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Rizal Darwis
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Al-Mizan (e-Journal)
Published by Institut Agama Islam Negeri Sultan Amai Gorontalo
ISSN : 19070985     EISSN : 24428256     DOI : https://doi.org/10.30603
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Al-Mizan (e-Journal) is a scientific periodical journal published by Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LP2M) IAIN Sultan Amai Gorontalo, Indonesia. The journal puts emphasis on aspects related to Islamic law studies, sharia, Islamic yurisprudence (fiqh) and law studies with various approaches of normative, philosophy, history, sociology, anthropology, theology, psychology, economic and is intended to communicate the original researches and current issues on the subject.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 241 Documents
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Jurnal TINJAUAN YURIDIS PELAKU TINDAK PIDANA INCEST TERHADAP ANAK DIBAWAH UMUR DI POLEWALI MANDAR : PELAKU TINDAK PIDANA INCEST Jalil B.
Al-Mizan (e-Journal) Vol. 18 No. 2 (2022): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v18i2.2985

Abstract

This study aims to analyze cases of incest crimes against minors with the problem of causal factors and the impact of incest on community life. This research is field research located in Polewali Mandar Regency with primary data sources from the District Court of Polewali Mandar Regency Case Decision Number: 68/Pid.Sus/2020/PN-Pol. While secondary data sources are books, journals, and legislation related to the problem. The data collected was analyzed with descriptive qualitative with a normative juridical approach. The results showed that in handling incest cases against minors, they were prosecuted under Article 294 paragraph (1) of the Criminal Code and Article 295 paragraph (1) item (1) of the Criminal Code. Factors causing incest against minors are caused by internal factors and external factors. Meanwhile, the consequences have short-term and long-term impacts on child victims of incest.
Realitas Perkawinan Beda Agama pada Masyarakat Sangalla Selatan Kabupaten Tana Toraja (Analisis Hukum Islam) Buhari Pamilangan; Anita Marwing
Al-Mizan (e-Journal) Vol. 19 No. 1 (2023): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v19i1.3059

Abstract

This article discusses interfaith marriage in South Sangalla Subdistrict, Tana Toraja Regency with the following problems: 1) factors causing of interfaith marriage in South Sangalla Subdistrict, Tana Toraja Regency; 2) the implications caused by interfaith marriage in South Sangalla Subdistrict, Tana Toraja Regency; and 3) how to minimize interfaith marriage in South Sangalla Subdistrict, Tana Toraja Regency. This research is a qualitative study that uses normative theological, juridical, cultural sociological, and historical approaches. Data collection techniques were carried out through observation, interviews, and documentation. Interviews were conducted with religious leaders, community leaders, traditional leaders, the head of the religious affairs office (KUA), and perpetrators of interfaith marriages in South Sangalla District, Tana Toraja Regency. The results showed that: 1) the occurrence of interfaith marriages in South Sangalla Subdistrict, Tana Toraja Regency is due to several factors, namely: women's freedom to choose prospective husbands, legitimization of interfaith marriages by custom, lack of religious knowledge and feelings of like and love; 2) the implications of interfaith marriages, namely: it is difficult to realize the purpose of marriage because of differences in spiritual principles, so that it has the potential to cause disputes and cause problems for children, especially in determining the child's religion and school; and 3) efforts to minimize the occurrence of interfaith marriage can be done internally and externally.
Perlindungan Hak Jurnalis Terkait Ujaran Kebencian dalam Hukum Positif Indonesia Maria Yeti Andrias; Farida Tuharea; Yulianus Payzon Aituru; Irsan Irsan; Apripari Apripari
Al-Mizan (e-Journal) Vol. 19 No. 1 (2023): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v19i1.3449

Abstract

This study aims to analyze the protection of journalists' rights regarding hate speech in Law Number 19 of 2016 concerning Information and Transactions and the protection mechanisms regulated in Law Number 40 of 1999 concerning the Press. The research method used is the normative method with the Statute Approach approach and is processed using the legal hermeneutic method. The results of the study show that article 28, paragraph (3) regarding hate speech in the ITE Law is an article that has multiple interpretations and is prone to misuse. The ITE Law can also set aside the Press Law as a lex specialist in protecting journalists. Meanwhile, the Press Law has a mechanism for preserving the journalist profession, such as the right of reply, the right of correction, a Memorandum of Understanding between the Press Council and the Indonesian National Police, and dispute resolution through the Press Council. This research reveals that the ITE Law and the Press Law differ in protecting journalists' rights regarding hate speech.
Analisis Inovatif Peraturan Daerah terkait Pengelolaan Zakat dalam Perspektif Prinsip-prinsip Pemerintahan yang Baik Nuvazria Achir; Mohamad Hidayat Muhtar
Al-Mizan (e-Journal) Vol. 19 No. 1 (2023): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v19i1.3478

