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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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Analisis Hukum tentang Urgensi Pembuatan Akta Notaris Secara Online Mato, Alvian; Igirisa, Siti Rahmawaty; Uno, Ismail; Podungge, Rulyjanto
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.v21i1.6712

Abstract

This research aims to examine and analyse the urgency of making notarial deeds online. This research uses normative legal research methods, with a qualitative approach. The data sources comprise legislation and references in the form of books, journal articles, and research results relevant to the theme of this research. The results show that the urgency of making notarial deeds online has not been fully addressed in Law Number 30 of 2004, as amended by Law Number 2 of 2014, related to the office of notary. This is due to the obligation for notaries to read out the deed in the presence of the confronters, witnessed by witnesses, so that the legal position of notarial deeds made online must be carried out by authorised officials as specified in the laws and regulations. Deeds made online by notaries are categorised as authentic deeds and can be valid, perfect, and have binding evidentiary power for the parties.
Encountering The Syariah Law in Contemporary Era: The Concept of Ijtihād Intiqāiy and Ijtihād Insyāiy Akil, Andi Amrullah
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.v21i1.6746

Abstract

This article elaborates on the role of ijtihād in addressing the many problems facing Muslims today. To find solutions, the Muslim community is naturally required to return to the texts of the Qur'an and Sunnah or to examine the results of the ijtihād of previous jurists. However, many of the problems that arise today cannot be solved within classical jurisprudence. Therefore, the door of ijtihād must always be open to realize Islamic law as a law appropriate for every era and place. This study shows that ijtihad is both an obligation that must be carried out and an unavoidable emergency. The author believes that, first, ijtihād intiqāiy is a process of seeking legal certainty regarding a problem. Second, ijtihād intiqāiy is carried out by weighing and comparing opinions from various schools of thought, then examining the basis of their evidence, whether based on the texts of the Qur'an or the Sunnah, or the ijtihad of the companions, and so on. Furthermore, ijtihad on newly emerging problems for which there is no legal determination yet and which are illuminated by shariah arguments is called ijtihād insyāiy. It may even be that ijtihād insyāiy is carried out on problems that existed during the time of the imams of the sect and for which there were legal provisions. However, today's mujtahids can formulate new legal provisions that are more in line with the times, more useful for humans, and closer to realizing the maqāshid al-sharīyah.
Disparitas Pemidanaan dalam Tindak Pidana Korupsi yang Mengakibatkan Kerugian Keuangan Negara Jaya, Muhammad Indra; Karim, M. Said; Muchtar, Syamsuddin
Al-Mizan (e-Journal) Vol. 20 No. 1 (2024): 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.v20i1.3943

Abstract

This study aims to analyze legal factors and factors of law enforcement officials that influence the disparity in sentencing for corruption which results in state losses. The type of research used is empirical normative legal research. The results of the study show that (1) the legal factor in the presence of disparity decisions regarding corruption crimes has not been optimal because the minimum criminal sanctions in the corruption law cause disparity in sentencing which is quite disturbing due to the non-uniformity in the provision of minimum sentences for similar offenses. (2) the factor of law enforcement officials as the cause of the disparity in sentencing of corruption case decisions is very clearly seen and felt to be very unfair to each other, there is no clear guideline regarding the prevention of disparity in corruption criminal rulings so law enforcement officers exercise their power to decide similar offenses the pretext of the judicial power law.
Pandangan Masyarakat Kota Ambon Terhadap Penikahan Beda Agama Dalam Tinjauan Soisologi Hukum Putuhena, Mohammad Sarfan Basyir
Al-Mizan (e-Journal) Vol. 20 No. 2 (2024): 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.v20i2.5640

