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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 152 Documents
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The Power of Notary Grants as an Authentic Deal in the Settlement of Inherited Land Ownership Disputes A. Sultan Sulfian; Firdaus Firdaus
Al-Bayyinah Vol 6, No 2 (2022): Al-Bayyinah
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v6i2.2235

Abstract

This study examines the power of a notarial grant deed as an authentic deed in the settlement of inherited land ownership disputes. This study aims to find out how the strength of a notary grant deed which has perfect evidentiary power is related to legal practices that occur in society where there are still many cases of cancellation of a notary grant deed by judges in court. This study is a normative legal research/doctrinal approach which is carried out by analyzing legislation or other legal materials related to the strength of a notary grant deed as an authentic deed in the settlement of inherited land ownership disputes. The results of this study illustrate that basically a notary grant deed has perfect evidentiary power which technically functions to provide guarantees of protection and legal certainty to grantors, grantees, heirs, and related parties. However, in reality the strength of proof of a notary grant deed in court is weak when there are deficiencies in its manufacture which cause the grant deed to be canceled by the judge. The weakness of the grant deed in the evidentiary process so far is because the data included in the deed is not comprehensive so that there are still legal loopholes that have the potential to cause disputes, both from the aspect of legal substance that has not been synchronized between various types of legislation, the role of the legal structure (Notary/PPAT) which has not been maximized in seeing the motivation and prerequisites of the applicant, and the legal culture factor of the community who does not yet have an adequate understanding of the legal mechanism for implementing grants.
METODE ISTINB?T AL-TAR?QAH AL-ISTINB?T AL-J?MIAH BAINA TAR?QAH AL-LAFZIYYAH WA MANAWIYAH DALAM MAQ?SID AL-SYAR?AH MAZHAB SYATIBY Samsidar Samsidar
Al-Bayyinah Vol 1, No 2 (2017): Desember
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/al-bayyinah.v1i2.18

Abstract

Abstract: The Shari'a of Islamic conveyed in the Qur'an and As-Sunnah in a comprehensive way requires a thorough and sustained scientific study and study. Inside both lafaz are bright and not bright meaning. Meanwhile, the texts of the Qur'an and Sunnah have ceased, while time continues with a number of events and problems that continue to come and go and stop. Therefore, serious efforts are needed to solve problems that are not expressly indicated by the texts. Alquran and Assunnah, is a source of Islamic law, either in the form of orders or prohibitions. In fact the Qur'an and Assunnah are arranged in Arabic. Then of course one way to understand the purpose of the Shari'a in it is the understanding of the language used is the Shari'a with all the ins and outs, in this case the Arabic language, knowledge of Arabic still must be equipped with the ability to understand the meaning of a lafazh nash, istinb?t al- tar?qah al-istinb?t al-j?miah baina tar?qah al-lafziyyah wa manawiyah in maq?sid al-syar?ah mazhab syatibyKata Kunci: Istinbat, Tar?qah AL-Lafziyyah wa Manawiyah
The Concept of Ta’abbudi and Ta’aqquli in Islamic Law Ismail Keri
Al-Bayyinah Vol 5, No 2 (2021): Al-Bayyinah
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/al-bayyinah.v5i2.1992

Abstract

The discourse on the concepts of ta'abbudi and ta'aqquli in Islamic law is a discourse that always lives and develops in tandem with the development of science. Understanding the concept of ta'abbudi and ta'aqquli should continue to use the rules, norms and arguments that serve as guidelines. The concept of ta'abbudi and ta'aqquli, it is urgent to get a basic conception, as a reference in formulating the relevant concept of Islamic law. This study is a conceptual study of literature with a normative theological approach. The findings in this study are that ta'abbudi is a textual provision (The Qur’an and hadith) in the field of worship that must be obeyed even though they do not know the rational reasons, while ta'aqquli allows there to be benefits according to rational reasons, so that reason is given space. The object is also different, ta'abbudi is focused on mahdah worship, while ta'aqquli is in the matter of muamalah. In addition, ta'abbbudi is static, does not provide opportunities for ijtihad, while ta'aqquli provides opportunities for ijtihad. In the construction of Islamic law in the application of the concepts of ta'abbudi and ta'aqquli it turns out to have two legal dimensions. This means that there are certain problems that require ta'abbudi and also conditions that require ta'aqquli. It is not focused on the meaning of lafadz, but rather on the implementation of the law. Because the form of benefit lies in the philosophical meaning of Allah's decree which will have implications for human actions.
HAK KEWARISAN PADA KARYA CIPTA INTELEKTUAL Hj. Hamsidar
Al-Bayyinah Vol 1, No 1 (2017): Juni
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/al-bayyinah.v1i1.9

