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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
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Search results for , issue "Vol. 9 No. 2 (2025): Al-Bayyinah" : 9 Documents clear
Perspektif Fiqh Muamalah Terhadap Kepemilikan Dan Jual Beli Hasil Penambangan Emas Ilegal Di Sungai Batang Masumai Kabupaten Merangin Putra, Rama Satria; Karima, Azzahra
Al-Bayyinah Vol. 9 No. 2 (2025): 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.v9i2.9725

Abstract

Illegal gold mining practices in the Batang Masumai River area of Merangin Regency have been ongoing for years and have become the main livelihood for some residents. This activity is carried out without official government permits and by residents living along the riverbanks, thus falling into the category of illegal mining. This study aims to analyze the ownership and trade of gold resulting from this mining from the perspective of fiqh muamalah. The method of this study is field research (qualitative) using a normative-empirical approach, with data collection techniques through observation and interviews with miners as well as gold traders. The data is analyzed through stages of collection, reduction, presentation, and conclusion. The findings of this study indicate that gold obtained from illegal mining does not fulfill the conditions and requirements to be legally traded because it is sourced from activities that violate the law, damage the environment, and have the potential to unilaterally infringe on public property rights. The buying and selling of gold from illegal mining cannot be justified from the perspective of fiqh muamalah, as it does not meet the elements of lawful ownership and public benefit.
Implikasi Hukum Penyalahgunaan Narkotika oleh Anak di Bawah Umur terhadap Ketahanan Nasional di Sulawesi Selatan Al Hadana, Farid; Firamulia, Muhammad Tryas Budi; Sukarman; Margono, Farhan; Fahri, Marjana
Al-Bayyinah Vol. 9 No. 2 (2025): 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.v9i2.10268

Abstract

Drug abuse by minors is a multidimensional problem that significantly impacts national resilience. This study aims to examine the legal and strategic implications of child involvement in drug abuse, with a geographic focus on South Sulawesi Province. This study highlights the effectiveness of law enforcement, the implementation of rehabilitation policies, and the social challenges faced in fostering the younger generation as the foundation of national resilience. Using a juridical-normative and sociological approach, this study analyzes the applicable legal framework, specifically Law No. 11 of 2012 concerning the Juvenile Criminal Justice System and Law No. 35 of 2009 concerning Narcotics, as well as the dynamics of their implementation at the local level. The study’s findings indicate that drug abuse in South Sulawesi is concentrated among productive-age males in urban areas with secondary education and involvement in the informal sector, with children in this vulnerable environment. Although the legal framework formally positions children as victims entitled to diversion, rehabilitation, and exceptional protection, law enforcement practices are still dominated by repressive approaches, limited use of restorative justice, and weak inter-agency coordination. Structural constraints, including budget constraints, inadequate facilities, overlapping authority with the police, information leaks, and strong social stigma, significantly hamper the effectiveness of rehabilitation and social reintegration of child victims of drug abuse. From a national resilience perspective, these weaknesses could create an alienated and unproductive generation. This article emphasizes that an integrated penal and non-penal strategy centered on the best interests of children and community-based prevention is a crucial prerequisite for strengthening national resilience in the face of the threat of narcotics.
The The Intersection of the Actor Sequitur Forum Rei Principle with the Pacta Sunt Servanda Principle in Determining Relative Competence Haryadi, Wahyu Tris; Kumalasari, Dewi Ratih; Munawaroh, Siti; M.Tilman, Alarico
Al-Bayyinah Vol. 9 No. 2 (2025): 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.v9i2.10369

Abstract

This study focuses on the conflict between the principle of pacta sunt servanda (agreement on the choice of court in a contract)and the principle of actor sequitur forum rei (lawsuit filed at the place of residence of the defendant) in determining the relative competence of the court. The purpose of this study is to analyze the construction of the meaning of the agreement, the application of these two principles, and their impact on justice for the disputing parties. The research method employs a normative juridical approach, utilizing a statutory approach, a conceptual approach, and a case approach, which examines legislation, legal concepts, and related court decisions. The results of the study show that the application of the pacta sunt servanda principle or the choice of domicile in accordance with the contents of the contract often conflicts when the lawsuit filed by the plaintiff does not correspond to the domicile chosen in the agreement. In several decisions reviewed, the court determined relative jurisdiction in accordance with thethe chosen domicile without considering the bargaining position of both parties, thuscausing injustice to the weaker party, because judges tend toprioritize the forum selection clause without considering the bargaining position of theparties, even though based on Article 118 paragraph (4) of the HIR, the choice of domicile inan agreement is not absolute, but voluntary. This study recommends the need for a balance between legal certainty and substantive justice, which must be maintained by judges, as well as the strategic role of notaries in providing legal education to parties regarding the consequences of court jurisdiction clauses.
From Judicial Restraint to Judicial Activism: A Comparison of Decisions Number 30-74/PUU-XII/2014 and 22/PUU-XV/2017 Maslul, Syaifullahil
Al-Bayyinah Vol. 9 No. 2 (2025): 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.v9i2.10396

