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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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Legal Analysis of the Monta District Expansion Plan in Bima Regency: A Regional Government Law Perspective Syamsudin, Syamsudin; Ma’arij, Aman; andriadin, andriadin; Erham, Erham; Gufran, Gufran
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.v10i2.8625

Abstract

Subdistrict expansion serves as a strategic effort to enhance public service effectiveness and accelerate regional development, particularly in geographically extensive areas such as Monta Subdistrict, Bima Regency. This study aims to examine the legality of the proposed Monta District expansion within the framework of local government law and to identify key implementation challenges and strategic solutions. A normative legal research method is employed, using conceptual, statutory, and case-based approaches. The findings indicate that, administratively, the legal requirements for expansion have been fulfilled in accordance with Government Regulation No. 17 of 2018 and Article 221 of Law No. 23 of 2014. However, several deficiencies remain, including the lack of essential supporting documents such as academic manuscripts, technical assessments, approval from the Bima Regency DPRD, inclusive public participation, and institutional regulatory harmonization. This study recommends cross-sectoral coordination to expedite the expansion process and develop a comprehensive local legal framework. The findings contribute to the strengthening of regional governance in the context of decentralization and regional autonomy.
Childfree Phenomenon in Family Behavior: a Study of Maslahah Mursalah in Contemporary Social Context Rahmatulloh, Iqlima Amaniy
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.v10i2.8791

Abstract

The term childfree refers to individuals who deliberately choose not to have children—a decision that has sparked critical discourse in both social and religious contexts. This study explores the underlying motivations behind the childfree decision, examines family behavior patterns among Indonesian childfree couples, and analyzes this phenomenon through the lens of maslahah al-mursalah in Islamic legal theory. Employing a qualitative method with a normative-empirical approach, this research is based on field interviews with five members of the Indonesian Childfree Community. Findings indicate that the decision is driven primarily by personal autonomy, health considerations, and economic concerns. Notably, childfree couples exhibit distinct patterns in household role distribution, conflict management, and future planning in the absence of children. From the perspective of maslahah al-mursalah, the childfree lifestyle raises complex tensions between individual choice and the foundational aims (maqāṣid al-sharī‘ah) of marriage and procreation in Islam. The study contributes to the emerging discourse on how Islamic legal reasoning can engage with evolving social behaviors in contemporary Muslim societies.
Transformation of Islamic Law in Responding to the Challenges of Plurality in the Digital Era Rahmadani, Rini; Kurniati, Kurniati; Gassing, Qadir
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.v10i2.9073

Abstract

This study examines the transformation of Islamic law in addressing the challenges of religious and ideological plurality in the digital era. Drawing on a qualitative, descriptive-analytical approach, the research explores how Islamic legal norms adapt to the complexities of online religious discourse, the decentralization of authority, and the rise of interpretive subjectivities. Using the framework of maqāṣid al-sharī‘ah, wasatiyyah (moderation), and Islamic multiculturalism, the study highlights the dynamic role of Islamic law as both a normative system and a socio-ethical mechanism. Findings indicate that Islamic law, when recontextualized through digital realities and pluralistic values, remains responsive to contemporary issues such as freedom of expression, extremism, and identity diversity. However, the fluidity of online interpretations and the erosion of traditional legal authority pose challenges to legal stability and epistemological coherence. The study concludes that a renewed interdisciplinary approach - integrating Islamic legal theory, digital sociology, and pluralism studies - is essential to ensure the continued relevance of Islamic law in shaping justice and coexistence in a globally connected society.
Enhancing Local Tax Governance through Regulatory Impact Assessment (RIA): A Study on Edible Bird’s Nest Tax Regulation in Kolaka Regency, Indonesia Hidayat , Rahmad; Sari, Patma; Awal Sakti, La ode; Rosnida, Rosnida; Irabiah, Irabiah; Haerani, Yeni; Lisma, Lisma
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

