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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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Membangun Tembok Perlindungan Hak Asasi Manusia di Era Kejahatan Lintas Negara Nabila Riani; Andi Aina Ilmih
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 4 (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.v2i4.930

Abstract

Transnational crime is increasingly widespread in the era of globalization, presenting new challenges in protecting human rights (HAM). This article discusses the need to build a strong wall of human rights protection to combat transnational crime. Transnational crimes such as human trafficking, drug trafficking and terrorism have grown rapidly in the era of globalization. These crimes not only harm the affected countries, but also threaten the human rights of the victims. Transnational crime presents several challenges in protecting human rights. First, its cross-border nature makes law enforcement complicated. Second, the victims of these crimes are often intimidated and do not have access to justice. Third, the lack of international cooperation in fighting transnational crime. To overcome these challenges, it is necessary to build a strong human rights protection wall. Building a wall to protect human rights is a common task for all countries in the world. With strong cooperation and commitment, we can combat transnational crime and protect the human rights of victims.
Penggunaan Media Elektronik Dalam Perdagangan Manusia Lintas Negara Novia Andriani; Andi Aina Ilmih
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 4 (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.v2i4.937

Abstract

Human trafficking is an increasingly prevalent global issue, and social media has become a new tool for perpetrators to deceive and exploit victims. This research analyzes two main aspects: how social media becomes a means of fraud that leads to human trafficking, and effective protection and rehabilitation models for victims who are successfully released. First, this research examines various modes of fraud via social media that lead victims into human trafficking. Various platforms such as Facebook, Instagram and Twitter are used to deceive victims with the promise of promising jobs, marriage or a better life. Second, this research evaluates the protection and rehabilitation models available to victims of human trafficking. A comprehensive approach that includes legal, psychological, and socioeconomic assistance is essential to help victims recover and rebuild their lives. It is hoped that this research will contribute to a better understanding of the role of social media in human trafficking, as well as encourage the development of more effective protection and rehabilitation models for victims.
Problematika Perdagangan Manusia Sebagai Kejahatan Transnasional Dalam Perspektif Imigrasi Dan Hukum Internasional Rizqi Mei Vindraputri
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 4 (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.v2i4.940

Abstract

Globalization on an international scale has an impact on progress in the fields of information technology, communication and transportation, making borders between countries thinner or borderless. This is a principle in the international legal order, especially regarding the conception of state sovereignty. Every country in various parts of the world is guaranteed in international law and has the exclusive right to exercise its country's sovereignty without being able to intervene by other countries or any party. The sovereignty of a country is an absolute thing that cannot be ignored, because sovereignty is a sign of an independent and sovereign country. International migration that occurs has a positive impact, but sometimes it creates new problems. Like Human Trafficking or human trafficking. The writing will discuss human trafficking from the perspective of immigration and international law, including the function of immigration as a government agency that monitors the traffic of people in and out of Indonesian territory in order to maintain state sovereignty. This research itself is based on research that is normative, juridical and empirical, namely by elaborating each material followed by studying existing policies and regulations. This is intended so that the problem of human trafficking can be elaborated on existing national and international legal policies as well as from an immigration perspective. .
Perdagangan Manusia Lintas Negara di indonesia Safa Ega Arfika; Andi Aina Ilmih
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 4 (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.v2i4.941

Abstract

Human trafficking is a very serious problem in Indonesia even though the country has endorsed and disciplined the National Action Plan and to form a notion of duty to stop this crime. The phenomenon of human trafficking has become a social fact besides the economic crisis and natural disasters. The low level of education, the limited employment, free relations and acts of harmony in a family are some of the factors causing human trade. Because human trafficking involves an international criminal network, with the participation of all stakeholders through a systematic approach and strengthening the network is a must in preventing and eradicating this. In providing granting legal protection to victims of trafficking in persons, especially restitution issues have been regulated in Article 48 to Article 50 of Law Number 21 Year 2007, also regulated in Article 35 of Law Number 26 of 2000 concerning the Human Rights Court regulates the protection of human rights for human welfare. According to the 1999 Law on Human Rights, as stated in Article 1 states that human rights (HAM) is a set of rights inherent in the nature and existence of humans as almighty gods and is a gift that must be respected, highly respected, and protected by the state, law, government, and everyone for the sake of honor and protection of human dignity.
AKIBAT HUKUM TERHADAP SERTIFIKAT HAK ATAS TANAH YANG TUMPANG TINDIH: Studi Kasus Putusan Nomor 32/G/2023/PTUN SBY Tjoe Kang Long; Widyawati Boediningsih
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 4 (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.v2i4.943

