Al-'Adl
ISSN : 19794916     EISSN : 26155540
Jurnal Al-'Adl merupakan Jurnal Ilmiah yang diterbitkan oleh Fakultas Syariah IAIN Kendari. Al-'Adl secara spesifik mempublikasikan tulisan ilmiah baik naskah ilmiah maupun hasil penelitian yang berorientasi pada masalah hukum Islam dan pranata sosial serta kajian keislaman lainnya.
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Search results for , issue " Vol 10, No 1 (2017): Al-Adl" : 10 Documents clear
Telaah terhadap Undang-Undang Pornografi Perspektif Hukum Islam Abbas, Abdul Haris
Al-Adl Vol 10, No 1 (2017): Al-Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

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Abstract

This paper reviews pornography laws in the study of Islamic law, even though their enactment has gained a lot of resistance and through a long process. From the review of Law no. 44 Year 2008 About Pornography, it is actually a formal and material element (legal material), has been very good and comprehensive enough to be used in preventing the occurrence of pornography and pornoaction, but in its implementation is still considered less effective because there are still some weaknesses both technical, Or juridical. Therefore it is necessary to propose to be revised in accordance with the findings in this paper.In the Quran requires thecreation of the benefit of the world and the hereafter for all humanity. Therefore, all manner of attitudes and actions that can lead a person to the destruction of human life are forbidden. Pornography and porno-action with its various forms are prohibited, such as adultery, opening aurat, saying or behaving in an arrogant manner expressly prohibited by Allah. Moreover, very negative impact because it can cause cases of rape, harassment, adultery, abortion, moral and moral damage, especially in children, and destroy the joints of community life, of course this is contrary to the objectives of Islamic law.
Kemandirian dan Kemerdekaan Kekuasaan Kehakiman Akbar, Muhammad
Al-Adl Vol 10, No 1 (2017): Al-Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

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Abstract

The freedom of judges based on the independence of judicial power in Indonesia is guaranteed in the constitution of Indonesia, namely the Constitution of the Republic of I1945, which is further implemented in Law No. 48 of 2009 on the Judicial Power Law. In essence, the duties of judges in law enforcement, particularly in re-enforcing laws that have been violated by the parties or suspects / defendants may proceed well and smoothly if the spirit of the violated legislation reflects a sense of justice in society. Or in other words, that the task of the judge in enforcing the law will not encounter significant obstacles if the existing legislation conforms to the feelings of law and the values of justice that live and thrive in society. Conversely, if the legislations that have been violated are no longer relevant to reality in society, the judge will have difficulty in reestablishing them. If the judge imposes himself to apply the rule to concrete events, it is likely that the creation of injustice Independence shall be construed as free from the influence of the executive or any other State Power and freedom from coercion, directive or recommendation coming from extra judicially parties except in Matters permitted by law.
Peran LBH Kampus di PTKIN dalam Bantuan Hukum terhadap Masyarakat Miskin Hariyanto, Hariyanto
Al-Adl Vol 10, No 1 (2017): Al-Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

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Abstract

This study sought to determine the role of two legal aid institutions both based campus in an effort to help the poor in the field of legal assistance in litigation and non litigai. The study covered include the role of LPKBHI IAIN Walisongo and LKBH STAIN Purwokerto, procedures for handling cases in LPKBHI IAIN Walisongo and LKBH STAIN Purwokerto, constraints faced LPKBHI IAIN Walisongo and STAIN Purwokerto LKBH and strategies used to address them.This study uses empirical juridical approach to comparative analysis. The findings of this study indicate that there is a difference between IAIN LPKBHI IAIN Walisongo and LKBH STAIN Purwokerto. Among them are not pure LPKBHI IAIN Walisongo without cost as ordered by Law No. 16 of 2011. LKBH STAIN Purwokerto is still very low in both human resources, finance and facilities. The difference between the two LKBH number of clients are very demanding, indicating that LPKBHI IAIN Walisongo is more widely known by the public, more reliable and better in the role of law to function as a public servant.In that case, both LKBH in principle the same in terms of client service procedures both litigation and non-litigation. But in the actualization, LKBH STAIN Purwokerto still difficulties in maximizing its role as hampered by many constraints both internal and external. While LPKBH IAIN Walisongo, the problem is that the performance of each divisions full potential, a lot of managers who served on the faculty, the lack of commitment of some managers. Meanwhile, the strategies used to overcome them; LPKBHI build a wide network of institutions, which resulted in strategic collaborations, the support of institutions that provided the impetus for the pursuit LPKBHI in providing legal assistance. While LKBH STAIN Purwokerto to ask DIPA funds from the campus, asking for help advocate from outside (especially from alumni).
Penentuan Waktu Salat: Antara Tradisionalisme dan Modernisme Muhalling, Rusdin
Al-Adl Vol 10, No 1 (2017): Al-Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

