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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 2 (2020)" : 5 Documents clear
Penanganan Covid-19 Dalam Pendekatan Kaidah Fikih dan Ushul Fikih (Analisis Kebijakan Pembatasan Sosial Berskala Besar Dibidang Keagamaan) Shubhan Shodiq
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 5, No 2 (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.v5i2.743

Abstract

The corona virus are sweeping the world. Transmission that is so fast from human to human causes heavy casualties. Based on research, this virus commonly spread through droplets and direct contact with sufferers. Nowadays, vaccines and drugs are still being developed by experts. Therefore, almost all country take on policies to prevent the spread of the virus. As an affected country, Indonesia also issued a policy of Pembatasan Sosial Sekala Besar (PSBB) (Large-Scale Social Restrictions). This rule regulate various aspects such as restrictions on educational, employment and worship activities. In the rules of worship, this regulation requires temporary abolition of worship in worship place. This instruction raises the pros and cons in society. Some people consider the omission of observance in the worship place is inappropriate due to the fact that other public places such as markets are still open. Using kaidah fikih and ushul fikih approach, this paper analyzes the policy. The results of this study indicate that the policy of eliminating the worship in the worship places during a pandemic is not inapposite with Islamic law. Moreover, to issue other policies in dealing with this pandemic, based on Islamic law, safeguarding lives (hifzh al-nafs) is prioritized more than protecting assets (hifzh al-mâl).
Delik Santet Dalam Konstruksi Rancangan Kitab Undang-Undang Hukum Pidana Satriadi satriadi
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 5, No 2 (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.v5i2.807

Abstract

This study discusses witchcraft (santet) as one of the controversial offenses in the Criminal Code Bill. Socially, witchcraft (santet) is believed to be an act that can harm people, narrate, or even kill people. However, based on the principle of legality and the difficulty of proving, acts of witchcraft (santet) cannot be criminalized so it is not uncommon for people accused of being witchcraft (santet) to due of process of law. To analyze and understand the offense of witchcraft (santet) in the construction of the Draft Bill of the Criminal Code, this study utilizes normative legal research methods whose data are obtained through a literature study. The results showed that witchcraft (santet) as a criminal act was constructed into the category of the formal offense whose proof did not lead to the presence or absence of magical power possessed by someone, but criminalized was a criminal offense committed, namely a person who intentionally announced he had supernatural powers, offered his services in undertaking harm to others in the form of illness, death or mental or physical suffering.
Sengketa Pendaftaran Hak Milik Atas Tanah Dewi Arnita Sari
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 5, No 2 (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.v5i2.816

Abstract

This journal aims to find about Ownership disputes land rights Related to land registration in Makassar city. The purpose of this study is : 1. to analyze the factors affecting the dispute over ownership of land that has been registered in Makassar. 2. to analyze how far the solutions are provided by the government in resolving ownership of land that has been registered.This research is descriptive research with empirical juridical approach method. Research method used is method by using primary and secondary data with data collecting technique that are interview and questionnaire. The population of this study are the employee office of the state land agency Makassar and public figure. Sample in this research is 30 respondents by using technique purposive sampling.The results of this study shownthat : (1). the factors affecting the dispute over ownership of land are Legal factors, law enforcement factors, facilities and infrastructure factors. (2). There are two solutions are provided by the government in resolving ownership of land, that was The national land agency facilitates to do mediation and Solutions through the judiciary, negotiations, and others Depending on the perpetrators leading in the direction of a good solution to them. Recommendation of this research is Government is expectedPlay an active role So that people did not have problems in dispute signs in the future, that is Increased administration to be more thorough in making land certificates In order to minimize the dispute. Developing the training in order to increase human resource of law enforcer, socialization to public can be held in great quantities and all of reinforced facility supplying so that all of factor whom can influence presence of proprietary right dispute for estate can be minimalized.Keyword : Ownership disputes land rights, land registration
Fiqih Perserikatan Wanita Dalam Politik dan Jihad Riza Umami; Ashif Az Zafi
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 5, No 2 (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.v5i2.692

Abstract

This scientific article aims to provide understanding and knowledge to readers about the jurisprudence of women's unions in political matters and also women's unions in wars and jihad such as what is good and what Allah accepts. Because many people think that the woman is only a housewife whose job is to educate children and serve their husbands. That women are also allowed to participate in politics and jihad. And there are laws in jihad. The method used for the research of this scientific article uses a qualitative descriptive method that is the data that has been obtained by the author presented in the discussion. In obtaining data the author uses literature in the form of books and journals, and also international journals.
Conflict Between Hizb Ut-Tahrir And Islamic Civil Society In Indonesia:A Countermovement Approach Hasbi Aswar; Danial Bin Mohd. Yusof; Rohana Binti Abdul Hamid
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 5, No 2 (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.v5i2.892

Abstract

In a social movement study, countermovement emerges when certain movement is considered to bring threat to the status quo or the current political and social condition. Social movement seeks for changing the existing situation while the countermovement pursues to keep it. As a result, the conflict between two becomes inevitable, where both will compete to win over the other. The existence of Hizb ut-Tahrir in Indonesia (HTI) for years is responded by some Islamic groups especially Nahdlatul Ulama (NU) and its allies, as threat to the Indonesian life due to the idea brought by HTI. It becomes the root of conflict between HTI and other Islamic groups in Indonesia. This article aims to explain the conflict between HTI and other Islamic groups by elaborating the effort of the Islamic groups to counter the HTI narratives and mobilization by using countermovement approach in social movement studies. This article is a case study research and using mainly secondary data to analyze the issue. This article found that Nahdlatul Ulama as the main countermovement played significant role to counter Hizb ut-Tahrir`s religious and political narratives as well as its political mobilization.

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