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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 258 Documents
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Urgensi Regulasi Hak Cipta Atas Produk Dari Generative Artificial Intelligence Dalam Menjamin Kepastian Bisnis Industri Kreatif Nurul Fazri Elfikri; Ramadhan Usman; Akbar Hidayatullah Daud; Nur Insani Aulia
Al-Mizan (e-Journal) Vol. 22 No. 1 (2026): 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.v22i1.7681

Abstract

The rapid development of generative artificial intelligence (AI) is significantly transforming the creative process across creative industries, while also presenting new challenges to copyright law. AI's capacity to produce artwork, music, writing, and designs that mimic human creations raises critical questions regarding authorship, ownership, and the economic rights associated with these outputs. This article examines the need to establish adaptable copyright regulations within the Indonesian legal framework to address the implications of generative AI. Utilizing a normative legal method that incorporates legislative, conceptual, and comparative analyses, the research evaluates national laws, legal doctrines, and international practices. Findings reveal that the existing Indonesian copyright law, which focuses on human creators, inadequately addresses the unique aspects of generative AI, resulting in legal uncertainty. Consequently, there is a pressing need to reformulate copyright laws to ensure legal clarity, protect creators' interests, and foster sustainable technological innovation.
Implementasi Prinsip Kepentingan Terbaik Anak Dalam Pertimbangan Hakim Pada Penetapan Asal-Usul Anak Luar Nikah: Studi Putusan Nomor 33/Pdt.P/2025/PA.Smn Khaerul Ma'arif; Ade Fita Nurani
Al-Mizan (e-Journal) Vol. 22 No. 1 (2026): 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.v22i1.7803

Abstract

This study examines the implementation of the best interests of the child principle in the determination of Judges Number 33/Pdt.P/2025/PA.Smn regarding the determination of the origin of children born out of wedlock. Using a normative juridical approach, this study analyzes whether the principle of the best interests of the child is truly the main ratio decidendi in the judge's consideration, not just a complement to the juridical-formal argument. The results of the analysis show that the judge's consideration has reflected some of the indicators of this principle, including the fulfillment of the child's identity rights through the inclusion of the biological father's name in the birth certificate, the protection of children from discrimination due to the actions of their parents by citing the principles of Nemo commodum capere potest de injuria sua propria and QS. al-An'am verse 164, the use of the maqashid al-shari'ah framework, especially hifzh al-nasl, as well as the reference to the Constitutional Court Decision Number 46/PUU-VIII/2010. However, the judge's consideration is still partial because it does not touch the dimensions of children's participation rights, assessment of parental parenting capacity, the psychosocial impact of children, and the implications of inheritance rights from the determination of fate, so that it has not made the best interests of the child a primary consideration that stands alone methodologically. This research contributes to the development of a more holistic standard of judicial consideration in cases of determining the origin of children in the Religious Courts.
Keadilan Restoratif dan Kepastian Hukum dalam Syarat Penghentian Penuntutan: Telaah Yuridis Peraturan Kejaksaan Nomor 15 Tahun 2020 Ismail Uno; Lion Hidjun; Siti Rahmawaty Igirisa
Al-Mizan (e-Journal) Vol. 22 No. 1 (2026): 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.v22i1.7938

Abstract

This study aims to analyze the legal requirements for the termination of prosecution based on restorative justice as stipulated in Article 5 of the Regulation of the Attorney General of the Republic of Indonesia Number 15 of 2020 and to examine its juridical implications for legal certainty within the Indonesian criminal justice system. This research employs a normative juridical method using both a statutory approach and a conceptual approach, supported by primary, secondary, and tertiary legal materials. The collected legal materials were analyzed qualitatively using a descriptive-analytical method focusing on the legal norms governing the termination of prosecution based on restorative justice. The findings indicate that Article 5 establishes both objective and subjective legal requirements that serve as normative limitations on the exercise of prosecutorial authority to terminate prosecutions under the restorative justice mechanism. Nevertheless, several provisions are formulated as open-textured legal norms without clear operational parameters, thereby failing to satisfy the principle of legal certainty fully. This condition gives rise to juridical implications, including the expansion of prosecutorial discretion and the potential for inconsistent interpretation in determining whether the legal requirements for the termination of prosecution have been fulfilled. Therefore, it is necessary to strengthen the formulation of these legal norms by establishing clearer, more measurable parameters and harmonizing the regulation with the national criminal procedural law framework to ensure greater legal certainty in the implementation of restorative justice-based termination of prosecution.
Kesenjangan Good Governance Dalam Pelayanan Administrasi Kependudukan: Studi Empiris di Kabupaten Bolaang Mongondow Tesri Paputungan; Darmawati Darmawati; Kingdom Makkulawuzar
Al-Mizan (e-Journal) Vol. 22 No. 1 (2026): 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.v22i1.7964

