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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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Temporary Waqf in Indonesia: Legal Basis and Implementation Challenges Dermawan, Diki; Harahap, Abd Rahman
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.v9i2.7015

Abstract

This research aims to analyze the concept and implementation of temporary waqf by Law Number 41 of 2004 and evaluate the experience of the Darul Waqf Al-Hadiy Foundation in managing such waqf. The research method used is qualitative with an Empirical Law type, involving data collection through interviews and observations and qualitative descriptive analysis of primary and secondary data. The research results indicate that based on Law Number 41 of 2004, temporary waqf is permitted and regulated. However, implementing temporary waqf at the Darul Waqf Al-Hadiy Foundation faces various challenges, including difficulties in creating sustainable programs, high rehabilitation costs, and administrative complexity. Although temporary waqf provides significant benefits for Islamic religious education and the welfare of the local community, its management requires better education and improved competency for nazhir. More effective and sustainable waqf management can be achieved if the nazir has adequate experience and capabilities
Regulations on Diversion in the Settlement of Children in Conflict with the Law: A Comparative Analysis of Positive Law and Islamic Criminal Law Lubis, Suci Dini; Lubis, Syaddan Dintara
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.v9i2.7021

Abstract

Children who commit crimes must have their rights protected to ensure their survival and well-being. This study aims to apply diversion regulations in resolving cases of children in conflict with the law at the Women and Children's Services Unit of the Criminal Investigation Department in the Labuhanbatu Police Department to ensure the provision of restorative justice. This empirical legal study collected data through interviews with the Labuhanbatu Police Department. Findings indicate that diversion regulations are detailed in Law No. 11 of 2012 concerning the Juvenile Criminal Justice System. According to Islamic criminal law, if a child commits a crime, the punishment should be educational and involve al-shulhu (reconciliation). While diversion is carried out with a restorative justice approach, many juvenile offenses are not entirely diverted and are often processed further in the legal system. The practice of reconciliation for juvenile crimes in Labuhanbatu involves the upah-upah ceremony, which aligns with the concept of al-shulhu. Factors that prevent juvenile offenses from being resolved through diversion include cases of theft, embezzlement, and assault. This study recommends that diversion be mandatory for juvenile offenders at the stages of investigation, prosecution, and trial to resolve juvenile criminal cases
Exhibitionism and Law Enforcement: Criminal Law and Islamic Criminal Law Perspectives Nafis Str, Raihan Hadi; Azizah, Noor
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.v9i2.6307

Abstract

Law enforcement against exhibitionists is crucial in maintaining public order and morality. This study examines law enforcement against exhibitionists based on criminal law and Islamic criminal law. The research method used is normative legal research with a statute and conceptual approach. The statute approach is employed to review existing laws and regulations. In contrast, the conceptual approach explores the principles of Islamic criminal law related to law enforcement against exhibitionism. The results of this study show that in the context of general criminal law, the Indonesian Penal Code (KUHP) regulates articles that can be applied to exhibitionists. Criminal sanctions stipulated in Articles 281 and 282 of the Penal Code include imprisonment and fines for those who distribute, create, or store obscene images, including those involving exhibitionism. Article 335 of the Penal Code also regulates indecent acts in public, which can include exhibitionism. According to Islamic criminal law, the form of punishment for exhibitionist behavior is jarimah ta'zir. Among the Syafi'iyah and Hanabillah scholars, it is argued that the maximum punishment is ten lashes. Meanwhile, according to the Malikiyyah scholars, the punishment of lashes may exceed this limit as long as it serves a beneficial purpose. This study concludes that law enforcement against exhibitionism requires integrating general and Islamic criminal law to create a balanced legal framework that aligns with societal values. Additionally, the importance of public awareness of the social impact of exhibitionism and participation in law enforcement is emphasized
Effectiveness of Law Enforcement on Narcotics Crimes through Synchronization of Authority Between the National Narcotics Agency (BNN) and the Indonesian National Police Hepni, Aswari
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 10 No 1 (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.v10i1.7780

