Al-Mizan (e-Journal) <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> en-US (Rizal Darwis) (Andi Muhammad Fuad) Sun, 10 Mar 2024 00:00:00 +0000 OJS 60 Disparitas Pemidanaan dalam Tindak Pidana Korupsi yang Mengakibatkan Kerugian Keuangan Negara <p><em>This study aims to analyze legal factors and factors of law enforcement officials that influence the disparity in sentencing for corruption which results in state losses. The type of research used is empirical normative legal research. The results of the study show that (1) the legal factor in the presence of disparity decisions regarding corruption crimes has not been optimal because the minimum criminal sanctions in the corruption law cause disparity in sentencing which is quite disturbing due to the non-uniformity in the provision of minimum sentences for similar offenses. (2) the factor of law enforcement officials as the cause of the disparity in sentencing of corruption case decisions is very clearly seen and felt to be very unfair to each other, there is no clear guideline regarding the prevention of disparity in corruption criminal rulings so law enforcement officers exercise their power to decide similar offenses the pretext of the judicial power law.</em></p> Muhammad Indra Jaya, M. Said Karim, Syamsuddin Muchtar Copyright (c) 2024 Al-Mizan (e-Journal) Sun, 10 Mar 2024 00:00:00 +0000 Senjata Api sebagai Mas Kawin Pada Masyarakat Adat di Pegunungan Arfak Papua Barat <p><em>This study aims to analyze the validity of firearms as dowry and the legal consequences arising from the existence of Papuan customary law in the Arfak Mountains of West Papua. This research is a normative-empirical research with a statutory approach and a legal sociology approach. The types and sources of law used in this research are primary data sourced from observation, interviews, and documentation, as well as secondary data derived from literature. Furthermore, the collected data is analyzed with qualitative description. The results showed that: (1) the validity or legality of firearms as a dowry does not apply to the marriage of the mountain people of the Arfak tribe. This is because firearms can only be owned by law enforcement officers and security forces who have permission to use firearms; (2) the legal consequences of the enactment of Arfak tribal customs regarding the provision of firearms as dowry are considered valid because firearms are only a symbol in the customs of indigenous tribes and are considered to have historical values that have been passed down from generation to generation, and are not an aspect that cancels a marriage.</em></p> Decyana Caprina, Abrar Saleng, Nur Azisa Copyright (c) 2024 Al-Mizan (e-Journal) Sun, 10 Mar 2024 00:00:00 +0000 Perlindungan Terhadap Anak Penyandang Disabilitas Pasca Putusan Perceraian Orang Tua di Kabupaten Kolaka <p><em>This study aims to analyse the form of protection for children with disabilities after parental divorce and the role of the government in providing protection for children with disabilities after parental divorce. This research is empirical juridical in nature with data collection techniques derived from library research and field research. The results of this study indicate that: (1) the form of protection of children with disabilities after divorce decisions in Kolaka Regency is based on the rights of children with disabilities contained in Law Number 1 of 1974 concerning Marriage and Law Number 8 of 2016 concerning Persons with Disabilities, but has not been implemented optimally in accordance with the legislation; (2) The role of the Kolaka Regency government has not been optimal in carrying out its mandate based on Kolaka Regency Regional Regulation Number 3 of 2016 concerning the Implementation of Child Protection.</em></p> Ramlia Ramlia, Ratnawati Ratnawati, Marwah Marwah Copyright (c) 2024 Al-Mizan (e-Journal) Sun, 10 Mar 2024 00:00:00 +0000 Penegakan Hukum Terhadap Tindak Pidana Pencurian Hasil Hutan Bukan Kayu (Getah Pinus) di Kabupaten Tana Toraja <p><em>This study aims to analyze law enforcement against theft of non-timber forest products (pine resin) in Tana Toraja and inhibiting factors in law enforcement. This research is normative-empirical research using a statutory approach, conceptual approach, and sociological enforcement with data sources in the form of observations, documentation, and interviews with the police, prosecutors, and judges who handle the case. The results of this study indicate that law enforcement against the crime of theft of forest products in Tana Toraja Regency substantially uses Law Number 41 of 1999 concerning Forestry, but structurally, law enforcers are still less effective in handling it. While the inhibiting factors affecting law enforcement, namely structurally, the police are still less effective in acting according to the mandate of the law, there are still unscrupulous officials who intervene in the taking of pine resin; and related facilities or facilities are not adequate in supporting the implementation of law enforcement against the crime of pine resin theft.</em></p> Duwisno Ipang Tandilese, Syamsuddin Muchtar, Hijrah Adhyanti Mirzana Copyright (c) 2024 Al-Mizan (e-Journal) Sun, 10 Mar 2024 00:00:00 +0000 Pemahaman Moderasi Beragama dalam Keluarga Melalui Pendidikan Kursus Pranikah di Desa Rumpin <p><em>This research aims to provide an understanding of religious moderation to prospective brides through premarital courses in Rumpin Village with a research focus on the internalisation of religious moderation values to prospective brides through educational activities, premarital counseling, and understanding of Islamic teachings in the family environment in order to form a family that is appeasement (sakinah), love (mawaddah), affection (warahmah) and has moderate religious insight. This research is a field research with a sociological approach. Data collection techniques using documentation and observation, then analysed descriptively qualitative. The results showed that bridge-to-be in Rumpin Village in the premarital education held at the Religious Affairs Office were given religious knowledge material on how to settle down through moderate perspectives and attitudes. Moreover, the premarital education course is a programme of the Ministry of Religious Affairs which is carried out before the marriage contract is held. Islamic teachings remind us of the importance of knowledge in marriage.