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Al-Adalah: Jurnal Hukum dan Politik Islam
Published by Institut Agama Islam Negeri Bone
ISSN : 24068802     EISSN : 2685550X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Al-Adalah : Jurnal Hukum dan Politik Islam is an academic journal for Legal Studies published by Study Program of Constitutional Law, Shariah and Islamic Law Faculty, Islamic State Institute of Religion (IAIN) Bone, Indonesia. Al-Adalah: Jurnal Hukum dan Politik Islam contains several researches and reviews on selected disciplines within several branches of Legal Studies (Sociology of Law, History of Law, Comparative Law, etc.). In addition, Al-Adalah; Jurnal Hukum dan Politik Islam also covers multiple studies on law in a broader sense. This journal is periodically published (in January and Juli) and the approved and ready-to-publish manuscripts will also be regularly published in the website (with early view) and the hardcopy version will be circulated at the end of every period.
Arjuna Subject : -
Articles 15 Documents
 1   2 
Search results for , issue "Vol 10 No 1 (2025)" : 15 Documents clear
Effectiveness of Law Enforcement on Narcotics Crimes through Synchronization of Authority Between the National Narcotics Agency (BNN) and the Indonesian National Police Hepni, Aswari
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 10 No 1 (2025)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v10i1.7780

Abstract

Drug trafficking in Indonesia is a serious issue that requires special attention from the government and law enforcement officials. Efforts to eradicate drugs are carried out by the National Police of the Republic of Indonesia and the National Narcotics Agency, which collaborates with relevant agencies within the country and with international institutions. This article discusses the synchronization of authority between  National Narcotics Agency and Indonesian National Police in investigating narcotics crimes. This research uses normative legal methods with a conceptual and statutory approach. Synchronizing the investigation of narcotics crimes between the BNN and the National Police from the perspective of legal certainty in Indonesia is a strategy that aims to increase the effectiveness of law enforcement for narcotics crimes, while reducing the potential for conflict between the National Police and the BNN
International Legal Responses To Iran’s Nuclear Ambitions and Human Rights Violations: A Study Of Economic Sanctions Fajar, Rizky Nur; Sutrisno, Andri
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 10 No 1 (2025)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v10i1.7432

Abstract

This study analyzes the international legal response to Iran's nuclear ambitions and human rights violations, focusing on the economic sanctions imposed by the United Nations, the United States, and the European Union. The research raises a key question about the effectiveness of sanctions in halting Iran's nuclear program and their impact on human rights violations. Using a qualitative research approach and doctrinal legal analysis of international resolutions, treaties, and reports, the study assesses the consequences of these sanctions. The findings indicate that, although the sanctions have had a significant impact on Iran's economy, leading to a decline in foreign investment and GDP, they have not been effective in limiting Iran's nuclear efforts. Moreover, the sanctions have worsened human rights violations, particularly related to food security, healthcare, and political repression. The study concludes that sanctions alone have limitations in encouraging compliance, and therefore a more integrated approach is needed, involving diplomacy, multilateral engagement, and more targeted sanctions to address both nuclear and human rights issues
Strengthening Presidential Institutions in Indonesia: A Policy Analysis for Governance Reform Mukhlis, Muhammad Mutawalli; Lohalo, Georges Olemanu; Imširović, Mirela; Balebo, Piaget Mpoto
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 10 No 1 (2025)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v10i1.7571

Abstract

This study examines the urgency of strengthening Indonesia's presidential institution to enhance governance and adapt to contemporary challenges. The research aims to assess the institution's capacity to ensure political stability, promote democratic values, and address corruption and centralization of power. Utilizing mixed methods, the study combines surveys, in-depth interviews, and direct observation, supported by thematic and statistical analysis. Key findings indicate that improving inter-institutional collaboration, adopting innovative decision-making strategies, and leveraging technology for transparency are crucial for addressing governance challenges. The study concludes that reforms in legal frameworks and accountability mechanisms are vital for enhancing public trust and institutional responsiveness. These findings provide actionable insights for policymakers to advance democratic governance and institutional resilience
The Use Of Forensic Linguistics In Assessing The Truth Of The Accused's And Witnesses' Perspective Maqāṣid As-Syar'iyyah Amaliah, Rizky; Zulkarnain, Zulkarnain
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 10 No 1 (2025)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v10i1.7472

