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AL-DALIL: Jurnal Ilmu Sosial, Politik, dan Hukum
Published by Indra Insititute Research & Publication
ISSN : -     EISSN : 29870976     DOI : https://doi.org/10.58707/aldalil.v2i1
Core Subject : Economy, Humanities, Social,
Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
AL-DALIL: Jurnal Ilmu Sosial, Politik, dan Hukum (Journal of Social Science, Political, and Law) is an open access, and peer-reviewed journal. Our main goal is to disseminate current and original articles from researchers and practitioners on various contemporary social, political and law issues: gender politics and identity, digital society and disruption, civil society movement, socio-economic, community welfare, social development, citizenship and public management, public policy innovation, international politics & security, media, information & literacy, politics, governance & democracy, radicalism and terrorism. It includes but is not limited to various fields such as philosophy and theory of law, comparative law, sociology of law, international law, constitutional law, private law, economic law, environmental law, criminal law, administrative law, cyber law, human rights law, and agrarian law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 75 Documents
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Tinjauan Maqashid al-Syari’ah Terhadap Larangan Pelaksanaan ‎Ibadah Shalat Di Tempat Ibadah Di Era Pandemi Covid-19‎ Atan Herman; Muannif Ridwan
AL-DALIL: Jurnal Ilmu Sosial, Politik, dan Hukum Vol. 1 No. 1 (2023): AL-DALIL: Jurnal Ilmu Sosial, Politik, dan Hukum
Publisher : Indra Institute Research & Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58707/aldalil.v1i1.428

Abstract

This research discusses the issue of the prohibition on the implementation of worship during the Covid-19 pandemic in places of worship by using maqashid al-shari'ah as a guide to answering the problem above. Covid-19 has brought significant changes in various lines of life, including the issue of human servitude to the Khaliq. The purpose of this research is to answer the question of governance of worship during Covid-19. The method of this research is descriptive qualitative by using secondary data as the main reference. Research shows that there are many restrictions from the MUI and the government in overcoming this virus, one of which is by suspending congregational prayers at mosques, both Friday prayers and fardhu prayers five times a day. If seen based on the review of maqasid al-shari'ah, then there is one element that exists in the maqashid, namely preserving life. So that the suspension of congregational prayers at the mosque is an alternative to maintaining the benefit of the community. MUI in each of its fatwa policies stipulates a law based on the Qur'an, as-Sunnah, and also ijtihad which is based on fiqh principles that are relevant to each condition and incorporated in the types of fiqh rules daf'u Aḍ-darurah wa raf'u al-ḥaraj in order to create benefit for all human beings.
PANDANGAN MAHASISWA PROGRAM STUDI ILMU ‎HUKUM TAHUN 2021 UNIVERSITAS ISLAM INDRAGIRI ‎TERHADAP HUKUM WARIS ISLAM DI INDONESIA: (Studi Komparatif Hukum Waris Islam dengan Hukum Waris Perdata dan Hukum Waris Adat) Veronika Roselino; Herdiansyah; Bakri; M. Alfarizi
AL-DALIL: Jurnal Ilmu Sosial, Politik, dan Hukum Vol. 1 No. 1 (2023): AL-DALIL: Jurnal Ilmu Sosial, Politik, dan Hukum
Publisher : Indra Institute Research & Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58707/aldalil.v1i1.431

Abstract

In this journal, the author conducts research on how the views of students of the 2021 law study program, Law Faculty, at Islamic University of Indragiri regarding inheritance law in Indonesia, as it is known that students at UNISI embrace Islam and of course also have studied and understood everything and the law regarding inheritance, whether it is Islamic inheritance law, inheritance law according to civil law or customary law itself, because basically it is not just one law that this student is studying but there are several other laws that are also being studied. In addition to religion, these students also come from diverse ethnic and cultural backgrounds, making it possible to be influenced by the perspective of these students to analyze the dynamics of inheritance law in Indonesia. In writing this journal, the author uses field research methods that use a sociological normative juridical approach, where this research is a qualitative research with data and information collection techniques using observation and interview methods. In this journal the authors found the results of this study, namely (1) that in the view of students and female students of the UNISI Law Faculty in 2021 regarding the dynamics of inheritance law in Indonesia, some of these students thought that even though there were dynamics of inheritance law in Indonesia, they believed that inheritance law based on Islamic law is the fairest law of the two other laws, namely civil law and customary law, (2) as other students have the opinion that every person who is domiciled or an Indonesian citizen has the right to choose which inheritance law they want to use in resolve disputes or problems in the inheritance law in accordance with the wishes and agreement of the heirs of the disputing families, but the best is to use Islamic inheritance law because Islam highly upholds justice especially those who are Muslim should use legal Islamic inheritance in determining the inheritance problem itself, (3) and some other students and female students assume that the dynamics of inheritance law in Indonesia is an impossibility, in essence, if there is a word of deliberation and consensus, then the issue of inheritance can be carried out properly.
Analisis Kinerja Pengelolaan Keuangan Dana Desa Berdasarkan Rasio ‎Efektivitas dan Rasio Pertumbuhan Pada Kantor Desa Limbur Merangin ‎Kabupaten Merangin Nur Asiah; Addiarrahman; Muthmainnah
AL-DALIL: Jurnal Ilmu Sosial, Politik, dan Hukum Vol. 1 No. 1 (2023): AL-DALIL: Jurnal Ilmu Sosial, Politik, dan Hukum
Publisher : Indra Institute Research & Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58707/aldalil.v1i1.433

