cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
irfan amir
Contact Email
irfanamir066@gmail.com
Phone
-
Journal Mail Official
aladalah@iain-bone.ac.id
Editorial Address
-
Location
Kab. bone,
Sulawesi selatan
INDONESIA
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 5 Documents
 1 
Search results for , issue "Vol 4, No 2 (2019)" : 5 Documents clear
KONSTITUSIONALITAS HAK ANGKET DEWAN PERWAKILAN RAKYAT (DPR) TERHADAP KOMISI PEMBERANTASAN KORUPSI (KPK) Ismail Aris; Irfan Amir; Septian Amrianto
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 4, No 2 (2019)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/ajmpi.v4i2.436

Abstract

The development of the state institutional theory requires that it no longer seals every State institution only to depend on 3 (three) branches of power as the teaching of the new separation of power theory. On the other hand, the decision of the Constitutional Court and the Revision of the KPK Law are placed as executive institutions. So it is debated whether the KPK is a subject that can be rounded up, because it is an executive institution or the KPK cannot be made a subject of questionnaire rights because of its position as an independent agency agency? This study aims to determine and analyze the authority of the DPR's questionnaire rights to the KPK and the constitutionality of the DPR's Questionnaire Rights to the KPK Perspectives on the revision of the KPK Law and Comparison in Various Countries. This type of research is the type of normative legal research. The approach used is the legislation approach and comparative law (comparison approach), the philosophical approach to the law (philosophical approach).The results of the study showed that the constitutionality of the DPR questionnaire rights was based on the original intent of the questionnaire right norm in a comprehensive draft amendment to the Basic Law, the questionnaire right was only aimed at state institutions of the executive family. In addition, Constitutional Court Decision No. 36-40 / PUU-XV / 2017, which categorizes the Corruption Eradication Commission as a group of executive institutions is in conflict with other Constitutional Court decisions, namely Decision of the Constitutional Court Number 012-016-019 / PUU-IV / 2006, 19 / PUU-V / 2007, 37-39 / PUU-VIII / 2010. 5 / PUU-IX / 2011, places the KPK as an independent agency and is categorized as faste jurisprudence (permanent jurisprudence). In addition, theoretically, the teaching of the new theory of separation of power teaches that it is no longer appropriate to place State institutions based only on 3 (three) branches of power. While the constitutionality of the DPR's questionnaire rights to the KPK Perspective of the revision of the KPK Law and Comparison in Various Countries is based on the results of research by researchers that the KPK's position in various countries is independent or dependent. For example, in South Africa, Zimbabwe, Egypt and Thailand. Likewise with the subject of state institutions that can be researched, there are no countries that address the right of questionnaires to these independent institutions. For example, the United States of America, Philippines, South Africa, all of whom address the questioning right of inquiry only as an executive state institution.
Perlindungan Hukum Terhadap Guru Dari Kriminalisasi Jumriani Nawawi
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 4, No 2 (2019)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/ajmpi.v4i2.395

Abstract

This study focused on how legal protection for teachers from criminalization. This study aims to determine the problem of criminalization of teachers which is still a problem in society. This type of research is normative juridical research. The research was conducted qualitatively based on library research. The results of the study indicate that legal protection of teachers from criminalization in a positive legal perspective has been realized with the existence of several rules that can be a legal umbrella for the teaching profession in carrying out their duties and obligations as educators. Criminalization of teachers in Indonesia occurs because of differences in perceptions of parents and the school, especially teachers as educators. Penalties that provide deterrent effects such as pinching, tweaking and other disciplinary actions are considered human rights violations based on the child protection law according to the perceptions of parents. While the teacher still considers the sanctions to be included in the education category. Criminalization of teachers raises an attitude of lack of confidence in teachers in educating so that in carrying out their duties the teacher is only a teacher not as an educator.Keywords: teacher; criminalization; protection.
PEMBINAAN ANAK DIDIK PEMASYARAKATAN BERORIENTASI REHABILITASI SOSIAL DI LEMBAGA PEMASYARAKATAN KELAS IIB MERAUKE Mulyadi Alrianto Tajuddin; leonardus Abung
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 4, No 2 (2019)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/ajmpi.v4i2.414

Abstract

The effectiveness in the existence of social rehabilitation for correctional students in Merauke Class IIB Correctional Institutions has not yet fully provided guidance in accordance with Law Number 12 of 1995 concerning Corrections because the Class IIB Correctional Institution of Merauke is a General Correctional Institution and Not a Special Penitentiary for Children. This study examines the formation of correctional students in Merauke Class IIB Correctional Institutions which are socially oriented and inhibiting factors in conducting social rehabilitation for correctional students in the Class IIB Correctional Institution of Merauke. This study uses an empirical juridical approach method with a qualitative analysis which then results are obtained that the social rehabilitation of the implementation of coaching in the Class IIB Correctional Institution of Merauke is carried out namely the fostering of religious awareness, fostering intellectual abilities (intelligence) and fostering legal awareness, However, social rehabilitation such as fostering national and state awareness, and guidance to interact with the community has not been carried out at the Merauke Class IIB Penitentiary so that social rehabilitation at the Merauke Class IIB Penitentiary has not been effective and there is also a lack of facilities and staff resources at the Class IIB Penitentiary Office in Merauke. There needs to be an increase in solutions to solutions or alternatives in the completion of social rehabilitation in the future will be achieved and carried out properly referring to Law No. 12 of 1995 concerning Corrections
PROBLEMATIKA ISBAT NIKAH POLIGAMI SIRRI Mukhtaruddin Bahrum
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 4, No 2 (2019)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/ajmpi.v4i2.434

