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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 112 Documents
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Fatwa Communication Literacy Related to The Law of Boycotting Pro-Israel Product Transactions in Indonesia Islamy, Athoillah; Ubaidillah, Ubaidillah; Ariyadi, Ariyadi; Abduh, Muhammad
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 10, No 1 (2025)
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.v10i1.8485

Abstract

The movement to boycott pro-Israel products as a form of condemnation of Israel's aggression against Palestine demands the attention of all elements of society, government and religious leaders in various countries, including in Indonesia. This qualitative study with a content analysis approach aims to identify the construction of mass communication functions in the fatwa of the Majelis Ulama Indonesia (MUI) Number 83 of 2023 related to the boycott of pro-Israel products. The mass communication function theory constructed by Harold Lasswell became the foundation of the perspective. This study found the construction of mass communication functions in the MUI's fatwa literacy related to the boycott of pro-Israel products, including the function of environmental monitoring related to various events, such as Israeli aggression against Palestine which received financial assistance from various pro-Israel companies, and public questions from Muslims regarding the law of supporting the Palestinian cause. Then, the function of social correlation, such as the appeal for Muslims to do philanthropy for humanitarian solidarity for the struggle of the Palestinian people, and avoid using various pro-Israel products. Furthermore, the function of social transmission is in the form of MUI's role in disseminating Islamic legal norms that can guide Muslims in responding to the boycott movement of Israeli products. This study confirms the importance of constructing a holistic mass communication function involving the synergy of the roles of the community, religious leaders, and the government in disseminating fatwa literacy related to social religious problems, such as the fatwa related to the boycott of pro-Israel products. The focus, perspective and implications of the findings of this study are also novelty to the findings of previous studies which generally focus more on the formal legal aspects related to fatwas related to the boycott of pro-Israel products. However, this study does not examine the economic impact on Muslims in Indonesia of the MUI fatwa related to the boycott.
Copyright Infringement in Online Media: Corporate Legal Liability Maha Wiryanthi, Ni Putu Ega
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 10, No 1 (2025)
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.v10i1.7681

Abstract

This study examines the legal responsibilities of online media companies in addressing copyright violations, focusing on regulatory frameworks, technological implementations, and enforcement challenges. Using a normative juridical approach, this research analyzes Indonesia’s Copyright Law No. 28 of 2014, the DMCA, and the EU Copyright Directive. It also includes comparative case studies such as Viacom vs. YouTube (2007), Google Books Litigation (2015), and TikTok Copyright Infringement (2021) to assess evolving legal frameworks and platform liability in managing user-generated content (UGC).Findings reveal that while platforms employ AI-powered Content ID, automated filtering, and blockchain copyright management, these technologies face false positives, jurisdictional enforcement difficulties, and takedown notice transparency issues. The cross-border nature of the internet complicates legal enforcement, necessitating global cooperation and harmonized copyright policies. A multifaceted approach is needed, integrating technological innovation, stronger regulations, and stakeholder collaboration. Enhancing cross-border legal cooperation and content moderation policies is vital to balancing copyright enforcement with freedom of expression. Collaboration among digital platforms, governments, and industry stakeholders is key to ensuring a sustainable and legally balanced digital ecosystem for copyright protection and creative industry growth
The Efforts to Decriminalize Article 549 of the Indonesian Criminal Code from the Perspective of Islamic Criminal Law Firmansyah, Puji; Ramadani, Ramadani
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 10, No 1 (2025)
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.v10i1.8236

Abstract

This study examines the decriminalization of Article 549 of the Indonesian Penal Code (KUHP) from the perspective of Islamic criminal law, focusing on livestock negligence in Sukadame Village, Silangkitang District, South Labuhan Batu Regency. The issue arises from unconfined livestock damaging private land, leading to legal disputes and calls for regulatory reform. This research aims to analyze the necessity of decriminalizing Article 549 KUHP by evaluating its application in local cases and comparing the legal framework of positive law and Islamic law regarding livestock negligence. A qualitative approach with an empirical juridical method was employed, collecting data through interviews with legal practitioners, community leaders, and affected parties, alongside document analysis. The findings indicate that decriminalizing Article 549 KUHP requires legal reform to ensure alignment with current socio-economic conditions. However, prior to implementation, community engagement is crucial to prevent legal uncertainty and unintended consequences. The study suggests that legal adjustments should balance societal needs and legal enforceability, ensuring fairness while maintaining public order. These findings contribute to ongoing discussions on legal reform in Indonesia, particularly in harmonizing statutory law with Islamic legal principles.
The Principle of Justice in Islamic and Civil Inheritance Law: Legal Disparities, Dispute Resolution, and Harmonization Laksmi, Dyah Ayu Vijaya
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 10, No 1 (2025)
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.v10i1.8352