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Abstract

Penelitian this is a study, with the study of Science Falak as arithmetic, to be used by Muslims in the practice of daily worship, particularly worship prayer, fasting and pilgrimage. The subject is the preliminary determination of the time of prayer, precisely and thoroughly based on the regional data and the formula of prayer time. The discussion in penelitian this, is the determination of the times of prayer between traditionalism and moderenisme, performed traditional and modern with the theory and practice, how astronomy as arithmetic, determine the start time of prayer precisely and accurately in a place, accuracy and thoroughness can be demonstrated and justified Scientifically, based on the initial formula of prayer time. The initial determination of the times of prayer, the beginning of Ramadan, one of Syawal and Zulhijjah, And the determination of Eid-ul-Fitr and Eid al-Adha, as well as great days for Muslims. The results of hisab and Rukyah can be proven and accounted for scientifically. The results showed that the science of Falak as the science of reckoning is very useful for Muslims in setting the times of worship. Such as setting the beginning of the month of Ramadan, the direction of Qiblah, set the time to break the fast and the time of dawn. Set a start and finish time of fasting Ramadan, set Idul Fitri and Idul Adha, Position The direction in an area, starting with the methods or practical ways, namely matode (Reckoning) and methods Rukyat.
Perjanjian Kredit pada Bank Perkreditan Rakyat Diab, Ashadi L
Al-Adl Vol 10, No 1 (2017): Al-Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

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Abstract

An agreement is a legal relation of property between two parties, while the other party has the right to demand its implementation. In order for the agreement to have the force of law, it must meet the requirements of the validity of the agreement contained in article 1320 of the Civil Code. One of the most important things in the credit agreement of the bank is the guarantee for the lending party or the bank (Creditor) guarantee in relation to the credit is one of the conditions for the grant of credit application. The guarantee here is not only the property of the debtor, but also can be an immaterial guarantee. In forming credit there needs to be a guarantee, so there is certainty that the credit given to the debtor can be accepted again in accordance with the conditions that have been determined. Guarantee commonly used by BPR "Latunru Latinro" Makassar is a guarantee in the form of Fidusia that is motor vehicle, car also the right of dependents in the form of land by using notary deed. In solving the problem loans BPR "Latunru Latinro" Makassar as far as possible avoid the settlement through legal channels and seek settlement in a familial way.
Teori Keadilan Kontemporer (Sebuah Kajian Teori Hukum) Abdi Anantomo Uke, La Ode Muhammad Iman
Al-Adl Vol 10, No 1 (2017): Al-Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

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Abstract

Studying the science of law can not be separated by the existence of legal theory. The term theory comes from the English language theory, and in Dutch theorie. Theory also comes from the word "theoria" which in Latin means "contemplation" and in the Greek "thea" which essentially implies something called reality. Some scholars use the word theory to show structured, logical (rational), empirical (reality) thinking, as well as symbolic. While the law itself from the English term law, and the Dutch language is recht. John Austin defines the law as a rule that is held to provide guidance to the intelligent beings by the intelligent beings who rule over it. The theory of law itself comes from the English language that is theory of law and in Dutch called rechtstheorie which means the branch of Law Science which in an interdisciplinary perspective critically analyzes various aspects of legal phenomena each in isolation and in overall relation both in theoretical conception As well as in practical translation by referring to a better understanding and a clear explanation of juridical material. Critically analyzing a legal theory in the presence of thesis and anti-thesis in an ever-expanding theoretical study as a study material in the academic world of law. For that reason John Rawlss contemporary justice theory known as "A Theory of Justice" becomes interestingly studied and criticized as a study.
Pemberian Nafkah Suami Terpidana bagi Keluarga (Studi Kasus di Lembaga Pemasyarakatan Kelas II A Kendari) Batmang, Batmang
Al-Adl Vol 10, No 1 (2017): Al-Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

