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All Journal DE JURE Hukum Islam Jurnal Hukum IUS QUIA IUSTUM Ahkam: Jurnal Hukum Islam Jurnal Konstitusi Jurnal Ilmiah Hukum LEGALITY JUSTITIA JURNAL HUKUM Ajudikasi : Jurnal Ilmu Hukum Al-Daulah : Jurnal Hukum dan Perundangan Islam JWP (Jurnal Wacana Politik) Jurnal Hukum Respublica Tribakti: jurnal pemikiran keIslaman Veteran Law Review Majalah Hukum Nasional Jurnal Rechts Vinding : Media Pembinaan Hukum Nasional Electoral Governance : Jurnal Tata Kelola Pemilu Indonesia NEGREI: Academic Journal of Law and Governance Jurnal Konstitusi Verfassung: Jurnal Hukum Tata Negara TANFIDZIY : Hukum Tata Negara dan Siyasah Jurnal Review Politik Legacy: Jurnal Hukum dan Perundang-undangan Tribakti: Jurnal Pemikiran Keislaman Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum Jurnal Legislasi Indonesia
Mahardika, Ahmad Gelora
Hukum Tata Negara Institut Agama Islam Negeri Tulungagung
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Reposisi Pancasila dari Norm Menjadi Values sebagai Integrasi Pancasila dan Islam Fatayati, Sun; Mahardika, Ahmad Gelora
Tribakti: Jurnal Pemikiran Keislaman Vol. 32 No. 1 (2021): Tribakti: Jurnal Pemikiran Keislaman
Publisher : Universitas Islam Tribakti (UIT) Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/tribakti.v32i1.1404

Abstract

Pancasila and Islam are two ideologies that are often seen as different. This can be seen from the history of the Indonesian state administration where it is recorded that Pancasila was used as a tool for the Government to dissolve organizations and parties with Islamic nuances, namely Masyumi and HTI. The contradiction was caused by the Government placing Pancasila as part of legal norms, not values. Even though the consequence of placing Pancasila as a legal norm should be that there should also be an agency authorized to conduct trials. However, unlike other legal norms, there is no single institution that has the authority to test Pancasila. In addition, according to experts, Pancasila is a building of values which is the way of life of the Indonesian people. The research method in this article is normative juridical. The result states that Pancasila should be positioned as a value, not as a legal norm.
Reposisi Pancasila dari Norm Menjadi Values sebagai Integrasi Pancasila dan Islam Fatayati, Sun; Mahardika, Ahmad Gelora
Tribakti: Jurnal Pemikiran Keislaman Vol. 32 No. 1 (2021): Tribakti: Jurnal Pemikiran Keislaman
Publisher : Universitas Islam Tribakti (UIT) Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/tribakti.v32i1.1404

Abstract

Pancasila and Islam are two ideologies that are often seen as different. This can be seen from the history of the Indonesian state administration where it is recorded that Pancasila was used as a tool for the Government to dissolve organizations and parties with Islamic nuances, namely Masyumi and HTI. The contradiction was caused by the Government placing Pancasila as part of legal norms, not values. Even though the consequence of placing Pancasila as a legal norm should be that there should also be an agency authorized to conduct trials. However, unlike other legal norms, there is no single institution that has the authority to test Pancasila. In addition, according to experts, Pancasila is a building of values which is the way of life of the Indonesian people. The research method in this article is normative juridical. The result states that Pancasila should be positioned as a value, not as a legal norm.
Koalisi Kompromistis Berbasis Kepentingan dalam Integrasi Sistem Pemerintahan Presidensial dan Multi Partai Mahardika, Ahmad Gelora
Jurnal Review Politik Vol. 9 No. 1 (2019): June
Publisher : Fakultas Ushuluddin dan Filsafat UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/jrp.2019.9.1.%p

Abstract

Since the reform era, Indonesia has implemented a presidential government system combined with a multi-party system. The consequence of this system is that political parties are forced to make coalitions with other political parties. Whereas the coalition is usually applied in a country that adheres to a parliamentary system of government, this is because in a parliamentary system, the parliament has the power to dismiss the President or Prime Minister from his position as head of government. Meanwhile in a country with a presidential system, the coalition actually held the President hostage to political interests and was forced to compromise with the supporting political parties. Issues that later arose, the coalition built through the integration of these two systems was not based on similar ideology or vision and mission, but was based on pragmatic political interests. Therefore this article tries to prove this hypothesis by using comparative studies in other countries that apply concepts similar to those in Indonesia, namely Brazil, Bolivia and Chile.
Modifikasi Dimensi Hoax dan Negative Campaign dalam Pemilihan Umum Sebagai Wujud Pemenuhan Hak Kebebasan Berpendapat Mahardika, Ahmad Gelora
TANFIDZIY Vol 3 No 1 (2024): Tanfidziy: Jurnal Hukum Tata Negara dan Siyasah
Publisher : Constitutional Law and Siyasah Department, Sharia and Law Faculty, IAIN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/tanfidziy.v3i1.2089

Abstract

The election is a regular political momentum in the Indonesian constitutional system. History records that elections have always been a political contestation that presents various dynamics at the national and local levels. This dynamic has various forms, including hoax news or negative campaigns whose truth cannot be verified. However, the Indonesian legal system still needs to provide a concrete definition regarding the differentiation of meaning between insult and criticism. That causes the perpetrators of the criminal act of spreading hoaxes to be interpreted unilaterally by law enforcement even though it was criticism. On the other hand, as the supreme leader of law enforcement, the government has the potential to abuse power and intervene in law enforcement processes, which can disrupt Indonesia's democratic process in elections. Based on this, the idea of modifying the dimensions of hoaxes and negative campaigns in elections, especially related to the criminal system, is urgent. The hypothesis in this study is that it is necessary to modify the dimensions of the election, especially those governing the electoral criminal system as a form of state existence to present democratic elections.
Harmonisation Of Sharia-Based Regional Regulations In Banjarmasin City With The Constitution: A Normative Juridical Study Prasetia, Trenadi; Abdillah, Muhammad Torieq; Mahardika, Ahmad Gelora
Hukum Islam Vol 25, No 2 (2025): ISLAMIC LAW
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v25i2.38828

Abstract

This study aims to examine the conformity of sharia-based regional regulations in Banjarmasin City with the 1945 Constitution of the Republic of Indonesia and to formulate harmonization strategies to ensure that such regulations remain consistent with the principles of the rule of law, legal pluralism, and the protection of constitutional rights. This research employs a normative juridical method using statutory, conceptual, and case approaches. The data were collected through a literature review of relevant legislation, sharia-based regional regulations in Banjarmasin City, and legal scholarship, and were analyzed qualitatively using systematic and constitutional interpretation. The findings indicate that several sharia-based regulations contain provisions that potentially conflict with constitutional principles, particularly freedom of religion, equality before the law, and non-discrimination. Although these regulations were enacted based on the aspirations of the local majority and intended to promote morality and public order, their implementation has not fully accommodated societal diversity and constitutional rights. This study proposes harmonization through substantive normative revisions, the application of inclusive legal principles, and the establishment of continuous evaluation and monitoring mechanisms. The results of this research are expected to contribute to policy formulation by local governments in developing regional regulations that are constitutional, equitable, and responsive to legal and social pluralism.
Co-Authors Abdillah, Muhammad Torieq Ahmad Musonnif Daud, Aidir Amin Fatayati, Sun Maratus, Nuril Farida Muttaqin, Muhammad Ngizzul Prasetia, Trenadi Rizky Saputra, Rizky