Abstract

The distribution of inheritance in Islamic and civil law is based on different legal principles, often leading to disputes among heirs. Islamic law applies the faraid system, which mandates a fixed and predetermined division based on Sharia provisions. In contrast, civil law prioritizes testamentary freedom, allowing heirs to determine inheritance distribution according to their will. These differences significantly impact justice for heirs and the mechanisms for dispute resolution. This study employs a qualitative approach using a comparative method, analyzing Islamic legal texts, statutory regulations, and scholarly literature related to inheritance law. The findings indicate that Islamic inheritance law emphasizes family deliberation (musyawarah) as a primary dispute resolution mechanism, whereas civil law often relies on litigation through courts. Consequently, harmonization efforts are necessary to bridge these legal disparities. This can be achieved by strengthening the role of religious courts, implementing sharia-based mediation, and updating regulations concerning grants and wills. This study suggests that justice in inheritance distribution can be better ensured by integrating a more flexible and adaptive legal framework while also providing greater legal certainty for all heirs. These findings contribute to the ongoing discourse on legal pluralism and inheritance dispute resolution, emphasizing the need for a more integrative and balanced legal approach in Indonesia.
Sanctions for Zina Perpetrators: A Review of Interfaith Couples from the Perspective of the Criminal Code and Fiqh Jinayah Istikhomariyah, Istikhomariyah; Iwan, Iwan
Al-Adalah: Jurnal Hukum dan Politik Islam Volume 10 No.2 2025
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.v10i2.8575

Abstract

This study analyzes the sanctions for adultery in interfaith marriages based on the Indonesian Criminal Code (KUHP) and Islamic criminal law (fikih jinayah). Using a normative legal method, this research applies both Islamic law and comparative law approaches to evaluate the differences in the regulation of adultery within the two legal systems. The data sources consist of primary legal materials (KUHP, Compilation of Islamic Law, the Book of Fikih Jinayah, and the Marriage Law) and secondary legal materials (academic literature and court decisions). The analysis is conducted descriptively-analytically using the triangulation of legal sources technique. The findings show that the KUHP only criminalizes adultery as infidelity within a marriage, whereas in fikih jinayah, any sexual relationship outside a lawful marriage is considered adultery. In Islam, interfaith marriage is not recognized. Thus, such a relationship is categorized as adultery. In contrast, under Indonesia's positive law, interfaith marriages can still be recognized through specific legal mechanisms. Additionally, apostasy (murtad) has different legal consequences: In fikih jinayah, the marriage is automatically annulled, while under the KUHP, the marital status remains valid until a court decision is made. This inconsistency presents challenges in harmonizing national criminal law. Legal reform is needed to balance social norms, state law, and the principles of Sharia to create a more inclusive legal system that is adaptive to the needs of Indonesian society.
Challenges in the Implementation of Intellectual Property Rights as Fiduciary Collateral in Indonesia Panjaitan, Haposan; Arifardahni, Yoyo; Samosir, Tetti
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 10, No 1 (2025)
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.v10i1.8494

Abstract

Intellectual property rights (IPRs) refer to legal entitlements from intellectual and creative efforts, resulting in intangible assets. Copyright, as a specific form of IPR, is classified as an intangible movable property and is legally recognized as a potential object of fiduciary security in Indonesia. Despite regulatory developments—particularly Government Regulation No. 24 of 2022 concerning the creative economy—the practical implementation of IPR-based collateral remains constrained by the absence of standardized valuation mechanisms, institutional readiness, and legal certainty. This study employs a normative juridical method grounded in statutory and doctrinal analysis to examine the valuation framework of copyrights as fiduciary collateral and the legal role of public notaries and certified appraisers. The findings reveal that regulatory inconsistencies and the lack of operational guidelines inhibit financial institutions from accepting copyright as a credible collateral asset. Moreover, the role of notaries is pivotal in affirming ownership validity and ensuring the legal enforceability of fiduciary deeds involving intellectual property.
Legal Review of the Implementation of Human Rights in Handling Cases of Violence Against Women Nuroini, Indi; Putra, Rengga Kusuma; Sjuhudi, Ichsan; Miano, Muhammad Ryan Ramadhani; Dwiprigitaningtias, Indah
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 10, No 1 (2025)
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.v10i1.8137

