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Journal : JOURNAL of LEGAL RESEARCH

Analysis of the Comparative Western Democracy, Pancasila Democracy, and the Concept of Shura; Study of the Book Manuscript "Democracy in Islamic Perspective by Ahmad Sukardja and Ahmad Sudirman Abbas" Nurhasan Nurhasan; Siti Ngainnur Rohmah
JOURNAL of LEGAL RESEARCH Vol 3, No 2 (2021)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v3i2.20620

Abstract

Democracy that comes from the West is often juxtaposed with the concept of shura in Islam. The concept of shura is often seen as having an intersection with democracy. There are those who agree and there are those who are not in line with democracy. Those who agree with democracy argue that the value of democracy is universal and can coexist with Islam. The opinion that rejects an Islamic state (caliphate) and justifies democracy states that the legacy of the Islamic political system is based on the experience of the Caliphate with no standard standards. The author is interested and compelled to examine how Western Democracy, Pancasila Democracy, and the concept of Shura in an Islamic perspective? How do we compare the principles of western democracy, Pancasila Democracy and the concept of Shura in the book "Democracy in an Islamic perspective by Ahmad Sukardja and Ahmad Sudirman Abbas?" This study uses a qualitative research method, with a manuscript study approach. The results of this study state that Western Democracy and Pancasila Democracy in essence do not contradict the Shura principles, as long as the principles in them are in accordance with the essence of Islamic teachings. Western democracy is bound by equality of blood, race, language, and customs, whereas in Islam it does not see this bond as a barrier. Al-Qur'an and Al-Sunnah are more general in nature and cover all aspects of human life throughout the world. Meanwhile, Pancasila Democracy is only suitable for a country.Keyword: Western Democracy, Pancasila Democracy, Shura Concept, Islamic Perspective 
Dispute Settlement of Regional Head General Election Results On the Difference in Voting; Analysis of the Decision of the Constitutional Court No.28/PHP.BUP-XVI/2018 Regarding the Determination of the Regional Head of Bogor Regency 2018 Muhammad Latief; Siti Ngainnur Rohmah
JOURNAL of LEGAL RESEARCH Vol 3, No 3 (2021)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v3i3.20932

Abstract

The dissatisfaction of the Bogor Regency Regent and Deputy Regent candidates caused the Jaro Ade-Inggrid Kansil pair to sue the Bogor KPUD at the Constitutional Court. After carrying out the trial by examining the evidence and listening to witnesses, the Constitutional Court issued a shocking decision. In the decision of the Constitutional Court Number 28/PHP.BUP-XVI/2018, the Constitutional Court considered that Article 158 paragraph (2) letter d of the Pilkada Law stated that the determination of the results of the vote count with the provisions of districts/cities with a population of more than 1,000,000 people, Disputes over the acquisition of votes can be made if there is a difference of at most 0.5 percent of the total valid votes from the final stage of vote counting for Regency/Municipal KPU. This study uses a literature review research method with a legal approach, namely research on legal products. After being researched, it was found that the dispute resolution process of the post-conflict local election results was in accordance with the judicial procedural law at the Constitutional Court.
Implications of the Second Amendment to Law Number 17 of 2014 on the Performance of Members of the House of Representatives in the Perspective of Fiqh Siyasah Erik Yudistira; Siti Ngainnur Rohmah
JOURNAL of LEGAL RESEARCH Vol 3, No 5 (2021)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v3i5.24982

Abstract

Transparency in the legislative process is essential for the successful implementation of legislation that is in the public's best interests. As previously indicated, when one examines the problematic rules contained in this new iteration of the MD3 Law, one will find several articles that contribute to non-transparency in various actions carried out inside the DPR, particularly in the Baleg DPR. understand the legal rules contained in Law Number 17 of 2014 concerning MD3 that pertain to the performance of the DPR; in addition, understand the implications of the DPR's performance of the legislative function contained in Law Number 17 of 2014 concerning MD3 from the perspective of Siyasah Fiqh. A legal approach is taken in the research, which is done through normative legal research or library law research with a legal approach, in this case, research on legal products. The findings revealed that the legislative function of the DPR-RI as Ahlul Halli Wal Aqdi from the standpoint of fiqh siyasah increased from 16 (sixteen) bills in the 2016–2017 session year to 17 (seventeen) bills in the 2015–2016 session year, compared to the previous year. In comparison to the aim set for the 2017 Annual Priority National Legislation Program, which is 49 bills, this rise appears to be less substantial. According to Fiqh Siyasah, Ahlul Halli Wal Aqdi must prioritize policies that are beneficial to Islam and refrain from establishing laws that are in conflict with the Qur'an. Meanwhile, members of the DPR may amend rules that are in conflict with religious beliefs so long as the rules are state policies that are approved by a majority of its members.
Green Open Space Governance Strategy Against City Development in East Jakarta Mayor Perspective of Law Number 26 of 2007 concerning Spatial Planning Pamungkas Alukman Nulhakim; Siti Ngainnur Rohmah; Abu Tamrin; Mufidah Mufidah
JOURNAL of LEGAL RESEARCH Vol 4, No 2 (2022)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v4i2.25602

