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PERAN POS BANTUAN HUKUM ADVOKAT INDONESIA PERSPEKTIF UNDANG-UNDANG NOMOR 48 TAHUN 2009 TENTANG KEKUASAAN KEHAKIMAN DAN FIQH SIYASAH Agus Sarifudin; Abdur Rahim
Jurnal Ilmiah Hospitality Vol 12 No 2: Desember 2023 (In Press)
Publisher : Sekolah Tinggi Pariwisata Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47492/jih.v12i2.2967

Abstract

Conflict resolution in the context of society and the state is carried out by an institution known as the judiciary. This institution has the authority to carry out examinations, assessments, and provide decisions regarding conflicts that are resolved through the judicial process. This authority is known as judicial power, which in practice is carried out by judges whose job is to try and decide cases or problems that arise in society. Essentially, the task of the judge is a noble task. The purpose of this research is to find out the role of the Indonesian Legal Aid Post in providing legal aid from the perspective of the Judicial Power Act number 48 of 2009 and to find out the Fiqh Siyasah review of the role of the Indonesian Legal Aid Post in providing legal aid. The author uses a type of library research (library research). The data source that the author uses is the primary data source, namely a copy of the Judicial Powers Act Number 48 of 2009 concerning Judicial Power, the book Contextualization of Islamic Political Doctrine in Fiqh Siyasa, and the book Imam Al-Mawardi's Translation of Administrative Law and Leadership in Islamic Measures written by Imam al-Mawardi, and secondary data sources, namely, books, theses, theses, journals, documents, laws and regulations, and so on. Article 8 of Law Number48 of 2009 authorizes Posbakum to organize mediation and arbitration. This can help communities resolve disputes amicably and out of court. Thus, in the perspective of Law Number 48 of 2009 concerning Judicial Power, the role of Posbakum is to provide access to legal aid that is fair, equitable and affordable for all levels of society, as well as assisting people in understanding and navigating the various legal problems they face. It also contributes to the overall goals of the justice system in Medina and Indonesia in general. In the context of siyasa fiqh, the role of Posbakum can be understood as part of the government's efforts to provide access to justice for underprivileged citizens. This is in accordance with the principles of social justice in Islamic law. In the context of Islamic law, the role of Posbakum can be assessed based on Islamic principles and values related to justice, social welfare, and granting individual rights. Following are some aspects of Posbakum's role in reviewing Islamic law.
PERLINDUNGAN HAK PENGHAYAT KEPERCAYAAN DI INDONESIA DALAM PERSPEKTIF ISLAM Diding Wijaya; Abdur Rahim
Jurnal Ilmiah Hospitality Vol 12 No 2: Desember 2023 (In Press)
Publisher : Sekolah Tinggi Pariwisata Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47492/jih.v12i2.2979

Abstract

Indonesia has a diversity of local religions that have lived hundreds of years before independence. Currently, local religions are known as adherents of belief. In its history, adherents of this belief have experienced ups and downs to gain recognition from the State. For this reason, legal protection for adherents of belief is needed, which is then linked to Siyasah fiqh to understand the relation to Islamic law regarding adherents of belief. The purpose of this study is to determine the protection of the rights of adherents of beliefs in Indonesia, and to protect the rights of adherents of beliefs in Indonesia from an Islamic perspective. This research is a type of library research, data sources were obtained from literature searches such as journal articles, internet sites, books, legal materials (laws), as well as other research results relevant to this research topic. The results of this study are that the protection of the rights of adherents of faith in Indonesia has previously experienced discrimination and recognition that has ebbed and flowed from period to period. The graph gradually increased after the reformation, decreased slightly after the promulgation of the Population Administration Law and gradually increased again after a decision was made on an application submitted by adherents. protection of the rights of adherents of belief in Indonesia from an Islamic perspective is that Islam regulates freedom of religion and belief, protects the rights of citizens even if they are non-Islamic with a foundation of human unity, that Islam has the principles of Al-Adalah (justice), Al-Musawah (equality ), Karomah insaniyah (human honor) and so on, and this is as contained in Islamic teachings, and in accordance with the 1945 Constitution.
ANALISIS PERBANDINGAN SYARAT MENJADI KEPALA NEGARA MENURUT UNDANG-UNDANG NOMOR 7 TAHUN 2017 DAN FIQIH SIYASAH Bariz Fajar; Abdur Rahim
Jurnal Ilmiah Hospitality Vol 12 No 2: Desember 2023 (In Press)
Publisher : Sekolah Tinggi Pariwisata Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47492/jih.v12i2.2982

