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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 127 Documents
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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

Show Abstract | Download Original | Original Source | Check in Google Scholar

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.
Clickwrap Agreements in Indonesian FinTech Services: Legal Validity, Doctrinal Tensions, and the Limits of Enforceability under Civil Law Suriati; Dintara Lubis, Syaddan
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.v11i1.11195

Abstract

The rapid expansion of financial technology (FinTech) in Indonesia has transformed contractual relations through standardized electronic contracts, particularly clickwrap agreements in which consent is expressed by affirmative digital action. This article examines the legal construction and enforceability of clickwrap agreements under Law No. 1 of 2024 on Electronic Information and Transactions and evaluates their validity from the perspective of Indonesian civil contract law, with reference to Article 1320 of the Civil Code. Using a doctrinal legal analysis that integrates statutory interpretation and conceptual assessment of contractual consent, the study interrogates the coherence between procedural digital validity and substantive agreement requirements. The findings reveal that although clickwrap agreements are formally recognized as binding electronic contracts, a normative tension persists between technological formalism and the civil law conception of consent as a free and informed manifestation of will. Standardized contractual architectures and information asymmetry may weaken substantive autonomy despite formal compliance. The article argues for a recalibrated enforceability framework that incorporates autonomy, transparency, and contractual fairness to support regulatory harmonization and sustainable FinTech governance.
Fiqh Siyasah as an Analytical Framework for Literacy Policy Implementation: Evidence from West Lampung, Indonesia Nurul Meydianti, Dinda; Marwin; Hendriyadi
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.v11i1.11249

Abstract

This article employs fiqh siyasah as an analytical framework to examine the implementation of regional literacy policies in Indonesia, using West Lampung Regency Regulation No. 13 of 2021 as a case study. The analysis focuses on the institutionalization of literacy governance and the qualitative dimensions of public participation. In response to debates within public policy literature regarding the gap between formalized legal provisions for participation and meaningful deliberative practices, this study adopts a qualitative juridical-empirical approach, repositioning fiqh siyasah from a normative framework into an empirical analytical instrument. The findings indicate that the implementation of literacy policy in West Lampung operates within a hybrid governance configuration, where formal legal mandates interact dynamically with community-based initiatives through the Regional Literacy Movement. Although public participation has been institutionalized and contributes to the legitimacy and sustainability of programs, the substantive influence of community actors in strategic decision-making remains limited. By operationalizing the principles of shura and maṣlaḥah as evaluative criteria, this article underscores the analytical capacity of fiqh siyasah to assess the quality of participation and the orientation of public interest in policy implementation.
Legal Protection and the Implementation of Rights of Pregnant Women in Detention: A Case Study of the Class IIA Women’s Correctional Facility in Medan, Indonesia Harahap, Sophia; Padeni Nasution, Rasina
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.v11i1.11266

Abstract

This study investigates the legal protection and implementation of rights for pregnant women in detention at the Class IIA Women’s Correctional Facility in Medan, Indonesia. Although Indonesian correctional law and human rights instruments provide normative guarantees, their realization is constrained by structural and institutional challenges. Using an empirical juridical approach and qualitative case study design, data were collected through semi-structured interviews with key prison staff, direct observation, and analysis of relevant legal and policy documents, including the Directorate General of Corrections’ Basic Health Service Standards. Findings indicate that while basic healthcare, medical referrals, nutritional support, and partial psychosocial services are available, their effectiveness is limited by the absence of obstetric specialists, lack of dedicated housing for pregnant detainees, budget constraints, and insufficient continuous psychosocial support. This highlights a gap between formal legal guarantees and substantive protection, demonstrating that formal equality alone cannot address the differentiated needs of pregnant detainees. Policy recommendations include measurable operational standards, intersectoral integration with local healthcare services, gender- and human rights-based staff training, and performance-oriented evaluation. The study contributes to socio-legal scholarship by emphasizing that effective protection of vulnerable groups depends on both normative frameworks and institutional capacity oriented toward human-centered justice.
Legal Protection Of Land Ownership Rights In Coastal Areas Affected By Abrasion: Climate Change, Coastal Border Regime, and Tenure Uncertainty In Indonesia Syirfan, Muhammad Addi; D. Djunaedi; Putri Fakhis , Adinda Zeranica; Laily Fadhilah Sabilal Haque
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.v11i1.11328

Abstract

Global climate change, which has triggered sea level rise and extreme abrasion, now poses a real threat to the stability of property rights regimes in coastal areas. This study offers a theoretical contribution to the agrarian law discourse by analyzing the failure of the static legal paradigm in dealing with the dynamics of natural change. Focusing on the city of Pekalongan, Indonesia, this study uses a socio-legal approach that synthesizes normative analysis, empirical field data, and Geographic Information System (GIS) mapping to reveal the legal tension between property certificate holders and the designation of coastal zones. The findings show that the current legal regime suffers from acute sectoral fragmentation; on the one hand, it recognizes the existence of property rights administratively, but on the other hand, it affirms their function through ecological coastal zone policies. This inconsistency creates legal bias against coastal residents. This study argues that the current legal protection model is still inadequate and that there is an urgent need for reconstruction towards an adaptive legal framework. Although some legal protections are in place, they are still insufficient to provide legal certainty for communities and ecological justice. The international relevance of this research lies in offering solutions for island nations in managing tenure conflicts on coastlines that are constantly changing due to the global climate crisis

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