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Mohammad Fikri
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ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Published by LP3M Institut KH Yazid Karimullah
ISSN : 2962889X     EISSN : 29628903     DOI : 10.59246
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora is published by Islamic Sharia College Nurul Qarnain, Jember, East Java, Indonesia. The journal publishes articles of interest to education practitioners, teachers, education policy makers, and researchers. This journal encompasses research articles, original research report, reviews social studies. The journal is highly receptive to new research patterns and methods. The following articles will be issued for publication: political sciences, social, law, and humanities, etc.
Arjuna Subject : Ilmu Sosial - Ilmu Politik dan Hubungan Internasional
Articles 325 Documents
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Kerusakan Lingkungan Hidup pada Ekosistem Ditinjau Berdasarkan Hukum : (Studi Kasus Kerusakan Lingkungan Hidup oleh PT. DPM Dairi) Taufiq Ramadhan; Johan Pardamean Simanjuntak; Linton Naibaho; Kania Nova Ramadhani; Agung Torang Sitohang; Desy Yolanda Br Bangun; Johana Andriani Nainggolan; Nazlah Aulia; Nelly Moria Hutapea; Roselli Anjelina Lumbansiantar
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v2i3.842

Abstract

Environmental damage carried out by PT DPM Dairi is considered a violation of Law Number 32 of 2009 concerning Environmental Protection and Management. As a result of environmental damage caused by PT DPM Dairi, especially in zinc mineral mining, it can severely damage the surrounding ecosystem. The objectives of this research are, To Know and examine the consequences of environmental damage carried out by PT DPM Dairi. How the Government Efforts to Find Solutions Due to Environmental Damage by PT.DPM Dairi. This research uses a normative juridical method, which is done by tracing legislation and library materials which are then written descriptively. The community succeeded in canceling PT.DPM Dairi's license. The facts of the trial showed that the existence of the mine in a disaster-prone area right above the North Sumatra earthquake fault threatened the safety of more than 300 thousand
Prinsip Dasar Pendidikan Islam dalam Memilih Pemimpin Ali Nurdin
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 1 No. 3 (2023): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v1i3.844

Abstract

Leadership is very important, and what is even more important is how we don't make mistakes in choosing leaders. Because mistakes in choosing a leader will lead to disaster in the management of a system, both an organization and a government institution. This research tries to examine the problems in determining leader criteria and principles for selecting leaders in the context of Islamic education. The method approach used in this research is a literature study where data processing tests the theoretical suitability of the principles of Islamic Education. The results of the literature study show that the principles of choosing leaders in Islam must of course be correlated with the principles of choosing leaders so that the same interests are found and there is trust between the leader and those being led.
Dinamika Hubungan Politik dan Pendidikan Agama di Kampus: antara Keseimbangan dan Konflik Ali Nurdin; Eneng Humaeroh
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 1 No. 4 (2023): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v1i4.845

Abstract

Politics and religion have a close relationship and are important subjects in social and political studies. This research presents an analysis of the dynamics of the relationship between religious education on campus and politics in the context of contemporary dynamics. This research focuses on the role of religion in the formation of public policy, political identity, and the dynamics of social conflict. This research study is a discourse or literature search, to find out the relationship between these two problems. This research pays attention to phenomena and changes in power dynamics, transformation of religious identity, and ideological conflicts involving religion as a central aspect. This article also considers the implications of the interaction between religion and politics for democracy. The research method used is a qualitative approach. The data sources used are a combination of educational and religious political perspectives. Literature is used to explain how religion is often a source of inspiration for political movements, both in practical contexts and as a basis for thought. The analysis of this research aims to encourage a broader and deeper dialogue about how society, especially educational institutions, can manage and understand the role of religion in a democratic and inclusive political space.
Pengaruh Pemahaman Masyarakat Terhadap Pergantian Nasab Anak Oleh Ayah Angkat Perspektif Hukum Islam Yunita Eliza
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v2i3.848

Abstract

A child's lineage that is not suitable will bring disaster to that child, as happened in Jakarta City. The type of research carried out by researchers is field research using qualitative methods. Meanwhile, the data collection techniques used include observation, interviews and notes. Regarding the analysis technique used, namely using inductive thinking, inductive is a way of thinking that arises from specific data and empirical facts in the field which are synthesized, processed, studied, then the meaning is drawn in the form of general conclusions. This research uses an approach with Islamic legal theory, especially those related to lineage and adoption. From this research, it can be concluded that in the community's understanding of changes in children's lineages carried out by adoptive fathers in Jakarta, some people make their foster children their bloodlines. Factors that influence social ignorance are education and tradition. Islamic law prohibits adoption by affixing the adoptive father's name to the adopted child.
Peran Majelis Kehormatan Mahkamah Konstitusi Dalam Penegakan Undang Undang Dasar Dan Penyelesaian Pelanggaran Kode Etik Ketua Mahkamah Konstitusi Alaya Rihadatul Aisya; Amelia Intan Safitri; Astri Nuraina; Najwa Yustitia Aequo; Tasya Halimah Nia Purwanti; Kuswan Hadji
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v2i3.850

