Al-Bayyinah
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.
Articles
152 Documents
<![CDATA[The Concept of Restorative Justice in Criminal Procedure Law through The Rehabilitation Process: Integrated Assessment at The National Narcotics Agency of Bone Regency ]]>
<![CDATA[Muljan, Muljan]]>;
<![CDATA[Nawawi, Jumriani]]>
<![CDATA[ Al-Bayyinah Vol. 7 No. 2 (2023): Al-Bayyinah ]]>
Publisher : <![CDATA[Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone ]]>
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DOI: 10.30863/al-bayyinah.v7i2.5226
<![CDATA[The study discusses the "Concept of Restorative Justice in Criminal Procedure Law through Rehabilitation Process by the Integrated Assessment Team at the National Narcotics Agency of Bone Regency." The research aims to: identify the essence of Restorative Justice through Rehabilitation by the Integrated Assessment Team at the National Narcotics Agency of Bone Regency, describe the implementation of Restorative Justice through Rehabilitation by the Integrated Assessment Team at the National Narcotics Agency of Bone Regency, and analyze the integration of Competency Development in Criminal Procedure Law courses through the Concept of Restorative Justice in Rehabilitation by the Integrated Assessment Team at the National Narcotics Agency of Bone Regency. This research employs a qualitative approach with legislative, case, and conceptual approaches located at the National Narcotics Agency of Bone Regency, with doctors and the rehabilitation section of BNNK Bone as the sources of information, who are part of the integrated assessment team. The data used are primary data obtained through interviews, observation, and documentation. The research findings indicate that: (1) The essence of Restorative Justice through Rehabilitation by the Integrated Assessment Team at the National Narcotics Agency of Bone Regency is rooted in the protection of the health and social life of drug abusers specifically and society in general. (2) The implementation of Restorative Justice through Rehabilitation by the Integrated Assessment Team at the National Narcotics Agency of Bone Regency complies with regulations, but there are still some challenges, including ambiguous regulations, law enforcement officers' paradigm towards rehabilitation, and inadequate rehabilitation facilities; (3) The integration of Competency Development in Criminal Procedure Law courses through the Concept of Restorative Justice in Rehabilitation by the Integrated Assessment Team at the National Narcotics Agency of Bone Regency can be applied to related criminal law courses through sub-topics in the semester lesson plan, especially regarding narcotics offenses.]]>
<![CDATA[Harmonization of Islamic Law and Customary Law in the Pambissa Kampong Tradition in Latimojong Village ]]>
<![CDATA[Hamza, Rasida]]>;
<![CDATA[Kamma, Hamzah]]>;
<![CDATA[Nawas, Muhammad Zuhri Abu]]>;
<![CDATA[Cahya, Purnama]]>
<![CDATA[ Al-Bayyinah Vol. 8 No. 1 (2024): Al-Bayyinah ]]>
Publisher : <![CDATA[Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone ]]>
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DOI: 10.30863/al-bayyinah.v8i1.6430
<![CDATA[The research aims to determine the role and influence of Islamic law in the implementation of the pambissa kampong tradition in Latimojong, the adaptation and change of customary law in the pambissa kampong tradition and its impact on the sustainability of this tradition, and the process of harmonization of Islamic law and customary law in the pambissa kampong tradition and the factors that influence it. The type of research used is empirical legal research. To support this empirical legal research, a normative approach and a sociological approach are used. Shows: (1) The role and influence of Islamic law in the implementation of the Pambissa Kampong Tradition in Latimojong is that customary law adopts Islamic law in its entirety, both in terms of principles and in terms of implementation. Its implementation is adjusted to Islamic law. If there are differences in principle between Islamic law and customary law, then the implementation of Islamic law must be a priority. (2) Changes in customary law in the Pambessa Kampong tradition and its impact on the continuity of this tradition are customary law, which means that rules are made from the behavior of a growing community and developed until it became a law that was obeyed unwritten. So that customary law changes according to the conditions prevailing in society. (3) The process of harmonization of Islamic law and customary law in the Pambessa Kampong tradition and the factors that influence it. Harmonization in question is an effort to harmonize customary law and Islamic law in one national legal system. If all this time there seems to be a difference between customary law and Islamic law, it is urgent to restore harmony between the two.]]>
