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Journal : AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW

Analisis Fiqh Siyasah Dusturiyah dalam Pembentukan Peraturan Tentang Trading in Influence dalam Hukum Positif di Indonesia Rinaldo, M. Edwar; Pradikta, Hervin Yoki
As-Siyasi: Journal of Constitutional Law Vol. 1 No. 1 (2021): 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.v1i1.8955

Abstract

The mode of corruption and crime from time to time has undergone a significant change. This can be seen from the various corruption cases managed by law enforcers, both by the Corruption Eradication Commission, the Police and the Attorney General's Office. Influence trading in reality in the United Nation Convention Against Corruption (UNCAC) has been categorized as a form of corruption. This is regulated in article 18 of the convention. As a country that has ratified the UNCAC, Indonesia still has not regulated this trade of influence. However, if we examine a number of cases handled by law enforcers such as the KPK (Anti-Corruption Comission), it clearly has this dimension of influence. Such as the chairman of a political party and the family of a public official who takes advantage of their position and closeness to public officials. From this influence there is an undue advantage (undue advantage). In the view of Islam, this is one of the deviant behaviors that will result in a poor work ethic because it tends to give an affair or case that is not the expert. The authorship uses the method of research in a normative juridical manner, where the author uses laws, journal articles, books and documents that support in analyzing the interpretation of fiqh siyasah dusturiyah in the formation of regulations on Trading in Influence (trading influence) in positive law, its formation or by updating existing laws by accommodating the delik trading in influence contained in the UNCAC into Law No.31 of 1999 jo Law No.20 of 2001 on Corruption Crimes , with Ijtihad (ra'yu) from the role of Ahlu al halliwal Aqdhi he has the right to form and revise the rule of law in force, Consequently ratified united nation convention against corruption (UNCAC) by Indonesia through Law No. 7 of 2006 on Ratification of UNCAC is a necessity to adopt norms that are considered important into positive law in Indonesia.
Pelaksanaan Pelayanan Kesehatan Penyandang Disabilitas: Perspektif Fiqih Siyasah Mustika, Rindy; Yoki Pradikta, Hervin
As-Siyasi: Journal of Constitutional Law Vol. 1 No. 2 (2021): 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.v1i2.11368

Abstract

Article 12 Sub C of Law Number 8 of 2016 concerning Health Services for Persons with Disabilities is present by giving responsibility to the government for the right to health services for persons with disabilities. As explained in Article 12 of Law Number 8 of 2016 namely: "That persons with disabilities have the right to obtain equality and opportunity for safe, quality, and affordable health services". Persons with disabilities are also citizens of the Republic of Indonesia who in the 1945 Constitution are guaranteed to have the same position, rights, obligations and roles as other citizens. Inpatient Puskesmas Katibung South Lampung is a health center that has the widest working area compared to other health centers in Katibung, South Lampung. So the Katibung Inpatient Health Center, South Lampung, plays an important role in providing health services for all people in the working area of the health center, without exception for people with disabilities. The formulation of the research problem is how to the right to health services for persons with disabilities from the fiqh siyasah perspective at the Katibung Inpatient Health Center. This study aims to determine how the implementation of the fulfillment of the right to health services for persons with disabilities in the fiqh siyasah perspective at the Katibung Inpatient Health Center. As for this writing, using field research methods means that this research is carried out by going directly to the field that will be the object of research. Sources of data used in this study are secondary data such as books, journals, government publications and primary data such as observations and interviews, so as to obtain primary data it is clear that a population and sample are needed in this study. The total population in this study was 159 people and took a sample of 10 people using purposive sampling technique. In this study, it was revealed that health services for persons with disabilities were still not fully fulfilled due to the absence of information and data collection, stigmatization and socio-cultural factors.  
The Dominance of Coalitions and the Weakening of the Opposition: Implications for the Principle of Checks and Balances Post-2019 Election Frenki, Frenki; Pradikta, Hervin Yoki
As-Siyasi: Journal of Constitutional Law Vol. 4 No. 2 (2024): 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.v4i2.25813

Abstract

Indonesia, as a democratic state, requires the existence of an opposition to perform the functions of oversight, control, and criticism of the government. However, political realities reveal that many party elites prefer to form coalitions by placing their trusted allies in the cabinet rather than serving as the opposition. This study examines the state of coalitions and opposition in parliament following the 2019 General Election and their implications for the principle of checks and balances. It employs a normative method with a statutory and conceptual approach, analyzing secondary data comprising primary, secondary, and tertiary legal materials descriptively. The findings indicate that major political parties that previously acted as opposition during the 2019 General Election joined the government coalition. This situation strengthened the government's position in formulating policies with minimal resistance. Conversely, the opposition seized this opportunity to secure positions within the government. Although the principle of checks and balances continues to function post-2019, it has proven ineffective due to the limited number of opposition parties. Consequently, government-proposed legislation is frequently passed without significant debate in parliament. This reality negatively impacts Indonesia's democracy, reducing the effectiveness of oversight over executive power. The study concludes that the dynamics of coalitions and opposition post-2019 General Election have weakened the principle of checks and balances, ultimately jeopardizing the quality of democracy in Indonesia.