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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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HATE SPEECH IN THE PERSPECTIVE OF INDONESIAN LAW AND ISLAMIC LAW Syawaluddin Hanafi
Jurnal Al-Dustur Vol 4, No 2 (2021)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v4i2.4193

Abstract

This research aims to find out the provisions of hate speech in the democratic system in Indonesia according to the provisions of the legislation in force in Indonesia and according to Islamic law. This research is a legal research that uses descriptive-qualitative method with several approaches, namely: conceptual approach, case approach, statutory approach, and comparative approach. The results of this research explain that: First, hate speech is a violation of human rights; Second, some cases of violations have damaged or killed both physically and psychologically a person; Third, sanctions in law enforcement for hate speech do not provide a deterrent effect on the perpetrators due to the lack of law enforcement, and easy problem solving because it can be done by mediation, as well as dependence on the interpretation of judges in assessing violations; Fourth, one of the principles of Islamic law (Maqasid Shari'ah) is to protect honor (hifdz nafs), it is not recommended to slander, demean others, insult, and spread false news, and Jarimah Ta'zir is a punishment for those who commit violations. 
CONTROVERSY ON COMMUNITY ASSESSMENTS TO TRADITIONAL MEDICINE OF IDA DAYAK FROM THE ANALYSIS OF TAFSIR AL-AHKAM Sangaji, Ruslan
Jurnal Al-Dustur Vol 6 No 1 (2023)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v6i1.3965

Abstract

This paper aims to examine how the analysis of tafsīr al-ahkām of the controversy over the community's assessment of traditional healing techniques in the style of Ida Dayak medicine. This research is included in the type of qualitative research that is deductive in nature. The data collected comes from library data which comes from books, articles and online data. The data is presented in the form of a description. The chosen research target was the style or technique of treatment which gave birth to controversy in the community which was conducted by Ida Dayak. Data and information about Ida Dayak were obtained through online sources. Ida Dayak's treatment system as viral through social media has drawn controversy because it has unique methods and techniques. Its uniqueness is reflected in the visualization of Mrs. Ida's movements which reflect the typical dance coupled with traditional Dayak women's costumes. Ida Dayak uses Allah's name in the healing process by saying basmalah, and according to Islamic theology, believes that He is the Great Healer. In the perspective of Islamic law, treatment that does not carry elements of shirk, according to Islamic law, the treatment is valid. The healing that was produced through traditional medical techniques was born from a form of endeavor for both Ida's mother and the patient. The Indonesian government has supported the traditional medicine system through a number of regulations in creating healthy human beings.
LIABILITY FOR THE CRIMINAL ACT OF RAPE ON A MINOR BY DECEPTION BASED ON JUDGMENT NO. 11/PID. SUS ANAK/2022/PN TJK Gumilang, M. Adhitya Ridho; Ramasari, Risti Dwi; Wayka, Gindha Ansori
Jurnal Al-Dustur Vol 6 No 1 (2023)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v6i1.3044

Abstract

ABSTRACTSexual violence that occurs at this time, especially the rape of women and children is increasingly prevalent, making the community very restless. In fact, this also happens to underage teenagers who are still in school, which should focus on education. The purpose of this paper is to determine the responsibility of the perpetrators of committing the crime of Rape on Minors by Deception. This writing uses a normative juridical approach research method and qualitative descriptive research. Criminal liability is based on several elements, namely the presence of each person. This element is intended to further examine who is sitting as a child, whether it is really the culprit or not, this is to avoid an error in persona in punishing someone. In this case, a child has been brought before the trial, namely, the child is in good physical and mental health and is able to answer all questions that are asked to him clearly and responsively, then there is an element of deliberately tricking, a series of lies, or persuading the child to have intercourse with him. or with other people. 
SUNNI AND SHIA: AN APPROACH FROM ISLAMIC THOUGHT Hamid, Rahmat; Idrus, Husni; Hasaruddin, Hasaruddin
Jurnal Al-Dustur Vol 6 No 1 (2023)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v6i1.3777

