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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 139 Documents
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A Legal Analysis of the Application of Strict Liability and the Role of Courts in Civil Litigation for Environmental Pollution Radhova, Siti Shanda; Berutu, Sigar P.; Aida Ardini
Al-Adalah: Jurnal Hukum dan Politik Islam Vol. 11 No. 2 (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.v11i2.11460

Abstract

The principle of strict liability constitutes a fundamental instrument in environmental law aimed at strengthening accountability for high-risk business activities and ensuring the restoration of environmental damage. In Indonesia, this principle is codified in Article 88 of Law Number 32 of 2009 on Environmental Protection and Management. However, its application in environmental civil litigation continues to encounter significant challenges, particularly following regulatory changes introduced through the Job Creation Law.  This study analyzes the legal framework governing strict liability in Indonesian environmental law, the juridical constraints affecting its implementation in environmental civil lawsuits, and the judicial reasoning reflected in Decision Number 20/Pdt.G/LH/2024/PN Surabaya. The research employs a normative legal research method, utilizing statutory, conceptual, and case approaches.  The findings indicate that the application of strict liability in judicial practice still faces several obstacles, particularly in proving environmental loss and establishing complex causal relationships, as well as the reliance on scientific evidence. Nevertheless, the court’s decision demonstrates a progressive interpretation of strict liability by emphasizing the precautionary principle, the polluter pays principle, and the imperative of environmental restoration.  This study underscores the importance of strengthening regulatory frameworks and developing technical guidelines for environmental damage valuation in order to enhance the effectiveness of strict liability implementation in environmental civil litigation.
Between Reconciliation and Justice: Reactualizing As-Sulḥ in Resolving Juvenile Violence within Indonesia’s Legal Pluralism Nasution, Tomi Adi Syahputra; Lubis, Zulpahmi
Al-Adalah: Jurnal Hukum dan Politik Islam Vol. 11 No. 2 (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.v11i2.11560

Abstract

This study examines the tension between reconciliation and justice in the regulation of assault-related offenses under Indonesian positive criminal law and Islamic criminal law, while critically analyzing the implementation of as-sulḥ in resolving juvenile violence within the Halongonan community of North Padang Lawas. Adopting a socio-legal empirical approach, this research conceptualizes law as a social practice (law in action) and draws on qualitative data from in-depth interviews with community leaders, religious figures, and local residents. Data were analyzed using constant comparative analysis based on three key indicators: voluntariness, power balance, and substantive justice. The findings reveal that although as-sulḥ normatively promotes reconciliation, forgiveness, and the restoration of social relations, its practical application often reflects a tension between reconciliation and justice, manifested in the form of pseudo-reconciliation. Settlements tend to occur under social pressure and unequal power relations, making them formalistic and transactional, and failing to fully embody the principles of al-riḍā’ (consent), ‘adālah (justice), and maṣlaḥah (public interest).  In response, this study argues for the reactualization of as-sulḥ through the integration of restorative justice, the principles of maqāṣid al-sharī‘ah, and the national criminal law framework within Indonesia’s plural legal system. Theoretically, it contributes to the discourse on reconciliation and justice in legal pluralism, while practically offering a more just, reflective, and context-sensitive model for resolving juvenile violence.
The Problematics of Law Enforcement in Dice Gambling: An Islamic Criminal Law Analysis in Medan, Indonesia Abdul Aziz Lubis; Zulpahmi Lubis
Al-Adalah: Jurnal Hukum dan Politik Islam Vol. 11 No. 2 (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.v11i2.11562

Abstract

Although formally prohibited, gambling remains a persistent challenge in societies characterized by plural legal systems. In Medan, dice gambling has evolved into a socially tolerated practice despite its clear legal prohibition. This study aims to analyze the problematics of law enforcement concerning such practices and to examine them from the perspective of Islamic criminal law. This research adopts a qualitative socio-legal approach that integrates doctrinal and empirical analyses through statutory, conceptual, and case-based approaches. Data were obtained through library research and a limited number of semi-structured interviews, and were analyzed iteratively through triangulation between legal norms and social realities. The findings reveal that law enforcement remains inconsistent and ineffective, reflecting a significant gap between law in the books and law in action, exacerbated by social normalization and weak institutional responses. From the perspective of Islamic criminal law, gambling (al-maysir) is strictly prohibited as it contravenes the protection of property and religion. Its classification as a ta‘zīr offense allows for the development of flexible and context-sensitive enforcement models. This study proposes an integrative approach grounded in maqāṣid al-sharīʿah as a normative framework to enhance adaptive and equitable law enforcement.
A Fiqh Siyasah Analysis of the Implementation of Article 64 of Bandar Lampung’s Regional Regulation on Public Order Aldiyantoro, Jemmy; Mu’in , Fathul; Latua , Abidin
Al-Adalah: Jurnal Hukum dan Politik Islam Vol. 11 No. 2 (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.v11i2.11595

