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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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TV Broadcast Piracy Through Illegal Live Streaming Applications: Challenges and Legal Protection for Copyright Holders Winsherly Tan; Ampuan Situmeang; Kevin Indra Bhaskara
Al-Adalah: Jurnal Hukum dan Politik Islam Vol, 9 No. 1 2024
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.v9i1.5429

Abstract

The copyright infringement that is currently on the rise is the emergence of illegal TV streaming apps. The application is now very annoying to official broadcasting rights holders because the presence of such illegal streaming applications will cause losses. This paper aims to find out the form of legal protection as well as legal action for television stations that suffer losses from the piracy of such broadcasting activities.This study is a normative legal study with normative jurisprudence approach to critically analyse the criminal and civil law norms against piracy TV broadcasts through the Live Streaming application aimed at digging and revealing the protection and enforcement of the law for TV stations suffered losses as a result of such piracy.If a person is found to conduct broadcasting or distribution without the permission of the owner who violates the provisions of Article 25 paragraph (2) of the Copyright Act with the criminal punishment of Article 118 of the copyright Act. Whereas the perpetrator of illegal live streaming application that violates Article 32 paragraph (1) of the ITE Act, can be subject to criminal sanctions as referred to in Article 48 paragraph 1 of the Act. The resolution of copyright disputes can be carried out through litigation and non-litigation. It would be better for the public to choose to watch legally and subscribe through an official service despite having to pay for the safety and convenience of the user.
Parliamentary Systems in Continental European Countries and its Relationship to the Effectiveness of Legislative Institutions Elva Imeldatur Rohmah; Ernawati Huroirah; Jean Arya Putra Prasetya
Al-Adalah: Jurnal Hukum dan Politik Islam Vol, 9 No. 1 2024
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.v9i1.3092

Abstract

Every country has a unique style regarding the parliamentary system they follow. This parliamentary system may experience changes or developments that differ from the initial concept. It is expected because each country has other political, cultural, social, and economic conditions. It is normative legal research with a historical and conceptual approach, then conducted in a comparative study. The results of this study found that the French parliamentary system is included in the category of Medium-Strength bicameralism with asymmetrical and incongruent characteristics. The Dutch parliament belongs to medium-strength bicameralism with symmetrical and harmonious features. The Austrian legislature, known as the Bundesrat, does not have the same power as the Nationalrat, so the management of the two chambers of parliament is asymmetrical. Meanwhile, the parliamentary system in Indonesia can be classified as medium-strength bicameralism with asymmetrical and incongruent buildings. The parliamentary system can indirectly affect the effectiveness of the legislature's performance. Sometimes, the system adopted can make parliament an effective and efficient institution or vice versa. A small example is France, which can complete over 50% of proposed legislation in one year. Meanwhile, from 2020-2024, only 17 draft laws were constructed in Indonesia out of 215 registered. This figure is only 7.9% of the total proposed bill. Suppose the parliamentary system adopted has yet to bring parliament into a better, transparent, efficient, and open legislative body. In that case, the system can be re-evaluated by considering the existing ideal parliamentary concept.
Comparison of Indonesian and Dutch Laws on the Implementation of Euthanasia Winda Fitri; Winsherly Tan; Aulia Ginda Putri
Al-Adalah: Jurnal Hukum dan Politik Islam Vol, 9 No. 1 2024
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.v9i1.5894

Abstract

Developments in various matters cannot be separated from the regulations attached to them, one of which is related to euthanasia. Euthanasia in general is a treatment given to a patient to end his life intentionally with the aim of escaping suffering. Euthanasia is divided into two types, namely active euthanasia and passive euthanasia. Until now, the act of euthanasia still has pros and cons, including in Indonesia. However, there are also countries that have legalized this, such as the Netherlands. This article will raise issues related to the positive legal regulation of euthanasia in Indonesia and the Netherlands as countries that have legalized euthanasia in terms of human rights and the Criminal Code. The research method is normative juridical research with a comparative approach. The results show that legal regulations related to euthanasia in Indonesia have not yet been specifically regulated even though the act of euthanasia is absolutely prohibited. From a criminal law perspective, the act of euthanasia is subject to Article 338 and Article 344 of the Criminal Code, the implementation of which still creates uncertainty. For families who submit euthanasia, Article 345 of the Criminal Code applies. Meanwhile, the Netherlands has had a law relating to euthanasia since 2001 which is followed by procedures and conditions for its implementation based on Dutch Penal Code 293 and 294 of Dutch law. The formation of regulations related to euthanasia is necessary in Indonesia if it needs to be hastened considering the progress of the times and the mindset of humans who know information easily and can find out about euthanasia
Implementation of the Marriage Dispensation: Exploring the Legal and Social Complexities in Preventing Early Marriage Sandio Abid Aurian Putra; Mas Anienda Tien Fitriyah
Al-Adalah: Jurnal Hukum dan Politik Islam Vol, 9 No. 1 2024
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.v9i1.4592