</em></p> Fitriyani Fitriyani, Hayaturrohman Hayaturrohman, Tsabit Latief Copyright (c) 2024 Al-Mizan (e-Journal) Wed, 13 Mar 2024 00:00:00 +0000 Konstitusionalitas Penundaan Pemilihan Umum di Indonesia <p><em>General elections as a means of popular sovereignty have been explicitly described in legislation. This paper examines the postponement of general elections by the President through Presidential Regulation in Lieu of Law. The writing is done by using descriptive normative legal research method that uses some primary materials and secondary data supported by tertiary legal materials and analysed qualitatively. In addition, the research method used is a comparative approach to several countries that regulate and have postponed elections in their countries. Based on the results of this research, it is known that if the postponement of general elections is carried out at this time by the State of Indonesia, then it is irrelevant and contrary to constitutional democracy. This is because constitutional democracy emphasises the sovereignty of the people based on the constitution. In addition, the norms in the current Indonesian constitution do not provide an opportunity to postpone elections. If there is still a postponement of general elections without changing the constitution, it is clearly contrary to constitutional democracy.</em></p> Andi Muh. Rizki AD Copyright (c) 2024 Al-Mizan (e-Journal) Sat, 04 May 2024 00:00:00 +0000 Penegakan Hukum Terhadap Anak Sebagai Korban Praktik Eksploitasi Seksual di Kota Makassar <p><em>This study aims to evaluate and find forms of legal protection and factors that affect law enforcement against children as victims of sexual exploitation practices in Makassar City. This research is empirical legal research using a statutory approach. Data were analyzed using descriptive qualitative analysis. The results of this study indicate that: (1) the form of legal protection against children follows Law Number 35 of 2014 concerning Child Protection which provides children's rights in the form of legal assistance, rehabilitation, and prevention; (2) Factors affecting law enforcement against child victims of sexual exploitation practices in Gorontalo City are legal substance factors, law enforcers, facilities, society, and legal culture. All of them have not been run optimally by the laws and regulations.</em></p> Irma Wati Ningsih, Musakkir Musakkir, Wiwie Heryani Copyright (c) 2024 Al-Mizan (e-Journal) Mon, 06 May 2024 00:00:00 +0000 Problematika Pelaksanaan Eksekusi Perkara Perdata di Pengadilan Agama se-Tana Luwu <p><em>This study aims to analyze the implementation of the execution of civil cases in the Religious Courts in Tana Luwu and the problems of its implementation, then provide solutions to the implementation of the execution of civil cases in the Religious Courts in Tana Luwu. This research is descriptive qualitative research. The results showed that: (1) Religious Courts in Tana Luwu have carried out executions based on incoming requests, but the number of requests for execution is very small, namely requests for execution of joint property cases as many as 7 cases and inheritance cases as many as 2 cases; (2) The inhibiting factors in the implementation of executions in Religious Courts in Tana Luwu, including Legal or regulatory problems, high case costs, lack of quantity and quality of human resources of the Religious Courts, and lack of public legal awareness; (3) Solutions offered in dealing with obstacles to the implementation of execution, namely: It is necessary to make a regulation of execution in the form of a guidebook to be used as a guideline in the implementation of execution, suspend the cost of execution, improve the quality of human resources of the judicial apparatus in the form of education and training. </em></p> Anita Marwing, Mustaming Mustaming Copyright (c) 2024 Al-Mizan (e-Journal) Tue, 07 May 2024 00:00:00 +0000 Penegakan Hukum Terhadap Pelaku Pengrusakan Objek Wisata Ke’te’ Kesu’ Toraja Utara <p><em>This study aims to analyze the enforcement of sanctions against perpetrators of the destruction of tourist objects in Ke'te' Kesu' North Toraja. This research uses empirical legal research methods with a statutory approach. The results of this study indicate that the enforcement of sanctions against the perpetrators of the destruction of tourist objects in Ke'te' Kesu' North Toraja is still less effective and the case has not been followed up, despite having a Regional Regulation of North Toraja Regency Number 7 of 2016. There are several obstacles faced in the application of sanctions in law enforcement against perpetrators of destruction of tourist objects due to, among others: (1) the civil service police unit can’t apply criminal sanctions because it does not have an agreement from the Police, Prosecutor's Office, and the Court; (2) the budget is slow or even non-existent so that the civil service police unit can’t move in guarding every tourist who enters North Toraja, and (3) the lack of personnel of the civil service police unit, so that it does not reach every violation of the destruction of Ke'te Kesu' Toraja Utara tourist objects. </em></p> Yogistry Pakita Salamba, Marwati Riza, Zulkifli Aspan Copyright (c) 2024 Al-Mizan (e-Journal) Thu, 09 May 2024 00:00:00 +0000