Abstract

In the case review of decision Number 30-74/PUU-XII/2014 and 22/PUU-XV/2017, the Constitutional Court experienced a shift from judicial restraint to judicial activism. The object of the case being tested was Article 7, paragraph (1) of the Marriage Law relating to the age limit for marriage. Article 7, paragraph 7 (1) of the Marriage Law is an open legal policy. In practice, the Constitutional Court applies the principle of judicial restraint as stated in the decision 30-74/PUU-XII/2014. This is different from decision 22/PUU-XV/2017. This essay formulates the shift in the Constitutional Court's stance from judicial restraint to judicial activism. The change in the Constitutional Court's stance opens up important questions regarding the consistency and limits of its authority in a state of law and living constitution in the Constitutional Court's decisions. This research uses a regulatory approach (statute approach) and a conceptual approach (conceptual approach). The results of this study are the differences in legal considerations in decisions 30-74/PUU-XII/2014 and 22/PUU-XV/2017. These differences arise in legal considerations and verdicts. Second, the shift of the Constitutional Court from judicial restraint to judicial activism is marked by differences in viewing the testing of open legal policies, the form of progressiveness of the Constitutional Court, and judicial activism in enforcing justice in a limited manner. Third, the living constitution theory requires the Constitutional Court to re-interpret the Constitutional Court's powers within the Constitution. This interpretation must be in line with the legal needs of society, particularly in the context of the age limit for marriage.
Telematics in Global Digital Trade: A Case Study of Temu and Shein and Its Implications For E-Commerce Regulations in Indonesia and UNCITRAL Sutrisno, Andri; Priyono, F.X. Joko; Trihastuti, Nanik
Al-Bayyinah Vol. 9 No. 2 (2025): 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.v9i2.9097

Abstract

Digital trade has rapidly developed with the support of telematics technology, which enables connectivity among economic actors worldwide. Major e-commerce platforms like Temu and Shein leverage this technology to accelerate product distribution and expand their market reach. Temu, with its business model that directly connects producers and consumers, reduces distribution costs and speeds up delivery. Shein, which adopts a fast fashion model, utilizes telematics-based applications to enhance the speed of production and distribution, as well as to quickly respond to fashion trends. Nevertheless, the global e-commerce sector faces significant regulatory challenges, particularly concerning digital taxation, consumer protection, and personal data protection. In Indonesia, these regulatory challenges become more complex due to cross-border digital transactions involving international platforms that do not fully comply with local regulations. Therefore, this study aims to analyze the role of telematics technology in supporting global digital trade and its impact on e-commerce regulatory policies, as well as to propose policy measures to address the existing challenges. This research uses a qualitative approach with document analysis and literature review from various related sources. The findings indicate that regulatory updates and stronger international cooperation are crucial to addressing cross-border e-commerce regulatory challenges and enhancing consumer protection and fair implementation of digital taxation.
The Integration of Pangadereng Values in the Bugis Bone Community from the Perspective of Maqashid al-Syari'ah: A Conceptual-Philosophical Study Tahir, Tarmizi; Abdallah, Alaa Nour Beshry; Dasmarianti
Al-Bayyinah Vol. 9 No. 2 (2025): 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.v9i2.10415

Abstract

This study is motivated by the need to formulate the philosophical legitimacy of local wisdom within the framework of universal Islamic law. This conceptual and philosophical research aims to connect the Pangadereng ethical system of the Bugis Bone community—consisting of five core elements (Ade’, Bicara, Rapang, Wari’, and Sara’)—with the universal objectives of Maqāṣid al-Sharī‘ah. The study employs an expanded Maqāṣid framework that includes eight dimensions of protection, notably environmental sustainability (al-bi’ah) and state stability (al-daulah), to identify points of convergence between local ethical values and Islamic legal objectives. Using a qualitative descriptive approach and value-based hermeneutic analysis, the findings indicate that Pangadereng represents a coherent local ethical system that substantively aligns with the principles of Maqāṣid al-Sharī‘ah. Philosophically, Sara’ functions as a normative reference related to the protection of religion (ḥifẓ al-dīn), while Ade’ and Wari’ contribute significantly to social order, environmental sustainability (ḥifẓ al-bi’ah), and state stability (ḥifẓ al-daulah) as forms of collective public benefit (maṣlaḥah). This study makes a theoretical contribution to the development of a more inclusive and contextual Maqāṣid discourse by positioning local wisdom as a crucial philosophical foundation, complementing purely textual legal approaches.
The Role of the Penghulu in Reproductive and Sexual Health Education for Prospective Brides and Grooms in Tanete Riattang Timur District from an Islamic Family Law Perspective Afifah. HS, Nur; Hamzah; T, Jamaluddin; Febriany, A. Very
Al-Bayyinah Vol. 9 No. 2 (2025): 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.v9i2.10482

