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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 311 Documents
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Digital Self-Enslavement: The Implications of the Internet of Things for Cyber Law Reform in the Society 5.0 Era within the Framework of Maqashid al-Sharia Lbn Batu, Dewi Pika; Siahaan, Parlaungan Gabriel; Taufiq Ramadhan; Pinem, Windawati; Maulana Ibrahim; Sitorus, Gita Oktaviani
Al-'Adl Vol. 19 No. 02 (2026): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

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This study investigates the emerging phenomenon of "digital self-slavery" (perbudakan diri digital) within Indonesia's Society 5.0 landscape, focusing on the TikTok live-streaming ecosystem as a site of voluntary self-exploitation mediated by algorithmic systems. Employing a mixed-method approach combining an online survey of 304 respondents with qualitative essay analysis and social media observation this research identifies a critical gap in existing digital slavery literature, which predominantly addresses externally coerced exploitation while neglecting voluntary self-exploitation through digital platforms. Drawing on the Modern Slavery Wheel theory, the digital labor exploitation framework, and the Islamic jurisprudential concept of maqashid al-syariah, this article introduces "self-slavery" as a distinct analytical category separating it from conventional modern slavery. Empirical findings reveal that 85.5% of respondents—predominantly Generation Z—classified online gift-begging behavior as technology-disguised slavery, directly refuting the prevailing social stigma of generational digital apathy. Additionally, 33.2% reported experiencing algorithmic pressure to follow social media trends, and 73.3% expressed support for cyber law reform. From the Islamic legal perspective, this practice constitutes violations of hifzh al-'irdh (preservation of honor) and hifzh al-nafs (preservation of the self), rendering it inconsistent with the objectives of Islamic law. The study concludes that Indonesia's current cyber law framework—including the ITE Law and Presidential Regulation No. 47 of 2023—is structurally insufficient to address nuanced forms of digital self-exploitation, and proposes a reform agenda grounded in both positive law and Islamic normative principles.
Equality Before the Law and Distributive Justice in Indonesia’s Private-to-State University Conversion As Ari AM, Muhammad; Irabiah, Irabiah; Haerani, Yeny; Sari, Patma; Rosnida, Rosnida; Aksan Akbar, Muhamad; Suswanto, Beni
Al-'Adl Vol. 19 No. 02 (2026): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

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Equality before the law is a foundational principle of any state based on law, requiring that all citizens be treated equally without discrimination; in Indonesia it is constitutionally guaranteed by Article 27 paragraph (1) of the 1945 Constitution. Its realisation nevertheless remains contested where policy produces uneven outcomes for parties in comparable positions. This article examines the 2014 policy converting several private universities (PTS) into new state universities (PTN-B), under which the government recruited external candidates for appointment as state civil apparatus (ASN) while long-serving lecturers and education personnel who had built and sustained the converted institutions were excluded from equivalent treatment. Employing a normative legal method that integrates a statute approach, a conceptual approach, and a case approach centred on Universitas Sembilanbelas November Kolaka, the study analyses the relevant constitutional provisions, the State Civil Apparatus Law, employment legislation, and comparative acquired-rights instruments through grammatical, systematic, and teleological interpretation. The analysis finds a significant gap between the normative guarantee of equality and administrative practice. Excluding long-serving personnel from ASN appointment while recruiting external candidates violates both substantive legal equality and distributive justice, because procedural legality does not by itself secure a just distribution of rights and opportunities. Measured against the Rawlsian difference principle, the Aristotelian principle of proportionality, and Stahl’s protective conception of the rechtsstaat, the policy privileges formal certainty over substantive justice. The study recommends reformulating ASN appointment policy and enacting explicit transitional-justice provisions so that institutional transformation upholds rather than erodes equality before the law.
Distributive Justice in the Qur'an: A Thematic Analysis of Wealth Verses and Their Implications for Contemporary Islamic Economic Law Muhayati, Muhammad Zulfi Hamdi; Ashari, Muhammad Pais; Fitri, Amiril Ahmad
Al-'Adl Vol. 19 No. 02 (2026): Al-'Adl
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Persistent wealth inequality in modern economic systems has renewed scholarly interest in alternative distributive frameworks. This study examines the Qur'anic concept of wealth distribution and its relevance to the formulation of Islamic economic law, using maqāṣid al-sharī'ah as an interpretive lens. Employing a qualitative-normative approach and the thematic (mawḍū'ī) method of tafsīr, it analyzes selected verses through classical and contemporary commentaries (al-Marāghī, al-Manār, al-Qurṭubī, al-Munīr) read alongside contemporary Islamic economic scholarship. The findings show that the Qur'an establishes an integrated distributive framework — zakat, infāq, ṣadaqah, waqf, and the prohibition of ribā — functioning simultaneously as spiritual obligation and socio-legal instrument against wealth concentration. A comparative legal analysis further shows that although these principles are partially codified in Indonesian legislation (Law No. 23/2011 on Zakat Management; Law No. 21/2008 on Islamic Banking), institutional and regulatory gaps continue to constrain effective implementation, particularly regarding enforcement mechanisms and the continued coexistence of conventional and sharia-compliant finance. The study's contribution lies in systematically connecting Qur'anic distributive ethics to positive law through explicit legal-textual analysis rather than descriptive juxtaposition. The analysis is confined to normative-doctrinal methods and does not assess institutional effectiveness empirically; future socio-legal and empirical research is recommended.