Abstract

This study aims to find out how Village Fund Finance is managed, to find out the factors that influence the effectiveness of Village Fund financial management, to find out how to manage Village Funds more effectively and to find out how well the financial performance of the Limbur Merangin Village Fund is, Merangin Regency. The type of research used is a type of qualitative and quantitative research (mixed method). Quantitative research because the data collected is in the form of figures from the financial reports of the Village Fund Allocation (ADD) on the Village Revenue and Expenditure Budget (APBDesa), while qualitative research is the process of inductively thinking processes related to the dynamics of the relationship between observed phenomena, and always use scientific logic. The results of the study show that in general the financial performance of the Limbur Merangin Village Government of Merangin Regency has been good in managing the finances of the Village Fund Budget. Where is the effectiveness ratio of the Limbur Merangin Village Fund during 2017-2022 in the effective category. This shows that the ability of the Limbur Merangin Village government to achieve the Village Fund target has been going well. The income growth ratio, the Village Fund's income growth fluctuates every year so that the financial performance of the Limbur Merangin Village government is not good in terms of managing the growth ratio.
Implementasi Konvensi Internasional Perlindungan Anak Di ‎Lembaga Pembinaan Khusus Kelas II Kabupaten Karangasem Gede Yudi Antara; Deli Bunga Saravistha
AL-DALIL: Jurnal Ilmu Sosial, Politik, dan Hukum Vol. 1 No. 1 (2023): AL-DALIL: Jurnal Ilmu Sosial, Politik, dan Hukum
Publisher : Indra Institute Research & Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58707/aldalil.v1i1.435

Abstract

This study discusses the implementation of children's rights in the Convention on the Rights of the Child (KHA) in Indonesia, especially in the LPKA (Special Development Institution for Children) Class II Karangasem. Indonesia has ratified the Convention on the Rights of the Child (KHA) through Presidential Decree Number 36 of 1990 but many children still lost their rights, for example, the right to education. This study aims to identify the implementation of the Convention on the Rights of the Child (KHA) for the fulfillment of the rights of inmates LPKA Class II Karangasem. This study used an empirical legal method. The results of this study showed that some programs related to the implementation of the fulfillment of children's rights in the LPKA Class II Karangasem are part of an effort to support the government in implementing the Convention on the Rights of the Child which has been ratified in Indonesia in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and Law Number 22 of 2022 concerning Corrections. Besides, this program is the duty and function of the Special Development Institution for Children in fostering the children in order to improve themselves to be good citizens again
Implementasi Penerimaan Tahanan Pada Masa Transisi ‎ Menuju Endemi Di Lapas Perempuan Kelas II A Kerobokan Rahayu Intan Mandasari; Deli Bunga Saravistha; Komang Edy Dharma Saputra
AL-DALIL: Jurnal Ilmu Sosial, Politik, dan Hukum Vol. 1 No. 1 (2023): AL-DALIL: Jurnal Ilmu Sosial, Politik, dan Hukum
Publisher : Indra Institute Research & Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58707/aldalil.v1i1.436

