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Ma'adul Yaqien Makkarateng
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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 4 Documents
 1 
Search results for , issue "vol 9 no 2 (2026): december" : 4 Documents clear
ITHBĀT ʿANĀṢIR AL-MASʾŪLIYYAH AL-MADANIYYAH FĪ MUNĀZAʿĀT AL-ADWIYAH: DIRĀSAH MUQĀRINAH Nour Eddine LKAMEL; Mohammed SEMNOUN
Jurnal Al-Dustur Vol 9 No 2 (2026): DECEMBER
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v9i2.11450

Abstract

In the legal field, proof plays a fundamental role in ensuring justice and strengthening legal security, as it serves as the means to uncover the truths of facts and present evidence before competent judicial authorities to support or refute claims. Its importance becomes even greater when it concerns proving the conditions for civil liability in pharmaceutical cases, which are both legally and technically complex. Despite significant advancements in legislation aimed at protecting pharmaceutical users, substantial challenges remain in proving fault, defects, causation, and damages due to the technical complexity of pharmaceutical products. This study highlights these challenges and evaluates the adequacy of the current legal framework, focusing on the Moroccan context and comparing it to the French and American legal systems. By adopting a comparative analytical approach that examines legal texts and judicial positions, the study concludes that the current legal rules suffer from significant shortcomings in addressing pharmaceutical cases. It calls for improving evidentiary mechanisms, such as adopting presumed liability and shifting the burden of proof in favor of affected pharmaceutical users. Furthermore, the study proposes enacting specific legal provisions to facilitate the establishment of civil liability, enhancing the judiciary's role in adopting flexible judicial presumptions, implementing comprehensive documentation systems to ensure transparency in all stages of pharmaceutical production and distribution, and launching awareness campaigns to empower affected pharmaceutical users to understand and claim their legal rights.
INSTITUTIONALIZATION OF DA’WAH AND RELIGIOUS MODERATION: : A SIYĀSAH SYARʿIYYAH ANALYSIS IN GOWA REGENCY, INDONESIA St. Nasriah; Herman; Ramli; Siti Nurul Yaqinah; Andi Faris Andi Aderus
Jurnal Al-Dustur Vol 9 No 2 (2026): DECEMBER
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v9i2.11474

Abstract

Religious moderation has become increasingly important in addressing social fragmentation and maintaining peaceful coexistence within pluralistic societies. However, existing scholarship tends to emphasise top-down governmental policies, leaving limited attention to how non-state da’wah institutions internalise moderation values at the grassroots level. This study examines the institutionalisation of da’wah and its contribution to behavioural transformation through a siyāsah syar’iyyah perspective at the Ukhuwatul Islamiyah Da’wah Institution in Gowa Regency, Indonesia. Employing a qualitative case-study design, the study draws on semi-structured interviews with institutional leaders, da’wah activists, and selected congregants, complemented by institutional documents and field observations. Informants were purposively selected based on their involvement in the institution’s da’wah activities and their knowledge of its programmes and community practices. Data were analysed thematically through data reduction, coding, categorisation, and interpretation in relation to the principles of siyāsah syar’iyyah and religious moderation. The findings indicate that institutionalised da’wah facilitates behavioural transformation through persuasive communication, social habituation, and dialogic interaction. These processes translate moderation values into practices of mutual trust, solidarity, tolerance, and constructive civic engagement. From a siyāsah syar’iyyah perspective, such institutional practices demonstrate how non-state religious actors can contribute to social order and community cohesion without relying exclusively on formal state intervention. The study proposes a transformative-dialogic model of da’wah as an empirically grounded framework for understanding grassroots religious moderation, while recognising that its applicability beyond the Gowa case requires further comparative research.
TOWARDS CRIMINAL LAW REFORM PROTECTING COMMUNAL RIGHTS OF ASMAT CARVINGS IN INDONESIA Andi Suhidin; Hasbir Paserangi; Andi Tenri Famauri Rifai; Saharuddin S; Estalia Rona Ratu Roy
Jurnal Al-Dustur Vol 9 No 2 (2026): DECEMBER
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v9i2.11766

Abstract

This study examines the reform of criminal law protection of Asmat carvings as a form of traditional cultural expression and communal rights of the Asmat indigenous people in South Papua. The main problem lies in the ineffectiveness of the modern Intellectual Property Rights system based on individual ownership in protecting communal cultural heritage such as Asmat carvings that have spiritual, social, historical, and symbolic value. Various violations still occur, such as imitation of carving motifs, mass reproduction, commercial exploitation without permission, and registration of copyrights or industrial designs by outsiders without fair sharing of benefits for indigenous peoples. This study aims to analyze the legal protection of the Asmat carvings and formulate a criminal law reform model that is more responsive to the communal rights of indigenous peoples. The method used is normative legal research with a legislative approach, a conceptual approach, and a case approach supported by literature studies. The results of the study show that although the constitution, the Copyright Law, and the Law on the Advancement of Culture have provided normative recognition of communal rights, criminal law has not expressly accommodated communal ownership as an object of legal protection. The absence of special criminal offenses, difficulties in the evidentiary mechanism, weak institutional capacity, and lack of optimal integration between customary law and criminal law are the main obstacles, criminal law reform is needed through the recognition of indigenous peoples as legal subjects, the formulation of special criminal acts against the exploitation of traditional culture, the application of the principle of Free Prior Informed Consent (FPIC), and the integration of customary law in national law enforcement.
INTEGRATION OF LEGAL PSYCHOLOGY DIMENSIONS IN THE REHABILITATION MODEL FOR CHILD PERPETRATORS OF SEXUAL VIOLENCE Andy Parawansa; Musakkir; Wiwie Heryani; Abd. Asis; Ratnawati
Jurnal Al-Dustur Vol 9 No 2 (2026): DECEMBER
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v9i2.11225

Abstract

Child perpetrators of sexual violence have become an important concern in Indonesia because they challenge the juvenile justice system to balance legal accountability with rehabilitation. This study examines the factors contributing to child perpetrators of sexual violence and explores the integration of legal psychology dimensions into rehabilitation practices through an empirical legal study conducted at the Special Child Development Institution (LPKA) Class II Maros. The study involved 24 male juveniles aged 14–17 years and 2 LPKA officers. Data were collected through in-depth interviews, observations, and document analysis and were analyzed using a qualitative descriptive approach. The findings indicate that children’s involvement in sexual violence results from the interaction of internal factors, including psychological, biological, and spiritual aspects, and external factors, such as family conditions, social environment, and limited legal and sexuality education. These findings demonstrate that rehabilitation should extend beyond legal sanctions by incorporating legal psychology to address the underlying causes of offending behavior. This study contributes to the development of a rehabilitation model that integrates legal and psychological perspectives to support recovery, reduce recidivism, and strengthen the social reintegration of child perpetrators of sexual violence.

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