An Analytical Study Of The Maqāṣid Al-Mukallaf Perspective On The Use Of Stem Cells For Beauty Enhancement Mutmainnah, Iin Mutmainnah
Al-'Adl Vol. 19 No. 02 (2026): Al-'Adl
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This study examines the use of stem cells for aesthetic purposes through the lens of maqashid al-mukallaf, which emphasizes the moral and legal responsibility of Muslims within the framework of maqashid al-shari‘ah. This research employs a qualitative, normative-theological, and maqashidi approach. The findings indicate that stem cell applications for cosmetic enhancement are permissible when aimed at restoring natural bodily functions and derived from lawful sources. However, using stem cells merely to alter God’s creation or for excessive beautification contradicts the objectives of Sharia. The study highlights the moral awareness required of the mukallaf to balance medical benefit with ethical restraint under Islamic law.
Beyond Legislative Ceremony: Fathi Osman’s Shura and the Meaningful Participation Mandate in Indonesian Lawmaking Hantoro, Bimo Fajar
Al-'Adl Vol. 19 No. 02 (2026): Al-'Adl
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This paper aims to analyze the meaningful participation mandate in lawmaking, especially its codification in Law 13/2022, within the framework of Fathi Osman’s conception of shura. Employing doctrinal legal method with statutory and conceptual approaches, this paper presents a novel conceptual parallel. The findings demonstrate that the three pillars of the meaningful participation mandate, including the right to be heard, the right to be considered, and the right to be explained, are the direct legal-procedural operationalization of shura’s core substantive principles of mandatory consultation, binding deliberation, and effective, non-ceremonial participation. However, Law 13/2022 constitutes a half-hearted codification effort of the mandate. This is most evident in its framing of the pivotal right to be explained as a discretionary exercise for lawmakers rather than an obligatory one. This flaw severs public accountability, renders participation merely ceremonial, and robs public input of its substantive deliberative power. This substantive failure not only contravenes the meaningful participation mandate, but also the shura obligation, making the process incapable of achieving its ultimate goal of maslaha. This paper concludes by proposing specific amendments to Law 13/2022, making the right to be explained mandatory and strengthening the right to be heard by requiring explanatory statements to ensure public intelligibility, not just legal access.
Digitalization of Marriage Dispensation Assistance: Innovating Judicial Deliberation Under Supreme Court Regulation 5/2019 Fadhli, Ashabul; Warman, Arifki Budia; Rahmi, Fathur
Al-'Adl Vol. 19 No. 02 (2026): Al-'Adl
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This study examines the optimization of the Family Learning Center (PUSPAGA) in Bukittinggi City in assistance marriage dispensation applicants, as mandated by Supreme Court Regulation (PERMA) No. 5 of 2019. There is a prevailing tendency for recommendation letters submitted by applicants to Religious Courts are still at the formality level, without ensuring whether the mentoring process has actually been carried out substantially. This condition will become even more complicated when it is found that the applicant cannot attend regular assistance due to geographical conditions. This qualitative study, utilizing a socio-legal (juridical-empirical) approach, performs an in-depth case study on the electronic assistance process in Case Number 400.113/DP3APPKB-PHA/2025. Data were gathered through semi-structured interviews with PUSPAGA counselors and observations regarding the effectiveness of electronic media as a assistance instrument. The findings reveal that the utilization of electronic media—prompted by the applicants' geographical problems— meets the standards of Article 15, Point (d) of PERMA No. 5 of 2019 concerning the involvement of out-of-court institutions in providing assistance. This evidence proves that electronic assistance is not merely a technical solution but a valid innovation and instrument for providing substantive deliberation for judges in deciding cases. This innovation offers a new model for strengthening public services in the family law sector that is more inclusive and accessible without compromising the quality of the child's readiness assessment
Bridging Indigenous Knowledge and Islamic Environmental Ethics: Empirical Evidence from Customary Law and Sustainable Practices in Rural Indonesia Hanafi, Syawaluddin
Al-'Adl Vol. 19 No. 02 (2026): Al-'Adl
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This article aims to analyze local wisdom as a foundation for ecotheology through theoretical and empirical examinations of the customary law of Tompo Bulu Village. The research is grounded in the phenomenon of a tree-planting tradition institutionalized within customary norms and village regulations, and consistently practiced by the community at every moment of birth and marriage. The study employs a qualitative method using a socio-legal and interdisciplinary perspective that integrates the theories of environmental maqāṣid, ecological justice, and Islamic ecotheology. Data were collected through observation, interviews, and analysis of customary legal documents as well as village regulations. The findings indicate that the tree-planting tradition functions not only as an environmental conservation practice but also as a normative mechanism that internalizes the values of tawḥīd (divine unity), amānah (trust), and human responsibility as khalīfah (stewards). This practice contributes to the maintenance of ecological functions, food security, and the sustainability of resources for future generations. Furthermore, the customary law of Tompo Bulu reflects principles of ecological justice through the distribution of conservation responsibilities, recognition of local knowledge, and protection of intergenerational rights. These findings affirm that the integration of local wisdom, environmental maqāṣid, and Islamic ecotheology can serve as a model for environmental governance that is contextual, participatory, and sustainable. Therefore, strengthening customary law grounded in ecological spirituality holds strategic relevance for sustainable development and the advancement of environmental law in Indonesia.