Abstract

The Marriage Law has undergone changes as Law No. 16 of 2019 concerning Amendments to Law no. 1 of 1974 concerning Marriage, where previously the minimum age limit for being permitted to enter into marriage was 19 (nineteen) years for men and 16 (sixteen) years for women, now it is 19 (nineteen) years for both men and women . Based on this description, the purpose of this research is to explore the implementation of the granting of a marriage dispensation by the Madiun City Religious Court in reducing underage marriages, after the amendment to the marriage law. This study explores aspects of the implementation of the marriage dispensation as well as the constraints that exist in its application. This research method uses empirical juridical, with a qualitative approach. The results of the research show that the procedure for granting dispensation for marriage at the Madiun City Religious Court is that not everything can be done. There were several applications for dispensation that were actually rejected. The refusal is certainly an attempt to reduce child marriage underage. For example, there are reasons for children who are forced to marry or children who still want to continue their education. The obstacle that occurs in this implementation is that there are parents who are forced to continue their child's marriage. Legal protection for children with this has not been realized properly, given the interests of children who must be sacrificed.
What Is The Process Of Resolving Disputes In International Business Law? H. Radea Respati; Asep Sapsudin
Al-Adalah: Jurnal Hukum dan Politik Islam Vol, 9 No. 1 2024
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.v9i1.6030

Abstract

The complex global business landscape often creates conflict between entities, highlighting the need for efficient dispute-resolution mechanisms. Increased competition between countries can result in disputes that require immediate attention and require careful consideration of the structure of international and national communities. The importance of dispute resolution mechanisms is visible in the complexity of international business activities. This research aims to deepen a more essential understanding of alternative dispute resolution mechanisms in international business law. This objective is achieved by stating two research questions: the scope of resolving trade disputes and the alternative resolutions for international trade disputes. This is comparative qualitative research carried out in the literature concerning a normative juridical approach. Data was collected by searching relevant literature and legal materials for normative qualitative analysis. This research found that two types of disputes are commonly encountered in the legal process: disputes that are legal or can be resolved and conflicts that are political or cannot be resolved. Alternative Dispute Resolution (ADR) stands out for its effectiveness and efficiency in dispute resolution law. ADR aligns with the evolving dynamics of global trade, providing a valuable tool for managing disputes between business entities. Alternative. At least three alternative dispute resolution options can be chosen: (i) Resolving international trade disputes through mediation; (ii) Resolving international trade disputes through the World Trade Organization (WTO); Resolving disputes in international business through arbitration. This research suggests that it would be best to consider alternatives for resolving trade disputes according to the case's complexity level.
He Yokal Himago: A Sociological Review of Law on Nikah Siri in The Dani Muslim Community, Papua Eko Haryanto; Moh Wahib; Faisal Faisal; Athoillah Islamy
Al-Adalah: Jurnal Hukum dan Politik Islam Vol, 9 No. 1 2024
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.v9i1.4814

Abstract

This qualitative study intends to identify and explore the trigger factors for the practice of nikah he yokal himago (nikah siri) in the dani tribal mulsim community in Jayawijaya, Papua. This qualitative study uses an empirical legal approach. The theory of effectiveness by Sarjono Soekanto became a theory of analysis. Data collection techniques use observation and interviews. Meanwhile, data analysis uses reduction, presentation, and verification. This study concludes that the factors of he yokal himago marriage vary, among others, the weak legal culture that assesses he yokal himago marriage has implications for financial attachment and social prestige for the woman. Then the low legal awareness that considers marriage as a private matter, and also yokal himago can be a solution for marriage that gets formal legal barriers. Furthermore, the role of non-legal legal structures is in the form of the role of religious figures in the implementation of he yokal himago marriage. The theoretical implications of this study show that serial marriage can be triggered by the complexity of the factors behind it, both socioeconomic, cultural, legal and religious.  The limitations of this study have not examined the obstacles or challenges of government agencies, religious leaders and community leaders in preventing or minimizing he yokal himago marriage in the Dani tribal Muslim community in Jayawijaya 
Analysis of the Understanding and Political Awareness of New Voters in the 2024 Election: A Siyasah Dusturiyah Perspective Azhar, Nabila; Sutiana, Yana; Tresnayadi, Budi
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 9, No 2 (2024)
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.v9i2.7053