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Abstract

This study examines the application of the Regulatory Impact Assessment (RIA) methodology in the formulation of local tax regulations, using the edible bird’s nest (EBN) tax policy in Kolaka Regency, Indonesia, as a case study. Despite the region’s significant fiscal potential from EBN, the 2024 Regional Regulation on EBN taxation was enacted without a formal impact assessment, resulting in policy shortcomings such as low compliance, weak stakeholder engagement, and minimal revenue realization. Employing a normative-empirical legal research method, this study integrates statutory analysis with qualitative data collected through interviews with government officials, parliamentarians, and EBN producers. Findings reveal a mismatch between the legal design and the socio-economic realities on the ground, underscoring the absence of behavioral insights, participatory mechanisms, and implementation planning. The study argues that institutionalizing RIA in subnational governance can enhance regulatory legitimacy, transparency, and policy effectiveness, particularly in resource-based rural economies. It concludes by recommending the adoption of RIA as a standard practice in regional tax lawmaking, supported by capacity-building and inclusive stakeholder processe.
Discrepancies Between Legal Norms and the Practice of Appointing ‘Wali Hakim’ for Legally Recognized Children at Medan Tembung Religious Affairs Office Harahap, Rahmat Hakim; Purba, Zainal Arifin
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

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Abstract

This study investigates the legal foundations and challenges surrounding the appointment of a judge guardian (wali hakim) in the marriage of children deemed legitimate under the Compilation of Islamic Law (KHI), with a particular focus on cases involving children born from adulterous relationships. Employing a juridical-normative methodology, the research combines literature review and regulatory content analysis with empirical data obtained through interviews to assess implementation at the Office of Religious Affairs (KUA). The findings reveal interpretive ambiguities in Articles 99 and 100 of the KHI, which have led to discretionary practices by KUA officials who appoint judge guardians even when the child fulfills the legal criteria of legitimacy. This inconsistency between normative law and administrative application results in legal uncertainty and underscores the need for regulatory reform concerning guardianship in cases involving children of illicit conception. The study contributes to the scholarly discourse by critically analyzing these legal gaps and proposing measures to reinforce legal certainty and civil protections for children in marriage. It advocates for a reformulation of KHI norms grounded in the principle of maslahah to ensure justice, clarity, and the protection of children’s rights in Islamic family law practices.
The Controversy of Unregistered Marriage Trends from the Perspective of Maqa’sid Mukhallaf: Preventing Underage Marriage in Wajo Regency Sapriadi, Sapriadi; Hannani, Hannani; Fikri, Fikri
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.v10i2.9035

Abstract

This study investigates the phenomenon of unregistered marriage and efforts to prevent underage marriage in Wajo Regency. The research aims to examine the motivations behind unregistered underage marriages through the lens of Maq??id Mukallaf and evaluate the effectiveness of local legal interventions. Wajo Regent Regulation No. 64 of 2022 serves as a key policy instrument aimed at curbing underage marriage and promoting legally recognized unions. Using a qualitative juridical approach, data were collected through in-depth interviews with marriage officials, parents, community leaders, and underage couples, supported by observation and document analysis. The study integrates Maq??id Mukallaf theory to assess the legality and ethical validity of marriage motives, alongside Ibn Qayyim al-Jawziyyah’s theory of legal change and Weber’s bureaucratic management theory to evaluate policy responsiveness and implementation. Findings indicate that although unregistered marriages involving underage couples may fulfill internal aspects such as personal capability and social support from parents and family, they are often driven by defensive motives such as avoiding complex legal procedures or social stigma which ultimately fail to meet the criteria of valid Maq??id Mukallaf.  Such acts are legally and morally untenable when they cause harm to others, particularly to children. This study highlights the importance of aligning legal frameworks with religious principles and community engagement to protect children’s rights and foster sustainable social change.
Criminal Sanctions Against Perpetrators of the Commercial Sexual Exploitation of Children: A Comparative Study of Indonesian Positive Law and Islamic Criminal Law Rusydi Mulya Sumantri; Sukiati
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

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Abstract

The Commercial Sexual Exploitation of Children (CSEC) constitutes a serious violation of human rights and human dignity. In Medan City, CSEC practices occur in an organized and recurring manner, underscoring the need to evaluate the effectiveness of existing criminal sanctions. This study aims to compare criminal sanctions for CSEC offenders under Indonesian positive law and Islamic criminal law and to formulate normative contributions for strengthening child protection. Using a normative juridical and comparative legal approach, this research examines sanction provisions in the Indonesian Criminal Code (KUHP), Law No. 35 of 2014 on Child Protection, and Law No. 21 of 2007 on Human Trafficking, as well as the concepts of hudud and ta?z?r in Islamic criminal jurisprudence (fiqh jinayah). The findings reveal fundamental differences between the two systems: Indonesian positive law emphasizes legal certainty and rehabilitation through imprisonment and fines, while Islamic criminal law prioritizes moral deterrence through hudud and the flexibility of ta?z?r. This article contributes by proposing harmonization between the two systems through offense reformulation, strengthened sanctions, and the implementation of preventive policies grounded in religious values to enhance child protection against systemic sexual crimes.
Legal Protection for Farmer Groups in Subsidized Fertilizer Pricing: A Case Study in Kualuh Hilir, North Sumatra Andreansyah Putra, Roby; Yadi Harahap , Mhd
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

