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All Journal Yuridika Volksgeist: Jurnal Ilmu Hukum dan Konstitusi
Agus Riwanto
Fakultas Hukum Universitas Sebelas Maret
Law, Crime, Criminology & Criminal Justice

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The Construction of Law Neutrality of State Civil Apparatus in the Simultaneous Local Election in Indonesia Agus Riwanto
Yuridika Vol. 34 No. 2 (2019): Volume 34 No 2 May 2019
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (293.79 KB) | DOI: 10.20473/ydk.v34i2.7926

Abstract

This article will examine and explore the urgency of the state's civil apparatus to be neutral in the simultaneous local election. State civil apparatus is an apparatus that works to serve the public interest rather than serve a particular group. That is why the need for the construction of constitutional law in an effort to create regulations in order the state civil apparatus has to be neutral. The construction by progressive constitutional law is by looking for new ways or role breaking and innovative breakthroughs, if the normal way and normative unable to immediately realize the objectives of the simultaneous local elections. There are three ways: First, to revoke the right to vote of state civil apparatus in the general election. Second, models political apointee  bureaucracy in the local government. Third, change the model of career guidance state civil apparatus fom government regional autonomy to the central government by rank or class.
Realizing Welfare State and Social Justice: A Perspective on Islamic Law Agus Riwanto; Sukarni Suryaningsih
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 5 Issue 1 (2022) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi
Publisher : Faculty of Sharia, Islamic State University (UIN) Prof. K.H. Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (392.505 KB) | DOI: 10.24090/volksgeist.v5i1.6430

Abstract

The function of the state in exercising power is to ensure social justice for its people. To make it happen, efforts are needed to explore the concept of statehood. In its development there are two concepts of statehood, namely the welfare state and liberal states or capitalism state. Both are different and tend to be contradictory. This article aims to study and explore about Maqashid As-shari'ah (the principles or purposes of Islamic law) in order to bridge the conflict between the two concepts of statehood. The method used is socio-legal research, which is legal research using interdisciplinary. Data is obtained from the library or library recearch. The results showed that the concept of the welfare state demands the role of the state in distributing socio-economic justice, while the concept of a liberal state marginalizes the role of the state in the distribution of socio-economic justice and submits to market mechanisms. In state practice the concept of a liberal state defeats the concept of a welfare state. As a result the function of the state shifted towards the market and turned its face into an inhuman capitalist economy. Islam can be used as a solution and bridge the conflict between the two concepts of statehood. By placing the politics of Islamic law based on the Maqasid asy-Shari'ah as the solution, namely putting the principles of shari'ah economy in the form of banning usury, prioritizing justice, togetherness and prudence which in practice can be a Shari'ah business, as reflected in Law Number 21 of 2008 concerning the Development of Shari'ah and the principle of good governance according to Shari'ah in the form of shiddiq (honest), istiqamah (firm in the establishment), fathanah (intelligence: ratio, taste and divinity), trust (accountability).
Co-Authors Suryaningsih, Sukarni