevent Child Marriage Jasmin, Suriah Pebriyani; Asdar, Asdar; Mubarak, Fathul
Al-'Adl Vol. 17 No. 2 (2024): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v17i2.8598

Abstract

This study aims to describe the existence and role of marriage dipensation in preventing early marriage which has an impact on the problem of maternal mortality. This research is legal research using a statutory approach and a case approach, so that it can be said to be socio-legal research. The results of this study outline that: first, early marriage can be carried out if it obtains legality from 2 (two) authorized institutions, namely the religious court and the Office for the Empowerment and Protection of Women and Children (DP3A); second, marriage dispensation has an important role in marriage administration (recording), so that if you do not have marriage dispensation, administratively the marriage is not recognized by the state; third, marriage dispensation can be given to young women provided there is medical evidence from an expert doctor; fourth, that the community considers that the legality of a marriage is secondary and only administrative. Therefore, marriage dispensation should function and become a solution as a preventive measure to prevent early marriage which has an impact on the death of mothers and/or children.
Exploring Harmonization Challenges Between Islamic and Positive Law on Polygamy in Indonesia Bukido, Rosdalina; Makka, Misbahul Munir; Tumiwa, Anisa Jihan; Kolopita, Abdul Fajri
Al-'Adl Vol. 17 No. 2 (2024): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v17i2.8635

Abstract

The harmonization between Islamic law and positive law regarding polygamy in Indonesia presents significant legal and social challenges. This study aims to explore the complex interactions and conflicts between these legal systems using a structuralist epistemological approach. The research is conducted through an in-depth literature review that analyzes the intersections of Islamic doctrines and civil regulations, specifically focusing on how these structures influence the interpretation and implementation of polygamy-related laws. Findings reveal that while Islamic law allows polygamy under strict conditions, positive law imposes additional constraints to ensure fairness and protect the rights of all individuals involved. The study underscores a significant gap between the legal provisions and their practical enforcement, often influenced by cultural perceptions and social norms. Conclusively, the research suggests that achieving harmonization requires not only legal reforms but also cultural and educational efforts to address the disparities in polygamy's practice and regulation, aiming to uphold both religious traditions and human rights standards. The outcome emphasizes the necessity for a nuanced approach that considers both legal frameworks and the socio-cultural context of Indonesia
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 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.
Pertanggungjawaban Pidana Korporasi atas Pencemaran Radioaktif Cesium-137 Munjiyah, Amrina; Rismana, Daud; Ayunisa, Qurota; Nurul Huda, Muhammad; Nurkholisah, Siti; Nugroho, Afrizal Eko
Al-'Adl Vol. 18 No. 2 (2025): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The case of radioactive cesium-137 contamination in the modern industrial area of Cikande, Banten poses a serious threat to health and the environment and indicates a legal vacuum. This study aims to analyse the forms of corporate liability outside the nuclear industry based on the provisions of Law No. 32 of 2009 concerning Environmental Protection and Management (PPLH Law) and Law No. 10 of 1997 concerning Nuclear Energy. The research method used is normative juridical with a legislative and actual case approach. The results of the study show that even though the cesium-137 contamination did not originate from an official nuclear installation, non-nuclear corporations can still be held criminally liable based on the principle of strict liability in corporate liability theory. This study recommends reformulating the Nuclear Energy Law to cover non-nuclear industrial activities that have the potential to cause radiation hazards and to create relevant legislation that addresses the threat of radioactive contamination to the environment.
Internalisasi Hukum Islam dan KUHP Baru dalam Penanggulangan Tindak Pidana Perzinaan Ayunisa, Qurota; Rismana, Daud; Huda, Muhammad Nurul; Munjiyah, Amrina; Nurkholisah, Siti; Nugroho, Afrizal Eko
Al-'Adl Vol. 18 No. 2 (2025): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This article discusses the internalization of Islamic legal values ​​in efforts to overcome the crime of adultery, by highlighting the changes in the provisions of the adultery article in the old and new Criminal Codes in Indonesia. The Criminal Code only regulated adultery as sexual intercourse involving married parties, making it irrelevant to the moral values ​​of Indonesian society that uphold religious norms and morality. The National Criminal Code of 2023 expands the scope of adultery to include any sexual relationship outside of marriage, whether the perpetrators are married or not. In Islamic law, adultery is considered a major sin, with sanctions of flogging for ghairu muhsan and stoning for muhsan, and has serious social implications. This study uses a normative legal method with a statute approach and a conceptual approach, then analyzed descriptively and analytically. The novelty of this study lies in not only classifying adultery perpetrators as married and unmarried but also examining how Islamic legal values ​​contribute to the formation of the National Criminal Code. The research findings indicate that the National Criminal Code not only revises the adultery article but also internalizes Islamic legal values ​​into national criminal law, reflecting the Indonesian national identity based on Pancasila. Keywords: Adultery, National Criminal Code, Islamic Law, Internalization

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