Abstract

The State of Indonesia is a country led by a President and Vice President, therefore the requirements for becoming a candidate for head of state are an important matter that must be considered for the smooth running of the state leadership system. In addition, Indonesia is also one of the countries with a Muslim majority, which is why the author tries to compare the requirements to become a candidate for head of state according to Law number 7 of 2017 article 169 and according to siyasa fiqh. The purpose of this study is to find out the requirements to become head of state according to law number 7 of 2017, to find out the requirements to become head of state according to fiqh siyasa, and to find out a comparative analysis of the requirements to become head of state according to law number 7 of 2017 and fiqh siyasa. In carrying out this research process, the author uses the library research method or library research in which research materials use various sources such as books, journals, laws and various previous studies. The approach taken by the author is aimed at a statute approach. This is because in conducting research, the researcher examines a law that is related to the topic under discussion. After conducting an analysis by carrying out the methods and approaches mentioned above, the author concludes that in both viewpoints each has its own advantages, one example is the point of the requirements to become a candidate for president and vice president according to law there are points which state that a prospective candidates must be at least 40 (forty) years old, this is certainly very influential in a person's maturity and wisdom as well as the ability to control emotions which is very important for state leaders to have. Meanwhile, according to the fiqh siyasa, the terms or criteria for becoming a head of state, the authors also found several important points that were not listed in the law, one example is that in Islam a state leader must have good health both physically and spiritually, this is an important aspect that must be almost always mentioned by every Islamic political figure so that it becomes an obligation that must be owned by a head of state. Besides the differences in the two views, of course there are many visible similarities so that it can be concluded that the two are synergized or related to each other.
Co-Authors Abdul Hamid Abdul Qodir Adam Malik Adem Deni Agus Sarifudin Agus Susanto Ahadul Fitri Hakim Ahmad Asrof Fitri Ahmad Cahyadi Ahmad Fauzi Ahmad Subandi Ahmad Zaelani Al Fathin Ramadhan Ali Aminulloh Ali Sodikin Alifah Fauziah Alisatus Sina Asshobri Alvi Syahrini Amalia Diniah Amir Rahman Hakim Anisa Fitri Al Husna Anisa Wardatuldiniah Anisah Fitri Anjar Sulistyani Anjar Sulistyani Anna Sofana Jannah Annisa Azzahra Annisa Fitria Nurjanah Annisa Kamalia Arif Budiman Arif Rahman Sholeh Arip Purnama Asyjarina Hasyyatil Hakim Azahra Auliadin Azzahra Auliadin