Abstract

AbstractThe principal problem in this writing is how is inherit status of intellectual copyright in Islamic law and positive law. In Islamic and positive law perspective, intellectual copyright is considered as the creator property and categorized as the property which can be inheritance, even partly totally. The ownership right to the intellectual copyright with inheriting cause is considered as a way to get property legally.Kata Kunci: Kewarisan, Hak Cipta dan Intelektual
CHILDREN'S RIGHTS BEFORE THE LAW: A ROLE OF LOCAL GOVERNMENT IN THE CHILD PROTECTION SYSTEM Hatija Asiri; Andi Sugirman
Al-Bayyinah Vol 4, No 2 (2020)
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/al-bayyinah.v4i2.957

Abstract

Protection of children's rights before the law has been regulated in Law No. 11 of 2012 concerning the child protection system and is specifically followed up in the Local Regulation of Bone Regency No. 1 of 2014. Children's inability in legal matters makes the State provide protection to children in conflict with the law. Legal protection for children is the obligation of the State as a mandate of the 1945 Constitution. The problem that arises is that cases of children dealing with the law continue to increase, so it is important to see the form of the role of the government in giving rights to children in conflict with the law. This research is a normative empirical study with a normative juridical legal research approach. Analyzing legal theories and statutory regulations, comparison of laws (comparison approach). The findings of this study indicate that children who are in conflict with the law, the government has provided diversion protection, namely protection at the level of the judicial process, investigation and prosecution. The position of diversion is given by the government to children as victims, perpetrators and witnesses in criminal acts. Local governments in providing productive protection for children in trouble by providing educational and economic assistance. The implication of this finding shows that children are the generation of the nation who deserve protection from the State, even though these children are in conflict with the law. 
Implikasi Penetapan Usia Minimal Nikah Menurut Pasal 7 Undang-Undang No. 1 Tahun 1974 di Kabupaten Majene Hasyim Hasyim
Al-Bayyinah Vol 3, No 1 (2019)
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/al-bayyinah.v3i1.324

Abstract

This research was a field research. This study emphasized the implications in determining the age of marriage in Article 7 of Act No. 1 of 1974 concerning marriage. This study examined the causes of minimum marriage age and the impact. The nature of this research was qualitative, which examined the sources obtained in field studies. This study was focused to examine the minimum age of marriage in Majene Regency. The analysis used in this study is descriptive qualitative. The results of this study indicated that the cause of marriage age in Majene Regency is the role of parents, low educational level, culture, economy and environment. The implications of determining the minimum age for marriage have a negative impact on the biological and psychological aspects and have a broader chance for children to drop out of school.Keywords: Implication-Minimum Marriage Age-Mejene District. 
Escalation of Divorce Petitions in Bone Regency: Examining Divorce Cases in the Religious Court Class 1A in Watampone Darliana, Darliana; Misbahuddin, Misbahuddin; Aidit, Hasyim
Al-Bayyinah Vol. 7 No. 2 (2023): 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.v7i2.2604

Abstract

The escalation of divorce lawsuits has become a significant problem that must be addressed. The high number of divorce cases is clear evidence that the purpose of marriage is not being achieved. It is urgent to pay attention to the strong reasons for the occurrence of divorce lawsuits, as this can form the basis for policy-making, particularly concerning the concept of a strong bond in marriage. This research aims to understand the indicators of the causes of divorce lawsuits and to investigate the consequences and control of those involved in divorce cases. The study is a qualitative descriptive field research with juridical, normative theological, and sociological approaches. The data management used includes data reduction, data presentation, and drawing conclusions. The data analysis results depict a substantial escalation of divorce lawsuits in The Religious Court Class 1A in Watampone over time, with a higher incidence of divorce lawsuits compared to divorce by talak. The factors influencing divorce lawsuits in the Religious Court include moral factors, causing harm, underage marriage, ongoing disputes, biological defects, lack of harmony, all supported by situations of "inability" and "unwillingness" to fulfill rights and obligations in marriage. Divorce lawsuits have a negative impact on both parties and their descendants. Psychologically, it affects the children and the wife, socially it affects the husband and wife due to their status as widows and widowers, and economically it affects the wife's finances, which were previously supported by the husband.
Stock Trading on the Stock Exchange in the Perspective of Islamic Law Arafah, Muh.; Jasmani, A.; Fadlang, Muhammad
Al-Bayyinah Vol. 8 No. 1 (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.v8i1.6315