Abstract

This study aims to analyze the views of the Ambon city community towards interfaith marriage.This research uses empirical normative methods, both legislative and legal sociology approaches. The types of primary data sources obtained come from observations, and interviews as well as secondary data in the form of literature studies. Furthermore, data was collected and analyzed in a qualitative descriptive manner, the results of this study showed that, the public's perception and understanding of interfaith marriage all agreed that interfaith marriage is forbidden (haram) and automatically invalid, interfaith marriage is also one of the deviations that violate religious law and positive law in Indonesia.
Tinjauan Yuridis Penyelesaian Sengketa Terhadap Peralihan Hak Milik Atas Tanah Tanpa Akta Hibah ( Suatu studi di Desa Lelekaa Kecamatan Wolasi Kabupaten Konawe Selatan) Marlin, Marlin; Marwan, Marwan
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.v21i1.6626

Abstract

This research aims to understand the settlement of disputes over the transfer of property rights to land without a grant deed and to identify the factors that inhibit efforts to resolve such conflicts. This research was conducted using normative-empirical research method using a statutory approach, a conceptual approach, and sociological enforcement. The results of this study show: (1) disputes generally occur because the granting of grants is done orally or only using ordinary letters without legal validity. The absence of a grant deed, as certified by the Official Certifier of Title Deeds (PPAT), renders the ownership status unclear, particularly after the grantor's death. This condition is exacerbated by the low legal awareness of the community and the lack of guidance from related officials; (2) factors inhibiting the settlement of land grant disputes in Lelekaa Village include the community's low understanding of the legality of grant deeds and legal procedures for the transfer of rights. The community tends to rely on oral or written statements without PPAT authorization, which are not legally valid. Other barriers include limited access to legal services, a lack of socialization from the Indonesian National Land Office (BPN) and PPAT, weak village supervision, and the passivity of officials in guiding residents. Irregular documentation and the absence of an ownership database complicate settlements, especially when multiple heirs or overlapping claims are involved.
Problematika Sertifikasi Tanah Wakaf Masjid Di Kecamatan Kabila Bone Dusa, Muslan K.; Faisal, Ahmad; Zainuddin, Asriadi
Al-Mizan (e-Journal) Vol. 21 No. 2 (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.v21i2.6865

Abstract

Waqf is a social act of worship that provides benefits to humanity, but it needs to be supported by certification to preserve its purpose. This article aims to identify and analyse the problems of certifying mosque waqf land in Kabila Bone Subdistrict. This research employs a descriptive qualitative approach in a field setting. The data sources comprise primary data collected through observation and interviews, as well as secondary data from statutory legislations, books, articles, and research results. The sample was determined through interviews using the purposeful sampling technique, employing a semi-structured interview model, with mosque administrators and the Religious Affairs Office in Kabila Bone Subdistrict. The results of the study indicate that the obstacles to implementing mosque land waqf certification in Kabila Bone Subdistrict are primarily due to a lack of coordination between mosque administrators and waqf donors (waqif), a limited understanding of the waqf certification mechanism, and incomplete administrative documents. Solutions to overcome these problems were implemented internally by the mosque administrators, who coordinated with the waqif and the Kabila Bone Subdistrict Religious Affairs Office, and externally by the Kabila Bone Subdistrict Religious Affairs Office through waqf socialisation.
Kedudukan Badan Keamanan Laut dalam Penegakan Hukum di Laut Yusuf, Hari Sugiharto; Sumardi, Juajir; Latif, Birkah
Al-Mizan (e-Journal) Vol. 19 No. 2 (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.v19i2.3757

