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Ma'adul Yaqien Makkarateng
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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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REFORMULATION OF REGIONAL REGULATIONS CONCERNING IMPLEMENTATION OF ISLAMIC BOARDING SCHOOLS IN PAREPARE CITY Hasim, Hasanuddin; Mutmainnah, Iin
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.v6i2.5343

Abstract

The effectiveness level of Law Number 18 of 2019 concerning Islamic Boarding Schools has actually been implemented quite well, but in the other case there are still several Islamic boarding schools that have inadequate facilities and infrastructure, especially in the Parepare city. Due to the fact that Islamic boarding schools are independent institutions so that the small amount of funds allocated is unable to provide adequate facilities and infrastructure. One of the government's efforts to carry out the mandate of Law Number 18 of 2019 regarding Islamic Boarding Schools is by issuing Presidential Regulation Number 82 of 2021 concerning Funding for the Implementation of Islamic Boarding Schools, in article 4 letter E and article 23 paragraph (1) provide for establishing endowment funds as funding for organizing Islamic boarding schools to ensure the continuity of educational programs in Islamic boarding schools. However, despite this, to perfect and achieve the effectiveness level of Law Number 18 of 2019 concerning Islamic Boarding Schools, derivative regulations are still needed to further explain the facilities for organizing Islamic boarding schools and reformulate this Law through Regional Regulations (Perda).
ISLAMIC LAW AND BUGIS-MAKASSAR CULTURE: AN APPROACH TO ANTI-ILLEGAL GRATIFICATION Marlina, Andi; Muliyono, Andi; Lahangatubun, Nurjanah
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.v7i1.6271

Abstract

The objective concerning Anti-Illegal Gratification in the Perspective of Islamic Law and the Culture of Bugis-Makassar Community is to provide a profound understanding of the practice of illegal gratification within the Bugis-Makassar cultural context and Islamic legal perspective. This discussion also aims to provide a strong foundation for formulating effective prevention strategies related to illegal gratification. By exploring the perspectives of Islamic law and the culture of the Bugis-Makassar community, this discussion is expected to contribute positively to efforts to prevent illegal gratification and corruption in the Bugis-Makassar community, as well as to strengthen awareness of the importance of integrity and honesty in social interactions. This research employs a meticulous and in-depth literature review method, combining various reference sources. It is hoped that this research will provide a comprehensive understanding of the issue of illegal gratification from the perspectives of Islamic law and the culture of the Bugis-Makassar community. From the findings of this research, it can be concluded that efforts to prevent illegal gratification from the perspective of Islamic law and the culture of the Bugis-Makassar community require a holistic approach that integrates local cultural values with Islamic legal principles. Concrete steps are needed to address existing challenges and strengthen social awareness of the importance of integrity and honesty in social interactions.
DISCOURSE ON INTERFAITH HARMONY IN THE CONSTRUCTION OF MULTICULTURALISM POLITICS Haryanto, Wawan; Hasan, Hamsah
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.v6i2.4465

Abstract

Building harmony among religious communities in a diverse nation requires sincere efforts, through multicultural politics. It can be understood that a diverse society can be integrated through the respect and acknowledgment of its diversity. This study is a qualitative descriptive research that focuses on literature review to explore relevant sources related to interfaith harmony through the lens of multicultural politics. Data are obtained from journals, books, and other research findings. In multicultural politics, policies supporting equal rights and protection for all groups are essential. Placing diversity as a positive force and avoiding discrimination will strengthen the foundation of an inclusive state. The key point of national awareness towards religious diversity is to create an environment where all citizens feel recognized, valued, and have equal opportunities. A positive attitude towards diversity not only reinforces national identity but also establishes a strong foundation for the development of a fair and inclusive society.From this research, it is hoped that the development of multicultural politics in creating an inclusive and harmonious environment for all religious communities in Indonesia can foster initiatives supporting interfaith harmony.
INDONESIA-MALAYSIA’S LEGAL PROTECTION FOR BUSINESSES UNDER THE COD (CASH ON DELIVERY) PAYMENT SCHEME IN THE MARKETPLACE Sugirman, Andi; Waruwu, Monaldus Fatiso; A, Abdussalam; Ardiana, Ulfa
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.v7i1.3710

