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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 112 Documents
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AUTHORITY OF CLASS I PENITENTIARIES BANDAR LAMPUNG AS A PUBLIC SERVICE IN HANDLING GLOBAL PANDEMIC Gromiko, Alek; Baharudin, Baharudin; R, Rosita
Jurnal Al-Dustur Vol 6 No 2 (2023)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v6i2.3042

Abstract

Prisons are closed places with high occupancy rates and are very vulnerable to the spread of Global Pandemic, so a policy from the government is needed to prevent the spread of Global Pandemic in the prison environment..This study uses a normative juridical approach and an empirical juridical approach. Collecting data by field studies and literature studies. Data analysis was carried out in a qualitative juridical manner, namely the analysis was carried out descriptively. Research results discussImplementing prison authoritiesis a Class I prison policy in Bandar Lampung which applies visitation restrictions for inmates in the form of online visits via Whatsapp media based on the instructions of the Director General of Corrections Number: PAS-08.OT.02.02 of 2020 concerning Prevention, Handling, Control and Recovery of Corona Virus Disease (Global Pandemic) at the Correctional Technical Implementation Unit. The inhibiting factor consists of interference with the internet connection at the destination number. is a network problem that is used for online visitation services with the Correctional Database System and does not yet have a special network with the Correctional Database System and the current factor of facilities for video call services is still very lacking, because when conditions are crowded the queues of inmates to be able to use online visit services are sufficient long.
RESTORATIVE JUSTICE: A NEW APPROACH TO RESOLVING DOMESTIC VIOLENCE Jidatul Haz, M. Aaz; Wathoni, Lalu Muhammad Nurul; Zulkarnain, Zulkarnain; Maghfurrahman, Muhammad; Baldan Haramain, Fathur
Jurnal Al-Dustur Vol 7 No 2 (2024)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v7i2.7399

Abstract

Domestic Violence (a.k.a KDRT) has been identified as a form of crime that falls into the category of "hidden crime". Handling through the conventional criminal justice system often faces serious obstacles, especially because victims often experience deep trauma. In addition, when these cases are presented in court, the justice obtained is often unsatisfactory for both the perpetrator and the victim. As an alternative, the Restorative Justice approach emerged as an attempt to provide a more holistic solution. Restorative justice focuses on returning losses to victims, improving the perpetrator's behavior, and providing opportunities for perpetrators to reintegrate into society without experiencing stereotypes. In the Indonesian context, this research aims to explore more deeply the implementation of restorative justice, including its legal basis, procedures, and carry out analysis using the concept of legal pluralism proposed by Werner Menski. This research is normative juridical in nature, with data collection carried out through documentation studies and interviews. Research findings show that the implementation of restorative justice in Indonesia is supported by a strong legal foundation. However, there are still obstacles in accommodating the three elements of legal pluralism proposed by Menski. In other words, even though restorative justice has been formally recognized, its implementation still needs to be improved to more effectively achieve the desired restorative goals.
GENERATION Z INVOLVEMENT IN HALAL ECOSYSTEM Ishak, Dandi; Akmal, Fadil Aulyah; Halide, Nirwana
Jurnal Al-Dustur Vol 7 No 2 (2024)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v7i2.7199

Abstract

Generation Z's involvement in the halal ecosystem in Indonesia, which has the largest Muslim population in the world, with a population of 277.53 million, of which 86% are Muslim, Indonesia has great potential to become a global halal product center. Generation Z, which consists of around 75.49 million people or 28% of the total population, shows high awareness of the halal lifestyle, which is reflected in their consumption patterns which are more critical and selective towards halal products. Generation Z influences their preferences for halal products, including easy access to information through social media and attention to health, sustainability, and social justice. Their involvement in the halal ecosystem is not only as consumers, but also as agents of change that can encourage the growth of the halal industry in Indonesia. In order to improve halal education and awareness programs among Generation Z through seminars, workshops, and information campaigns on social media, as well as involving halal industry practitioners. Thus, it is hoped that Generation Z can contribute significantly to the development of the halal market in the future, in line with existing regulations, such as Law No. 33 of 2014 concerning Halal Product Assurance. The active involvement of Generation Z in the halal ecosystem in Indonesia shows great potential for the growth and development of a sustainable halal industry.
A JURIDICAL EXAMINATION OF MARRIAGE DISPENSATION AND DIVORCE IN RELIGIOUS COURT; INSIGHTS FROM SADD AL-DZARĪ‘AH Maryam, Hannat Waladat; F, Fikri; A, Aris; Basri, Rusdaya; Haq, Islamul
Jurnal Al-Dustur Vol 7 No 2 (2024)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v7i2.7183

