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INDONESIA
Aladalah: Jurnal Politik, Sosial, Hukum dan Humaniora
ISSN : 2962889X     EISSN : 29628903     DOI : 10.59246
Core Subject : Humanities, Social,
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
Articles 265 Documents
Larangan Pernikahan Ngalur Ngulon Menurut Perspektif Hukum Islam : Studi Kasus Pengadilan Agama Stabat No 157/ Pdt.P/2023 Muhammad Habib Hilmy Dahri; Azhar Azhar; Syahrul Affan
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.v3i1.1182

Abstract

The guardian of marriage in marriage is a pillar that must be fulfilled for the prospective bride who acts to marry her off, without a guardian the marriage is invalid. therefore this case asks the religious court to determine the judge's guardian in order to marry off the bride who is constrained by the guardian adhal because of the involvement of the Ngalur Ngulon custom that is believed by the local community. This research uses a qualitative method with a case study approach. The qualitative approach was chosen because this research aims to understand complex social and legal phenomena related to the Ngalur Ngulon custom and its interaction with Islamic law and state law. the research location chosen by the author is at the Stabat Class-I B Religious Court. This research uses two types of data, primary data and secondary data. In the decision of case number 157/Pdt.P/2023, the Religious Court determines the wali hakim as the marriage guardian of a woman whose nasab guardian is adhal based on Regulation of the Minister of Religion No. 2 of 1987 concerning wali hakim, Law No. 1 of 1974 concerning Marriage, Regulation of the Minister of Religion No. 2 of 1987 concerning Wali Hakim, Regulation of the Minister of Religion 2 of 1987 concerning Guardian Judges, Regulation of the Minister of Religious Affairs No. 30 of 2005 concerning Guardian Judges, Regulation of the Minister of Religious Affairs No. 11 of 2007 concerning Marriage Registration and the Compilation of Islamic Law (KHI) in force based on a presidential instruction in 1991. In Islamic law, there is no prohibition or rule regarding the direction of the house or the location of the bride and groom's house, The important thing is to fulfill the legal requirements of marriage as mentioned earlier (a valid marriage contract, a guardian, a dowry, and witnesses).
Pandangan Hakim Pengadilan Agama dalam Pelaksanaan Istbat Nikah terhadap Pernikahan Sirri yang Dilakukan Pasca Berlakunya UU No. 1 Tahun 1974: Studi Kasus Pengadilan Agama Stabat Alvina Aliya; Muhammad Saleh; Ahmad Fuadi
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.v3i1.1183

Abstract

The term unregistered marriage is often heard by people to refer to a marriage that is carried out secretly and without being registered at the District Religious Affairs Office. For those who are Muslim, but cannot prove the marriage with a marriage certificate, they can submit an application for itsbat nikah (determination/validation of marriage) to the Religious Court as regulated in Article 7 Paragraph (3) of the Compilation of Islamic Law (KHI). This study aims to determine the Legal Procedure for Isbat Nikah for Unregistered Marriage, the differences in perspectives between religious law and state law regarding unregistered marriage, the obstacles faced by unregistered marriage couples in the marriage istbat process and to find out the views of religious court judges regarding istbat nikah for unregistered marriages carried out after the enactment of Law no. 1 of 1974 concerning marriage. The research method used in this study is a qualitative method. Qualitative methods are used to collect data and information from related sources, such as legal practitioners, judges, or couples who are unregistered. The marriage istbat process is a bridge to officially recognize unregistered marriages by the state, so that couples obtain the legal rights they should. With the coordination between these two legal systems, secret marriages can gain legal recognition, both before religion and the state. The view of religious court judges on the istbat nikah for secret marriages after the enactment of Law No. 1 of 1974 concerning Marriage reflects an effort to balance religious law that recognizes the validity of marriages according to religious requirements, and state law that requires administrative registration of marriages.
PERUBAHAN HAK NORMATIF PEKERJA DALAM PEMUTUSAN HUBUNGAN KERJA BERDASARKAN UNDANG-UNDANG CIPTA KERJA Hanny Jermias Onisimus Salamena; Moh. Saleh
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 2 (2025): ALADALAH: 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.v3i2.1188

Abstract

Abstract. The Omnibus Law on Job Creation (Law No. 11 of 2020) brought significant changes to labor regulations in Indonesia, particularly regarding termination of employment (PHK). This law provides greater flexibility for employers in the PHK procedure, especially for economic or efficiency reasons, but raises concerns about the protection of workers' rights, such as severance pay. In this context, Law No. 6 of 2023 was enacted to strengthen the protection of workers' normative rights, including in the PHK procedures and social security. This law clarifies the provisions related to PHK, offers better legal certainty, and strengthens sanctions for employers who violate the rules. Despite challenges in implementation, both laws aim to create a balanced labor climate that supports job creation and investment without sacrificing workers' rights.
Studi Komparatif: Pandangan Ulama Mengenai Nasab sebagai Syarat Kafa’ah dalam Pernikahan Muhammad Hafiz Fajar Hidayah; Julia Barus
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.v3i2.1206

