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AL-Daulah
Published by Universitas Islam Negeri Alauddin Makassar
ISSN : 2303050x     EISSN : 25805797     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan (Al-Daulah : Journal of Criminal Law and Constitution) focuses on areas in Islamic Criminal and Constitution Law.
Arjuna Subject : -
Articles 256 Documents
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Reclaiming Agrarian Justice: The Reformative Potential of Islamic Land Law through Maqāṣid al-Sharia Ahmad Syafi'i SJ; Putri Ayu, Diyan; Anuar Nordin, Shah Rul; Abubakar , Fatum; Bin Borham, Abd Shakor
Al-Daulah : Journal of Criminal Law and State Administration Law Vol 14 No 1 (2025): (June)
Publisher : Jurusan Hukum Tatanegara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-daulah.v14i1.58764

Abstract

Research Objective: This study explores the reformative potential of Islamic agrarian law, focusing on land tenure institutions such as ḥimā (protected area) and iqṭā’ (fief). It challenges the notion that Islamic law is fixed, investigating how its historical evolution can inform responses to modern socio-ecological challenges. Research Method: A qualitative historical-legal method is employed, drawing from classical jurisprudence, historical records, and contemporary scholarship across various Islamic legal schools. The analysis is conducted through the lens of Maqāṣid al-Sharia, emphasizing normative objectives. Results: The study uncovers that Islamic agrarian law is inherently dynamic. Historical data demonstrate that institutions like ḥimā and iqṭā’ have undergone reinterpretation and transformation to accommodate evolving governance, environmental needs, and societal demands. Findings and Implications: Key findings show that Islamic land laws emphasize justice, sustainability, and public welfare. Institutions have been used to promote ecological conservation and equitable resource distribution. These insights support the revitalization of Islamic land frameworks for inclusive and ethical land reform in the modern Muslim context. Conclusion: Islamic legal tradition contains inherent pluralism and flexibility, capable of integrating local customs and socio-economic realities. This adaptive capacity enhances its relevance for contemporary agrarian issues. Contribution: The study contributes a conceptual and normative foundation for reimagining Islamic land tenure models within modern governance, offering pathways to sustainable and just agrarian reform. Limitations and Suggestions: As a primarily conceptual and historical inquiry, this research encourages future empirical studies to test the implementation and policy impact of these legal principles in present-day land governance systems.
PERAN BPK DALAM PENGAWASAN PREVENTIF TERHADAP DANA KOPERASI MERAH PUTIH BERDASARKAN INPRES NOMOR 9 TAHUN 2025 Mayolla Octavia; W Riawan Tjandra
Al-Daulah : Journal of Criminal Law and State Administration Law Vol 14 No 2 (2025): (December)
Publisher : Jurusan Hukum Tatanegara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-daulah.v14i2.57614

Abstract

Research Objective: This article examines the accountability paradox of using public funds to finance community-based cooperatives in Indonesia. It focuses on the role and limitations of supreme audit institutions (SAIs), particularly the Audit Board of the Republic of Indonesia (BPK), in overseeing the Koperasi Merah Putih programme, as established by Presidential Instruction No. 9 of 2025. Research Method: The study uses a normative juridical approach, relying on constitutional analysis, legal interpretation, and comparative institutional analysis. It reviews Indonesia’s legal framework and compares it with similar programmes in India, the Philippines, Kenya, and Brazil. Results: The study finds BPK has clear constitutional authority under Article 23E of the 1945 Constitution and Law No. 15 of 2006 to audit state-funded cooperatives. However, this authority is weakened by the non-regulatory nature of presidential instructions and the lack of detailed technical accountability rules. Four main structural problems emerge: limited audit access to non-governmental entities, insufficient audit capacity compared to programme size, fragmented digital financial reporting, and independence pressures arising from high-profile political programmes. Findings and Implications: The accountability paradox shows a mismatch between public financial management systems and the decentralized nature of cooperatives. This challenge is not unique to Indonesia but is shared by SAIs across the Global South. Conclusion: Solving the accountability paradox requires reforms beyond BPK’s capacity, including new technical regulations, stronger inter-agency supervision, and integration of e-audit systems for cooperative financial reporting. Contribution: The article introduces the accountability paradox as a framework for SAI governance challenges in state-directed cooperative funding, and proposes a legally grounded reform agenda relevant to similar programmes globally. Limitations and Suggestions: As a normative study, it does not include field data. Future research should add qualitative fieldwork on BPK audit practices and village-level cooperative financial management to test and expand the proposed framework.
Financial Support Between Spouses: An Analytical Study of the Principles of Kind Treatment and Rights and Duties Mohammed Hasan, Baidar Mohammed; Wan Ismail, Wan Abdul Fattah; Abdul Rab, Muneer Ali; Hashim, Hasnizam
Al-Daulah : Journal of Criminal Law and State Administration Law Vol 14 No 2 (2025): (December)
Publisher : Jurusan Hukum Tatanegara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-daulah.v14i2.54879

