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All Journal JURNAL MAHKAMAH El-Ghiroh : Jurnal Studi Keislaman
Tomi Agustian
IAIN Curup
Religion Humanities Education Law, Crime, Criminology & Criminal Justice

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The Problems of the Independence of Judicial Power in Indonesia in a Review of Islamic Law Tomi Agustian; Choirul Salim
Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Vol 6 No 2 (2021): Jurnal Mahkamah: Kajian Ilmu Hukum dan Hukum Islam
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v6i2.1896

Abstract

Article 24 paragraph 1 of the 1945 Constitution "Judicial power is an independent power to administer justice to uphold law and justice". Will However, Article 24A paragraph 3 makes a provision that candidates for Supreme Court judges are proposed by the Judicial Commission to the DPR for approval and subsequently appointed as Supreme Court justices by the president and the Supreme Court Law states that the appointment of Supreme Court Judges is carried out by the President at the proposal of the DPR or the dismissal of the Chair, Deputy Chairperson. , Junior Chairmen, and Member Judges of the Supreme Court are dismissed by the President at the suggestion of the Supreme Court, so that the President has loopholes that can later affect the psyche of judges in making decisions. This study aims to determine the independence of judicial power in Indonesia in the perspective of Islamic law. This study uses a normative and juridical approach. The authors conclude that the proposal for the appointment and dismissal of Supreme Court judges by the Judicial Commission, the DPR and the President may affect the psychology of a judge in making a decision so that This can eliminate the meaning of Article 24 paragraph 1 of the 1945 Constitution which shows the lack of independence of the judicial power in upholding justice in accordance with the ideals of the 1945 Constitution. Indeed, in the history of the Islamic judiciary, it is the Caliph (President) who has the authority to appoint and dismiss a judge/qhadi. judges have a fear of Allah so that judges decide cases based on Islamic law.
Demokrasi Islam dalam Pandangan Muhammad Natsir dan Muhammad Abid Al-Jabiri Tomi Agustian
El-Ghiroh : Jurnal Studi Keislaman Vol 18 No 01 (2020): Februari 2020
Publisher : Sekolah Tinggi Agama Islam (STAI) Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/el-ghiroh.v18i01.158

Abstract

Muhammad Natsir is an Indonesian thinker and politician, including those who take note. He prefers to combine the concept of Western democracy with Islamic values, thus bringing up the concept of theistic democracy. While on the other hand there is Muhammad Abid al-Jabiri who feels that democracy is a 'necessity' for every nation. The argument he built was not because of the compatibility between democracy and Islam, but rather because of the reality faced by the Arabs. Natsir and al-Jabiri were religious nationalists who fought for democracy. Because this research is a study of the history of thought, the approach used is a socio-historical approach, which is an approach used to determine the socio-cultural and socio-political background of a character, because the thought of a character is the result of interaction with the environment. Natsir uses the reconstruction method while al-Jabiri uses the deconstruction method. Both are included in the category of reformistic typology thinkers, namely those who believe that turâŝ and modernity are both good. Therefore, trying to harmonize tour and modernity by not violating common sense and rational standards.
Coitus Interuptus sebagai Upaya Pencegah Kehamilan Dalam Hukum Islam (Studi Komparatif Menurut Al Gazali dan Ibnu Al-Qayyim) Tomi Agustian; Lentiara Putri
El-Ghiroh : Jurnal Studi Keislaman Vol 18 No 2 (2020): September 2020
Publisher : Sekolah Tinggi Agama Islam (STAI) Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/el-ghiroh.v18i2.237

Abstract

This study aims to describe and analyze the opinions of al Gazâlî and Ibn Qayyim al-Jauziyyah regarding the right to enjoy sexual relations for husbands and wives during interrupt intercourse, a literature study research method. conclusions al-Gazalî is a memorandum of understanding of the Shyay'iyyah scholars, allowing the alliance to interrupt absolutely, almost the same as al-Gazalî, Ibn al -Qayyim also allows the practice of interrupt intercourse but with the condition of permission from the wife first. Mafhum mukhalafah if the wife does not allow it, then interrupt intercourse should not be done. The evidence used by Ibn al-Qayyim for the ability of intercession is the same as that of al-Gazâlî, the hadith from Jâbir regarding the ability of this practice as an attempt to prevent pregnancy at that time. Ibn al-Qayyim's view is more concerned with women's rights than that of al-Gazalî because the wife's permission is used as a condition for the ability to have intercourse with interruptions.
Co-Authors Choirul Salim Lentiara Putri