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All Journal al-Afkar, Journal For Islamic Studies GOVERNANCE: Jurnal Ilmiah Kajian Politik Lokal dan Pembangunan
M Yahya Wahyudin
UIN Sunan Gunung Djati, Bandung
Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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State Responsibility in Implementing Bandung City Regional Regulation Number 24 of 2012 concerning the Implementation and Handling of Social Welfare from the Siyasah Maliyah Perspective Dewi Sulastri; Listyani Effendi; M Yahya Wahyudin; Abu Sanmas
al-Afkar, Journal For Islamic Studies Vol. 9 No. 2 (2026)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v9i2.3479

Abstract

Philanthropic funds have the potential to address welfare disparities in society. Fund collection mechanisms have evolved alongside technological advancements. The Bandung City Social Welfare Office issued a policy on the management of money or goods through Bandung City Regional Regulation Number 24 of 2012 concerning the Organization and Handling of Social Welfare. This study will examine the implementation that occurs in society engaging in fundraising activities. This research is qualitative and falls under empirical juridical research. The approach used is statutory with a descriptive method. Data for the study are sourced from observations, interviews, and literature studies of legislation, books, journals, and other documents. The findings of this research are as follows: First, there is a gap between existing legal regulations and practices in the field, especially regarding supervision of the implementation of fundraising activities. Second, the impact of the Bandung City Social Welfare Office's performance and the implementation of fundraising activities in general can improve the welfare index, but there are still many areas that need improvement. Third, Bandung City Regional Regulation Number 24 of 2012 was created as a form of state responsibility (mas’uliyyah ad-daulah). The Bandung City Government provides social guarantees in two forms. First, providing ample opportunities for productive activities and providing direct cash assistance.
ANALISIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 128/PUU-XXIII/2025 TENTANG LARANGAN RANGKAP JABATAN BAGI MENTERI DAN WAKIL MENTERI PERSPEKTIF SIYASAH DUSTURIYAH Hayyanudin; Ending Solehudin; Yana Sutiana; M Yahya Wahyudin
GOVERNANCE: Jurnal Ilmiah Kajian Politik Lokal dan Pembangunan Vol. 13 No. 10 (2026): 2026 Oktober
Publisher : Lembaga Kajian Ilmu Sosial dan Politik (LKISPOL)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56015/gjikplp.v13i10.1313

Abstract

The practice of deputy ministers concurrently holding positions as commissioners of State-Owned Enterprises (SOEs) has long constituted an unresolved constitutional issue in Indonesian positive law. Article 23 of Law Number 39 of 2008 on State Ministries only prohibits concurrent office-holding for ministers, thereby creating a legal gap that has been exploited systematically. This study aims to analyze the legal considerations of judges, the legal implications, and the siyasah dusturiyah perspective on Constitutional Court Decision Number 128/PUU-XXIII/2025 concerning the prohibition of concurrent office-holding for ministers and deputy ministers. The method employed is normative juridical research utilizing a statute approach and case approach, with descriptive-prescriptive qualitative analysis. The findings reveal three principal conclusions: first, the Constitutional Court constructed its legal reasoning upon the principles of equality before the law, legal certainty, and good governance, employing conditional constitutional interpretation to extend the normative scope of Article 23 to deputy ministers; second, the decision carries erga omnes effect, producing significant normative-legislative, executive-institutional, and constitutional jurisprudential implications, including the obligation to relinquish concurrent positions within a two-year grace period; third, the siyasah dusturiyah perspective affirms the prohibition through the principles of amanah, 'adl, al-wizārah, and maslahah mursalah, all of which are substantively convergent with the decision's ratio decidendi. This study concludes that the prohibition on concurrent office-holding is not merely a formal legal obligation, but an ethical and moral imperative intrinsic to the nature of trustworthy leadership in both Islamic governance and modern constitutionalism.
Co-Authors Abu Sanmas Dewi Sulastri Ending Solehudin Hayyanudin Listyani Effendi Yana Sutiana