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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 106 Documents
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LEGAL CONSEQUENCES OF EMPLOYER NON-COMPLIANCE IN FULFILLING SOCIAL SECURITY OBLIGATIONS FOR WORKERS SUBJECTED TO UNILATERAL TERMINATION Putri, Amelia Natalie; Gunadi, Ariawan
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.v8i1.8702

Abstract

Labor social security is a fundamental right guaranteed by the state to protect workers from social and economic risks, including unilateral termination of employment. However, in practice, many employers fail to comply with their obligations to provide social security benefits to workers who have been unilaterally dismissed. This non-compliance has severe consequences for workers' well-being and legal implications for employers. This study aims to analyze the legal implications of employers' non-compliance in providing social security benefits to workers affected by unilateral termination and examine the government's role in enforcing the law and protecting affected workers. The research employs a normative juridical method with a statutory and case approach. The findings reveal that employers' failure to pay labor social security contributions can result in administrative, civil, and criminal sanctions under Law Number 24 of 2011 on BPJS and Law Number 13 of 2003 on Manpower. Additionally, workers whose rights are violated can seek legal recourse through the Industrial Relations Court (PHI). The government plays a crucial role in ensuring employer compliance through supervision, law enforcement, and providing dispute resolution mechanisms and legal assistance for workers. This study concludes that enhancing regulatory effectiveness and monitoring employer compliance is essential to safeguarding workers' rights, maintaining economic stability, and promoting social welfare in Indonesia.
LEGAL CHALLENGES IN COVER SONG DISPUTES: A CIVIL PROCEDURAL PERSPECTIVE ON COPYRIGHT ENFORCEMENT Sari, Dewi Arnita; Hanani, Azka
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.v8i1.8795

Abstract

Cover song disputes have emerged as a significant concern within civil procedural law in the digital age, driven by the proliferation of online music platforms and frequent disregard of copyright compliance. This study aims to investigate the challenges faced by artists in understanding and adhering to song cover copyright regulations. Employing a qualitative methodology, the research gathered data through in-depth interviews with 50 purposively selected respondents, including musicians, producers, and legal professionals within the music industry. Thematic analysis was used to identify key patterns and themes, revealing that 60% of artists lacked awareness of the legal requirements for obtaining permission to create song covers, leading to increased legal uncertainty and disputes over intellectual property. These findings highlight the critical need for comprehensive educational initiatives and clearer regulatory frameworks to address this knowledge gap and support compliance. Enhancing copyright literacy among artists is essential to fostering a legally secure and balanced environment in the music industry. This study contributes to the existing literature on copyright challenges in the arts sector and underscores the urgent need for regulatory updates and practical measures to ensure fair use and protection of creators' rights in an increasingly digital music ecosystem. Future research should explore the dynamic interaction between evolving technologies and copyright law in shaping the practices of artists and the broader music industry, ensuring the sustainability and fairness of the creative economy.Top of Form
FIQH SIYASAH REVIEW OF THE CONSTITUTIONAL COURT'S STANCE REGARDING THE PARLIAMENTARY THRESHOLD Davil Oswan, Fakhri Muhammad; Edi, Relit Nur; Muhammad, Hasanuddin
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.v8i1.8826

Abstract

The purpose of this research is to analyze fiqh siyasah on the decision of the Constitutional Court Number 116/PUU-XXI/2023 on Parliamentary Threshold. Through a normative juridical approach and fiqh siyasah analysis, this research examines the principles of justice, deliberation and maslahat in accordance with sharia values in decision-making by the panel of judges. This research is normative juridical research, namely research by collecting primary and secondary legal materials that are relevant to research using a conceptual approach, to the decision of the Constitutional Court Number 116/PUU-XXI/2023 both in the study of constitutional law and fiqh siyasah. The results of this study found that the constitutional court emphasized a formal legal approach in decision making so that substantive justice was not achieved. This can be seen that the Constitutional Court continues to impose a parliamentary limit of 4% because it is considered not contrary to the principles of the 1945 Constitution. In the study of fiqh siyasah on the decision of the Constitutional Court Number 116 / PUU-XXI / 2023 concerning Parliamentary Threshold, it shows the lack of substantial judicial ijtihad value. The Court is more inclined to legal formalities than fighting for representative justice which should be the main focus. One of the ijtihad that can be used by the Constitutional Court is ijtihad ta'lili, which is ijtihad based on an analysis of 'illat al-ḥukm (the reason or cause of a legal provision). In this context, the Court should analyze whether the 4% threshold still meets the rationality of justice and democratic effectiveness, or has actually exceeded its original purpose and caused constitutional harm.
RECONSTRUCTION OF THE SCOPE SECURITY MANAGEMENT SYSTEM GOVERNMENT IN BONE REGENCY Bahri, Nurmaelya; S, Syahabuddin; Sugirman, A.
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.v8i1.8877