Abstract

This study explores the concept of "financial support between spouses" from a legal and ethical perspective, emphasizing the importance of mutual kindness and the reciprocal rights and duties between spouses. The study aims to analyze how these principles affect family relationships and stability, highlighting that financial support is a fundamental part of mutual kindness. It employs an analytical methodology to review the legal and religious evidence related to spousal maintenance, demonstrating how adherence to financial rights and duties enhances cooperation and integration between spouses. Additionally, it underscores the importance of raising awareness about mutual kindness and support to strengthen family bonds and build a cohesive society. The study concludes that achieving financial support between spouses requires a deep understanding of mutual kindness, rights, and duties, which contributes to family stability.
Implikasi UU Desa 2014 terhadap Tata Kelola dan Partisipasi Demokrasi Dwi Pangestu, Rizki; Sumirat, Iin Ratna
Al-Daulah : Journal of Criminal Law and State Administration Law Vol 14 No 2 (2025): (December)
Publisher : Jurusan Hukum Tatanegara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-daulah.v14i2.57256

Abstract

Research Objective: This study examines the effects of Law Number 6 of 2014 concerning Village Governance (the Village Law) on democratic perceptions and civic participation in Rahong Village, Malingping District, Lebak Regency, West Java Province. Research Method: Employing an empirical juridical approach within a qualitative research design, the study draws on primary data from semi-structured interviews with village officials, community leaders, and residents, supplemented by direct observation and document analysis. Results: The Village Law has positively reshaped citizens’ perceptions of the quality of local governance and established formal institutional channels for broader community participation in planning and decision-making. Findings and Implications: Implementation remains constrained by limited administrative capacity, insufficient transparency in budget management, accountability deficits, and uneven civic awareness, resulting in a participation gap between the law’s normative aspirations and observable democratic practice. Conclusion: While the Village Law has advanced grassroots democracy by devolving substantial authority to local communities, its full democratic potential remains unrealized due to persistent structural and capacity-related challenges. Contribution: This study provides original empirical evidence to scholarship on decentralization, democratic deepening, and the governance-participation nexus in rural Indonesia, with concrete implications for policy actions aimed at reinforcing village-level democracy. Limitations and Suggestions: The study is limited to a single-village context, which may limit generalizability. Future research should expand to multiple villages or districts and employ mixed-methods approaches to further validate and broaden these findings.
EFEKTIVITAS RESTITUSI KERUGIAN NEGARA DALAM TINDAK PIDANA KORUPSI DI BUMN BERBASIS KEMANFAATAN Laila Mauluda Tunnisa; Usman, Ummi Farhah
Al-Daulah : Journal of Criminal Law and State Administration Law Vol 14 No 2 (2025): (December)
Publisher : Jurusan Hukum Tatanegara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-daulah.v14i2.57619