<![CDATA[Divorce Outside the Religious Courts in the Citereup Bogor Community ]]>
<![CDATA[Septiani, Rina]]>;
<![CDATA[Maulidini, Putri]]>;
<![CDATA[Taufiq, Arif]]>
<![CDATA[ Al-Bayyinah Vol. 7 No. 2 (2023): Al-Bayyinah ]]>
Publisher : <![CDATA[Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone ]]>
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DOI: 10.30863/al-bayyinah.v7i2.5642
<![CDATA[The divorce regulations that apply in Indonesia are stated in article 39 of the 1974 Law (1). Divorce only can done in front hearing Court after the relevant Court tried and was unsuccessful reconcile second both parties. (2). For do divorce must Enough reason that between husband the wife will not live in harmony as husband and wife. (3). System method divorce in front hearing Court in set in   regulation separate legislation. However, this regulation does not apply to the entire community of Citereup which still adheres to Islamic Sharia law where divorce pronounced by a husband to a wife wherever the law is valid falls under divorce. The research method used is qualitative research based on field research which is oriented towards interviews, observation and documentation in order to obtain clear and accurate data. The results of the research are that the public's perception regarding divorce carried out outside the Religious Courts is that it is legal, the causal factors are: Lack of legal awareness in the community, costs are considered too burdensome for the parties to divorce, divorce procedures in the Religious Courts are considered complicated by the community. The impacts felt by society include: Divorce that has no legal force, difficulty in officially remarrying, unequal distribution of responsibilities.]]>
<![CDATA[Role of the Financial Service Authority of the Republic of Indonesia in Determining Financial Technology Crime as Bijzondere Toestanden ]]>
<![CDATA[Suseno, Jarot Jati Bagus]]>;
<![CDATA[Mahita Paksi, Tutut Ferdiana]]>;
<![CDATA[Yusriando, Yusriando]]>
<![CDATA[ Al-Bayyinah Vol. 8 No. 1 (2024): Al-Bayyinah ]]>
Publisher : <![CDATA[Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone ]]>
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DOI: 10.30863/al-bayyinah.v8i1.6281
<![CDATA[Changes in civilization through information technology have also brought changes to the world of financial administration, including fund lending institutions. The change is demonstrated by the presence of financial technology (fintech). The progress of the digital financial world, including fintech institutions in the country, needs to be balanced with adequate legal policies regarding implementing online lending by fintech. This has given rise to various problems, including criminal matters through fraud and threats from fintech institutions and online loans. Regarding this, the Financial Services Authority of the Republic of Indonesia (OJK), the authorized institution for handling fintech issues that lead to criminal matters, is not yet optimal. This doctrinal method article aims to discuss topics related to the urgency of the role of the Financial Services Authority in handling fintech crimes. Based on existing studies, the OJK, the party responsible for fintech criminal matters, has been unable to supervise and protect fintech users. This is the basis for the need to create a formulation regarding supervision and action through criminal law, specifically against fintech institutions that are illegal and commit actual unlawful acts, where the law enforcement agency is the OJK, which partners with law enforcement agencies in the context of state primary constitutional organs and enforcement agencies which has the status of a state auxiliary organ.]]>
<![CDATA[Legitimacy of Marriage Dispensation in Religious Courts based on The Law, Judges' Considerations, and Case Decisions ]]>
<![CDATA[Pasondong, Udin]]>;
<![CDATA[Fachrurrazy, Muhammad]]>;
<![CDATA[Yusmad, Muammar Arafat]]>;
<![CDATA[Beddu, Rahmawati]]>
<![CDATA[ Al-Bayyinah Vol. 7 No. 2 (2023): Al-Bayyinah ]]>
Publisher : <![CDATA[Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone ]]>
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DOI: 10.30863/al-bayyinah.v7i2.4239
