cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Hamzah
Contact Email
hamzahlatif122@gmail.com
Phone
+6285299598071
Journal Mail Official
albayyinah08@gmail.com
Editorial Address
Jln. Hos Cokroaminoto, Kampus 1 IAIN Bone, Watampone, Kab. Bone, Prov. Sulawesi Selatan, Indonesia
Location
Kab. bone,
Sulawesi selatan
INDONESIA
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 159 Documents
 12   13   14   15   16 
Fulfillment of Wife's Financial Support by Husband with Prisoner Status at Pangkalan Bun Class IIB Prison Eliyana Septiyani; Maimunah; Anas Maulana
Al-Bayyinah Vol. 10 No. 1 (2026): 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.v10i1.10728

Abstract

The fulfillment of a wife's maintenance by a husband serving a prison sentence presents complex legal and social challenges due to limited access to productive work within correctional institutions. This study aims to analyze the legal standing of a husband's obligation to provide financial support under Islamic law and Indonesian positive law, examine the empirical reality of its fulfillment at the Pangkalan Bun Class IIB Correctional Institution, and identify alternative mechanisms to protect the economic rights of wives during the period of incarceration. Employing an empirical legal method with a socio-legal approach, data were gathered through in-depth interviews with prisoners' wives, family members, and correctional officers, supported by a comprehensive review of relevant legal sources. The findings indicate that while the financial obligation remains legally binding, it cannot be effectively fulfilled because inmates' work programs are predominantly rehabilitative and generate minimal income. Consequently, this study reveals a social dynamic where the financial needs of the wives are shifted to and borne by the extended family, reflecting a strong sense of social solidarity. The novelty of this research lies in its identification of the husband's family as a de facto economic protection mechanism at the local level, emerging as an alternative solution when formal legal systems fail to guarantee wives' economic rights due to structural constraints within the correctional system.
Climate Constitutionalism in Indonesia: Legal Pathways for Climate Action Amir, Irfan; Try Setyawanta , Lazarus; Diamantiana , Amalia; Sugirman, Andi
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.v9i2.10733

Abstract

Climate change constitutes a multidimensional environmental and constitutional challenge that demands coherent legal frameworks capable of guiding state responsibility in mitigation and adaptation efforts. This study examines Indonesia’s climate governance through the lens of climate constitutionalism, focusing on how constitutional norms, legal institutions, and policy structures shape the state’s climate obligations. Employing a normative-empirical approach, the research analyzes constitutional provisions, statutory regulations, judicial decisions, and international climate agreements, complemented by institutional reports and selected case studies. The findings reveal that although Indonesia’s Constitution recognizes the right to a good and healthy environment, fragmented legal frameworks, institutional layering, and weak inter-sectoral coordination undermine the effective realization of substantive climate rights. The absence of an explicit constitutional interpretation linking climate obligations to fundamental environmental rights further limits state accountability and constrains the integration of intergenerational and ecological justice into national policy. This study argues that strengthening climate governance does not require a formal constitutional amendment but rather a reinterpretation of constitutional duties through the lens of climate justice. By articulating climate constitutionalism as a normative and institutional pathway, this research contributes to the broader discourse on constitutional environmentalism and offers a context-sensitive model for Global South countries seeking to align domestic legal systems with climate imperatives. Future reforms should prioritize institutional coherence, enhanced judicial engagement, and meaningful public participation to ensure that constitutional environmental commitments translate into enforceable and measurable climate action.
The Position of Ampi Kale' Grants in The Community of Sibulue District, Bone Regency: A Review of Islamic Inheritance Law A. Very Febriany; Asni Zubair; Hamzah; Nur Afifah HS
Al-Bayyinah Vol. 10 No. 1 (2026): 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.v10i1.10484

Abstract

This study examines the practice of Ampi Kale' grants in Sibulue District by highlighting three main aspects, namely the practice of implementation, community views, and analysis of the perspective of Islamic inheritance law. The method used is empirical law with a qualitative approach, through in-depth interviews with traditional leaders, religious leaders, and the community involved in the grant, as well as a literature review of inheritance fiqh, customary law, and maqāṣid al-syarī‘ah theory. Data analysis was conducted using descriptive qualitative methods to identify patterns, meanings, and socio-religious implications of the practice. The results of the study show an empirical analysis of the Ampi Kale' practice as a customary gift phenomenon that lies at the intersection between gifts and wills in Islamic inheritance law. Thus, the meaning of Ampi Kale' has transformed from a mere moral reward to an instrument of wealth distribution that directly impacts inheritance rights. This study offers a model for harmonizing custom and Sharia by positioning Ampi Kale' as a conditional gift that must fulfill the principles of justice, willingness, and legal certainty. This study enriches the body of Islamic family law with relevant, current, and contextual local case studies, particularly regarding the integration of customary law and Islamic law in inheritance practices.
Legal Certainty and Implications of Land Rights for Foreign Citizens Holding a Golden Visa in Indonesia Alif Abdurrahman; Budi Santoso; Ery Agus Priyono
Al-Bayyinah Vol. 10 No. 1 (2026): 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.v10i1.6614

