cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Ma'adul Yaqien Makkarateng
Contact Email
maadulyaqien.m7w@gmail.com
Phone
+6281259984383
Journal Mail Official
jurnal.aldustur@gmail.com
Editorial Address
Jl. HOS. Cokroaminoto No. 9, Watampone, 92731, Indonesia
Location
Kab. bone,
Sulawesi selatan
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 129 Documents
 9   10   11   12   13 
AT-TAHLIIL AL-MUQARIN LI AN-NAZARIYYAT AL-KALASIKIYYAH WA AL-MUASIRAH FI AL-AKHLAQ AL-IQTISADIYYAH AL-ISLAMIYYAH:: TATAWWUR MIN AL-USUS AL-MANARIYYA ILA AL-TATBIQAT AL-HADITHAH Auliya Ghazna Nizami; Abdul Mustaqim; Moh. Mufid
Jurnal Al-Dustur Vol 9 No 1 (2026): JUNE
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v9i1.10827

Abstract

This study provides a comprehensive comparative analysis of classical and contemporary theories in Islamic economic ethics, examining the evolution from foundational principles established by early Muslim scholars to modern applications in the global economy. Through a systematic literature review of 47 scholarly works published between 2015-2025, this research identifies key distinctions in methodological approaches, practical applications, and theoretical frameworks between classical and contemporary Islamic economic thought. Classical theories, primarily developed by scholars such as Abu Yusuf, Al-Ghazali, and Ibn Khaldun, emphasized normative foundations rooted in Quranic injunctions and prophetic traditions, focusing on local community welfare and direct moral governance. Contemporary theories, advanced by scholars like M. Umer Chapra, Monzer Kahf, and Syed Nawab Haider Naqvi, integrate traditional Islamic principles with modern economic challenges, emphasizing institutional frameworks, global applicability, and empirical methodologies. The findings reveal significant complementarity between both approaches, with classical theories providing immutable ethical foundations while contemporary theories offer adaptive mechanisms for complex modern economies. The study concludes that successful implementation of Islamic economic ethics requires synthesis of classical normative principles with contemporary institutional innovations, particularly through maqashid al-shariah frameworks that bridge traditional wisdom with modern economic realities.
MONETARY MISGOVERNANCE AND INFLATION IN INDONESIA: REVISITING AL-MAQRĪZĪ THROUGH SIYASAH MĀLIYAH AND VECM EVIDENCE Rusnaena R; Muhammad Majdy Amiruddin; Umaima U; Nur Isma Padila
Jurnal Al-Dustur Vol 9 No 1 (2026): JUNE
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v9i1.10919

Abstract

This article examines inflation in Indonesia as a problem of monetary misgovernance through the lens of al Maqrīzī’s siyasah māliyah. While inflation is commonly analyzed through money supply, exchange rate movement, and institutional quality, this study argues that these variables also reflect deeper ethical questions concerning monetary authority, fiscal accountability, and distributive justice. Using a sequential explanatory mixed method design, the study first applies a Vector Error Correction Model to quarterly Indonesian data from 2000 to 2024. The model examines the long term relationship between inflation, broad money supply, real exchange rate movement, and the Corruption Perception Index, here abbreviated as CPerI to avoid confusion with the Consumer Price Index. The findings show that a 1 percent increase in broad money supply raises inflation by 0.28 percent within three quarters, a 1 percent real exchange rate depreciation increases inflation by 0.19 percent, and a one point decline in CPerI increases inflation by 0.12 percent within two quarters. These quantitative findings are then interpreted through textual analysis of al Maqrīzī’s Ighāthat al Umma and expert interviews. The integrated analysis shows that al Maqrīzī’s critique of excessive fulūs circulation, currency debasement, and corrupt fiscal extraction corresponds to contemporary problems of irresponsible liquidity expansion, currency instability, and weakened governance integrity. The article contributes to Islamic public finance by developing an ethical institutional model of inflation, in which price instability is understood not only as a macroeconomic outcome, but also as a failure of amanah, wilayat al mal, and distributive justice.
FROM KINETIC VIOLENCE TO DIGITAL FEAR: PARADIGM SHIFTS IN NATIONAL LEGAL RESPONSES TO CYBERTERRORISM IN INDONESIA AND UNITED STATES Nadiah Khaeriah Kadir; Judhariksawan J; Syamsuddin Muhammad Noor; Maskun M.; Imelda Hermilinda Abas
Jurnal Al-Dustur Vol 9 No 1 (2026): JUNE
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v9i1.11107

