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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 250 Documents
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Penundaan Pelaksanaan Hak Suami Istri Pasca Akad Dalam Kawing Soro’ Pada Masyarakat Bugis Wajo Perspektif Sosiologi Hukum Islam Fitriyani, Fitriyani; Akram, Muhammad Rafi'i Ali; Arman, Arman
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.v21i2.6876

Abstract

Kawing soro’ is a customary marital practice of the Bugis community in Sajoanging District, Wajo Regency, in which the marriage contract is carried out prior to the traditional wedding reception. This arrangement results in a deliberate postponement of marital rights and obligations after the contract, including restrictions on cohabitation, sexual relations, and physical proximity until the customary ceremony is completed. This study aims to describe the pattern of deferred marital rights within the kawing soro’ tradition and to analyze it from an Islamic legal perspective. The research employs a qualitative field approach complemented by a Islamic law sociology framework. Data were collected through interviews with community leaders, religious figures, traditional practitioners, and married couples, as well as through library research. The data were analyzed descriptively and analytically by correlating empirical findings with Islamic legal principles.The findings indicate that the postponement of marital rights in kawing soro’ is not solely grounded in the concept of siri’ (family honor), but is also influenced by the widespread twin marriage myth, which holds that sexual relations before the traditional reception may bring misfortune, as well as by social-status considerations and economic readiness of the families involved. In Islamic law, however, once the marriage contract is valid, the couple attains full rights to cohabit and engage in lawful marital relations, without the obligation to wait for the reception. Thus, the practice of kawing soro’ is more strongly rooted in local custom and cultural belief than in Islamic jurisprudence. These findings illustrate a normative tension between adat and Sharia, highlighting the need for balanced cultural education so that customary values can coexist with Islamic legal principles, ensuring the fulfillment of marital rights as prescribed by the Sharia.
Pergeseran Paradigma Pemidanaan Indonesia: Implikasi Normatif dan Tantangan Implementasi Keadilan Restoratif dalam KUHP Nasional 2026 Elmarianti, Elmarianti; Aulia, Nur Insani
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.v21i2.7131

Abstract

This study discusses the paradigm shift in criminal punishment in the 2026 National Criminal Code as well as the normative implications and implementation challenges of the concept of restorative justice in the Indonesian criminal justice system ahead of its enactment in 2026.. This paradigm shift represents a fundamental transformation from a retributive approach, focused on punishing offenders toward a restorative approach that emphasizes the restoration of social relationships among offenders, victims, and the community. Normatively, the 2026 National Criminal Code introduces new provisions on conditional punishment, probationary sanctions, and case settlements through reconciliation, all of which reflect humanitarian and social justice values as embodied in Pancasila. This research employs a normative juridical method with statutory and conceptual approaches to analyze the substance of these changes and their legal implications. The findings indicate that although the restorative justice paradigm provides a new direction toward a more humanistic criminal law system, its implementation faces several challenges, including the readiness of law enforcement institutions, resistance rooted in a repressive legal culture, and the need for more operational derivative regulations. Therefore, the enforcement of the 2026 National Criminal Code serves as a crucial momentum for reforming Indonesia’s criminal law to ensure not only legal certainty but also substantive justice and social benefit for Indonesian society.
Implementasi Undang-Undang Nomor 3 Tahun 2020 Terhadap Tata Kelola dan Kepastian Hukum Pertambangan Emas Skala Kecil dan Tradisional di Kabupaten Bone Bolango Hidjun, Lion; Mato, Alvian; Uno, Ismail
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.v21i2.7247

Abstract

Artisanal and Small-Scale Gold Mining (ASGM) continues to take place outside the official licensing system and standardised management. This study aims to analyse the governance and legal certainty of small-scale mining based Law No. 3 of 2020 concerning Amendments to Law No. 4 of 2009 concerning Mineral and Coal Mining, and Government Regulation No. 96 of 2021 concerning the Implementation of Mineral and Coal Mining Business Activities, as well as to examine the gap between legal norms and their implementation at the regional level. This study uses a normative-empirical method utilising secondary data in the form of literature studies. The results show that the main problem with small-scale mining is not the absence of regulations, but rather the weak capacity of regional institutions, poor coordination between levels of government, the suboptimal designation of Small-Scale Mining Areas (WPR), and limited supervision and technical guidance. These conditions have led to the proliferation of small-scale gold mining without permits, high exposure to mercury in water and sediments, a decline in environmental quality, and increased occupational safety and health risks for miners. Thus, coordination and cooperation between the mining community and the government in these activities is necessary.
Menilik Efektivitas Mediasi dan Tantangan Mewujudkan Keadilan Substantif di Pengadilan Agama Metro Meisa Hidayah; Elfa Murdi ana; Nyimas Lidya Putri Pertiwi
Al-Mizan (e-Journal) Vol. 22 No. 1 (2026): Al-Mizan (e-Journal) (in press)
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.v22i1.7192

