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Aladalah: Jurnal Politik, Sosial, Hukum dan Humaniora
Published by Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember
ISSN : 2962889X     EISSN : 29628903     DOI : 10.59246
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal ini adalah jurnal studi ilmu-ilmu Politik, Sosial, Hukum dan Humaniora yang bersifat peer-review dan terbuka. Bidang penelitian dalam jurnal ini termasuk ilmu politik, sosial ,hukum, dan humaniora. Jurnal Politik, Sosial, Hukum dan Humaniora
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 265 Documents
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Dinamika Hubungan Politik dan Pendidikan Agama di Kampus: antara Keseimbangan dan Konflik Ali Nurdin; Eneng Humaeroh
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 1 No. 4 (2023): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v1i4.845

Abstract

Politics and religion have a close relationship and are important subjects in social and political studies. This research presents an analysis of the dynamics of the relationship between religious education on campus and politics in the context of contemporary dynamics. This research focuses on the role of religion in the formation of public policy, political identity, and the dynamics of social conflict. This research study is a discourse or literature search, to find out the relationship between these two problems. This research pays attention to phenomena and changes in power dynamics, transformation of religious identity, and ideological conflicts involving religion as a central aspect. This article also considers the implications of the interaction between religion and politics for democracy. The research method used is a qualitative approach. The data sources used are a combination of educational and religious political perspectives. Literature is used to explain how religion is often a source of inspiration for political movements, both in practical contexts and as a basis for thought. The analysis of this research aims to encourage a broader and deeper dialogue about how society, especially educational institutions, can manage and understand the role of religion in a democratic and inclusive political space.
Pengaruh Pemahaman Masyarakat Terhadap Pergantian Nasab Anak Oleh Ayah Angkat Perspektif Hukum Islam Yunita Eliza
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v2i3.848

Abstract

A child's lineage that is not suitable will bring disaster to that child, as happened in Jakarta City. The type of research carried out by researchers is field research using qualitative methods. Meanwhile, the data collection techniques used include observation, interviews and notes. Regarding the analysis technique used, namely using inductive thinking, inductive is a way of thinking that arises from specific data and empirical facts in the field which are synthesized, processed, studied, then the meaning is drawn in the form of general conclusions. This research uses an approach with Islamic legal theory, especially those related to lineage and adoption. From this research, it can be concluded that in the community's understanding of changes in children's lineages carried out by adoptive fathers in Jakarta, some people make their foster children their bloodlines. Factors that influence social ignorance are education and tradition. Islamic law prohibits adoption by affixing the adoptive father's name to the adopted child.
Peran Majelis Kehormatan Mahkamah Konstitusi Dalam Penegakan Undang Undang Dasar Dan Penyelesaian Pelanggaran Kode Etik Ketua Mahkamah Konstitusi Alaya Rihadatul Aisya; Amelia Intan Safitri; Astri Nuraina; Najwa Yustitia Aequo; Tasya Halimah Nia Purwanti; Kuswan Hadji
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v2i3.850

Abstract

The Ministry of Constitution have a vision on enforcing the Constitution in order to actualize the country of democracy, as well as the ambitions of our state law that is; to create a dignified life of the people and the nation. The purpose of the said vision is so that it can serve as a guideline, to exercise responsible judicial power in accordance with the mandate of the constitution, and independently for the Constitutional Court. The role of the Honorary Council of the Constitutional Court is to maintain and supervise the behavior of the Constitutional Court using descriptive research methods that are quantitative or non-quantitative. directly by conducting a literature review taken from search and normative results. The Honorary Council of the Constitutional Court is an institution that plays a role in monitoring and examining the actions of judges in the constitutional court which are suspected of violating the constitution. The authority of the Honorary Council according is to examine and make decisions on reports and information that the respondent judge is suspected of committing serious violations. The decision of the Honorary Council of the Constitutional Court as a means of enforcing the code, ethics and behavior of Constitutional judges is final and binding. Role of the Law The Constitution by the Constitutional Court regarding Cases of Violations of the Code of Ethics is the legal basis and source of law for making rules as code and ethical guidelines in carrying out the judicial duties of the Constitutional Court, Honorary Council. The Constitutional Court is the body responsible for guaranteeing and implementing the basic principles of the
Perlindungan Hukum Terhadap Hak Asasi Manusia Dalam Hukum Tata Negara Kuswan Hadji; Devina Angelica; Efi Lailatun Nisfah; Erlingga Savril Maharani; Herfita Ayu Nayla; Clara Oktaviana
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v2i3.851

