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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 145 Documents
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Local Government Response to Domestic Violence from Online Gambling: A Legal-Mashlahah Perspective Anugerah, Ghifari Fajar; Hidayah, Khoirul; Lutfi, Mustafa
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.v9i1.9999

Abstract

This study aims to analyze the efforts of the Surabaya City Government in addressing domestic violence resulting from online gambling, using the perspectives of legal system theory and mashlahah. The focus of the research is on the role of the Surabaya City Office of Women’s Empowerment, Child Protection, Population Control, and Family Planning (DP3AP2KB) as the implementing agency for women and child protection policies. This study employs a qualitative approach, utilizing field studies and in-depth interviews with key informants from the agency, victims of domestic violence, and community leaders. The findings indicate that structurally, DP3AP2KB has undertaken several initiatives through socialization, education, and the provision of legal and psychological assistance for victims. However, the effectiveness of these policies is hindered by the community’s weak legal culture and limited public participation in prevention efforts. From the perspective of Lawrence M. Friedman’s legal system theory, the imbalance between structure, substance, and legal culture remains a major obstacle. Meanwhile, from a mashlahah perspective, the protection of victims and the prevention of domestic violence caused by online gambling are considered essential to preserving the well-being of families and society. Therefore, institutional synergy and the strengthening of legal literacy grounded in religious and social values are necessary to build an effective and sustainable protection system.
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.

Page 15 of 15 | Total Record : 145

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