Abstract

This study discussed the implementation of prison admission during the transitional period towards endemic at Class II A Kerobokan Women's Prison. The situation in different elements of the world community's life, particularly in Indonesia, is gradually improving because the country has entered a transitional stage into endemic status. This condition is one of the factors considered by the government when enacting new policies, such as the Adjustment of Correctional Services by the Ministry of Law and Human Rights of the Republic of Indonesia. The purpose of this study was to examine how prison admission was implemented at Class II A Kerobokan Women's Prison during the transitioning period to endemic. The empirical legal research method was adopted, with a direct approach to the field. In this study, the authors found out that the implementation of prison admission during the transition to endemic period still referred to the Decree of the Director General of Corrections Ministry of Law and Human Rights of the Republic of Indonesia Number: PAS-170.PK.01.01.02 of 2015 concerning Standards for Registration and Classification of Prisoners and Detainees. The prison admission remained in accordance with the Standard Operating Procedures (SOP) contained in the regulation. However, there are several adjustments due to the transition period which has been listed in the Decree of the Director General of Corrections of the Ministry of Law and Human Rights of the Republic of Indonesia Number PAS-04.OT.02.02 of 2023 concerning Adjustments to the Implementation of Correctional Services During the Transitional Period Towards Endemic. Several additional provisions that apply include admission carried out in stages considering the occupancy capacity equipped with rapid or swab letters with non-reactive results, carrying out health screening according to procedures, and continuing to carry out intensive coordination with Law Enforcement Officials, the local Covid-19 Task Force, and stakeholders.
Tugas dan Kewenangan Petugas Pemasyarakatan Terhadap ‎Narapidana Yang Melakukan Pelanggaran Tata Tertib Di ‎Lembaga Pemasyarakatan Kelas IIb Tabanan Ni Putu Yasintya Pradnyaswari; Deli Bunga Saravistha; I Gusti Ngurah Aristiawan
AL-DALIL: Jurnal Ilmu Sosial, Politik, dan Hukum Vol. 1 No. 2 (2023): AL-DALIL: Jurnal Ilmu Sosial, Politik, dan Hukum
Publisher : Indra Institute Research & Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58707/aldalil.v1i2.437

Abstract

Penitentiary is a criminal justice system that has a strategic function as the implementation of imprisonment and at the same time as a place for fostering prisoners or people who commit crimes. Penitentiary as a place for self-guidance and self-improvement for inmates who are stumbling over cases and are related to the law. The large number of perpetrators of crimes that occurred in the correctional institutions were committed by the prisoners themselves, causing the coaching process to not run as expected. The various types of violations that occur in the Class IIB Tabanan Correctional Institution such as using a cellphone (mobile phone) in a residential block, fighting among prisoners, not following apples, carrying sharp weapons, not wearing WBP clothes (prisoners), and other violations. The purpose of this study is to determine the role of correctional officers in providing guidance to and to find out the consequences of violations committed by inmates in the Class IIB Tabanan Correctional Institution. The research method carried out by the author is empirical research, namely by looking at the facts in the field, especially related to the role of correctional officers against inmates who violate the rules of law in the Class IIB Tabanan Penitentiary
Perlindungan Hukum Bagi Anak Bawaan Warga Binaan ‎ Di Lembaga Pemasyarakatan Perempuan ‎ Kelas IIA Kerobokan Luh Kadek Linda Marsiari; Deli Bunga Saravistha; I Gusti Ngurah Aristiawan
AL-DALIL: Jurnal Ilmu Sosial, Politik, dan Hukum Vol. 1 No. 2 (2023): AL-DALIL: Jurnal Ilmu Sosial, Politik, dan Hukum
Publisher : Indra Institute Research & Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58707/aldalil.v1i2.438

Abstract

Newly born babies are highly dependent with their parents in meeting their needs, thus they cannot be separated, especially with the mother. The right fullfilment of women prisoner’s children is highly affected by the deprivation of the mother’s right. The purpose of this study is to find out the implementation as well as the challenges of the regulation in Lembaga Pemasyarakatan Perempuan (LPP) Kelas II A Kerobokan in an attempt to fulfill the rights of women prisoner’s children. The primary data that is used in this study are the interview results with woman prisoners and LPP officers. Meanwhile, the secondary data is collected from literature studies and from Indonesia Law and Regulation. Furthermore, the research methodology that is used in this study is empirical research method, while the data analysis method is descriptive qualitative method. The result of this study shows the legal protection for the right of women prioner’s children in LPP Kelas II A Kerobokan has been well implemented according to the Standard Operating Procedure (SOP), however still needs to be maximized. The challenges encountered includes infrastructure, human resources and teamwork.
Mekanisme Jalannya Mediasi Penyelesaian Sengketa Tanah di Pengadilan Negeri Semarapura (Studi Kasus Putusan Pengadilan Negeri Semarapura Nomor 53/Pdt.G/2022/PN Srp) I Gede Artana; Deli Bunga Saravistha
AL-DALIL: Jurnal Ilmu Sosial, Politik, dan Hukum Vol. 1 No. 2 (2023): AL-DALIL: Jurnal Ilmu Sosial, Politik, dan Hukum
Publisher : Indra Institute Research & Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58707/aldalil.v1i2.445