Abstract

This study examines the persistent failure of court-annexed mediation in the Religious Court of Metro, where only 34 out of 505 mediated cases in 2024 reached an agreement. Although mediation is mandated under Supreme Court Regulation No. 1 of 2016 as a strategic mechanism to promote peaceful, efficient, and substantive dispute resolution, its practical implementation often falls short of these ideals. The research addresses a key gap in existing scholarship, which has predominantly focused on procedural obstacles and the general causes of mediation failure, but rarely on the strategic role of judge-mediators in realizing substantive justice within the socio-psychological dynamics of divorce disputes. Using a qualitative field method, data were collected through in-depth interviews with certified judge-mediators and disputing parties, complemented by document analysis. The findings reveal that mediation failures stem from external interventions, the parties’ emotional instability, limited mediator competence, and a tendency toward formalistic mediation practices. Conversely, successful mediations rely on strategic judge interventions, including cultural-religious approaches, facilitative dialogue, and the reinforcement of good faith. The study recommends strengthening mediator training, enhancing institutional support, and integrating culturally sensitive strategies to ensure that mediation functions not merely as a procedural requirement but as a genuine avenue for substantive justice.
Dampak Perkawinan Dibawah Tangan Terhadap Akses Pemenuhan Hak Anak Eka Widiawati; Elfa Murdiana; Hud Leo Perkasa Maki
Al-Mizan (e-Journal) Vol. 22 No. 1 (2026): Al-Mizan (e-Journal) (in press)
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.v22i1.7231

Abstract

Unregistered marriages remain prevalent in several rural areas in Indonesia, despite the implementation of mandatory marriage registration regulations. Previous studies have generally focused on the legal validity aspects of such marriages, while empirical research examining their impact on children’s access to rights at the local level remains limited. This study aims to fill this gap by analyzing the driving factors and impacts of unofficial marriages on the fulfillment of children’s rights in Wonosari Village, Mesuji Timur District, Mesuji Regency. This research is a field study employing a descriptive qualitative approach. Data were collected through in-depth interviews, direct observation, and document analysis involving couples in unofficial marriages, parents, community leaders, and local government officials. The findings reveal that economic vulnerability, premarital sexual activity, and environmental and family pressure are the primary factors driving the occurrence of unofficial marriages. Children born from such unions face significant obstacles in obtaining legal identity documents, accessing formal education, and securing adequate legal protection. This situation places both children and women in a socially and juridically vulnerable position. While these unofficial marriages are considered religiously valid, they lack legal force. This study provides an empirical contribution by presenting local evidence regarding the linkage between unofficial marriages and the fulfillment of children’s rights. Consequently, it underscores the importance of policy interventions, including simplifying marriage registration procedures, improving access to civil registration services, and strengthening collaboration among the government, religious institutions, and community stakeholders in protecting children’s rights.
Hak-Hak Penyandang Disabilitas dalam Pemilu Indonesia: Tinjauan Kritis Kesenjangan Normatif-Praktis dalam Undang-Undang Nomor 7 Tahun 2017 Orleta J. W. Helniha; Krisman Wilhelmus; M. Firman Mustika
Al-Mizan (e-Journal) Vol. 22 No. 1 (2026): Al-Mizan (e-Journal) (in press)
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.v22i1.7049

Abstract

Law Number 7 of 2017 concerning General Elections is one of the crucial regulations in Indonesia’s electoral system. Article 5 of this law emphasizes the principles of equality and non-discrimination, including those related to the political rights of persons with disabilities. Although normatively regulated, Article 5 has not yet been effectively implemented, according to various reports. Given this reality, this study aims to examine the implementation of Article 5 of the Election Law regarding the fulfillment of political rights for persons with disabilities as a manifestation of social justice. This research employs a literature study method with a qualitative approach. The findings recommend several strategic measures for future election administration, namely: standardization of accessible polling stations (TPS) for persons with disabilities, development of a voter registration information system for persons with disabilities, capacity building for Voting Organizer Group (KPPS) officers, provision of special services at polling stations, and optimization of supervisory services by the Election Supervisory Agency (Bawaslu).
Reinterpretasi Wali Adhal oleh Hakim Pengadilan Agama Metro dalam Penetapan Nomor 13/Pdt.P/2025/PA.Mt Siti Setia Ningsih; Nency Dela Oktora
Al-Mizan (e-Journal) Vol. 22 No. 1 (2026): Al-Mizan (e-Journal) (in press)
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.v22i1.7116

Abstract

This study analyzes the reinterpretation of the obstinate guardian (wali adhal) in the context of legal pluralism, with reference to the Number 13/Pdt.P/2025/PA.Mt at the Metro Religious Court, where his brother, as a guardian, refused to marry his younger sister who was Muslim. The purpose of this study is to formulate a reinterpretation of wali adhal that accommodates the two legal systems within the framework of rechtsvinding (legal discovery). Using empirical legal methods with a qualitative approach through the study of determination documents, in-depth interviews with judges, and customary stakeholders. The results of the study show that the judge reinterpreted wali adhal from a textual-procedural approach to a substantive-teleological approach by operationalizing maqashid al-sharia, hifzh an-nasl (protection of lineage and dignity), and sadd al-dzari’ah (closure of the path of damage). Judges apply rechtsvinding by integrating the principles of non-discrimination and gender equality, establishing guardianship as a legal solutions that protect women’s rights. The judge positioned Islamic law as the primary legal framework, customary law as a cultural consideration, and human rights as a constitutional safeguard in resolving normative conflicts. This research provides a theoretical contribution in the form of an analytical framework of legal pluralism in the jurisprudence of wali adhal, as well as a practical contribution in the form of a foundation for religious courts in handling similar cases in plural areas.
Stagnasi Pemilu Orde Lama, Orde Baru, dan Orde Reformasi dalam Ketatanegaraan Indonesia Menuju Pemilu Ideal Julman Hente; Siti Fatimah
Al-Mizan (e-Journal) Vol. 22 No. 1 (2026): Al-Mizan (e-Journal) (in press)
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.v22i1.5795