Implementasi UU ITE terhadap Pelaku Perjudian Online di Bukittinggi: Analisis Siyasah Tanfidziyah (Studi Kasus Polresta Bukittinggi) Hengki Januardi; Irfan Perdana Putra; Ramza Fatria Maulana; Aisyah Chairil; Hasanatul Wahida
Al-'Adl Vol. 19 No. 02 (2026): Al-'Adl
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The background of this research is motivated by the rise of cybercrime, particularly the increasingly alarming practice of online gambling in Bukittinggi City, along with the rapid development of social media and digitalization of information. The main issues raised in this study are how the implementation of Law Number 1 of 2024 concerning Electronic Information and Transactions (ITE) addresses online gambling in Bukittinggi and how its execution is reviewed from the perspective of siyasah tanfidziyah. The novelty of the research lies in the implementative analysis of the ITE Law through a siyasah approach in the context of local law enforcement. This study employs a qualitative method with a field approach, where data were collected through interviews, observation, and documentation, focusing on the Bukittinggi Police Resort (Polresta Bukittinggi). The results show that the implementation of the ITE Law in Bukittinggi is a progressive step in strengthening digital protection, although it still faces institutional obstacles, human resource limitations, and weak cross-sector coordination. From the perspective of siyasah tanfidziyah, law enforcement demonstrates an orientation toward public welfare through governance and institutional synergy based on Islamic justice values
Akuntabilitas Perdata Triadik BPJS, Rumah Sakit, dan Pasien dalam Penyelesaian Pending Klaim Jaminan Kesehatan Nasional Khalid, Hasabuddin; Adha Hamzah, Yuli; Ikhtiari, Athifa
Al-'Adl Vol. 19 No. 02 (2026): Al-'Adl
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The phenomenon of pending claims in the National Health Insurance (JKN) system has been widely studied from administrative and health management perspectives. However, no study has systematically examined the civil law accountability structure within the triadic legal relationship among BPJS Kesehatan, hospitals, and patients—particularly in terms of contractual default (wanprestasi) and civil liability for unlawful acts (perbuatan melawan hukum/PMH). This normative legal study employs a statute approach and a conceptual approach, analysing primary legal materials including the Indonesian Civil Code (KUHPerdata), Law No. 40 of 2004 on the National Social Security System, Law No. 44 of 2009 on Hospitals, Law No. 17 of 2023 on Health, and Presidential Regulation No. 59 of 2024 on the JKN Program. The study finds that pending claims constitute a contractual vulnerability that may escalate into wanprestasi by BPJS when hospitals have submitted complete documentation yet payment is delayed beyond the 15-working-day statutory limit. Conversely, hospitals may be liable for wanprestasi when administrative non-compliance triggers claim suspension. Moreover, should service quality deteriorate as a consequence of pending claims, hospitals remain independently liable to patients under Article 1365 of KUHPerdata, irrespective of the underlying contractual dispute with BPJS. The novelty of this study lies in constructing a hierarchical triadic civil liability framework and in identifying four critical contractual gaps in the existing JKN cooperation agreement that perpetuate recurring civil disputes. These findings contribute to the reformulation of JKN contractual architecture toward a more equitable, transparent, and patient-protective legal framework.
Interfaith Marriage in the Perspective of Maqasid al-Sharia'ah: Normative-Empirical Study of Interfaith Marriage Practices in the Tolaki Society sulaemang, sulaemang; Sukardi, Akhmad; Nasruddin, Nasruddin
Al-'Adl Vol. 18 No. 1 (2025): Al-'Adl
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Interfaith marriage in Indonesia's Muslim community is a phenomenon that continues despite the Qur'an explicitly prohibiting it. Previous studies have generally been normative-doctrinal without any empirical data, and there have been no studies that have analyzed this phenomenon in the Tolaki community through the framework of maqasid al-shari'ah. Using an interdisciplinary normative-empirical qualitative approach, this study identified 14 interfaith couples in three villages in Wolasi District, South Konawe Regency. The findings show that this phenomenon is a product of structural inconsistency between Islamic law, the Kalo Sara customary value system, and the positive law of the state. The maqasid analysis identified threats to hifz al-din through the case of riddah, to hifz al-nasl through the uncertainty of the child's religious identity, and to hifz al-nafs through chronic value conflicts. The novelty of this research lies in the disclosure of the epistemic tension between Kalo Sara and Islamic norms, as well as in the offer of a maqasid-based reformative framework for strengthening marriage governance in pluralistic Muslim communities.

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