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Journal : Law Development Journal

Islamic Views on Money Politic Practices in the Constitutional Election of 2019 Karto Karto; Akhmad Khisni
Law Development Journal Vol 2, No 2 (2020): June 2020
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (612.353 KB) | DOI: 10.30659/ldj.2.2.155-162

Abstract

The purpose of this research is to find out and analyze the reasons for the still widespread practice of money politics in the 2019 simultaneous elections. Research methods this uses a normative juridical method, in the form of legal materials written in documents. Which then analyzed qualitatively using the theory of legal certainty and law enforcement. The results of this study are: First, the reasons for the practice of money politics in the 2019 simultaneous elections are known. Second, the view of Islamic law in tackling the practice of money politics/Riswah in the upcoming simultaneous elections. The conclusion in this paper, the causes of money politics include: weak faith, low political education, economic/poverty factors, weak laws, cultural habits and traditions, weak supervision, low education, the last factor is distrust of public figures. View of Islamic Law. Returning to the teachings of Allah is the single most effective way to prevent the practice of money politics, among others, Faith in Allah, people who have faith will be afraid to commit prohibited actions such as bribery, corruption and others, then act, Honest, trustworthy and istiqomah, people. who are able to embody this behavior then the path will be straight, fair, blessed, grateful and qona'ah, if you really return to the concept of Islam, you will not dare to practice money politics.
Taḥqiqul Manāth in Madzhab-Contextualization of Non-Muslim Status in Indonesia Muhammad Faeshol; Akhmad Khisni
Law Development Journal Vol 2, No 4 (2020): December 2020
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (665.245 KB) | DOI: 10.30659/ldj.2.4.599-609

Abstract

The fatwa or decision of Bahtsul Masail which gave the status of non-Muslim Indonesians given the status of ḥarbi fī dzimmati tta'mīn was corrected by the Nahdlatul Ulama National Conference in Banjar City, West Java in 2019. Using a legal contextuality within the framework of the Imam Syafi'i school of thought, Nahdlatul Ulama 'stated Indonesian non-Muslims as non-Muslims are ordinary citizens who are the same as Muslim citizens and are not included in one of the four categories of kafirs in the schools with all the legal consequences. Contextualization as an effort to understand a law according to its context is carried out so that the law of fiqh madzhab in its application adapts to the changing and different context of reality. Ignorance of changes and differences in context will result in the application of the law of fiqh madzhab which violates the school itself.maḥall al-ḥukmi and ahl al-ḥukmi. The results of the National Conference as a correction to the different previous fatwas were carried out as a necessity so that the application of the law of fiqh madzhab was correct in its application. Not to change the law of the school of fiqh. The four categories of kafir remain in the madzhab as a kulli concept. But implementing it must be appropriatemaḥall al-ḥukmi her.And non-Muslims in Indonesia are not maḥall al-ḥukmi is right for the concept.
Work Of Legal Products Traffic In Overcoming Road Conclusion Fadli Fadli; Akhmad Khisni
Law Development Journal Vol 3, No 3 (2021): September 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (536.005 KB) | DOI: 10.30659/ldj.3.3.675-682

Abstract

The purpose of this study is to examine and analyze the concept of the substance of traffic law products in overcoming road congestion. This research uses a normative juridical method with research specifications in the form of descriptive analysis. Based on the discussion, it is concluded that the state's efforts in the form of legislation with the existence of legal products that are correlated with overcoming the problem of congestion on the highway with various concepts of interrelated substances include Act No. 22 of 2009, concerning traffic and transportation. Act No. 23 of 2014 concerning Regional Government in Article 9 paragraph (1) states that there are 3 (three) types of government affairs, namely absolute government affairs, concurrent government affairs, and general government affairs. Government affairs under the authority of the Regions consist of Mandatory Government Affairs and Preferred Government Affairs. Article 10 of Act No. 38 of 2004 concerning Roads states that to regulate road use and smooth traffic, roads are divided into several road classes. Government Regulation Number 32 of 2011 concerning Management and Engineering, Impact Analysis, and Traffic Needs Management, the scope of regulation of PP Management and Engineering, Impact Analysis, and Traffic Needs Management includes traffic management and engineering activities including planning, regulation, engineering, empowerment, and supervision.
Effectiveness of Pleidooi by The Supreme Of Criminal Murder Muhammad Baharuddin; Akhmad Khisni
Law Development Journal Vol 2, No 2 (2020): June 2020
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (469.491 KB) | DOI: 10.30659/ldj.2.2.207-215

