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<![CDATA[RASHANATU AL-FIKR WA JAUDATU AL-MULAAHAZHAH LADAA MAJLIS AL-ULAMA' AL-INDUUNIISIY FI AL-IFTA' (Diraasah Tathbiiqiyah fi Qadhiyah al-Sharafi aw Tadawuli al-Umalaat) ]]>
<![CDATA[Al-Amin, Zaid]]>
<![CDATA[ Jurnal Al-Dustur Vol 3, No 1 (2020) ]]>
Publisher : <![CDATA[IAIN Bone ]]>
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DOI: 10.30863/jad.v3i1.731
<![CDATA[Indonesian Ulema Council (MUI) is an independent institution comprises many Indonesian Muslim groups. The objectives of the Indonesian Ulema Council’s establishment are to strengthen religion in the way of Pancasila and maintain the harmony between the different religions in Indonesia. In order to achieve these goals, the seriousness of the Indonesian Ulema Council in performing their duties really required. And one of the most important tasks is to lead the community to practice Islamic law in their lives by producing fatwa on all issues related to the life of Indonesian society. It is hoped that these fatwa will solve the existing problems. Fatwa has a strong relationship with the carefulness and good observation. If this character is not owned by Mufti, then the result of his work must be questioned because they are important when producing fatwa.]]>
<![CDATA[THE ROLE OF THE POLICE TO CURBING ILLEGAL MINING IN LEA VILLAGE, TELLU SIATINGNGE - BONE REGENCY ]]>
<![CDATA[Asniana Nur]]>
<![CDATA[ Jurnal Al-Dustur Vol 3, No 1 (2020) ]]>
Publisher : <![CDATA[IAIN Bone ]]>
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DOI: 10.30863/jad.v3i1.734
<![CDATA[The title of this study is "The Role of the Police to Curbing Illegal Mining in Lea Village, Tellu Siattinge, Bone Regency." The purposes of this research are (1) To find out the authority of the police on preventing illegal mining in Lea Village based on the regulation concerning mineral and coal mining (UU No. 4 Tahun 2009) (2) To find out what are the obstacles of the police on preventing Illegal mining in Lea Village, Tellu Siattinge, Bone Regency. The type of this research is a qualitative study using sociological and juridical empirical approaches. The primary sources of this research data consist of observations and interviews. The secondary data are derived from documentation and literature reviews such as documents, books, an official statement from the result of researches, whereas the data analysis technique was carried out through three stages, namely: field data collection, data reduction, data presentation, and verification. The results of this study indicate that: (1) The authority of the police in terms of preventing illegal mining as stated in Regulation Number 2 of 2002 concerning the Indonesian National Police (Undang-Undang Nomor 2 Tahun 2002 tentang Kepolisian Negara Republik Indonesia), that the police have the authority doing investigations and arrests. The duties and authority of the Police are regulated in detail at 13th till 19th Clause. (2) The obstacles of Law Officers (police) in preventing Illegal Mining is still lack of socialization from related parties so that it causes a lack of public awareness of the impacts caused by illegal sand mining in the area of Lea Village, Tellu Siattinge-Bone Regency; distance traveled between the bone resort police station (polres) and the village of Lea takes quite a lot of time and the difficulty of registration procedures/procedures for issuing mining permits.]]>
<![CDATA[THE ROLE OF THE POLICE TO CURBING ILLEGAL MINING IN LEA VILLAGE, TELLU SIATINGNGE - BONE REGENCY ]]>
<![CDATA[Nur, Asniana]]>
<![CDATA[ Jurnal Al-Dustur Vol 3, No 1 (2020) ]]>
Publisher : <![CDATA[IAIN Bone ]]>
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DOI: 10.30863/jad.v3i1.734
