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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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Analisis Kesadaran Hukum dalam Meminimalisir Potensi Tindak Pidana Penggelapan dan Penipuan di Kalangan Petani Padi : Studi Kasus di di Desa Taman, Kecamatan Jrengik, Sampang Surya Nusantara; Sumriyah Sumriyah
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 1 (2025): 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.v3i1.1096

Abstract

Crimes of embezzlement and fraud often occur among rice farmers, causing significant economic and social losses. This research aims to identify the factors that trigger these criminal acts and formulate effective prevention strategies. Through literature studies and in-depth interviews with farmers, extension officers, and law enforcement officials, this research found that a lack of legal knowledge, weak supervision, and unequal economic opportunities were the main factors. Based on these findings, this research suggests several preventive steps, such as increasing legal awareness, strengthening farmer institutions, and improving the harvest distribution system.
Implementasi Perjanjian Tertulis dalam Kegiatan Sewa Menyewa Lahan Pertanian : Studi Kasus di di Desa Taman, Kecamatan Jrengik, Kabupaten Sampang Gracia Tribuana Wibowo; Sumriyah Sumriyah
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 1 (2025): 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.v3i1.1100

Abstract

The urgency of arranging written contracts in business practice is to ensure that the exchange of interests (rights and obligations) takes place proportionally for the parties, and to provide legal certainty that can guarantee that the parties are not harmed by each other, so that a fair contractual relationship can be established. and mutually beneficial. Not the other way around, harming one of the parties or even ultimately harming the contracting parties. Likewise, with the commercial contracts which are the focus of this research, simply questioning contractual imbalances based on the sound of the contract clauses actually goes against the essence of the contractual relationship built by the parties. In commercial contracts, the aim of the parties is more aimed at building business relationships that are fair and do not harm each other. Rentals of agricultural land involving farmers and also the community who own the land should be contained in a written contract containing clauses that have been agreed upon by the parties to obtain legal certainty. The urgency of arranging written contracts in business practice is to ensure that the exchange of interests (rights and obligations) takes place proportionally for the parties, and to provide legal certainty that can guarantee that the parties are not harmed by each other, so that a fair contractual relationship can be established. and mutually beneficial. Not the other way around, harming one of the parties or even ultimately harming the contracting parties. Likewise, with the commercial contracts which are the focus of this research, simply questioning contractual imbalances based on the sound of the contract clauses actually goes against the essence of the contractual relationship built by the parties. In commercial contracts, the aim of the parties is more aimed at building business relationships that are fair and do not harm each other. Rentals of agricultural land involving farmers and also the community who own the land should be contained in a written contract containing clauses that have been agreed upon by the parties to obtain legal certainty.
Comparison of the Limited Liability Company Law in Indonesia and Brunei Darussalam Anwar Sunarjo; Zainal Arifin Hosein
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 1 (2025): 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.v3i1.1102

Abstract

This study aims to compare the regulations regarding the establishment and supervision of Limited Liability Companies (LLCs) in Indonesia and Brunei Darussalam. Using a normative legal research method, this study analyzes the differences and similarities in the establishment procedures of LLCs in both countries, including legal requirements, necessary documents, and company registration mechanisms. The study also discusses the comparison in corporate supervision, including accountability, transparency, and protection for both majority and minority shareholders. The approaches used are the statute approach and the conceptual approach, focusing on the legislation governing Limited Liability Companies in both countries. The results of the study indicate that although Indonesia and Brunei Darussalam have different procedures for establishing and supervising LLCs, both countries apply the principles of accountability and transparency as the basis for shareholder protection and corporate supervision.
Comparison of Dispute Resolution Through Mediation in Indonesia and Japan Sapta Eka Yanto; Zainal Arifin Hosein
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 1 (2025): 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.v3i1.1103

