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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 8 Documents
 1 
Search results for , issue "Vol 9 No 2 (2024)" : 8 Documents clear
Business Agreements: Enhanced Investor Protection in Enterprises with Generation Z Consumers Abbas, Ilham; Putri, Ilma Aulia; Mamonto, Moch. Andry Wikra Wardhana; Aswari, Aan
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 9 No 2 (2024)
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.v9i2.6198

Abstract

The purpose of this research is to examine the form of legal protection in PT Yotta's Investment Model Business Agreement. The research method used is the normative-empirical method, which combines elements of normative law with empirical data. The results show that legal protection for the parties in PT Yotta's investment business model agreement is provided in preventive and repressive forms. Preventive protection is reflected in the contract provisions that regulate the rights and obligations of the parties, providing a strong foundation for the maintenance of justice and security. In addition, repressive protection is facilitated by the dispute resolution procedures set out in the agreement, which include the stages of deliberation to reach consensus and the arbitration process. Based on this research, the need for special attention to law enforcement in dealing with cases based on Sharia economic law or Islamic law is highlighted. This is due to the dominance of legal sources from the Civil Code in the context of this still developing law. It is therefore necessary to improve the understanding and skills of law enforcement agencies in dealing with cases involving the principles of Sharia economic law or Islamic law. Therefore, legal protection in the investment business model for the needs of Generation Z provides a solid framework for security and justice for all parties involved. By considering the preventive and repressive aspects, this research provides insightful insights into the legal protection of investment business models. 
Analysis of the Understanding and Political Awareness of New Voters in the 2024 Election: A Siyasah Dusturiyah Perspective Azhar, Nabila; Sutiana, Yana; Tresnayadi, Budi
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 9 No 2 (2024)
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.v9i2.7053

Abstract

Due to their significant influence, new voters have a dynamic political orientation and are crucial targets in elections. In the 2024 General Election, Generation Z and millennials will dominate the voter demographic, comprising 56.45% of 204 million voters, thus holding substantial potential in determining election outcomes. This study examines new voters' political awareness and participation in the Cibeunying Kidul Sub-district, focusing on the influence of political understanding, environmental support, family socialization, and political education. This research employs a juridical-empirical approach using interviews and participatory observation to gather data from new voters aged 17-21. Findings indicate that new voters' political awareness is heavily influenced by family habits and guidance, highlighting the need for more intensive political education. Some new voters exhibit apathy due to distrust in the political system. Therefore, the role of the KPU (General Election Commission) in socializing elections to new voters is crucial to enhance their participation. From the siyasah dusturiyah perspective, political participation is part of obedience to the leader and a mandate that must be fulfilled. Elections in Islam resemble deliberations to select a leader who will be sworn in. New voters' participation in elections aligns with the amar ma'ruf nahi munkar principle. Enhanced political awareness among new voters will increase their participation in elections, thereby strengthening the quality of democracy in Indonesia.
Wrongful Convictions Without Punishment Trought Judicial Pardon Perspective Fiqh Islamic Criminal Law Junaedy, Achmad; Marlina, Andi; Kholid, Muhammad; Waeno, Muhamadaree
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 9 No 2 (2024)
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.v9i2.6290

Abstract

This research aims to explore the concept of judicial forgiveness in criminal law reform and assess justice in criminal judgments from an Islamic law perspective. The research method used is normative legal research focusing on wrongful conviction without punishment in Islamic law and the new Criminal Code (KUHP). The data was collected through a desk study, in which the researcher analyzed various sources such as books, legal regulations, and academic journals. This research contributes significantly by highlighting the importance of judicial forgiveness in criminal law reform, particularly in achieving holistic justice for victims and perpetrators. By emphasizing human values and Islamic principles, this research presents a comprehensive view of how judicial forgiveness can be an alternative to the compensation system. The research findings emphasize that judicial forgiveness is a crucial step in improving the efficiency of the corrections system, reducing prison overcrowding, and restoring the social balance disrupted by crime. The research proposes that a judicial forgiveness approach can reduce reliance on imprisonment as the sole form of punishment, which is often ineffective and unfair, especially in minor crimes.
Problems Related to the Exercise of Custody Rights in Algeria: Between Legal Texts and Judicial Practice Benaichouche, Omar; Djillali Bentayeb, Djillali
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 9 No 2 (2024)
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.v9i2.6356

Abstract

This research addresses the problems related to exercising custody rights in Algerian legislation. As one of the critical legal consequences of marital dissolution, custody is crucial for ensuring the child's welfare. Islamic law approves custody, and statutory laws have followed suit, prompting an investigation into the legal issues arising from its judicial application. This study is structured into two main axes: the first examines issues related to alimony and house rent allowance, and the second addresses the challenges of visiting and transporting the child in custody. Using a descriptive-analytical approach, we analyzed rulings and decisions issued by the Algerian judiciary. The study found that while Algerian family law stipulates provisions for custody, many loopholes revealed through judicial practice make these provisions incompatible with Algerian society's social and economic conditions. Our findings highlight the need for legislative amendments to address these discrepancies.
Challenges and Implementation of Human Rights in the Personality Development of Elderly Prisoners Tajuddin, Mulyadi Alrianto; Darmawati, Darmawati; Zainuddin, Asriadi; Pramukti, Lilis
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 9 No 2 (2024)
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.v9i2.6294