Abstract

Drug trafficking in Indonesia is a serious issue that requires special attention from the government and law enforcement officials. Efforts to eradicate drugs are carried out by the National Police of the Republic of Indonesia and the National Narcotics Agency, which collaborates with relevant agencies within the country and with international institutions. This article discusses the synchronization of authority between  National Narcotics Agency and Indonesian National Police in investigating narcotics crimes. This research uses normative legal methods with a conceptual and statutory approach. Synchronizing the investigation of narcotics crimes between the BNN and the National Police from the perspective of legal certainty in Indonesia is a strategy that aims to increase the effectiveness of law enforcement for narcotics crimes, while reducing the potential for conflict between the National Police and the BNN
International Legal Responses To Iran’s Nuclear Ambitions and Human Rights Violations: A Study Of Economic Sanctions Fajar, Rizky Nur; Sutrisno, Andri
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 10 No 1 (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.v10i1.7432

Abstract

This study analyzes the international legal response to Iran's nuclear ambitions and human rights violations, focusing on the economic sanctions imposed by the United Nations, the United States, and the European Union. The research raises a key question about the effectiveness of sanctions in halting Iran's nuclear program and their impact on human rights violations. Using a qualitative research approach and doctrinal legal analysis of international resolutions, treaties, and reports, the study assesses the consequences of these sanctions. The findings indicate that, although the sanctions have had a significant impact on Iran's economy, leading to a decline in foreign investment and GDP, they have not been effective in limiting Iran's nuclear efforts. Moreover, the sanctions have worsened human rights violations, particularly related to food security, healthcare, and political repression. The study concludes that sanctions alone have limitations in encouraging compliance, and therefore a more integrated approach is needed, involving diplomacy, multilateral engagement, and more targeted sanctions to address both nuclear and human rights issues
Strengthening Presidential Institutions in Indonesia: A Policy Analysis for Governance Reform Mukhlis, Muhammad Mutawalli; Lohalo, Georges Olemanu; Imširović, Mirela; Balebo, Piaget Mpoto
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 10 No 1 (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.v10i1.7571

Abstract

This study examines the urgency of strengthening Indonesia's presidential institution to enhance governance and adapt to contemporary challenges. The research aims to assess the institution's capacity to ensure political stability, promote democratic values, and address corruption and centralization of power. Utilizing mixed methods, the study combines surveys, in-depth interviews, and direct observation, supported by thematic and statistical analysis. Key findings indicate that improving inter-institutional collaboration, adopting innovative decision-making strategies, and leveraging technology for transparency are crucial for addressing governance challenges. The study concludes that reforms in legal frameworks and accountability mechanisms are vital for enhancing public trust and institutional responsiveness. These findings provide actionable insights for policymakers to advance democratic governance and institutional resilience
The Use Of Forensic Linguistics In Assessing The Truth Of The Accused's And Witnesses' Perspective Maqāṣid As-Syar'iyyah Amaliah, Rizky; Zulkarnain, Zulkarnain
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 10 No 1 (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.v10i1.7472

Abstract

The goal of law in Islam is to achieve the welfare of humanity. One of the ways to support the realization of justice is the use of forensic linguistics to assess the truth of testimony from defendants and witnesses in court. However, Indonesian legislation does not yet mandate the use of forensic linguistics in criminal cases. This study aims to analyze the application of maqāṣid as-syar'iyyah in the use of forensic linguistics to assess the truth of testimony from defendants and witnesses. This is a normative legal research with a qualitative approach, focusing on primary data from the Indonesian Penal Code (KUHP) and court decisions that apply forensic linguistics methods. Data analysis was conducted using deductive reasoning based on the theory of maqāṣid as-syar'iyyah. The findings show that the use of forensic linguistics to assess the truth of testimony from defendants and witnesses in criminal cases is part of the maslahat dharuriyyat. In particular, cases related to religion, murder, and corruption are crucial areas of maslahat dharuriyyat. Therefore, the presence of linguistic expert witnesses in court proceedings is an inevitability to ensure true justice.
Criminal Sanctions for Perpetrators of Defamation: An Islamic Criminal Law Perspective Azhari, Ninti; Ramadani, Ramadani
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 10 No 1 (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.v10i1.8292