Abstract

Based on Law Number 5 of 1960 concerning Basic Agrarian Principles (UUPA), foreigners are prohibited from having ownership rights to land in Indonesia. However, with the Golden Visa, foreigners who meet the investment requirements can obtain convenience in terms of long-term residence permits. This opens up the possibility that Golden Visa holders can have greater access to property in Indonesia, although limited to use rights and building use rights. This research uses normative juridical methods to analyze legal issues regarding the implications of land and property rights for foreigners holding Golden Visas in Indonesia. Based on the research results, it is concluded that the implications of the policy of granting land and property rights to foreigners holding Golden Visas in Indonesia show that, although this policy aims to attract foreign investment, there is a risk of rapid economic fluctuations due to dependence on foreign investment which is vulnerable to external factors. Apart from that, there is the potential for misuse of residence permits and citizenship. This policy can also create social injustice, thereby widening the gap between Indonesian citizens and foreigners.
Legal Politics of Constitutional Complaint: Prospects for Implementation of the Indonesian Legal System Agnes Fitryantica; Lita Tyesta Addy Listya Wardani; Ratna Herawati; Roqiyul Maarif Syam
Al-Bayyinah Vol. 10 No. 1 (2026): 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.v10i1.11386

Abstract

The concept of constitutional complaints is becoming increasingly crucial in the protection of fundamental rights. In Indonesia, the authority of the Constitutional Court (MK) is currently limited to reviewing laws, resolving election disputes, dissolving political parties, and resolving disputes over the jurisdiction of state institutions. Consequently, there is a legal vacuum in protecting the rights of citizens violated by actual acts or omissions of state officials that are not related to the constitutionality of laws. This article examines the legal politics behind the absence of constitutional complaints in Indonesia as well as the prospects for their implementation. Using a normative legal approach and comparative analysis with Germany, South Korea, and Thailand, this study explores the role of this instrument in safeguarding citizens’ rights, preventing abuse of power, and strengthening judicial independence. The research findings indicate that the adoption of constitutional complaints in Indonesia would expand access to justice, align the legal system with international human rights standards, and affirm the Constitutional Court’s role as the guardian of the constitution. Nevertheless, challenges such as political resistance, the risk of a surge in caseload, and institutional readiness must be addressed through careful design. The constitutional complaint is not merely a prospective legal reform but a constitutional necessity to realize a democratic, participatory, rights-based state and to strengthen public confidence in the rule of law.
Reasons for Wives’ Refusal to Fulfill Their Husbands’ Biological Needs in Awangpone Subdistrict: Perspectives from Islamic Law and Positive Law: bahasa inggris Widia Astuti; Syahabuddin; Ruslan; Nursyirwan; Widya Astika Putri
Al-Bayyinah Vol. 10 No. 1 (2026): 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.v10i1.11469

Abstract

This study aims to analyze the factors causing wives to refuse their husbands' requests for marital sex in Bone Regency and to examine this phenomenon from the perspectives of Islamic and positive law. The novelty of this research lies in its integrative approach, combining empirical societal findings with the normative analysis of both legal frameworks regarding marital obligations. Utilizing a qualitative method, this study employs case study, normative-legal, empirical-legal, and normative-theological approaches. Data were gathered through interviews with married couples in Cakke Bone Village, the village head, the head of the Awangpone Religious Affairs Office, and the registrar of the Watampone Class IA Religious Court. The results indicate that wives' sexual refusal stems from laziness, exhaustion from domestic chores, work fatigue, drowsiness, contraceptive side effects, age, length of marriage, and arranged marriage. Husbands reacted with anger, disappointment, resentment, silence, distancing, or patience. From an Islamic law perspective, such refusals without valid sharia-compliant reasons (such as menstruation, postpartum, or illness) constitute nusyūz. Meanwhile, under positive law, this refusal disrupts marital rights and obligations, potentially serving as grounds for divorce.
Presidential Dignity and Democratic Paradox in Indonesia's 2023 Criminal Code: A Critical Paradigm Approach Solehuddin; Pujiyono; Irma Cahyaningtyas; Fines Fatimah
Al-Bayyinah Vol. 10 No. 1 (2026): 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.v10i1.11395

