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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 394 Documents
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State Responsibility for Environmental Pollution from a Human Rights Perspective Firman Octhaviana Sulistiyono
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 3 (2026): ALADALAH: 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/e135fs38

Abstract

Environmental pollution due to suboptimal waste management is a problem that continues to increase along with increasing population growth, urbanization, and changes in people's consumption patterns. This condition not only has a negative impact on ecology, but also has an impact on health, quality of life, and provides human rights. This study aims to analyze the state's responsibility for environmental pollution due to waste and examine waste management from a human rights perspective. The research method used is normative juridical research with a regulatory approach (statutory approach) and a contextual approach (conceptual approach). The results of the study indicate that the state has constitutional and juridical responsibilities in ensuring effective waste management, as regulated in Law Number 18 of 2008 concerning Waste Management and Law Number 32 of 2009 concerning Environmental Protection and Management. From a human rights perspective, a good and healthy environment is a fundamental right guaranteed in Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia and various international human rights instruments. Therefore, environmental pollution resulting from poor management can be considered a threat to the rights to health, the right to life, and the right to a decent environment. Sustainable waste management is a crucial instrument for realizing environmental protection and guaranteeing human rights.
Kepemimpinan Penghulu dalam Pelaksanaan Program Pemberdayaan Budidaya Ikan Lele di Kampung Sungai Tengah Kecamatan Sabak Auh Kabupaten Siak Rahayu Rahayu; Khairul Rahman
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 3 (2026): ALADALAH: 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/zy3j6876

Abstract

The leadership of the village head plays a strategic role in determining the effectiveness of community empowerment programs in rural development. This study examines the leadership of the Penghulu in implementing the catfish farming empowerment program in Sungai Tengah Village, Sabak Auh District, Siak Regency. A descriptive qualitative approach was employed, with data collected through interviews, observations, and documentation involving the village head, the Village Consultative Body (BPKam), the program coordinator, and members of catfish farming groups. Data were analyzed using the interactive model of Miles and Huberman, while source triangulation ensured data credibility. The findings indicate that the Penghulu demonstrated effective leadership by promoting participatory planning through village deliberations, establishing clear task distribution among farming groups, and facilitating the provision of seeds, feed, and farming facilities. Leadership was further reflected in continuous communication, motivation, and institutional support that encouraged community participation. Despite these achievements, program implementation remained constrained by technical challenges in fish cultivation, limited field supervision, ineffective communication between stakeholders, and security issues related to fish theft. Strengthening supervisory mechanisms, communication, and collaborative management is therefore essential to improve the sustainability and effectiveness of community-based aquaculture empowerment programs.
Harta Bersama dalam Sistem Kewarisan Islam: Perspektif Gender terhadap Hukum Islam Klasik Ferdian Ferdian; Muliadi Muliadi; Firmansyah Firmansyah; Nanta Septia; Illian Hikma
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 3 (2026): ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/25nmm359

Abstract

Women's contribution to household economic development has become increasingly significant; however, classical Islamic inheritance law does not yet accommodate the concept of jointly acquired property fairly. In classical fiqh, inheritance is distributed without considering the productive role of wives during marriage, leading to gender-based inequality in practice. This study aims to examine the position of jointly acquired property within the classical Islamic inheritance system and evaluate to what extent it reflects gender justice. Using a library research method with a normative-theological approach and a gender perspective, this study finds that classical inheritance law positions wives solely as heirs, not as rightful co-owners of marital property. As a result, women's economic rights are often marginalized after the death of their husbands. A normative reinterpretation of fiqh is therefore necessary, utilizing the framework of maqāṣid al-sharī‘ah, particularly the principles of justice (al-‘adl) and public interest (al-maṣlaḥah), to include joint property as a form of substantive justice. This finding encourages Islamic legal reform to be more responsive to social realities and gender equality.
Marital Rape dalam Perspektif  Hukum Islam dan Hukum Positif Indonesia: Reinterpretasi Hak Seksual dalam Pernikahan Firmansyah Firmansyah; Muliadi Muliadi; Ferdian Ferdian; Nanta Septia; Illian Hikma
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Article in Press
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/ssstq839

Abstract

Marital rape, or forced sexual intercourse within marriage, is a sensitive issue that remains rarely discussed openly, particularly within the framework of classical Islamic law. Traditional fiqh literature often positions sexual relations as the husband’s absolute right, which the wife is obligated to fulfill, and her refusal is frequently labeled as nusyūz (disobedience), with consequences on her legal entitlements. However, in modern contexts, the maqāṣid al-sharī‘ah (higher objectives of Islamic law) approach emphasizes the protection of life, dignity, and bodily autonomy within marital relations. This study aims to examine the concept of marital rape from the perspectives of both classical and contemporary Islamic law, while also comparing it with the provisions of Indonesia’s positive law, particularly Law No. 23 of 2004 on the Elimination of Domestic Violence and Law No. 12 of 2022 on Sexual Violence Crimes. Using a qualitative library research method, the study finds that marital rape contradicts both the ethical foundations of Islamic law and the constitutional principles of national law. Thus, there is an urgent need for reinterpretation of religious texts and stronger law enforcement to ensure justice and protection for women within the institution of marriage.
Eksistensi Pidana Tutupan dalam Hukum Pidana Indonesia dalam Kaitannya dengan Asas Equality Before The Law Muhammad Faiz Indriansyah Reza; Yudi Krismen US
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Article in Press
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/244sqv26