Abstract

The purpose of this study is to study and analyze the effectiveness of the pleaqs submitted by the accused as the perpetrator of the crime of murder in the trial process. In this research, the writer used sociological juridical method with the research specification in the form of descriptive analysis. The data used for this research are primary and secondary data. Based on the results of the research which concluded that in the analysis of the trial process of the verdict in the murder case with the perpetrator Hamim in accordance with the series of decisions Number: 73 / PID.B / 2015 / PN.Kds, the Judge gave a heavier verdict than the prosecutor's demands by using 2 (Article), each of which causes a different victim, namely the victim who died and was seriously injured in Article 338 of the Criminal Code and Article 351 paragraph (1) of the Criminal Code.
Extraordinary Legal Remedies By the Prosecutor in Criminal Procedure Indi Premadasa; Akhmad Khisni
Law Development Journal Vol 2, No 4 (2020): December 2020
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (457.428 KB) | DOI: 10.30659/ldj.2.4.626-633

Abstract

The purpose of this study is to study and analyze the judicial review of the prosecutors in criminal procedural law. In this paper the author uses the normative juridical method. In the discussion that the public prosecutor has the right to file a basic review of Article 263 paragraph (2) and (3) of the Criminal Procedure Code, apart from Article 263 of the Criminal Procedure Code, the Public Prosecutor has a basis for laws and regulations relating to the issue of reconsideration, namely Article 21 Act No. 14 of 1970 concerning the basic provisions of judicial power, Article 24 of Act No. 48 of 2009 concerning Judicial Power, apart from the statutory regulations mentioned above, the Public Prosecutor filed a Reconsideration on the principles of justice and the principle of balance.
Pro-Contra Of Marriage Age Restriction In Maqashid Syari’ah Perspective Rifki Julian Wiranda; Akhmad Khisni
Law Development Journal Vol 3, No 3 (2021): September 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (750.628 KB) | DOI: 10.30659/ldj.3.3.648-656

Abstract

Efforts to prevent marriages that are considered underage are stated in the revision of the Marriage Law (UUP) in Act No. 16 of 2019 which equates the marriage age limit for men and women to nineteen years. The purpose of the research in this article is to find out how to limit the age of marriage and the suitability of the principle of benefit of the revision of the UUP in the review of Maqashid Syari’ah. The method used in this study is a normative juridical approach and empirical data as a complement. The results showed that the practice of marriage which was considered underage occurred because the community believed that a child who entered the age of puberty should be immediately married, because it was feared that it would cause widespread damage, such as masturbation, adultery or in other forms, namely phone sex.
Role of Judges in Handling Criminal Procedures for Children through Diversion of Justice Agra Sulchantifa Ulul Amri; Akhmad Khisni
Law Development Journal Vol 3, No 1 (2021): March 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (614.078 KB) | DOI: 10.30659/ldj.3.1.140-147

Abstract

This study aims to answer the problem: What is the role of the judge in handling cases of juvenile crime through fair diversion? How can the handling of criminal acts through fair diversion have an impact in the future? The research method used is sociological juridical. This research yields the result that judges play a role in handling criminal cases through diversion because the parties can be brought together by the judge for settlement by deliberation, consensus without going through a judicial process, so that through the path of peace. Because diversion upholds the values of Pancasila, especially the 2nd and 5th principles, humanity, social justice and dignified justice can be realized, namely humanizing humans, the protection of children from stigma, labeling, mental and moral reform can be overcome. In addition, it is very necessary to carry out guidance and strict supervision of children in their daily interactions so that the child does not commit another criminal act.