Abstract

The emergence of various regional legislative products concerning zakat management, such as the Regional Regulation of Pohuwato Regency Number 6 of 2015 on Zakat Management, harbors potential complications. These issues pertain mainly to the implementation of good governance principles and innovation in the regulations and practices of zakat management. The primary aim of this study is to evaluate the effectiveness and accountability of zakat management in Pohuwato Regency, as enforced through the Regional Regulation of Pohuwato Regency Number 6 of 2015 on Zakat Management. Furthermore, this study seeks to identify critical steps that ought to be considered when addressing the challenges of zakat management. The adopted research methodology is empirical legal research, with an analytical and observational approach. The focus of this research is to gather factual data through case studies and interviews, as well as observing and analyzing the practical application and enforcement of the law. The study's findings highlight that coordination, transparency, accountability, empowerment of mustahiq (the poor and needy), and zakat literacy should be considered to establish effective and efficient zakat management in Pohuwato Regency. Vital steps requiring attention include professionalism, accountability, transparency, public participation, effectiveness, and coordination between agencies. By implementing these steps, zakat can optimize its benefits, thereby enhancing the quality of life and overall welfare of the people.
Eksistensi Hukuman Mati terhadap Kasus Pembunuhan Perspektif Hukum Pidana Indonesia dan Hukum Islam Nurul Amalia Syahrullah Yulianto; Nur Mohamad Kasim; Erman I. Kasim
Al-Mizan (e-Journal) Vol. 19 No. 1 (2023): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v19i1.3500

Abstract

The death penalty is one of the issues that has pro and con views. This paper contains behaviours that cause death penalty sanctions and the application of the death penalty in Indonesia based on Indonesian criminal law and Islamic law. This paper is a normative legal research. The determination of this type of research is based on the consideration that the orientation of this study is more intended to find legal rules, legal principles and legal doctrines in order to answer the legal issues at hand. The results show that the death penalty is not in line with respect for human rights that must be respected and protected, while in Islamic teachings, if it occurs, the term qisas (retaliation in kind) is known, namely if someone kills, then the reply is also murder, but on the other hand the term forgiveness from the victim's family is known, so qisas is not applied.
Perlindungan Hukum Bagi Korban Kekerasan Seksual di Perguruan Tinggi Ayu Safitri; Abd. Asis; Nur Azisa
Al-Mizan (e-Journal) Vol. 19 No. 1 (2023): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v19i1.3626

Abstract

This study aims to analyse the form of legal protection for victims of sexual violence in higher education and the factors that become obstacles in providing legal protection for victims of sexual violence in higher education. This research is an empirical research type with data collection techniques through interviews and literature studies. The data obtained is analysed qualitatively and presented descriptively. The results of the study indicate that the form of legal protection for victims of sexual violence that occurs in Higher Education is provided by providing victims' rights which have been regulated in Law Number 12 of 2022; Law Number 13 of 2006; Decree of the Director General of Islamic Education Number 5494 of 2021; and Regulation of the Minister of Education, Culture, Research and Technology Number 30 of 2021. The factors that influence the provision of legal protection for victims of sexual violence, namely legal factors, there are still articles that are still abstract, law enforcement factors that are still ineffective in carrying out their duties, and facilities or facilities have not been fulfilled properly, both offices and funding.
Memetakan Pendapat Ulama Untuk Pencegahan Praktik Pelukaan dan Pemotongan Genitalia Perempuan (P2GP): Memetakan Pendapat Ulama untuk Pencegahan Praktik P2GP Mufliha Wijayati
Al-Mizan (e-Journal) Vol. 19 No. 1 (2023): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v19i1.3778

Abstract

Female genital mutilation and mutilation (FGM/C), which is better known in the community as circumcision or female circumcision, has become a global issue and is increasingly coming to the fore as a culturally harmful practice. The diversity of FGM/C practices with different implications gives a negative image to Islam which is considered to legalize or order female circumcision as an obligation for men. This article aims to map the opinions of Islamic scholars about FGM/C, from the opinions of fuqaha to contemporary scholars, both personally and collectively. Based on a review of kinds of literature, this article found a variety of opinions regarding female circumcision from the perspective of Islamic scholars; obligatory, sunnah, or  dignity (makrumah). This research also shows the opinion of contemporary scholars who tend to say the weak argumentation of the dalil naqli that makes female circumcision obligatory. Based on maqasid sharia and medical evidence that circumcision does not benefit women and even tends to be harmful, contemporary scholars have issued a fatwa for its prohibition. The significance of this study lies in its usefulness as a basis for advocating the prevention of FGM/C practices in the community.
Pencatatan Perkawinan dan Sanksi Hukumnya: Studi Kritis Terhadap Asas Kepastian, Keadilan, dan Kemanfaatan Kurniawan, Ardian; Padli, Hamdani; Tauvani, A. Yuli; Rahayu, Karlina; Sumanto, Dedi
Al-Mizan (e-Journal) Vol. 21 No. 1 (2025): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v21i1.5922

