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 7, No 2 (2022)" : 5 Documents clear
Fikih Moderasi Beragama Dalam Kehidupan Bernegara di Indonesia Eko Siswanto; Athoillah Islamy
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 7, No 2 (2022)
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.v7i2.2802

Abstract

It is unfortunate that there is a bad stigma by some Muslims who view the mainstreaming of religious moderation in Indonesia as liberalization and secularization of religion in state life. This study intends to identify the values of maqasid shariah in the indicators of religious moderation formulated by the Ministry of Religion of the Republic of Indonesia. This literature research uses a normative-philosophical approach. The analytical theory used is the concept of the maqasid shariah approach developed by Jasser Auda. The results show that there are dimensions of maqasid shariah values in the four indicators of religious moderation in Indonesia. First, the dimension of the value of hifz waton (maintaining the benefit of the state) in the attitude indicator of national commitment. Hifz waton can be a paradigm in an effort to maintain the benefit of state life. Second, the value dimension of hifz 'ird (maintaining the benefit of honor and human dignity) in anti-radicalism indicators. The manifestation of hifz 'ird is in line with various efforts that uphold human values, including the safety of the human soul (hifz nafs). Third, the dimension of the value of the hifz ummah in the indicator of tolerance and accommodative to local culture. The manifestation of the hifz ummah through a tolerance and accommodative attitude towards the diversity of local Indonesian culture will be able to show the universal teachings of Islam, namely rahmatan lil alamin. The theoretical implication of this research is that the indicators of religious moderation in Indonesia are parallel to the universal benefit values that are the orientation of Islamic law (maqasid shariah). The limitation of this research is that it has not studied the form of transformation of religious moderation values in the positivity of Islamic law in Indonesia.
Akibat Hukum Perjanjian Nominee Hak Atas Tanah Berkaitan Dengan Kepemilikan Warga Negara Asing Khairunnisa Khairunnisa; Mohamad Fajri Mekka Putra
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 7, No 2 (2022)
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.v7i2.2655

Abstract

The purpose of this research is to analyse the legal effect towards foreigner on the proprietary rights over land in Indonesia using nominee agreement. The research method that is used in this research is normative-juridical method with document analysis approach through library research sourced from legislations, books, legal articles, and court’s ruling. As for the analysis method used this research is qualitative which compare written regulation with the reality that happened related to the use of nominee agreement towards proprietary rights over land by foreigner in Indonesia. The result shows that the use of nominee agreement for proprietary rights over land by foreigner is null and void. The legality of  the agreement is dubious because it does not satisfy the requirement for the validity of agreements, that is a legal cause. There is no legal protection towards notary who issued nominee agreement.
The Urgency of Socio-Legal Studies on the Political Configuration of the Job Creation Act’s Formation Kriswanto Kriswanto
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 7, No 2 (2022)
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.v7i2.2595

Abstract

The The formation of laws and regulations in Indonesia must be understood comprehensively as a legal process as well as a political process. The legal process must be based on Law no. 12 of 2011 while the political process is obliged to look at the aspect of community deliberation to minimize the potential for conflict in the community. This study aims to analyze the CK Law and to suggest the urgency of socio-legal research in the formation of laws and regulations in Indonesia. This research is a socio-legal legal research that tries to look at the law internally and externally with the help of non-legal science, namely social science. This study uses primary legal materials in the form of UUCK and secondary legal materials in the form of journals, books, and related websites. Primary legal materials were analyzed using theories and concepts in secondary legal materials. This research uses a conceptual approach and a statutory approach The results of the study confirm that Ralf Dahrendorf's Conflict Theory in the Establishment of the CK Law emphasizes that the drafting and ratification of the CK Act is not optimal in involving quasi-groups or groups with high and low bargaining positions. In addition, the urgency of socio-legal analysis in the formation of laws and regulations in Indonesia is needed because when based on a socio-legal analysis a law does not have sociological validity, the law has the potential to cause conflict in society and even has the potential to be canceled by the Court. Constitution through formal review.
Pengaruh Relaksasi Kebijakan Transhipment Terhadap Kegiatan Penangkapan Ikan Ilegal (IUU Fishing) Sarah Aisha Rizal
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 7, No 2 (2022)
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.v7i2.2598

Abstract

In Indonesia, transshipment is a logistical method to maintain the fish’s quality, but in reality this activity allows IUU fishing. Through the Regulation of the Minister of Maritime Affairs and Fisheries Number 57/PERMEN-KP/2014, transshipment activities were banned because losses arising from IUU fishing were partially facilitated by transshipment; fish caught are not reported and not recorded. Transshipment covers the origin of the caught fish and how the fish are caught because the transhipment is carried out in the middle of the sea with minimal supervision, far from the port, and the fish are not landed. This policy was then relaxed through the Decree of the Director General of Capture Fisheries Number 1/PERDJPT/2016, which opened up new opportunities for transhipment but under the system of Fishing in One Operational Unit. This type of research is analytical descriptive research, using literature studies. This research shows how transshipment activities have a negative impact on the state's efforts to combat IUU fishing, and this often occurs even though a single operating system was introduced.
Penerapan Dwangsom pada Putusan Hak Asuh Anak Perspektif Teori Keadilan Aristoteles Muhamad Ali Muhsim; Erfaniah Zuhriah; Ali Hamdan
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 7, No 2 (2022)
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.v7i2.2606

Abstract

As a result of not implementing the voluntary child custody decision, the next legal remedy is the execution of child custody which can have a negative impact on the child's psyche. As a solution to this problem, the judge can decide on the dwangsom in the child custody decision. However, dwangsom becomes a legal problem when it is not contained in the petitum but appears in the ruling as stated in the decision Number 8/Pdt.G/2020/MS-BNa. The focus of this research is a juridical review and analysis of Aristotle's theory of justice on the application of dwangsom to the decision. This research is a normative juridical research using a law approach and a case approach. The primary legal source is decision Number 8/Pdt.G/2020/MS-BNa. and secondary sources of law, namely laws relating to the procedural law of the Religious Courts, books and journals related to Aristotelian justice, child custody, ultra petita and dwangsom principles. The data of this study were obtained through documentation and analyzed by Aristotle's theory of justice. The results of the juridical review on the decision contradict Article 178 paragraph (3) HIR / Article 189 paragraph (3) RBg, Article 50 Rv, SEMA Decision Number 3 of 2018, and Jurisprudence number 1001 K/Sip/1972. The judge's considerations in deciding the case Number 8/Pdt.G/2020/MS-BNa have met the criteria of Aristotle's corrective justice, namely there is a violation of rights that should be obtained, there are efforts to correct (return) rights, losses can be measured, corrections can be measured, and on a proportional basis.

Page 1 of 1 | Total Record : 5

 1 

Filter by Year

2022 2022


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