Abstract

The evolution of terrorism from conventional physical violence to the mass production of digital fear has redefined cyberspace as a critical arena for contemporary security threats. Cyberterrorism, characterized by borderless operations and transnational impacts, poses profound challenges to national legal systems that remain predominantly grounded in territorial sovereignty paradigms. This article aims to analyze the reorientation of national legal frameworks in response to the qualitative shift from traditional counterterrorism models toward regulatory architectures capable of addressing digital disruption. Utilizing a normative-doctrinal legal research method with a comparative approach between Indonesia and the United States, this study evaluates the coherence, adequacy, and effectiveness of national cyber regulations in confronting transnational threats. The findings reveal a significant divergence in legal approaches. the United States has integrated the effects doctrine and the protective principle to extend extraterritorial jurisdiction, whereas the Indonesian legal landscape remains sectoral and fragmented, resulting in enforcement lacunae and conceptual ambiguity. This study asserts that regulatory disparities and the absence of a harmonized statutory definition undermine cross-border cooperation and international legal certainty. The novelty of this research lies in its reframing of cyberterrorism as a qualitative transformation—shifting from acts of physical violence to the generation of digital fear—and offers insights for transitioning toward a more cohesive, technologically neutral legal model.
FROM MEDIATION TO ADVOCACY: POST-DIVORCE WOMEN’S EMPOWERMENT THROUGH RELIGIOUS COURT PRACTICES IN SOUTH SULAWESI, INDONESIA Saidah; Badruzzaman; Nur Afiah; Luthfiah. M; Nur Awaliyah
Jurnal Al-Dustur Vol 9 No 1 (2026): JUNE
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v9i1.11184

Abstract

This study investigates the transformation of court-based mediation from a dispute resolution mechanism into an advocacy-oriented legal strategy for women’s empowerment after divorce in South Sulawesi, Indonesia. Using a qualitative field research design, the study examines how mediators within the Religious Court system facilitate women’s access to post-divorce rights, address power imbalances during mediation, and link legal procedures with psychosocial and economic support networks. Data were generated through in-depth interviews, participant observation, and document analysis involving mediators, divorced women, judges, legal practitioners, government officials, and civil society organizations. The findings demonstrate that mediators increasingly operate as legal-humanist advocates who translate complex legal norms into accessible knowledge, create safer and more equitable negotiation spaces, and mitigate structural vulnerabilities stemming from low legal literacy, economic dependency, and persistent social stigma. Three key contributions of court-based mediation are identified: legal empowerment through rights clarification, gender-sensitive mediation that rebalances unequal power relations, and cross-sector referrals that enhance women’s resilience and post-divorce autonomy. Nevertheless, the effectiveness of these practices remains limited by systemic constraints, including fragmented institutional authority, procedural rigidity, and weak post-judgment enforcement, which often produce legal alienation and undermine women’s advocacy capacity. The study argues that sustainable post-divorce empowerment requires the institutionalization of integrated advocacy models within the court system and concludes by highlighting the importance of cross-sector collaboration through a “closing the loop” framework connecting mediators, legal aid institutions, and women’s protection agencies, alongside reforms in mediator training to incorporate post-judgment advocacy as a core competency.
ELECTION OF LEADERS IN MUSLIM MINORITY AREAS: THE PERSPECTIVE OF MAQĀṢID AL-SYARĪ‘AH ON THE AUTHORITY OF THE PAPUAN PEOPLE'S ASSEMBLY Sabar Podu; Lukman Ansar; Tarmizi Tarmizi; Zulfadli Zulfadli; Dewi Arnita Sari
Jurnal Al-Dustur Vol 9 No 1 (2026): JUNE
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v9i1.11271

