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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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Child Marriage Prevention Strategy in the Regional Development Planning Board of Bone Regency Anas, Aswar
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.v8i1.5699

Abstract

This research aims to analyze the effectiveness of the Child Marriage Prevention Strategy program implemented by the Regional Development Planning Agency (Bappeda) in preventing child marriage in Bone Regency. The study employs a qualitative descriptive analysis method through a case study in Bone Regency. Data was collected through interviews with Bappeda, the Women Empowerment and Child Protection Agency (DP3AP2KB), the Ministry of Religious Affairs (Kemenag), and the Watampone Class 1A Religious Court. The findings reveal that the implementation of the Child Marriage Prevention Strategy program in Bone Regency involves collaboration among various sectors and stakeholders committed to preventing child marriage. This mechanism encompasses several steps, including coordination meetings with various stakeholders, and monitoring, and evaluating the implementation and success of programs undertaken by each stakeholder in preventing child marriage in Bone Regency. The effectiveness of the Child Marriage Prevention Strategy program implemented by Bappeda Bone Regency has been proven effective in preventing child marriage, as evidenced by a significant decrease in the number of child marriages and dispensation for marriage cases at the Watampone Class 1A Religious Court in Bone Regency. The Child Marriage Prevention Strategy implemented by Bappeda Bone Regency represents a crucial effort to prevent child marriage, aligning with the principles of Islamic Family Law that prioritize child protection and well-being.
The Problem of Waqf Land Legality in Sarmi Regency: A Sociological Perspective of Law Ilyas, Muhammad; Huda, Mifathul; Faisal, Faisal
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.v7i2.4326

Abstract

The problem of legality and management of waqf land in the midst of Muslim community life in the realm of praxis, often triggers case problems, such as the withdrawal of the waqf land, the seizure of waqf land and others. This study intends to identify factors of ineffective regulation on waqf land certification in Sarmi District, Papua Province. This qualitative study is empirical legal research. SoerjonoSoekanto's theory of legal effectiveness became the theory of subject matter analysis. Data collection through observation techniques, interviews and documentation. Meanwhile, data analysis uses data reduction, presentation, and verification techniques. The results of this study show that the ineffectiveness of regulations related to certification of various waqf lands in Sarmi Regency is caused by the views of the community which is a weak legal culture, including the view that there will be no waqf land disputes, the view of the difficulty of the waqf land certification process, the view of the Wakf Pledge Deed as the legality of waqf land. The theoretical implications and novelty of this study emphasize that to realize the effectiveness of the implementation of waqf land certification, massive and comprehensive socialization is needed related to understanding of the waqf land certification program and waqf land management management. The limitation of this study is that it has not examined the role of Islamic religious leaders in Sarmi Regency regarding the waqf land certification program.
Age Limit of Marriage in Islamic Family Law: A Comparative Study between Morocco, Pakistan, Malaysia, and Indonesia Wafa, Zaein; Izzuddin, Ahmad; Rosidi, Achmad
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.v8i1.6351

Abstract

The renewal of marriage laws in the Islamic world is not a new thing but has been debated since ancient times. The cause of these differences began with the rise of awareness from the community and scholars that the concept of Fiqh used was no longer in line with the times, so there needed to be a new legal reform that was in line with the demands of the Islamic community, especially in marriage in determining the age limit of marriage that occurred in Asian countries namely Morocco, Pakistan, Malaysia, and Indonesia. The development of knowledge about the situation and conditions of the developing community at that time was one of the factors that triggered family law reform. The method used in this writing is library research, with a legal analysis approach. so it involves an analysis of the legal regulations and provisions that apply in Islam. The regulation analysis carried out involves a comparison of family law in various countries related to the age limit of marriage. The discussion is interesting because it will provide consideration of the ideal age of marriage reviewed from the positive law of the country, and will know the historical side of the provision of age limits in marriage in comparative law in the country so that it is obtained in its application in the Islamic country it is different but not far from the age recommended in reaching adulthood and maturity of thinking, mental readiness because each country has its limits to measure the maturity of children to get married.
Legal Defect of Verstek Decision with Invalid and Proper Summons in the Context of Civil Procedure Law Nurfaizah, Hartika; Sholehudin, Miftahus
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.v7i2.5464

Abstract

The summoning process delivered in the form of a summons to the parties involved is the initial stage of the trial which must be carried out legally and properly to ensure justice takes place. This research seeks to examine the new concept of procedural law related to the form as well as the validity and properness of a summons after the issuance of PERMA No. 7 of 2022 as well as the legal consequences of the decision of the panel of judges who have committed unprofessional conduct by deciding the verstek case Number 908/Pdt.G/2023/PA.Bkl even though the summons was not carried out valid and properly. This type of research is normative juridical using a case and legislative approach and primary legal material is taken from decisions and secondary legal material from literature and research journal articles. The results showed that cases filed electronically were summoned by registered letter through the intermediary of a courier service provider that could not only be received by the party concerned but could also be received by adults living in the same house, receptionists, and local security officers. If the registered letter is returned to the court with a statement that the address is not found, the next mechanism is carried out through a public summons. Therefore, Decision Number 908/Pdt.G/ 2023/PA.Bkl which was rendered by verstek is null and void due to a legal defect in the summoning process which was not carried out in accordance with number 10 of SEMA Number 1 of 2023 and does not meet the requirements to be declared verstek. All rights of the defendant must be protected through a carefully issued decision because not all parties can understand the legal process, especially since this decision will only be canceled if it is submitted for annulment by the defendant because this case is in the civil realm.
Financing MSME Using Analysis of IFAS and EFAS Matrix: Case Study in Honey Pumpkin Business Hidayah, Islamiati; Abadi, M. Kurnia Rahman; Falach, Ghulam; Ismail, Moh
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.v8i1.4546

Abstract

This study is aimed to find out how the Honey Pumpkin business development strategy is carried out by Honey Pumpkin Farmers in Banyusokah Village, Sampang Regency based on EFAS and IFAS Matrix. The method employed in this study is descriptive qualitative which is aims to describe, describe, record, and analyze existing and current conditions. The result of the study showed that Honey Pumpkin business in Banyoksah Village of Sampang Regency is able to implement the growth oriented strategy for developing its business. The suggested strategies are firstly, to distribute the products in the store at Sampang Regency and utilizing social media such as IG, whatsApp and so on for marketing. Secondly, diverging the processed product from honey pumpkin and turning customer into reseller. Thirdly, replacement of production technology used with more sophisticated and modern to increase the production effectively and efficiently. Lastly, opening several branch of store that owned by the company. Meanwhile, financing aspect regarding to growth oriented strategy several financing model could be useful. For example, working capital loan, digital marketing loan, business expansion loan, and equipment loans or leasing arrangement. Therefore, research and approach of financial institutions, banks, and alternative lenders is necessary to explore specific financing options that suit with growth strategies.
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.

Page 13 of 16 | Total Record : 152

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