Abstract

This research is motivated by the urgency to critically evaluate the reintroduction of offenses against the President's dignity in Article 218 of Law Number 1 of 2023 (the New Indonesian Criminal Code). While intended to protect state symbols, this regulation controversially mirrors colonial-era laws and fails to fully accommodate the democratic and socio-cultural values of modern Indonesian society. Unlike previous studies that predominantly focus on the normative bounds of free speech, this study offers a novel approach by utilizing the Critical Theory paradigm to deconstruct the power dynamics, colonial legacy, and discriminatory nature embedded within the law. Employing a normative legal research method with statutory and conceptual approaches, this study reveals that Article 218 paragraph (1) remains obscure and discriminatory, failing to reflect the "virtual reality" of Indonesia's living norms. The findings emphasize that legal products must not be treated as immune dogmas; rather, they require continuous critical evaluation to prevent the infringement of human rights. Ultimately, the study advocates for a progressive regulatory reconstruction that truly aligns with moral integrity, human rights, and democratic justice in Indonesia.
The Construction of Criminal Liability of the National Land Agency in the Issuance of Duplicate Certificates Satriadi; Pujiyono; Elfia Farida
Al-Bayyinah Vol. 10 No. 1 (2026): 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.v10i1.11572

Abstract

This study analyzes the construction of criminal liability for the National Land Agency (BPN) regarding the chronic issue of double land certificates in Indonesia. The central problem is the weak criminal law enforcement against BPN or its officials, as these cases are predominantly resolved only through administrative (PTUN) or civil channels. Using normative legal research with statutory and conceptual approaches, this study examines criminal law norms and liability doctrines. The analysis focuses on applying vicarious liability and identification theories to determine the extent to which BPN or its officials can be held criminally responsible for public losses. The results reveal that constructing BPN’s criminal liability is hindered by a lack of regulatory synchronization between administrative and criminal law. There is a tendency to separate personal faults of officials (fautes personelles) from organizational faults (fautes de service), which often obscures criminal liability in cases of land mafia or fatal negligence. In conclusion, this study emphasizes the urgency of strengthening BPN's criminal accountability as part of bureaucratic and agrarian reform. This is crucial to create a deterrent effect for internal actors, ensure land data integrity, and provide substantial legal protection for land rights holders.
Negotiation of State and Customary Authority over Village Governance in Jayapura Regency Faisal; Lukman Ansar; Tarmizi; Dandi Wahyudin; Andi Sugirman
Al-Bayyinah Vol. 10 No. 1 (2026): 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.v10i1.11726

Abstract

This study aims to examine the dynamics of authority negotiations between state authorities and customary institutions in the administration of village governance in Jayapura Regency. Normatively, the existence of customary law communities is constitutionally guaranteed through Article 18B of the 1945 Constitution, which was further strengthened in Law Number 21 of 2001 concerning Special Autonomy for Papua. Using qualitative methods with a socio-legal approach, this study found that the Jayapura Regency Government, through Regional Regulation Number 8 of 2016, has taken progressive steps by integrating customary leadership structures into the formal administrative system through the Customary Village (Kampung Adat) scheme. The research findings indicate a dual power structure, in which Ondoafi performs roles encompassing governance, norm formation, and dispute resolution based on charismatic legitimacy that intersects with the demands of modern bureaucracy. The authority negotiation process is intense, particularly in the context of customary land (ulayat) management and conflict resolution through the Para-Para Adat mechanism, which, in practice, is considered more effective in maintaining social cohesion than formal judicial mechanisms. However, this integration still faces various obstacles, particularly the tension between state administrative standards and the genealogical and communal nature of traditional leadership. In conclusion, strengthening the position of Ondoafi as a liaison between investment interests and the protection of customary rights is a key factor in the successful implementation of special autonomy, while remaining within a framework of public accountability and respect for human rights principles.

Page 16 of 16 | Total Record : 159

 12   13   14   15   16 

Filter by Year

2017 2026


Reset
Filter By Issues
All Issue Vol. 10 No. 1 (2026): Al-Bayyinah Vol. 9 No. 2 (2025): Al-Bayyinah Vol. 9 No. 1 (2025): Al-Bayyinah Vol. 8 No. 2 (2024): Al-Bayyinah Vol. 8 No. 1 (2024): Al-Bayyinah Vol. 7 No. 2 (2023): Al-Bayyinah Vol. 7 No. 1 (2023): Al-Bayyinah Vol 6, No 2 (2022): Al-Bayyinah Vol 6, No 1 (2022): Al-Bayyinah Vol 5, No 2 (2021): Al-Bayyinah Vol 5, No 1 (2021): Al-Bayyinah Vol 4, No 2 (2020) Vol 4, No 1 (2020) Vol 3, No 2 (2019) Vol 3, No 1 (2019) Vol 2, No 2 (2018): Al-Bayyinah Vol 2, No 1 (2018): Al-Bayyinah Vol 1, No 2 (2017): Desember Vol 1, No 1 (2017): Juni More Issue