Abstract

The goal of law in Islam is to achieve the welfare of humanity. One of the ways to support the realization of justice is the use of forensic linguistics to assess the truth of testimony from defendants and witnesses in court. However, Indonesian legislation does not yet mandate the use of forensic linguistics in criminal cases. This study aims to analyze the application of maqāṣid as-syar'iyyah in the use of forensic linguistics to assess the truth of testimony from defendants and witnesses. This is a normative legal research with a qualitative approach, focusing on primary data from the Indonesian Penal Code (KUHP) and court decisions that apply forensic linguistics methods. Data analysis was conducted using deductive reasoning based on the theory of maqāṣid as-syar'iyyah. The findings show that the use of forensic linguistics to assess the truth of testimony from defendants and witnesses in criminal cases is part of the maslahat dharuriyyat. In particular, cases related to religion, murder, and corruption are crucial areas of maslahat dharuriyyat. Therefore, the presence of linguistic expert witnesses in court proceedings is an inevitability to ensure true justice.
Criminal Sanctions for Perpetrators of Defamation: An Islamic Criminal Law Perspective Azhari, Ninti; Ramadani, Ramadani
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 10 No 1 (2025)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v10i1.8292

Abstract

This study explores criminal sanctions for defamation offenders from the Islamic criminal law perspective, focusing on applying maqāṣid al-sharī‘ah as a normative foundation. The objective is to compare the restorative justice-oriented approach of Islamic criminal law with Indonesia's positive law, particularly the Electronic Information and Transactions Law (UU ITE), which regulates defamation in the digital era. Using a normative juridical method, the research analyzes primary and secondary legal sources to extract relevant principles. The findings reveal that Islamic criminal law employs ta'zir sanctions, which are flexible and oriented toward restoring social harmony, contrasting with the retributive approach of Indonesia's positive law that often leads to legal uncertainty and risks to freedom of expression. Moreover, Islamic criminal law offers mediation and reconciliation-based solutions to mitigate the social impact of defamation. This study suggests integrating the principles of maqāṣid al-sharī‘ah into Indonesia's positive legal framework to create more just and balanced regulations. These findings are relevant for policymakers in addressing legal challenges in the digital era and encourage the development of more inclusive approaches to defamation cases.
Food Security and Consumer Protection: An Analysis of Sanctions on the Sale of Expired Food Products from the Perspective of Islamic Criminal Law and Positive Law in Indonesia Prasetiyo, Yogi; Yazid, Imam
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 10 No 1 (2025)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v10i1.8374

Abstract

The Sale of Expired Food Products: A Serious Violation That Poses Risks to Consumers' Physical and Psychological Health. This study aims to analyze the sanctions on selling expired food products from the perspective of Islamic Criminal Law and Law No. 8 of 1999 on Consumer Protection. Using a normative research method and comparative analysis, the study finds that Islamic Criminal Law emphasizes the moral aspect, such as the prohibition against causing harm to others (la darbar wa la dinar), with penalties adjusted according to intent and the impact of the violation, such as visas, diyat, or ta'zir. On the other hand, Law No. 8 of 1999 emphasizes legal certainty through criminal sanctions to protect consumers. The study highlights the similarities between the two legal systems in consumer protection but also notes the differing approaches, with Islamic Criminal Law focusing more on moral responsibility. At the same time, positive law emphasizes a deterrent effect legally. This research is expected to contribute to improving consumer protection regulations that are more comprehensive and just
Modernization and Tradition: Kutai Kartanegara Government's Legal Policy in Maintaining the Existence of Erau Culture in the Era of Revolution 4.0 Taufiq, Muhammad; Tri Sukma, Ayu Mega; Suparno, Achmad Suparno; Yulianingrum, Aullia Vivi
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 10 No 1 (2025)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v10i1.6219

Abstract

In the Industrial Revolution 4.0 era, technological advancements present challenges and opportunities for preserving local wisdom. This study examines the sustainability of the Erau tradition in Kutai Kartanegara, which faces pressures from modernization. Using a normative legal approach and library research methods, this research explores the intersection of law, local wisdom, and digital transformation in cultural preservation. The findings highlight that while modernization may threaten cultural authenticity, strategic digitalization and legal protection can safeguard traditions from excessive commercialization. Government regulations, including regional policies on cultural preservation, play a crucial role in balancing industrial development with cultural sustainability. Furthermore, public awareness and active community engagement are essential in integrating traditional values with contemporary technological frameworks. By emphasizing the role of legal frameworks and digital innovation, this study provides strategic insights for policymakers in fostering a sustainable cultural heritage amidst globalization.
Fatwa Communication Literacy Related to The Law of Boycotting Pro-Israel Product Transactions in Indonesia Islamy, Athoillah; Ubaidillah, Ubaidillah; Ariyadi, Ariyadi; Abduh, Muhammad
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 10 No 1 (2025)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v10i1.8485