Abstract

Unraveling the intricate dynamics of marriage dispensations and divorces, this study dives deep into the Sidenreng Rappang Religious Court which is located at South Sulawesi, through the lens of Sadd al-Dzarī‘ah. This is a field research study employing a juridical, anthropological, and socio-legal approach. The data analysis utilizes theories of social conflict, law enforcement and sadd al-Dzarī‘ah. Findings indicate that the primary trigger for marriage dispensation applications is premarital pregnancy resulting from free sexual interactions, which neglects children's rights. Law enforcement in cases of divorce following underage marriage reflects justice, certainty, and legal utility without compromising the best interests of underage marriages. The application of sadd al-Dzarī‘ah aims to reduce marriage dispensations and divorces, prioritizing preventive measures and closing opportunities that could harm the future and interests of underage marriages.
INTEGRATION BETWEEN REASON AND REVELATION IN THE GROUNDING OF ISLAMIC LAW IN THE CONTEMPORARY ERA J, Jumarni; M, Misbahuddin; K, Kurniati
Jurnal Al-Dustur Vol 7 No 2 (2024)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v7i2.7704

Abstract

The purpose of this study is to investigate the formulation of the dilemma concerning the incorporation of revelation and reason in the foundation of Islamic law in the contemporary era. The inquiry that has been posed for investigation is as follows: In what ways might the combination of reason and revelation have an impact on the evolution of Islamic law in the present day? The method that is utilized is library research with a descriptive-analytical approach. In this method, the author examines relevant material in order to get insights into this integration. The findings of this study suggest that the combination of reason and revelation has the potential to not only offer solutions to the problems that are currently confronting Islamic law, but also to encourage the construction of laws that are more sensitive to the advancements that have occurred in the areas of social governance, politics, and the economy. It is anticipated that this research will make a contribution to the creation of Islamic law that is both adaptable and just in the context of the modern world.
THE ISLAMIZATION OF THE MALAY SULTANATE: TRACING THE HISTORICAL ROOTS OF ISLAMIC INFLUENCE IN MALAYSIA S, Samsidar; S., Syamsuduha; Pababbari, Musafir; Shafiq, Kamaruzzaman
Jurnal Al-Dustur Vol 7 No 2 (2024)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v7i2.6810

Abstract

The development of Islam in Malaysia is an interesting phenomenon to study. As a country with a majority Muslim population, Malaysia has its own dynamics in the process of Islamization and the evolution of Islamic thought in this region. The process of Islamization in Malaysia cannot be separated from the central role of the Malay sultanates, which helped spread and develop the teachings of Islam since the 13th century. Through political power and trade relations, Islam was deeply rooted in the culture and identity of the Malay people. In its development, Islam in Malaysia underwent various transformations. From traditionalism to modern revivalism, Islamic thought and movements in the country continue to evolve in line with political, social and cultural dynamics. The Islamic revival that occurred since the 1970s also colored the religious landscape in Malaysia. The issue of the relationship between Islam and politics has also become one of the main focuses in the development of Islam in Malaysia. The interaction between religion and the state, as well as its implications for people's religious life, is a hot topic that continues to be debated. In addition, Malaysia is also known as a country with religious and cultural diversity. In this context, maintaining inter-religious harmony is a challenge for the Muslim community in Malaysia. The development of Islam in Malaysia also includes the aspect of education, where traditional Islamic education systems such as Islamic boarding schools are developing parallel to the establishment of leading Islamic universities. This dynamic has helped shape the character of Islamic thought and spirituality in Malaysian society.
EARLY DOCTRINAL DEVELOPMENTS AND THE ISLAMIZATION OF MOVAROUNNAHR Primov, Soatmurod Uralovich
Jurnal Al-Dustur Vol 7 No 2 (2024)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v7i2.7381

