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Rumah Jurnal Ilmiah IAI Sambas Jl. Raya Sejangkung No.126 (Gedung Rumah Jurnal IAIS Sambas), Sambas, Kalimantan Barat, Indonesia, e-mail: jurnal.alsulthaniyah@iaisambas.ac.id
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INDONESIA
AL-SULTHANIYAH
Published by Institut Agama Islam Sultan Muhammad Syafiuddin Sambas
ISSN : -     EISSN : 27753123     DOI : https://doi.org/10.37567
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
AL-SULTHANIYAH focuses on studies in the fields of Sharia, Law, Politics & Government. The scope of study of AL-SULTHANIYAH includes: basic principles of jurisprudence, private law, criminal law, procedural law, economics and business law, constitutional law, state administrative law, international law, law and society, politics and government science, Islamic law, legal sociology, legal anthropology, and other legal studies.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 101 Documents
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Peran Strategis Retorika Dakwah dalam Membangun Komunikasi Politik yang Efektif di Masyarakat Muslim Indonesia Batubara, Jihan Afri; Katimin; Samosir, Hasrat Efendi
AL-SULTHANIYAH Vol. 14 No. 2 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i2.4129

Abstract

This study aims to analyze the role and urgency of da'wah rhetoric in political communication in Indonesia, with a focus on the context of the Muslim-majority society. As an art of communication, da'wah rhetoric has evolved into a tool for building relationships between leaders and the public, both in spiritual and socio-political dimensions. In this study, the author employs a qualitative approach with a literature review as the primary method, relying on written sources such as books, articles, and previous research to explore the concepts of da'wah rhetoric and its application in political communication. The findings of this study show that da'wah rhetoric not only serves to strengthen religious identity but also functions as a strategic means of shaping public opinion and advancing public agendas, using moral and religious values that can influence the feelings and emotions of the audience. The study discusses three methods of da'wah rhetoric: the method of hikmah (wisdom), mau'izhah hasanah (good advice), and mujadalah billati hiya ahsan (debate in the best manner). The application of these methods is crucial for delivering political messages effectively and persuasively.
Hukum Pelaksanaan Tradisi Makan Hadap-Hadapan Adat Melayu: Studi Kasus di Hamparan Perak Ardiansyah; Milhan
AL-SULTHANIYAH Vol. 14 No. 2 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i2.4255

Abstract

This research analyzes the law of the implementation of eating rice hadap-hadapan Malay custom (case study in Hamparan Perak). This research involves local Malay traditional leaders and people who have made eating hadap-hadapan as a necessary consideration in order to find out if there are problems in the implementation of eating hadap-hadapan Malay customs in Hamparan Perak from the sultanate period to the present and looking for sources of Islamic law to determine the law of the implementation of eating hadap-hadapan. This research uses an empirical approach method, namely (case study in Hamparan Perak), this method aims to explore and find out the thoughts and experiences of individuals or groups as a form of effort in answering the legal problems studied in this study. In this study, it was found that there was a redundancy that occurred in throwing rice in eating face-to-face rice. In Islam, if there is an act that is redundant or wasteful, it should be abandoned, but because eating face-to-face is a custom that has been passed down from generation to generation, this custom cannot be eliminated because it will damage the customs and characteristics of the tribe. So according to the author, the law of eating hadap-hadapan may be carried out but must avoid redundancy.
Penanganan Perkara Menguasai Tanah Tanpa Izin: Studi Putusan Mahkamah Agung Nomor 1091 K/Pdt/2021 Zahra, Dania; Ikhsan, Edy; Kaban, Maria
AL-SULTHANIYAH Vol. 14 No. 2 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i2.4258

Abstract

This study discusses the land ownership trial between Defendant I, Defendant II, and Defendant III based on the Decision of the Pematang Siantar District Court Number 81/Pdt.G/2019/PN PMS. This dispute gives rise to different interpretations of the validity of the Kotapradja Letter which is used as evidence of land ownership. This study uses a normative legal method with a descriptive analytical nature, a normative approach, and secondary data collected through document studies, analyzed qualitatively. The results of the study indicate that the validity of the Kotapradja Letter is weak because after the enactment of the Basic Agrarian Law (UUPA), all land certificates must be re-registered to obtain strong legality. At the first level, the panel of judges granted the plaintiff's lawsuit based on documentary evidence and witness statements. However, at the appeal level, the defendant succeeded in overturning the initial decision with additional evidence. The case brought to the Supreme Court showed that SHM 326 of 1995 belonging to the plaintiff and SHM 0042 of 1984 belonging to Defendant I were in accordance with the measurement results, so that the land controlled by Defendant I was legally valid. This study emphasizes the importance of legal certainty in maintaining land and the need to verify the legality of documents to prevent ownership conflicts.
Perlindungan Hak Anak dari Perilaku Orang Tua Pecandu Narkoba: Analisis Kompilasi Hukum Islam Sari, Yopita; Zulkarnain
AL-SULTHANIYAH Vol. 14 No. 2 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i2.4259

