Al-Mizan (e-Journal) 2024-01-28T06:04:03+00:00 Rizal Darwis Open Journal Systems <p style="text-align: justify;"><strong>Al-Mizan (e-Journal) </strong>is a scientific periodical journal published by <em>Lembaga Penelitian dan Pengabdian Kepada Masyarakat </em>IAIN Sultan Amai Gorontalo, Indonesia. The journal emphasizes aspects related to Islamic law studies, sharia, Islamic jurisprudence (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. The subject covers textual and fieldwork studies. <strong>Al-Mizan (e-Journal)</strong> is peer-reviewed. It <span class="tlid-translation"><span title="">was originally published once a year, but in 2017</span></span> it was published twice a year (June and December). This journal has a print edition ISSN: <a href="" target="_blank" rel="noopener">1907-0985</a> and an online edition e-ISSN: <a href="" target="_blank" rel="noopener">2442-8256.</a></p> <p style="text-align: justify;"><strong>Al-Mizan (e-Journal) </strong>has been accredited by National Journal Accreditation (ARJUNA) managed by the Ministry of Research, Technology, and Higher Education of the Republic Indonesia with <a href="" target="_blank" rel="noopener">Four Grades (Sinta 4)</a> from 2018 to 2022 according to the decree <a href="" target="_blank" rel="noopener">No. 36/E/KPT/2019</a>.</p> Contextualization of Rights and Justice through Exceptions in the Counterclaim of Marital Property Lawsuit 2023-10-26T06:05:43+00:00 Fikri Fikri Aris Aris Saidah Saidah Nurul Fitra Ramadhan Rizal Darwis <p><em>This study aims to explain the contextualization of rights and justice through exceptions in the counterclaim of marital property lawsuits in the Religious Court of Pinrang. The research method used is normative-legal qualitative research, with a document study to analyze Decision Number 703/Pdt.G/2021/PA Prg. Data analysis is conducted using legal enforcement theory and rights and justice theory. The research results indicate that maximizing exceptions in marital property lawsuits in the Religious Court of Pinrang ensures the protection of rights and justice for all parties involved in society. The context of responses, replies, and rejoinders during the examination of marital property cases is essential to respond to the claims and clarify disputes in society to safeguard the rights and justice of both the plaintiff and defendant. Exceptions in legal enforcement during the examination of cases allow the plaintiff and defendant to assess the validity of claims in the conventional lawsuit, while exceptions in the counterclaim provide an opportunity for the defendant to protect their rights and justice during the proceedings of marital property cases.</em></p> 2023-12-12T00:00:00+00:00 Copyright (c) 2023 Al-Mizan (e-Journal) Analisis Surah Al-Baqarah/2: 233 dalam Konteks Hukum Penyusuan 2023-12-07T12:30:20+00:00 Suci Ramadhona Lailan Rafiqah Dedi Sumanto Asriadi Zainuddin <p><em>Breastfeeding is a bonding of a mother to her baby which is natural to meet the basic needs of the baby so that it can grow and develop physically and psychologically properly. Islamic teachings explicitly regulate this in the Qur'an and Hadith, which aim to make the basic life processes of a child follow Islamic law. This study aims to analyze breastfeeding (ar-radha'ah) problems, especially regarding breastfeeding of non-biological children which creates intimacy between mother and child, and contemporary problems related to breastfeeding through the verses of law in the Qur'an based on the opinion of scholars, especially commentators. The research in this paper uses qualitative methods with data collection techniques based on literature study by reading several references such as the Qur'an, hadith, books, and articles, and analyzing the opinions of commentators. The results of this study state that breastfeeding is recommended for mothers to their biological children, but breastfeeding is carried out by mothers to non-biological children, so this breastfeeding has legal implications, namely the prohibition of marriage. Breastfeeding creates friendship between mothers who donate breast milk and babies who are breastfed either through direct suction (tsadyu) or not, even if it's only one suck or by way of fair (sau'ut) which lasts for two years because this will form bones and grow flesh in the growth of the baby so that it will make marriage illegal.</em><em> In ar-radha'ah include recommendations for breastfeeding, the father's obligation to provide support during breastfeeding, the permissibility of breastfeeding children other than the biological mother, and the nature of breastfeeding.