Abstract

This study explores criminal sanctions for defamation offenders from the Islamic criminal law perspective, focusing on applying maqāṣid al-sharī‘ah as a normative foundation. The objective is to compare the restorative justice-oriented approach of Islamic criminal law with Indonesia's positive law, particularly the Electronic Information and Transactions Law (UU ITE), which regulates defamation in the digital era. Using a normative juridical method, the research analyzes primary and secondary legal sources to extract relevant principles. The findings reveal that Islamic criminal law employs ta'zir sanctions, which are flexible and oriented toward restoring social harmony, contrasting with the retributive approach of Indonesia's positive law that often leads to legal uncertainty and risks to freedom of expression. Moreover, Islamic criminal law offers mediation and reconciliation-based solutions to mitigate the social impact of defamation. This study suggests integrating the principles of maqāṣid al-sharī‘ah into Indonesia's positive legal framework to create more just and balanced regulations. These findings are relevant for policymakers in addressing legal challenges in the digital era and encourage the development of more inclusive approaches to defamation cases.
Food Security and Consumer Protection: An Analysis of Sanctions on the Sale of Expired Food Products from the Perspective of Islamic Criminal Law and Positive Law in Indonesia Prasetiyo, Yogi; Yazid, Imam
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 10 No 1 (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.v10i1.8374

Abstract

The Sale of Expired Food Products: A Serious Violation That Poses Risks to Consumers' Physical and Psychological Health. This study aims to analyze the sanctions on selling expired food products from the perspective of Islamic Criminal Law and Law No. 8 of 1999 on Consumer Protection. Using a normative research method and comparative analysis, the study finds that Islamic Criminal Law emphasizes the moral aspect, such as the prohibition against causing harm to others (la darbar wa la dinar), with penalties adjusted according to intent and the impact of the violation, such as visas, diyat, or ta'zir. On the other hand, Law No. 8 of 1999 emphasizes legal certainty through criminal sanctions to protect consumers. The study highlights the similarities between the two legal systems in consumer protection but also notes the differing approaches, with Islamic Criminal Law focusing more on moral responsibility. At the same time, positive law emphasizes a deterrent effect legally. This research is expected to contribute to improving consumer protection regulations that are more comprehensive and just
Modernization and Tradition: Kutai Kartanegara Government's Legal Policy in Maintaining the Existence of Erau Culture in the Era of Revolution 4.0 Taufiq, Muhammad; Tri Sukma, Ayu Mega; Suparno, Achmad Suparno; Yulianingrum, Aullia Vivi
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 10 No 1 (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.v10i1.6219

Abstract

In the Industrial Revolution 4.0 era, technological advancements present challenges and opportunities for preserving local wisdom. This study examines the sustainability of the Erau tradition in Kutai Kartanegara, which faces pressures from modernization. Using a normative legal approach and library research methods, this research explores the intersection of law, local wisdom, and digital transformation in cultural preservation. The findings highlight that while modernization may threaten cultural authenticity, strategic digitalization and legal protection can safeguard traditions from excessive commercialization. Government regulations, including regional policies on cultural preservation, play a crucial role in balancing industrial development with cultural sustainability. Furthermore, public awareness and active community engagement are essential in integrating traditional values with contemporary technological frameworks. By emphasizing the role of legal frameworks and digital innovation, this study provides strategic insights for policymakers in fostering a sustainable cultural heritage amidst globalization.

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