Abstract

This study analyzes the protection of children's rights from the behavior of drug-addicted parents based on the Compilation of Islamic Law (KHI), which requires parents to care for, educate, guide, and protect children until adulthood. Using a qualitative approach with a normative legal research type, the study was conducted on primary legal sources (the Qur'an, hadith, KHI, and laws and regulations), secondary (books, journals, previous research), and tertiary. Descriptive-analytical analysis was used to examine the suitability of legal norms with child protection needs. The results of the study indicate that drug-addicted parents are unable to optimally carry out their hadhanah function, making children vulnerable to neglect, violence, and loss of education, affection, and moral and spiritual support. In such conditions, children's rights can be transferred to extended family members such as grandparents or more capable relatives, while the state is obliged to be present through legal intervention, social rehabilitation, educational services, and psychological support. Therefore, child protection requires synergy between families, communities, and the government to ensure children's rights are guaranteed. This research contributes to enriching the study of Islamic family law while providing practical recommendations in efforts to protect children affected by drug abuse by parents.
Laik Fungsi Jalan Provinsi Berdasarkan Peraturan Gubernur Sumatera Utara Nomor 48 Tahun 2023 Tentang Rencana Aksi Keselamatan Lalu Lintas dan Angkutan Jalan Tahun 2024-2028 dan Perspektif Siyasah Dusturiyah Nasution, Almunadia; Matondang, Maulidya Mora
AL-SULTHANIYAH Vol. 14 No. 2 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i2.4288

Abstract

This study aims to analyze the implementation of provincial roadworthiness based on Governor of North Sumatra Regulation No. 48 of 2023 on the Road Traffic and Transport Safety Action Plan 2024–2028, with a particular focus on the Aek Nabara–Ajamu road segment. The research applies a normative legal method with juridical and conceptual approaches, supported by primary legal materials such as laws and regulations, as well as secondary materials including academic literature and the thoughts of classical and contemporary Islamic scholars. The analysis is conducted qualitatively through systematic interpretation and the integration of maqashid al-shari’ah principles, particularly hifzh al-nafs (protection of life) and hifzh al-mal (protection of property). The findings reveal a significant gap between normative law and empirical conditions, as many provincial roads fail to meet roadworthiness standards. From the administrative law perspective, this situation constitutes a violation of legality and accountability principles, while from the siyasah dusturiyah perspective, it reflects negligence in fulfilling leadership responsibilities.
Sistem Pembagian Harta Waris di Indonesia berdasarkan Hukum Islam dan Hukum Adat Hidayat, Rahmat; Maulina, Nia; Wiranti; Irwansyah, Wawan; Abadi, Lukman Tri Jaya
AL-SULTHANIYAH Vol. 14 No. 2 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i2.4176

Abstract

Indonesia, as a country that embraces legal pluralism, possesses diverse systems in the distribution of inheritance, namely Islamic inheritance law and customary inheritance law. This study aims to comparatively analyze the principles and mechanisms of inheritance distribution based on both systems using a normative juridical approach and descriptive-qualitative analysis method. The findings show that Islamic inheritance law is codified and normative, with fixed shares determined by syar’i sources such as the Qur’an and Hadith. In contrast, customary inheritance law is flexible and contextual, adjusted to social structures and kinship systems such as patrilineal (Batak), matrilineal (Minangkabau), and bilateral (Javanese, Buginese). The theory of legal pluralism is used to explain how Indonesian society integrates religious values, local customs, and communal justice in inheritance practices. The analysis also indicates that integrating these two legal systems can produce a more socially responsive model of inheritance distribution. This study recommends more explicit legal recognition of customary law within the national legal system and opens the possibility for a hybrid legal approach that accommodates substantive justice, deliberation (musyawarah), and public benefit (maslahah). Thus, legal pluralism should not be seen as a barrier to justice but rather as a foundation for reconstructing a more adaptive and contextual inheritance law system in Indonesia.
Penghapusan Hak Waris Anak Durhaka: Studi Kasus di Desa Tanjung Mulia Nasution, Fikri Haikal Fadly; Irwan
AL-SULTHANIYAH Vol. 14 No. 2 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i2.4326