</em></p> 2023-12-14T00:00:00+00:00 Copyright (c) 2023 Al-Mizan (e-Journal) Analisis Hukum Peningkatan Tarif Nilai Objek Pajak Tidak Kena Pajak dalam Transaksi Jual Beli Tanah di Kabupaten Jember 2023-10-12T06:32:11+00:00 Alvi Anggriani Achmad Ruslan Muhammad Ilham Arisaputra <p><em>This study aims to analyze the policy of imposing acquisition value of tax objects is not taxable (NPOPTKP) tariff increases in land buying and selling transactions and the authority of the Jember district government in determining the increase in NPOPTKP rates in Jember district. This research was conducted using empirical research methods. The results of this study indicate (1) the policy of imposing an increase in tariffs of NPOPTKP in land sale and purchase transactions in Jember Regency has been regulated following with applicable laws and following with existing regional regulations, namely following with Jember Regent Regulation Number 45 of 2021 concerning Amendments to Regent Regulation Number 38 of 2011 concerning Procedures for Collection of Fees for Acquisition of Land and Building Rights; (2) The authority of the regional government of Jember Regency in determining the increase in tariffs on the value of non-taxable tax objects has been implemented by Law Number 28 of 2009 concerning Regional Taxes and regional levies to expand regional tax objects and regional levies and to provide discretion in determining the rates to the local government considering that it is necessary to increase the tariffs of NPOPTKP in land buying and selling transactions caused by a discrepancy between the realization of tax revenues and the targets set due to non-compliance by the public in carrying out their tax obligations. The application of administrative sanctions for taxpayers who do not comply in carrying out their tax obligations should be implemented by the </em><em>Regional Planning and Revenue Agency (Bappeda) so that the target of revenue in the tax sector that has been set can be achieved to the maximum.</em></p> 2023-12-31T00:00:00+00:00 Copyright (c) 2024 Al-Mizan (e-Journal) Kedudukan Badan Keamanan Laut dalam Penegakan Hukum di Laut 2023-10-12T05:02:34+00:00 Hari Sugiharto Yusuf Juajir Sumardi Birkah Latif <p><em>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.</em></p> 2023-12-31T00:00:00+00:00 Copyright (c) 2024 Al-Mizan (e-Journal) Penguasaan Harta Kekayaan Yayasan oleh Ahli Waris Pendiri Yayasan 2023-10-12T06:59:28+00:00 Mustahul Jannah Suriani BT. Tolo Muhammad Fitriadi <p><em>This research aims to find and analyze the legal status of the foundation's assets controlled by the heirs of the foundation founder and analyze the role of the government in supervising a foundation. This research uses normative juridical approaches with data collection method in the form of library research. The results of the study show that: first, the foundation's assets that are personally controlled by the heirs of the founder of the foundation include unlawful acts that can be held civilly liable and can be prosecuted criminally. The assets of the foundation cannot be transferred or controlled personally because the legal entity of the foundation is the owner of the community based on the theory of legal entity; second, the role of the government in supervising the foundation based on the authority by legislation through the Ministry of Law, Human Rights and Human Rights (Kemenkumham) and the Minister of Social Affairs through the Social Service.</em></p> 2023-12-31T00:00:00+00:00 Copyright (c) 2024 Al-Mizan (e-Journal) The Implementation of Death Penalty in The Context of Islamic Law and Criminal Law in Indonesia: Challenges and Implication 2023-10-30T11:23:18+00:00 Suwito Suwito Muhammad Adystia Sunggara Asiyah Liza Utama Jamal Beigi <p><em>This research aims to answer how the death penalty is regulated in the context of Islamic law and positive criminal law in Indonesia by parsing the challenges and implications. This type of research is conducted with a normative approach, namely by analysing the problem through an approach to legal principles and referring to legal norms contained in legislation. The results show that the death penalty in Islam triggers controversy, where the cons argue that the death penalty does not originate from the Qur'an and Al-Hadith, but is a derivative of the history of the prophet and the Arabs; they are also concerned about human intervention in its implementation so that it is considered not truly from God. On the other hand, the pro side argues that the death penalty is God's will without human intervention. Moreover, in positive criminal law, the death penalty is used to protect the fabric of life and is considered legitimate even though every individual has the right to life. Thus, the state is considered to protect its citizens from unlawful acts.</em></p> 2023-12-31T00:00:00+00:00 Copyright (c) 2024 Al-Mizan (e-Journal) Legal Protection of Marks in the Perspective of Property Rights Law 2023-10-12T04:55:26+00:00 Putri Ayi Winarsasi Sardjana Orba Manullang Asiyah Yogabakti Adipradana Setiawan Awad Al-Khalaf <p><em>The brand is the manufacturer's public persona, a barometer of the company's public standing, and a watershed moment in the company's overall business strategy. There's no getting around the fact that a product's brand serves as its identity; after all, it's what sets one firm apart from another. The protection of registered marks, however, is sometimes the source of intricate legal challenges that obscure the mark's true significance. The purpose of this research is to evaluate and analyze the legal protection of registered trademarks and to determine the reason of the termination of its protection using a normative juridical approach. The research uncovered a number of potential triggers for a brand's registration to be revoked, such as the end of the brand's validity