Abstract

This article aims to examine the differences and similarities between the Sunni-Shia groups that have caused these two major groups to unite. This article uses historical research methods, which analyzing the reality that occurred in the past and then implementing it in today's life. The data collection process is carried out by collecting all relevant sources or data needed, which focuses on scientific literature, historical documents and other writings related to the material on this discussion. As a result, there are differences that do not allow these two large groups to unite in theological matters, but when it comes to muamalah issues or interactions in socio-politics, this still allows for this union to occur.
MAQASID SHARIA IN TABARRU’ CONTRACT LAWS Al-Ayyubi, Solahuddin; Herindar, Evania; Perdana, Muhammad Nabhan
Jurnal Al-Dustur Vol 6 No 1 (2023)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v6i1.4194

Abstract

A Research related to maqasid sharia in the tabarru’ contract law had to be very seldom. With this research that examines two purposes, including, first, to determine the role of maqasid sharia in Islamic finance. Second, to determine the existence of maqasid sharia in tabarru’ contract laws. By using qualitative approach, the data for this study was obtained from relevant books, journals, and other academic materials and supporting documents. The results of this study show that there are many roles of tabarru’ contract, first, generally tabarru'at contract is reproduced considering that it contains several benefits. Second, tabarru' contract is issued voluntarily without the slightest doubt because this contract is a good deed and generosity. Third, improving the means of organizing tabarru’ contracts according to the wishes of the donors. Fourth that donations should not be used as an excuse to waste other people's money, ranging from the rights of heirs to the debts of people who are in debt. This study will contribute to the literature on maqasid sharia in tabarru’ contract laws and Islamic finance.
THE URGENCY OF MARRIAGE REGISTRATION IN THE PERSPECTIVE OF INDONESIAN MARRIAGE LAW AND ISLAMIC LAW Sulfian, A. Sultan
Jurnal Al-Dustur Vol 6 No 1 (2023)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v6i1.4224

Abstract

This research aims to analyze and explain the urgency of registering marriages in the perspective of Indonesian marriage law and Islamic law, as well as the legal consequences of marriages that are not registered according to Indonesian marriage law and Islamic law. This research is a normative legal research or doctrinal legal research (doctrinal approach), namely legal research that uses secondary data sources which are carried out by approaching legal norms or substances, legal principles, legal theory, legal arguments and legal comparisons with data collection techniques, namely through careful observation and tracing of various legal materials, namely tracing primary legal materials, secondary legal materials, and tertiary legal materials.The results of this research show that the urgency of registering the marriage can be seen from various perspectives. Even though there is still ambiguity regarding the provisions for registering marriages in the Marriage Law, the requirement for registration of marriages is intended within the framework of the state's function of providing guarantees of protection and legal certainty. Meanwhile, from the perspective of Islamic law, the registration of marriages has reached a "daruriyah" condition where marriages that are not recorded will cause a lot of loss and harm to the parties in the marriage. So substantially there is no conflict between Indonesian marriage law and Islamic law, both of them are the same in view of the urgency of registering marriages that registration of marriages cannot be separated from the implementation of the marriage itself. Furthermore, marriages that are not registered will have very detrimental consequences for the husband, wife, children, and assets in the marriage which have a negative impact both from a juridical, sociological, and psychological aspect. 
CRIMINAL ACCOUNTABILITY FOR BENEFICIAL OWNERSHIP OF CORPORATIONS IN THE CRIME OF MONEY LAUNDERING IN INDONESIA Baharudin, Achmad Khozin; Kartika, Adhitya Widya
Jurnal Al-Dustur Vol 6 No 1 (2023)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v6i1.4684