Abstract

The Papuan People’s Assembly (MRP) has the constitutional authority to provide input in the selection of regional leaders as a means of protecting the rights of the indigenous Papuan people (OAP). However, the implementation of this authority poses a unique challenge in regions with Muslim minorities, which are characterized by religious and ethnic pluralism as well as local political dynamics. This study aims to analyze the role of the MRP in the election of regional leaders through the perspective of maqāṣid al-syarī‘ah as an inclusive ethical framework for public policy. This study employs a qualitative approach with a literature review design and descriptive analysis of legal texts, legal literature, political literature, and contemporary concepts of maqāṣid. The research findings indicate that the principles of maqāṣid, particularly the protection of life, mind, and the public welfare, are relevant for evaluating the ethical considerations of the MRP without turning it into an instrument of religious exclusivism. The contribution of this study lies in the development of maqāṣid al-syarī‘ah as an interfaith ethical framework in regional leadership governance and the strengthening of the MRP’s normative legitimacy within the context of Papuan pluralism. This study concludes that the maqāṣid approach is capable of bridging Papuan customary values and democratic principles to promote justice, inclusivity, and social harmony.
INTEGRATING SHARIA AND MARIFA: TRANSFORMING SHEIKH YUSUF AL-MAKASSARI’S DA’WA METHODOLOGY TOWARD AN INCLUSIVE DIGITAL RELIGIOUS HABITUS Arifuddin; Andi Aderus; Suriati; Firdaus Muhammad; Akhmad Fathur Fahlevi
Jurnal Al-Dustur Vol 9 No 1 (2026): JUNE
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v9i1.11376

Abstract

The polarization of contemporary religious discourse between rigid formal-legalism and superficial esoteric spiritualism in the digital sphere has precipitated a crisis of authority and social fragmentation that extensively threatens the stability of the global Muslim community. Although extant literature has widely explored classical thought, a significant methodological lacuna remains concerning the transformation of the 17th-century Sufi-jurisprudential synthesis as a strategic antithesis to ideological radicalism and the attenuation of religious meaning within the current cyber ecosystem. This research undertakes a scholarly intervention through a Gadamerian hermeneutic approach to the authentic manuscripts of Sheikh Yusuf Al-Makassari to reconstruct a multidimensional da’wa framework that coherently integrates the levels of sharia, tariqa, haqiqa, and marifa as structures for social transformation. The analysis reveals that the integration of these exoteric and esoteric dimensions fosters a solution-oriented religious ethic, wherein the models of da’wa bil-hikmah and mau'idzah hasanah are reactualized as instruments to counteract hate narratives and reconstruct an integrative religious habitus. Theoretically and practically, this study contributes to the development of authentic digital da’wa models, the reinforcement of egalitarian religious authority, and the provision of discursive solutions to the fragmentation of the ummah through an approach that is contextually adaptive yet doctrinally grounded in the post-truth era.
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.

Page 13 of 13 | Total Record : 129

 9   10   11   12   13 

Filter by Year

2018 2026


Reset
Filter By Issues
All Issue Vol 9 No 2 (2026): DECEMBER Vol 9 No 1 (2026): JUNE Vol 8 No 2 (2025): December Vol 8 No 1 (2025) Vol 7 No 2 (2024) Vol 7 No 1 (2024) Vol 6 No 2 (2023) Vol 6 No 1 (2023) Vol 5, No 2 (2022) Vol 5 No 1 (2022) Vol 5, No 1 (2022) Vol 4, No 2 (2021) Vol 4, No 1 (2021) Vol 4 No 1 (2021) Vol 3, No 2 (2020) Vol 3, No 1 (2020) Vol 2, No 2 (2019) Vol 2, No 1 (2019) Vol 1, No 1 (2018) Vol 1 No 1 (2018) More Issue