Abstract

The urgency of reconstructing the security management system within the scope of government in Bone Regency stems from the increasing complexity of governance and the evolving security challenges that threaten institutional stability and public trust. This study examines the legal foundation of the government security management system in Bone Regency, the concretization or practical implementation of the security management system, and the law enforcement of the government security management system in the region. Employing a normative-empirical legal study, this research utilizes a legislative approach, a case approach, and a conceptual approach. The legal materials analyzed include primary legal materials, secondary legal materials, and tertiary legal materials, with data collection methods consisting of observation, interviews, and documentation. Data processing and analysis are conducted through qualitative analysis to assess legal aspects and descriptive analysis to synthesize findings. The study reveals that while the security management system adheres to the principle of legality through standardized procedures based on existing laws and regulations, its practical implementation faces considerable obstacles. Limited infrastructure, technological constraints, and social disparities within institutions hinder comprehensive enforcement. Consequently, an urgent update to the security management system is necessary to foster preventive, responsive, and collaborative measures between leaders and security personnel, ensuring a more effective and resilient governance framework.
HOLDING EMPLOYEE DIPLOMAS: LEGAL IMPLICATIONS AND WORKERS' RIGHTS CONCERNS Indarta, Didiek Wahju; Mutmainah, Lailatul; Rahmania, Cindy Swastika
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.v8i1.9056

Abstract

The detention of diplomas is carried out under the pretext that employees do not resign before the contract period ends. However, this action raises legal problems because it has the potential to violate the basic rights of workers, especially the right to private property and freedom of work. This is because every individual has the constitutional right to maintain ownership of the assets he or she legally acquires, including the results of work or income that are part of his or her personal property. If the policies or actions of the company, the government, or other parties limit or even confiscate part of the property without a clear and fair legal basis, then this can be considered a violation of the principle of non-deprivation of property without due process. This study aims to examine the practice of diploma retention from the perspective of employment law based on Law Number 13 of 2003 concerning Manpower, as well as examine its legal implications for companies and workers. The research method used is normative juridical, with a legislative approach. The results of the study show that there is no strict provision in Law Number 13 of 2003 that allows the retention of diplomas by companies. On the contrary, the practice is contrary to the principle of protection of workers' rights regulated in the law and contrary to the principles of legal certainty and justice. Workers have the right to be actively involved in the process of drafting employment agreements through joint deliberation with employers, as stipulated in Article 52 of the Manpower Law. Diploma detention can be categorized as a form of violation of the law and the company can be subject to administrative or criminal sanctions if proven to be detrimental to workers. To overcome this, stronger and integrated law enforcement mechanisms are also needed, such as increasing the capacity and authority of labor supervisors, the establishment of special units to deal with violations of workers' rights, and the application of strict administrative and criminal sanctions against violating companies.
LOCAL WISDOM AS A FOUNDATION OF JUSTICE: EXAMINING POLYGAMY WITHIN ISLAMIC LAW IN SOUTH SULAWESI Muhammadong, Muhammadong; Asroni, Ahmad; Achmad Widodo, Syukri Fathudin; Faizal, Nadya; Tahir, Tarmizi
Jurnal Al-Dustur Vol 8 No 2 (2025): December
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v8i2.10391

Abstract

In South Sulawesi, justice in polygamy is not merely a matter of law—it is a living dialogue between divine principles and ancestral wisdom. This study explores how local wisdom, particularly the adat system, serves as a foundational pillar of justice in the practice of polygamy under Islamic law. Employing a qualitative methodology, the research draws on interviews and document analysis involving religious leaders, community elders and affected families. The findings reveal that while Islamic law provides the formal legal framework, local customs deeply influence its interpretation and implementation. Adat norms ensure that polygamy is practiced with fairness, emphasizing the equitable treatment of wives, fulfillment of economic responsibilities and preservation of familial harmony. These traditions act as a moral compass, guiding the community to uphold justice in ways that resonate with their social values. Rather than conflicting with Islamic principles, local wisdom complements them—creating a hybrid system that is both legally sound and culturally sensitive. The study concludes that integrating local wisdom into formal legal structures can enhance the contextual relevance and social legitimacy of family law. It recommends a pluralistic approach to justice that honors both religious doctrine and indigenous knowledge, fostering a more humane and balanced legal practice.

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