Abstract

Human rights are fundamental rights inherent in every individual without exception, which must be respected, protected, and fulfilled by the government in accordance with the principles of applicable constitutional law. This study aims to analyze the legal protection of human rights in the context of constitutional law. The research method used is a descriptive analytical approach that discusses the concept of human rights, its relation to constitutional law, as well as concrete steps that can be taken by the government to ensure effective human rights protection. The results showed that legal protection of human rights in constitutional law is very important to maintain a balance between state power and individual rights. A balance between individual freedom and public interest is needed in carrying out government duties in accordance with the constitution and applicable laws and regulations. This research is expected to provide deeper insight into efforts to protect human rights within the framework of constitutional law, and can be a reference for governments, legislative institutions, and law enforcement agencies in improving human rights protection as one of the key aspects in realizing a democratic and just rule of law.
Analisis Terhadap Perlindungan Perempuan Korban Kekerasan Seksual Dari Segi Hak Asasi Manusia Dalam Sistem Hukum Positif Indonesia Windy Claudia Yunus; Leni Dwi Nurmala; Robby Waluyo Amu; Roy Marthen Moonti
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v2i3.855

Abstract

The aim of the research is to determine and analyze the concept of protecting women victims of sexual violence in terms of human rights in Indonesia's positive legal system. And to find out and analyze the form of state responsibility in protecting women victims of sexual violence in terms of human rights in Indonesia's positive legal system. The type of research, namely Normative Juridical, is legal research that places law as a building system of norms. The legal materials used in this research come from primary legal materials obtained directly from legal materials, both primary legal materials and secondary legal materials. In this case the author will try to collect information that is relevant to the topic or problem being researched, as well as examine in depth the information collected and synchronize it with the main problem in this thesis. The concept of protecting women victims of sexual violence in terms of human rights in Indonesia's positive legal system is that victims have the right to obtain their rights which are generally regulated in Article 5 of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection. Witnesses and victims also have the right to receive medical assistance, rehabilitation, compensation and restitution. Forms of State Responsibility in Protecting Women Victims of Sexual Violence In terms of Human Rights in Indonesia's Positive Legal System, namely that the State has the responsibility to provide protection and a sense of security to its citizens. In this case, especially for women who are victims of sexual crimes.
Dasar Pertimbangan Hakim Dalam Putusan Perkara Hak Asuh Anak Di Pengadilan Agama Gorontalo Ricca Aditya; Fence M Wantu; Julisa Aprilia Kaluku
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v2i3.856

Abstract

This research aims to find out and analyze the methods used by judges in deciding child custody cases and what considerations judges use in deciding child custody in the Gorontalo religious courts. The research method used in this research is a normative juridical type of research, and the research approach used in the research uses a qualitative type of approach. Apart from that, the author also uses a statutory approach related to the methods and considerations of judges who are the focus of this research. The location of this research is the Gorontalo City Religious Court. The research results obtained by researchers are that the methods used in deciding on custody are varied, including interpretation, argumentation, exposition and the main consideration in terminating child custody is the interests or prioritization of the child itself, starting from material and mental aspects. This proves that rechvinding or the judge's discovery is important if no new rules are found, this will certainly help in terminating custody disputes where the decision is still unclear.
Pengaruh Kebijakan Penggunaan Izin Pinjam Pakai Kawasan Hutan Lindung Untuk Pertambangan Di Kabupaten Morowali Muhammad Arrifky Komaruddiansyah; Ahmed Farid; Rahmat Mubaroh
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v2i3.859

Abstract

Indonesia, with its wealth of forest resources (SDH) and mineral resources including gold, silver, copper, oil, natural gas, and coal, faces challenges in managing excessive exploitation. Although coal mining significantly contributes to the economy, this activity has resulted in serious environmental impacts, especially in protected forest areas. The Indonesian government has issued various policies to control the use of forest areas by banning mining activities in protected forests. However, conflicts of interest between the mining and forestry sectors still frequently occur, particularly regarding the utilization of mineral and coal resources. There have been numerous conflicts over land rights affecting 4.4 million hectares in the last 30 years, involving disputes between Mining Jurisdiction Areas (WHP) and the forestry sector. In addressing these conflicts of interest, the government has restricted mining permits in the protected forest area of Morowali Regency. Several regulations, such as Forestry Law No. 41 of 1999, Government Regulation No. 71 of 2014 on the Protection and Management of Protected Forest Ecosystems, and Presidential Instruction No. 6 of 2017, provide a strong legal basis for prohibiting mining in protected forest areas. Nevertheless, the government faces limitations in monitoring and enforcing reclamation regulations in Morowali Regency. Some mining companies fail to properly conduct post-mining reclamation, resulting in negative impacts on the environment and surrounding communities. To address these limitations, efforts are needed to strengthen human resource capacity, allocate adequate budgets, foster cross-sectoral cooperation, utilize technology, involve community participation, and impose strict sanctions. Supervision of mining activities in Morowali Regency is carried out by the central government, provincial authorities, and local governments, involving law enforcement agencies. The government also develops an integrated information system to monitor mining activities in protected forest areas. Efforts to rehabilitate and restore degraded protected forests include tree replanting, maintenance, and economic training for communities. Thus, enhancing coordination between the mining and forestry sectors through synergy between the central and local governments, involving civil society and non-governmental organizations, is essential. The strict enforcement of reclamation regulations and awareness campaigns for mining companies can help ensure compliance with principles of sustainable resource management. In the context of economic development, the Indonesian government must continue to improve efforts to manage forest and mining resources. Synergy among related sectors, optimization of supervision, and environmental sustainability and community welfare should be the primary focus to achieve sustainable development.
Kedudukan Harta Gono-Gini dalam Pembagian Harta Waris Menurut Hukum Islam Yuli Andini Puspitasari; Navyra Berlianny; Mila Sari; Putri Yanti
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v2i3.862

