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All Journal Ahsan : Jurnal Ilmiah Keislaman dan Kemasyarakatan Cangkal : Jurnal Ilmu Sosial dan Humaniora
Akhmad Zaki Yamani
Institut Agama Islam Darul Ulum Kandangan
Religion Education Social Sciences Other

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IMPLEMENTASI ASAS KEJELASAN DALAM PENYUSUNAN PERATURAN PERUNDANG-UNDANGANPASCA UU 13/2022 Muhammad Arief Hidayatullah; Mutiara; Akhmad Zaki Yamani
Cangkal : Jurnal Ilmu Sosial Dan Humaniora Vol. 2 No. 1 (2026): Mei - Oktober 2026
Publisher : Yayasan Pendidikan Literasi Borneo

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Abstract

This research examines the implementation of the principle of clarity in formulation within the legislative process following the introduction of Law Number 13 of 2022, which serves as the second amendment to Law Number 12 of 2011. The principle of clarity in formulation is regarded as a crucial tenet aimed at establishing legal certainty through the employment of legal language that is clear, systematic, and devoid of ambiguity that could lead to multiple interpretations. The methodology employed in this study is a normative legal research method, utilizing both a statutory and a conceptual approach. The findings reveal that, despite enhancements made to the provisions concerning the principle of clarity in formulation, its execution continues to encounter various obstacles, including the presence of norms that are open to multiple interpretations, insufficient regulatory harmonization, and disparities in the quality of norm drafting. Consequently, it is deemed essential to enhance the competence of regulatory drafters and to reinforce regulatory harmonization in order to produce high-quality legislation.
ANALISIS PENERAPAN PRINSIP-PRINSIP LEGAL DRAFTING DALAM PEMBENTUKAN UNDANG-UNDANG NO. 11 TAHUN 2020 TENTANG CIPTA KERJA Silvia Amalina; Nor Hafizah; Akhmad Zaki Yamani
Cangkal : Jurnal Ilmu Sosial Dan Humaniora Vol. 2 No. 1 (2026): Mei - Oktober 2026
Publisher : Yayasan Pendidikan Literasi Borneo

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Abstract

The quality, clarity, and legal certainty of legal standards are determined by legal drafting, which is crucial to the creation of legislation. However, there are still a number of obstacles to the use of legal drafting principles in Indonesia, such as ambiguous legislative provisions, inconsistent terminology, and insufficient public participation. This study uses normative legal research with a literature study technique to examine how legal drafting principles are applied in the creation of legislation. Legislation, books, journals, and other pertinent legal sources were used to conduct a descriptive analysis of the data. The findings demonstrate that the principles of legal drafting have not been adequately applied, especially with regard to public participation, legal certainty, clarity, and uniformity.Therefore, strengthening the application of legal drafting principles is necessary to produce legislation that is clear, effective, and provides greater legal certainty
SISTEMATIKA NASKAH AKADEMIK SEBAGAI ALAT LEGITIMASI: MENAKAR TEMPAT KONSEP SYURA DALAM PRAKTIK DEMOKRASI KONTEMPORER Muhammad Hilmi; Muhammad Septian Yoga Pangestu Pangestu; Akhmad Zaki Yamani
Ahsan: Jurnal Ilmiah Keislaman dan Kemasyarakatan Vol 3 No 1 (2026)
Publisher : PT. Pustaka Andil Lestari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67802/ahsan.v3i1.111

Abstract

This study aims to analyze the systematic structure of the Naskah Akademik (Academic Paper) as an instrument of legitimacy in legislative drafting and to examine the position of the concept of shura within contemporary democratic practices. This research employs a normative legal method using statutory, conceptual, and comparative approaches. Legal materials were collected through library research, including legislation, constitutional law literature, democratic theory, and Islamic political thought. The findings reveal that the Academic Paper plays a strategic role as a source of legitimacy by ensuring that legislation is formulated on sound philosophical, juridical, and sociological foundations. Furthermore, the concept of shura embodies the principles of consultation, participation, justice, and accountability, which are compatible with the core values of modern democracy. Nevertheless, both systems derive legitimacy from different foundations, namely popular sovereignty in democracy and Islamic normative principles in shura. The study concludes that shura should not be regarded as incompatible with contemporary democracy but rather as a normative framework capable of strengthening deliberation, public participation, and legitimacy in legislative and public policymaking processes.
Kepemimpinan Perempuan dalam Ranah Publik: Analisis Kritis Dalam Pespektif Fikih Siyasah dan Maqashid Syariah Erly Sulistiyawati; Akhmad Zaki Yamani
Ahsan: Jurnal Ilmiah Keislaman dan Kemasyarakatan Vol 2 No 1 (2025)
Publisher : PT. Pustaka Andil Lestari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67802/ahsan.v2i1.30

