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All Journal Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam Journal of Multidisciplinary Islamic Studies
Auliaurrahman Auliaurrahman
Universitas Samudera Langsa, Aceh, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice

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Kewenangan Pengadilan Negeri dalam Penyelesaian Sengketa Tanah: Telaah dari Perspektif Hukum Islam Nur Anshari; Auliaurrahman Auliaurrahman
Al-Widad Vol 4 No 2 (2025): Al-Widad: Journal of Multidisciplinary Islamic Studies
Publisher : Raudhatun Najah Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58405/aw.v4i2.63

Abstract

This paper discusses the authority of the District Court in resolving land disputes in Indonesia, with reference to the perspective of Islamic law. The aim of this research is to explore the role of the District Court in handling land disputes and to compare the implementation of Indonesia's positive law procedures with the principles of Islamic law. In the context of Indonesia's positive law, land disputes are resolved through the district court, emphasizing formal and administrative procedures based on the Basic Agrarian Law (UUPA) and related regulations. In contrast, Islamic law prioritizes principles of consultation, mediation, and social justice before involving the Sharia Court if necessary. This discussion also identifies differences in proving land ownership, where positive law in Indonesia relies more on administrative documents, while Islamic law emphasizes testimony and evidence that is valid according to Sharia. The results of the study show that despite significant differences in the approach of both legal systems, both share the same goal of ensuring justice in resolving land disputes. This study recommends the need for a deeper understanding of the integration of Islamic law in resolving land disputes in pluralistic Indonesia.
Democratic Legitimacy of Regional Head Elections by the DPRD from a Constitutional Perspective Auliaurrahman Auliaurrahman; Nur Anshari
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol. 18 No. 1 (2026): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : Fakultas Syariah IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v18i1.14141

Abstract

Ideally, the selection of regional heads as part of the regional government system should reflect the principle of popular sovereignty and democratic legitimacy as mandated by the 1945 Constitution of the Republic of Indonesia. In reality, however, the election of regional heads by the Regional People’s Representative Council (DPRD) often generates debate regarding its democratic legitimacy, particularly due to limited direct public participation, the dominance of political elites, and transactional political practices that may undermine public trust. This situation raises constitutional questions regarding the extent to which elections conducted by the DPRD can be democratically justified. This study aims to analyze the democratic legitimacy of regional head elections by the DPRD from a constitutional perspective, especially in relation to the principle of popular sovereignty and Article 18 paragraph (4) of the 1945 Constitution. The research employs a library-based qualitative approach using a normative juridical method. The analysis focuses on constitutional norms, statutory regulations, legal doctrines, and relevant Constitutional Court decisions. The findings indicate that normatively, the election of regional heads by the DPRD possesses democratic legitimacy as a form of representative democracy. However, substantively, such legitimacy depends on strengthening accountability and transparency to ensure alignment with the spirit of popular sovereignty.
Co-Authors Nur Anshari