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The Role of Indonesian Constitutional Court In Protecting Energy Security Armia, Muhammad Siddiq
Jurnal Konstitusi Vol 13, No 2 (2016)
Publisher : Mahkamah Konstitusi Republik Indonesia

After more a decade, Indonesian Constitutional Court (ICC) has importantly played a significant role in the law reform, such as protecting energy security through their judgements. ICC comes out of the box, creating unpredictable judgements, and ensuring the justice values. In protecting energy security ICC makes important breakthrough with reviewing Act Number 22 of 2001 on the Oil and Earth Gas, Act Number 4 of 2009 on the Mineral Mining and Coal, and invaliding Act Number 20 of 2002 on the Electrical Power. Those acts contradict the basic norm in the 1945 Constitution. Although creating public debate, ICC judgment should be appreciated.

PENGHAPUSAN PRESIDENTIAL THRESHOLD SEBAGAI UPAYA PEMULIHAN HAK-HAK KONSTITUTIONAL Armia, Muhammad Siddiq
Petita : Jurnal Kajian Ilmu Hukum dan Syariah Vol 1, No 2 (2016)
Publisher : State Islamic University (UIN) Ar-Raniry

The removal of the presidential threshold system, on the one hand, has made a positive impact on the development of democracy in Indonesia. It can restore the basic rights of the citizens in the constitution (remedy of constitutional rights) that had been hurt by the threshold. The advantages include the minor partiesâ€™ opportunity to propose their respective presidential candidates and also the prospect of having more diversed presidential candidates. The new system will allow the president to be at ease in carrying out the governmental duties due to the absence of the dominant partiesâ€™ intervention in the parliament. However, the weaknesses of the abolition of the presidential threshold should also be of concern because of the vulnerability of individual interests that may be obtained through the presidential nomination. In terms of the national security, there will be an expansion of conflict and criminal acts escalation attributed to the candidates' election. Further, for the efficiency itself, the electoral budget allocation will greatly increase (high cost election). This will nevertheless an issue because such excessive budget allocation may be better supplied to areas that can increase the peopleâ€™s welfare. Therefore, this assumption needs to be investigated further with in-depth research on the efficiency of campaign funds.

Public Caning: Should it Be Maintained or Eliminated? (A Reflection of Implementation Sharia Law in Indonesia) Armia, Muhammad Siddiq
QIJIS Vol 7, No 2 (2019)
Publisher : IAIN Kudus

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/qijis.v7i2.4974

This article investigated the corporal punishment through judicial caning in Aceh, Indonesia. The judicial caning is conducted publicly and easily watched by the crowd, including children. This article aimed to search the facts that occurred during the implementation of judicial canning in Aceh. This study employed a qualitative method, with the interview as the main instrument and also used the black-letter law as a supporting approach. The research finding showed that public caning does not guarantee a deterrent effect on the defendants. In some cases, such as gambling and drinking, some of them will potentially repeat the same cases the following years, because the law concerning gambling and drinking does not accommodate rehabilitation mechanism. Furthermore, children attending the canning process will likely imitate the process in their future life. This research has a clear novelty as publication related to judicial caning is still limited in research and articles regarding the Indonesian legal system.

Sistem Pengawasan Dana Otonomi Khsusus Aceh dan Dampaknya terhadap Pemberantasan Korupsi Akbar, Khairil; Pasha Karim, Zahlul; Fadlullah, Nyak; Siddiq Armia, Muhammad
Integritas : Jurnal Antikorupsi Vol. 7 No. 1 (2021): INTEGRITAS: Jurnal Antikorupsi
Publisher : Komisi Pemberantasan Korupsi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32697/integritas.v7i1.719

DOKA is the biggest source of corruption that has driven distric heads in Aceh to prison. This fact raises the question, how has the DOKA monitoring system been carried out and what is the impact on corruption eradication? This study aims to explain the DOKA monitoring system and its impact on corruption eradication. The theory used is the theory of Check and Balances and the theory of Willingness & Oppurtunity. This research is classified into qualitative research with descriptive analysis techniques. The main findings of the study indicate that DOKA is not being taken seriously. This can be seen in the absence of a special supervision system and the normal supervision system for DOKA is not optimal. In addition, there is no special institution that oversees the implementation of DOKA. Such a supervisory system has no impact on corruption eradication. It needs serious improvement and a comprehensive evaluation of the use and distribution of DOKA for the realization of social welfare in Aceh.

The Role of Indonesian Constitutional Court In Protecting Energy Security Muhammad Siddiq Armia
Jurnal Konstitusi Vol 13, No 2 (2016)
Publisher : The Constitutional Court of the Republic of Indonesia

After more a decade, Indonesian Constitutional Court (ICC) has importantly played a significant role in the law reform, such as protecting energy security through their judgements. ICC comes out of the box, creating unpredictable judgements, and ensuring the justice values. In protecting energy security ICC makes important breakthrough with reviewing Act Number 22 of 2001 on the Oil and Earth Gas, Act Number 4 of 2009 on the Mineral Mining and Coal, and invaliding Act Number 20 of 2002 on the Electrical Power. Those acts contradict the basic norm in the 1945 Constitution. Although creating public debate, ICC judgment should be appreciated.