Abstract

The reintroduction of pidana tutupan (custody penalty) under Article 74 of Law Number 1 of 2023 on the Indonesian Criminal Code has renewed debates concerning its compatibility with the constitutional principle of equality before the law. This study analyzes the legal basis of pidana tutupan and evaluates whether the preferential treatment afforded to offenders acting on honorable motives (Custodia Honesta) is consistent with Article 27 paragraph (1) of the 1945 Constitution. Employing a normative legal approach with statutory analysis and library research, the study critically examines relevant legal norms and constitutional doctrines. The findings suggest that pidana tutupan is not inherently inconsistent with the principle of equality before the law, provided that differential treatment is justified by objective, rational, and universally applicable legal criteria. Nevertheless, the absence of explicit parameters defining “honorable motives” creates significant interpretative ambiguity and increases the risk of arbitrary application. Without clear legal limitations, the provision may evolve into a privileged mechanism benefiting certain groups, particularly political elites, thereby undermining legal certainty and constitutional equality. The study highlights the need for more precise regulatory standards to ensure consistent implementation while safeguarding equal protection under the law.
Ketika Dakwah Tunduk pada Algoritma: Semiotika dan Mediatization Konten @nurulhayatku di Instagram Zidan Abdillah; Salbana Ziadatul Ramadhan; Meity Suryandari
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Article in Press
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/7352yp93

Abstract

Digital platforms have transformed contemporary Islamic da’wah by reshaping how religious messages are produced, circulated, and interpreted within algorithm-driven communication environments. This study examines the semiotic construction of digital da’wah content on the Instagram account @nurulhayatku, the official account of the Islamic philanthropic institution ZakatKita Nurul Hayat, while exploring how platform logic influences its communication strategy through the lens of mediatization. A qualitative descriptive approach employing semiotic content analysis was applied to ten Instagram posts selected through retroactive purposive sampling across multiple formats and thematic categories. The analysis integrates Roland Barthes’s three-level semiotics with Hjarvard’s and Hepp’s mediatization framework, alongside the principles of Islamic da’wah communication derived from Qur’an, An-Nahl:125. The findings identify five dominant patterns: limited and inconsistent hashtag utilization, the superior engagement of Palestine-related content, asymmetric engagement across thematic categories, the consistent use of persuasive calls-to-action, and strategically organized carousel narratives. The study demonstrates that mediatization functions as a negotiated rather than deterministic process, reflecting institutional algorithmic literacy in adapting religious communication to digital platforms. An engagement paradox also emerges, showing that semiotically sophisticated content does not necessarily achieve greater audience interaction, whereas emotionally resonant narratives generate stronger algorithmic engagement.
Tindak Pidana Penipuan Jual Beli Online melalui Instagram dalam Tinjauan Hukum Pidana: Studi Kasus di Polres Mojokerto Raza Murad Khan
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 1 (2024): Januari : 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/mtnmas04

Abstract

This study examines online fraud in buying and selling transactions conducted through Instagram, with particular reference to a case study at the Mojokerto District Police. The study aims to examine the law enforcement efforts undertaken by the police in addressing online fraud through Instagram and to analyze such offenses from the perspective of criminal law. This research employs an empirical juridical method with a qualitative approach. Primary data were obtained through interviews with police officers at the Mojokerto District Police, while supporting data were collected through relevant documentation. The data were analyzed qualitatively by examining the empirical findings in relation to the criminal law provisions applicable at the time of the study. The findings indicate that law enforcement against online fraud committed through Instagram involves several stages, including the receipt of reports, preliminary investigation, formal investigation, examination of victims and witnesses, and the collection and assessment of relevant evidence, particularly electronic evidence. In the case examined, Article 28 paragraph (1) of Law Number 11 of 2008 on Electronic Information and Transactions, as amended by Law Number 19 of 2016, was applied in relation to the dissemination of false or misleading information that resulted in losses to consumers in electronic transactions. Nevertheless, the enforcement process encountered several obstacles, particularly difficulties in identifying perpetrators, tracing social media accounts and bank accounts used in the fraudulent transactions, and obtaining and securing electronic evidence. Other factors affecting law enforcement included limitations in infrastructure and human resources, as well as the public's limited awareness of the importance of promptly reporting online fraud. The study concludes that effective law enforcement against online fraud through Instagram requires the appropriate application of criminal law provisions, supported by the investigative capacity of law enforcement authorities in identifying, tracing, and proving digital evidence. Preventive measures should also be strengthened through public education concerning secure online transactions in order to reduce the risk of fraud in digital commerce.
Eksistensi Hukum Islam dalam Sistem Negara Hukum Indonesia   Rahmiah Nur Rahmianti; Kurniati Kurniati; Musyfikah Ilyas
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Article in Press
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/3xq8yg07