<![CDATA[The title of this study is "The Role of the Police to Curbing Illegal Mining in Lea Village, Tellu Siattinge, Bone Regency." The purposes of this research are (1) To find out the authority of the police on preventing illegal mining in Lea Village based on the regulation concerning mineral and coal mining (UU No. 4 Tahun 2009) (2) To find out what are the obstacles of the police on preventing Illegal mining in Lea Village, Tellu Siattinge, Bone Regency.         The type of this research is a qualitative study using sociological and juridical empirical approaches. The primary sources of this research data consist of observations and interviews. The secondary data are derived from documentation and literature reviews such as documents, books, an official statement from the result of researches, whereas the data analysis technique was carried out through three stages, namely: field data collection, data reduction, data presentation, and verification.         The results of this study indicate that: (1) The authority of the police in terms of preventing illegal mining as stated in Regulation Number 2 of 2002 concerning the Indonesian National Police (Undang-Undang Nomor 2 Tahun 2002 tentang Kepolisian Negara Republik Indonesia), that the police have the authority doing investigations and arrests. The duties and authority of the Police are regulated in detail at 13th till 19th Clause. (2) The obstacles of Law Officers (police) in preventing Illegal Mining is still lack of socialization from related parties so that it causes a lack of public awareness of the impacts caused by illegal sand mining in the area of Lea Village, Tellu Siattinge-Bone Regency; distance traveled between the bone resort police station (polres) and the village of Lea takes quite a lot of time and the difficulty of registration procedures/procedures for issuing mining permits.]]>
<![CDATA[SADRANAN TRADITION OF KECANDRAN SALATIGA’S SOCIETY IN ISLAMIC PERSPECTIVE ]]>
<![CDATA[Hanif Ahmad]]>
<![CDATA[ Jurnal Al-Dustur Vol 4, No 1 (2021) ]]>
Publisher : <![CDATA[IAIN Bone ]]>
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DOI: 10.30863/jad.v4i1.1110
<![CDATA[The Sadranan tradition is a tradition that has existed for a long time since ancient times, especially in the Kecandran area. The results show the Sadranan is held once a year, usually in mid-November and June. All from various backgrounds follow this Sadranan tradition. This tradition is carried out after the month of Shuro. The purpose of Sadranan is; first, this tradition is gratitude to Allah SWT for pleasure, and the second is as a form of respect for ancestors. Third, strengthen a sense of solidarity between citizens. Fourth, preserving the traditional inter and indigenous cultures of the area. Some benefits felt by the community are that people feel closer to Allah SWT.]]>
<![CDATA[THE POLITICAL THOUGHT OF RASHIDUN CALIPHATE ]]>
<![CDATA[Wahyuniar WN]]>;
<![CDATA[Nur Afifa]]>
<![CDATA[ Jurnal Al-Dustur Vol 3, No 2 (2020) ]]>
Publisher : <![CDATA[IAIN Bone ]]>
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DOI: 10.30863/jad.v3i2.733
<![CDATA[This study examines the political thought of the era of khulafa' al-rasyidin. The aim is to explain the differences in political practices in each caliph reign after the death of the Prophet. Political practices have been carried out since the time of the Prophet Muhammad which is the Medina period, where the Prophet served as religious leader as well as head of state. During this time, the Prophet has many companions who were strong and smart in political affairs. After the death of the Prophet Muhammad the reign is successed by the sahabah or the companions. Historically, Muslims has four companions who are the successor to the Prophet, known as Khulafa' al-rasyidin. The political practice is adopted by Khulafa 'al-Rashidin has a standardized system, each caliph who rules implementing a different political system, following the conditions of the people that occurred at era. The four caliphs are appointed as leaders in different ways.]]>
<![CDATA[HIFDZUDDIN AND THE GUARANTEE OF FREEDOM OF INDIGENOUS BELIEF ON INDONESIAN IDENTITY CARD/KTP ]]>
