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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 14 Documents
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Search results for , issue "Vol.11 No.1 (2026)" : 14 Documents clear
Fulfillment of the Rights of Children with Disabilities in Inclusive Education in the Digital Era: Evidence from Gorontalo City Makkulawuzar, Kindom; De La Cruz, Mawardi; Lahaling, Hijrah
Al-Adalah: Jurnal Hukum dan Politik Islam Vol.11 No.1 (2026)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

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Abstract

Inclusive education constitutes a fundamental human right, yet children with disabilities in Gorontalo City face persistent barriers in accessing it. This study analyzes the legal framework governing inclusive education rights and evaluates the implementation of adaptive, technology-supported inclusive policies. Employing a socio-legal approach with a descriptive–analytical design, the research integrates normative analysis of legal instruments with empirical data from focus group discussions, interviews, and document review. Findings reveal that Regional Regulation No. 3 of 2023 has not been effectively operationalized, with implementation hindered by systemic factors (insufficient qualified teachers, non-adaptive curricula, inadequate accessible infrastructure), socio-cultural factors (stigma and bullying), and digital factors (limited device access and low digital literacy). The results highlight a substantial gap between normative guarantees and practical implementation. The study underscores the need for operational regulations, enhanced teacher capacity, accessible digital learning facilities, and multi-stakeholder collaboration to achieve an equitable and inclusive educational ecosystem.
Fraud Triangle Perspective on Corruption in State Owned Enterprises: Evidence from the PT Timah, Tbk Case Irma, Ade; Sakti Myharto , Wiend
Al-Adalah: Jurnal Hukum dan Politik Islam Vol.11 No.1 (2026)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

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Abstract

Corruption within state-owned enterprises (SOEs) remains a critical challenge in emerging economies, undermining public trust, financial integrity, and investor confidence. This study examines the corruption case of PT Timah Tbk in Indonesia through the lens of Fraud Triangle Theory, focusing on the interaction of pressure, opportunity, and rationalization. Employing a normative juridical approach complemented by literature and documentary analysis, the research analyzes legal frameworks, organizational governance, and empirical evidence related to the case. Findings indicate that financial pressures from market expectations and declining profits created strong motivational drivers (pressure), while weaknesses in corporate governance, procurement procedures, and oversight mechanisms enabled illicit practices (opportunity). Executives rationalized these actions as necessary for achieving corporate targets and preserving organizational interests (rationalization). Legal analysis confirms that these actions violated Law No. 20/2001 on Corruption and Law No. 19/2003 on SOEs, demonstrating gaps between statutory provisions and effective enforcement. The study highlights that addressing SOE corruption requires an integrated strategy combining strengthened internal controls, transparency, ethical leadership, whistleblower protection, and robust legal enforcement. By systematically linking theoretical, legal, and empirical perspectives, this research provides both explanatory insights into corporate fraud mechanisms and practical guidance for enhancing governance and accountability in state-owned enterprises, particularly in resource-based sectors of emerging markets.
Gender Equality in the Perspective of Amina Wadud and Its Relevance to Gender Politics in Lampung Province Restiyani; Hawari , Nadirsah; Yudha , Gesit
Al-Adalah: Jurnal Hukum dan Politik Islam Vol.11 No.1 (2026)
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.v11i1.10480

Abstract

Gender equality in Muslim societies remains marked by a persistent gap between normative Islamic ideals and socio-political realities, particularly in women’s political participation and leadership. This study examines Amina Wadud’s feminist hermeneutics and its relevance to gender politics in Lampung Province, Indonesia. Employing a qualitative socio-legal approach, the research integrates textual analysis of Wadud’s major works with a critical review of literature on gender and political representation in Indonesia. Focusing on principles of contextual Qur’anic interpretation, spiritual equality, and anti-hierarchical theology grounded in tawḥīd and justice (al-‘adl), the study finds that political gender inequality stems not from Islamic doctrine but from patriarchal interpretations, masculinized institutions, and entrenched cultural norms. Despite increased visibility of women in Lampung’s political arena, participation remains largely symbolic and constrained by conservative religious readings. This study contributes to Islamic feminist scholarship and fiqh siyāsah by demonstrating that feminist hermeneutics provides a normative and epistemological foundation for advancing substantive gender equality through cultural, institutional, and theological transformation.
Legal Protection for Children Victims of Neglect by Parents with Mental Disorders within Indonesia’s Legislative Framework Rumpaidus, Citra Agustine Putri
Al-Adalah: Jurnal Hukum dan Politik Islam Vol.11 No.1 (2026)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

