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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 276 Documents
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Implementasi Pemberhentian Kepala Daerah Di Provinsi Jawa Barat Antara Tahun 2014-2021 Dalam Sistem Pemerintahan Daerah Hasyim Adnan
Al-Adl : Jurnal Hukum Vol 15, No 1 (2023)
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.v15i1.9014

Abstract

Direct election of regional heads allows prospective regional heads to compete directly to become regional heads in local government. The regional government has implemented local democracy if the regional government has held regional head elections. Regional heads can stop or be dismissed according to the provisions of the laws and regulations concerning the Regional Government. Dismissal of regional heads between 2014-2021 in West Java Province, including in the areas of Karawang Regency, Bogor Regency, Sumedang Regency, Cimahi City, Bekasi Regency, Cianjur Regency, Subang Regency, West Bandung Regency, Cirebon Regency and Indramayu Regency which were caused because these regional heads were proven in court to have committed criminal acts of corruption, and some have even been, and are currently carrying out sentences. This study aims to find out the implementation of the dismissal of regional heads in the province of West Java. West Java Province, during seven years, there have been eleven dismissals. Dismissal of regional heads between 2014-2021 in West Java Province in the local government system in Indonesia is still guided by applicable laws and regulations; the dismissal or impeachment of regional heads who are entangled in corruption crimes, then the regional head is temporarily dismissed without having to go through a proposal from DPRD if charged with committing a crime of corruption. The dismissal of the regional head is carried out by the Minister for the regent or mayor; if the regional head is proven to have committed a crime of corruption which, based on a court decision, has permanent legal force, then the regional head can be dismissed without having to obtain a proposal from the DPRD. The Minister for regents and mayors then carried out the dismissal. The dismissal of the regional head who violates the oath/pledge of office should be accelerated in the process of dismissing the decision, and a state institution should be formed in the region that explicitly handles the process of dismissing the regional head so that it does not take too long, and reflects more direct democracy than procedural democracy
Implementasi Peraturan Pemerintah Nomor 39 Tahun 2021 tentang Penyelenggaraan Bidang Jaminan Produk Halal Muhammad Adi Riswan Al Mubarak; Lola Malihah; Mu’minah Mu’minah; Muhammad Yulian Ma’mun
Al-Adl : Jurnal Hukum Vol 15, No 1 (2023)
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.v15i1.7072

Abstract

This paper aims to assess the importance of implementing halal certification from the side of producers and consumers. This research activity uses the method of literature study. The conclusion of this research shows the importance of this certification for producers because it is very beneficial for product continuity. Meanwhile, for consumers, this certification is beneficial in protecting consumers from all materials that are hazardous to health and all matters related to the halal product, both in terms of ingredients and processing methods. Halal certification also eliminates doubts about the product to be consumed. Initially, this halal certification was only voluntary or the producer's desire (voluntary), yet to be supported by strong Law, but now it has become an obligation (mandatory) for producers. The implementation procedure has involved many related parties, from institutions and ministries, and even at the international level, cooperation has also been carried out regarding this halal certificate. The implementation is currently based on digitization, namely the SIHALAL application. PP No 39 of 2021, concerning the Implementation of the Halal Product Assurance Sector, is clear enough to spell out the mandates of the Halal Product Assurance Law and the Job Creation Law. However, there must be something that needs to be finalized to improve the implementation of other halal product guarantees. 
Accountability of Nazir in the Waqf Legal System of Indonesia Ahmad 'Azam bin Mohd Sharif; Nasrullah Nasrullah; Muhammad Hatta; Hidayatullah Hidayatullah
Al-Adl : Jurnal Hukum Vol 15, No 1 (2023)
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.v15i1.9800