Abstract

One form of investment that can be done in today's economy is trading stocks on the stock exchange. This paper aims to describe the ability to trade stocks on the stock exchange and the benefits obtained for those who invest in the stock exchange in the form of stocks, the study also discusses the side of Islamic law, as part of the law of stock trading on the stock exchange. This paper uses a literature study method that takes references from various sources of writing related to the problems raised. The source of data in this study refers to literature studies that discuss stocks, stock exchanges, and Islamic law. The results of this study show that investing in stocks on the stock exchange gives benefits to those who invest in stocks in the form of stock returns, including capital gains, dividends, and other company shares as measured by the company's performance. Meanwhile, in the perspective of Islamic law, stock trading on the stock exchange or investing is allowed, because in principle it uses a sale and purchase contract or called bai' al-musawamah, in the process it does not carry out trading actions such as tadlis, najsy, ikhtikar, bai ma'dum and riba, as stipulated in the fatwa of DSN MUI No. 80 of 2011.
The Truth of the Deed of Granting Liability Rights to Lawyers That Isn't Genuine Positive Legal Perspective in Indonesia Noor, Aslan; Kurnia, Agnes Adila; Dwika, Mohamad Bima; Fauzy, Farid Ahmad; Anugrah, M Reza
Al-Bayyinah Vol. 7 No. 2 (2023): 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.v7i2.5615

Abstract

Mortgage Rights are security rights imposed on land rights, the granting of Mortgage Rights is always followed by a Deed of Granting Mortgage Rights (APHT), APHT regulates the terms and conditions regarding the granting of Mortgage Rights from debtors to creditors in connection with secured debts by Mortgage Rights. The Certificate of Enforcing Mortgage Rights (SKMHT) based on Article 15 paragraph (1) of the UUHT is one of the processes in granting Mortgage Rights made by Notaries and PPATs by following the applicable provisions by their positions. This research uses the juridical-normative method and descriptive-analytical research specifications. The results of the research on the validity of APHT based on the non-authentic SKMHT are that the Notary in making SKMHT must be based on the UUJN, while the PPAT in making SKMHT is based on PerKaban Number 8 of 2012. In practice, the Notary still makes SKMHT based on PerKaban Number 8 of 2012 and fills in the blank/format provided by the National Land Agency. so that the authenticity of the SKMHT made by the Notary disappears and the proof is less than perfect, if this happens, the SKMHT made by the Notary causes no legal consequences or null and void APHT which becomes an accessory agreement.
Discourse on Religious Moderation in the View of Surakarta Students According to Indonesian Law Mahfiana, Layyin; Ariyani, Evi; Lisma, Lisma
Al-Bayyinah Vol. 8 No. 1 (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.v8i1.4921

Abstract

Religious moderation is very important because the tendency of excessive or excessive religious experiences often leaves one-sided claims of truth and considers themselves the most right while others are wrong. Based on the above background, the researcher is interested in studying the extent of understanding of religious moderation among Surakarta students and how efforts are made to increase awareness of religious moderation among students. This type of research is field research with a qualitative approach that aims to describe the data obtained in the field regarding students' understanding related to religious moderation. The data sources used in this study are primary and secondary. The data collection techniques used were interviews and documentation. Students' understanding of religious moderation varied greatly from the results of several interviews conducted with 30 students in the Islamic Criminal Law Study Program, 20 students explained that moderation is tolerance and mutual respect between religious people.  This is not wrong, because one of the indicators of religion is tolerance. Meanwhile, the other 10 students have understood that moderation is our perspective or attitude in religion in moderation, understanding and practicing religious teachings that are not extreme. Meanwhile, 30 students of the Law Study Program at the Batik University of Surakarta most of them do not understand what religious moderation is in terms of terminology, but once they are given an understanding and indicators related to religious moderation, they understand. Most of them have been taught in Pancasila and Civic Education courses. Religious moderation can be used as a learning approach so that students can think critically and analyze the courses they are taught, which of course remains based on the principles of religious moderation.

Page 11 of 16 | Total Record : 152

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