Abstract

The policy of sanctioning laws and regulations for violations of marriage registration provides space for discourse in both a philosophical and practical context. The understanding of marriages that are not recorded encompasses violations in juridical terminology, as the content of sanctions can have actual implications for the emergence of problematic law enforcement in the field of marriage. This research was conducted to analyze and find out what the juridical implications are for the sanction policies contained in various legal regulations related to violations of marriage registration. The literature study method is the method used in this research, by collecting data through a review of various kinds of legal rules. This study uses a statutory regulation approach in examining regulations related to legal issues regarding sanctions for violations of marriage registration. Several policies that contain sanctions for violations of the legal registration of marriages are considered inappropriate because they cannot be met on a fundamental basis. There is a bias in the authority of law enforcement in the object of this violation of marriage registration. Legal ambiguity can arise in the process of sentencing if it is associated with the content of sanctions that have a tendency not to be in the realm of private law.
Tradisi Begalan dalam Pernikahan Adat Banyumasan di Sidareja Cilacap: Studi Filosofis dan Perspektif ‘Urf Mustangin, Akhmad; Darwis, Rizal
Al-Mizan (e-Journal) Vol. 21 No. 1 (2025): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v21i1.6366

Abstract

The Begalan tradition is a distinctive ceremonial practice in traditional Banyumasan weddings, particularly preserved in Sidareja District, Cilacap Regency. More than a ritual, Begalan conveys philosophical, moral, and religious values transmitted across generations. This study aims to examine the symbolic meanings and social functions of the tradition using a qualitative ethnographic approach, supported by philosophical analysis and the Islamic legal concept of ‘urf. Data were collected through direct observation of begalan ceremonies, in-depth interviews with cultural figures, and a review of relevant literature. The findings reveal that each item used in the ritual, such as the kukusan (steamer), muthu (pestle), and kendil (clay pot), embodies symbolic messages promoting responsibility, patience, and harmony within marriage. The tradition also serves as a medium for moral education and cultural communication to the wider community. From the perspective of ‘urf, begalan is recognized as a local custom that aligns with Islamic principles. Rather than contradicting religious norms, it reinforces Islamic values through culturally rooted expressions. The tradition demonstrates the adaptive capacity of local culture in responding to social change while maintaining its essential meaning. Accordingly, Begalan is not merely a cultural relic, but a living epistemological system and a collective identity that continues to thrive within Banyumasan society
The Style of Criminal Act Verses in The Quran and Its Implications for Legal Status Determinationits Implications for Legal Status Determination Rahman, Muhammad Gazali; Abdullah, Abdullah; Nurkamiden, Sukrin; Jaya M., Umar
Al-Mizan (e-Journal) Vol. 21 No. 1 (2025): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v21i1.6351

Abstract

One aspect of law in the Quran is criminal act (jinayat). This law aims to protect, prevent, and avoid criminal acts (jinayat) that may threaten a person's life, property, and honor. Muslims have acknowledged and accepted Islamic law as an absolute truth that must be implemented with the principle of sami‘na wa ata‘na (we hear and we obey), as part of religious practice aimed at achieving well-being in this world and the hereafter. To implement Islamic law properly, a careful understanding and observation of the objectives of sharia, both explicit and implicit, is necessary. This study has two goals: (a) to identify, categorize, and describe the linguistic styles of al-amr (command) and al-nahyu (prohibition) in jinayat verses and their legal implications; and (b) to map and elaborate on the implications of jinayat verses in determining legal status. The styles used in conveying commands and prohibitions in jinayat verses include: (1) commands; a) passive past tense verbs (fi‘il madhi majhul) that contain obligatory demands; b) verbal nouns (masdar), such as "let the one who forgives follow," where the previous imperative form is replaced with compensation; c) imperative sentences using commands verb (fi‘il amr); (2) prohibitions; a) forms that mean “do not”; b) declarative sentences (khabariyah); c) commands (al-amr) that require abstaining from self-harming acts; d) negating expressions. If the divinely prescribed commands and prohibitions are not enforced, perpetrators of crimes will never be deterred, as human-made laws have many weaknesses. Furthermore, if murderers and thieves are merely imprisoned, it could lead to increased hatred.

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