Abstract

Good waqf management will provide benefits and contribute to developing the people's economy and alleviating poverty. Nazir greatly influences this in his responsibilities as the manager of waqf assets. This study aims to provide an analysis of Nazir's responsibilities as the manager of waqf assets according to the waqf legal system in Indonesia and an overview of how to revitalize Nazir's status, roles and responsibilities in managing waqf in Indonesia. This research is normative legal research with a statutory regulation approach. The results of this research are that according to Waqf law in Indonesia, Nazir's responsibility in carrying out his roles, duties, functions and authority is one of the things that Nazir bears. Mistakes made by Nazir in managing waqf will have an impact on problems of administrative sanctions and even criminal. However, along with the weight of Nazir's responsibility, it has yet to be accompanied by the Indonesian waqf legal system favouring Nazir. One way to revitalize Nazir's status, roles and responsibilities are by revising or reconstructing the Law on Nazir in waqf law in Indonesia to include nazir in one of the pillars of waqf.
Isbat Nikah Pasangan Mualaf dalam Hukum Islam dan Hukum Positif di Indonesia M. Alfar Redha
Al-Adl : Jurnal Hukum Vol 15, No 1 (2023)
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.v15i1.9568

Abstract

Marriage certificates are usually given to husbands and wives who have entered into a marriage contract according to Islam but are not legally registered by the state. In the end, the marriage has no legal force. As a result, when a problem arises in the marriage between the husband and wife, they cannot solve it legally because they need a marriage certificate. Marriage cases delegated to the Religious Courts to be confirmed marriages that have been held according to Islam but have yet to be known to the Marriage Registrar. This is different from the case in stipulation Number 14/Pdt.P/2017/PA.Jmb mentions a husband and wife marriage that was held according to Buddhism before both embraced Islam and without renewing the marriage contract according to Islam. This study aims to understand the juridical and normative considerations of the Panel of Judges in granting the request for confirmation of marriage and how to analyze the stipulation. This research is a case study using a normative-juridical approach. The data analyzed was carried out in a descriptive-analytical manner. The data that has been collected is obtained by interview and documentation methods. In this case, interviews were conducted with the Jambi Religious Court Judges, and documentation was in the form of several literature books and journals related to the research theme. The resulting research shows that the Panel of Judges granted the application for a marriage certificate in the determination based on the considerations of Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage and the opinion of ash-Shafi'i as contained in the book al-Umm. This determination does not violate provisions in Islamic Law and Positive Law. In positive Law, there are no rules regarding the marital status of converts after converting to Islam, so this paper is expected to contribute material for consideration to complement the marriage rules in Indonesia so that it can make it easier for the Panel of Judges to determine similar cases. Keywords: Marriage Confirmation; converts; Islamic Law; Positive Law.
Praktik Unpaid Internship Dalam Perkembangan Regulasi Ketenagakerjaan Indonesia (Studi Kasus Campuspedia) Suraya Imtiyaaz; Wahyu Donri
Al-Adl : Jurnal Hukum Vol 15, No 1 (2023)
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.v15i1.6613

Abstract

The trend of unpaid apprenticeship programs is increasingly being found. Due to the increasingly high competition, many are still interested in joining the apprenticeship program without pay, with the lure of work experience for the next career step. The growing interest in unpaid internships is also supported by the company's strategy to reduce expenses and the high desire of prospective interns to gain knowledge in the field of work. Companies often use this condition to obtain workers who are not bound by a minimum wage. If it continues to happen, the purpose of apprenticeship, which was initially skills training, becomes exploitation of workers. The purpose of writing is to analyze unpaid apprenticeships in increasing the integrity of the workforce in Indonesia, how the Indonesian workforce views the practice of unpaid apprenticeships and the government's role as a labour regulator in Indonesia. This analytical descriptive study utilizes a normative legal research typology, a normative juridical approach and is analyzed through a qualitative approach. The study results show that the apprenticeship programs' regulations still need to be specific, especially regarding the wage rights of apprentice workers. The government, as a regulator, should understand the high interest in apprenticeship programs, so clear legal protection is needed for apprentices. The outcome of this paper will be the awareness of the lack of strict regulations protecting the rights of apprentices based on one of the cases, namely the Campuspedia apprenticeship, to continue to be critically studied.
Pengaruh Kemalisme Terhadap Undang-Undang Poligami di Turki Nur Kamilia
Al-Adl : Jurnal Hukum Vol 15, No 1 (2023)
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.v15i1.8482

