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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 6 Documents
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Search results for , issue "vol 18 no 2 (2026)" : 6 Documents clear
PERLINDUNGAN HAK KORBAN TINDAK PIDANA TERORISME DALAM PERSPEKTIF SISTEM HUKUM INDONESIA Adwin Tista; Muhammad Ghazali Rahman; Hanafi
Al-Adl : Jurnal Hukum Vol 18 No 2 (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.v18i2.20986

Abstract

This study aims to determine the form of protection of the rights of victims of criminal acts of terrorism in the perspective of the Indonesian legal system based on Law No. 5 of 2018 concerning the Eradication of Criminal Acts of Terrorism and Law No. 31 of 2014 concerning the Protection of Witnesses and Victims. Criminal acts of terrorism are extraordinary crimes that not only threaten state security, but also cause deep physical, psychological, social, and economic suffering for the victims. Victims are no longer considered passive parties in the criminal justice process, but rather as legal subjects who have the right to protection, recovery, and justice. This research uses a normative juridical method with a conceptual and legislative approach. The results of the study show a strong commitment to providing protection to victims through various legal instruments, government policies, and the role of related institutions in victim recovery. There is a paradigm shift from an approach that focuses solely on the perpetrator to a more victim-centered approach. In addition, protection for victims must be more than just temporary assistance; it must include rehabilitation, psychosocial assistance, compensation, recovery, and guarantees of a decent life. Therefore, this paper offers an ideal Indonesian legal system that is not only able to take firm action against perpetrators, but also able to provide a sense of justice, legal certainty, and benefits for victims through comprehensive, humane protection, based on the values ​​of humanity and social justice mandated in Pancasila and the 1945 Constitution of the Republic of Indonesia as well as victim recovery, which must be achieved through the participation of the state, society, and all stakeholders.
NEGARA HUKUM DALAM PERSPEKTIF FORMIL DAN MATERIIL: PUTUSAN MK NOMOR 141/PUU-XXI/2023 Ramadhani Aditia Tri Hadmaza; Eny Kusdarini
Al-Adl : Jurnal Hukum Vol 18 No 2 (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.v18i2.20992

Abstract

This study aims to analyze how the concepts of formal and materiil rule of law are reflected in the Constitutional Court (MK) Decision Number 141/PUU-XXI/2023 concerning the age limit requirements for presidential and vice-presidential candidates. The research method used is normative juridical with a qualitative approach, employing conceptual and case study approaches. The results indicate a clear conflict between these two concepts. From the perspective of a formal rule of law, the Court's decision is consistent in upholding the principle of legal certainty by adhering to the final and binding nature of the previous decision (No. 90/PUU-XXI/2023) and the principle of res judicata pro veritate habitur. However, from the perspective of a materiil rule of law, the decision neglects substantive justice by upholding a ruling derived from a process proven to be ethically flawed and fraught with conflicts of interest. This decision reflects the dominance of a legalistic-formalistic approach over the values of justice, potentially eroding public trust in the judicial institution.
MODEL TANGGUNG JAWAB INFLUENCER DALAM PROMOSI SAHAM MENURUT HUKUM EKONOMI SYARIAH Devvi Putri Lisnawati; Ghufron Ajib; Lathif Hanafir Rifqi
Al-Adl : Jurnal Hukum Vol 18 No 2 (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.v18i2.21862

Abstract

This study examines the model of influencer responsibility in stock promotion from the perspective of Islamic economic law. The rise of digital technology has created the financial influencer phenomenon, which significantly affects public interest and decision-making in investment, particularly in the Islamic capital market. However, the lack of clear regulations regarding influencer promotion activities poses ethical risks and potential harm to investors. Using a normative juridical approach, this research analyzes the principles of legal responsibility based on both positive law and Islamic values such as ‘adl (justice), ṣidq (honesty), and amanah (trust). The findings reveal that influencer responsibility should encompass three main dimensions: legal clarity, moral integrity, and ethical supervision, implemented through preventive and restorative measures. The proposed conceptual model serves as a guideline for regulators, industry players, and society to ensure fair, transparent, and Sharia-compliant stock promotion practices.
REKONSTRUKSI METODOLOGI MEDIASI PERCERAIAN MELALUI TEORI MEDIASI EVALUASI PERSPEKTIF HUKUM ISLAM Muhammad Hanafi; Sanawiah Sanawiah; Ardi Akbar Tanjung
Al-Adl : Jurnal Hukum Vol 18 No 2 (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.v18i2.24002

