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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 131 Documents
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Enforcing Laws Against Illegal Gold Mining through the Lens of Islamic Criminal Law: A Case Study of Jambur Tarutung Kotanopan Tagor Indra Mulia Lubis; Ramadani
Al-Adalah: Jurnal Hukum dan Politik Islam Vol.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.v10i2.10270

Abstract

Illegal gold mining (pertambangan emas tanpa izin, PETI) in Jambur Tarutung, Kotanopan, presents complex legal, socio-economic, and environmental challenges. This study examines the enforcement of criminal law against illegal gold mining in the region and explores how Islamic criminal law can provide a complementary framework for addressing such issues. Using an empirical juridical approach, this research integrates normative analysis of relevant legal provisions - particularly Law No. 3 of 2020 on Mineral and Coal Mining - with field data gathered through in-depth interviews, observations, and document analysis involving law enforcement officials, community leaders, religious scholars, and affected residents. Findings reveal that law enforcement remains largely ineffective due to weak supervision, limited institutional capacity, socio-political interference, and the dependence of local communities on illegal mining as an economic livelihood. From an Islamic criminal law perspective, these activities constitute jarimah ta?z?r involving fasad (corruption and destruction), warranting discretionary sanctions by the ulil amri that combine punitive and restorative measures. This study argues for an integrative enforcement model that merges positive law with maq??id al-shar??ah, emphasizing ecological restoration, community empowerment, and moral-spiritual reform. Such an approach promotes sustainable resource governance while fostering social justice and collective environmental responsibility.
Legal Validity and Implications of Remarriage During Divorce Proceedings in Indonesia: An Islamic Family Law Perspective Annisa Rahmi; Prasetiya, Nurul Huda
Al-Adalah: Jurnal Hukum dan Politik Islam Vol.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.v10i2.10336

Abstract

This study examines the phenomenon of unregistered marriages (sirri) conducted by women who are still undergoing divorce proceedings at the Religious Court of Teluk Nibung. The primary objective is to analyze the legal status of such marriages from the perspective of Islamic law and Indonesian positive law. Employing a qualitative method with a juridical-empirical approach, the research draws on interviews, observations, and document analysis. The findings indicate that remarriage during an unresolved divorce process is driven by socio-economic factors, spousal neglect, and limited legal awareness. From the standpoint of Islamic jurisprudence, particularly within the Shafi’i and Hanbali traditions, such marriages are invalid because the woman is not yet considered a widow in the sharī‘ah sense and has not completed the prescribed iddah period. Under Indonesian statutory law, these practices contravene the principle of monogamy as enshrined in Law No. 1 of 1974 and the Compilation of Islamic Law. This study highlights the incompatibility of the practice with both normative frameworks and underscores the urgent need for legal education and stronger institutional oversight to prevent deviations. The research contributes to the discourse on marriage law by offering a socio-legal perspective that integrates doctrinal analysis with community realities.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v11i1.10400

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v11i1.10419

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v11i1.10545

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.
The Legal Validity and Evidentiary Challenges of Unwritten Rental Agreements in Boarding Houses Firnawati; Akib, Ma'ruf; Umar, Wahyudi
Al-Adalah: Jurnal Hukum dan Politik Islam Vol.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.v10i2.10840

Abstract

The widespread use of unwritten boarding house rental agreements among students generates a distinct form of legal vulnerability, not due to the absence of contractual validity, but as a result of weakened legal certainty and evidentiary fragility. This study employs a normative juridical method with statutory and analytical approaches to examine the legal validity and evidentiary implications of oral rental agreements under Indonesian civil law. The analysis demonstrates that unwritten rental agreements remain legally binding insofar as they satisfy the requirements of Article 1320 of the Indonesian Civil Code. However, the lack of written documentation significantly undermines effective legal protection when disputes arise. Consequently,non-litigation dispute resolution mechanisms, as regulated under Law No. 30 of 1999, emerge as a more functional avenue for resolving disputes, albeit without fully addressing underlying structural imbalances in contractual relations. This study reconceptualizes unwritten boarding house rental agreements as normatively valid yet structurally vulnerable contracts, underscoring the need to strengthen legal certainty in informal contracting practices.
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; Satriadi; 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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v11i1.10900

Abstract

This article examines the structural limitation of authority exercised by the Papuan People’s Assembly (Majelis Rakyat Papua -MRP), a cultural representative institution established under Indonesia’s Special Autonomy framework. Despite its strong moral and cultural legitimacy to protect the identity and fundamental rights of Indigenous Papuans, MRP’s authority remains largely procedural, creating a persistent gap between its normative mandate and practical influence in regional governance. Existing studies tend to frame this limitation as an administrative or political issue, leaving its normative and theoretical dimensions underexplored. This study offers a conceptual reconstruction of MRP’s authority through the lens of Siyasah Syar’iyyah, employed as a normative governance framework rather than a merely ethical reference. Using a normative juridical method that integrates conceptual, statutory, and historical approaches, the research develops a prescriptive model grounded in the principles of al-maslahah (public welfare), al-‘adl (justice), and hifz al-‘ird (protection of dignity). The findings demonstrate that this framework enables a redefinition of MRP from a symbolic cultural body into a substantive guardian of Indigenous interests with strengthened consultative authority possessing normative effects. The article contributes by bridging Islamic political jurisprudence and indigenous governance, while offering a normative-institutional basis for enhancing cultural justice within 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.

Page 12 of 14 | Total Record : 131

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