Abstract

The law No. 1 of 1974 concerning marriages annunciates that the success of marriages conducted must be by their religion and beliefs, in addition to being valid and approved by the state, therefore marriages must be approved by those invited. However, in reality, some people deviate from marriage registration requirements. The cause is not only lack of people's awareness to register a marriage, also driven by the difficulty to obtain permission to do polygamy, thus those who want to do polygamy prefer sirri polygamy. The awareness of how important the marriage registration is will only arise if in the future there is an interest in dealing with the law. These things encourage someone to ask for marriage isbat upon the sirri polygamy in the Religious Court. Therefore, marriage isbat upon Sirri polygamy will cause positive and negative effects in its implementation. To discuss the positive and negative effects of sirri polygamy marriage, the researcher uses normative juridical research methods with qualitative descriptive research analysis. The results showed that from a positive perspective, marriage is required for Sirri marriage to get a Legal Guarantee (Article 6 Paragraph 2 KHI). Since with the stipulation of Sirri polygamy, candidates of Sirri polygamy have a basis to get a marriage book (Article 7 Paragraph 1 KHI). As a result, there is an increase regarding the social status in the community that was once Sirri has now become official. Besides, the changes occur in the status of children as well as rights in shared assets and inheritance before the law. While from the negative side, if the Sirri polygamy is granted and/or the marriage is accepted, it means those who has deviated the law are approved and justified. The indirect impact is the assertion of values that must be issued by the provisions regarding the requirements of polygamy. Therefore, based on SEMA No. 3 of 2018, the Supreme Court no longer gives the permission to ratify Sirri polygamy.
Menakar Tujuan Hukum dibalik Putusan MA No. 46 P/HUM/2018 Yang Pro Koruptor Nurlindah Nurlindah; A. Sugirman; Rosita Rosita
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 4, No 2 (2019)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/ajmpi.v4i2.412

Abstract

In welcoming 2019 concurrent general elections, the General Election Commission issued PKPU No. 20 of 2018, one of which banned former convicts of corruption from becoming legislative candidates on the grounds that corruption is an extraordinary offense that is commonly practiced by legislators both individually and in congregation. The regulation is stated in Article 4 paragraph (3) PKPU No. 20 of 2018 concerning Nominations for Members of DPR, Provincial DPRD and Regency / City DPRD. However, the regulation was canceled with the issuance of Supreme Court decision No. 46 P / HUM / 2018. Based on this, the limitation of the problem of this research is how to measure the aspects of the legal objectives behind the decision No. 46 P / HUM / 2018 which are more pro-corrupt so that they can understand the judge's decidendi ratio in canceling the prohibition of ex-convicts from becoming legislators. This type of research is normative legal research with a statutory approach and conceptual approach. The theoretical basis in the presentation of research results is the theory of legal goals by Gustav Radbruch namely justice, certainty and usefulness which is compared with Islamic law. The results of this study indicate that the Supreme Court's consideration overturned PKPU No. 20 of 2018 because it is considered contrary to Article 240 of Law No. 7 of 2017 concerning General Elections and Article 12 of Law No. 12 of 2011 concerning Formation of Laws and Regulations. The Supreme Court's considerations in the a quo ruling contain the three legal objectives. However, it is more inclined to legal certainty, so it does not reflect the value of justice that lives in the community. The cause of not achieving the values of justice that live in the community in the a quo decision is because the basis for testing the regulation is Law No. 7 of 2017 concerning General Elections does not prohibit such matters, even though the nomination rules on the executive body namely the President and Vice President require that they do not have a bad track record. Likewise when viewed from Islamic law which requires legislative candidates called ahlul ahli wal aqdi must have a fair way which means having integrity and a good image in the society.

Page 1 of 1 | Total Record : 5

 1 

Filter by Year

2019 2019


Reset
Filter By Issues
All Issue Volume 10 No.2 2025 Vol 10 No 1 (2025) Vol 9 No 2 (2024) Vol, 9 No. 1 2024 Vol 8, No 2 (2023) Vol 8, No 1 (2023) Vol 8 No 1 (2023) Vol 7, No 2 (2022) Vol 7, No 1 (2022) Vol 6, No 2 (2021) Vol 6, No 1 (2021) Vol 5, No 2 (2020) Vol 5, No 1 (2020) Vol 4, No 2 (2019) Vol 4, No 1 (2019) Vol 3, No 2 (2018) Vol 3, No 1 (2018) More Issue