Abstract

This study examines the implementation of Article 64 of Bandar Lampung Municipal Regulation Number 01 of 2018 concerning the prohibition of unauthorized alcohol sales and demonstrates the existence of a significant gap between normative design and empirical practice. Employing a qualitative socio-legal approach through a case study conducted in Sukarame District, the research reveals that policy ineffectiveness is not merely attributable to weaknesses in legal norms, but rather to the complex interaction among limited institutional capacity, inconsistent law enforcement, community economic vulnerability, and the weak internalization of legal norms within social life. These conditions indicate that illegal alcohol distribution practices function as adaptive responses to the disjunction between formal regulation and socio-economic realities.  The principal contribution of this study lies in the operationalization of siyāsah tanfīdziyyah as an analytical framework for evaluating public policy implementation. The findings demonstrate that the principles of legal implementation, justice, public welfare, and accountability have not been fully realized in practice. Accordingly, effective policy implementation requires a multidimensional approach encompassing the strengthening of institutional capacity, consistency in law enforcement, the integration of socio-economic policies, and the enhancement of public legal consciousness.
Effectiveness of Biopore Policy Implementation in Urban Environmental Governance: A Case Study of Bandar Lampung City from the Perspective of Siyasah Tanfidziyah Nurhaliza AY, Johana; Nurnazli; Frenki
Al-Adalah: Jurnal Hukum dan Politik Islam Vol. 11 No. 2 (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.v11i2.11605

Abstract

This study analyzes the effectiveness of implementing Bandar Lampung City Regional Regulation No. 4 of 2022 on drainage systems, particularly the application of Biopore Infiltration Holes (BIHs), and evaluates it through the normative framework of Siyasah Tanfidziyah. The research employs a socio-legal case study approach, integrating normative legal analysis with empirical findings at the local level. The findings suggest that the implementation of  BIHs is suboptimal, not solely due to technical limitations, but primarily due to a discrepancy between the scale of intervention and the complexity of urban flooding problems, as well as weak institutional capacity and insufficient social sustainability. The efficacy of BIHs is found to be contingent upon low to moderate rainfall conditions, while budgetary constraints, inadequate monitoring mechanisms, and limited community participation further constrain its sustainability. These findings demonstrate that the effectiveness of nature-based solutions, particularly  BIHs, is contingent upon the integration of policy design, implementation capacity, and the institutionalization of social practices. The absence of such integration has the effect of reducing policy effectiveness and undermining the constitutional right to a healthy and sustainable environment. The study posits that the constraints on environmental policy are not exclusively technical in nature; rather, they emanate from the inability to institutionalize implementation within a cohesive governance framework. From the perspective of Siyasah Tanfidziyah, this condition is indicative of the suboptimal realization of the principles of public benefit (maslahah), justice ('adl), trust (amanah), and responsibility.
Agrarian Reform, Institutional Fragmentation and Land Justice in Indonesia Sulfian, A. Sultan; Ansar , Lukman; Firdaus; Aboalela, Nahi Hashim Fathi; Albarahmeh, Mohammad Yusuf Musa
Al-Adalah: Jurnal Hukum dan Politik Islam Vol. 11 No. 2 (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.v11i2.10370

Abstract

This article examines the acceleration of agrarian reform in Indonesia as a strategic instrument for achieving justice in land ownership, with a focus on the implementation of Presidential Regulation No. 62 of 2023. Despite successive reform initiatives, persistent structural inequalities in land tenure continue to generate agrarian conflicts, social exclusion, and unequal economic access. Using a normative legal approach based on statutory, conceptual, and legal-theoretical analysis, the study evaluates the regulatory framework and its implementation within Indonesia’s land governance system. The findings indicate that Presidential Regulation No. 62 strengthens the institutional framework for agrarian reform, yet implementation remains constrained by overlapping sectoral regulations, fragmented land administration, incomplete land data, and limited institutional capacity. These barriers hinder equitable land redistribution and legal certainty for communities. The study argues that agrarian reform should be understood not merely as a redistributive policy, but as a transformative mechanism for promoting social justice, economic inclusion, and sustainable rural development. Effective reform thus requires regulatory harmonization, institutional strengthening, transparent monitoring, and meaningful community participation, providing insights for both legal scholarship and policy practice.
Maslahah-Based Judicial Reasoning in Isbat Nikah Cases: Reconciling Legal Certainty and Substantive Justice in the Makassar Religious Court Fajriyati, Siti Nur; Asni; Ilyas, Musyfikah
Al-Adalah: Jurnal Hukum dan Politik Islam Vol. 11 No. 2 (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.v11i2.11401

