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 112 Documents
 4   5   6   7   8 
PRETRIAL PROBLEMS WITH THE OBJECT OF THE ESTABLISHMENT OF SUSPECTS Wira Purwadi; Edi Gunawan
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.v4i2.1687

Abstract

ABSTRACTUntil now, there has been no legal certainty for justice seekers through pretrial. The object of determining the suspect why when someone is declared a suspect then submits the Judge accepts a pretrial. Then the investigator can re-assign him a suspect so that the determination of the suspect occurs repeatedly. The Judge will also cancel the status of the suspect repeatedly and creates legal uncertainty. This study aims to determine pretrial executors to determine the suspect (Case Decision Study No: 3 / Pr/a.Pid / 2017 / PN.Gto) and Interpreting pretrial with the object of determining the suspect. This study uses normative research by using literature as the primary source. The results showed that pretrial executors with the object of determining the suspect (Case Decision Study No: 3 / Pra.Pid / 2017 / PN.Gto) is an example of a convoluted judicial process and does not provide legal certainty for a person because the applicant even though it has been three times the Judge receives the pretrial; the investigator is still returning to determine the applicant as a suspect. Interpreting a pretrial with the object of the determination of a suspect is difficult. Determining a suspect is not a straightforward job because it relates to a person's status before the law, so accuracy and prudence are needed to determine whether someone is worthy of being a suspect. An investigator may not use excessive authority in determining a person as a suspect because the implication of having a legal status can deprive someone of his right of independence as an arrest or detention.
مراجعة المصلحة في قرار المحكمة الدستورية بشأن القانون المدني للأطفال خارج إطار الزواج Hifdhotul Munawaroh; Muhammad Nur; Qashmal Milzam
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.v4i2.1862

Abstract

كان سبب ولادة قرار المحكمة الدستورية رقم 46/PUU-VIII/2010  هو غياب نسب الأب عن الطفل الحاصل عن زواج السر والطفل الحاصل من الزنا لحماية حقوق الطفل حتى لا يتعرض للأذى. ومن المؤكد أن حكم هذه المحكمة يثير العديد من الإيجابيات والسلبيات في المجتمع، بالنسبة لأولئك الذين يؤيدون الحكم يزعمون أنّ على هذا الحكم هو اختراق قانوني في حماية الأطفال، في حين أن القلق بشأن هذا الحكم بالنسبة للطرف المنافس هو تأكيد وإضفاء الشرعية على زواج السر والزنا.  ونتيجة هذه الدراسة هي أن المحكمة الدستورية خلصت ضد الاختبار المادي للفقرة (2) من المادة 2 والفقرة (1) من المادة 43 من قانون الزواج، إلى أنه: استنادا إلى جميع الاعتبارات المذكورة أعلاه، فإن أدلة مقدمي الطلبات طالما كانت تتعلق بالفقرة (2) من المادة 2 من القانون 1/1974 لا مبرر لها وفقا للقانون. المادة 43 الفقرة (1) من القانون 1/1974 يتعارض مع دستور عام 1945المشروط أي غير دستوري ما دامت الفقرة تفسر على أنها تقضي على العلاقات المدنية مع الرجال التي يمكن إثباتها على أساس العلم والتكنولوجيا و/أو غيرها من الأدلة وفقا للقانون لها علاقة دموية كوالده. وهذا الحكم لا يتفق مع مصلات لأن الحكم غير مناسب بضوابط المصلحة. لأن الحكم يعطي معنى غامضا حول معنى الأطفال خارج نطاق الزواج. وهذا الحكم يمكن أن يسبب ضررا أكبر من إعطاء النسب المدنية للأطفال خارج نطاق الزواج. 
PLASTIC SURGERY IN HYPOSPADIAS PATIENTS IN SHARIA MAQASHID REVIEW Fatahilah Fatahillah; Cecep Soleh Kurniawan; Abdurahman Raden Aji Haqqi; Azme Matali
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.v4i2.1821

Abstract

Recently, Indonesia has been shocked by the problem of hypospadias patients from a former athlete who is also a soldier in the Indonesian Armed Forces (TNI), second sergeant (serda) AM. Treatment for hypospadias patients is based on the type of disability the patient has. Most hypospadias problems require surgery. Surgery is performed by placing the urethra in the correct position, correcting a sunken penis, and repairing the skin around the urethral opening, as the doctor may need to use the foreskin to make corrections. The purpose of this study is to describe the meaning of hypospadias and plastic surgery for hypospadias patients at the level of maqasid sharia. The methodology in this study uses library methods. From the point of view of the problem being studied, this investigation uses an integrity, philosophical, systematic, and general approach to seek this truth and wisdom or the essence of inquiry. The nature of this investigation is descriptive-analytical. The analytical method used in this investigation is descriptive, comparative, and critical analysis. This study found that hypospadias is a congenital urethral abnormality in male children, which is usually accompanied by an abnormal curvature and size of the penis. The law of plastic surgery for hypospadias patients is permissible because it is included in the collection of protection of religion, mind, soul, lineage, and property as maqasid daruriyyat, which is intended to uphold worldly and hereafter benefits. Hopefully, the results of this investigation will enrich the intellectual treasures for Muslim individuals and the public regarding the law of plastic surgery for hypospadias patients.
MAQASID AL-SHARIA IN ISLAMIC FINANCE Solahuddin Al-Ayubi; Siti Halawatuddu'a
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.v4i2.1823

