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Al-Adl : Jurnal Hukum
Published by Universitas Islam Kalimantan Muhammad Arsyad Al Banjari
ISSN : 19794940     EISSN : 24770124     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Al - Adl : Jurnal Hukum is a journal that contains scientific writings in the field of law either in the form of research lecturers and the results of studies in the field of law published the first time in 2008 with the period published twice a year. Al - Adl Journal of Law is registered in LIPI with the code E-ISSN 2477-0124 and P-ISSN 1979-4940. Every script that goes into the editorial will be reviewed by reviewers in accordance with the field of knowledge. The review process is not more than 1 month and there is already a decision about whether or not the submission is accepted.This journal provides open access which in principle makes research available for free to the public and will support the largest exchange of global knowledge. Al Adl : Jurnal Hukum publihes twice a year (biannually) on January and July focuses on matters relating to: - Criminal law - Business law - Constitutional law - State Administration Law - Islamic law - The Basic Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 13 Documents
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Search results for , issue "vol 18 no 1 (2026)" : 13 Documents clear
TINJAUAN MAQASHID SYARIAH TERHADAP PERSELINGKUHAN SEBAGAI ALASAN POLIGAMI PADA PUTUSAN NOMOR 2982/PDT.G/2023/PA.BL Muhammad Rafi Azzizuddin; Abd. Rouf
Al-Adl : Jurnal Hukum Vol 18 No 1 (2026)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v18i1.17665

Abstract

In Court Decision Number 2982/Pdt.G/2023/PA.BL, the judge stipulated that infidelity may serve as a legal basis for polygamy. Statutorily, however, such a ground is not recognized within the formal requirements for polygamy under the prevailing Marriage Law. This study examines the use of infidelity as a justification for granting polygamy permits, specifically analyzing the judge's ratio decidendi in Decision Number 2982/Pdt.G/2023/PA.BL and evaluating it through the lens of Imam al-Shatibi’s maqashid al-shari’ah. This research adopts a normative legal method with a case approach. Legal materials are derived from secondary data collected through library research. Data processing involves editing, classifying, analyzing, and concluding, while the analysis of legal materials is conducted qualitatively with a prescriptive approach. The findings demonstrate that Decision Number 2982/Pdt.G/2023/PA.BL is consistent with maqashid al-shari’ah. Regarding the core issue—polygamy on the grounds of infidelity—the petition technically fails to meet the criteria stipulated in the Marriage Law. Nevertheless, the panel of judges exercised judicial discretion, considering various dimensions and emphasizing the substantial harm (mudharat) that would ensue should the petition be rejected. Within the framework of Imam al-Shatibi’s maqashid al-shari’ah, this case intersects with four of the al-kulliyat al-khams (the five essentials): the preservation of religion (hifz al-din), life (hifz al-nafs), lineage (hifz al-nasl), and property (hifz al-mal), as an endeavor to mitigate harm and realize the welfare (maslahah) of humanity.
MENEROPONG KEPASTIAN PENETAPAN STATUS TERSANGKA DALAM KUHAP BARU Erwin Susilo
Al-Adl : Jurnal Hukum Vol 18 No 1 (2026)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v18i1.18487

Abstract

The primary focus of this study is to examine the certainty of suspect status and case resolution at the pre-adjudication stage under the New Indonesian Criminal Procedure Code (KUHAP). The research addresses two principal issues: first, the regulation of case resolution at the stages of investigation and prosecution under both the Old KUHAP and the New KUHAP; and second, the critique and reconstruction of pre-adjudication case resolution models necessary to prevent the recurrence of injustices that characterized the Old KUHAP regime. This study employs normative legal research using four approaches, namely statutory, conceptual, comparative, and case-based approaches. The findings reveal that although the New KUHAP has introduced a more structured coordination mechanism between Investigators and Public Prosecutors within the framework of an Integrated Criminal Justice System, it continues to exhibit legal lacunae. These shortcomings are evident in the absence of regulation concerning the legal consequences of exceeding the prescribed time limit for the initial examination of case files (Article 61), as well as the lack of clarity regarding the commencement point (dies a quo) for calculating the time period for case transfer to the court (Articles 70 and 75). Such conditions may result in the prolonged and uncertain status of suspects, thereby contravening the presumption of innocence, the principle of legal certainty (litis finiri oportet), and the principle of a speedy, simple, and cost-effective trial. This study recommends normative reconstruction through the harmonization of time-limit regulations, the clarification of legal consequences, and the strengthening of judicial oversight through pretrial mechanisms to ensure adequate legal protection for suspects.
KEDUDUKAN DAN KEKUATAN PEMBUKTIAN DEEPFAKE DALAM PROSES PERSIDANGAN Soffyan Angga Fahlani; Eko Taufikur Rahman; Muhammad Azianor Ilmy; Arisandy Mursalin
Al-Adl : Jurnal Hukum Vol 18 No 1 (2026)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v18i1.18914

