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All Journal AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW
Wery Gusmansyah
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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PEMBERHENTIAN KEPALA DAERAH KARENA MELAKUKAN TINDAK PIDANA KORUPSI MENURUT UNDANG-UNDANG HUKUM ISLAM Wery Gusmansyah
AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 3, No 1 (2018): Vol 3, No 1 Tahun 2018: Januari
Publisher : Fakultas Syari'ah Universitas Islam Negeri Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (413.999 KB) | DOI: 10.29300/imr.v3i1.2141

Abstract

Abstract: The process of dismissal according to the Act is without going through the proposal of the DPRD and being tried directly by the Corruption Court. When the file has been submitted to the court a temporary stop will be applied. After obtaining a permanent decision (inkracht), if proven to be innocent then no later than 30 days the Regional Head concerned will be reactivated. If proven guilty the President dismisses the Governor and / or Deputy Governor and the Minister dismissing the Regent and / or Deputy Regent and Mayor and / or Deputy Mayor. The case of corruption that is authorized to prosecute in Islamic law is the Mazhalim Court to decide on the case (verdict / verdict). Then the Amir was given 10 days after the ruling was issued to defend the charges. If the plea is rejected, then he is immediately dismissed if at least two-thirds of the members of Majelis al-Shura are present at the special session to carry out the dismissal. Furthermore, the authority to dismiss the Regional Head is the Caliph. In general, the mechanism of dismissal of Regional Heads has many differences but there are several aspects of equality such as the President / Caliph who has the authority to dismiss the Regional Head.Keywords: Dismissal, Regional Head, Corruption Crime, Islamic Law.
Democratic Ethics and Money Politics in Local Elections: An Islamic Legal Perspective Wery Gusmansyah; Zulkarnain Syapal
As-Siyasi: Journal of Constitutional Law Vol. 5 No. 2 (2025): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v52.28146

Abstract

Democracy in the village head election in Kaur Regency has shifted from the principles of ideal democratic ethics (trustworthiness, honesty, justice, accountability) towards the practice of money politics, which has the potential to violate Islamic values. This study aims to analyze the ethics of democracy in the village head election in Kaur Regency and evaluate it from an Islamic legal perspective (Siyāsah Syari'iyyah). The research employs a juridical-empirical approach using a qualitative descriptive method. Data were collected through in-depth interviews with community leaders, election committee members, and village head candidates across several villages in Kaur Regency. The findings reveal that the practice of money politics occurs systematically in the village head election in Kaur Regency, where each candidate gives money to voters, including close family members, to win the election. According to Islamic law, the practice of money politics in village head elections is categorized as rishwah (haram), unless it is done with the intention of establishing justice and eliminating oppression, in accordance with the principle of sadd adz-zari'ah
Co-Authors Zulkarnain Syapal