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All Journal Al-Daulah : Jurnal Hukum dan Perundangan Islam Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Jurist-Diction Jurnal Konstitusi JAPHTN-HAN SOSIO YUSTISIA Jurnal Hukum dan Perubahan Sosial as-Shahifah JLAS: Journal of Law and Administrative Science Jurnal Asosiasi Pengajar Hukum Tata Negara Hukum Administrasi Negara
Aini Shalihah
Universitas Teknologi Surabaya
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : as-Shahifah

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Arah Politik Hukum dalam Pembangunan Sistem Hukum Nasional Menurut Undang-Undang RPJPN 2005-2025 shalihah, aini; Abd Muni
As-Shahifah : Journal of Constitutional Law and Governance Vol. 3 No. 2 (2023)
Publisher : Fakultas Syariah Univeritas Islam Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/asshahifah.v3i2.11094

Abstract

Every country has a political law that acts as a basic policy for state administrators to determine the direction and content of the law to be formed. State administrators in carrying out their duties and responsibilities certainly have a legal political system like Indonesia which adheres to a democratic system. This is what then needs to be studied more deeply regarding the direction of Indonesian legal politics and this will not be separated from the historical context of how the direction of national legal policy is. Not only that, this paper will also examine how the implementation of the legal political direction is made in making a policy. The method used in this paper is normative and empirical juridical. The results of the research show that the direction of legal politics in the development of the Indonesian legal system is contained in the 2005-2025 RPJPN Law. Meanwhile, in practice, there are still several legal products issued that are not in line with the 2005-2025 RPJPN Law, such as the revision of the KPK Law (UU No. 9 of 2019), the Minerba Law and also the Job Creation Law. From some of these legal products, it can be said that the direction of legal politics in terms of implementation is still not optimal. Because the policies carried out by the government have not been able to achieve the expected democracy.
Dinamika Perdebatan “Syariat Islam” Dalam Historisasi Piagam Jakarta (Jakarta Charter) Aini Shalihah; fahri Hozaini
As-Shahifah : Journal of Constitutional Law and Governance Vol. 2 No. 1 (2022)
Publisher : Fakultas Syariah Univeritas Islam Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/asshahifah.v2i1.6949

Abstract

In the Indonesian context, we find the principle of Belief in One God, which is contained in the preamble to the 1945 Constitution. And the Jakarta Charter is part of the body of the constitution which has now been transformed into Pancasila. The dynamics of the Jakarta Charter still leaves a long-standing difference by photographing the 7 words "...with the obligation to carry out Islamic law for its adherents". This paper will examine the dynamics of the debate on "Islamic law" in the historicization of the Jakarta charter. The method used is normative law with a statutory, conceptual and historical approach. The result of this paper is that such national legal norms such as the Jakarta Charter are generally applicable to all citizens without exception. Therefore, the name or designation for such a national legal norm does not need to be mentioned or associated with the name of the norm of a particular religion which can lead to misunderstandings which can actually cause difficulties in efforts to enforce the legal norms in reality. Its official designation suffices as Indonesian National Law which is now based on Pancasila.
Co-Authors ABD MUNI Ahmad Rifki Mubarak Ahmadi Ernawati Huroiroh fahri Hozaini Fahrizal Nur Mahalli Huroiroh, Ernawati Imam Muslim Khoyyinah Khoyyinah, Khoyyinah Lian Fawahan Lukman Hakim Maskur, Moh. Muhammad Habiburrahman, Muhammad Sujudi, Muhammad