Abstract

This study examines the effectiveness of public services at the Population and Civil Registration Office (Disdukcapil) of Bolaang Mongondow Regency in realizing good governance, with a particular focus on accountability, transparency, and public participation as the three principal indicators. Employing an empirical legal research approach through in-depth interviews with nine informants comprising four government officials and five community members and analyzed through the lens of Soerjono Soekanto's legal effectiveness theory, the research reveals a significant structural gap between institutional claims and the lived experience of service recipients. Accountability has been operationalized through Service Level Agreements and systematic Standard Operating Procedures, yielding measurable improvements in compliance ratings from the Ombudsman. However, transparency remains critically deficient: despite multi-channel information dissemination through websites, social media, and village coordination networks, none of the five community participants reported accessing procedural information via these channels, and none reported receiving procedural information via those channels prior to their visit to the office. Participation in similarly nominal formal complaint mechanisms, including SP4N-LAPOR and suggestion boxes, exists on paper, yet all community respondents stated they had never been involved in service evaluation or consulted on service standards. Three structural inhibitors are identified: inconsistency in law enforcement apparatus behavior; inadequate physical and technological infrastructure, including a single-unit ID card printer and unstable internet connectivity; and deeply entrenched cultural factors, manifested in the persistent use of brokers (calo) and low civil registration compliance, particularly in marriage recording. These findings contribute to an analytical framework for evaluating the effectiveness of local government public services within decentralized governance contexts in Indonesia
Melampaui Cedera Fisik: Kehamilan pada Anak sebagai Bentuk Kerusakan Reproduksi dalam Kejahatan Seksual terhadap Anak Frilia Shafitri Hardi; Nurini Aprilianda; Faizin Sulistio
Al-Mizan (e-Journal) Vol. 22 No. 2 (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.v22i2.7819

Abstract

Pregnancy in children who are victims of sexual assault is a serious disruption to reproductive function because the child's body is not yet biologically and physiologically mature enough to undergo the process of pregnancy. The immaturity of the reproductive organs, including the endocrine system, pelvis, and uterus, puts the child at high risk of medical complications such as pre-eclampsia, hemorrhage, obstructed labor, obstetric fistula, and even the potential for long-term infertility. From a victimological viewpoint, pregnancy is not merely a direct result of sexual violence; it also prolongs victimization due to the loss of bodily autonomy, various psychological traumas, and the risk of secondary victimization stemming from social stigma. This research investigates child pregnancy as a sign of reproductive dysfunction or disorder as defined in Article 81, Paragraph (5) of the Child Protection Law. The study employs a normative-legal approach, analyzing legal texts, court decisions, and academic literature. The findings indicate that child pregnancy is a form of reproductive disorder, which is legally classified as a disturbance or reduction in reproductive capacity, thus providing grounds for harsher penalties. A rethinking of legal understanding is essential to recognize child pregnancy not just as a biological consequence, but as a reproductive loss that jeopardizes the safety, dignity, and future of the child, in line with the child’s best interests.
Isu Pembubaran Dewan Perwakilan Rakyat Perspektif Hukum Tata Negara dan Hukum Islam tentang Keseimbangan Kekuasaan Devia Dwi Natasha; Retanisa Rizqi; Aziza Aziz Rahmaningsih
Al-Mizan (e-Journal) Vol. 22 No. 2 (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.v22i2.7828