Abstract

The existence of Law Number 26 of 2007 concerning spatial planning is a shared hope, both for the local government and the community in East Jakarta Municipality. Urban problems arise due to unclear urban spatial planning, as well as inconsistencies in environmental management. The purpose of this study is to explain the importance of managing urban spatial planning as a strategy for designing and developing environmentally friendly areas in East Jakarta Municipality based on Law Number 26 of 2007 concerning Spatial Planning. The research method used is qualitative with a normative and empirical juridical approach. The results of the study found that one of the benchmarks for the application of the Green City concept is the existence of Green Open Space (RTH) in urban areas. Green Open Space in a city must meet a minimum area of 30% of the total land area, with a composition of 20% public green open space and 10% private green open space (Law No. 26 of 2007).
The Role of Village Apparatus in Managing Village Assets Based on the Regulation of the Minister of Home Affairs Number 1 of 2016 Fitriani Hakim; Siti Ngainnur Rohmah
JOURNAL of LEGAL RESEARCH Vol 4, No 3 (2022)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v4i3.27250

Abstract

Village officials play an important role in managing village assets because they are assets owned by the village, although in managing village assets still have certain limitations, especially in the organization of government. This paper provides an understanding of how village asset management is based on Permendagri Number 1 of 2016 and how the role of langonsari village apparatus, Pameungpeuk District, Bandung Regency in managing village assets. This research is a qualitative research. The data collection technique was carried out by means of field research, using observation methods, and interviews with the Village Head, Village Secretary and several representatives of village officials in Langonsari Village, Pameungpeuk District, Bandung Regency, totaling 5 informants. The results showed that the role of village officials in managing village assets has not gone well, so that the results are not optimal in managing the village's assets. In addition, there are also obstacles such as lack of HR competence and village officials who do not know the specifics of village asset management which greatly affects the implementation in the utilization or management process. Which causes the implementation of village asset management in Langonsari Village has not been in accordance with the regulation of permendagri Number 1 of 2016 concerning Village Asset Management.
Co-Authors Abdur Rahim Abdur Rahim Abdur Rahim, Abdur Abidin, Ibnu Abu Tamrin Ahmad Fachrur Akmal, Najmuddin Al Fikri, Muhamad Mufid Al Munawar, Kholil Alfad, Jihaddul Alfi Satria Ali Aminulloh Ali Sodikin Almaarif, Azhar Amalia Andini Aminulloh, Ali Andini, Amalia Anggi Safitri Anida Atulloh Hanifa Annisa Azzahra, Annisa Annisa Fitri Annisa Fitri, Annisa Arrasyid, Muhammad Ikhwan Asep Mahbub Junaedi Aulia Madaniah Azis Rijal Muklis Azizah, Jihadini Nur Azzahra Auliadin Badriyono Badriyono Barra Ma’rifah, Brilliant Budi Prastya Nugroho Budiyanto Budiyanto Dadan Mardani Dewanti, Tri Mustika Diding Sariding Difa Farid Al-Fajri Ebta Yulianto Erik Yudistira Fadilah Al-Madani Fadillah, Muhammad Haikal Fath, Imam Nur Sidiq Al Firdaus Al Kamil Fitri Rachmiati Sunarya Fitri, Anisa Fitria Al Munawar Fitriani Hakim Gunawan Pujiyanto Guntur Budi Prasetyo Hadid, Umar Haekal, Muhammad Haeru Risman Haq, Isa Anshori Al Hastuti, Yusriana Maida Haya, Nasywa Aqilah Ibnu Salam Al-Mawarid Ikmal, Muhammad Imam Fatkhan Mubin Imam Prawoto Imas Nur Jamillah Imas Nurjamillah Indah Hafizhah Isa Anshori Al Haq Islami, Bilat Nur Iwan Iwan Jannah, Miyatu Al Jihadini Nur Azizah Junaedi, Asep Mahbub Kamil, Ihsan Khisma Dina Khalisa M. Isa Asyrofuddin Marsudi Marsudi Mufidah Mufidah Mufidah Mufidah Mufidah Mufidah Mufidah Mufidah Muhamad Ramdan Muhamad, Fiqri Rizaldi Muhammad Abdul Jabar Muhammad Isa Asyrofuddin Muhammad Latief Munawir Sajali Nabilah, Khansa Silmi Nana Turyana Naufal Ghaly Rozani Nisa, Ikhfi Khoirun Nugroho, Budi Prastya Nur Anisa Al Maulida Nurhasan Nurhasan Nurmadhani, Wilda Nurrohman Nurrohman Pamungkas Alukman Nulhakim Paujiah, Syifa Prawoto, Imam Puji Puji Pungki Harmoko Putri, Amelia Fajri Ramlan Harun Rasyid Ashidiq Refly Setiawan Rijal, Ahlan Khoir Syah Risman, Haeru Roiddin, Farhan Sabililah, Sabi Sabrina, Ulla Sajali, Munawir Sakinah, Shakira Nurul Sapitri, Gina Setiawan, Rizal Ahmaludin Shabna Dafita Sidiq, kholaif Aulia SOBIRIN Soleha, Anisatul Sriyoto Suanda Suanda Sugimin Sujarwo Sujarwo Sukamto Sukasna Sukasna Suwito Suwito Syafri Rajabullah Taufiqurachman Taufiqurachman Teguh Rahayu Wiyono Thoriq Azhar Zulkarnain Tofa Fidyansyah Waryanto Waryanto Widiastuti, Nining Wildan Taska Wiyono, Teguh Rahayu Yadi Supriyatna Yunus, Nur Rohim Yusriana Maida Hastuti Zahra Putri Alhaqni