Abstract

Maqashid Shari'ah are general shari'ah goals and have an important role in conducting the study of Islamic laws. This study has several objectives, including first, to determine the definition, and function, to determine the role of maqashid shari'ah in concluding the law. Second, to find out the scholar's thoughts on maqasid shari'ah and various maqasid shari'ah. Third, to find out the implementation of maqashid shari'ah in Islamic social finance. This research uses normative juridical methods, namely legal research using secondary data sources, operationally normative juridical research is carried out by library research (Library Research). The result of the research is the scholar's thoughts on maqashid shari'ah can be divided into three stages, namely foundation, development, and contemporary. Maqasid shari'ah in Islamic social finance is to realize justice and welfare in society, and to realize the continuity human life on this earth.
THE VALIDITY OF MARRIAGE THROUGH “ITSBAT NIKAH” ACCORDING TO THE PERSPECTIVE OF THE PEOPLE OF KUTOREJO VILLAGE, KEPAHIANG, BENGKULU REGENCY Ainalmardhiaturrahman Ainalmardhiaturrahman
Jurnal Al-Dustur Vol 5, No 1 (2022)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v5i1.2436

Abstract

The Research is motivated by the phenomenon of massive sirri marriage in the village of Kutorejo Kepahiang, yet the legalization rate is still few. This is contrary to the Law. This research aims to contribute to the community to understand that marriage has been regulated in the Law so that the number of marriages can be suppressed and immediately strive for legalization. This thesis is a type of field research with descriptive qualitative writing methods and a normative sociological approach with legal theory. In collecting data, the author makes observations and interviews and then describes the data further analyzed according to the Law. The research concluded that the number of Itsbat Nikah  is inversely proportional to the number of sirri marriages in Kutorejo village due to the public’s lack understanding of government laws and programs. There is no absolute socialization of the village in bridging the recording of sirri marriages. The motives of the community in applying for marriage licenses vary, including ease of access to public services, legal status rights of marriage, property rights to inheritance rights so that people's views on the legalization of marriage are pursued.
A CRITICAL REVIEW OF PERATURAN PEMERINTAH REPUBLIK INDONESIA NOMOR 70 TAHUN 2020 CONCERNING THE IMPLEMENTATION OF CASTRATION FOR SEXUAL CRIMES: IN THE PERSPECTIVES OF MAQASHID SHARIA Luciana Anggraeni
Jurnal Al-Dustur Vol 5, No 1 (2022)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v5i1.2344

Abstract

This research was conducted to analyze the implementation of the law of castration from the perspective of Maqashid Syariah. In Indonesia today there are many criminal acts of rape against women and children. As an alternative punishment with castration as formulated in Law Number 70 of 2020. The method used is normative juridical research, namely research to find legal doctrines or principles, ijma’ (opinions of scholars), therefore in this study the author tries to understand the conversation about sexual deviation, especially those that discuss the application of castration sanctions against sex offenders. This research is a juridical normative research which is viewed from the perspective of Maqashid Shari'ah. In Islamic law, punishment for perpetrators of sexual crimes is given in the form of stoning and whipping. Castration punishment is not in accordance with Maqashid Shari'ah because it can damage human beings which is contrary to the hifdzun of the nafs. First, Islamic sharia has strictly prohibited castration on humans, without any difference of opinion (khilafiyah) among the fuqaha. Second, in terms of the castration method used is the injection method. Third, that which is injected is the hormone estrogen, the law is also haram, because it causes the castrated male to have physical characteristics like women. Based on the 3 reasons, it is unlawful to impose castration on perpetrators of sexual crimes.
THE HOLY QURAN PERSPECTIVE OF BUSINESS COMPETITION Arini - Pratiwi; Hasyim Aidid; Misbahuddin Misbahuddin
Jurnal Al-Dustur Vol 5, No 1 (2022)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v5i1.2388