Abstract

his research is motivated by the growing public trust crisis toward the Indonesian House of Representatives (DPR) in 2025, which culminated in discourse surrounding the dissolution of the legislative body; an issue that has never been comprehensively examined in Indonesian constitutional law literature and therefore demands urgent scholarly attention. This study aims to analyze the factors underlying the DPR's legitimacy crisis through two theoretical frameworks: David Beetham's legitimacy theory, encompassing the dimensions of legality, normative justification, and public consent, as well as the principles of fiqh siyasah, namely syura (deliberation), amanah (accountability), and hisbah (socio-political oversight), employing a juridical-normative and prescriptive analytical method through library research and documentation. The primary legal materials used include the 1945 Constitution of the Republic of Indonesia, the Law on the People's Consultative Assembly, House of Representatives, and Regional House of Representatives (MD3 Law), and the Qur'an as the primary reference for fiqh siyasah analysis, supported by secondary legal materials comprising legal textbooks, scholarly journals, academic articles, and classical texts related to the principles of syura, amanah, and hisbah, as well as tertiary legal materials in the form of legal dictionaries and language dictionaries. The findings indicate that the crisis stems from the DPR's failure to effectively carry out its legislative, oversight, and budgetary functions, compounded by public dissatisfaction with an institution perceived as insensitive to the hardships faced by the people, and that Article 7C of the 1945 Constitution constitutionally prohibits the dissolution of the DPR, meaning that the restoration of legitimacy can only be pursued through institutional reform and constitutional amendment driven by the will of the people. This research contributes by offering a constitutional legitimacy model that integrates Beetham's theory with the principles of fiqh siyasah as a normative framework to strengthen the checks and balances mechanism and restore public trust in Indonesia's legislative institution.
Hak Konstitusional Penyandang Disabilitas Dalam Pemilihan Umum: Analisis Pengawasan Administratif Pada Pemilu 2019 Di Kota Gorontalo Alvian Mato; Siti Rahmawaty Igirisa
Al-Mizan (e-Journal) Vol. 22 No. 2 (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.v22i2.7937

Abstract

This study analyzes the protection of the constitutional rights of persons with disabilities in the 2019 General Election in Gorontalo City through the perspective of administrative supervision. The research focuses on the role of the General Election Supervisory Agency (Bawaslu) in ensuring that electoral administration processes comply with legal provisions. Using an empirical juridical approach, this study examines supervisory practices across voter data updating, election socialization, polling station accessibility, and voting processes. Data were collected through interviews, observation, and documentation, and analyzed qualitatively. The findings indicate that administrative supervision was conducted in accordance with the regulatory framework of Bawaslu Regulation Number 21 of 2018 and was implemented across all electoral stages. However, several obstacles were identified, including the lack of continuous updating of disability voter data and limited accessibility factors affecting voter turnout. Although supervisory mechanisms functioned effectively in ensuring procedural compliance, they have not fully guaranteed the optimal fulfillment of constitutional rights of persons with disabilities in practice.
Efektivitas Kewenangan Jaksa Pengacara Negara di Kejaksaan Negeri Lampung Timur dalam Penyelesaian Sengketa Perdata Nonlitigasi Yeni Puspitasari; Choirul Salim
Al-Mizan (e-Journal) Vol. 22 No. 2 (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.v22i2.7940

Abstract

The authority of the State Attorney (Jaksa Pengacara Negara/JPN) in resolving civil disputes through non-litigation mechanisms is part of the Attorney General’s Office function in the field of Civil and State Administrative Law from the perspective of Administrative Law. This authority is based on Article 30, paragraph (2) of Law Number 11 of 2021, which provides the legal basis for the Prosecutor’s Office to represent the state or government, both inside and outside the court, through a layered basis of institutional attribution, delegation via a Special Power of Attorney, and individual assignment. In practice at the Lampung Timur District Prosecutor’s Office, the implementation of non-litigation authority through an eight-stage procedure, from application to negotiation, mediation, and settlement, has not been optimal due to low compliance by disputing parties and the absence of enforceable authority over settlement agreements. This study aims to analyze the basis and implementation of the JPN authority, measure its effectiveness in handling BPJS Kesehatan default cases, and identify the juridical and non-juridical factors that affect it. The novelty of this research lies in its empirical analysis of JPN’s non-litigation authority by integrating juridical and non-juridical factors that influence the low success rate of dispute resolution, particularly in BPJS Kesehatan default cases at the Lampung Timur District Prosecutor’s Office. This research employs the theory of authority and the theory of legal effectiveness using an empirical juridical method with statutory and field approaches. Primary data were obtained through interviews with State Attorneys, while secondary data were collected from legislation, literature, academic journals, and official prosecutorial documents. The findings show that of 119 non-litigation cases handled in 2025, only 26.9 percent were successfully resolved, as settlement agreements still lack binding executorial force and are further hindered by non-juridical factors such as low attendance, limited coordination, and the financial capacity of the disputing parties; the study accordingly proposes strengthening the legal status of settlement agreements and institutional capacity to improve future effectiveness.

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