Abstract

The study of early doctrinal developments in Movarounnahr is critical for understanding the region's intellectual and theological evolution, particularly during the Islamization period. This research employs historical analysis, textual criticism, philological studies, and comparative analysis of religious doctrines to uncover the emergence and spread of theological schools such as Najjariya, Karromiya, and Moturidia. Primary sources, including chronicles, manuscripts, and inscriptions in Arabic, Persian, and Turkish, provide insights into the social, political, and intellectual contexts of the era. The findings reveal that while Bukhara was the political center, Samarkand maintained its cultural significance, preserving traditional values and fostering new theological doctrines. The spread of Abu Hanifa's teachings, brought back by scholars from Kufa, significantly influenced the Hanafi jurisprudence in regions like Balkh and Rai. Support from the Abbasid caliphs further solidified the Hanafi school's presence in Khurasan and Movarounnahr, with Samarkand and Bukhara becoming key centers of Hanafi thought. These findings underscore the importance of interdisciplinary approaches in reconstructing the intellectual landscape of early Islamic Movarounnahr.
MAQĀṢID AZ-ZUWĀJ ASY-SYARʿIYYAH; DIRĀSATUN LI-AHAMM MAQĀṢID AZ-ZAWĀJ AL-AṢLIYYAH WA AT-TABAʿIYYAH Firano, Ismail
Jurnal Al-Dustur Vol 7 No 2 (2024)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v7i2.7131

Abstract

The essence of Islamic law lies in promoting and fulfilling the well-being of people while preventing and minimizing harm in their religious and worldly affairs.  Therefore, understanding the objectives of Sharia in the institution of the family is crucial and urgent, especially given the immense challenges faced by Muslim societies today. The primary path to family formation is marriage, which, according to the Quran, is not merely a means for preserving the human race but also a way to achieve psychological reassurance, inner peace, and emotional tranquility.  Islam places great emphasis on the family, providing care and guidance, and outlining the paths that enable it to fulfill its roles in building a strong society characterized by righteousness, justice, love, compassion, harmony, and happiness. To delve deeper into this topic, this study employed a qualitative research methodology, relying on primary sources from the Quran and Sunnah, and secondary sources from books of Tafsir (Quranic exegesis), Fiqh (Islamic jurisprudence), and Usul al-Fiqh (principles of Islamic jurisprudence). When God Almighty connects marriage to the sexual instinct, it is not merely for the fulfillment of desire, but rather to achieve higher purposes, such as establishing the family as the foundation of society and raising children according to the wise principles of Sharia.  Therefore, God has established pillars and conditions for marriage, along with objectives and goals.  When these are observed, marriage fulfills its positive impacts on various aspects of society.  However, neglecting these objectives disrupts the intended purpose of marriage, leading to dysfunction, marital and social problems, and a deviation from the purity, love, and serenity that are desired for life.  These problems can only be addressed by preserving, caring for, and upholding the true objectives of marriage. إن الشريعة الإسلامية لها روح وهي جلب مصالح العباد وتكميلها، ودفع المفاسد عنهم وتقليلها في دينهم ودنياهم، ومن هنا فإن الكشف عن مقاصد الشريعة في مؤسسة الأسرة أمر ضروري وملح، تزداد الحاجة إليه في ظل التحديات الهائلة التي تعيشها المجتمعات المسلمة قاطبة. والسبيل الأول لتكوين الأسرة هو نظام الزواج الذي يعد في حكم القرآن ليس وسيلة لحفظ النوع الإنساني فقط، بل هو فوق ذلك وسيلة للاطمئنان النفسي والهدوء القلبي والسكن الوجداني، ولما كان الأمر كذلك اهتم الإسلام بالأسرة وأحاطها برعايته وعنايته، ورسم لها السبل التي تؤهلها للقيام بمهامها في بناء مجتمع قوي يسوده الصلاح والعدل، وتنتشر فيه روح المودة والمحبة والألفة، وترفرف عليه أعلام السعادة والهناء .وللتعمق في هذا الموضوع، اعتمدت هذه الدراسة على منهجية البحث المكتبي، بالاعتماد على مصادر أولية من القرآن الكريم والسنة النبوية، ومصادر ثانوية من كتب التفسير والفقه وأصول الفقه وحينما يربط الله تعالى الزواج بغريزة الجنس لم يكن ليقصد مجرد قضاء الشهوة، بل قصد أن يكون على النحو الذي يحقق تلك المقاصد العظيمة المتمثلة في تكوين الأسرة عمادِ المجتمع، وتربية الأبناء وفق قواعد الشرع الحكيم، فلذلك تجده سبحانه جعل للزواج أركانا وشروطا لا يتحقق بدونها، كما جعل له مقاصد وأهدافا وغايات إذا روعيت حقق آثاره في المجتمع في شتى مناحي الحياة، وإذا أهملت تلك المقاصد أو أخل بها لم يتحقق المعنى المقصود من الزواج، وتعطلت الحياة واضطربت، وظهرت المشكلات الزوجية والاجتماعية، وتزداد هذه المشكلات على حسب ما يهمل من تلك المقومات والمقاصد، ولا يمكن علاجها والعودة بالحياة إلى ما يرجى لها من طهر وود وصفاء، إلا بالحفاظ على تلك المقاصد والعناية بها ورعايتها حق رعايتها
MULTIPLICITY OF CRIMES IN INDONESIAN LAW: REGULATION AND DETERMINATION OF CONCURSUS REALIS Rannu, Delycia Anwar; Adhari, Ade
Jurnal Al-Dustur Vol 8 No 1 (2025)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v8i1.8633

