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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
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Search results for , issue "Vol 10 No 1 (2025)" : 15 Documents clear
The Principle of Justice in Islamic and Civil Inheritance Law: Legal Disparities, Dispute Resolution, and Harmonization Laksmi, Dyah Ayu Vijaya
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.v10i1.8352

Abstract

The distribution of inheritance in Islamic and civil law is based on different legal principles, often leading to disputes among heirs. Islamic law applies the faraid system, which mandates a fixed and predetermined division based on Sharia provisions. In contrast, civil law prioritizes testamentary freedom, allowing heirs to determine inheritance distribution according to their will. These differences significantly impact justice for heirs and the mechanisms for dispute resolution. This study employs a qualitative approach using a comparative method, analyzing Islamic legal texts, statutory regulations, and scholarly literature related to inheritance law. The findings indicate that Islamic inheritance law emphasizes family deliberation (musyawarah) as a primary dispute resolution mechanism, whereas civil law often relies on litigation through courts. Consequently, harmonization efforts are necessary to bridge these legal disparities. This can be achieved by strengthening the role of religious courts, implementing sharia-based mediation, and updating regulations concerning grants and wills. This study suggests that justice in inheritance distribution can be better ensured by integrating a more flexible and adaptive legal framework while also providing greater legal certainty for all heirs. These findings contribute to the ongoing discourse on legal pluralism and inheritance dispute resolution, emphasizing the need for a more integrative and balanced legal approach in Indonesia.
Challenges in the Implementation of Intellectual Property Rights as Fiduciary Collateral in Indonesia Panjaitan, Haposan; Arifardahni, Yoyo; Samosir, Tetti
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.v10i1.8494

Abstract

Intellectual property rights (IPRs) refer to legal entitlements from intellectual and creative efforts, resulting in intangible assets. Copyright, as a specific form of IPR, is classified as an intangible movable property and is legally recognized as a potential object of fiduciary security in Indonesia. Despite regulatory developments—particularly Government Regulation No. 24 of 2022 concerning the creative economy—the practical implementation of IPR-based collateral remains constrained by the absence of standardized valuation mechanisms, institutional readiness, and legal certainty. This study employs a normative juridical method grounded in statutory and doctrinal analysis to examine the valuation framework of copyrights as fiduciary collateral and the legal role of public notaries and certified appraisers. The findings reveal that regulatory inconsistencies and the lack of operational guidelines inhibit financial institutions from accepting copyright as a credible collateral asset. Moreover, the role of notaries is pivotal in affirming ownership validity and ensuring the legal enforceability of fiduciary deeds involving intellectual property.
Legal Review of the Implementation of Human Rights in Handling Cases of Violence Against Women Nuroini, Indi; Putra, Rengga Kusuma; Sjuhudi, Ichsan; Miano, Muhammad Ryan Ramadhani; Dwiprigitaningtias, Indah
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.v10i1.8137

Abstract

Violence against women constitutes a violation of human rights and reflects entrenched structural gender inequality. In Indonesia, despite the existence of Law No. 23/2004 on the Elimination of Domestic Violence and the ratification of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), significant challenges persist in the implementation of legal protections. This study aims to evaluate the effectiveness of existing legal frameworks in addressing violence against women and to identify necessary regulatory reforms. Utilizing a normative juridical method with statutory and conceptual approaches, the study analyzes the alignment of national laws with international human rights standards. It also assesses policy implementation by examining court rulings, institutional reports, and empirical data on victim protection outcomes. The findings reveal pervasive gender bias in both regulatory provisions and law enforcement practices, which undermines victims’ access to justice. Key obstacles include the absence of a gender-sensitive legal perspective, inadequate protection mechanisms, and the limited capacity of law enforcement personnel. The study concludes that comprehensive legal reform, capacity building, and integrating a human rights-based approach are essential to establishing a more inclusive and effective legal protection system for women in Indonesia.
Cyber PPAT and Legal Certainty in Indonesia’s Electronic Land Certification System Muhayar, Muhayar; Deni, Fitra; Barus, Zulfadli
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.v10i1.8473

Abstract

The digitalization of land registration in Indonesia, particularly through electronic land certificates, reflects a major reform in legal and administrative governance. This study examines the evolving role of the Land Deed Official (PPAT) in ensuring legal certainty amid the transition from conventional to electronic land certification. Employing a normative-empirical legal approach and case study in Bekasi Regency, the research explores how PPAT adapts to digital platforms while maintaining legal compliance. Findings reveal that electronic certification enhances efficiency, transparency, and security. However, its implementation faces significant challenges, including fragmented data systems, inadequate infrastructure, limited digital literacy, and the absence of specific legal norms regulating PPAT’s digital responsibilities. To address this gap, the study introduces the concept of “Cyber PPAT”—a redefined legal actor equipped with both legal and digital competencies. This study contributes to the discourse on land administration reform by underscoring the need for harmonized regulations, improved infrastructure, and institutional readiness. It emphasizes that legal certainty in digital land governance depends not only on technology but on the strength of the legal framework and institutional trust supporting it.
Legal Protection of Notary Employees in the Judicial Process Against Forgery of Signatures of Confrontants on Authentic Deeds Aprianto, Aprianto; Tarsono, Edi; Satrio, Yoga
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.v10i1.7830

Abstract

Notaries are public officials authorized by law to draw up authentic deeds and are formally responsible for ensuring the accuracy of the parties' identities, the contents of the deed, and the signatures affixed. This study examines the legal protection available to notary staff who act as witnesses in the preparation of deeds, particularly in criminal proceedings involving forged signatures by parties appearing before the notary. Using a normative juridical method with a descriptive approach, the research analyzes secondary data obtained through document studies, including legislation, literature, and court decisions. The case analyzed is the Indonesian Supreme Court Decision No. 1209 K/Pid/2022, in which the notary was found guilty of initiating and participating in document forgery and sentenced to one year and six months of imprisonment. The findings indicate that notary staff who are not involved in the forgery are not subject to criminal liability. This research contributes to the discourse on legal accountability in notarial practice and emphasizes the importance of providing clearer legal safeguards for notary employees.

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