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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 328 Documents
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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.
TINDAK PIDANA NARKOTIKA OLEH RESIDIVIS: ANALISIS PENJATUHAN PIDANA BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA Yulianis Safrinadiya Rahman; Sri Herlina
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.v18i1.20643

Abstract

One of the significant challenges in criminal law is the prevalence of narcotics offenses committed by recidivists—individuals who reoffend after having previously served a sentence. Recidivist status creates complex juridical dilemmas, as it serves as a statutory ground for sentence aggravation, often resulting in severe verdicts ranging from life imprisonment to the death penalty. This practice triggers a debate regarding the fundamental objectives of sentencing, where judges are compelled to strike a balance between retribution (retributive justice) to ensure deterrence, prevention (preventative justice), and rehabilitation (rehabilitative justice) aimed at social reintegration. This study aims to examine the legal framework governing narcotics offenses under Law Number 35 of 2009 concerning Narcotics and the specific sentencing mechanisms applied to repeat offenders. This research employs a normative legal methodology, utilizing secondary data through library research to analyze relevant statutes and legal literature. The findings demonstrate that the sentencing system under the Narcotics Law mandates aggravated penalties for offenders involved in organized networks, those involving minors, and those with recidivist status. Sentencing for narcotics recidivists emphasizes enhanced sanctions; while Articles 486 to 488 of the Criminal Code (KUHP) establish general provisions for recidivism, Article 144 of Law Number 35 of 2009 specifically stipulates that recidivists may be subject to an additional one-third of the maximum prescribed penalty.
SELF DECLARE DALAM PROSES PENETAPAN SERTIFIKASI HALAL Nahdhah Nahdhah; Iwan Riswandie
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.v18i1.20904

Abstract

This study aims to examine and analyze the regulatory framework of the self-declaration mechanism in the halal certification process and the adequacy of the normative basis for oversight by the Halal Product Assurance Organizing Agency (BPJPH) under Law Number 33 of 2014 concerning Halal Product Assurance. The research is prompted by several controversies, such as the "Nabidz halal wine" case, in which products obtained halal certification through the self-declaration mechanism, subsequently triggering significant public debate. These cases demonstrate a multiplicity of interpretations regarding the oversight mechanisms within the self-declaration-based certification system. Employing a normative legal research methodology, this study analyzes Articles 49 and 50 of Law Number 33 of 2014. The findings reveal that while the self-declaration mechanism legally expands the reach of halal certification, the presence of vague clauses results in a lack of legal certainty regarding product halal status. Furthermore, the normative foundation for BPJPH oversight is legally insufficient; although Articles 49 and 50 grant supervisory authority, they are characterized as open norms and do not explicitly encompass the self-declaration mechanism.
PROBLEMATIKA STREET PHOTOGRAPHY DALAM PERSPEKTIF ESTETIKA SENI DAN HUKUM HAK KEKAYAAN INTELEKTUAL Desy Sugianti; Miftah Ulumudin Tsani; Dedi Sugiyanto
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.v18i1.22092

Abstract

This study examines street photography in Indonesia as a visual art practice that engages freedom of expression, ethical considerations, and Intellectual Property Rights (IPR). Street photography functions not only as documentation of everyday life in public spaces but also as a medium for expressing social conditions, cultural dynamics, and urban life. Advances in digital technology and social media have facilitated the processes of image capture and dissemination, thereby increasing public access to street photography works. However, these developments have also generated legal and ethical issues. From a legal perspective, photographers hold copyright over photographic works as original creations, including both moral rights and economic rights. Nevertheless, street photography practices frequently involve photographing individuals without prior consent, which may give rise to issues concerning the right to privacy and the right to one’s image. These issues become more pronounced when photographs are used for commercial purposes or widely disseminated through digital media. This study employs a qualitative method with a normative–interpretative legal approach through the analysis of copyright regulations, legal concepts of privacy, and relevant literature. The findings indicate that the existence of public space does not eliminate the ethical responsibility of photographers. Although copyright resides with the photographer, respect for the rights and dignity of photographic subjects must be upheld. The study concludes that street photography practices in Indonesia require a balance between creative freedom, ethical awareness, and legal understanding in order to develop responsibly and sustainably.

Page 33 of 33 | Total Record : 328

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