Abstract

Legal efforts to facilitate referrals to plots of land so that good land management can be carried out. After the land registration has been completed according to the stages carried out, a Principal Rights Certificate is issued. This is proof of ownership and is considered strong evidence of the physical and legal data contained therein as long as the physical and legal data is still maintained. The data is in accordance with information from relevant survey documents and land legal documents. A certificate as proof of land ownership after being registered at the Land Office of course brings legal certainty to the holder. However, in fact there are several cases where the certificates overlap, such as in the case that was decided in decision number 32/G/2023/PTUN SBY ​​between Sri Wulandari and the Head of the Batu City Land Office and I Made Artawan. Legal certainty regarding land ownership is by registering the land owned by each person, because based on Article 1 paragraph (1) of the Basic Agrarian Law, by registering the land we own, this guarantees legal certainty for the land owner and is proven by the issuance of a land title certificate. This land ownership certificate has strong evidentiary value as long as the land procurement and registration is carried out according to established procedures and there are no clerical defects in the land registration. Article 32 (2) PP Regulation Number 24 of 1997.
Kaidah المهر وجوبا خق الشرع وبقاء حق امراة , ماهو مل او منفعة يمكن تسليمها شرعا يجوز التزوج عليها، وما لا لايجوز , الموجب الأ صلي في باب النكاح مهر المثل , متي سمي ما لا يصلح مهرا صح العقد فيه, ووجب مهر المثل dalam Pembahasan Mahar Laila Suhada; Mhd Amar Adly; Heri Firmansyah
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 4 (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.v2i4.945

Abstract

This article explains the rules of dowry which is a form of seriousness of a prospective husband towards the prospective wife he is going to marry. This paper uses the library research method which refers to previous research and also from books related to dowry. With the aim of finding out about the dowry and the rules of jurisprudence related to the dowry. The rules include that the dowry is obligatory and is a woman's right. The initial requirement in the marriage section is a commensurate dowry, property or benefits that can be handed over legally, marriage can be given to it and nothing that is not allowed, then what is not considered a dowry is called dowry, then the contract is valid and a similar dowry is required.
Kaidah المشقه تجلب التيسير dan Penerapannya dalam Hukum Keluarga Nur Suci Alawiyah; Mhd Amar Adly; Heri Firmansyah
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 4 (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.v2i4.946