Abstract

This research discusses the position of the Marine Security Agency in law enforcement at sea. This research uses a statutory approach and a historical approach. Descriptive qualitative analysis technique, namely by describing, explaining, describing, and describing primary legal materials and secondary legal materials following the problems closely related to this research, then drawing a conclusion based on the analysis that has been done. The results showed that the position of the Marine Security Agency (Bakamla) with fellow law enforcers at sea as a coordinator, but it does not eliminate the authority of other law enforcers. Bakamla is present to replace the function of the Marine Security Coordinating Agency (Bakorkamla) which was previously considered to fail in synergizing law enforcement at sea. Meanwhile, Bakamla's authority is to conduct instant pursuit, stop, inspect, arrest, bring ships, and hand over to related agencies. These authorities are authorities that are often found in the investigation process, but Bakamla as a law enforcer at sea, is not given the authority to conduct investigations. Bakamla's authority as an investigator is still waiting for the Omnibus Law on Marine Security which is currently being discussed in the House of Representatives.
Penegakan Hukum Terhadap Tindak Pidana Pencurian Hasil Hutan Bukan Kayu (Getah Pinus) di Kabupaten Tana Toraja Tandilese, Duwisno Ipang; Muchtar, Syamsuddin; Mirzana, Hijrah Adhyanti
Al-Mizan (e-Journal) Vol. 20 No. 1 (2024): 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.v20i1.3758

Abstract

This study aims to analyze law enforcement against theft of non-timber forest products (pine resin) in Tana Toraja and inhibiting factors in law enforcement. This research is normative-empirical research using a statutory approach, conceptual approach, and sociological enforcement with data sources in the form of observations, documentation, and interviews with the police, prosecutors, and judges who handle the case. The results of this study indicate that law enforcement against the crime of theft of forest products in Tana Toraja Regency substantially uses Law Number 41 of 1999 concerning Forestry, but structurally, law enforcers are still less effective in handling it. While the inhibiting factors affecting law enforcement, namely structurally, the police are still less effective in acting according to the mandate of the law, there are still unscrupulous officials who intervene in the taking of pine resin; and related facilities or facilities are not adequate in supporting the implementation of law enforcement against the crime of pine resin theft.
Penegakan Hukum Terhadap Pelaku Pengrusakan Objek Wisata Ke’te’ Kesu’ Toraja Utara Salamba, Yogistry Pakita; Riza, Marwati; Aspan, Zulkifli
Al-Mizan (e-Journal) Vol. 20 No. 1 (2024): 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.v20i1.3759

Abstract

This study aims to analyze the enforcement of sanctions against perpetrators of the destruction of tourist objects in Ke'te' Kesu' North Toraja. This research uses empirical legal research methods with a statutory approach. The results of this study indicate that the enforcement of sanctions against the perpetrators of the destruction of tourist objects in Ke'te' Kesu' North Toraja is still less effective and the case has not been followed up, despite having a Regional Regulation of North Toraja Regency Number 7 of 2016. There are several obstacles faced in the application of sanctions in law enforcement against perpetrators of destruction of tourist objects due to, among others: (1) the civil service police unit can’t apply criminal sanctions because it does not have an agreement from the Police, Prosecutor's Office, and the Court; (2) the budget is slow or even non-existent so that the civil service police unit can’t move in guarding every tourist who enters North Toraja, and (3) the lack of personnel of the civil service police unit, so that it does not reach every violation of the destruction of Ke'te Kesu' Toraja Utara tourist objects.
Kriminalisasi Trading in Influence dalam Tindak Pidana Korupsi Syahird, Ahmad; Marlin, Marlin
Al-Mizan (e-Journal) Vol. 19 No. 2 (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.v19i2.3894

Abstract

This research aims to find out the concept of trading in influence in the United Nations Convention Against Corruption (UNCAC) and to find out the urgency of criminalizing trading in influence in Indonesian legislation. This type of research is normative research with a statute approach and a conceptual approach. The results of this study show that the concept of trading in influence in UNCAC has differences with the crime of corruption in national legislation, such as in terms of perpetrators and arrangements. The absence of trading in influence regulation in the legislation is the urgency of the need for trading in influence in the future law (ius constituendum). The concept of trading in influence in UNCAC is similar to the offense of active-passive bribery by public officials, which is already regulated in the corruption law. However, it still differs in the recipient of the bribe, the setting, and the person involved. Meanwhile, the urgency of regulating trading in influence in national legislation is because corruption has become a problem for the international community and there is also a legal vacuum.

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