cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Hamzah
Contact Email
hamzahlatif122@gmail.com
Phone
+6285299598071
Journal Mail Official
albayyinah08@gmail.com
Editorial Address
Jln. Hos Cokroaminoto, Kampus 1 IAIN Bone, Watampone, Kab. Bone, Prov. Sulawesi Selatan, Indonesia
Location
Kab. bone,
Sulawesi selatan
INDONESIA
Al-Bayyinah
Published by Institut Agama Islam Negeri Bone
ISSN : 19797486     EISSN : 25805088     DOI : https://doi.org/10.35673/al-bayyinah.v1i2.20
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Mengundang para peneliti, dosen, praktisi hukum, mahasiswa, dan masyarakat umum untuk mempublikasikan hasil penelitiannya di Jurnal Al-Bayyinah. Jurnal Al-Bayyinah merupakan Jurnal Nasional terbitan Fakultas Syariat dan Hukum Islam Institut Agama Islam Negeri Bone yang fokus pada kajian; Hukum Islam, Hukum Keluarga Islam, Hukum Ekonomi Islam, Hukum Tata Negara Islam dan kajian sosial, budaya, adat yang dihubungkan dengan hukum Islam. Jurnal Al-Bayyinah yang telah diakses oleh Kementerian Riset, Teknologi, dan Pendidikan Tinggi.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 9 Documents
 1 
Search results for , issue "Vol. 8 No. 2 (2024): Al-Bayyinah" : 9 Documents clear
Increasing Legal Awareness of Child Neglect Crimes by Parents with Increased Legal Awareness Nawawi, Jumriani; Fadhilah, Nurul; Sulkifly, Sulkifly; Muhaemin, Amril
Al-Bayyinah Vol. 8 No. 2 (2024): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v8i2.5483

Abstract

Law enforcement against the phenomenon of child neglect by parents is a complex problem. Awareness and obedience to the law can be used as a strategy for minimizing child neglect. As a solution in creating the next generation of the nation with superior character and producing quality and moral human resources. The core of the problem carried out in this study is first, identifying the phenomenon of child neglect in Bone Regency, and second, identifying law enforcement efforts against the crime of child abuse by increasing legal awareness. The research methods used are normative juridical and empirical juridical. The results of the study show that neglect of children in Bone Regency is in the form of physical, educational, emotional, and medical neglect caused by the weak influence of the synergy of substance, structure, and culture by Lawrence Friedman's law enforcement theory. Preventive law enforcement efforts for child neglect are carried out by regulations, but repressive efforts from law enforcement are still constrained by public legal awareness of the crime of child neglect. Repressive efforts need strategies to support law enforcement of child neglect crimes by parents in the form of the concept of post-responsibility to realize child protection.
Legal Analysis Regarding the Dismissal of Judges During Their Term of Office Dewangga, Andi; Firmantoro, Zuhad Aji
Al-Bayyinah Vol. 8 No. 2 (2024): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v8i2.6780

Abstract

This research examines the legal analysis regarding the mechanism for the dismissal of Constitutional Judge Aswanto by the People's Representative Council (DPR) before the end of his term of office, highlighting challenges to the integrity and independence of the Indonesian Constitutional Court (MK). In the context of appointing and dismissing judges involving the DPR, Supreme Court, and President, the research uses an empirical juridical approach to explore the interaction between legal norms applicable practices, and public perceptions. This research method combines normative analysis of regulations with in-depth interviews and public surveys. The findings show that Justice Aswanto's dismissal was influenced more by politics than a clear violation of the law, raising concerns about political interference threatening the MK's independence. A dismissal process that lacks transparency and objectivity raises serious questions about the integrity of the legal process. This research recommends reforms in the judge removal mechanism to reduce political influence and ensure a fairer and more transparent process and emphasizes the importance of public oversight and participation to strengthen public trust and maintain the integrity of the judiciary.
Public Policy Theory Analysis of the Distribution of Hajj Pilgrim Quotas in Indonesia Hasmiyati, Hasmiyati; Ramadhani, Ummu Saad
Al-Bayyinah Vol. 8 No. 2 (2024): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v8i2.7302

Abstract

This study analyzes public policy theories on the distribution of hajj pilgrim quotas in Indonesia. The objectives of the research include discussing in depth the understanding and importance of public policy in the hajj pilgrimage, as well as public policy analysis on the distribution of quotas for pilgrims in Indonesia. The research was carried out in a literature manner with a normative juridical approach through data collection by researching literature materials. From the perspective of public policy theory, the hajj visa policy must be designed with various aspects in mind including social justice, administrative efficiency, and applicable legal principles. The government must strive to optimize quota allocation by considering the needs of the community and the existing service capacity. Good management of the registration and quota distribution system can reduce dissatisfaction among prospective pilgrims and increase public trust in this process. Overall, public policies regarding hajj visas and the distribution of hajj pilgrim quotas in Indonesia must continue to be refined by taking into account feedback from the public and making necessary adjustments to face existing challenges. The government is expected to develop policies that not only meet the principles of justice and efficiency but also pay attention to social and cultural aspects relevant to the implementation of the hajj.
Paradigmatic Study of the Supreme Court's Downgrade Decision in the Case of Premeditated Murder of Nofriansyah Yosua Hutabarat Zakiyah, Ninik; Corputty, Patrick; Hutabarat, Feby Amalia; Amir, Irfan; Sembiring, Adventi Ferawati
Al-Bayyinah Vol. 8 No. 2 (2024): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v8i2.7452