Abstract

Research Objective: This study analyzes the effectiveness of state loss restitution in State-Owned Enterprise (SOE) corruption cases in Indonesia, employing utilitarian justice theory to diagnose barriers impeding asset recovery and to formulate a comprehensive utility-based reform framework. Research Method: An empirical juridical methodology with a descriptive-analytical qualitative approach was adopted, drawing upon court decisions, statutory instruments, institutional reports, and comparative international data from 212 SOE corruption cases documented by Indonesia Corruption Watch (ICW) between 2016 and 2023. Results: Aggregate state losses reached IDR 64 trillion (approximately USD 4 billion), yet asset recovery averaged merely 10.1% annually, well below international benchmarks, revealing five interconnected systemic failure dimensions. Findings and Implications: The identified failures encompass normative gaps in Article 18 of the Anti-Corruption Law, compounded by Law No. 1 of 2025 on SOEs; fragmented institutional coordination; weak digital forensic capacity; inadequate whistleblower protection; and the absence of non-conviction-based asset forfeiture mechanisms. These findings carry implications beyond Indonesia, extending to emerging-economy jurisdictions facing analogous SOE governance challenges. Conclusion: Ineffective restitution reflects systemic failure rooted in regulatory deficiencies, inter-institutional discoordination, and the absence of adequate legal instruments, necessitating a comprehensive, coordinated multi-pillar reform approach. Contribution: This study advances a utility-based restitution framework that repositions asset recovery as a social welfare instrument rather than mere fiscal accounting, encompassing regulatory reconstitution, establishment of an Asset Recovery Agency, blockchain-integrated monitoring, strengthened international mutual legal assistance, and public-benefit earmarking of recovered assets. Limitations and Suggestions: Reliance on publicly available documents potentially omits undocumented cases, while the qualitative approach limits statistical generalizability. Future research should pursue cross-country empirical comparisons, concrete blockchain-based monitoring pilots, and a systematic evaluation of the effects of Law No. 1 of 2025 on anti-corruption governance.
A Measuring Justice and Child Protection: A Juridical Study of Marriage Dispensation After the Enactment of Law Number 16 of 2019 Bambang Hariyanto, Vivi Novita Yulambangsari
Al-Daulah : Journal of Criminal Law and State Administration Law Vol 14 No 2 (2025): (December)
Publisher : Jurusan Hukum Tatanegara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-daulah.v14i2.64136

Abstract

Research Objective: This study evaluates the normative framework governing marriage dispensation in Indonesia after Law Number 16 of 2019 raised the minimum marriage age to 19 for both sexes, and assesses the adequacy of judicial reasoning in relation to the best interests of the child standard. Research Method: A normative juridical (doctrinal) design was employed, drawing on statutory and conceptual approaches. Primary materials include Law Number 16 of 2019, Law Number 35 of 2014, PERMA Number 5 of 2019, and religious court decisions. Secondary materials were drawn from peer-reviewed journals in Google Scholar and SINTA (2010–2025). Results: Dispensation applications surged by over 177%, from approximately 23,000 (2018) to 64,000 (2020), indicating that the reform redirected rather than reduced child marriage through formal channels. Judicial reasoning predominantly prioritizes premarital pregnancy over the child’s long-term welfare, falling short of the holistic standard required by PERMA Number 5 of 2019 and CRC General Comment No. 14. Findings and Implications: The dispensation mechanism operates as a legitimizing instrument rather than an exceptional safeguard. Unregistered marriages (nikah siri) leave children legally unprotected, exposing a systemic gap unreachable by judicial reform alone. Conclusion: Law Number 16 of 2019 has not achieved its protective purpose. Realizing its promise requires coordinated judicial, executive, and civil society reform grounded in the substantive application of the best interests of the child. Contribution: This study integrates maqāṣid al-sharī‘ah analysis with statutory child protection standards, offering a multi-framework evaluation and institutional reform proposals across five key actors. Limitations and Suggestions: As a doctrinal study, this study does not capture empirical data on judges’ attitudes and applicants’ profiles. Future research should employ mixed-methods approaches to examine judicial decision-making patterns and the effectiveness of community-based interventions.

Page 26 of 26 | Total Record : 256

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