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Abstract

The issue of child neglect by parents with mental disorders raises complex legal and social challenges, as both the child and the mentally ill parent are vulnerable groups requiring legal protection and State responsibility to ensure their rights. Mental illness often impairs parental capacity to provide adequate care, placing the child in a highly vulnerable and precarious situation. From a criminal law perspective, such mental conditions may serve as a ground for excuse under the Indonesian Penal Code, potentially eliminating criminal responsibility. This raises the question of who is accountable for ensuring the child's protection. This normative legal research aims to analyze the available forms of legal protection for children in such circumstances under Indonesian law, particularly Law No. 23 of 2002 on Child Protection as amended by Law No. 35 of 2014, and to examine State responsibility through the lens of Child Rights Theory and the Best Interests of the Child principle. The study finds that while Indonesia's legal framework is relatively comprehensive, highlighted by Government Regulation No. 44 of 2017 on the Implementation of Child Care and Government Regulation No. 78 of 2021 on Special Protection for Children, implementation remains hindered by significant challenges, including weak institutional coordination, limited resources, and an insufficiently child-centered approach. The State thus has a positive obligation to take concrete preventive and curative measures to ensure children's rights protection, including providing appropriate alternative care and access to psychosocial recovery services.
Judicial Challenges in Resolving Electronic Licensing Disputes before Indonesian Administrative Courts Nova Musta'idah; Ningsih , Rahmah; Syahputra, Aan
Al-Adalah: Jurnal Hukum dan Politik Islam Vol.11 No.1 (2026)
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.v11i1.10777

Abstract

This study examines the judicial challenges in resolving electronic licensing disputes arising from Decision No. 30/G/2023/PTUN.BL and Appellate Decision No. 6/B/2024/PT.TUN.PLG, where two business licenses were issued for the same object through the OSS RBA system by the DPMPTSP of Pesawaran Regency. Using a normative juridical method supplemented with empirical data from judicial interviews, the study reveals contrasting judicial approaches. The first-instance court emphasized social harmony and familial relationships, adopting a utilitarian perspective and suggesting non-adversarial settlement rather than determining the legal validity of the licenses. In contrast, the appellate court adhered to a positivist approach, focusing on procedural rigor and identifying the dual licensing as the result of an administrative validation error, as the second permit was issued without revoking the first. The study highlights that the digitalization of licensing does not automatically ensure legal certainty; rather, it introduces new challenges in judicial reasoning, evidentiary evaluation, and institutional accountability. The findings underscore the necessity of strengthening technical regulations, enhancing the administrative competence of licensing authorities, and improving administrative remedies to ensure effective judicial review within Indonesia’s digital governance framework.
Reconstruction of the Authority of the Papuan People's Assembly Based on the Principles of Siyasah Syar'iyyah: A Study of the Function of Cultural Representation Ansar, Lukman; Podu, Sabar; Lisma, Lisma; Satriadi, Satriadi; Zulfadli, Zulfadli; Wahyudin, Dandi; Mursyid, Andi Miftahul Maulidil
Al-Adalah: Jurnal Hukum dan Politik Islam Vol.11 No.1 (2026)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

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Abstract

This research is motivated by the ongoing issue of limited authority held by the Papuan People’s Assembly (Majelis Rakyat Papua/MRP) as a cultural representative institution established through the Special Autonomy framework to protect the identity and fundamental rights of Indigenous Papuans. Despite its strong moral and cultural legitimacy, MRP’s formal authority in regional policy-making remains largely procedural and non-substantive, creating a gap between its normative mandate and practical effectiveness. This condition generates an urgent need to reconstruct its authority so that cultural representation does not merely function symbolically, but serves as an effective instrument to safeguard the interests and dignity of Indigenous Papuans. This study aims to reinterpret and reconstruct MRP’s authority through the lens of Siyasah Syar’iyyah, a normative political framework emphasizing public welfare (maslahah), justice (‘adl), and the protection of vulnerable communities. The research employs a normative juridical method using conceptual, statutory, and historical approaches, supported by prescriptive analysis to formulate an ideal model of authority relevant to the sociocultural context of Papua. The findings indicate that Siyasah Syar’iyyah provides an ethical and philosophical foundation for strengthening MRP’s authority through the principles of al-maslahah, al-‘adl, and hifz al-‘ird, positioning MRP as a guardian of culture with more substantive and binding advisory power. This study recommends regulatory harmonization, enhancement of binding consultation authority, and participatory governance rooted in customary values to achieve cultural justice and reinforce the effectiveness of Papua’s Special Autonomy system.
Legitimacy of Sub-Minimum Sentencing in Narcotics Cases: An Analysis of Judicial Discretion from the Perspectives of Positive Law and Islamic Criminal Law Ahmad Farhan Jumain; Ramadani
Al-Adalah: Jurnal Hukum dan Politik Islam Vol.11 No.1 (2026)
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.v11i1.10932