<![CDATA[He age limit for marriage in Indonesia has brought changes to the regulation of the marriage age recognized by the state. The previous marriage law (UU No.1/1974) was reformulated into a new policy setting (UU No.16/2019) regarding marriage in Indonesia. This impacts the legitimacy of resolving legal cases of early marriages that occur, whether they are called early marriages, due to changes in statutory provisions or other problems of marrying by accident by taking legal action called marriage dispensation. Existing studies that respond to the issue of marriage dispensation tend to discuss changes or regulations on marriage dispensation after the birth of new regulations, apart from that, existing studies do not consider marriage at an early age as a legal problem that requires careful legal review. To fill this gap, this study focuses on what questions are the factors that cause requests for marriage dispensation, how judges consider making marriage dispensation decisions and a description of the fairness of legal certainty in decisions on marriage dispensation cases. To answer this question, qualitative research was carried out on the statements of judges in religious courts and observing the results of court case decisions to get a comprehensive picture of the application of age regulation in marriage and the reasons why there are requests for marriage dispensation in court. Â From this research it was found that a marriage dispensation is a legal decision made based on the conditions of changes in the age limit in the Marriage Law and the conditions of young couples who are requesting permission to marry. Early marriage factors are caused by various things, data describing family factors, economic factors, and customary factors are the aspects that most influence someone marrying at an early age. The contribution of this research lies in the synchronization between laws, judges' considerations, and case decisions related to marriage dispensations to find harmony between legal norms and social reality.]]>
<![CDATA[Increasing Legal Awareness of Child Neglect Crimes by Parents with Increased Legal Awareness ]]>
<![CDATA[Nawawi, Jumriani]]>;
<![CDATA[Fadhilah, Nurul]]>;
<![CDATA[Sulkifly, Sulkifly]]>;
<![CDATA[Muhaemin, Amril]]>
<![CDATA[ Al-Bayyinah Vol. 8 No. 2 (2024): Al-Bayyinah ]]>
Publisher : <![CDATA[Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone ]]>
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DOI: 10.30863/al-bayyinah.v8i2.5483
<![CDATA[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.]]>
<![CDATA[Construction of Inheritance Distribution Based on Gender Equality in Thematic Tafsir Studies ]]>
<![CDATA[Tarmizi, Tarmizi]]>;
<![CDATA[Abubakar, Achmad]]>;
<![CDATA[Basri, Halimah]]>;
<![CDATA[Rif’ah, Muh. Azka Fazaka]]>;
<![CDATA[Febrian, Rifki]]>
<![CDATA[ Al-Bayyinah Vol. 8 No. 1 (2024): Al-Bayyinah ]]>
Publisher : <![CDATA[Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone ]]>
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DOI: 10.30863/al-bayyinah.v8i1.5198
<![CDATA[Gender equality in inheritance is an issue that is often debated today. One of the controversial verses is verse 11 of surah al-Nisa' which regulates that the men's portion is equal to two women's parts. This study aims to examine the verses of the Qur'an regarding gender equality in inheritance through thematic studies and spark a shift in the concept of inheritance which demands equal parts through the interpretation of the meaning of verse 11 surah al-Nisa'. This research is literature research with descriptive qualitative type through thematic tafsir approach and syar'i approach. This research found that the verses of the Qur'an regarding gender equality in inheritance based on thematic studies produced the theme, namely the verses about men and women being equally entitled to inherit and the share of men and women heirs, as well as the share of men and women. Through thematic studies, the concept of inheritance based on gender equality can be explained more comprehensively. The concept of inheritance in verse 11 of surah al-NisÄ' has gradually shifted in meaning from section 2:1 to become an equal part marked by the birth of the concept of bilateral inheritance which fully supports gender equality in inheritance. It's just that it is still possible for disputes to occur so fiqh mawÄris becomes a solution. So it is recommended that before dividing the inheritance with the principle of gender equality, it must first be divided based on the provisions of the mawÄris fiqh and then an agreement can be made so that the rights of the heirs are considered.]]>