Abstract

This study examines the Supreme Court's decision in the premeditated murder case involving Ferdy Sambo, focusing on the reduction of the sentence from the death penalty to life imprisonment. The research aims to identify non-legal factors influencing the verdict, analyze its implications for Indonesia's criminal law paradigm, and evaluate public responses following the cassation decision. A descriptive-analytical approach was employed, utilizing legal document analysis and the post-positivist paradigm as the theoretical framework. The study interprets judicial considerations within a dynamic legal context, integrating legal norms with reflective interpretations. The findings reveal that the sentencing change reflects a shift in Indonesia's criminal law paradigm from retributive to rehabilitative, as adopted in the new Penal Code. The defendant's remorse was a key factor in the sentencing reduction. However, public response to the cassation decision indicated a decline in public trust and engagement with the judiciary, evidenced by reduced public discourse compared to the case's initial stages. The shift from retributive to rehabilitative justice served as the basis for the cassation decision. This study highlights challenges in strengthening public trust in the judicial system, emphasizing the need for greater transparency and accountability in legal decision-making processes.
Legal Protection for Child Victims of Sexual Abuse in Palopo City: Islamic Criminal Law Perspective Rahimuddin, Hastuti; Yusmad, Muammar Arafat; Assaad, Andi Sukmawati
Al-Bayyinah Vol. 8 No. 2 (2024): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v8i2.6836

Abstract

The purpose of this study was to explore legal protection for child victims of sexual violence in the city of Palopo from the perspective of Islamic criminal law. The research method used was qualitative with interview and observation data collection techniques. The results of the study found that Sexual Violence against Children in the City of Palopo each consisted of two parts, namely: Verbal Violence in the City of Palopo, each of which was obtained by researchers amounting to 17 (seventeen) cases, and Physical Violence, acts of physical violence against Children at LPPA Luwu Raya in 2013. 2022/2023 proved 12 (twelve) cases, namely 9 (nine) cases of immorality in the form of abuse that had an impact on the physical. Furthermore, the Form of Legal Protection for Child Victims of Sexual Violence in the City of Palopo is to obtain protection for the safety of their person, family, and property and be free from threats from any party. In addition, in legal cases, child victims of sexual violence are not exposed like other criminal acts. Sexual harassment in the perspective of Islamic law does not have clear rules and provisions regarding detailed legal sanctions. So the legal provisions become a matter of ijtihad of scholars or the government that will produce legal provisions by referring to the legal provisions contained in the Qur'an and hadith. In another perspective, perpetrators of sexual harassment will be handed over to the judge or government who has the right to decide the case.
Judicial jurisdiction of the State Council in light of the provisions of the 2020 Constitution Benaichouche, Omar; Eldjilali, Ben Tayeb
Al-Bayyinah Vol. 8 No. 2 (2024): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v8i2.7412

Abstract

In the 2020 constitutional amendments in Algeria, the founders of the constitution approved the creation of an administrative appellate court, and thus the contract of the administrative judicial structure (administrative courts, administrative appellate courts, Council of State) was completed, as the legislator needed to redistribute judicial jurisdiction among the three judicial bodies, to ease the pressure on the Council of State, and devote itself to exercising its advisory and judicial powers, which prompted us to ask about the judicial jurisdiction of the Council of State in light of the latest legal amendments. To address these issues, we decided to divide the plan into two axes: On the first axis, we addressed the organization of the judicial bodies of the Council of State, while on the second axis, we addressed the judicial jurisdiction of the Council of State. This research uses a descriptive analytical approach, as well as an inductive approach, by extrapolating legal texts related to the judicial functions of the Council of State. The 2020 constitutional amendments and the accompanying legal amendments that will strengthen the principle of two-tier litigation in administrative matters, are considered one of the most important basic principles of the judiciary, and enshrine legal protection and supervision of the work of public institutions and administrative administration, and embody the principle of legitimacy. The establishment of administrative courts of appeal has significantly contributed to the harmonious redistribution of judicial jurisdiction among Algeria's administrative judicial structures. The research recommends the importance for the legislative authorities to amend the internal regulations of the Council of State, to adapt to recent legal amendments, including the 2020 constitutional amendments, Organic Law No. 22-11 amending and supplementing Law 98-01, and Law 22-13 amending and supplementing Law 08-09, including the Codes of Civil and Administrative Procedure.
Pancasila in the Perspective of Customary Law in Indonesia Marzuki, Abdul Ukas
Al-Bayyinah Vol. 8 No. 2 (2024): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v8i2.7376