Abstract

This study was motivated by the suboptimal delivery of reproductive and sexual health material in premarital counseling at the Tanete Riattang Timur District KUA, even though the lack of understanding among prospective brides and grooms often contributes to domestic conflicts and divorce. The main questions of this study are what role the penghulu (religious official) plays in reproductive and sexual health education for prospective brides and grooms and how this role is analyzed from the perspective of Islamic Family Law. This study uses a qualitative method with a field research design through a normative juridical, empirical juridical, normative theological, and legal sociological approach. Data were collected through observation, interviews, and documentation, then analyzed descriptively and qualitatively through data reduction, data presentation, and conclusion drawing. The results show that the penghulu has carried out an educational function through marriage guidance, counseling, and facilitation of cross-sector cooperation, but the delivery of reproductive and sexual health material is still limited due to constraints in competence, time, and technical support. Analysis using the maqāṣid al-syarī‘ah theory confirms that the role of the penghulu is in line with efforts to protect life, offspring, and religion, so that this education has a strategic role in ensuring the physical and mental readiness of prospective brides and grooms and preventing domestic disharmony.
Methodological Analysis of the Transformation of Contemporary Fiqh Muamalah Practices at Maahad Vokasional Aman Bistari Selangor Nuraini, Afifah; Fathudin; Ariyanti, Rini
Al-Bayyinah Vol. 9 No. 2 (2025): 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.v9i2.10630

Abstract

This study investigates the transformation of contemporary fiqh muamalah practices at Maahad Vokasional Aman Bistari Selangor (MVABS), focusing on the dynamics of ijtihad jamā‘ī and the methodologies of legal reasoning (istinbāṭ al-ḥukm) in addressing challenges arising from modern economic transactions. The research is driven by the need to bridge the epistemological gap between classical Islamic legal thought and the realities of digital finance and global Islamic economics. Adopting a qualitative case study design, data were obtained through in-depth interviews, participant observation, and document analysis, then examined using thematic analysis. The findings reveal a distinctive model of collective ijtihad that integrates maqāṣid al-sharī‘ah principles with the operational mechanisms of contemporary financial systems. This integration has resulted in a contextualized framework of fiqh muamalah that supports the formulation of adaptive legal opinions (fatāwā) aligned with modern socio-economic realities. The study’s novelty lies in demonstrating how a vocational-based pesantren can function as a living laboratory of Islamic law, producing dynamic, applicable jurisprudence while maintaining fidelity to classical traditions. Conceptually, this research contributes to the development of living fiqh theory in Islamic education, and practically, it provides a replicable model for designing responsive Islamic legal and economic governance in the digital era.
Climate Constitutionalism in Indonesia: Legal Pathways for Climate Action Amir, Irfan; Try Setyawanta , Lazarus; Diamantiana , Amalia; Sugirman, Andi
Al-Bayyinah Vol. 9 No. 2 (2025): 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.v9i2.10733

Abstract

Climate change constitutes a multidimensional environmental and constitutional challenge that demands coherent legal frameworks capable of guiding state responsibility in mitigation and adaptation efforts. This study examines Indonesia’s climate governance through the lens of climate constitutionalism, focusing on how constitutional norms, legal institutions, and policy structures shape the state’s climate obligations. Employing a normative-empirical approach, the research analyzes constitutional provisions, statutory regulations, judicial decisions, and international climate agreements, complemented by institutional reports and selected case studies. The findings reveal that although Indonesia’s Constitution recognizes the right to a good and healthy environment, fragmented legal frameworks, institutional layering, and weak inter-sectoral coordination undermine the effective realization of substantive climate rights. The absence of an explicit constitutional interpretation linking climate obligations to fundamental environmental rights further limits state accountability and constrains the integration of intergenerational and ecological justice into national policy. This study argues that strengthening climate governance does not require a formal constitutional amendment but rather a reinterpretation of constitutional duties through the lens of climate justice. By articulating climate constitutionalism as a normative and institutional pathway, this research contributes to the broader discourse on constitutional environmentalism and offers a context-sensitive model for Global South countries seeking to align domestic legal systems with climate imperatives. Future reforms should prioritize institutional coherence, enhanced judicial engagement, and meaningful public participation to ensure that constitutional environmental commitments translate into enforceable and measurable climate action.

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