<![CDATA[Examining Civil Law Remedies for Consumers Affected by Counterfeit Branded Goods in E-commerce Transactions ]]>
<![CDATA[Ilham, Muhammad Azham]]>;
<![CDATA[Kirana, Andi Rahmi Ainun]]>
<![CDATA[ Al-Bayyinah Vol. 8 No. 1 (2024): Al-Bayyinah ]]>
Publisher : <![CDATA[Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone ]]>
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DOI: 10.30863/al-bayyinah.v8i1.6308
<![CDATA[This research aims to find out and explain the forms of legal protection for consumers and dispute resolution efforts related to the sale of counterfeit branded goods through online transactions in Indonesia. The research uses normative methods by reviewing library materials and secondary data and using legal material analysis techniques using a statutory approach. The research results show that consumer protection regarding the sale of counterfeit branded goods through online transactions in Indonesia refers to several statutory regulations, namely: Law Number 11 of 2008 concerning Information and Electronic Transactions, a form of protection for consumers, namely the requirement for business actors to provide correct and clear information regarding goods/services being bought and sold as well as guaranteeing the responsibility of business actors for losses and all legal consequences resulting from violations of obligations in electronic transactions. Based on Law Number 8 of 1999 concerning Consumer Protection, the form of legal protection for consumers is that in 2001 the Government established the National Consumer Protection Agency which then formed the Consumer Dispute Resolution Agency at the regional level. Based on Law Number 20 of 2016 concerning Brands and Geographical Indications, a form of consumer protection is the threat of criminal penalties for business actors who counterfeit brands or buy and sell products resulting from criminal acts. Consumer dispute resolution can be reached through 3 routes, namely peaceful resolution by the parties to the dispute without involving the court or a neutral third party, and settlement through the court. and Out-of-court settlement through BPSK.]]>
<![CDATA[Functions and Authorities of the Regional Notary Supervisory Council in Improving Notary Service Standards in South Sulawesi ]]>
<![CDATA[Paikah, Nur]]>
<![CDATA[ Al-Bayyinah Vol. 7 No. 2 (2023): Al-Bayyinah ]]>
Publisher : <![CDATA[Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone ]]>
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DOI: 10.30863/al-bayyinah.v7i2.5248
<![CDATA[This study aims to analyze the function and authority of the Regional Notary Supervisory Board in improving notary service standards in South Sulawesi. This research uses a descriptive analysis method with a qualitative approach through case studies in South Sulawesi. Data were obtained through in-depth interviews with members of the Regional Notary Supervisory Board, notaries, and other related parties. The results of this study indicate that the Regional Notary Supervisory Board has an important role in supervising and improving notary service standards in the region. The value of local wisdom of Bugis Sipakatau, sipakalebbi, and sipakainge is the underlying spirit as well as the novelty of this research. The authorities possessed by the Regional Notary Supervisory Board, such as making ethical guidelines, supervising the behavior of notaries, and enforcing discipline, significantly contribute to increasing the integrity and professionalism of notaries in South Sulawesi. The study found that the board has important roles, like creating ethical guidelines, monitoring notary behavior, and enforcing discipline. It also identified challenges in carrying out these duties. Overall, the research helps us understand how the Regional Notary Supervisory Board enhances notary services in South Sulawesi. Nonetheless, challenges in the implementation of duties and authorities were also identified in this study.]]>
<![CDATA[Legal Analysis Regarding the Dismissal of Judges During Their Term of Office ]]>
<![CDATA[Dewangga, Andi]]>;
<![CDATA[Firmantoro, Zuhad Aji]]>
<![CDATA[ Al-Bayyinah Vol. 8 No. 2 (2024): Al-Bayyinah ]]>
Publisher : <![CDATA[Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone ]]>
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DOI: 10.30863/al-bayyinah.v8i2.6780
<![CDATA[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.]]>
