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INDONESIA
Jurnal Al-Dustur
Published by Institut Agama Islam Negeri Bone
ISSN : 26225964     EISSN : 26866498     DOI : -
Core Subject : Humanities, Art, Social,
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Al-Dustur is a Scientific Journal published by Department of Constitutional Law in Postgraduate Program of the State Islamic Institute (IAIN) Bone as a media of publishing and sharing the results of research and the development of Politic and Islamic Law. This journal contains articles that have never been previously published in the form of articles from research or applied research. All submitted articles will go through "peer-review process" after fulfilling the requirements according to the article writing guidelines. The publication of this journal every six months, namely in June and December.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
 1 
Search results for , issue "Vol 5, No 1 (2022)" : 7 Documents clear
THE VALIDITY OF MARRIAGE THROUGH “ITSBAT NIKAH” ACCORDING TO THE PERSPECTIVE OF THE PEOPLE OF KUTOREJO VILLAGE, KEPAHIANG, BENGKULU REGENCY Ainalmardhiaturrahman Ainalmardhiaturrahman
Jurnal Al-Dustur Vol 5, No 1 (2022)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v5i1.2436

Abstract

The Research is motivated by the phenomenon of massive sirri marriage in the village of Kutorejo Kepahiang, yet the legalization rate is still few. This is contrary to the Law. This research aims to contribute to the community to understand that marriage has been regulated in the Law so that the number of marriages can be suppressed and immediately strive for legalization. This thesis is a type of field research with descriptive qualitative writing methods and a normative sociological approach with legal theory. In collecting data, the author makes observations and interviews and then describes the data further analyzed according to the Law. The research concluded that the number of Itsbat Nikah  is inversely proportional to the number of sirri marriages in Kutorejo village due to the public’s lack understanding of government laws and programs. There is no absolute socialization of the village in bridging the recording of sirri marriages. The motives of the community in applying for marriage licenses vary, including ease of access to public services, legal status rights of marriage, property rights to inheritance rights so that people's views on the legalization of marriage are pursued.
A CRITICAL REVIEW OF PERATURAN PEMERINTAH REPUBLIK INDONESIA NOMOR 70 TAHUN 2020 CONCERNING THE IMPLEMENTATION OF CASTRATION FOR SEXUAL CRIMES: IN THE PERSPECTIVES OF MAQASHID SHARIA Luciana Anggraeni
Jurnal Al-Dustur Vol 5, No 1 (2022)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v5i1.2344

Abstract

This research was conducted to analyze the implementation of the law of castration from the perspective of Maqashid Syariah. In Indonesia today there are many criminal acts of rape against women and children. As an alternative punishment with castration as formulated in Law Number 70 of 2020. The method used is normative juridical research, namely research to find legal doctrines or principles, ijma’ (opinions of scholars), therefore in this study the author tries to understand the conversation about sexual deviation, especially those that discuss the application of castration sanctions against sex offenders. This research is a juridical normative research which is viewed from the perspective of Maqashid Shari'ah. In Islamic law, punishment for perpetrators of sexual crimes is given in the form of stoning and whipping. Castration punishment is not in accordance with Maqashid Shari'ah because it can damage human beings which is contrary to the hifdzun of the nafs. First, Islamic sharia has strictly prohibited castration on humans, without any difference of opinion (khilafiyah) among the fuqaha. Second, in terms of the castration method used is the injection method. Third, that which is injected is the hormone estrogen, the law is also haram, because it causes the castrated male to have physical characteristics like women. Based on the 3 reasons, it is unlawful to impose castration on perpetrators of sexual crimes.
THE HOLY QURAN PERSPECTIVE OF BUSINESS COMPETITION Arini - Pratiwi; Hasyim Aidid; Misbahuddin Misbahuddin
Jurnal Al-Dustur Vol 5, No 1 (2022)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v5i1.2388

Abstract

This research aims to find out the term, the definition of business competition from the Qur'an perspective and to know the concept of business competition from the Qur'an perspective so that it can be a contribution to the treasures of Islamic economic science development and increasingly believe that the Qur'an can be a form of guidance in implementing healthy business competition for the realization of the primary purpose of Islamic law, namely the benefit of the ummah. The types of research used in this research are library research and doctrinal research by using descriptive analysis to describe the focus of the problem to be discussed objectively. The analysis method is used to obtain and find out the study of business competition from the Perspective of the Qur'an. The approach used is the theological, religious approach and conceptual approach. The conceptual approach is used concerning views and doctrines in Islamic law. The results of the study found that the terms of business competition in the Qur'an are not found in the Qur'an but can use the words سبق and استبق to refer to competition. While the terms of competition are found in QS. Al Baqarah (2):148, QS. Al Maidah (5):48, QS. Al Mu'minun (23):61. There are two concepts of competition for the Qur'anic perspective, first based on QS. Al Baqarah (2): 148, QS. Al Maidah (5): 48, QS. Al Mu'minun (23): 61 shows the conclusion that competing/competing is an attempt to compete positively (فَاسْتَبِقُوا الْخَيْرَات) by contributing sufficiently and not getting rid of entrepreneurs / other business actors and telling entrepreneurs/business actors not to harm and endanger other businessmen/business actors; To realize healthy business competition and improve the welfare of the people, every business actor must compete to provide the best products/services for consumers regardless of whether the consumer has differences in religion, ethnicity, race, or culture with business actors. Second, the concept of business competition obliges all his people to seek sustenance from the expanse of God's gift in a halal way where the search for sustenance must be carried out based on the path of goodness for happiness and benefit of humanity. The basic principles that underlie the obligation to seek halal sustenance have been affirmed by Allah SWT in Q.S. al-Mulk: 15 and Q.S. Al Baqarah: 168.
LEGAL PROTECTION OF PERSONAL DATA BASED ON REGULATION IN INDONESIA Jumriani Nawawi
Jurnal Al-Dustur Vol 5, No 1 (2022)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v5i1.2581