Abstract

Technological advancement has extended to the rapid development of artificial intelligence (AI), which has the capacity to facilitate human work and activities. One notable technological innovation is AI-based deepfake technology, which is capable of altering or generating images, videos, and audio with a high degree of resemblance to their original counterparts. While deepfakes offer benefits in creative and industrial domains, they also pose significant legal challenges, particularly with respect to misuse for cybercrime, the dissemination of disinformation, defamation, and violations of privacy. This study addresses the legal status of deepfakes within the classification of legal objects or subjects under the prevailing legal framework in Indonesia, as well as their evidentiary value under criminal procedural law and the Electronic Information and Transactions Law. This research employs a normative juridical method with statutory and conceptual approaches. Data collection is based on primary legal materials, particularly Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 on Electronic Information and Transactions (UU ITE), as well as secondary legal materials derived from relevant legal scholarship. The findings indicate that deepfakes may be classified as electronic information and/or electronic documents that possess legal standing as objects of law within the UU ITE framework. Furthermore, deepfakes may serve as admissible evidence in criminal proceedings, provided that the requirements of authentication, integrity, and relevance are satisfied. Through an expansive interpretative approach, deepfakes may also be construed as circumstantial evidence. Nevertheless, the assessment of their evidentiary validity necessitates the support of digital forensic analysis to verify the authenticity and integrity of electronic content. Accordingly, regulatory reinforcement and more comprehensive oversight mechanisms governing the use of deepfake technology are essential to prevent misuse that may cause harm to individuals and society at large.
ANALISIS NILAI KEADILAN PADA SYARAT PENAHANAN TERSANGKA DALAM PENYIDIKAN (PERBANDINGAN KUHAP 1981 DAN KUHAP 2025) Nisa Amalina Adlina
Al-Adl : Jurnal Hukum Vol 18 No 1 (2026)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v18i1.19049

Abstract

This study was conducted with two primary objectives. First, it examines the concept of justice in relation to the benchmark of investigators’ concerns used to assess and determine the detention of suspects under the subjective detention requirement stipulated in Article 21 paragraph (1) of the Indonesian Criminal Procedure Code (KUHAP) of 1981. Second, it analyzes a comparative assessment of the value of justice embodied in the detention requirements for suspects under Article 21 paragraph (1) of the 1981 KUHAP and Article 93 paragraph (5) of the 2025 KUHAP. This research employs normative legal research, positioning law within a system of norms by referring to statutory regulations relevant to the subject matter. Data were collected through library research and analyzed using a descriptive-analytical approach by systematically presenting the issues and examining them in depth. The findings indicate that the value of justice inherent in the subjective detention requirement under Article 21 paragraph (1) of the 1981 KUHAP—specifically regarding circumstances that give rise to “concerns” that a suspect may abscond, destroy or remove evidence, and/or reoffend—is not aligned with the principle of equality before the law. In practice, this provision relies solely on the subjective assessment of the authorized investigator, thereby creating room for discriminatory treatment in determining whether suspects should be detained. The reform of the KUHAP through Law No. 20 of 2025 reflects an effort to enhance the value of justice by formulating more objective detention requirements under Article 93 paragraph (5) compared to Article 21 paragraph (1) of the 1981 KUHAP. Nevertheless, the reformed detention provisions still lack clear evaluative benchmarks and implementing regulations, which continues to allow investigative discretion in determining whether a suspect may be detained. Consequently, the value of justice has not yet been fully guaranteed.
MENGHADAPI TANTANGAN KEAMANAN SIBER PADA INFRASTRUKTUR KRITIS: SOLUSI HUKUM DAN ETIKA Ismail Darmawan; Muharman Lubis
Al-Adl : Jurnal Hukum Vol 18 No 1 (2026)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v18i1.19925

