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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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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. 
The Authority of the Constitutional Court to Adjudicate State Administrative Cases Marzuki, Abdul Ukas
Al-Bayyinah Vol. 9 No. 1 (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.v9i1.8544

Abstract

The Constitutional Court (MK) is an institution that has the primary authority to interpret the 1945 Constitution. However, in practice, the Constitutional Court often handles cases related to Administrative Law (TUN), even though its authority normatively falls within the Administrative Court (PTUN) realm. This research aims to analyze the extent of the Constitutional Court's authority in adjudicating Administrative Law cases and the legal implications for the judicial system in Indonesia. This study uses a normative legal method with an approach to legislation, a case approach, and a conceptual approach. Data is obtained from primary legal sources in the form of legislation and Constitutional Court rulings, as well as secondary legal sources such as legal literature and relevant literature. Research results indicate that there is an overlap of authority between the Constitutional Court and the Administrative Court in several cases related to decisions of state organizers, disputes over election results, and legal norm testing that impacts state administration. This creates legal uncertainty and has the potential to undermine the principle of separation of powers within the Indonesian judicial system. Therefore, it is necessary to revise the Law on the Constitutional Court to clarify the boundaries of its authority so that it does not encroach on the realm of administrative law.
Regulations and Implementation of the Green Economy in the Development of Green SMEs in North Sumatra Province Putriyanda, Diennissa; Sirait, Ningrum Natasya; Lubis, Tri Murti
Al-Bayyinah Vol. 9 No. 1 (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.v9i1.8676

Abstract

This research analyzes the regulation and implementation of a green economy in the MSME sector in North Sumatra Province in the context of the transition to green MSMEs and efforts to achieve the Sustainable Development Goals (SDGs). This study uses a combination of normative and empirical approaches with data collected through interviews, questionnaires, and literature studies. The findings indicate that North Sumatra Province has not specifically adopted and implemented a green economy for the MSME sector. In the North Sumatra Provincial RPJPD 2025-2045, the implementation of a green economy is still limited to Green Industry. The absence of regulations, the lack of updates on the Regional Action Plan for TPB/SDGs, and the fragmented coordination among key stakeholders, who still do not have a structured collaboration framework, pose the main obstacles. SMEs in North Sumatra Province face various challenges in implementing a green economy, including high investment costs, limited access to resources, the absence of regulations and standards, and a lack of consumer awareness about eco-friendly products. This research recommends that the North Sumatra Provincial Government prioritize the integration of the SDGs into regional development policies, establish regulations that govern coordination among stakeholders, and enhance government and stakeholder support for the green transformation of SMEs through improved access to resources, training, and policy support.
The Rights of Indigenous Law Communities in Forest Management in the West Seram Regency: A Perspective of National and Customary Law E.M., Nirahua Salmon; Nirahua, Garciano; Soplantila, Ronny
Al-Bayyinah Vol. 9 No. 1 (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.v9i1.8691

Abstract

Recognition of indigenous legal communities as legal subjects with rights over their territories and natural resources is a constitutional mandate, as stipulated in Article 18B, paragraph (2) of the 1945 Constitution of the Republic of Indonesia. In West Seram Regency, indigenous legal communities have a traditional governmental structure that manages customary forests as part of the territorial domains. This article aims to analyze the implementation of the rights of indigenous legal communities in forest management from a constitutional perspective and local practices. The research method used is a juridical-empirical approach with data collection techniques through literature study and interviews with local leaders and regional officials. The research findings indicate that although there is a normative recognition of the rights of indigenous peoples, the implementation at the local level, especially in West Seram Regency, still faces regulatory, administrative, and political obstacles. This causes the legal status of customary forests to be unclear and vulnerable to overlap with state claims or corporate permits. Therefore, affirmative steps are needed from local governments through regional regulations and collaborative programs that strengthen the position of indigenous communities as key actors in the management of forests based on local wisdom. The local wisdom of customary law communities, accumulated throughout the history of the development of customary law communities, plays a significant role for the customary law communities and their rights, including communal land rights both in marine and terrestrial areas. 
Wife's Consent as a Valid Condition for Reconciliation: A Juridical Study of Articles 164 and 165 of the Compilation of Islamic Law L, Yusri; Aris, Ismail; Fadila, Anisa Sri; Putri, Melani; Maharani, Erzy Aurelia
Al-Bayyinah Vol. 9 No. 1 (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.v9i1.8692

Abstract

This research discusses the issue of a wife's consent as a valid requirement for reconciliation (a legal study on Articles 164 and 165 of the Compilation of Islamic Law). It aims to determine the rights of a wife in reconciliation based on the Compilation of Islamic Law and the Islamic legal perspective on the position of a wife's consent rights in reconciliation as a valid requirement for reconciliation. To gather data on this issue, library research was conducted. The data obtained were analyzed using inductive, deductive, and comparative methods. Furthermore, a juridical-normative and juridical-theological approach was used in analyzing the data. In Islamic law, the authority to reconcile is an absolute right of the husband during the iddah period. Meanwhile, the Compilation of Islamic Law implicitly states that the consent and approval of the wife are valid requirements for reconciliation; in other words, it may be declared invalid by a ruling from the Religious Court. The text regarding the wife's rights in reconciliation, as outlined in the Compilation of Islamic Law, has a contextual meaning that enables the wife to access administrative benefits, guarantees, and legal protection from the state. Because the state only serves and recognizes the event of reconciliation if there is an authentic document in the form of a Marriage Certificate Extract. It does not annul the lawful reconciliation according to Islamic law. On the contrary, the existence of principles in Islamic law actually emphasizes the need to achieve public welfare and to reject or prevent anything that has the potential to cause harm.
Optimizing Waqf Management for Community Welfare: The Strategic Role of the Indonesian Ulema Council of Bone Regency Faisal, Muh; Hamzah, Hamzah; Ramadani, Hafilah
Al-Bayyinah Vol. 9 No. 1 (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.v9i1.8867