Abstract

This research focused on how positive law provides legal protection against the use of personal data in Indonesia. This research aims to find out the various problems related to legal protection of the use of personal data based on human rights principles by providing benefits and guarantees of legal certainty for the public against the protection of personal data both electronically and non-electronically. This type of research is normative juridical research. Research is carried out qualitatively by relying on library research studies. The results showed that forms of abuse such as theft and the sale of personal data violate the law in information technology and can also be categorized as a violation of human rights because personal data is part of human rights that must be protected. Legal protection of personal data in Indonesia from a positive legal perspective has been realized by several regulations that regulate. Still, no one has comprehensively regulated the protection of personal data.
THE IJTIHAD OF MUHAMMADIYAH ON THE SPREAD OF THE COVID-19 OUTBREAK IN INDONESIA Ashfa Afkarina
Jurnal Al-Dustur Vol 5, No 1 (2022)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v5i1.1915

Abstract

This article wants to discuss the Ijtihad of Muhammadiyah in the Covid-19 pandemic outbreak in Indonesia. In order to achieve this goal, with a literature approach, this article will answer two important questions, namely how the efforts of Ijtihad Muhammadiyah deal with the Covid-19 outbreak, then furthermore, why the context of Muhammadiyah ijtihad is very important, and in any form ijtihad from Muhammadiyah. Indeed, scholars pay great attention to this ijtihad problem, Muhammadiyah people pay attention to the Muhammadaiyah circular, but the focus of this article has not been a concern for the Muhammadiyah community. Therefore, this study is the first step to exploring the problem. This article argues that in its ijtihad, Muhammadiyah issued ijtihad, replacing Friday prayers with zuhr prayers and jama'ah prayers replaced with prayers in their respective homes, the worship of funeral prayers instead of ghaib prayers, takziah activities carried out online. In treating Muhammadiyah corpses, it is argued that it should be considered to follow health protocols if it is considered an emergency to avoid direct contact with the family or medical personnel with Covid-19 corpses; the body is buried without having to be bathed and shrouded. This is done on the basis of avoiding the immudharotan takes precedence over bringing benefits. It is also based on the hadith that states there is no harm and youth. Religious orders must be carried out efficiently and should not be emphasized if there are uzur, such as during the Covid-19 pandemic. 
THE REFLECTION OF MEDINA CHARTER AS A BASIS FOR RELIGIOUS MODERATION IN INDONESIA Hamzah Hamzah
Jurnal Al-Dustur Vol 5, No 1 (2022)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v5i1.2601

Abstract

Religious moderation is a government program that is encouraged in response to the movement of separates, independence, radicalism and terrorism. The existence of religious moderation has been pursued in various spaces as a form of internalization of moderate attitudes in state life. However, it is not impossible that religious moderation drew criticism because it is considered to moderate the Religion of Islam as something final. To urge to highlight religious moderation based on the Medina charter as an embodiment of tolerance. This study aims to describe the reflection of the Medina charter as a basis for religious moderation in managing the country and, in addition, reveal the dimensions of the Medina Charter, which is full of tolerance and moderate values. Meteorologists in this study used a literature method with the conceptual study. The approach used is a theological, historical and sociological approach, with descriptive-analytical analysis methods. The results of this study showed the construction of the Medina charter as a peace treaty and at the same time as the constitution of Medina. The Charter of Medina is referred to as the constitution because it has qualified the form and content of a constitution. The Medina Charter can be called a base of religious moderation. It can be seen from the indicators of religious moderation that they are full of the values of state unity, peace and tolerance. The rhythm of tolerance is evidence of the breath of the Medina charter inherent in religious moderation in heterogeneous cultures.
COSMOLOGY IN ISLAM, CONSTRUCTING ISLAMIZATION OF NATURE SCIENCE Muhammad Fiqih Cholidi; Safiya Fadlulah
Jurnal Al-Dustur Vol 5, No 1 (2022)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v5i1.2572

Abstract

Cosmology is one of the philosophical and scientific objects that become attention in Greek philosophers, especially Aristotle. However, with the times, this cosmology was found in The Qur’an, exactly in the concept of the sky and earth creation which was written and explained by the creator Himself. Then, Islamic scholars and philosophers come up with this issue and choose it as a medium in constructing Islamic science or Islamization of Nature Knowledge that faces fundamental basic deconstruction, so it causes the epistemological flaw in modern science’s body. Seyyed Hossein Nasr, as the inspirator for sacred science, popularize cosmology as one of Islamic science based on him. Past Muslim scholar, Al-Farabi, involved cosmology in integrating Islam and knowledge before. The interesting thing that will be solved in this article is how Muslim scientist, Fakhruddin Ar-Razi interprets creation signs as the source of cosmology in Islam, which leads this toward signs for thinkers. Not only, these cosmology concepts derived from contemporary Muslim scholars and philosophers will also explain the wisdom behind the creation of nature from its microcosmic and macrocosmic not only for increasing people’s faith nor sign but one of the main concepts of Islamization Nature Knowledge, because it is derived from main Muslim guidance, namely The Qur’an Al-Karim.

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