Abstract

In an increasingly advanced digital era, critical infrastructure underpins numerous aspects of human life, including energy, transportation, communications, and healthcare services. This paper delineates the principal challenges confronting cybersecurity in critical infrastructure, encompassing technological vulnerabilities, insufficient human resources, and inadequate regulatory frameworks. The research methodology involves an examination of applicable legislative regimes, with particular attention to Indonesia’s Electronic Information and Transactions Law (Undang-Undang Informasi dan Transaksi Elektronik/UU ITE) and the European Union’s General Data Protection Regulation (GDPR). The findings indicate that, although existing legal frameworks provide a robust foundation for combating cybercrime, regulatory modifications and enhancements remain necessary to address evolving threats. The study underscores the importance of collaboration between the public and private sectors in formulating effective cybersecurity strategies. It concludes that safeguarding critical infrastructure must be accorded priority and that an ethical approach to cybersecurity is essential for sustaining public trust.
REKONSTRUKSI PERLINDUNGAN HUKUM KREDITUR KONKUREN DALAM SISTEM KEPAILITAN INDONESIA: TELAAH KEADILAN DISTRIBUTIF DAN KEPASTIAN HUKUM Gilang Fitri Hermawan; Djoni Sumardi Gozali; Saprudin Saprudin
Al-Adl : Jurnal Hukum Vol 18 No 1 (2026)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v18i1.20422

Abstract

This study aims to examine the legal standing of concurrent creditors within the Indonesian bankruptcy regime and to formulate a reconstruction model of legal protection that is more equitable without undermining legal certainty and efficiency. Concurrent creditors have traditionally occupied the lowest tier of priority, subordinate to secured and preferred creditors, resulting in the frequent marginalization of their rights. Employing normative legal research with statutory, conceptual, and comparative approaches, this study finds that the normative configuration of Law Number 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations (UUK–PKPU) continues to place concurrent creditors in a weak and subordinated position. The practice of distributing bankruptcy estates further reveals the dominance of secured creditors, the expansion of preferential claims, limited transparency on the part of curators, and inconsistencies in judicial decisions, all of which undermine legal certainty and distributive justice for concurrent creditors. As a remedial measure, this study proposes a reconstruction of legal protection through the establishment of minimum rights for concurrent creditors, restrictions on secured creditors’ execution rights, reform of preferential mechanisms, enhancement of curator transparency, strengthening of judicial oversight, promotion of consistency in court decisions, and revision of the UUK–PKPU by incorporating best practices from bankruptcy systems in other jurisdictions. This reconstruction is expected to reinforce the position of concurrent creditors while simultaneously preserving legal certainty and efficiency within Indonesia’s bankruptcy law framework.
REFORMULASI PENGATURAN KEWENANGAN BADAN INTELIJEN NEGARA DALAM HUKUM KEAMANAN NASIONAL BERDASARKAN KONSTITUSI RI Abdas Raga Sugara; M. Hadin Muhjad; Rudi Indrawan
Al-Adl : Jurnal Hukum Vol 18 No 1 (2026)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v18i1.20423

Abstract

This study examines the regulation of the authority of the State Intelligence Agency (Badan Intelijen Negara/BIN) within the framework of national security law based on the Constitution of the Republic of Indonesia. The analysis focuses on three principal issues: (1) the regulation of BIN’s authority in national security law under the 1945 Constitution; (2) the nature of intelligence institutions within the national legal system; and (3) the reformulation of the scope of BIN’s authority in the Constitution and its implementing regulations. The research employs a normative juridical method with historical, conceptual, statutory, comparative, philosophical, and case-based approaches. The findings reveal the existence of legal residue and sociological problems following the enactment of Law Number 17 of 2011 on State Intelligence, particularly concerning democratic guarantees, the protection of human rights, accountability, and the political neutrality of intelligence activities. In addition, the absence of clear regulation regarding an Intelligence Committee has resulted in weak coordination and oversight of state intelligence. Accordingly, this study proposes a model for reconstructing BIN’s authority through the clarification of limits on interception and financial flow examinations based on judicial authorization, the establishment of an Intelligence Committee as an independent coordination and oversight mechanism, and the strengthening of the principles of accountability and political neutrality of intelligence within the framework of a democratic rule-of-law state.
ADDRESSING ISLAMIC ECONOMIC LAWSUIT ON RELIGIOUS COURTS AND FINANCIAL INSTITUTIONS OF CENTRAL KALIMANTAN Muhammad Luthfi Setiarno Putera; Muhammad Amin; Reza Noor Ihsan; Muhammad Faqihuddin Ibnu Sabil
Al-Adl : Jurnal Hukum Vol 18 No 1 (2026)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v18i1.20447