Abstract

This study aims to compare the mediation systems in Indonesia and Japan, focusing on procedural differences and similarities, as well as the factors influencing their implementation in both countries. Mediation as an alternative dispute resolution offers a more peaceful and efficient solution, reducing the burden on courts. In Indonesia, mediation is regulated by the Supreme Court Regulation (PERMA) No. 1 of 2016, which mandates that mediation be conducted at the early stages of the trial with non-judge mediators. In contrast, Japan's wakai system allows mediation to occur at various stages of the judicial process with judges serving as mediators. Additional differences include the procedures for conducting mediation, the authority of mediators, and the mechanisms for ratifying mediation results that hold the force of law in both countries. Despite the fundamental differences in their systems, both countries share the same goal of achieving a fair resolution beneficial to both parties. Cultural factors, legal systems, and court structures are essential elements influencing these differences and similarities. This research provides important insights for the development of mediation practices in Indonesia by considering the implementation of a more flexible system similar to Japan’s.
Employment Law Based on Civil Law and Common Law Legal Systems Ade Papa Rihi; Zainal Arifin Hosein
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 1 (2025): 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.v3i1.1104

Abstract

This study discusses the regulation of employment law based on the Civil Law and Common Law legal systems, as well as the fundamental differences between the two legal systems in employment law. In the Civil Law legal system, employment law is generally regulated by laws enacted by the government, with the role of the courts limited to the application of written and codified laws. In contrast, in the Common Law legal system, the regulation of employment law relies more on court decisions and precedents resulting from previous cases, with judges having an important role in forming new legal principles. This study uses a normative legal research method with a statute approach and a conceptual approach to analyze employment law regulations in both legal systems. The results show that the Civil Law system provides more structured and detailed provisions, while the Common Law system tends to be more flexible and relies on litigation and specific court decisions. This study is expected to provide a deeper understanding of the differences in employment law regulations based on the two legal systems.
Legal Vacuity Regarding Legal Protection for Victims of Criminal Acts of Defamation in Electronic Media Wieke Dewi Suryandari
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 1 (2025): 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.v3i1.1106

Abstract

This study aims to analyze the legal gap in legal protection for victims of criminal acts of defamation in electronic media and the challenges and efforts to protect them. Although the Electronic Information and Transactions Law (UU ITE) has regulated criminal acts of libel, there is still a legal gap in terms of victim protection, especially in enforcing victims' rights and resolving cases through clear legal mechanisms. This study uses a normative legal research method with a legislative approach and a conceptual approach to explore existing legal regulations and analyze the challenges in their implementation practices. The study results indicate that the lack of clarity in the definition and application of the law between the Criminal Code and the ITE Law confuses perpetrators and victims in accessing justice. Therefore, this study proposes the need for legal harmonization, as well as strengthening the legal protection mechanism for victims through clearer regulations and consistent application.
Pancasila sebagai Dasar Negara dan Hukum Internasional Implementasi Nilai-nilai Kemanusiaan dalam Kebijakan Luar Negeri Indonesia Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Aurellia Zahra Putri Areje; Lailatul Allifah; Siti Norhalisa
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 1 (2025): 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.v3i1.1107

Abstract

Pancasila, as the foundational philosophy of Indonesia, plays a central role in shaping national policies, including foreign policy. This paper aims to explore the implementation of Pancasila values in Indonesia's foreign policy, focusing on how humanitarian principles are integrated into diplomatic practices and international law. The study employs a qualitative approach by analyzing recent literature, policy reports, and interviews with relevant experts. The findings reveal that Pancasila, particularly the principle of Just and Civilized Humanity, serves as a moral guide in foreign policy decision-making. However, the application of these values often faces challenges due to global political dynamics and competing national interests. The evaluation shows that while there are efforts to align foreign policy with Pancasila’s humanitarian principles, there remains a need to enhance consistency and effectiveness in their implementation. This research aims to provide insights into how Indonesia can improve the integration of Pancasila values in its foreign policy and contribute to a more just and humane international legal framework.
Pancasila dan Hukum Internasional : Kajian tentang Prinsip Kedaulatan dan Hak Asasi Manusia dalam Perspektif Indonesia Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Aliffah Putri Faradina; Amelia Septiana Putri; Rahma Widianingrum
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 1 (2025): 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.v3i1.1109