period, a request for revocation by the brand's owner, ministerial initiative based on the recommendation of the brand appeal Commission, or a lawsuit filed by a third party. Once the trademark is registered, it is protected for a certain length of time that may be extended. Legal action, criminal prosecution, and administrative measures like trademark cancellation or registration rejection all serve as deterrents. Defending corporate identities through trademarks is crucial in today's period of intense global competition. This study delves deeply into the value of brands to manufacturers and the legal hurdles that must be overcome to ensure a brand's long-term viability in a competitive market. With this knowledge in hand, company stakeholders may take the necessary initiatives to establish a brand that will endure. Protecting your name and your ideas are essential.</em></p> 2023-12-31T00:00:00+00:00 Copyright (c) 2024 Al-Mizan (e-Journal) Kriminalisasi Trading in Influence dalam Tindak Pidana Korupsi 2023-10-13T08:43:02+00:00 Ahmad Syahird Marlin Marlin <p><em>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.</em></p> 2023-12-31T00:00:00+00:00 Copyright (c) 2023 Al-Mizan (e-Journal) Potensi dan Peranan Zakat dalam Pengentasan Kemiskinan di Kota Gorontalo 2023-12-01T04:38:22+00:00 Syawaluddin S <p><em>This research aims to examine and analyze the potential and role of zakat in alleviating poverty in Gorontalo City. This research is descriptive research with data collection methods such as observation, interview, and literature study. Data were analyzed qualitatively through data collection, data reduction, and data presentation. Data were validated through source triangulation and method triangulation. The results showed that the potential of zakat in Gorontalo City is quite large obtained by the National Amil Zakat Agency of Gorontalo City, which in 2021 reached 4.0 billion, but has not been maximally explored due to several obstacles, both institutionally and personally for zakat recipients (mustahik). The contribution of zakat to the Gross Regional Domestic Product of Gorontalo City from 2019 until now continues to increase, reaching an average of 10.55%. This shows that zakat can contribute well to help government programs in poverty alleviation. The role of zakat towards poverty alleviation efforts in Gorontalo City runs in several forms of assistance schemes, including the humanitarian field and the productive economic field. The implementation of zakat management by the National Amil Zakat Agency of Gorontalo City is evaluated and improved so that the achievement of the existing zakat potential can be maximally explored to achieve the maximum role in poverty alleviation.</em></p> 2023-12-31T00:00:00+00:00 Copyright (c) 2023 Al-Mizan (e-Journal) Analisis Kritis Hukum Islam terhadap Batas Usia Minimal dalam Undang-Undang Perkawinan dan Konsekuensinya dalam Pernikahan Di Bawah Umur 2024-01-28T06:04:03+00:00 Salma S. Salma S. Jamaluddin Jamaluddin Zulaeha Zulaeha <p><em>Marriage is something that has rules and mechanisms for carrying it out. One of these rules is the minimum limit for carrying out marriage. This research analyses the age limit of marriage based on Law Number 16 of 2019 which is an amendment to Law Number 1 of 1974 concerning Marriage. This research is literature research using an Islamic legal analysis approach. The results of the study show that the existence of a minimum age limit for marriage regulated in Law Number 16 of 2019 article 7 paragraph (1) shows one form of the government advocating for the interests of fostering a happy and harmonious household. This is in Islamic law a form of maslahat </em>(kindness)<em>, as well as a form of obedience of citizens to their leaders (ulil amri). Limiting the age of marriage has a positive impact on protecting children's rights and preventing underage marriage, which has many negative consequences. </em></p> 2023-12-31T00:00:00+00:00 Copyright (c) 2023 Al-Mizan (e-Journal) Implikasi Hukum Terhadap Peningkatan Sampah Ruang Angkasa Akibat Aktivitas Komersialisasi Ruang Angkasa 2024-01-25T11:10:41+00:00 Nuriyah Fara Muthia Juajir Sumardi Maskun Maskun <p><em>This research aims to analyze the legal implications of the increase in space debris generated through space commercialization activities. This research uses a normative legal method using a qualitative approach to determine the application of law in commercial activities carried out in space. The results of this study, namely: (1) the increase in space junk cases caused by commercial activities in space is increasing until 2022 due to various satellites being launched and causing junk to scatter freely in space. The rules of the Outer Space Treaty 1967 are still unable to guarantee legal certainty so that all parties carrying out commercial activities in space obey them; (2) the calculation of damage caused by commercial activities in space will result in liability that has been regulated in the Space Liability Convention 1972 that there are two legal principles governing the responsibility for compensation carried out by all parties in space, both state and private parties.</em></p> 2023-12-31T00:00:00+00:00 Copyright (c) 2023 Al-Mizan (e-Journal)