Abstract

The development of sharia financial institutions which continues to experience a positive trend in Central Kalimantan does not rule out the possibility of sharia economic disputes to emerge. Thus, there needs to be further elaboration regarding the potential and prospects for sharia economic disputes in Central Kalimantan and how prepared sharia financial institutions and religious courts are in handling sharia economic cases. This research is a type of empirical juridical research with a case approach which relies on primary data sources obtained directly from the field using observation, interviews and documentation methods which are then analyzed using analytical descriptive methods. The results of the research led the author to the first conclusion, that the potential/prospects for sharia economic matters in Central Kalimantan were very large, this could not be separated from the existence of sharia financial institutions which could serve users in various levels of society, both upper-middle and lower-middle class. Second, the readiness of Islamic financial institutions to address Islamic economic issues is supported by a sound management system. The principle of "knowing your customer" is always prioritized, ensuring consensus. Similarly, the readiness of religious courts, with judges undergoing competency development related to Islamic economics and legal sources for resolving Islamic economic disputes, is complemented by structured regulations issued by the Supreme Court.
EFEKTIVITAS HUKUM UU NOMOR 1 TAHUN 2024 DALAM PENANGGULANGAN KEJAHATAN CYBERCRIME DI INDONESIA Muh. Chaerul Anwar; Andi Dewi Pratiwi; Muh. Arfhani Ichsan
Al-Adl : Jurnal Hukum Vol 18 No 1 (2026)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v18i1.20542

Abstract

method by examining the prevailing regulatory framework under the UU ITE and its preventive mechanisms against cybercrime. The focus of this research lies in the tools and instruments employed in the implementation of these regulations, including cyber monitoring technologies and capacity building for law enforcement agencies. The findings indicate that although there has been a decline in certain types of cybercrime, such as phishing, incidents of data breaches have increased. Amendments to the provisions of the UU ITE have contributed to clearer legal protection and a more balanced approach between safeguarding freedom of expression and protecting individual rights. Despite advancements in the structure of law enforcement, significant challenges persist, particularly with regard to limited regional capacity, uneven infrastructure development, and low levels of public digital literacy. This study further highlights the importance of periodic regulatory updates and international cooperation in addressing cybercrime that is increasingly complex and transnational in nature. Strengthening the legal system and enhancing public awareness are therefore identified as key factors in fostering a safer digital environment and supporting sustainable growth of the digital economy.
AKSESIBILITAS JAMINAN KESEHATAN BAGI PEKERJA INFORMAL DI INDONESIA: ANALISIS KEBIJAKAN JAMINAN KESEHATAN NASIONAL BERDASARKAN PRINSIP HAK ASASI MANUSIA Hanafi Hanafi; Istiana Heriani
Al-Adl : Jurnal Hukum Vol 18 No 1 (2026)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v18i1.20563

Abstract

The right to health is a fundamental right guaranteed under Article 28H of the 1945 Constitution of the Republic of Indonesia and various international human rights instruments, which obligate the state to provide health services that are available, affordable, accessible, and of adequate quality. In pursuit of this obligation, the Indonesian government launched the National Health Insurance Program (Jaminan Kesehatan Nasional/JKN), administered by BPJS Kesehatan, as part of the mandate of the National Social Security System Law. The program aims to deliver comprehensive health protection to all citizens, including informal workers, who account for more than 59% of the total working population in Indonesia. However, from a normative perspective, JKN policies have not fully accommodated the characteristics and needs of informal workers. The existing legal framework remains general in nature and has yet to provide specific regulations that are adaptive to the conditions of workers with unstable incomes, high mobility, and limited access to information. This situation has implications for low participation rates, the potential discontinuity of membership during income fluctuations, and disparities in access to health services. These conditions indicate a misalignment between the principle of universality mandated by regulation and the realities on the ground, resulting in unequal protection between formal and informal workers, as well as between urban and rural populations. Through a normative legal approach employing statutory and conceptual analyses, this study finds that strategic measures are required, including more flexible JKN financing schemes, the expansion of Contribution Assistance Recipients (Penerima Bantuan Iuran/PBI), the integration of participant data, the strengthening of primary healthcare facilities in remote areas, and the involvement of informal workers in the policy formulation process. These measures are expected to enhance the protection of the right to health for informal workers in an inclusive, equitable, and sustainable manner.

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