Abstract

Violence against women constitutes a violation of human rights and reflects entrenched structural gender inequality. In Indonesia, despite the existence of Law No. 23/2004 on the Elimination of Domestic Violence and the ratification of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), significant challenges persist in the implementation of legal protections. This study aims to evaluate the effectiveness of existing legal frameworks in addressing violence against women and to identify necessary regulatory reforms. Utilizing a normative juridical method with statutory and conceptual approaches, the study analyzes the alignment of national laws with international human rights standards. It also assesses policy implementation by examining court rulings, institutional reports, and empirical data on victim protection outcomes. The findings reveal pervasive gender bias in both regulatory provisions and law enforcement practices, which undermines victims’ access to justice. Key obstacles include the absence of a gender-sensitive legal perspective, inadequate protection mechanisms, and the limited capacity of law enforcement personnel. The study concludes that comprehensive legal reform, capacity building, and integrating a human rights-based approach are essential to establishing a more inclusive and effective legal protection system for women in Indonesia.
Cyber PPAT and Legal Certainty in Indonesia’s Electronic Land Certification System Muhayar, Muhayar; Deni, Fitra; Barus, Zulfadli
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 10, No 1 (2025)
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.v10i1.8473

Abstract

The digitalization of land registration in Indonesia, particularly through electronic land certificates, reflects a major reform in legal and administrative governance. This study examines the evolving role of the Land Deed Official (PPAT) in ensuring legal certainty amid the transition from conventional to electronic land certification. Employing a normative-empirical legal approach and case study in Bekasi Regency, the research explores how PPAT adapts to digital platforms while maintaining legal compliance. Findings reveal that electronic certification enhances efficiency, transparency, and security. However, its implementation faces significant challenges, including fragmented data systems, inadequate infrastructure, limited digital literacy, and the absence of specific legal norms regulating PPAT’s digital responsibilities. To address this gap, the study introduces the concept of “Cyber PPAT”—a redefined legal actor equipped with both legal and digital competencies. This study contributes to the discourse on land administration reform by underscoring the need for harmonized regulations, improved infrastructure, and institutional readiness. It emphasizes that legal certainty in digital land governance depends not only on technology but on the strength of the legal framework and institutional trust supporting it.
Legal Protection of Notary Employees in the Judicial Process Against Forgery of Signatures of Confrontants on Authentic Deeds Aprianto, Aprianto; Tarsono, Edi; Satrio, Yoga
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 10, No 1 (2025)
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.v10i1.7830

Abstract

Notaries are public officials authorized by law to draw up authentic deeds and are formally responsible for ensuring the accuracy of the parties' identities, the contents of the deed, and the signatures affixed. This study examines the legal protection available to notary staff who act as witnesses in the preparation of deeds, particularly in criminal proceedings involving forged signatures by parties appearing before the notary. Using a normative juridical method with a descriptive approach, the research analyzes secondary data obtained through document studies, including legislation, literature, and court decisions. The case analyzed is the Indonesian Supreme Court Decision No. 1209 K/Pid/2022, in which the notary was found guilty of initiating and participating in document forgery and sentenced to one year and six months of imprisonment. The findings indicate that notary staff who are not involved in the forgery are not subject to criminal liability. This research contributes to the discourse on legal accountability in notarial practice and emphasizes the importance of providing clearer legal safeguards for notary employees.
Legal Protection for Land Rights Owners on Cancellation of Certificates by the Court Due to Overlapping Simarmata, Agree Deardo; Samosir, Tetti; Anggriani, Jum
Al-Adalah: Jurnal Hukum dan Politik Islam Volume 10 No.2 2025
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.v10i2.8064

Abstract

This research examines the overlapping land ownership dispute between Certificate of Land Ownership (SHM) No. 39/Desa Pulau Sari of 1978, owned by the heirs of Rusdiansyah Bin Haji Sabri Razak, and SHM No. 748/Desa Bingkulu of 2010, owned by Sundariati, based on Decision No. 11/G/2021/PTUN.Bjm. The main issue discussed is the annulment of SHM No. 748 by the State Administrative Court of Banjarmasin and the legal protection available to the certificate holder whose certificate was annulled. This study uses a normative approach with qualitative analysis of secondary data, including laws, jurisprudence, and related literature. The main finding of this research shows that discrepancies in the land registration system, the transition to digital measurement, and administrative weaknesses led to overlapping land certificates. In this case, although the annulment of the certificate by the court provides legal certainty for the previous right holder, the holder of the annulled certificate, Sundariati, may seek protection through a tort claim based on Article 1365 of the Indonesian Civil Code. This research emphasizes the need for reforms in the land registration system to enhance protection for bona fide right holders and prevent future disputes.

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