Abstract

This paper aims to discuss the issu of the influence of Kemalism on the polygamy law in Turkey to disribe universally the influence of Kemalism on the polygamy law in Turkey by firs knowing Mustafa Kemal’s mission in the information of a republic there. This paper will try to answer haw Kemalism has a major influence on the family law, especially the polygami law. this paper includes the results of the qualitatif research with data sources and documents from a  number og books and articels as well as as from other data sources related to this paper. The result of this paper is to find a complete overhaul of state regulations regarding the family right in 1917 in which it is explained that polygamy is not prohibited but still on condition that the husband can be fair to his wives and the wafe may write a divorce not before the marriage after this (polygamy). If the man ignores this, than the divorce has the right to be carried out into the Turkish Civil Code of 1926, which explains the absolute prohibition of polygamy. This cange occurred because of the influence of Kemalism on the Turkish state. From this infuence there is rule regarding violations againts people who practice polygamy. However, there are no rules that explicitly regulate sanctions for such violation The Turkish Family Law Of Cyprus 1951. But basically the lawimplicitly exsplain that polygamy in Turkey is not permitted and those who violate it will get a penalty. 
Kajian Evaluatif Perselisihan Hasil Pemilihan (PHP) Kepala Daerah Serentak Tahun 2020 Di Provinsi Kalimantan Selatan Muhammad Syahrial Fitri; hanafi hanafi
Al-Adl : Jurnal Hukum Vol 15, No 1 (2023)
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.v15i1.8165

Abstract

This research will discuss, First, the factors that are the causes of the Election Result Disputes (PHP) for the 2020 Regional Heads of the South Kalimantan Province at the Constitutional Court and Second, the consequences that arise in the Implementation of the Decisions on the Election Result Dispute (PHP) for the 2020 Regional Heads of the Province Simultaneously South Kalimantan at the Constitutional Court. This research was conducted using the Normative Juridical approach, which examines statutory regulations and other literature related to regional head election results in disputes (PHP) at the Constitutional Court. The review of laws and regulations and library materials is also used as material for conducting discussions and finding solutions to problems. This study examines the causes of disputes over election results up to the implementation of decisions. It will identify existing problems in the form of solutions under the provisions of the election law and regional head elections in Indonesia. The results of this study show that the Election Results Dispute (PHP) for Regional Heads of South Kalimantan Province Simultaneously in 2020 at the Constitutional Court does not only originate from the Election of the Governor and Deputy Governor of South Kalimantan but there also from PHP Regents and Deputy Regents of Banjar Regency, Kota Baru Regency and Wali City and Deputy Mayor of Banjarmasin City, totalling seven decisions, two decisions for PHP Governor and Deputy Governor, 3 Decisions of Regent and Deputy Regent (Banjar and Kota Baru), 2 Decisions of Mayor and Deputy Mayor (Banjarmasin). The factors causing the Election Result Disputes (PHP) for Regional Heads of South Kalimantan Province Simultaneously in 2020 at the Constitutional Court consist of 2 factors. First, regulatory factors, namely the threshold for disputes over election results. % at polling places, PPK opened mailboxes, and there was vote inflation and fraud in the voting and vote-counting process. Furthermore, there are two aspects of the legal consequences arising from the implementation of the Constitutional Court decision. First, the implementation of the re-voting (PSU) and Second, the determination of the elected regional head candidates.
Konten Video Parodi pada Platform Digital dalam Perspektif Pelindungan Hak Cipta dan Doktrin Fair Use Shafira Shava Rahmanissa; Sudjana Sudjana; Sudaryat Sudaryat
Al-Adl : Jurnal Hukum Vol 15, No 1 (2023)
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.v15i1.9351