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Abstract

The purpose of this study was to determine the provision for the family convicts when left by the head of the family in prison, in order to find a solution for the family convicts economic difficultiesafter being left by the head of the family based on the perspective of a review of Islamic law and thelegislation relating to the liabilities convict husband in providing a living for the family. This study useskualitatif- sociological approach. The data collection is done by observation, interviews related to the reality of the fulfillment of family income. The results showed that the convict husband living on the family is still given according to ability. Overview of Islamic law and the laws pertaining to the obligations of convicts husband in providing the family income is confirmed in QS. Al-Baqarah 2: 233, legislation duty of the husband to provide a living stated in Law No. 1 of 1974 on marriage Chapter VI of Article 30 to Article 34 and the Islamic Law Compilation (KHI) CHAPTER XII Article 77 to Article 84.
Sentiment Ideology: Membaca Pemikiran Lewis A. Coser dalam Teori Fungsional tentang Konflik (Konsekuensi logis dari Sebuah Interaksi di antara Pihak Jamaah LDII dengan Masyarakat sekitar Gading Mangu-Perak-Jombang) Dodi, Limas
Al-Adl Vol 10, No 1 (2017): Al-Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

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Abstract

In a conflict, no institution is competent and acknowledged to be mediators. That isto say, conflict can be settled down if there are other parties as mediators, whetheras religious leaders or the ruling government, all of which is limited to stopping thedispute. The emergence of an Islamic thought and movement, although it isconsidered controversial, should not be judged as it is. Judging LDII as a hereticfor reasons that are generated by public. They are confident that LDII is an officialorganization and is protected by law. However, LDII until now has never issuedany book to read by public as the true information. In Cosers theory there are 4things related to the function of conflict. Firstly, that conflict between groupsincreases internal solidarity. Secondly, conflicts within the group have aninevitable antagonism that marks all social relationships. Thirdly, conflict increasesthe development of social bonds between groups. Fourthly, conflict is a majorstimulus to achieve social change.
Konsepsi Musyawarah dalam Al-Quran: Analisis Fiqh Siyasah terhadap QS al-Naml/27: 29-35 Bunyamin, Bunyamin
Al-Adl Vol 10, No 1 (2017): Al-Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

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Abstract

Musyawarah (deliberation) is a negotiation by exchanging opinions from various parties on a matter to be considered and decided, in order to create a common good. The urgency of deliberation in human life is like taking honey from a beehive. Besides serving as a delicious drink, it also serves as a medicine. Implementation of musyawarah in the Quran encompasses all aspects of human activities, whether related to domestic life, religious affairs, or in the settlement of political affairs, inclusive tactics and war strategies. Among the benefits derived from the musyawarah is mutual respect for mutual decisions without accompanied by regret, although in the end the results of the decision do not produce maximum achievement.
Peminggiran Perempuan dalam Pernikahan (Kasus Nikah Sirri dan Nikah Usia Dini) Rahman, Muhammad Gazali
Al-Adl Vol 10, No 1 (2017): Al-Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

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Abstract

Sirri clearly has no legal power, each husband and wife do not have Deed of Marriage, the government in this case Office of Religious Affairs (for the Muslims) do not give them Quotation Deed of Marriage as a handle and evidence has been conducted legitimate marriage. Negative impact for woman (wife) if in the journey of fostering household happening disharmony, disputes, quarrel until happened domestic violence (KDRT), a wife feel tortured and depressed live with her husband, whereas during marriage husband and wife already have joint property Controlled by her husband, a woman as a wife would not be able to claim her rights by filing a lawsuit in the Religious Courts for not having legitimate proof of her marriage. Similarly, with an early age marriage, which is one partner, both men and women are not old enough or under age, then the marriage that looked "forced" it could be. It could have a negative impact on both parties (male and female). Although it is casuistic, it is women who are generally more likely to feel the impact. With early marriage, access for women to continue their education to a higher level will be dashed, as well as the enormous chances of domestic violence that affects more women due to immaturity in addressing household problems.

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