Abstract

This research aims to find out the term, the definition of business competition from the Qur'an perspective and to know the concept of business competition from the Qur'an perspective so that it can be a contribution to the treasures of Islamic economic science development and increasingly believe that the Qur'an can be a form of guidance in implementing healthy business competition for the realization of the primary purpose of Islamic law, namely the benefit of the ummah. The types of research used in this research are library research and doctrinal research by using descriptive analysis to describe the focus of the problem to be discussed objectively. The analysis method is used to obtain and find out the study of business competition from the Perspective of the Qur'an. The approach used is the theological, religious approach and conceptual approach. The conceptual approach is used concerning views and doctrines in Islamic law. The results of the study found that the terms of business competition in the Qur'an are not found in the Qur'an but can use the words سبق and استبق to refer to competition. While the terms of competition are found in QS. Al Baqarah (2):148, QS. Al Maidah (5):48, QS. Al Mu'minun (23):61. There are two concepts of competition for the Qur'anic perspective, first based on QS. Al Baqarah (2): 148, QS. Al Maidah (5): 48, QS. Al Mu'minun (23): 61 shows the conclusion that competing/competing is an attempt to compete positively (فَاسْتَبِقُوا الْخَيْرَات) by contributing sufficiently and not getting rid of entrepreneurs / other business actors and telling entrepreneurs/business actors not to harm and endanger other businessmen/business actors; To realize healthy business competition and improve the welfare of the people, every business actor must compete to provide the best products/services for consumers regardless of whether the consumer has differences in religion, ethnicity, race, or culture with business actors. Second, the concept of business competition obliges all his people to seek sustenance from the expanse of God's gift in a halal way where the search for sustenance must be carried out based on the path of goodness for happiness and benefit of humanity. The basic principles that underlie the obligation to seek halal sustenance have been affirmed by Allah SWT in Q.S. al-Mulk: 15 and Q.S. Al Baqarah: 168.
LEGAL PROTECTION OF PERSONAL DATA BASED ON REGULATION IN INDONESIA Jumriani Nawawi
Jurnal Al-Dustur Vol 5, No 1 (2022)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v5i1.2581

Abstract

This research focused on how positive law provides legal protection against the use of personal data in Indonesia. This research aims to find out the various problems related to legal protection of the use of personal data based on human rights principles by providing benefits and guarantees of legal certainty for the public against the protection of personal data both electronically and non-electronically. This type of research is normative juridical research. Research is carried out qualitatively by relying on library research studies. The results showed that forms of abuse such as theft and the sale of personal data violate the law in information technology and can also be categorized as a violation of human rights because personal data is part of human rights that must be protected. Legal protection of personal data in Indonesia from a positive legal perspective has been realized by several regulations that regulate. Still, no one has comprehensively regulated the protection of personal data.
THE IJTIHAD OF MUHAMMADIYAH ON THE SPREAD OF THE COVID-19 OUTBREAK IN INDONESIA Ashfa Afkarina
Jurnal Al-Dustur Vol 5, No 1 (2022)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v5i1.1915

Abstract

This article wants to discuss the Ijtihad of Muhammadiyah in the Covid-19 pandemic outbreak in Indonesia. In order to achieve this goal, with a literature approach, this article will answer two important questions, namely how the efforts of Ijtihad Muhammadiyah deal with the Covid-19 outbreak, then furthermore, why the context of Muhammadiyah ijtihad is very important, and in any form ijtihad from Muhammadiyah. Indeed, scholars pay great attention to this ijtihad problem, Muhammadiyah people pay attention to the Muhammadaiyah circular, but the focus of this article has not been a concern for the Muhammadiyah community. Therefore, this study is the first step to exploring the problem. This article argues that in its ijtihad, Muhammadiyah issued ijtihad, replacing Friday prayers with zuhr prayers and jama'ah prayers replaced with prayers in their respective homes, the worship of funeral prayers instead of ghaib prayers, takziah activities carried out online. In treating Muhammadiyah corpses, it is argued that it should be considered to follow health protocols if it is considered an emergency to avoid direct contact with the family or medical personnel with Covid-19 corpses; the body is buried without having to be bathed and shrouded. This is done on the basis of avoiding the immudharotan takes precedence over bringing benefits. It is also based on the hadith that states there is no harm and youth. Religious orders must be carried out efficiently and should not be emphasized if there are uzur, such as during the Covid-19 pandemic. 
THE POLITICAL DEVELOPMENT OF ISLAMIC CONSTITUTIONAL IN INDONESIA Ma'adul Yaqien Makkarateng
Jurnal Al-Dustur Vol 2, No 2 (2019)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v2i2.2812

Abstract

The development of Islamic state administration politics in Indonesia from time to time starting from the Dutch occupation, the Japanese occupation, independence, the old order, the new order, and Islamic politics during the reformation period experienced different shocks, not only in the form of structural reforms. Government but to the grassroots of society. Then over time, the Ulama realized that their struggle would not succeed if they continued in traditional ways. Therefore, it is necessary to make changes which, although originating from the colonial influence itself, are struggling through organizations, both in the field of social education or in the field of political administration. The presence of Ulama in the political field should have a positive impact, in the sense of contributing to the creation of a moral, political structure, because the Ulama is a moral symbol. However, when Ulama have been polarized in such a way, so often between one Ulama and other Ulamas face each other and defend their respective parties. This condition will cause divisions, and the effect is to confuse the people so that it will weaken the power of the Muslims themselves, which in turn is often used by other party groups.

Page 6 of 12 | Total Record : 112

 4   5   6   7   8 

Filter by Year

2019 2025


Reset
Filter By Issues
All Issue 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 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) More Issue