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Abstract

Discrepancies between subsidized fertilizer prices and the government-mandated Maximum Retail Price (HET) continue to undermine agricultural productivity and policy effectiveness in Indonesia. This study examines the legal protection afforded to farmer groups affected by such price deviations, focusing on a case study in Kualuh Hilir Subdistrict, North Labuhanbatu Regency. Employing a socio-legal approach, the research combines normative legal analysis - reviewing Law No. 19 of 2013 on the Protection and Empowerment of Farmers, Minister of Agriculture Regulation No. 10 of 2022 as amended by Regulation No. 1 of 2024, and relevant constitutional provisions - with empirical fieldwork, including semi-structured interviews, direct observations, and document analysis. Findings reveal that extended distribution chains, weak regulatory oversight, delayed subsidy disbursements, and low legal literacy among farmers are the primary factors driving price discrepancies, resulting in farmers paying significantly above the regulated HET. These findings underscore a persistent gap between Indonesia’s legal frameworks and their practical implementation, leaving smallholders vulnerable to exploitation. This study contributes to socio-legal scholarship on agrarian justice by providing micro-level evidence of how systemic weaknesses in subsidy governance undermine farmers’ legal protections. Policy recommendations include strengthening distribution regulations, establishing accessible grievance mechanisms, and improving farmer legal literacy to enhance subsidy program effectiveness and ensure constitutional guarantees of agrarian justice are realized.
Marriage Postponement in the Mandailing Community: A Maqasid al-Shari'ah-Based Socio-Legal Analysis of Bujing-Bujing Tobang and Poso-Poso Tobang in Sibual-Buali Village Sunnah warisah Hasibuan; Abd. Mukhsin
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.v10i2.10259

Abstract

This study examines the phenomenon of marriage postponement among bujing-bujing tobang (unmarried adult women) and poso-poso tobang (unmarried adult men) in Sibual-Buali Village, Padang Lawas, through the lens of maq??id al-shar??ah. Employing a qualitative design with an empirical-juridical approach, data were collected through semi-structured interviews with 12 informants across three age groups (25–27, 27–30, and 30+), alongside local customary leaders and religious scholars, complemented by library research on the Qur’an, Hadith, the Compilation of Islamic Law, and classical fiqh literature. Findings indicate that the dominant factors contributing to delayed marriage include economic instability, caregiving responsibilities, prior emotional experiences, and aspirations for education and career development. Analysis through the maq??id al-shar??ah framework reveals that these reasons align with the preservation of religion (?if? al-d?n), life (?if? al-nafs), intellect (?if? al-?aql), lineage (?if? al-nasl), and wealth (?if? al-m?l). Thus, marriage postponement is understood not merely as an individual preference but as a strategy to balance personal, familial, and spiritual obligations. The study recommends strengthening premarital education grounded in maq??id, refining marriage dispensation mechanisms, and applying the maq??id cum-mub?dalah approach. These findings provide actionable insights for policymakers, religious leaders, and scholars to integrate Islamic legal principles with contemporary social realities.
Consumer Protection Against Unauthorized Charges in Subscription-Based Parking System in Medan: A Legal Analysis from the Perspective of Istishab Filjannah, Annisa; Hidayat, Rahmat
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.v10i2.10263

Abstract

The imposition of unauthorized charges on subscription-based parking consumers in Medan City undermines legal certainty and causes significant economic and psychological harm. Although designed to ensure convenience and protection, the subscription parking system has failed to prevent double charging, exposing the weakness of current consumer protection mechanisms. This study analyzes legal protection for subscription parking consumers by integrating positive law and the Islamic legal principle of istishab. Using empirical legal research with a qualitative approach, data were collected through literature review, in-depth interviews with consumers and parking attendants, and analysis of regulatory documents. Findings reveal that consumers suffer ongoing financial losses and distress despite fulfilling their legal obligations, while weak supervision and misaligned revenue-sharing mechanisms perpetuate unauthorized levies. From an istishab perspective, consumers’ rights remain valid unless lawfully nullified, rendering such charges a violation of both positive and Islamic law. The study proposes an integrative framework for consumer protection, recommending stricter enforcement, restructuring revenue-sharing schemes, and improving attendant education to restore public trust.

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