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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 156 Documents
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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.

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