<![CDATA[Syaifullahil Maslul]]>
<![CDATA[ Jurnal Al-Dustur Vol 3, No 2 (2020) ]]>
Publisher : <![CDATA[IAIN Bone ]]>
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DOI: 10.30863/jad.v3i2.905
<![CDATA[Indigenous faith followers/believers receive discriminatory acts. This is as regulated in Article 61 paragraph (1), paragraph (2) and Article 64 paragraph (1), paragraph (5) of the Population Administration Law. In this regulation, for followers of belief, the religion column is not filled because it is not recognized by the state. The discriminatory treatment in the Population Administration Law is then submitted for a judicial review to the Constitutional Court. This writing questions the decision of the Constitutional Court Number 97 / PUU-XIV / 2016 from two aspects, Hifdzuddin and Guarantee of Freedom of Belief. This writing is writing normative law with a conceptual approach (conceptual approach) and a statutory approach. The result of this writing, the decision of the Constitutional Court Number 97 / PUU-XIV / 2016 is in accordance with the concept of hifdzuddin with respect for followers of other religions and beliefs. Besides that, this decision is also in accordance with the concept of guaranteeing freedom of belief in accordance with the 1945 Constitution. ]]>
<![CDATA[NAQD IBN TAIMIYAH LIL-QADHI ABDEL JABBAR FI RU'YATILLAH TA'ALA ]]>
<![CDATA[Muhammad Wahyudi]]>
<![CDATA[ Jurnal Al-Dustur Vol 4, No 1 (2021) ]]>
Publisher : <![CDATA[IAIN Bone ]]>
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DOI: 10.30863/jad.v4i1.1455
<![CDATA[permasalahan melihat Allah adalah permasalahan yang sudah ada sejak permulaan masa Mu’tazilah dan masa Ahmad bin Hanbal. Permasalahan tersebut terus berlanjut sampai masa Al-Qadhi Abdul Jabbar dan Ibnu Taimiyyah. Melihat Allah adalah sebuah permasalahan akal, oleh karena itulah beberapa kelompok dan madzhab saling berbeda pendapat dalam menetapkan persoalan ini, sebagian mereka mengatakan bahwasanya Allah tidak dapat dilihat di dunia dan di akhirat dan sebagian lainnya menetapkan bahwa Allah dapat dilihat ketika di akhirat nanti. Artikel ini bertujuan untuk mengetahui hakekat permasalahan ini melalui kritik Ibnu Taimiyyah terhadap pemikiran Al-Qadhi Abdul Jabbar tentang melihat Allah dan mengetahui metode apa yang digunakan oleh keduanya.Dalam penelitian ini peneliti menggunakan metode deskriptif dengan memaparkan argumentasi Al-Qadhi Abdul Jabbar tentang melihat Allah dan metode analisis dengan menganalisis pemikiran Al-Qadhi Abdul Jabbar dalam permasalahan tersebut, kemudian menganalisis kritik Ibnu Taimiyyah terhadap argumentasi Al-Qadhi Abdul Jabbar tentangpermasalahan melihat Allah yang bersumber dari Al-Qur'an dan Al-HadistSetelah melakukan penelitian secara mendalam, peneliti menemukan beberapa metode yang digunakan oleh Al-Qadhi Abdul Jabbar di dalam membahas akidah yaitu : mengedepankan akal dari pada naql, menjadikan akal sebagai dalil, menolak khabar wahid dan memakai dalil dari ta’wil al kalamiy. Sedangkan metode Ibnu Taimiyyah dalam membahas masalah aqidah yaitu mengedepankan naql dari pada akal, menjadikan khabar wahid sebagai dalil , menolak ta’wil al-kalamiy, dan memakai dalil yang bersumber dari Al-Quran dan Hadist Shahih.]]>
<![CDATA[THEOSOPHICAL SOCIETY IN GLOBALIZATION PERSPECTIVE ]]>
<![CDATA[Fardana Khirzul Haq]]>
<![CDATA[ Jurnal Al-Dustur Vol 3, No 2 (2020) ]]>
Publisher : <![CDATA[IAIN Bone ]]>
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DOI: 10.30863/jad.v3i2.893