Abstract

Islamic law occupies a distinctive position within Indonesia’s pluralistic legal system, where religious, customary, and state legal norms interact within a constitutional framework. This article examines the constitutional position and contemporary development of Islamic law within the Indonesian rule of law through a qualitative descriptive-analytical library research approach. Secondary sources published between 2020 and 2025, including scholarly articles, academic books, and relevant legislation, were selected purposively and analyzed using content analysis and thematic synthesis. The findings demonstrate that Islamic law has acquired significant constitutional and sociological recognition through statutory regulations, the institutionalization of religious courts, and its continued operation as living law. Nevertheless, its interaction with customary and national law generates normative tensions, overlapping institutional authority, and potential legal uncertainty, particularly where different legal norms regulate similar social domains. The analysis indicates that a substantive approach grounded in maqāṣid al-sharī‘ah can provide a normative framework for reconciling Islamic legal values with constitutional principles, justice, and human rights protection. The study contributes to the discourse on legal pluralism by positioning Islamic law not merely as a religious normative system but as an integral component of Indonesia’s evolving legal order. Harmonized legislation, consistent judicial interpretation, and inclusive legal policymaking are essential for managing pluralism while maintaining constitutional coherence.
Perlindungan Hukum terhadap Kain Tenun Baduy Luar dari Pembuatan Tanpa Izin Berdasarkan UU Hak Cipta Valerian Dandy Pradana; Inge Dwisvimiar; Rully Syahrul Mucharom
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Article in Press
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/ftm3t728

Abstract

Baduy Luar Woven Fabric is a cultural work of the indigenous Baduy community that possesses economic value while representing local identity and traditional knowledge. In practice, the use and production of Baduy Luar Woven Fabric by external parties for commercial purposes may still occur without permission from the Baduy Traditional Institution, raising concerns regarding copyright protection and the interests of the indigenous community as the owner of the cultural work. This research employs an empirical normative method using statutory and empirical approaches. Primary data were obtained through interviews with the Head of the Baduy Luar Traditional Institution, local weavers, and members of the Baduy Luar community, while secondary data were collected through literature studies of relevant laws and regulations, books, journals, and legal literature. The data were analyzed qualitatively by relating legal provisions to empirical findings. The findings indicate that the protection of Baduy Luar Woven Fabric motifs is based on Law Number 28 of 2014 concerning Copyright and Government Regulation Number 56 of 2022 concerning Communal Intellectual Property. The Suat Samata Adu Mancung and Suat Songket motifs have been recorded with the Directorate General of Intellectual Property. However, the protection has not been fully effective because unauthorized commercial use remains a potential concern. The Baduy Traditional Institution prioritizes warnings, deliberation, mediation, and licensing, while litigation may be pursued when persuasive mechanisms fail. Strengthening supervision, legal awareness, and written agreements for commercial use is necessary to improve legal certainty and the effectiveness of copyright protection.
Peran Satuan Polisi Pamong Praja dalam Penertiban Pedagang Kaki Lima Berdasarkan Peraturan Daerah Kota Serang Nomor 12 Tahun 2020 Tentang Penyelenggaraan Ketentraman, Ketertiban Umum Dan Perlindungan Masyarakat: Studi Kasus Royal Baroe Kota Serang Ahmad Fauzan; Robby Nurtresna; Mabsuti Ibnu Marhas; Fathullah Fathullah
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Article in Press
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/msz6y597

Abstract

The regulation of street vendors in urban public spaces requires a balance between public order, pedestrian rights, and the economic interests of informal traders. In Royal Baroe, Serang City, the implementation of Regional Regulation No. 12 of 2020 involves the Civil Service Police Unit (Satpol PP) in controlling street vendors who use sidewalks and road shoulders for trading activities. Using an empirical juridical approach with descriptive qualitative methods, data were collected through interviews, field observations, and document analysis involving Satpol PP officers, relevant government officials, street vendors, pedestrians, and local residents. The findings show that Satpol PP performs a strategic role through preventive and non-judicial measures, including socialization, persuasion, routine patrols, written warnings, and the relocation of street vendors to Kepandean Market, followed by continuous monitoring of the Royal Baroe area. The implementation generally follows applicable procedures and emphasizes humane and educational approaches; however, repeated violations continue to occur because some vendors return to the area due to limited customer access and economic considerations. The main obstacles include limited personnel and operational facilities, restricted budget availability, and low public awareness of regulations. Sustainable enforcement therefore requires stronger inter-agency coordination, improved institutional capacity and facilities, and continuous community engagement to ensure that public-space management does not merely remove violations but also provides viable economic alternatives for affected street vendors.

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