Abstract

This study aims to analyze the concept of evaluative mediation proposed by Laurence Boulle, evaluate its suitability as a mediation method in divorce cases from the perspective of Islamic law, and reconstruct a new methodology that can serve as an alternative mediation approach for resolving divorce disputes. The main issue in this study is the lack of a structured and adaptive mediation methodology in divorce mediation practice, resulting in mediation that tends to be procedural and ineffective in achieving substantive reconciliation. This study employs a normative legal method combined with a limited empirical approach through interviews with mediators, psychologists, and Islamic law scholars. The approaches used include conceptual, statutory, and comparative approaches, with qualitative analysis integrating normative and empirical data. The research results indicate that evaluative mediation is characterized by the mediator’s active role in providing assessments, guidance, and rational and psychological considerations to the parties. This approach is considered more adaptive in addressing the emotional complexity of divorce conflicts. From an Islamic legal perspective, this method does not conflict with the principles of ishlah and the hakam mechanism; in fact, it aligns with efforts to achieve peace, justice, and the public interest. Therefore, evaluative mediation can be reconstructed as a more substantive methodology for divorce mediation through the integration of legal and psychological aspects.
LEGAL RECONSTRUCTION OF INVESTMENT RISK RESERVES IN DANANTARA WITHIN THE STATE-OWNED ENTERPRISE (SOE) REGIME Mega Sari; Budi Santoso; Amelia Sri Kusuma Dewi
Al-Adl : Jurnal Hukum Vol 18 No 2 (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.v18i2.24634

Abstract

Law Number 16 of 2025 inserted the phrase “before reserves are established” into Article 3H paragraph (2) of Indonesia’s State-Owned Enterprises Law. This article examines the resulting legal-certainty problems and reconstructs an accountable framework for Danantara’s investment risk reserves. It uses normative-prescriptive legal research with statutory, conceptual, historical, case, and limited functional-comparative approaches. The analysis identifies a reserve-labelling problem: mandatory reserves, investment risk allocations, retained earnings, accounting provisions, and capital accumulation have different functions but insufficiently specified relationships. Comparison with the Santiago Principles and Norway’s Government Pension Fund Global informs the allocation of decision-making, risk-review, and reporting responsibilities, without treating their institutions as equivalent. The proposed Articles 37A–37E establish risk-based allocations, reasoned resolution of supervisory disagreements, time-bound release and corrective measures, and a profit-allocation waterfall consistent with accounting standards. Scenario-based legal testing distinguishes ordinary investment losses, governance breaches, and conduct potentially constituting corruption. The reconstruction links documented decision-making to Article 3Y without creating immunity or treating released equity reserves as newly earned profit.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS DATA PRIBADI DI ERA DIGITAL Dikha Anugrah; Bias Lintang Dialog; Novia Andini; Haris Budiman
Al-Adl : Jurnal Hukum Vol 18 No 2 (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.v18i2.19655

Abstract

Personal data security is an integral part of the right to privacy that must be protected, particularly with the increasing use of personal data in digital transactions and services. The research problems addressed in this study are how consumer personal data protection is legally regulated in the digital era and what forms of legal protection are available to consumers, including the legal gaps that remain in their implementation. This study aims to analyze the legal framework and forms of legal protection for consumers’ personal data in the digital era. This research employs a normative juridical method with a statutory approach through a literature study of primary and secondary legal materials. The results show that consumer personal data protection in Indonesia is regulated by Law Number 27 of 2022 on Personal Data Protection, Law Number 8 of 1999 on Consumer Protection, the Law on Electronic Information and Transactions, and various sectoral regulations. However, these regulations have not been fully integrated because the Consumer Protection Law does not explicitly recognize personal data protection as part of consumer rights. Legal protection consists of preventive measures through consent, transparency, system security, and business actors’ responsibility; repressive measures through supervision and sanctions; and remedial measures through restoration of rights, compensation, and dispute resolution. Therefore, harmonization between the personal data protection and consumer protection regimes, stronger supervision, and clearer responsibility of business actors are necessary to ensure effective protection of consumers’ personal data in the development of digital services.

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