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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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THE REFLECTION OF MEDINA CHARTER AS A BASIS FOR RELIGIOUS MODERATION IN INDONESIA Hamzah Hamzah
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.v5i1.2601

Abstract

Religious moderation is a government program that is encouraged in response to the movement of separates, independence, radicalism and terrorism. The existence of religious moderation has been pursued in various spaces as a form of internalization of moderate attitudes in state life. However, it is not impossible that religious moderation drew criticism because it is considered to moderate the Religion of Islam as something final. To urge to highlight religious moderation based on the Medina charter as an embodiment of tolerance. This study aims to describe the reflection of the Medina charter as a basis for religious moderation in managing the country and, in addition, reveal the dimensions of the Medina Charter, which is full of tolerance and moderate values. Meteorologists in this study used a literature method with the conceptual study. The approach used is a theological, historical and sociological approach, with descriptive-analytical analysis methods. The results of this study showed the construction of the Medina charter as a peace treaty and at the same time as the constitution of Medina. The Charter of Medina is referred to as the constitution because it has qualified the form and content of a constitution. The Medina Charter can be called a base of religious moderation. It can be seen from the indicators of religious moderation that they are full of the values of state unity, peace and tolerance. The rhythm of tolerance is evidence of the breath of the Medina charter inherent in religious moderation in heterogeneous cultures.
COSMOLOGY IN ISLAM, CONSTRUCTING ISLAMIZATION OF NATURE SCIENCE Muhammad Fiqih Cholidi; Safiya Fadlulah
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.v5i1.2572

Abstract

Cosmology is one of the philosophical and scientific objects that become attention in Greek philosophers, especially Aristotle. However, with the times, this cosmology was found in The Qur’an, exactly in the concept of the sky and earth creation which was written and explained by the creator Himself. Then, Islamic scholars and philosophers come up with this issue and choose it as a medium in constructing Islamic science or Islamization of Nature Knowledge that faces fundamental basic deconstruction, so it causes the epistemological flaw in modern science’s body. Seyyed Hossein Nasr, as the inspirator for sacred science, popularize cosmology as one of Islamic science based on him. Past Muslim scholar, Al-Farabi, involved cosmology in integrating Islam and knowledge before. The interesting thing that will be solved in this article is how Muslim scientist, Fakhruddin Ar-Razi interprets creation signs as the source of cosmology in Islam, which leads this toward signs for thinkers. Not only, these cosmology concepts derived from contemporary Muslim scholars and philosophers will also explain the wisdom behind the creation of nature from its microcosmic and macrocosmic not only for increasing people’s faith nor sign but one of the main concepts of Islamization Nature Knowledge, because it is derived from main Muslim guidance, namely The Qur’an Al-Karim.
AN ANALYSIS OF FIQH JINAYAH AND CRIMINAL LAW ON THE LEGAL PROTECTION FOR CHILDREN AS VICTIMS OF OBSCENITY Budiman Budiman; Wirani Aisiyah Anwar; A. Rio Makkulau
Jurnal Al-Dustur Vol 5, No 2 (2022)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v5i2.2632

Abstract

The issues raised include the concept of juvenile criminal law from the perspective of fiqh jinayah and positive law, differences in the concept of juvenile crime from the perspective of fiqh jinayah and positive law, the correlation of the concept of juvenile crime to the fiqh perspective and positive law. To study and answer the problem, a multidisciplinary approach is used, namely the normative theological approach (syar'i), juridical/legislative (statue approach), historical (historical approach), sociological (sociological approach), psychology (psychological approach). This research is classified as library research. The results of the study indicate that perpetrators of sexual abuse with child victims, in positive law and fiqh jinayah, sanctions are deterrent so that the perpetrator does not do it again. The laws governing this matter, namely the Republic of Indonesia Law Number 3 of 1997, Law Number 23 of 2002 concerning Child Protection and Law no. 4 of 1979 concerning Child Welfare. In contrast to Islamic law (fiqh), children's perceptions and forms of accountability make criminal acts of children not subject to Uqubah (punishment), but takzir (warning) and ta'dibiyyah (coaching) only. The correlations between the two are: (1) The principle of respect for children. (2) The process of applying punishment for a child who is a criminal act in positive law that is different from a criminal act other than a child. If viewed from the mashlahah rules, giving takzir and ta'dibiyah to children who commit crimes is mashlahah hajiyat (secondary) and mashlahah mulgah.
LEGAL PROTECTION OF THE PARTIES IN LAND PURCHASE TRANSACTIONS THROUGH UNDERHAND AGREEMENTS Dewi Arnita Sari
Jurnal Al-Dustur Vol 5, No 2 (2022)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v5i2.2430

