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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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ULIL AMRI AUTHORITY ON LIMITATION OF CONGREGATIONAL WORSHIPS IN THE PANDEMIC OF COVID-19 IN PERSPECTIVE OF FIQH SIYASAH Mustafa MH.
Jurnal Al-Dustur Vol 3, No 2 (2020)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v3i2.899

Abstract

ABSTRACTThis article discusses the issue of limiting worship of Muslims in Indonesia, during the COVID-19 pandemic, which is regulated by Ulil Amri in Indonesia, namely the Government and Majelis Ulama Indonesia. In the regulation of restrictions on worship, it is not implemented as it should. There is a group of Muslim communities, which do not comply with the policy. This article is a literature study with a qualitative approach. The data in this study were produced from literature processing from various views of fuqaha, which is viewed from the perspective of fiqh siyasah. The results of the study concluded that Ulil Amri has full authority on social and ijtihadi (furu) issues, but not on the subject matter (ushul) of religion because it is the authority of Allah SWT as al-Shari '(maker of the Shari'a). Included in the Ulil Amri authority is issuing policies in preventing and overcoming the spread of the coronavirus in Indonesia, by implementing a policy of limiting worship, based on the fatwa from Majelis Ulama Indonesia, and with regulations issued officially by the Government.Keywords: COVID-19; Ulil Amri Authority; Worship Restrictions, Islamic Law
ADVOCATE CODE OF CONDUCT FOR AGREEMENTS WITH CLIENTS BASED ON LAW NUMBER 18 OF 2003 Andi Nur Fauziah
Jurnal Al-Dustur Vol 4, No 1 (2021)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v4i1.1350

Abstract

The position of an advocate as a law enforcer is often referred to as an officer of the court. As Officer of the court, advocates must obey the rules in court; besides that, advocates must have an attitude that follows the dignity and dignity of the court so as not to tarnish the values of honour and dignity. Every lawyer must have work ethics. In carrying out their duties, an advocate needs to fulfil the limitations stipulated in Law Number 18 of 2003 concerning Advocates. However, the community is sometimes trapped in the stigma or the thought that hiring a legal expert or lawyer is very expensive and their ignorance of the judicial process so that many still ignore the law.This research is normative, empirical research wherein legal research examines the direct application of normative law (laws) to any particular law in society.
INDONESIA STRATEGY OF DIPLOMACY IN PROTECTING FEMALE MIGRANT WORKERS (TKW) IN SAUDI ARABIA DURING THE JOKOWI PERIOD Akis Jasuli
Jurnal Al-Dustur Vol 4, No 1 (2021)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v4i1.1531

Abstract

TKW is an Indonesian resident who meets the prerequisites to work abroad in a business relationship for a certain period. However, there are several problems in the implementation process, such as problems with pre-placement, placement period, and post-placement, which are considered to have many loopholes and are insufficient to protect TKW in Saudi Arabia. This study aims to determine the strategy of Indonesian diplomacy in the protection of Indonesian female workers (Tkw) in Saudi Arabia in the Jokowi era. The study results show that TKW is entitled to protection from their country of origin, namely Indonesia. In addition to the formation of several laws, there are also efforts being made. Such efforts include sending a letter to the King of Saudi Arabia, holding a meeting between the two countries, pleading with Saudi Arabia to protect TKW, who was sentenced to beheading. The request was made not only through letters but also through discussions between the country's two leaders.
THE EFFECTIVENESS OF CRIMINAL LAW POLICIES ON RELIGIOUS ABUSE AND BLASPHEMY CRIMES Yudhi Achmad Bashori
Jurnal Al-Dustur Vol 3, No 2 (2020)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v3i2.898