Abstract

Due to their significant influence, new voters have a dynamic political orientation and are crucial targets in elections. In the 2024 General Election, Generation Z and millennials will dominate the voter demographic, comprising 56.45% of 204 million voters, thus holding substantial potential in determining election outcomes. This study examines new voters' political awareness and participation in the Cibeunying Kidul Sub-district, focusing on the influence of political understanding, environmental support, family socialization, and political education. This research employs a juridical-empirical approach using interviews and participatory observation to gather data from new voters aged 17-21. Findings indicate that new voters' political awareness is heavily influenced by family habits and guidance, highlighting the need for more intensive political education. Some new voters exhibit apathy due to distrust in the political system. Therefore, the role of the KPU (General Election Commission) in socializing elections to new voters is crucial to enhance their participation. From the siyasah dusturiyah perspective, political participation is part of obedience to the leader and a mandate that must be fulfilled. Elections in Islam resemble deliberations to select a leader who will be sworn in. New voters' participation in elections aligns with the amar ma'ruf nahi munkar principle. Enhanced political awareness among new voters will increase their participation in elections, thereby strengthening the quality of democracy in Indonesia.
Wrongful Convictions Without Punishment Trought Judicial Pardon Perspective Fiqh Islamic Criminal Law Junaedy, Achmad; Marlina, Andi; Kholid, Muhammad; Waeno, Muhamadaree
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 9, No 2 (2024)
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.v9i2.6290

Abstract

This research aims to explore the concept of judicial forgiveness in criminal law reform and assess justice in criminal judgments from an Islamic law perspective. The research method used is normative legal research focusing on wrongful conviction without punishment in Islamic law and the new Criminal Code (KUHP). The data was collected through a desk study, in which the researcher analyzed various sources such as books, legal regulations, and academic journals. This research contributes significantly by highlighting the importance of judicial forgiveness in criminal law reform, particularly in achieving holistic justice for victims and perpetrators. By emphasizing human values and Islamic principles, this research presents a comprehensive view of how judicial forgiveness can be an alternative to the compensation system. The research findings emphasize that judicial forgiveness is a crucial step in improving the efficiency of the corrections system, reducing prison overcrowding, and restoring the social balance disrupted by crime. The research proposes that a judicial forgiveness approach can reduce reliance on imprisonment as the sole form of punishment, which is often ineffective and unfair, especially in minor crimes.
Problems Related to the Exercise of Custody Rights in Algeria: Between Legal Texts and Judicial Practice Benaichouche, Omar; Djillali Bentayeb, Djillali
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 9, No 2 (2024)
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.v9i2.6356

Abstract

This research addresses the problems related to exercising custody rights in Algerian legislation. As one of the critical legal consequences of marital dissolution, custody is crucial for ensuring the child's welfare. Islamic law approves custody, and statutory laws have followed suit, prompting an investigation into the legal issues arising from its judicial application. This study is structured into two main axes: the first examines issues related to alimony and house rent allowance, and the second addresses the challenges of visiting and transporting the child in custody. Using a descriptive-analytical approach, we analyzed rulings and decisions issued by the Algerian judiciary. The study found that while Algerian family law stipulates provisions for custody, many loopholes revealed through judicial practice make these provisions incompatible with Algerian society's social and economic conditions. Our findings highlight the need for legislative amendments to address these discrepancies.
Challenges and Implementation of Human Rights in the Personality Development of Elderly Prisoners Tajuddin, Mulyadi Alrianto; Darmawati, Darmawati; Zainuddin, Asriadi; Pramukti, Lilis
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 9, No 2 (2024)
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.v9i2.6294

Abstract

This research aims to analyze the challenges and implementation of human rights in the personality development of elderly prisoners in Merauke Class IIB Prison. The research is limited to two main questions: How is, the personality development of elderly prisoners carriedis  out in the Merauke Class IIB Prison? Secon., what challenges are faced in implementing human rights in providing personality development to elderly prisoners in Merauke Class IIB Prison? This empirical juridical research examines legal regulations based on cases related to the implementation of personality development for elderly prisoners in Merauke Class IIB Prison. The research results show that first, the personality development activities for elderly prisoners carried out by the Merauke Class IIB Prison are limited to spiritual and moral development through direct and familial interaction between facilitators and inmates, systematic and planned development, and individual and group approaches. Second, Merauke Class IIB Prison faced several challenges in implementing human rights for elderly prisoners, such as inadequate provision of facilities and infrastructure, lack of socialization about human rights, which results in officers being less aware of prisoners' rights, and deficiencies in human resource capabilities and skills Necessary to direct organizational goals. Researchers suggest that the implementation of personality development for elderly prisoners must strictly adhere to the Minister of Law and Human Rights Regulation Number 32 of 2018. Every article in it can be taken carefully.

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