Abstract

This research examines the role of the Indonesian Ulema Council (MUI) of Bone Regency in the management of waqf land as a form of social worship in Islam. Although waqf has great potential as an instrument of community empowerment, its management often faces institutional constraints. This research uses a qualitative approach through in-depth interviews and participatory observation. The findings show that MUI is active in da'wah and socialization of waqf, but has not performed its strategic function in supervision and management of waqf assets optimally. MUI's role tends to be symbolic due to limited local technical regulations, lack of collaboration with nazir, and low institutional capacity. This creates a gap between normative mandate and implementative reality. This research highlights the importance of reformulating MUI's role to function not only as a fatwa institution, but also as a strategic partner in professional, accountable, and sustainable waqf governance. The findings provide an important contribution to the literature on the role of Islamic institutions in waqf management at the regional level, as well as a basis for strengthening waqf governance based on institutional collaboration.
The Implementation of the Indonesian Ulema Council's Fatwa on the Prohibition of Smoking in Brebes District from the Istishan Perspective Naqiyyatussa’diyah, Naqiyyatussa’diyah; Hidayati, Manzilah Nuri; Saiban, Kasuwi
Al-Bayyinah Vol. 9 No. 1 (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.v9i1.8938

Abstract

This research aims to explore the implementation of the fatwa of the Indonesian Ulema Council (MUI) regarding the prohibition of smoking through an istihsan approach. The istihsan approach as a method for determining Islamic law is used to understand how the flexibility of Sharia can be applied in diverse social and cultural contexts. This research is a field study, where data is obtained from events that occur in the field as they are. The sample in this study is alumni of the Integrated Islamic Elementary School Harum Brebes, serving as the object or case study. Data collection was conducted through interviews with alumni of Integrated Islamic Elementary School Harum Brebes, followed by analyzing and interpreting what was. The findings of this study indicate the dynamics of understanding and attitudes of alumni towards the fatwa, as well as how the values of public interest are interpreted in everyday life practices. The main contribution of this research lies in strengthening the perspective of istihsan as an alternative approach in bridging the gap between Islamic legal norms and social realities, especially on contemporary issues such as smoking. This study is expected to serve as a reference for policymakers, educational institutions, and religious authorities in formulating more contextual and effective strategies for implementing fatwas.
Mediation of Domestic Conflict in Divorce Cases at Religious Courts in Banten Province Rusli, Deni; As-Syafe’i, Zakaria; Zaini, Ahmad; Tarihoran, Naf’an
Al-Bayyinah Vol. 9 No. 1 (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.v9i1.8973

Abstract

In running a household, no one is free from domestic conflicts. These domestic conflicts are caused by various factors, which ultimately lead to the filing of divorce cases in the Religious Court, either through talak or gugat. These cases can be resolved through mediation in various forms. This research aims to analyze the effectiveness of mediation in resolving domestic conflicts in divorce cases at the Religious Court in Banten Province. The research method employed is qualitative research with a juridical approach, utilizing data collection techniques that include observation and document study. The results show that mediation plays a significant role in reducing the divorce rate by providing couples with a space to dialogue and seek reconciliation solutions. However, various obstacles such as the psychological unpreparedness of the couples, family pressure, and a lack of understanding of the mediation concept often hinder the success of mediation. Juridically, mediation has been carried out by the applicable regulations. This is evident from the procedures followed during the mediation process based on the regulations governing it, but mediation conducted in the Religious Court in Banten Province still experiences many failures. Therefore, efforts are needed to improve the quality of mediation through mediator training, socialization regarding the benefits of mediation, and psychological support for couples facing marital conflict.
Legal Compliance in the Registration and Issuance of Halal Certificates in Indonesia: A Comparative Study with Malaysia Afdhal, Afdhal; Syamsuri, Andi Santri; Sari, Mutiara Dwi
Al-Bayyinah Vol. 9 No. 1 (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.v9i1.8974

Abstract

This research comparatively analyzes the legal compliance frameworks governing the registration and issuance of halal certificates in Indonesia and Malaysia, two leading nations in the global halal market. It focuses on the normative juridical aspects, examining statutory provisions, institutional roles (BPJPH-MUI in Indonesia, JAKIM in Malaysia), and procedural mechanisms. The study highlights the challenges faced by Micro, Small, and Medium Enterprises (MSMEs) in Indonesia in navigating these regulations, particularly in light of Law No. 33 of 2014 and its implementing regulations. Employing a qualitative approach with statutory, case study, and literature review analyses, the research identifies key differences in regulatory centralization, enforcement strategies, and MSME support systems. Findings indicate that while both nations strive for robust halal assurance, variations in legal implementation significantly impact compliance accessibility and economic implications for businesses. The study concludes with recommendations for enhancing legal certainty and streamlining compliance, particularly for Indonesian MSMEs, drawing lessons from Malaysia's more integrated system.

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