Abstract

This research aims to analyze the challenges and implementation of human rights in the personality development of elderly prisoners in Merauke Class IIB Prison. The research is limited to two main questions: How is, the personality development of elderly prisoners carriedis  out in the Merauke Class IIB Prison? Secon., what challenges are faced in implementing human rights in providing personality development to elderly prisoners in Merauke Class IIB Prison? This empirical juridical research examines legal regulations based on cases related to the implementation of personality development for elderly prisoners in Merauke Class IIB Prison. The research results show that first, the personality development activities for elderly prisoners carried out by the Merauke Class IIB Prison are limited to spiritual and moral development through direct and familial interaction between facilitators and inmates, systematic and planned development, and individual and group approaches. Second, Merauke Class IIB Prison faced several challenges in implementing human rights for elderly prisoners, such as inadequate provision of facilities and infrastructure, lack of socialization about human rights, which results in officers being less aware of prisoners' rights, and deficiencies in human resource capabilities and skills Necessary to direct organizational goals. Researchers suggest that the implementation of personality development for elderly prisoners must strictly adhere to the Minister of Law and Human Rights Regulation Number 32 of 2018. Every article in it can be taken carefully.
Temporary Waqf in Indonesia: Legal Basis and Implementation Challenges Dermawan, Diki; Harahap, Abd Rahman
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 9 No 2 (2024)
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.v9i2.7015

Abstract

This research aims to analyze the concept and implementation of temporary waqf by Law Number 41 of 2004 and evaluate the experience of the Darul Waqf Al-Hadiy Foundation in managing such waqf. The research method used is qualitative with an Empirical Law type, involving data collection through interviews and observations and qualitative descriptive analysis of primary and secondary data. The research results indicate that based on Law Number 41 of 2004, temporary waqf is permitted and regulated. However, implementing temporary waqf at the Darul Waqf Al-Hadiy Foundation faces various challenges, including difficulties in creating sustainable programs, high rehabilitation costs, and administrative complexity. Although temporary waqf provides significant benefits for Islamic religious education and the welfare of the local community, its management requires better education and improved competency for nazhir. More effective and sustainable waqf management can be achieved if the nazir has adequate experience and capabilities
Regulations on Diversion in the Settlement of Children in Conflict with the Law: A Comparative Analysis of Positive Law and Islamic Criminal Law Lubis, Suci Dini; Lubis, Syaddan Dintara
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 9 No 2 (2024)
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.v9i2.7021

Abstract

Children who commit crimes must have their rights protected to ensure their survival and well-being. This study aims to apply diversion regulations in resolving cases of children in conflict with the law at the Women and Children's Services Unit of the Criminal Investigation Department in the Labuhanbatu Police Department to ensure the provision of restorative justice. This empirical legal study collected data through interviews with the Labuhanbatu Police Department. Findings indicate that diversion regulations are detailed in Law No. 11 of 2012 concerning the Juvenile Criminal Justice System. According to Islamic criminal law, if a child commits a crime, the punishment should be educational and involve al-shulhu (reconciliation). While diversion is carried out with a restorative justice approach, many juvenile offenses are not entirely diverted and are often processed further in the legal system. The practice of reconciliation for juvenile crimes in Labuhanbatu involves the upah-upah ceremony, which aligns with the concept of al-shulhu. Factors that prevent juvenile offenses from being resolved through diversion include cases of theft, embezzlement, and assault. This study recommends that diversion be mandatory for juvenile offenders at the stages of investigation, prosecution, and trial to resolve juvenile criminal cases
Exhibitionism and Law Enforcement: Criminal Law and Islamic Criminal Law Perspectives Nafis Str, Raihan Hadi; Azizah, Noor
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 9 No 2 (2024)
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.v9i2.6307

Abstract

Law enforcement against exhibitionists is crucial in maintaining public order and morality. This study examines law enforcement against exhibitionists based on criminal law and Islamic criminal law. The research method used is normative legal research with a statute and conceptual approach. The statute approach is employed to review existing laws and regulations. In contrast, the conceptual approach explores the principles of Islamic criminal law related to law enforcement against exhibitionism. The results of this study show that in the context of general criminal law, the Indonesian Penal Code (KUHP) regulates articles that can be applied to exhibitionists. Criminal sanctions stipulated in Articles 281 and 282 of the Penal Code include imprisonment and fines for those who distribute, create, or store obscene images, including those involving exhibitionism. Article 335 of the Penal Code also regulates indecent acts in public, which can include exhibitionism. According to Islamic criminal law, the form of punishment for exhibitionist behavior is jarimah ta'zir. Among the Syafi'iyah and Hanabillah scholars, it is argued that the maximum punishment is ten lashes. Meanwhile, according to the Malikiyyah scholars, the punishment of lashes may exceed this limit as long as it serves a beneficial purpose. This study concludes that law enforcement against exhibitionism requires integrating general and Islamic criminal law to create a balanced legal framework that aligns with societal values. Additionally, the importance of public awareness of the social impact of exhibitionism and participation in law enforcement is emphasized

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