Autonomy in Aceh-Indonesia, from Armed Conflict to Regulation Conflict Muhammad Siddiq Armia
Proceedings of AICS - Social Sciences Vol 7 (2017): 7th AIC in conjuction ICMR 2017 Universitas Syiah Kuala October 2017
Publisher : Proceedings of AICS - Social Sciences

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (123.475 KB)

The Memorandum of Understanding (MoU) in Helsinki in 2005, the Government of Aceh agrees to unconditionally accept the Act of Government of Aceh, delivering the principles of special autonomy and ending the 30-years conflict. The Act orders explicitly and implicitly to legislate some bylaws for implementing the norms of autonomy. Despite passing bylaws, both Government of Aceh and Central Government have involved in endless regulation conflict, including land and flag bylaw. This article uses black-letter law approach as research method, focusing on several government official texts, and case law happening during this conflict.

Public Caning: Should it Be Maintained or Eliminated? (A Reflection of Implementation Sharia Law in Indonesia) Muhammad Siddiq Armia
QIJIS Vol 7, No 2 (2019)
Publisher : IAIN Kudus

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/qijis.v7i2.4974

This article investigated the corporal punishment through judicial caning in Aceh, Indonesia. The judicial caning is conducted publicly and easily watched by the crowd, including children. This article aimed to search the facts that occurred during the implementation of judicial canning in Aceh. This study employed a qualitative method, with the interview as the main instrument and also used the black-letter law as a supporting approach. The research finding showed that public caning does not guarantee a deterrent effect on the defendants. In some cases, such as gambling and drinking, some of them will potentially repeat the same cases the following years, because the law concerning gambling and drinking does not accommodate rehabilitation mechanism. Furthermore, children attending the canning process will likely imitate the process in their future life. This research has a clear novelty as publication related to judicial caning is still limited in research and articles regarding the Indonesian legal system.

SERPIHAN PEMIKIRAN HUKUM ISLAM DALAM MAZHAB SYIAH Muhammad Siddiq Armia
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 7, No 2 (2017)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v7i2.3262

In the begining, Sect of Shiah was born from political background, then became part of Islamic Jurisprudence. The sect of Shiah has emerged from the differen perspective of seeing Chalif of Ali Bin Abi Thalib. From the extrem perspective of Shia, they claim that Jibril as the angel revealition has made a serious mistake, because of delivering revealition to Muhammad instead of Chaliph Ali bin Abi Thalib. Thus, not all of Sect of Shiahsâ€™ are misleading, some of them still have a right path. This article will explore the Islamic legal thought in the perpective of Shia sects, to get a clear point of view on them and to prevent misunderstanding of Shia sects in the Islamic society. Keywords: Sects, Shia, Misleading Thought

THE IMPLEMENTATION OF KHIYAR SYARAT ON TRANSACTION OF SHOES BY DROPSHIP SYSTEM IN THE CITY OF BANDA ACEH (A Study Case of Dropshipper in Syiah Kuala Sub-District) Ade Nidya Fernanda; Muhammad Siddiq Armia; Rispalman Risfalman
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 11, No 2 (2021): JURNAL DUSTURIAH
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v11i2.8617

Dropshipping is a form of online buying and selling in which business actors act as intermediaries between genuine sellers (suppliers) and consumers. Shoe dropshippers in Syiah Kuala District do not stock goods and do not take care of shipments so they do not know the actual condition of the goods. Sometimes in online buying and selling like this there is a risk in the form of defects/damage to goods, shipping errors, etc. so a warranty system is needed to protect both parties from loss or disputes at a later date. The problem in this research is what is the form of return guarantee in the sale and purchase agreement of shoes in Syiah Kuala District by dropship and how is the khiyār review of the terms of the return guarantee form of dropship shoe purchase. In this study the authors used a sociolegal approach with descriptive analysis research methods based on data obtained from interviews. The result of this research is the guarantee provided by the dropshipper in the Syiah Kuala District in the form of exchanging goods (returns) and a refund (refund) for 3x24 hours with certain terms and conditions. In the concept of fiqh muamalah, the return guarantee has relevance to the khiyār requirement, because the dropshipper provides an option for returns within a certain time in order to guarantee the willingness of the parties. The provision of 3 days is in accordance with the terms of the khiyār time according to the terms of the fuqaha. The difference lies in the form of guarantee provided, in khiyār the terms of sale and purchase can be canceled if there is consumer defect or dissatisfaction, while the return guarantee by most dropshippers only provides exchange of goods, which shows that the sale and purchase cannot be canceled.

Kegentingan Memaksa Atau Kepentingan Penguasa (Analisis Terhadap Pembentukan Peraturan Pemerintah Pengganti Undang-Undang (PERPPU)) Muhammad Siddiq
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 48, No 1 (2014)
Publisher : Faculty of Sharia and Law - Sunan Kalijaga State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.2014.48.1.%p

The arguable on explanation of circumstances of compelling crisis in making PERPPU (emergency law), has a possibility to create abuse of power. President, as an executive possessors in Indonesian constitutional law, has fully given absolute subjective rights in creating PERPPU. President is the only one person who has authority to interpret circumstances of compelling crisis regarding on government condition, whether it is in a good condition or not. Due to PERPPU characteristics is very subjective, it has possibility to mislead from its main meaning and purpose. It could be possible that president personal interest might be accommodated in a PERPPU, because of his authority in making PERPPU. For the time being, there is no regulation which interpret clearly circumstances of compelling crisis and its requirement, to explain whether the situation is in emergency or not. Because of that, if it does not have special regulation, PERPPU might have possibility to abuse by irresponsible person as a tool to achieve his personal purposes.

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