Abstract

The tension between statutory marriage registration requirements and the socio-religious legitimacy of nikah siri (unregistered marriages) continues to create challenges in the implementation of family law in Indonesia. This article critically examines the judicial reasoning employed by judges of the Makassar Class IA Religious Court in adjudicating isbat nikah (judicial validation of unregistered marriage) cases from the perspective of maslahah. This study employs normative juridical research using case-based and conceptual approaches, with judicial decisions and statutory regulations analyzed as primary legal materials. The findings reveal that the adjudication of isbat nikah cases extends beyond procedural-administrative considerations through responsive judicial reasoning grounded in maslahah. Judges utilize isbat nikah mechanisms to protect children’s legal identity and civil rights through the principle of hifz al-nasl (protection of lineage), while also reconciling tensions between state legal formalism and socially embedded Islamic marital practices. In certain cases, applications are rejected to prevent procedural abuse and legal circumvention based on the principle of dar’ al-mafasid (prevention of harm). This study demonstrates that maslahah functions as a foundational framework of judicial reasoning aimed at realizing legal certainty and substantive justice within plural legal systems.
The Role of Customary Leaders in Supporting the Duties of Bhabinkamtibmas in Resolving Legal Conflicts in Southwest Papua Saed Bil Aswar Husaeni; Surahman Amin; Syahrul; Udin Latif; Hujriman
Al-Adalah: Jurnal Hukum dan Politik Islam Vol. 11 No. 2 (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.v11i2.11546

Abstract

This study examines the role of customary leaders in supporting Bhabinkamtibmas in resolving village-level conflicts in Southwest Papua, Indonesia. Employing a qualitative socio-legal approach, the study draws on in-depth interviews with customary leaders, local government officials, and migrant community members in Sorong Regency and Sorong City. Guided by legal pluralism, hybrid governance, and community policing perspectives, the findings reveal that conflict resolution operates through a hybrid legal order in which customary and state institutions interact through cooperation, mutual recognition, and negotiated authority rather than hierarchical substitution. Customary leaders function as primary actors in restorative dispute resolution, deriving legitimacy from community trust, kinship networks, and communal consensus, while Bhabinkamtibmas strengthen procedural legitimacy and facilitate coordination between customary and formal institutions. The study advances the concept of negotiated legitimacy to explain how customary and state actors continuously construct authority, accountability, and social acceptance within legally plural governance systems. The findings demonstrate that effective community policing in indigenous societies depends on collaboration with locally legitimate institutions and that sustainable conflict resolution emerges through culturally responsive governance arrangements that reconcile customary authority with procedural accountability.
Offenders’ Inability to Pay Restitution to Victims: An Islamic Criminal Law Perspective Dinda Sherin Al Asya Sinaga; Zaid Alfauza Marpaung
Al-Adalah: Jurnal Hukum dan Politik Islam Vol. 11 No. 2 (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.v11i2.11813

Abstract

This study examines the problem of offenders’ inability to fulfill restitution obligations to victims from the perspectives of Indonesian positive law and Islamic criminal law. The study is motivated by the limited effectiveness of restitution enforcement within the Indonesian legal system, which remains heavily dependent on the offender’s financial capacity, resulting in the suboptimal fulfillment of victims’ rights in practice. This research aims to analyze the regulation of restitution under Indonesian positive law and to explore the concept of diyat in Islamic criminal law as an alternative approach to addressing offenders who are unable to pay restitution. This study employs normative legal research using statutory, conceptual, and comparative approaches, analyzed qualitatively through library research. The findings reveal that Indonesian positive law positions restitution as a form of individual criminal responsibility without providing a comprehensive mechanism for situations in which offenders lack the financial capacity to satisfy such obligations. Consequently, the fulfillment of victims’ rights frequently remains ineffective in practice. In contrast, Islamic criminal law offers a more flexible and restorative approach through mechanisms such as the postponement of payment for individuals experiencing economic hardship, as reflected in Qur’an Surah Al-Baqarah (2): 280, the concept of ʿāqilah as a form of collective responsibility, and the potential involvement of social institutions in ensuring the fulfillment of victims’ rights. This study argues that the principles of Islamic criminal law possess significant relevance for the development of a restitution system that is more equitable, humane, and victim-oriented while simultaneously taking into account the offender’s economic circumstances.

Page 14 of 14 | Total Record : 139

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