Abstract

ABSTRACTThe COD (Cash on Delivery) can impact cash flow due to payment delays, especially for businesses with tight margins. In order to address the issue of business actors' legal protection when using COD as a payment mechanism in the marketplace, this paper seeks a solution. Research on laws and other relevant legal literature is done by the author as part of the normative juridical legal research approach used to write this publication. To make corporate operations more productive and efficient, Marketplace aims to reduce their unnecessary complexity. With the marketplace emerging, everyone may now purchase and sell goods and services with ease, at a low cost, and in a timely manner, as there are no restrictions on location, time, or distance.  There are numerous payment methods available in the marketplace, one of which is COD (Cash on Delivery), which allows customers to pay directly on the spot when they receive the things they ordered. However, in practice, the parties who transact in the Marketplace frequently suffer significant losses, necessitating the existence of legal protection for the parties that transact in the Marketplace, both consumers and business entities, in order to protect their rights.
THE ACCURACY OF QIBLA DIRECTION OF CEMETERIES USING MODERN QIBLA TOOLS Jasmin, Suriah Pebriyani; Anas, Ashar; Sari, Muspita; Mangenre, Muh. Fadli; S., LD Dian Hidayat
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.v6i2.4800

Abstract

It is important to determine the Qibla direction accurately, because it is a requirement for the validity of prayer and this article discusses the Qibla direction of cemeteries, especially in Bone District, by taking direct measurement at the location of the cemetery. This is a field research which is oriented to several cemeteries in Bone District using qualitative descriptive analysis and multi-approaches, namely normative theological, sociological, historical, and modern technological approaches. The data collected through this research were obtained from direct observation at several public cemeteries in Bone District and documentation during the observation. The results show that the direction of the cemeteries at the research sites is different, so it can be concluded that the measurement of the Qibla direction at these locations still uses the classical method, such as following the direction where the sun sets in the evening and looking for clues through the stars at night to determine the Qibla direction, although those methods are still just an estimate due to the lack of public understanding of measuring the Qibla direction. From this research, the researchers hope that people will understand more about the Qibla direction, not only based on the place where the sun sets, but also determine the Qibla using astronomical tools, both manual and modern. In this way, the astronomical science will further develop and the issue of Qibla will no longer be a matter of debate, because it uses proper knowledge.
TUNISIA'S ONE-TO-ONE INHERITANCE PHENOMENON: THE ROLE OF PUBLIC SPACE BEHIND THE FAILURE OF MASHRŪ’ AḤKĀM TATA'ALLAQU BI AT TASĀWIY FĪ AL MĪRĀṠ Nizami, Auliya Ghazna; Haidar, Muhammad; Mutmainnah, Hayyun Ulfah
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.v7i1.6070

Abstract

Tunisia is known as a Muslim country with a progressive Islamic family law order. Progressiveness is shown by efforts to change the rules of the male and female inheritance sections. The standard concept of Islamic inheritance in the division of inheritance between men and women is 2:1, in this case Tunisia seeks to change it to be equal between men and women. This research discusses the Inconsistency of Islamic Family Law in Muslim Countries: A One to One Inheritance Study in Tunisia. This research is a normative-empirical legal research that combines the nature of normative law accompanied by empirical data. The findings of this study suggest at least two main findings as answers to the two problem formulations stated at the outset. First, Islamic family law in Tunisia which is manifested in the form of Majallah al Aḥwāl Asy Syakhṣiyyah (MAS) often gets changes along with changes in the political forces in power in the country. One of the major parts of MAS is the provision for inheritance distribution between men and women as stipulated in article 146, which is considered by one political camp to be unfriendly to women's rights. Second, the potential power of public space legislation is widely used to provide changes to certain regulations, in this case regarding the provisions of inheritance rights for men and women. The feminist camp with the help of public voice succeeded in drafting Aḥkām Tata'allaqu bi at Tasāwiy fī al Mīrāṡ which is addressed to article 146 of the MAS.
MODIFYING ASSESSMENT FOR THE ADVANCEMENT OF FAMILY LAW THEORIES AND PRACTICES Anwar, Wirani Aisiyah; Wahyu, A. Rio Makkulau; Mukhlas, Oyo Sunaryo; Khosyiah, Si’ah
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.v7i1.5989

Abstract

Family law primarily refers to the legal rules that regulate relationships within the family, which can derive from either blood relations or the act of marriage. The purpose of this article is to analyze the concept and the norm of altering Islamic family law in Indonesia. To examine the subject of altering Islamic family law in Indonesia, a qualitative methodology backed by literature can be used. A combination with descriptive normative approach entails researching legal documents related to Islamic families in Indonesia, selecting some contentious family law cases and analyzing their impact on the legal system, and interviewing Islamic legal experts, human rights activists, or family members involved in specific legal cases. The results of the study underline the significance of family bonds in influencing problems such as parental and filial rights, inheritance laws, along with custody and guardianship. Essentially, family law has its foundation on two sources: written and unwritten regulations. Written sources include a wide range of legal topics, including law, jurisprudence, and treaties. Unwritten sources, on the other hand, refer to legal ideas that emerge and shape themselves within the context of cultural life.
IMPLEMENTATION OF THE PRINCIPLE OF “KNOWING THE CUSTOMER” IN GRANTING HOME OWNERSHIP LOANS AT BANK BTN CABANG SURABAYA M.T.V.M., Sri Maharani; Laksono, Pambudi Tri
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.v6i2.4188