Abstract

This article examines the legitimacy of sub-minimum sentencing in narcotics cases through a normative analysis of Indonesian Supreme Court Decision No. 4634 K/Pid.Sus/2023, which imposed a sentence below the statutory minimum prescribed under Article 112 of Law No. 35 of 2009. Employing a doctrinal legal method with comparative analysis and systematic literature review, the study evaluates judicial reasoning across the District Court, High Court, and Supreme Court levels. The findings indicate that, from the perspective of positive law, the decision potentially undermines the principles of legality and legal certainty due to the absence of a clear normative basis for departing from the mandatory minimum, thereby increasing the risk of sentencing disparity. Conversely, from the perspective of Islamic criminal law, the decision attains normative legitimacy within the framework of taʿzīr and maqāṣid al-sharīʿah, particularly the protection of intellect (ḥifẓ al-ʿaql), which prioritizes proportionality and rehabilitative objectives for drug users. Nevertheless, this legitimacy is procedurally weakened by the lack of objective supporting evidence, notably a medical or clinical assessment as a prerequisite for judicial ijtihād. This article proposes an integrative model in the form of a minimum evidentiary checklist and mandatory clinical assessment to ensure that judicial discretion remains legally accountable while coherently reconciling substantive justice, legal certainty, and Islamic normative principles.
Music Royalty Obligations and Copyright Enforcement in Commercial Public Spaces: The Case of Cafés and Restaurants in Indonesia Putri, Dewi Ananda; Lanontji, Muryanto; Muhammad Jafar, Andi
Al-Adalah: Jurnal Hukum dan Politik Islam Vol.11 No.1 (2026)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

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Abstract

Copyright constitutes a central pillar of intellectual property law in regulating the commercial exploitation of music as an economically valuable creative work. This article examines the legal obligation imposed on cafés and restaurants in Indonesia to pay music royalties under Government Regulation No. 56 of 2021, as an implementing instrument of Law No. 28 of 2014 on Copyright. Despite the existence of a formal regulatory framework, widespread non-compliance among café and restaurant business operators persists, raising significant juridical concerns regarding enforcement legitimacy and proportionality. Employing a normative-juridical research method with statutory and conceptual approaches, this study analyzes primary, secondary, and tertiary legal materials to assess the normative basis and legal implications of mandatory royalty payment obligations. The analysis demonstrates that the use of music in cafés and restaurants constitutes a form of public performance or communication to the public, thereby generating enforceable royalty obligations grounded in creators’ exclusive economic rights. Non-compliance gives rise to layered juridical consequences, encompassing administrative enforcement, civil liability, and the potential application of criminal sanctions under Indonesian copyright law. By situating the Indonesian regulatory framework within broader debates on copyright governance, this article contributes to the international discourse by clarifying how collective royalty regimes recalibrate the legal position of small and medium-sized commercial users in public performance rights enforcement systems.
Beyond Moral Commitment and Binding Force: A Spectrum-Based Analysis of Memoranda of Understanding in Indonesian Contract Law Salfa, Astrid; Sudirman; Akib , Ma’ruf
Al-Adalah: Jurnal Hukum dan Politik Islam Vol.11 No.1 (2026)
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.v11i1.11032

Abstract

Memoranda of Understanding (MoUs) are widely used in governmental and commercial practice in Indonesia, yet their legal status remains contested due to the absence of explicit regulation in the Indonesian Civil Code. This article examines the legal position of MoUs within Indonesian contract law by analyzing their normative foundations under freedom of contract, pacta sunt servanda, and their role in the pre-contractual phase. Employing a normative juridical method with doctrinal and comparative analysis, the study argues that the binding force of an MoU cannot be determined by its formal label but must be assessed based on the substantive allocation of rights and obligations, the parties’ intention to create legal relations, and compliance with Article 1320 of the Civil Code. The findings demonstrate that MoUs operate along a legal spectrum, ranging from non-binding moral commitments to instruments capable of generating contractual liability. By advancing a spectrum-based framework, this article contributes to contract law scholarship and provides normative guidance for courts and practitioners in drafting, interpreting, and enforcing MoUs.
State Apparatus Neutrality in Electoral Governance: The Siyasah Tanfidziyah Perspective on Oversight Frameworks in Indonesia Maulidia Putri , Wulan; Mu’in , Fathul; Yati , Alan
Al-Adalah: Jurnal Hukum dan Politik Islam Vol.11 No.1 (2026)
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.v11i1.11133

Abstract

State apparatus neutrality is a constitutional principle central to the integrity of electoral governance in democratic states governed by the rule of law. This article examines the implementation of Article 4 of Bawaslu Regulation No. 6 of 2018 concerning the supervision of neutrality of the State Civil Apparatus (ASN), the Indonesian National Armed Forces (TNI), and the Indonesian National Police (Polri) in West Tulang Bawang Regency. Using a qualitative socio-legal approach, the study integrates doctrinal legal analysis with empirical field research. The framework of siyāsah tanfīdhiyyah is employed as a normative–analytical instrument grounded in the principles of amānah, justice (al-‘adl), accountability (mas’ūliyyah), and oversight (al-raqābah). The findings indicate that, while supervisory mechanisms comply procedurally with regulatory standards, their substantive effectiveness is constrained by fragmented sanctioning authority, limited institutional capacity, uneven internalization of neutrality norms, and entrenched informal power relations. The article argues for an integrative governance approach that combines regulatory coherence, institutional effectiveness, and ethical internalization of public authority.

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