Abstract

This study analyzes the concept of nasab as one of the criteria for kafa'ah in marriage according to the views of scholars across madhhabs. Kafa'ah is defined as equality between husband and wife candidates in various aspects, such as religion, lineage, wealth, and social status, with the aim of creating a harmonious and sustainable household life. The research approach is conducted through a literature study with a comparative analysis method of the views of the Hanafi, Maliki, Shafi'i and Hambali madhhabs. The majority of scholars from various madhhabs recognize the importance of nasab as one of the determining elements in kafa'ah, especially to maintain family honor and stability. However, the Maliki school of thought emphasizes that equality in terms of religion and morals has more significant weight than nasab, in line with the principles of universality and human equality in Islam. This study concludes that although there are differences of opinion among scholars, they all lead to the common goal of realizing a solid marriage that is in line
Mengidolakan Artis Non Muslim Menurut Pandangan Hukum Islam A Riyanda Rizky; Ahmad Sanusi Luqman; Kamaliah Kamaliah
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 2 (2025): ALADALAH: 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.v3i2.1210

Abstract

The phenomenon of idolizing non-Muslim artists, particularly within the global popular culture, has increasingly spread among Muslim communities. This study aims to analyze the practice of idolizing non-Muslim artists from the perspective of Islamic law, considering the principles of faith (aqidah), morality (akhlaq), and sharia. The research employs a qualitative approach with literature analysis, encompassing studies of Quranic verses, hadith, and the opinions of Islamic scholars. The findings indicate that idolizing non-Muslim artists can be acceptable in Islam as long as it does not contradict the fundamental principles of the religion, such as preserving faith, avoiding behavior contrary to sharia, and not neglecting religious obligations. However, if such idolization involves excessive admiration (ghuluw), imitation of behaviors that violate Islamic law, or negative influences on one’s faith, it is considered impermissible. This study is expected to provide a deeper understanding of the boundaries in idolizing public figures who are non-Muslims and to serve as guidance for Muslims in maintaining their religious identity in an era of cultural globalization.
Penerapan Ghadhul Bashar di Era Digital dalam Kehidupan sebagai Generasi Z : Studi Kasus di Dusun IV Panton-Pangkalan Susu Arbiyansyah Al Fajar; Muhammad Saleh; Kamaliah R
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 2 (2025): ALADALAH: 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.v3i2.1211

Abstract

This study examines the implementation of Ghadhdhul Bashar (lowering one's gaze) in the life of Generation Z in the digital era, focusing on the youth of Dusun IV Panton, Pangkalan Susu. The study addresses the phenomenon of increasing free association and access to digital content that contradicts Islamic principles, such as unsupervised interactions between opposite genders. The research aims to explore Generation Z's behavioral patterns toward digital media and social interactions, as well as to evaluate the application of Ghadhdhul Bashar values as an educational solution. The study employs a qualitative approach using interviews, observations, and literature reviews as data collection techniques. The findings reveal that the implementation of Ghadhdhul Bashar is still minimal due to a lack of religious understanding, the influence of social media, and weak environmental control. This study recommends an educational approach based on Islamic values and increased collective awareness as a strategy to implement Islamic principles in the digital era.
Efektivitas Program Pusaka Sakinah sebagai Preventif dalam Meminimalisir Perceraian pada KUA Kecamatan Stabat Kabupaten Langkat Muhammad Hafiz; Sudianto Sudianto; Azhar Azhar
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 2 (2025): ALADALAH: 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.v3i2.1213