Abstract

Because Islamic law is not mentioned directly in the Qur'an and Hadith, interpretation and contextualization through ijtihad are often necessary. To achieve this, Islamic jurisprudence must be integrated with current conditions and societal demands. This must be done in accordance with maqasid al-syariah, namely the aim of overcoming legal problems faced by individuals (mukallaf). Sharia guarantees the welfare of every person and is adapted to their abilities. It is stated in a hadith in the hadith of the Prophet narrated by Bukhari which means: "Religion makes things easy, the religion that Allah loves is the true and easy religion" (HR. Bukhari from Abu Hurairah) shows that Islam emphasizes the importance of ease in fulfilling religious obligations. According to the principle of المشقه تجلب التيسير, which means that difficulty brings ease, Islamic law is flexible to deal with the difficulties people face in worship and transactions. The concept of المشقه تجلب التيسير in the application of Islamic family law is explained in this paper using qualitative descriptive methodology and literature review techniques. Sources for this research include the Al-Qur'an, Hadith, tafsir, fiqh literature, and Qawaidul Fiqiyyah. To see how this principle is applied, this paper conducts a case study on Islamic family law. The aim of Al-Masyaqqah Tajlibut Taysir is to alleviate difficulties in the application of Islamic family law so that people can fulfill their obligations without experiencing due difficulties. This study identified seven categories of hardship (masyaqqah) that require relief (rukhsah), such as travel, illness, compulsion, forgetfulness, ignorance, general hardship, and deprivation. These categories guide legal experts in issuing fatwas and legal decisions to accommodate individual needs while upholding Islamic principles. In conclusion, المشقه تجلب التيسير serves as a basic principle in Islamic jurisprudence, facilitating the harmonization of Sharia with individual circumstances and societal needs, particularly in family law matters such as marriage contracts. Its application underscores the adaptability and compassion inherent in the principles of Islamic law, which promote justice and well-being for all individuals.
Persepsi Masyarakat Terhadap Kejadian Tanah Longsor Dalam Pembangunan Perumahan Mewah Kota Samarinda Nazla Zahira Yasmin; Siti Raodah; Adhe Satryo Baratha Yuda; Aryo Mukti Nugraha; Asnawi Mubarok
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 4 (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.v2i4.947

Abstract

. This research raises the issue of elite housing development on Jalan M.T. Haryono in Samarinda City, which has generated controversy due to violations and negative impacts on the surrounding. This research aims to understand the perceptions of the people of Gang 6 M. Said who became victims of landslides caused by its activities.This research uses a qualitative method with data collection techniques analyzing news articles, scientific journals, official reports, and other related documents, field observations and in-depth interviews with people in there. The results showed that the people who lived in there have almost similar perceptions towards the construction of this elite housing project. Most of the community didn’t know that the lowering of the seal of the development project had been carried out from March 2024. However, the majority of residents still feel worried after the landslide incident. Therefore, some residents moved from the area near the development project. Although, the residents also appreciate the responsibility of the housing company afterwards, starting from material responsibility and the needs such as food, blankets, and others, and thankful for the steps taken by the Samarinda City Government, which is swift to face, listen to, and follow up on this issue.
Kaidah الأمور بمقاصدها Dan Penerapannya Dalam Fikih Keluarga Faishal Faishal; Mhd Amar Adly; Heri Firmansyah
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 4 (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.v2i4.948

Abstract

Fiqh rules are formulated based on general principles and can be applied in various contexts. With these rules, Islamic law still has unity and integrity in its principles even though there are variations in its application according to different circumstances and conditions. In the rules of jurisprudence, there are 6 basic rules, 5 of which are agreed upon and the 6th rule which is still disputed by scholars, namely. Al Yaqin la yuzal bi al-syak. Al-Masyaqqah tajlib al-Taysir. Al-Dhoror Yuzal. Al-'adah muhakkamah. And what is disputed is I'malul Kalam awla min Ihmalihi. This article aims to discuss one of the basic rules of al Umur bi Maqasidiha, the meaning, meaning of the rule, the origin of the rule and exceptions as well as the application of the rule of al Umur bi Maqasidiha in family jurisprudence. This research is a library research study. Primary data sources were obtained from literature and classical books of ulama related to the rules of al Umur bi Maqasidiha. According to this rule, every human word and action depends on the intention and intent of the perpetrator. So worship that is not based on good and correct intentions can invalidate the worship.
Kaidah Yang Terdapat Pada Bab Wali Nikah Ahmad Zaky Nauval; Mhd Amar Adly; Heri Firmansyah
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 4 (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.v2i4.949

Abstract

Marriage is not only about forming a family which occurs because of the union of a man and a woman, but marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of f0orming a happy and eternal family (household) based on the belief in the Almighty God. One of the most important things about marriage is the marriage guardian. This article aims to find out the theory regarding marriage guardians, the rules for marriage guardians, the arguments and origins of the rules, examples of rules and exceptions to the rules. By using juridical-normative legal research methods, this article will review this conflict. The research results show that there are rules that regulate that a marriage guardian should not be a Fudhulli.

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