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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 5 Documents
 1 
Search results for , issue "Vol 5, No 1 (2020)" : 5 Documents clear
Hukuman Kebiri Kimia Bagi Pelaku Kekerasan Seksual Terhadap Anak Perspektif Fiqh Siyasah Lukman Arake
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 5, No 1 (2020)
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.v5i1.676

Abstract

Responding to the high number of sexual violence against children, President Jokowi enacted the Regulation of Child Protection which in regulated chemical castration punishment as an additional penalty for perpetrators of sexual violence. However, a few years after the enactment, case of sexual violence against children remained high, but in fact there were no perpetrators of sexual violence that were castrated with chemicals. Because, the competence to do the castration chemistry  by profession of doctor, but the Indonesian Doctors Association (IDI) refused to become the executor of castration chemistry, for reason of  a humanity and violate a medical oath. Based on it, a chemical castration  need to be explored in the perspective of Fiqh Siyasah. This research is a socioyuridical study, which relies on qualitative data, so to describe the castration  punishment in Siyasah Fiqh perspective, the author used two approaches, that was  the statutory approach and conceptual approach. The result of the research show that, normalizing chemical castration as an additional type of penalty for perpetrators of sexual violence is based on the consideration that (i) sexual violence against children is a very dangerous crime because this crime did not appear to the surface, (ii) made many victims accompanied with a long trauma, (iii) can even encourage victims to do suicide. (iv) In another, the perpetrators were not only Indonesian citizen, but foreigner who came to Indonesia in the guise of tourists and had a desire to look for a victim. However, out of these consideration, in the perspective of fiqh siyasah, based on the agreement of the cleric the application of chemical castration to perpetrator of sexual violence is unlawful. But the perpetrator can be convited to death, if the act is done repeatedly.
Analisis Perkawinan Paksa Sebagai Tindak Pidana Kekerasan Seksual Dalam Rancangan Undang-Undang Penghapusan Kekerasan Seksual PKS M Mohsi
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 5, No 1 (2020)
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.v5i1.578

Abstract

Marriage guardian is the most important element in marriage, its existence determines the validity of a marriage. In classical fiqh, the type of marriage guardian has been constructed to be the guardian of mujbir and the guardian of ghairu mujbir. Axiologically, wali mujbir is positioned as a person who can marry his daughter with a very high legality, of course with certain conditions, not merely coercion (ikrah). However, in its implementation, the position of the guardian mujbir is very strong without any limitation of motion, may even force the will in the matter of marrying his child, even though the child does not approve of it. The PKS Bill, which was once a subject of discussion, included the imposition of marriage in the article on sexual violence and bring up a disagreement in the socoiety. This article was a qualitatif research which is using two aproach that are conseptual approach and statute approach. The result show through the observer's observations, it was in an effort to straighten out a distorted understanding of the guardianship rights of the guardian mujbir that had been patented by some social constructs in Indonesia.
Deparpolisasi Keanggotaan Dewan Perwakilan Daerah (Tela'ah Atas Hasrat Partai Politik Dalam Mengokupasi DPD) Kiki Wulandari; Putri Apriani; Zulkifly Zulkifly; Irfan Amir
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 5, No 1 (2020)
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.v5i1.510

Abstract

The beginning of filling the first period of DPD seats (2004-2009) required that the candidate for the DPD members were not an administrator of political parties within a minimum period of four years that calculated until the date of nominating candidates. However, along with the political power struggling in parliament, this requirement then removed in the requirements for the next period of DPD membership. The implication, after being elected as DPD members, the senators forget about their constituent and choose to join certain political parties, the impact of the DPD that they were not focus anymore to fight for the local aspirations of their region, in otherwise they tend to fight for the interests of their political groups/parties. To understand and examine above the problem, the authors conducted normative legal research, with two research approaches namely the statute approach and the conceptual approach. The results showed that the constitutionality of the nomination of DPD members from political parties is the desire of political parties to occupy the DPD which is it cannot be justified, with the following arguments; (i) deny the Original Intent of DPD formation, (ii) The concept of bicameralism requires that there are differences in ingredients between the DPR and DPD so that there is no double representation.
Menjerat Kader, Melepas Partai Politik; Pertanggungjawaban Pidana Partai Politik Dalam Kasus Tindak Pidana Korupsi Zulkifli Aspan; Wiwin Suwandi
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 5, No 1 (2020)
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.v5i1.677

Abstract

Amid the resounding steps of the KPK to carry out the law enforcement function of eradicating Corruption, there are still things that feel stagnant. The KPK does not or has not dared to ensnare political parties in corrupt criminal liability, using corruption laws. In each case with dimensions of political corruption, the KPK only ensnares party elites, but does not at the same time demand criminal liability from political parties. In fact, in several cases investigated, the flow of funds flowed into political parties. As a special offense, revising the Corruption Law, by entering the phrase "legal entity", in addition to the phrase "everyone" is needed to find, or build a channel to ensnare political parties in corruption criminal liability. accompanied by state losses and fines. Administrative sanctions can also be applied through freezing through the Kemenkumham or the dissolution of these political parties through the Constitutional Court's path when the KPK's charges and demands can be proven.
Pemberian Hak Remisi Bagi Narapidana Narkotika Berstatus Justice Collaborator Jupri Jupri
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 5, No 1 (2020)
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.v5i1.611

Abstract

Indonesia as a paradise for narcotics distribution in Southeast Asia is inseparable from the influence of the Golden Triangle Syndicate, which is a narcotics distribution syndicate in accordance with the golden triangle line that covers three countries, Thailand, Laos and Myanmar. All in various narcotics cases revealed by the National Narcotics Agency or the Police as if the state was made helpless, some convicts who can be behind bars with Correctional Institutions (Lapas) are able to connect narcotics distribution in Indonesia. Therefore, it is necessary to uncover strategies through the role of Justice Collaborator but they are not easy to implement. This study discusses how to request remission rights for narcotics prisoners with Juctice Collaborator status in Lapas Class III Pohuwato. The research method used in this study is the normative-empirical legal research method. The results of the study show that remission is a right for inmates so that it cannot be eliminated, but it can be limited by the additional requirements that must be fulfilled, namely becoming a Justice Collaborator. From 28 narcotics prisoners, only 8 people get remission. As for prisoners who have not received remission, they are constrained in a letter of justice collaborator from investigators / prosecutors.

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