Abstract

Marriage is a bond of body and soul between a man and a woman as husband and wife, with the aim of forming a happy family based on the belief in the One and Only God. In married life, husband and wife must build a positive and harmonious interaction pattern so that a harmonious family can be created. The government instructed the Ministry of Religious Affairs through the Director General of Islamic Community Guidance in 2019 by issuing regulations on the implementation of the Sakinah Heritage program, which is motivated by the high divorce rates in Indonesia due to economic factors, disputes, and incessant quarrels. In this research, the researcher has two problem formulations: 1) What is the effectiveness of the Sakinah Heritage program at the Office of Religious Affairs in Stabat District, Langkat Regency? 2) How does the Sakinah Heritage program serve as a preventive measure against divorce among couples in the Stabat District Office of Religious Affairs, Langkat Regency? This study uses a qualitative research method that is empirical in nature, conducting field research with a legal sociology approach and a statute approach. The data sources used in this research are primary data sources in the form of information obtained from several informants, including: the Head of the Office of Religious Affairs in Stabat District, Religious Counselors, Marriage Registrars, and participants of the Sakinah Heritage program, as well as secondary data in the form of documents supporting the primary data. The data collection techniques in this study include observation, interviews, and documentation. The data analysis in this research uses analytical procedures, namely data reduction, data presentation, and verification. The results of this study indicate that the implementation of the Sakinah Heritage program at the Office of Religious Affairs in Stabat District, Langkat Regency, based on the analysis, has been in accordance with the Decree of the Director General of Islamic Community Guidance Number 783 of 2019 concerning Guidelines for Sakinah Family Services. This program is important for couples in the Stabat District Office of Religious Affairs to follow as an alternative government step to prevent divorce, as couples who have participated in the Sakinah Heritage program have been well-prepared to create a resilient and strong family.
Pandangan MUI Langkat terhadap Budaya Tabur Bunga di Atas Perahu Baru yang Akan Pergi Melaut: Studi Kasus di Pelabuhan Sei Bilah Pangkalan Brandan Muhammad Refli Reynaldi; Muhammad Saleh; Diyan Yusri
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 2 (2025): ALADALAH: 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.v3i2.1215

Abstract

Based on the results of observations at the research location, the identification of the problems found was obtained, namely: The implementation of the flower sowing culture in the coastal areas of Langkat Regency is still carried out precisely as a cultural tradition. Communities who carry out the sea jamu ritual do not yet have a qualified understanding of religion. So that the implementation of the sea herbal ritual is considered a tradition in the Malay tribe which is still preserved without regard to the legal lines in Islamic religious teachings. The results of these observations are used by the authors as a basis for formulating the problem in this study, namely how is the compatibility between culture and Islamic law regarding the implementation of sowing flowers in the Langkat Regency area? The research method used is a qualitative research method, namely the author collects data through data collection techniques in a theoretical description and facts in the field based on observations, interviews and documentation so that the results of the implementation of this research are: Efforts to standardize the sea alms ceremony tradition from elements elements prohibited by Islam, one of which is the use of offerings in the form of various kinds of food and buffalo heads or goat heads, namely by providing enlightenment to the community little by little, slowly and gradually, as was done by the scholars and religious leaders in Sei Blade. It is different from the sea alms ceremony in Sei Bilah because the community has a strong belief in things like that. In the procession of the sea alms ceremony in Sei Bilah, the ritual of burning incense and believing in the myth of the existence of sea guardians.
Nikah dalam Lamaran Orang Maulana Alghifari Harahap; Faiz Nayla Chasnun
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 2 (2025): ALADALAH: 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.v3i2.1226

Abstract

Bondage status is the position of an individual which is determined based on relationships with other individuals in society who provide goods or a sum of money to be used as a bond at the proposal event so that no one can take the woman who has been proposed to. A sermon is a request from a man to a woman to become his wife, in ways that generally apply in society. This research aims to explain the definition of khitbah, its requirements, the views of the ulama, including the opinions of Jumhur and Imam Malik, as well as the causes of differences of opinion among the ulama. It was found that the sermon is a recommendation of Islamic law which provides space for prospective partners to get to know and understand each other. Some ulama view khitbah as sunnah, while the prohibition on applying for someone else's proposal is considered haram according to the majority of ulama, with certain exceptions. This study concludes the importance of maintaining ethics in sermons to create a harmonious marital relationship, in accordance with Islamic values.
Simbolisme Haji dan Emas dalam Falsafah Haji Bugis : Perspektif Hukum Islam Anjas Saputra; Muhammad Mulyadi; Ferdiansa Putra; Kurniati Kurniati
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 2 (2025): ALADALAH: 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.v3i2.1232

Abstract

In Bugis society, the Hajj pilgrimage holds deep meaning, symbolizing both spiritual and social status. The symbols of ‘Aji’ and gold are often used to affirm a person's elevated position after completing the Hajj, indicating a rise in their social standing. This study is crucial to understanding how the Hajj influences the social and spiritual structure of Bugis society. This article aims to explore the symbolic meaning of ‘Aji’ and gold in the context of post-Hajj social-spiritual status within the Bugis community. The research utilizes library research methods with Islamic law and social anthropology approaches to analyze the relationship between the Hajj and social status. The findings indicate that the title ‘Aji’ not only symbolizes piety but also enhances the individual’s social status within the community. Gold as a status symbol further reinforces this social influence, creating a new hierarchy based on spiritual and economic achievements. Academically, it is recommended to view this phenomenon as an integration between religious values and local culture, and to deepen cross-disciplinary studies on the role of Hajj in the social structures of Muslim communities.