Abstract

This study examines the dynamics and stagnation of elections in Indonesia across three major political eras, the Old Order, the New Order, and the Reform Era, from a constitutional law perspective in pursuit of an ideal electoral system. Employing a normative legal research method with statutory, historical, and philosophical approaches, this study identifies that each era left distinct yet interconnected patterns of electoral stagnation. During the Old Order, the 1955 General Election was recognized as the most democratic, with a voter turnout of 91.54%; however, a multi-party system lacking adequate consolidation mechanisms led to severe political fragmentation, ultimately culminating in the imposition of Guided Democracy. During the New Order, six consecutive elections were held from 1971 to 1997. Still, they were democratically hollow, as Golkar consistently won through systematic manipulation that reduced elections to mere instruments of power legitimation. The Reform Era introduced political liberalization and strengthened independent electoral institutions. Yet, new forms of stagnation emerged: oligarchic dominance, rampant money politics, and alleged electoral fraud that continued to undermine electoral integrity through the 2024 General Election. This study concludes that achieving an ideal election requires systemic reformulation encompassing the constitutional strengthening of electoral institution independence, equitable redesign of the electoral system, transparent campaign finance oversight, bureaucratic neutrality, and enhanced civic and political education, so that elections not only fulfill the procedural principles of direct, general, free, secret, honest, and fair voting, but also effectively produce accountable representatives who genuinely reflect the substantive sovereignty of the people.
Implikasi Isbat Nikah Terhadap Pemulihan Status Sosial Pada Praktik Pernikahan Anak Tidak Tercatat di Desa Banjarsari Della Marchellina S.; Wahyu Abdul Jafar; Nency Dela Oktora; Seja Riyandani
Al-Mizan (e-Journal) Vol. 22 No. 1 (2026): Al-Mizan (e-Journal) (in press)
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.v22i1.7576

Abstract

Child marriage remains a persistent issue in Indonesia despite the enactment of Law Number 16 of 2019, which sets the minimum marriage age at 19 years. Previous studies have predominantly focused on the legal status of unregistered marriage and child protection issues, while limited attention has been given to the role of isbat nikah in restoring the social status of families involved in underage unregistered marriages. This study aims to analyze the implications of isbat nikah on social reintegration within rural communities, particularly in Banjarsari Village. This research employs a qualitative case study approach, using interviews, observations, and documentation with families who obtained marriage ratification (isbat nikah) decisions and with village officials. The findings reveal that isbat nikah functions not only as a legal mechanism for administrative recognition but also as an instrument of social reintegration. Legal recognition through court decisions reduces social stigma, strengthens community acceptance, and improves access to civil administration and public services. The study highlights the novelty of viewing isbat nikah not merely as a formal legal procedure but as a socio-legal instrument that restores both legal and social status for families affected by child marriage practices.
Ketika Korban Menjadi Terdakwa: Analisis Yuridis Pemenuhan Unsur Noodweer dalam Perkara Nomor 70/Pid/B/2024/PN.Lbo dan 133/Pid.B/2024/PN.Lbo Tiara Aulia Syam; Warsito Kasim; Suslianto Suslianto
Al-Mizan (e-Journal) Vol. 22 No. 1 (2026): Al-Mizan (e-Journal) (in press)
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.v22i1.7707

Abstract

The necessity defense (noodweer) constitutes a ground for excluding criminal liability that legitimizes defensive acts against unlawful attacks. Although codified under Article 49 of the Penal Code and reaffirmed in Articles 34–35 of Law No. 1 of 2023 on the National Criminal Code, its judicial application remains inconsistent in practice. This study examines Case No. 133/Pid.B/2024/PN.Lbo, in which the defendant had been judicially recognized as a victim in the prior Decision No. 70/Pid.B/2024/PN.Lbo, yet whose noodweer claim was nonetheless rejected. Employing a normative-empirical approach through doctrinal analysis, case study, and interviews with judges and advocates at the Limboto District Court, this study finds that the adjudicating panel confined its reasoning to the formal elements of assault under Article 351(1) of the Penal Code, without conducting a cumulative doctrinal assessment of subsidiarity, proportionality, and culpa in causa. The panel further characterized the incident as a mutual fight, thereby negating the defendants' defensive posture. This study argues that noodweer claims must be evaluated cumulatively and contextually to guarantee legal certainty and substantive justice.

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