Abstract

ABSTRACTCriminal law policy is one of the instruments of the rule of law - specifically Indonesia - to realize security and order in the lives of every citizen. One of the crimes that often trigger conflicts between the communities is acts related to religion. This is because anthropologically, Indonesian communitiesare known as religious communities. So that if there is an "offended religious" as a consequence of someone's action, it often leads to mass actions. This article focuses on 2 formulations; they are: how is the criminal law policy on religious abuse and blasphemy in Indonesia? How is the effectiveness of criminal law policy on religious abuse and blasphemy in Indonesia?Methodologically, this article uses a qualitative method that will compare existing law policies with Soerjono Soekanto's theory about factors that influence law enforcement. The data source is taken from several applicable laws, news media, and a descriptive analysis of the author.In conclusion, the government has issued a law policy in the form of ratification of Law no. 1 PNPS of 1965 concerning the Prevention ofReligious Abuse and or Blasphemy. At the same time, the effectiveness of criminal law policies against Religious Abuse and Blasphemy (PPA) criminal acts is considered very useful. However, there are deficiencies in the law awareness factor among the community, which in the practice of law enforcement often results in acts of anarchism that violate other legal instruments.
NUSYUZ AND ITS SOLUTIONS IN COMPILATION OF ISLAMIC LAW FROM THE PERSPECTIVE OF THE AL-QURAN Ibnu Izzah
Jurnal Al-Dustur Vol 4, No 1 (2021)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v4i1.1420

Abstract

Nusyuz and its solutions in Compilation of Islamic Law from the Perspective of the Al Quran is the title of this paper. Here the writer intends to find out how nusyuz and its solutions are reflected in the Compilation of Islamic Law (KHI). This study aims to: 1) describe and analyze settling nusyuz and its solution in the Islamic Law Compilation, and 2) suggesting the Quran perspective on nusyuz and its solution in the Islamic Law Compilation. The authors use two approaches in answering these problems: the normative theological approach and the formal juridical approach. This research is classified as a research library; data was collected by quoting, adapting, and analyzing using content analysis of representative literature and having relevance to the issues discussed, then reviewing and concluding.After discussing nusyuz and its solutions in KHI from the perspective of the Quran, we need to know that Nuyuz deeds are not only directed at one's wife but can also be punished by the husband based on the texts of the Quran, the views of some scholars and empirical facts that happened. Moreover, the Al-Quran solution has given to handle nusyuz wives with three stages: advice, separation of beds, and beatings so systematically, and when carried out according to the hierarchy, it is likely to make the family whole again and more harmonious. This can be actualized and become an alternative solution to the wife's nusyuz if we reflect on the conditions and problems that are dynamic in household conflicts today.
SYATIIMAH (SWEAR WORDS) AMONG YOUNG LEARNERS: A CASE STUDY OF SMA NEGERI 1 MAKASSAR M. Syaiful; Armien Harry Zainuddin
Jurnal Al-Dustur Vol 3, No 2 (2020)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v3i2.856

Abstract

As the student of SMA Negeri 1 Makassar though of swear words, they truly realized that it is prohibited to express, in certain time and condition. In other cases, they as the student oftentimes express it in their daily conversation. The researcher isinterested indiscussingthe utterances which contain swear words on the student of SMA Negeri 1 Makassar as one ofspeech communityin Makassar. This research aims todetermine the category and to find outthe intended meaningof the swear words they express.The researcherusesthe descriptive qualitative method to describe the mentionedscope of the problem abovebecause this research has the primary data in the form of utterances that contains swear words which provides rich description about its meaning and category.The approach of this research uses pragmaticsfor the analysis of the context and SPEAKING factors to assist pragmatics in describing the context and find the intended meaning.As the results, the researcher found that the categories of expressed swearing words in this research are 1. One’s Mother in Law (Sundala; Bitch); 2. Certain Game or Animal (Tolo; Bangsat; Goblok/Geblek; Anjing/Anjay/Anjir; Damn; Asu); 3. Sex/Copulative Term (Fuck); 4. Death (Setan); and 5. Excretion (Tai; Telaso; Shit).The intended meaning of swearing words which expressed by the student of SMA Negeri 1 Makassar is mostly based on its connotative meaning, as the expression of startled and anger. Thus, the intended meaning of the expressions are as the normal response of what is being happened, for casual conversation.
IKTINAAZ AN-NUQUUD - AHKAAMUHU WA AATSAARUHU WA SUBUL MU'ALAJATIHI ( Dirasah Muqaranah bi al-Iqtishad al-Islamy) Muhammad Roshdi Ibrahim Mas'ud
Jurnal Al-Dustur Vol 3, No 2 (2020)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v3i2.890