Abstract

Marriage is a universal rule that applies to all creatures, including humans, animals and plants, as a way to reproduce and maintain life. In Islam, marriage means a contract between a man and a woman's guardian which makes sexual relations halal. A marriage can end due to death, divorce, or court settlement. Divorce is seen as the final step if the relationship cannot be repaired, and in the Qur'an and Hadith, there are no detailed provisions regarding the divorce process, so the law can be adjusted to the situation. One of the consequences of marriage is the existence of, Common Property Treasure acquired during the marriage, and must be managed responsibly by husband and wife. This concept is regulated in Indonesian laws and regulations, such as the Marriage Law, Civil Code, and the Compilation of Islamic Law., Common Property Treasure includes wealth acquired during marriage and belongs jointly to husband and wife, while inherited property is wealth owned before marriage. The issue of, Common Property Treasure has not been widely discussed in classical jurisprudence studies, but in the modern context, this has become important to ensure justice in Division of assets in case of divorce. Islamic law allows the distribution of assets through deliberation or court decisions if necessary. The concept of community property supports the fair distribution of wealth between husband and wife, in accordance with the principles of justice in Islam.
Kedudukan Anak Luar Kawin Dalam Pewarisan Suku Minangkabau Ditinjau Dari Hukum Waris Adat Riska Suainur Sona; Aurelia Agatha; Nilam Permata Sari; Nur Fajarriah Indah
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v2i3.863

Abstract

The status of extramarital children can be grouped into three kinship systems in Indonesia, namely patrilineal kinship, matrilineal kinship, and patrilineal kinship. The position of an extramarital child according to customary law is not the position of heirs or natural heirs of the father's descendants. Extramarital children only have a relationship with their mother and relatives. However, related to the context of the Supreme Court case law and the Constitutional Court decision Number 46/PUU-VIII/2010, this is an opportunity for extramarital children to get inheritance and legal protection from suspected biological fathers. So even an unrecognized extramarital child automatically has a civil relationship with his mother and his mother's family. Thus, the necessity of a mother to recognize her extramarital child as mentioned in the Burgerlijk Wetboek is no longer necessary. Likewise, it has been affirmed in the Constitutional Court Decision Number 46 / PUU-VIII / 2010 which is also part of legal reform, so that the child also has a juridical relationship with his biological father if it can be proven based on science technology and / or other evidence according to law.
Analisis Yuridis Terhadap Penegakan dan Pengaturan Hukum Kejahatan Dunia Maya (Cyebercrime) di Indonesia Elok Harry Ari Dhani Putri; Ramdhan Kasim; Leni Dwi Nurmala
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v2i3.865

Abstract

The aim of this research is to find out and analyze cybercrime law enforcement in Indonesia. The implementation of this research is normative research. Data analysis is an activity in research in the form of conducting studies or reviewing the results of data processing which is assisted by previously obtained theories. Cyber crime law enforcement in Indonesia can be carried out penal and non-penal. In general, seen from criminal policy (crime prevention policy), criminal law is not a strategic policy tool to prevent and eliminate causal factors or conditions that give rise to crime. We can see the positive criminal law provisions that are criminalized regarding cyber crime in Law Number 19 of 2016, amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. Meanwhile, non-penal measures are carried out through social methods or approaches such as information, appeals, educational channels, coaching, and also related matters of preventing cyber crime. In realizing law enforcement, law enforcement officers need an active role, namely by being equipped with special skills in handling cyber crime.

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