Abstract

Land dispute settlement mechanisms are classified as civil settlements. To overcome the accumulation of case files, the Supreme Court has issued Supreme Court Regulation Number 1 of 2016 concerning Mediation in Courts or commonly known as Judicial Mediation. Around 36,771 court decisions were recorded on land cases that were handled through litigation, this shows the high number of disputes that questioned land as an object. There were 166 appealed decisions to the High Court with details of 4 granted, 6 annulled, 68 upheld, 1 level I court decision which was unacceptable and 87 decisions entered into other records. These records are only reports in a district court in Denpasar, at the overall level of course the figure will be many times higher. Land Dispute Settlement Mechanism at the Semarapura District Court (Case Study of Semarapura District Court Decision Number 53/Pdt.G/2022/PN Srp)”. The objectives to be achieved are: 1. to add to the knowledge or insight of students, both readers and writers and all academics regarding the mechanisms for resolving land disputes at the Semarapura District Court (case study of Semarapura District Court Decision Number 53/Pdt.G/2022/PN Srp) . to find out the legal basis and aspects of resolving inherited land disputes at the Semarapura District Court (case study of Semarapura District Court Decision Number 53/Pdt.G/2022/PN Srp). The research method used is empirical juridical research method, namely research based on primary data as the main data source and secondary data as a complement. An interesting problem is to further analyze the success of the mediation process in the Semarapura District Court Decision Number 53/Pdt.G/2022/PN Srp) in accommodating the interests of the parties, so that even though it failed at least mediation played a role in helping to fulfill the elements of a consensus settlement which is national identity.
Mekanisme Penyelesaian Sengketa Dalam Perdagangan Berjangka Komoditi I Nengah Mahendra Adi Sanjaya; Deli Bunga Saravistha
AL-DALIL: Jurnal Ilmu Sosial, Politik, dan Hukum Vol. 1 No. 2 (2023): AL-DALIL: Jurnal Ilmu Sosial, Politik, dan Hukum
Publisher : Indra Institute Research & Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58707/aldalil.v1i2.450

Abstract

Commodity futures trading is everything related to the sale and purchase of commodities with margin withdrawals and later settlement based on futures contracts, sharia derivative contracts, and/or other derivative contracts. Commodities are all goods, services, rights and other interests, and any derivatives of commodities, which can be traded and become the subject of futures contracts, sharia derivative contracts, and/or other derivative contracts. The purpose of this study is to find out what is meant by commodity trading and dispute resolution mechanisms in commodity futures trading either in an alternative or litigation manner. This study also explains the law concerned with commodity futures trading. This study uses normative research methods. Normative legal research is legal research conducted by examining literature or secondary data
Keberadaan Awig-Awig dalam Mengatasi Aksi Tindak Pidana Ringan di Desa Marga Kabupaten Tabanan, Bali I Nengah Wijana; Deli Bunga Saravistha
AL-DALIL: Jurnal Ilmu Sosial, Politik, dan Hukum Vol. 1 No. 2 (2023): AL-DALIL: Jurnal Ilmu Sosial, Politik, dan Hukum
Publisher : Indra Institute Research & Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58707/aldalil.v1i2.452

Abstract

The existence of customary law itself is recognized in Indonesian positive law, namely in the 1945 Constitution of the Republic of Indonesia Article 18 B paragraph (2). Customary law has its own uniqueness according to the custom in which the law lives, so it is not uncommon for there to be differences between customary law in one area and another. Several regions in Indonesia that have strong cultural characteristics still practice customary laws that have been enforced for a long time, such as Aceh which still uses Islamic law and Bali which also uses customary law guidelines to resolve problems that arise in society known as Awig-Awig. Awig-awig comes from the word "wig" which means damaged while "awig" means not damaged or good. So Awig-Awig is interpreted as something that becomes good. Like positive law, the awig-awig desa pakraman which guides the life of village krama certainly prohibits criminal acts and sanctions (pamidanda) are regulated in it. The rise of violence between youths is very troubling among the community members, as reported by the media where high school aged children were caught planning brawls which they called the "Sarong War". This action was successfully arrested by the police. This disturbing action is not only dangerous and requires special attention because it is related to the mentalistic development of the nation's generation, so it is very interesting to study, especially regarding the role of village awig-awig who are closest and directly touch the community.

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