Abstract

This study aims to (1) determine legal protection for parties in the practice of buying and selling land without involving PPAT (2) To determine the factors that influence the community not to involve PPAT in land buying and selling activities in Tomilito District, North Gorontalo District. This research is an empirical research, the type of empirical approach is used to study or analyze primary data in the form of field data where the research is conducted, the results of direct interviews are then linked to secondary data in the form of book materials.The results of this study indicate that legal protection for the parties in the sale and purchase of land in Tomilito sub-district is divided into two types, namely preventive protection and repressive, namely the availability of legal rules that guarantee the creation of a buying and selling process that has perfect evidentiary power, whereas in the event of a dispute, the availability of a dispute resolution mechanism. Apart from that there are also factors that affect the community so that not involving PPAT in the sale and purchase of land in Tomilito sub-district in general is related, a long process, drains energy and costs a lot.The recommendation of this research is that it is suggested to increase the cooperation of each related agency and the integration of existing legal instruments, especially those related to land, both by the central and regional governments.
CASH WAQF PRACTICES IN MALAYSIA AND INDONESIA Hardianti Yusuf; Muspita Sari
Jurnal Al-Dustur Vol 5, No 2 (2022)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v5i2.2960

Abstract

This paper is a study of the practice of Waqf-Al-Nuqud in Malaysia and Indonesia. How is the practice of cash waqf in each of these countries by looking at the results and allocations. This problem is described by comparative research, namely research conducted to compare a variable (object of research), between different subjects and find a causal relationship. The research is directed to find out whether between two or more groups there are differences in the aspects or variables studied. Based on the results of the discussion, the author understands that the waqf practice carried out by Malaysia and Indonesia can be seen the difference. The practice of cash waqf in Malaysia is better known as stock waqf where cash waqf is collected from various circles of society with a stock waqf system by setting a minimum number of share prices that can be purchased by the public which will later be used as a property waqf that is utilized according to the purpose of waqf according to sharia. As for Indonesia, the practice of classical waqf is still very widespread. Regulations have been adequate even with the rules for managing it, but it seems that not many people know about cash waqf which is easier and more affordable. However, the presence of TWI has become a breath of fresh air for the development and socialization of cash waqf in Indonesia. TWI also issued a cash waqf certificate as a form of eternal cash waqf. It can be seen that TWI is still the community's choice for waqf compared to BWI which is a national waqf institution. But in reality, according to TWI regulations, it is not the institution intended to issue cash waqf certificates.
SCIENTIFIC SOCIALISM IN THE INHERITANCE LAW IN SOMALIA Qurratul Uyun; Madah Rahmatan
Jurnal Al-Dustur Vol 5, No 2 (2022)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v5i2.2957

Abstract

This paper discusses the influence of scientific socialism ideology on Islamic inheritance law in Somalia which is regulated in The Family Code 1975. This paper begins with a discussion of scientific socialism as a state ideology, then its influence on Islamic family law in Somalia and the application of scientific socialism ideology in inheritance law. The method used is descriptive with a theoretical approach that is explored through information media. The results of this study indicate that the deviation of family law regulations in Somalia from what is described in the Qur'an begins based on the concept of a state of scientific socialism that they apply. The purpose of implementing the ideology of scientific socialism in Somalia was to shift rigid customary rules and as a form of political cooperation with the Soviet Union. As a result, the application of the rules of family law has changed, especially in terms of inheritance. For example, there is no difference in the share of inheritance between husband and wife, sons and daughters, grandfather and grandmother, father and mother, even siblings, and half-siblings.
COPING WITH PRAYING SUPPORTS: INDONESIAN MUSLIM RESPONSE TO THE PANDEMIC Ruslan Sangaji
Jurnal Al-Dustur Vol 5, No 2 (2022)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v5i2.3155