Abstract

This research discusses the implementation of Know Your Customer Principles in granting home ownership loans at BTN Bank Surabaya Branch. This research uses a type of empirical juridical method that is data analysis and starting from primary data. Sources of data obtained through interviews with the Loan Officer / Consumer Lending Unit Staff at Bank BTN Cabang Surabaya, legislation, dictionaries, books that are still valid. Data collection methods using interviews and literature studies. The data analysis method uses a qualitative approach. The results and discussion of the research can be concluded that the implementation of the principle of knowing the customer in granting home ownership loans at Bank BTN Cabang Surabaya is basically in accordance with the basic provisions of Bank Indonesia Regulation 5/21 / PBI / 2003 on Amendments to Bank Indonesia Regulation 3 / PBI / 2001 concerning Implementation of the Know Your Customer Principle, but on the other hand there are still frequent defaults in granting home ownership loans caused by customers who was not trustworthy, based on data in 2018, 2019, 2020, 2021 and 2022 as many as 519 customers have defaulted. Thus, if defaults continue to occur in the health of the bank decreases and suffers losses, therefore things can be done with 2 (two) legal protections, namely preventive law and reprensive law. This settlement is carried out by non-litigation and litigation channels that seek to resolve problem loans so that the bank continues to run its business without being constrained and the bank can open its newest products.
THE DYNAMICS OF APPLYING BOTH ISLAMIC AND CONVENTIONAL LAW IN THE INHERITANCE OF BANCEAUY CUSTOMARY VILLAGE Kusmayanti, Hazar; Suwandono, Agus
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.v7i1.6187

Abstract

Due to the existence of three distinct systems of inheritance law—civil heirship law, Islamic inheritor ship law, and customary inherited law—Indonesian inheritance law is still pluralistic. There are parallels and variances among the components of inheritance law because there are variations in the legal system governing such inheritance. Finding out how inheritance disputes are resolved in Banceuy Customary Village in relation to Islamic law is the aim of this study. This normative research approach employs descriptive analytical research specifications, which involve describing, analyzing, and putting into practice the relevant legal laws. Research indicates that, even though the indigenous communities in the Banceuy district of Subang are Islamic, the law of parental inheritance appears to apply to the indigenous village. However, the division of inherits appears to be dependent on the affinity system in place, as the group of heirs equally accounted for the relationship of relativity through the male and female lines. This division of inheritance falls under the category of the receptie theory, which was abandoned but held that Muslims are subject to Islamic law if it is accepted or mandated by customary law. The concept of equal inheritance division in the indigenous village of Banceuy, if linked to Islamic law, the author claims, originated from a cooperative agreement that was carried out successively so that it became a customary practice that was initially a disclaimer for the implementation of division of heritage religiously or disclaimed.
NAVIGATING NEW BEGINNINGS: ETHICAL AND LEGAL CONSIDERATIONS OF EGG FREEZING FOR MUSLIM WOMEN Mutmainnah, Iin; Hasim, Hasanuddin
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.v7i1.4939

Abstract

Egg freezing also known as Oocyte Cryopreservation, is a scientific advancement in the field of medicine that has a significant influence on society. Women undergo egg freezing as a proactive measure to preserve their fertility for future use when their reproductive capabilities decline. The objective of this research is to address the legality of egg freezing performed by women prior to marriage and its influence on the legal status of the children born as a result of the procedure in a review of Islamic law. The library research method is employed in this study, which pertains to the legal standards included in the principles of Islamic law alongside related laws and regulations. Data collection techniques involve the acquisition of relevant papers, journals, and publications. The research findings indicate that, according to the Egyptian fatwa and supported by the fatwa of the Indonesian Ulama Council (MUI), egg freezing is allowed under specific conditions. These conditions include ensuring that frozen egg cells are only fertilized with sperm cells from legally married couples, thereby enabling the production of lawful children in accordance with the law. However, if one were to contravene the conditions outlined in the fatwa, it would be considered forbidden and would lead to the ensuing kid being deemed illegitimate, hence being excluded from their father's lineage and inheritance entitlements.

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