Abstract

The phenomenon of parents revoking their children's inheritance rights is still found in society, even though Islamic inheritance law has clearly defined the share of each heir. A case that occurred in Tanjung Mulia Village, South Labuhan Batu Regency, shows that a father unilaterally revoked his son's inheritance rights because of the son's behavior as a drug addict. This action raises a dilemma between the moral will of the parents and the binding provisions of Sharia law. The purpose of this study is to analyze the factors behind the revocation of inheritance rights and to examine the views of the Indonesian Ulema Council (MUI) of South Labuhan Batu Regency on this case. This study uses a qualitative method with an empirical juridical approach through in-depth interviews with family members, community leaders, village officials, and the local MUI. The results of the study show that the revocation of inheritance rights is motivated by emotional, moral, and economic factors, as well as the community's misunderstanding of Islamic inheritance law. The MUI emphasizes that the revocation of a child's inheritance rights is not valid according to Sharia law, unless there are clear Sharia reasons such as religious differences or the murder of the heir. Revoking a child's inheritance rights has no valid basis because it contradicts the provisions of the Qur'an Surah An-Nisa verses 11-14, which clearly stipulate the inheritance share of each heir and cannot be changed by individual will.
Peran Hakim dalam Penerapan Restorative Justice berdasarkan PERMA Nomor 1 Tahun 2024 Jasri Akadol, Nina Septiana; Aswandi, Aswandi
AL-SULTHANIYAH Vol. 14 No. 2 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i2.4157

Abstract

This study examines the role of judges in implementing restorative justice based on Supreme Court Regulation (PERMA) No. 1 of 2024. The background of this research stems from the need more humanistic approach within the criminal justice system, particularly in handling minor offenses. The purpose of this study is to analyze the role of judges in the implementation of restorative justice and to identify the challenges encountered in its application. The study uses a normative-empirical method, collecting data through document analysis and interviews with judges at the Pontianak District Court. The results of the study show that judges have a central role not only as ratifiers of agreements but also as facilitators, supervisors of the penal mediation process, and assessors of the integrity of agreements. However, the implementation still faces obstacles such as limited understanding, lack of mediation skills, and inadequate supporting infrastructure. Therefore, continuous training and systemic improvements are needed to optimize the judge's role in achieving restorative justice.
Efektivitas Penyelenggaraan Sistem Drainase Guna Mengendalikan Banjir di Kota Pontianak berdasarkan Perda Kota Pontianak Nomor 5 Tahun 2016 Kusryat, Dheanita; Mintarsih, Endah
AL-SULTHANIYAH Vol. 14 No. 2 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i2.4283

Abstract

The rapid physical development, especially in Pontianak Tenggara District, has resulted in a reduction in water catchment areas because open land is covered by concrete and asphalt. This study aims to reveal and analyze the implementation of drainage systems in overcoming flooding in Pontianak City and to determine the factors that influence the implementation of drainage systems in Pontianak City. This research applies a legal review directly to the field by conducting direct observation. Based on the research results, the Pontianak City drainage system has been regulated through Regional Regulation Number 5 of 2016 which covers technical and non-technical aspects with the aim of creating a healthy environment, free from flooding, and supporting water conservation. Its implementation includes the planning, construction, operation, supervision, and evaluation stages carried out by the PUPR Service and reported to the Mayor. Implementation is hampered by low public awareness and limited human resources and infrastructure. Furthermore, law enforcement against violations of regional regulations is inconsistent, and overlapping sanctions persist, preventing optimal achievement of drainage management goals.
Konsep Ideal Perlindungan Hukum terhadap Perempuan dan Anak Disabilitas Korban Kekerasan Seksual Yuliana; Hertini, Mega Fitri; Ichsani, Immada; Mukti, Plasma Versiana
AL-SULTHANIYAH Vol. 14 No. 2 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i2.4307

Abstract

Cases of sexual violence against women and children with disabilities in West Kalimantan fluctuate annually, with a higher level of vulnerability compared to non-disabled groups. This situation emphasizes the need for more specific and equitable legal protection for disabled groups. This study aims to analyze the forms of legal protection for women and children with disabilities who are victims of sexual violence in West Kalimantan and to propose an ideal concept of legal protection that is inclusive and victim-centered. The method used is a normative-empirical approach through literature review and field research through interviews with several relevant parties. The results of the study indicate that although legal instruments are available, such as Law Number 8 of 2016 concerning Persons with Disabilities, Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence, and Government Regulation Number 39 of 2020, their implementation is still suboptimal. Obstacles faced include limited access to information, communication barriers, social stigma, a lack of understanding among law enforcement officers regarding the special needs of persons with disabilities, and the absence of internal regulations at the police level regarding mechanisms for handling victims of disabilities. The ideal concept of legal protection encompasses three aspects: first, the provision of inclusive and accessible sexual education for women and children with disabilities; second, strengthening the capacity of law enforcement officers from a disability perspective; and third, the establishment of internal regulations or Standard Operating Procedures for handling victims of disabilities at the police level to ensure that examination standards for persons with disabilities are tailored to their needs.

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