Abstract

The development of economic globalization in a country requires a role and strengthening in order to synergize commitments through predetermined steps to harmonize economic stability and is expected to be able to face the country's economic crisis. Beneficial Ownership (BO) has the opportunity to commit a criminal act of money laundering through nominee mode so that the original identity is not known by placing dirty assets in the form of shares in the corporation so that the corporation acts as a vehicle for the crime. This research is conducted through the normative juridical method. Research using library materials by examining a legal regulation, doctrine from experts, or theories that intersect with the subject matter of discussion. The results showed that the form of responsibility looks at who is related to money laundering. The theory of corporate liability is included in limited liability. In principle, limited liability is intended for legal subjects in corporations that commit criminal acts regardless of the mistakes made but meet the elements of the Article in criminal law. Because the position of beneficial ownership is not yet effective and is still gray in the corporation, in beneficial ownership criminal liability uses strict liability, which is the punishment of criminals on the condition of considering the criminal acts committed with the rules of criminal imposition (legality) without seeing the inner attitude of the perpetrator.
THE INDEPENDENT STATE COMMISSION IN INDONESIA: A COMPARATIVE REVIEW OF ITS INSTITUTIONAL ASPECTS Ramadani, Rizki; Arifin, Muhammad Ya'rif
Jurnal Al-Dustur Vol 6 No 2 (2023)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v6i2.4942

Abstract

The establishment of the Independent State Commission and other non-structural institutions was one of the alterations in the structure of the Indonesian constitution during the transition era and after the 1945 Constitution was amended. It is not uncommon for these Commissions to face criticism and controversy due to their autonomous authority and independence from the major branches of power. The objective of this research is to examine and describe the primary traits of such an institution in order for it to be recognized as an Independent State Commission by comparing it to the concept and best practices in the United States. As well as to justify the legitimacy of its position within the Indonesian constitutional framework. As a doctrinal legal research, this study uses a conceptual and legal comparative approach to secondary data presented in a descriptive-analytical manner. The findings revealed that the independent State Commission's two key characteristics were its independence from the executive organs and its autonomous-regulatory power. In terms of legal position, the classical trias politica perspectives need be modified as the Independent State Commission is now viewed as a new branch of government under a new separation of powers framework.
LEGAL RECONSTRUCTION OF INHERITED RICE FIELD MANAGEMENT RIGHTS IN BONE, SOUTH SULAWESI Paikah, Nur; Fahri, Marjana
Jurnal Al-Dustur Vol 6 No 2 (2023)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v6i2.5141

Abstract

The existence of rights to the management of jointly inherited rice fields and the concept of legal reconstruction of the control of inherited rice fields is qualitative research; the approach used is social, legal research, data collection through interviews, observation, and documentation. Data analysis includes data reduction, data presentation, and conclusion drawing. The study results describe the management of jointly inherited rice fields using three systems: the individual inheritance system, the mayoral inheritance system, and the collective inheritance system, especially in the community where there is a habit of using the collaborative inheritance management system for rice fields. The management of the jointly inherited rice fields still exists where the rice fields are not sold only with an agreement that the inheritance will be received in turn with relatives and become a souvenir from the parents. Conflicts often arise because the collective inheritance system is carried out only verbally. Hence, there is a need for legal reconstruction to make a written agreement involving witnesses and the local government so that no party is harmed.
HOW ISLAMIC LAW IS CONSTRUCTED TO ADDRESS CONFLICT VULNERABILITY ON SOCIAL MEDIA Tarmizi, Tarmizi; Misbahuddin, Misbahuddin; Kurniati, Kurniati; Imran, Muh. Fadhil Abdillah
Jurnal Al-Dustur Vol 7 No 1 (2024)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v7i1.6019

Abstract

The presence of social media which facilitates interaction and provides openness of information not only produces positive impacts, but there are also negative impacts, such conflicts between social media users. This research aims to analyze the causes of conflicts easily occurring on social media and their implications as well as the response of Islamic law in providing solutions to conflicts on social media. By gathering information from online news sources along with relevant research findings, this study was conducted in a literary style. The collected data was then descriptively examined utilizing an Islamic legal framework. This study discovered that publishing about SARA topics, miscommunication, sensitivity, the propagation of misleading information, and cyberbullying were the main causes of conflict on social media. The conflict that occurred resulted in the opening of space for conflict and violence offline, loss of trust between social media users and the disintegration of the nation through the spread of fake news or mutual arguments, which had implications for the breakdown of unity and diversity in society. The construction of Islamic law exists as a response to conflicts that occur on social media, including mutual respect for fellow social media users, prioritizing tabayyun before receiving or forwarding news, being moderate towards differences of opinion and grounding the concept of Islamic social values as a construction of Islamic legal thought in answering problems based on digitalization.

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