A’alim Salam Alamsyah Bagus Tegar Awaluddin Bariz Fajar Bibit Bibit Cahyadi Cahyadi Daryino Daryino Dewi Utami Diding Wijaya Difa Farid Al-Fajri Dina Al Fajri Edi Mulyadi Elha Al Hafitsyah Elvin Nur Kharisma Fadillah Mulyadi Fahmi Abdilah Faidhol Anwar Fairuz Zahira Fajar Hidayat Farhan Roiddin Farid Anwar Fuadzi Fathur Ahsanu Fatikha Salsabila Fatmah Fatmah Fatur Padilah Fatur Rahman Al Mugni Firdaus Al Kamil Firdaus Al Kamil Fitri Nur Anisa Gina Sapitri Haeru Risman Hairun M. Rois Hamidah Mudafia Dinillah Hartono Hartono Hasanuddin Hasanuddin Hasanudin Hasanudin Henri Peranginangin Tanjung Henri Peranginangin Tanjung Husna Zulbi Aulia Ibnu Abidin Ikbal Hanafi Ikhfi Khoirunnisa Ima Hafidah Ima Hafidah Imam Fathan Mubin Imas Nurjamillah Indah Hafizhah Irvan Hasbiyulloh Isnaini Nurul Hanifah Jidan Ahmad Pratama Jihaddul Alfad Jundan Al Salam Aldin Kasiun Kasiun Khairil Anwar Khansa Silmi Nabilah Khisma Dina Khalisa Laili Nur Istiqomah Latifah Deviana Lukman Hakim Luthfi Hafifah Luthfia Al Kanza M. Nur Fauzy Mamat Mamat Mardiatun Nisa Ma’muri Ma’muri Miqdad Panji Asshobirin Miqdad Panji Asshobirin Mufidah Mufidah Mufni Amalia Muhamad Arifin Muhamad Ramdan Muhammad Abdul Jabar Muhammad Ali Al Azhar Muhammad Baldan Al-Kautsar Muhammad Haekal Muhammad Haikal Fadillah Muhammad Iqbal Robbani Muhammad Nur Fauzy Mujihadi Mujihadi Mukhtori Mukhtori Muthia Nur Afifah Naffisa Ulya Safitri Najmi Shabrina Nanang Suryana Nasywa Aqilah Haya Naufal Ghaly Rozani Naufal Ibnu Tsalis Nazwa Alaida Salsabila Ni'maturrodiyah Ni'maturrodiyah Novriwandi Novriwandi Nugraheni Kus Susilaningsih Nur Anisa Nur Asyifa Nur Haqilah Rosidah Nur Hidayah Nur Sabrina Fathimah Nurjanah Nurjanah Nurlaeli Rohmah Nuryani Nuryani Olive Nabata Partono Partono Patkur Rohman Permata Dewi Kania Puji Rasmuri Putri Nurul Mutiarahuda Putri Sekarwangi Rafi Darussalam Rahmawati Rahmawati Rahmawati Rahmawati Raihan Aflah Zakiyuddin Rifqiyati Nur Fauzi Rizal Adrian Rizka Nur Aulia Rizky Amelia Ramadhanti Rohmah, Siti Ngainnur Rudi Wahyu Suharto Sabrina Nur Fatimah Saepul Aziz Al-Haq Safara Diniah Sahid Anabah Saiman Saiman Salmiah Salsabilah Ilmar Fandini Samrodin Samrodin Samsul Arip Satiman Shabna Dafita Shakira Nurul Sakinah Shepti Maulia Shifa Alfiah Fajriah Silvi Aulia Siti Jubaedah Siti Komariyah Siti Medina Fadillah Siti Ngainnur Rohmah Slamet Riyadi Sobikhin Abddillah Hakim Nazil Suanda Suanda Sudrajat Fahri Sugeng Mariadi Suid Sukino Sukino Sularno Sularno Sumariyadi Sunarno Sunarno Supriyatno Supriyatno Suroyo Suroyo Suryadi Suryadi Susanti Susanti Susanto Susanto Syafira Laila Syaiful Hidayat Tardi Tardi Taufiqurachman Taufiqurachman Tohari Tohari Tsani Nurul Hanifah Ulla Sabrina Umar Hadid Vania Indah Sabilah Vania Indah Sabillah Warji Warji Warto Warto Wasto Wasto Wawan Hermawan Wawan Wawan Winona Nurhikmah Yasmin Ramadhanti Yudi Prasetyo Yuli Astuti Yuliadi Yuliadi Yulianti Yulianti Zahra Putri Alhaqni Zahra Putri Alhaqni Zamroni Zamroni