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All Journal Hukum Islam Pagaruyuang Law Journal Masyarakat Indonesia TAMWIL: Jurnal Ekonomi Islam JURIS (Jurnal Ilmiah Syariah) Jurnal Integrasi Ilmu Syariah (Jisrah) Journal of Islamic Economics Lariba Al Ushuliy Jurnal Masyarakat Religius dan Berwawasan Alfuad: Jurnal Sosial Keagamaan
Utamy, Hebby Rahmatul
Universitas Islam Negeri Mahmud Yunus Batusangkar
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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ANALYSIS OF BAWASLU'S AUTHORITY IN HANDLING ELECTION VIOLATIONS AFTER THE DETERMINATION OF ELECTION RESULTS ACCORDING TO JURIDICAL AND FIQH SIYASAH DUSTURIYAH Hidayat, Rahmat; Maghfira, Saadatul; Efendi, Roni; Utamy, Hebby Rahmatul
Hukum Islam Vol 23, No 2 (2023): HUKUM ISLAM
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v23i2.25173

Abstract

The focus of the research is the authority of Bawaslu in dealing with election violations after the determination of election results nationally according to Law Number 7 of 2017 concerning General Elections and how the fiqh dusturiyah fiqh review of the authority possessed by Bawaslu. This research is normative legal research. Based on the results of the research, it can be explained that Bawaslu in dealing with election violations after the determination of election results nationally in its implementation raises a separate problem because Bawaslu is very likely to issue decisions that can have implications for changes in the results of the votes acquired by election participants if the handling of violations is carried out after the determination of national election results. The practice of implementing Bawaslu's authority in dealing with violations that have an impact on the results of the vote acquisition after the determination of the national election results conflicts with the authority of the Constitutional Court so that it allows for overlapping of the authority of Bawaslu in following up on alleged election violations with the authority held by the Constitutional Court to resolve disputes over General Election Results Disputes (PHPU). The fiqh siyasa dusturiyah review of the authority of Bawaslu is not by the values in the Qur'an and fiqh siyasa dusturiyah related to the study of al-hisbah as an institution authorized to carry out supervision aimed at realizing amar ma'ruf nahi munkar which in principle is to bring benefits and reject mafsadat.
Building Public Order through Siyasah Dusturiyah: The Role of Government in Preventing Illegal Street Racing Rahmadini, Rahmadini; Nurhikma, Nurhikma; Utamy, Hebby Rahmatul; Putri, Dewi
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 5, No 3 (2024)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v5i3.13753

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Abstract: The main issue discussed in this thesis is the ongoing occurrence of illegal racing in Bukittinggi, which contradicts the Bukittinggi Regional Regulation No. 3 of 2015 on Public Order and Tranquility, specifically Article 10, letter a, which prohibits any individual from engaging in racing, speeding, or standing on the road without permission. The purpose of this research is to examine the form of law enforcement by the Civil Service Police Unit (Satpol PP) in addressing illegal racing in Bukittinggi and to analyze the perspective of *Siyasah Dusturiyah* on the authority of Satpol PP in enforcing Bukittinggi Regional Regulation No. 3 of 2015. This research is field research with a descriptive qualitative approach. Primary data sources include Civil Servant Investigators (PPNS) from the Bukittinggi Satpol PP and individuals involved in illegal racing activities. Secondary data sources include the local community around the illegal racing locations. The findings of this study show that Satpol PP’s efforts to combat illegal racing in Bukittinggi are in two forms. First, the pre-emptive law enforcement focuses on prevention through education and outreach activities conducted directly to the public and through media. Second, preventive law enforcement is aimed at preventing legal violations or criminal acts before they occur, such as conducting routine patrols in areas prone to illegal racing and collaborating with related institutions like the Police and the Department of Transportation. Viewed from the Siyasah Dusturiyah perspective, the authority of Satpol PP is relevant to the concept of Wilayatul Hisbah and Ulil Amri. Wilayatul Hisbah emphasizes the task of supervision and enforcement of goodness (amar ma'ruf) and the prevention of wrongdoing (nahi munkar). The enforcement of illegal racing regulations is a form of nahi munkar carried out by Satpol PP to ensure that public behavior remains within safe and lawful boundaries. This action by Satpol PP is in line with the principle of Ulil Amri, which stresses the importance of legitimate authority in maintaining public welfare and safety.
Co-Authors Afdi Bima Dewi Putri Efendi, Roni Elimartati Elimartati Erwin Radon Ardiyanto Farida Arianti Frida Amelia Hidayati Fitri Maghfira, Saadatul Muhammad Rizky Prima Sakti Mustaqim Mustaqim Nurhikma . Nurhikma, Nurhikma Putra, Muhammad Deni Rahmadini, Rahmadini Rahmat Hidayat Roni Efendi Roni Efendi Roni Efendi Roni Efendi Saadatul Maghfira Ulya Atsani Utari Aulia Rifmadani Wahyu Putra Utama Yose Rizal Yossy Deslavia