Abstract

Harmonization between Pancasila and customary law in Indonesia, to identify the potential of customary law in strengthening Pancasila values in the context of the national legal system. This research uses a qualitative approach, collecting data through literature studies by searching various relevant literature, both in the form of books, scientific journals, and literature related to Pancasila and customary law in Indonesia. The results of the study show that there is harmony between the precepts of Pancasila and the values contained in customary law, especially in terms of togetherness, social justice, and respect for community life. However, there are still challenges in harmonization, such as the dominance of national law and the lack of formal recognition of customary law. Therefore, this article recommends several steps to achieve better harmonization, including formal recognition of the role of customary law, strengthening the capacity of customary law communities, and implementing deliberative dispute resolution mechanisms. This research emphasizes that customary law has a strategic role in strengthening the implementation of Pancasila values, so that it can contribute to a more equitable national development based on local wisdom.
Improving Consumer Legal Protection in E-Commerce: Analysis of Shopee's Policies and Mechanisms in Combating Counterfeit Products Permatasari, Hanny Indah; Sudiro, Amoury Adi
Al-Bayyinah Vol. 8 No. 2 (2024): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v8i2.7676

Abstract

Online marketplaces like Shopee offer unrivaled access to global products in the digital era. Online marketplaces have become the primary means of buying and selling, making it easy for consumers to obtain various products. However, this convenience also brings challenges, especially regarding legal protection for consumers. One of the problems that often arises is the sale of products that do not match the description. This study evaluates Shopee's policies and mechanisms in ensuring product authenticity and handling consumer complaints related to counterfeit goods. Using a qualitative approach with document analysis, this study explores Shopee's merchant agreements and consumer experiences. The research findings show that despite its strict policies, there are still gaps in the enforcement and complaint resolution mechanisms, which contribute to consumer distrust. There are still many cases of goods purchased by consumers that do not match the description, which is detrimental to consumers. Law Number 8 of 1999 concerning Consumer Legal Protection explicitly regulates consumer rights, such as obtaining open information from sellers. This gap requires an evaluation of the effectiveness of consumer protection policies against counterfeit product fraud cases. Recommendations provided include improving the verification process, proactive monitoring, and transparency in sanctions to strengthen consumer legal protection. This research contributes to the importance of consumer legal protection in e-commerce, offering insights for policy improvement and empowering consumers to navigate online transactions safely.
Law Enforcement of Law Number 8 of 2010 Against Perpetrators of Money Laundering Crimes Hanun, Yunan; Arwanto, Bambang
Al-Bayyinah Vol. 8 No. 2 (2024): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v8i2.7377

Abstract

In essence, money laundering is disguising a wealth's origin so that its use can occur without knowing its halal or haram source. This study aims to find out law enforcement and judges' considerations in imposing penalties and fines on the perpetrators of money laundering crimes as stipulated in Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes (TPPU). This research uses normative legal research techniques, so the data obtained is sourced from literature materials. The results of the study show that Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crime provides a legal basis for the crime of Money Laundering. Law enforcement against perpetrators of fraud and money laundering has been realized in accordance with applicable regulations. One of the cases experienced by Indra Kenz who was sentenced to ten years in prison and a fine of five billion rupiah for having committed fraud and online gambling crimes involving the Binomo trading application. The verdict is not in accordance with the demands of the South Tangerang Public Prosecutor who demanded a prison sentence of twenty years and a fine of ten billion rupiah. However, the panel of judges considered various factors before deciding not to comply with the prosecutor's request and reduce Indra Kenz's sentence. It is recommended that to avoid scams, the public is urged to educate themselves more about the correct investment techniques before engaging in any financial activities. 

Page 1 of 1 | Total Record : 9

 1 

Filter by Year

2024 2024


Reset
Filter By Issues
All Issue Vol. 9 No. 1 (2025): Al-Bayyinah Vol. 8 No. 2 (2024): Al-Bayyinah Vol. 8 No. 1 (2024): Al-Bayyinah Vol. 7 No. 2 (2023): Al-Bayyinah Vol. 7 No. 1 (2023): Al-Bayyinah Vol 6, No 2 (2022): Al-Bayyinah Vol 6, No 1 (2022): Al-Bayyinah Vol 5, No 2 (2021): Al-Bayyinah Vol 5, No 1 (2021): Al-Bayyinah Vol 4, No 2 (2020) Vol 4, No 1 (2020) Vol 3, No 2 (2019) Vol 3, No 1 (2019) Vol 2, No 2 (2018): Al-Bayyinah Vol 2, No 1 (2018): Al-Bayyinah Vol 1, No 2 (2017): Desember Vol 1, No 1 (2017): Juni More Issue