Abstract

The movement to boycott pro-Israel products as a form of condemnation of Israel's aggression against Palestine demands the attention of all elements of society, government and religious leaders in various countries, including in Indonesia. This qualitative study with a content analysis approach aims to identify the construction of mass communication functions in the fatwa of the Majelis Ulama Indonesia (MUI) Number 83 of 2023 related to the boycott of pro-Israel products. The mass communication function theory constructed by Harold Lasswell became the foundation of the perspective. This study found the construction of mass communication functions in the MUI's fatwa literacy related to the boycott of pro-Israel products, including the function of environmental monitoring related to various events, such as Israeli aggression against Palestine which received financial assistance from various pro-Israel companies, and public questions from Muslims regarding the law of supporting the Palestinian cause. Then, the function of social correlation, such as the appeal for Muslims to do philanthropy for humanitarian solidarity for the struggle of the Palestinian people, and avoid using various pro-Israel products. Furthermore, the function of social transmission is in the form of MUI's role in disseminating Islamic legal norms that can guide Muslims in responding to the boycott movement of Israeli products. This study confirms the importance of constructing a holistic mass communication function involving the synergy of the roles of the community, religious leaders, and the government in disseminating fatwa literacy related to social religious problems, such as the fatwa related to the boycott of pro-Israel products. The focus, perspective and implications of the findings of this study are also novelty to the findings of previous studies which generally focus more on the formal legal aspects related to fatwas related to the boycott of pro-Israel products. However, this study does not examine the economic impact on Muslims in Indonesia of the MUI fatwa related to the boycott.
Copyright Infringement in Online Media: Corporate Legal Liability Maha Wiryanthi, Ni Putu Ega
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 10 No 1 (2025)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v10i1.7681

Abstract

This study examines the legal responsibilities of online media companies in addressing copyright violations, focusing on regulatory frameworks, technological implementations, and enforcement challenges. Using a normative juridical approach, this research analyzes Indonesia’s Copyright Law No. 28 of 2014, the DMCA, and the EU Copyright Directive. It also includes comparative case studies such as Viacom vs. YouTube (2007), Google Books Litigation (2015), and TikTok Copyright Infringement (2021) to assess evolving legal frameworks and platform liability in managing user-generated content (UGC).Findings reveal that while platforms employ AI-powered Content ID, automated filtering, and blockchain copyright management, these technologies face false positives, jurisdictional enforcement difficulties, and takedown notice transparency issues. The cross-border nature of the internet complicates legal enforcement, necessitating global cooperation and harmonized copyright policies. A multifaceted approach is needed, integrating technological innovation, stronger regulations, and stakeholder collaboration. Enhancing cross-border legal cooperation and content moderation policies is vital to balancing copyright enforcement with freedom of expression. Collaboration among digital platforms, governments, and industry stakeholders is key to ensuring a sustainable and legally balanced digital ecosystem for copyright protection and creative industry growth
The Efforts to Decriminalize Article 549 of the Indonesian Criminal Code from the Perspective of Islamic Criminal Law Firmansyah, Puji; Ramadani, Ramadani
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 10 No 1 (2025)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v10i1.8236

Abstract

This study examines the decriminalization of Article 549 of the Indonesian Penal Code (KUHP) from the perspective of Islamic criminal law, focusing on livestock negligence in Sukadame Village, Silangkitang District, South Labuhan Batu Regency. The issue arises from unconfined livestock damaging private land, leading to legal disputes and calls for regulatory reform. This research aims to analyze the necessity of decriminalizing Article 549 KUHP by evaluating its application in local cases and comparing the legal framework of positive law and Islamic law regarding livestock negligence. A qualitative approach with an empirical juridical method was employed, collecting data through interviews with legal practitioners, community leaders, and affected parties, alongside document analysis. The findings indicate that decriminalizing Article 549 KUHP requires legal reform to ensure alignment with current socio-economic conditions. However, prior to implementation, community engagement is crucial to prevent legal uncertainty and unintended consequences. The study suggests that legal adjustments should balance societal needs and legal enforceability, ensuring fairness while maintaining public order. These findings contribute to ongoing discussions on legal reform in Indonesia, particularly in harmonizing statutory law with Islamic legal principles.

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