Abstract

Parody video content on digital platforms is generally made by imitating previous works, but in it, there are also characteristics of parody makers that are different from the original work. The purpose of this study was to determine the application of the fair use doctrine, namely the doctrine that allows the use of copyrighted material without the creator's permission concerning parody video content on digital platforms and to describe the copyright protection of parody video content reviewed under Law Number 28 of 2014 concerning Copyright. This research is normative legal research by examining library materials or secondary data. The approach method used is a conceptual approach (conceptual approach), statutory approach (statute approach), and comparative approach (comparative approach). The data were obtained through a literature study using primary, secondary and tertiary legal materials. These data were processed and analyzed, then presented in a qualitative descriptive manner. The results of the study show that the application of the fair use doctrine to parody video content on digital platforms is limited in some instances. Parody video content can be considered fair use if it meets the indicators required in the provisions of Article 43 letter d or Article 44 paragraph (1) letter a UUHC. These indicators include being non-commercial, benefiting the creator or copyright holder of the original work, or he expresses no objection, or as long as the parody video content mentions and includes the full name of the creator or copyright holder of the original work, aims to criticize an issue, and does not harm the interests of the original work. From the creator or the copyright holder of the original work. Copyright protection can apply to parody video content on digital platforms made with the permission of the creator or copyright holder of the original work and are original, namely as derivative works. However, parody video content does not meet the requirements as a derivative work or is even proven to violate Copyright. In that case, it cannot be protected unless it is considered fair use.
Aspek Hukum Layanan Sertifikat Tanah Elektronik Dwi Wulan Titik Andari; Dian Aries Mujiburohman
Al-Adl : Jurnal Hukum Vol 15, No 1 (2023)
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.v15i1.7367

Abstract

Modernization of electronic-based land services is a means of increasing indicators of ease of public service to the community. This is implemented by optimizing the use of information and communication technology. This article discusses the legal pitfalls of regulating electronic certificates and the prerequisites for implementing electronic certificates. From this legal blemish, there is formal legal disregard for the fundamental agrarian Law (UUPA) because it is not a source of reference in regulating electronic certificates and electronic land registration, and there are regulatory inconsistencies in the UUPA in substance. On the other hand, the regulation regarding analog land registration (PP No. 24 of 1997) and electronic land registration (PP No. 18 of 2021) raises the interpretation that there are two land registration systems, namely analog and electronic. PP No. 24 of 1997 was revised by issuing new arrangements that included other materials such as management rights, land rights and flats, as in PP no. 18 of 2021. Then, to carry out electronic land registration, at least three conditions must be met, namely validation of land data, electronic documents, and security of land data
TINJAUAN YURIDIS TRADISI ADAT MANDI PENGANTIN (BAPAPAI) ADAT DAYAK BAKUMPAI DI BANDAR KARYA KECAMATAN TABUKAN MARABAHAN DALAM PERSFEKTIF HUKUM ADAT Maria Ulfah; Sri Herlina; Munajah Munajah
Al-Adl : Jurnal Hukum Vol 15, No 2 (2023)
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.v15i2.8853

Abstract

Dayak Bakumpai traditional marriage in the traditional bridal shower (bapapai) tradition in Bandar Karya, Tabukan Marabahan sub-district in the Perspective of Customary Law in the form of bridal showers which are usually held in the front yard of the house and become a spectacle for residents. This research is empirical legal research, which means legal research that functions to see the law realistically and examine how the law works in society. The type of this research is descriptive research, where the descriptive method is used in researching the status of a group of people, an object, a condition, or a system of thought or events in the present. The bapapai tradition is an obligation that must be carried out by the bride and groom the day before the wedding celebration. In practice uses various kinds of tools and materials and contains philosophical meaning. This tradition seeks protection from Allah SWT to avoid disturbance by spirits during wedding celebrations and in household life. Society's view of the Dayak Bakumpai traditional marriage in the traditional bridal shower (bapapai) tradition in Bandar Karya, Tabukan Marabahan sub-district, is a marriage that leads to efforts to continue offspring. In contrast, the social structure leads to traditional or customary societal institutions. The procession of carrying out the bridal shower (bapapai) in the bandarkarya sub-district tabukan marabahan in the Customary Law Perspective among the adat bakumpai because the cultural procession of marriage is maintained as a norm of togetherness by each tribe. Every implementation of traditional marriages, traditional events that are carried out can be seen as a form of community education. Custom is part of the culture that determines human values. The marriage tradition in the Bakumpai Dayak Tribe is a hereditary custom passed down so that it is inherent in the Bakumpai Dayak community in the Tabukan Marabahan sub-district.

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