Abstract

The Ministry of Constitution have a vision on enforcing the Constitution in order to actualize the country of democracy, as well as the ambitions of our state law that is; to create a dignified life of the people and the nation. The purpose of the said vision is so that it can serve as a guideline, to exercise responsible judicial power in accordance with the mandate of the constitution, and independently for the Constitutional Court. The role of the Honorary Council of the Constitutional Court is to maintain and supervise the behavior of the Constitutional Court using descriptive research methods that are quantitative or non-quantitative. directly by conducting a literature review taken from search and normative results. The Honorary Council of the Constitutional Court is an institution that plays a role in monitoring and examining the actions of judges in the constitutional court which are suspected of violating the constitution. The authority of the Honorary Council according is to examine and make decisions on reports and information that the respondent judge is suspected of committing serious violations. The decision of the Honorary Council of the Constitutional Court as a means of enforcing the code, ethics and behavior of Constitutional judges is final and binding. Role of the Law The Constitution by the Constitutional Court regarding Cases of Violations of the Code of Ethics is the legal basis and source of law for making rules as code and ethical guidelines in carrying out the judicial duties of the Constitutional Court, Honorary Council. The Constitutional Court is the body responsible for guaranteeing and implementing the basic principles of the
Perlindungan Hukum Terhadap Hak Asasi Manusia Dalam Hukum Tata Negara Kuswan Hadji; Devina Angelica; Efi Lailatun Nisfah; Erlingga Savril Maharani; Herfita Ayu Nayla; Clara Oktaviana
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v2i3.851

Abstract

Human rights are fundamental rights inherent in every individual without exception, which must be respected, protected, and fulfilled by the government in accordance with the principles of applicable constitutional law. This study aims to analyze the legal protection of human rights in the context of constitutional law. The research method used is a descriptive analytical approach that discusses the concept of human rights, its relation to constitutional law, as well as concrete steps that can be taken by the government to ensure effective human rights protection. The results showed that legal protection of human rights in constitutional law is very important to maintain a balance between state power and individual rights. A balance between individual freedom and public interest is needed in carrying out government duties in accordance with the constitution and applicable laws and regulations. This research is expected to provide deeper insight into efforts to protect human rights within the framework of constitutional law, and can be a reference for governments, legislative institutions, and law enforcement agencies in improving human rights protection as one of the key aspects in realizing a democratic and just rule of law.
Analisis Terhadap Perlindungan Perempuan Korban Kekerasan Seksual Dari Segi Hak Asasi Manusia Dalam Sistem Hukum Positif Indonesia Windy Claudia Yunus; Leni Dwi Nurmala; Robby Waluyo Amu; Roy Marthen Moonti
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v2i3.855

Abstract

The aim of the research is to determine and analyze the concept of protecting women victims of sexual violence in terms of human rights in Indonesia's positive legal system. And to find out and analyze the form of state responsibility in protecting women victims of sexual violence in terms of human rights in Indonesia's positive legal system. The type of research, namely Normative Juridical, is legal research that places law as a building system of norms. The legal materials used in this research come from primary legal materials obtained directly from legal materials, both primary legal materials and secondary legal materials. In this case the author will try to collect information that is relevant to the topic or problem being researched, as well as examine in depth the information collected and synchronize it with the main problem in this thesis. The concept of protecting women victims of sexual violence in terms of human rights in Indonesia's positive legal system is that victims have the right to obtain their rights which are generally regulated in Article 5 of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection. Witnesses and victims also have the right to receive medical assistance, rehabilitation, compensation and restitution. Forms of State Responsibility in Protecting Women Victims of Sexual Violence In terms of Human Rights in Indonesia's Positive Legal System, namely that the State has the responsibility to provide protection and a sense of security to its citizens. In this case, especially for women who are victims of sexual crimes.
Dasar Pertimbangan Hakim Dalam Putusan Perkara Hak Asuh Anak Di Pengadilan Agama Gorontalo Ricca Aditya; Fence M Wantu; Julisa Aprilia Kaluku
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v2i3.856