Abstract

The debate over women's leadership in public office remains a persistent theme in Islamic discourse, spanning both classical and contemporary perspectives. Classical Islamic political jurisprudence (fiqh siyasah) predominantly restricts the highest leadership roles—such as head of state or political leader—to men, rooted in normative textual interpretations and the patriarchal sociocultural context of earlier times. However, contemporary approaches such as maqāṣid al-sharīʿah offer a more inclusive and contextual framework, emphasizing principles of public interest (maṣlaḥah), justice, and individual capability, irrespective of gender. Through a comprehensive literature-based analysis, this study re-examines traditional viewpoints in light of maqāṣid principles and argues that women's involvement in public leadership aligns with the higher objectives of Islamic law. The findings support the urgency of reconstructing Islamic legal thought in a more progressive and contextual direction—one that is capable of addressing modern social dynamics and eliminating gender-biased interpretations. This study thus contributes to the development of a more equitable and inclusive vision of Islamic governance.
Imāmah dalam Islam: Kajian Historis dan Relevansinya terhadap Kepemimpinan Kontemporer Akhmad Hafi; Noormala Santi; Akhmad Zaki Yamani
Ahsan: Jurnal Ilmiah Keislaman dan Kemasyarakatan Vol 2 No 1 (2025)
Publisher : PT. Pustaka Andil Lestari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67802/ahsan.v2i1.33

Abstract

The concept of imamah in Islam plays a vital role in discussions of leadership, both in religious and political contexts. Following the death of the Prophet Muhammad (PBUH), the Muslim community faced the fundamental question of who should lead and how leadership should be exercised. Diverging views between Sunni and Shia schools of thought on imamah have produced various theological and historical interpretations. This article aims to examine the historical development of the concept of imamah in Islam and to explore the relevance of its core values to contemporary models of leadership. The study employs a qualitative approach using literature review methods, analyzing both primary classical sources and contemporary academic works. The findings reveal that, although imamah emerged in a different sociopolitical context, its foundational values—such as justice, knowledge, and moral responsibility—remain relevant in shaping ethical and integrity-based leadership today. It concludes that imamah is not merely a historical concept but can serve as a source of inspiration for modern leadership rooted in Islamic principles.
Syura ke Pemilu: Evolusi Konsep Kepemimpinan dalam Islam Maulida Hasanah; Akhmad Zaki Yamani
Ahsan: Jurnal Ilmiah Keislaman dan Kemasyarakatan Vol 2 No 1 (2025)
Publisher : PT. Pustaka Andil Lestari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67802/ahsan.v2i1.35

Abstract

This study examines general elections (pemilu) as a modern political mechanism that can serve as a contemporary alternative to the khilafah system in Islamic political tradition. Using theological and historical-political approaches, this study explores the fundamental differences between the centralist khilafah system, which is based on religious legitimacy, and the electoral system rooted in popular participation and sovereignty of law. The analysis focuses on the concepts of imamah, syura, and bai’ah in classical Islamic political thought and how these principles have transformed in the context of modern democracy. The study also reviews the responses of various groups, both proponents and opponents of electoral systems, and the normative arguments used to legitimize or reject it. The findings suggest that while khilafah is seen as an ideal system in classical literature, elections can be understood as a relevant instrument within maqashid shariah, ensuring justice, participation, and representation for the ummah. Thus, elections are not simply a Western product but can be contextualized within the framework of Islamic politics as a form of contemporary ijtihad.
Relevansi Prinsip Siyasah Dusturriyah (Politik Ketatanegaraaan Islam) Terhadap Hierarki Peraturan Perundang-Undangan di Indonesia Akhmad Hafi; Noormala Santi; Akhmad Zaki Yamani
Ahsan: Jurnal Ilmiah Keislaman dan Kemasyarakatan Vol. 2 No. 2 (2025)
Publisher : PT. Pustaka Andil Lestari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67802/ahsan.vi.66

Abstract

This study aims to examine the relevance of siyasah dusturiyyah principles (Islamic constitutional politics) to the hierarchy of legislation in Indonesia. Using a qualitative approach with a normative-philosophical analysis method, this research explores fundamental values such as syura (consultation), al-‘adl (justice), maslahah (public interest), and tha‘at li al-imam (obedience to legitimate authority), as well as their contribution to the formation of national law. The findings reveal a strong alignment between the principles of siyasah dusturiyyah and the fundamental norms of lawmaking as stipulated in Law No. 12 of 2011 in conjunction with Law No. 13 of 2022. The principle of syura is reflected in participatory legislative processes, al-‘adl in the enforcement of substantive justice, and maslahah in the orientation of law toward public benefit. The integration of these Islamic values strengthens the moral legitimacy of national law, promotes governmental transparency, and deepens the dimension of social justice. This study emphasizes that the contextual application of siyasah dusturiyyah can serve as an ethical foundation for Indonesia’s legal system—one that is democratic, just, and oriented toward the welfare of the people within a pluralistic state framework.
Co-Authors Akhmad Hafi Erly Sulistiyawati Maulida Hasanah Muhammad Arief Hidayatullah Muhammad Hilmi Muhammad Septian Yoga Pangestu Pangestu Mutiara Noormala Santi Nor Hafizah Silvia Amalina