Abstract

Abstract: The purpose of this study is to explore the prayers of the Indonesian Muslim community at various levels to deal with COVID-19. An analysis of the reasons why prayer is important at every level of society is described here. This study presents three levels of support for the prayers of the Indonesian people in dealing with COVID-19, namely the structural level, cultural level and personal level. Descriptive qualitative method is used in this study which is based on data and information sourced from online news. Data were collected, then processed, and then analyzed using a hermeneutic approach. The findings of this study show that prayer support at every level of society as a spiritual solution in dealing with the COVID-19 pandemic is a coping with religious values which is considered more important to support solutions and other ways. Concepts in Islam have taught people about the factors that cause disasters and how to respond to them. Therefore, the Indonesian people view COVID-19 as a disaster and a provision from God. At the same time it is also judged as a consequence of the consequences of human actions. Community prayer support that is carried out collectively has an impact on spiritual strengthening which affects the soul and mentality of the community. Spiritual strengthening is also determined by belief and awareness of one's religious teachings.
THE SUCCESSFUL OF THEO-DEMOCRACY IN IRAN: SPIRIT OF NEO-REVIVALISM TO BE ISLAMIC REPUBLIC ROLE MODEL Muhammad Haizul Falah; Liza Umami
Jurnal Al-Dustur Vol 5, No 2 (2022)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v5i2.2965

Abstract

The Islamic Republic of Iran is a case study of the rise of Muslims inspired by the Islamic Neo-Revivalism movement which views that westernization and modernization are considered to have failed in responding to the political challenges of corruption, economic decline, social injustice, and spiritual malaise, such as the pre-Islamic period. After the success of the 1979 Iranian revolution, it was a turning point in the political and security constellations of Iran and the West which resulted in the emergence of collective inspiration from Muslims around the world for Iran's persistence in implementing theo-democracy principles which the West considered as a setback. This paper is an analytical study using a qualitative-descriptive approach. The results of this study regarding on Iran's theocracy and democracy principles, proved of the successful; a) public participation in politics; b) fulfillment of the rights of women and minorities; c) freedom of the press; d) effectiveness of general elections; e) a puralistic political party system; f) good governance.
THE EFFECT OF FIQH AN-NISAA ON THE PREVENTION OF STUDENTS’ DEVIANT BEHAVIOR AT ATHIRAH ISLAMIC HIGH SCHOOL BONE Jumardi J
Jurnal Al-Dustur Vol 5, No 2 (2022)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v5i2.3139

Abstract

Fiqh An-nisaa has an influence in increasing the religious value of students who are just with the goals of the national education system and the goals of Islamic education. Which in substance is the ability to shape students into better individuals and avoid acts that are prohibited by religion (deviant). Therefore, there is a significant influence of the fiqh an-nisaa’s learning process on the prevention of deviant behavior of students at Athirah Islamic High School Bone which shows a probability value of 0.005 which is smaller than = 0.05 which can be accepted as an influential one. This means learning Fiqh An-Nisaa able to increase religious values and be able to minimize the occurrence of deviant behavior.
THE URGENCY OF ESTABLISHING A LOCAL GOVERNMENT REGULATION CONCERNING WASTEWATER MANAGEMENT IN LUWU REGENCY Halide, Nirwana
Jurnal Al-Dustur Vol 6, No 1 (2023)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v6i1.3962

Abstract

Domestic wastewater is defined as wastewater contains various hazardous chemicals and microbes which causes environmental pollutions especially the source mainly for raw water sources as the drinking water from rivers and lakes, either the ground water. The importance in protecting and preserving environmental functions, thus obliged the regional government in Luwu Regency to manage the domestic wastewater. This study aims to understand the urgency of Establishing a Regional Regulation Concerning Wastewater Management in Luwu Regency. Through empirical juridical research conducted by the researcher to obtain research results i.e. The management of domestic wastewater in Luwu Regency is not yet optimal. Communities need adequate facilities and infrastructure e.g vacuum trucks and IPLT, education on domestic waste management to require the participations of the communities and private sectors can play an active role, and integrated funding and institutional needs. Luwu Regency needs the regulations in the form of Regional Regulations which is technically regulate the management of domestic wastewater in the particular importance for the community to have a better quality and healthy living environment to support the development of the good health and well-being of the communities.

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