Abstract

This research aims to find out and analyze the methods used by judges in deciding child custody cases and what considerations judges use in deciding child custody in the Gorontalo religious courts. The research method used in this research is a normative juridical type of research, and the research approach used in the research uses a qualitative type of approach. Apart from that, the author also uses a statutory approach related to the methods and considerations of judges who are the focus of this research. The location of this research is the Gorontalo City Religious Court. The research results obtained by researchers are that the methods used in deciding on custody are varied, including interpretation, argumentation, exposition and the main consideration in terminating child custody is the interests or prioritization of the child itself, starting from material and mental aspects. This proves that rechvinding or the judge's discovery is important if no new rules are found, this will certainly help in terminating custody disputes where the decision is still unclear.
Pengaruh Kebijakan Penggunaan Izin Pinjam Pakai Kawasan Hutan Lindung Untuk Pertambangan Di Kabupaten Morowali Muhammad Arrifky Komaruddiansyah; Ahmed Farid; Rahmat Mubaroh
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v2i3.859

Abstract

Indonesia, with its wealth of forest resources (SDH) and mineral resources including gold, silver, copper, oil, natural gas, and coal, faces challenges in managing excessive exploitation. Although coal mining significantly contributes to the economy, this activity has resulted in serious environmental impacts, especially in protected forest areas. The Indonesian government has issued various policies to control the use of forest areas by banning mining activities in protected forests. However, conflicts of interest between the mining and forestry sectors still frequently occur, particularly regarding the utilization of mineral and coal resources. There have been numerous conflicts over land rights affecting 4.4 million hectares in the last 30 years, involving disputes between Mining Jurisdiction Areas (WHP) and the forestry sector. In addressing these conflicts of interest, the government has restricted mining permits in the protected forest area of Morowali Regency. Several regulations, such as Forestry Law No. 41 of 1999, Government Regulation No. 71 of 2014 on the Protection and Management of Protected Forest Ecosystems, and Presidential Instruction No. 6 of 2017, provide a strong legal basis for prohibiting mining in protected forest areas. Nevertheless, the government faces limitations in monitoring and enforcing reclamation regulations in Morowali Regency. Some mining companies fail to properly conduct post-mining reclamation, resulting in negative impacts on the environment and surrounding communities. To address these limitations, efforts are needed to strengthen human resource capacity, allocate adequate budgets, foster cross-sectoral cooperation, utilize technology, involve community participation, and impose strict sanctions. Supervision of mining activities in Morowali Regency is carried out by the central government, provincial authorities, and local governments, involving law enforcement agencies. The government also develops an integrated information system to monitor mining activities in protected forest areas. Efforts to rehabilitate and restore degraded protected forests include tree replanting, maintenance, and economic training for communities. Thus, enhancing coordination between the mining and forestry sectors through synergy between the central and local governments, involving civil society and non-governmental organizations, is essential. The strict enforcement of reclamation regulations and awareness campaigns for mining companies can help ensure compliance with principles of sustainable resource management. In the context of economic development, the Indonesian government must continue to improve efforts to manage forest and mining resources. Synergy among related sectors, optimization of supervision, and environmental sustainability and community welfare should be the primary focus to achieve sustainable development.
Kedudukan Harta Gono-Gini dalam Pembagian Harta Waris Menurut Hukum Islam Yuli Andini Puspitasari; Navyra Berlianny; Mila Sari; Putri Yanti
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v2i3.862

Abstract

Marriage is a universal rule that applies to all creatures, including humans, animals and plants, as a way to reproduce and maintain life. In Islam, marriage means a contract between a man and a woman's guardian which makes sexual relations halal. A marriage can end due to death, divorce, or court settlement. Divorce is seen as the final step if the relationship cannot be repaired, and in the Qur'an and Hadith, there are no detailed provisions regarding the divorce process, so the law can be adjusted to the situation. One of the consequences of marriage is the existence of, Common Property Treasure acquired during the marriage, and must be managed responsibly by husband and wife. This concept is regulated in Indonesian laws and regulations, such as the Marriage Law, Civil Code, and the Compilation of Islamic Law., Common Property Treasure includes wealth acquired during marriage and belongs jointly to husband and wife, while inherited property is wealth owned before marriage. The issue of, Common Property Treasure has not been widely discussed in classical jurisprudence studies, but in the modern context, this has become important to ensure justice in Division of assets in case of divorce. Islamic law allows the distribution of assets through deliberation or court decisions if necessary. The concept of community property supports the fair distribution of wealth between husband and wife, in accordance with the principles of justice in Islam.

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