Abstract

Wealth is one of the greatest blessings that God has bestowed on man, with which the connection between peoples has increased, and many things have been accomplished, for it is truly the engine of the economy, has increased its speed, and has reduced a lot of time in matters that were done through trade-offs. People must not deviate from the money from what it was created for, and take it as a tool of hoarding, as this is contrary to its purpose, but given that some people may deviate from grace, then take the criticism as a destination after it was a means, which results in a lot of harm, so the ruling of the street comes in a way that violates everything that contradicts Therefore, preventing Islam from Iktinaz (hoarding wealth by not paying zakat on it) is not just an occasional phenomenon in Islamic law, but rather it expresses one of the serious differences between Islamic doctrine and capitalist doctrine, and reflects the way in which Islam was able to get rid of the problems of capitalism, resulting from the poor capitalist role of using criticism, which It leads to the most dangerous complications, threatens the movement of production and constantly rocks capitalist society.
AN ANALYSIS OF THE IMPLEMENTATION OF THE PROSECUTOR'S REGULATION NUMBER 15 OF 2020 CONCERNING TERMINATION OF PROSECUTIONS BASED ON RESTORATIVE JUSTICE AGAINST THE ABUSIVE CRIMINAL ACT Muammar Muammar; M. Irham Roihan
Jurnal Al-Dustur Vol 4, No 2 (2021)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v4i2.1842

Abstract

The termination of prosecution in Erna Wilis’s case with Case Register Number PDM-44.SPEM/Eoh.2/07/2020 at the West Pasaman District Attorney Office, the author analyzes the basic considerations of the Public Prosecutor in implementing Restorative Justice, the suitability of the termination of the prosecution with the Prosecutor's Regulation (PERJA) Number 15 of 2020 concerning the termination of prosecution based on restorative justice and the obstacles faced by the Public Prosecutor. The research uses empirical juridical research methods with analytical descriptive studies using primary and secondary data. From the results of the analysis, it was concluded that the consideration of the Public Prosecutor was to apply Restorative Justice based on Article 14 of the Criminal Procedure Code letter h. Article 140 paragraph (2) letter a of the Criminal Procedure Code and Article 3 paragraph (2) letter e of PERJA Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. The termination of prosecution is in accordance with PERJA Number 15 of 2020 substantively and the obstacles faced lie in the suitability of the timing of the termination of prosecution based on restorative justice.
ETHICAL ASPECT OF DIPLOMACY OF PROPHET MUHAMMAD (BASIC PRINCIPLE) Indra Ari Fajari; Mohammad Muslih; Yuangga Kurnia Yahya
Jurnal Al-Dustur Vol 4, No 2 (2021)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v4i2.1820

Abstract

Ethics is a branch of philosophy that discusses good and bad. This study still relevant to be examined and discussed until now, because by studying ethics, someone is able to find and obtain all the good things as well as to avoid the bad. However, ethics is often separated from the practice of life, one of them is modern diplomacy. Diplomacy is all the efforts made to regulate the relationship among nations. Thus, ethics of diplomacy in this sense can be meant as a basic principle or practice of diplomacy which is accountable, tolerant, and fair. Since this study is attempted to reveal how the ethics of diplomacy of Prophet Muhammad, then this study uses ethical perspective of Islam. In this approach, researcher used: first, the descriptive analysis methods to further explore the basic principle regarding diplomacy of Prophet Muhammad. Second, the critical analysis method to discover the implications and problems of the principles and practice of diplomacy in the modern era. Regarding this method, it was discovered that in fact the basic principle and practice of diplomacy of Prophet Muhammad are based on tawhīd.
ANALYSIS OF JUDGE DECISION NUMBER 1537/Pid.B/2016/PnJkt.Utr RELATED TO PENAL CODE AGAINST BLASPHEMY PERPETRATOR Achmad Arif; Haerul Akmal; Muhammad Imam Subagja
Jurnal Al-Dustur Vol 4, No 2 (2021)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v4i2.1864

Abstract

The discourse on religious blasphemy is one that raises a lot of polemics. In the Indonesian context, this does not only occur in the domain of positive law, but also extensively in the domain of Islamic thoughts. The underlying issue of the argument is whether the penalty to whom blaspheme such a religion in accordance of the satisfaction and  teaching of every adherent of religion in Indonesia, such types of questions emerge in discussions regarding the matter of what is most relevance in accordance of the teachings of the defied religion which in this case is Islam. This research aims to find out the sanctions imposed by the judge in case No.1537/Pid.B/ 2016/ PN. JktUtr. according to the perspective of Islamic law and also the law in force in Indonesia so that the normative juridical approach method used with logical thinking is deductive.

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