Abstract

Concursus realis, or the accumulation of criminal acts, is crucial because it ensures that multiple offenses committed by the same individual are properly addressed within the judicial system. Indonesia, as a state governed by law as stipulated in Article 1 paragraph (3) of the 1945 Constitution, upholds justice and legal certainty as the primary principles of its penal system. This study aims to analyze the regulation of concursus realis in Indonesian criminal law and its application in court rulings. The research employs normative legal methods with a statutory and case analysis approach, utilizing secondary data from regulations, doctrines, and jurisprudence, which are analyzed. The findings reveal that concursus realis is regulated under Articles 65 and 66 of the Indonesian Penal Code (KUHP) and Articles 58 and 59 of Law No. 1 of 2023, stipulating cumulative penalties for independent criminal acts within a series of events, with the maximum sentence of the most severe offense increased by one-third. The application of concursus realis in judicial practice shows significant variation, influenced by judges' interpretations of the 'series of events' concept, yet often inconsistent due to the lack of technical guidelines. Therefore, regulatory revisions and the harmonization of interpretations are essential to ensure that the application of concursus realis supports the realization of justice and legal certainty.
THE APPLICATION OF PLATELET-RICH PLASMA (PRP) IN AESTHETIC TREATMENTS: A CONTEMPORARY FIQH PERSPECTIVE Arif, Achmad; Kanggas, Fazari Zul Hasmi; Rachmawati, Andini; Hidayati, Rosidah; Kurniawan, Cecep Soleh
Jurnal Al-Dustur Vol 8 No 1 (2025)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v8i1.8690

Abstract

Platelet-Rich Plasma (PRP) treatment has gained significant attention as a cosmetic procedure in recent years, becoming a sought-after method for enhancing skin quality. Offered extensively in beauty clinics, both men and women pursue PRP treatment to reduce wrinkles, improve facial scars, and achieve a more youthful radiance. This procedure involves drawing a patient’s blood, processing it to isolate the plasma, and then injecting it into the facial area to stimulate collagen production and skin rejuvenation. This study explores the practice of PRP treatment in beauty clinics and examines its legal status from the perspective of contemporary Islamic jurisprudence (fiqh). Using a qualitative descriptive method and a library research approach, it analyzes primary sources such as the Qur’an, Hadith, and classical Islamic texts, complemented by secondary sources including modern scholarly literature. The research aims to assess whether PRP treatment aligns with Islamic ethical and legal principles. Findings indicate that, according to contemporary fiqh, PRP treatment performed for non-essential (tahsiniy) cosmetic purposes is deemed impermissible (haram). However, when used for medical or necessary (dharuriy) purposes, such as treating severe skin conditions or injuries, it may be considered permissible. This conclusion is drawn from scholarly ijtihad, fatwas issued by the Indonesian Council of Ulama (MUI), and the principles of Maqasid al-Shariah. The study highlights the need for further scholarly discourse to establish clear legal guidelines regarding PRP treatment, ensuring a well-informed approach that aligns with Islamic principles.

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