<![CDATA[Modernistic globalization with empirical and rational methods has given its significant advancement to Western society. The advancement, however, eroded the spiritual values, especially Christianity, that for almost ten centuries championed the Europeans minds. Spiritualism or religions is regarded as ancient and have no value in the development of society. Blavatsky and Olcott felt that the rapid growth of modernistic globalization has to be equaled by spiritualism. Therefore, they founded an organization with goals to reestablish spiritual and traditional values that have been long lost from Western society. In order to challenge the modernistic globalization, Theosophical Society used spiritualistic globalization. The organization is quite successful and gains lots of followers from renowned people. Olcott, the first president, is an experienced media person. Newspapers and magazines are the two main components that brought the organization to its fame.]]>
<![CDATA[COMPARATIVE ANALYSIS OF TALAQ THAT PASSED OUTSIDE THE COURT IN THE PERSPECTIVE OF ISLAMIC LAW AND COMPILATION OF ISLAMIC LAW ]]>
<![CDATA[Zahir, Irham]]>
<![CDATA[ Jurnal Al-Dustur Vol 4 No 1 (2021) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Bone ]]>
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DOI: 10.30863/jad.v4i1.1343
<![CDATA[Talaq is a termination of marital status which is prescribed under certain conditions, and its procedure has been regulated, both in Islamic Law and in the compilation of Islamic Law (KHI). This is library research which focused on library materials using a qualitative descriptive approach that leads to the textual juridical of Islamic Law and KHI, and examines what has been set in Islamic Law and from various books; then compared with the KHI so that can find out the differences and common ground between the two legal systems then can be a basis to be applied.By using this research method, it is concluded that the Law of fiqh allows talaq divorce based on the willingness of both parties or on the initiative of the husband/wife unilaterally. In fact, talaq divorce can be done without interference from the judiciary. Whereas in the rules of the Compilation of Islamic Laws, talaq outside the Court is not valid according to the perspective of Law No.1 of 1974 on Marriage and the Compilation of Islamic Law (KHI), although fiqh allows talaq outside the Court, it has no power in positive Law.]]>
<![CDATA[JURIDICAL ANALYSIS OF IMPLEMENTING THE PRESIDENTIAL THRESHOLD IN THE PRESIDENTIAL ELECTION OF INDONESIA ]]>
<![CDATA[Mubarik Rahmayanti]]>;
<![CDATA[Irfan Amir]]>
<![CDATA[ Jurnal Al-Dustur Vol 4, No 1 (2021) ]]>
Publisher : <![CDATA[IAIN Bone ]]>
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DOI: 10.30863/jad.v4i1.1477
<![CDATA[Since issuing the Constitutional Court Decision Number 14/PUU-XI/2013, the general election design must be carried out simultaneously between the election of legislative members and the election of the President and Vice President (Pilpres). Article 6A Paragraph (2) of the 1945 Constitution mandates that pairs of candidates for President and Vice-President are proposed by political parties or coalitions of political parties taking part in the general election prior to implementing the general election. Accordingly, in order to strengthen the presidential system, pairs of candidates proposed in the presidential election are required to meet the "presidential threshold," which essentially limits the rights of political parties in proposing presidential and vice-presidential candidates. This study analyzes the relevance of presidential threshold requirements elections simultaneously. The research method used is normative juridical, using an approach to the application of laws and an analytical approach. This study shows that the application of the presidential threshold that must be met by political parties or a combination of political parties in carrying out the presidential and vice-presidential candidate pairs in the simultaneous general election is less relevant and limits the rights of political parties. In addition, the political party that wins the majority vote has strong dominance to pressure other parties in determining the candidate. Although it does not have high dominance, it still has substantial authority to nominate it.]]>