Abstract

Pancasila, as the foundation of the Republic of Indonesia, is an ideology that influences various aspects of the life of the nation and state, including in the context of international law. This study aims to explore the interaction between the principles of Pancasila and the norms of international law, particularly in relation to state sovereignty and human rights. The main focus of this study is how the principles of sovereignty and human rights, which are pillars in international law, are integrated and translated in the context of Pancasila, and how this affects Indonesia's position in the global arena. This research uses a qualitative approach with a documentary study method, collecting data from books, scientific journal articles, and recent legal documents. It analyzes the application of Pancasila principles in Indonesian national law and its impact on international obligations, particularly in terms of human rights protection. The study also examines the challenges faced by Indonesia in harmonizing the principles of national sovereignty with its commitment to international human rights standards. The results show that the principles of Pancasila, such as Social Justice and Indonesian Unity, provide a strong foundation for safeguarding state sovereignty. However, there are significant challenges in integrating international human rights principles, particularly in the context of protecting minority rights and upholding global human rights standards. The research also identifies Indonesia's efforts in balancing national interests with international obligations through foreign policy and diplomacy. The implications of this research suggest the need for a more holistic and strategic approach to address the tension between state sovereignty and human rights in the global context.
Implementasi Akad Salam dalam Pengadaan Buku di Perpustakaan IAI AL-AZIS Indramayu Ditinjau dari Hukum Ekonomi Syariah Rabbani Nabilah Al-Qudsi; Rizal Maulana; Irvan Iswandi
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 1 (2025): 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.v3i1.1121

Abstract

This study examines the implementation of the akad salam contract in book procurement at the IAI AL-AZIS Indramayu Library and its compliance with the principles of Islamic economic law. The research employs a qualitative approach, with data collected through observation, interviews, and documentation. The findings reveal that the implementation of the akad salam aligns with the library's standard operating procedures (SOP). The procurement process involves identifying needs, selecting books through e-commerce, and making upfront payments before delivery. The akad salam provides flexibility and ease in procurement, supported by online technology to enhance efficiency. Risk management is carried out through buyer reviews and communication with sellers, ensuring the quality of the books received matches the orders. From the perspective of Islamic economic law, the implementation of the akad salam meets the requirements, namely upfront payment for goods to be received later. Online book procurement at the IAI AL-AZIS Library also reflects transparency and efficiency. By applying the akad salam, the library can effectively provide the necessary academic references, adhere to Sharia principles, and leverage modern technology to support educational needs. This study highlights the significant role of the akad salam in ensuring efficiency and sustainability in Sharia-based book procurement.
Peran Krusial Hakim, Hukum, Al-Mahkum Fih dan Al-Mahkum Alaih dalam Penegakan Hukum Islam Salsa Luthfiah Rezki; Fahrial S; Safitri Aulia Zalsalnabila; Kurniati Kurniati
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 1 (2025): 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.v3i1.1124

Abstract

The enforcement of Islamic law in Indonesia is still marked by various complexities, one of which is the unclear role of Judges, Law, Al-Mahkum Fih (object of law), and Al-Mahkum Alaih (subject of law). This study aims to analyze the crucial role of these four elements in the enforcement of Islamic law. Judges have a central role in the enforcement of Islamic law. They are tasked with trying cases based on Islamic law and ensuring justice for all parties. The role of judges is strengthened by a competent mastery of Usul Fiqh and an understanding of the developing social context. Islamic law used in law enforcement in Indonesia is sourced from the Qur'an and Hadith. The application of Islamic law must consider the local social and cultural context. A legal anthropology approach can be used to understand and accommodate local values ​​in the application of Islamic law. Al-Mahkum Fih is the act or action of mukallaf regulated in Islamic law. Al-Mahkum Alaih is an individual or legal entity that is the subject of Islamic law. Effective enforcement of Islamic law requires clear identification of Al-Mahkum Fih and Al-Mahkum Alaih.

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