Basyirah Mustarin
Fakultas Syariah dan Hukum, Universitas Islam Negeri Alauddin Makassar, Indonesia

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DAMPAK PERDAGANGAN SISTEM ELEKTRONIK DALAM PERSPEKTIF SIYASAH SYAR’IYYAH Wilda Sri Wahyuni; Andi Tenripadang; Basyirah Mustarin
Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 3 No 2 (2022): SIYASATUNA
Publisher : SIYASATUNA : JURNAL ILMIAH MAHASISWA SIYASAH SYAR'IYYAH

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Abstract

The research discusses the impact of trade through electronic systems on business actors and consumers in the view of siyasah syar'iyyah, especially in Makassar City. The research method used is field research with juridical, theological syar'i, and sociological approaches. The results obtained: 1) The positive impact of trade through electronic systems on business actors and consumers is that it is easier to promote goods, easier to obtain consumers, wider market reach, easier shopping, energy and time saving. While the negative impacts can be unilateral cancellations, fictitious orders, defective products, and goods not in accordance with the image; 2) Trade through electronic systems is allowed in Islam, as long as it does not contain elements of usury, gharar, fraud, coercion, maisir and is not a forbidden item.
KONTRIBUSI PENDAPATAN ASLI DAERAH KABUPATEN BANTAENG DALAM PEMBANGUNAN INFRASTRUKTUR Surya Dewan Perdana Anas; Basyirah Mustarin; Nur Aisyah
Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 3 No 3 (2022): SIYASATUNA
Publisher : SIYASATUNA : JURNAL ILMIAH MAHASISWA SIYASAH SYAR'IYYAH

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Abstract

Local revenue is the right of local governments that is recognized as an increase in the value of net worth obtained from local taxes, and local levies, The results of segregated regional wealth management and other legitimate sources are intended to support fiscal decentralization and regional development. This type of research is qualitative research with a normative syar'i approach and an empirical juridical approach. The results of this study show that the contribution of Regional Original Income (PAD) of Bantaeng Regency between 2019-2020 in financing infrastructure development is still relatively small because it only ranges from 4-5% when compared to direct expenditure allocations.
PENGHENTIAN PERKARA BERDASARKAN KEADILAN RESTORATIF DI KEJAKSAAN NEGERI GOWA Nurpaidah Nurpaidah; Usman Jafar; Basyirah Mustarin
Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 5 No 2 (2024): SIYASATUNA
Publisher : Prodi Hukum Tata Negara (Siyasah Syar'iyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar

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This study aims to find out how the concept of Case Termination Based on Restorative Justice at the Gowa District Attorney's Office (Siyasah Syar'iyyah Study). The main problem is divided into several sub-problems, namely: How to stop cases based on restorative justice at the Gowa State Prosecutor's Office, What are the forms of cases related to restorative justice, and what is the siyasa syariyyah perspective on ending cases based on restorative justice. The research method used is data collection in the form of observation, interviews, documentation and reference tracing. The results of this study indicate that the implementation of restorative justice focuses more on conditions for creating justice and balance for the perpetrators of criminal acts and their victims themselves, and the perpetrators of criminal acts do not need to be sentenced to death but can be carried out with restorative justice efforts, in order to reduce the excess capacity of correctional institutions. or state prisons, restorative justice can also eliminate grudges for potential perpetrators of crimes so that they will not repeat their actions and can embrace and provide an understanding to the wider community about the dangers of committing a crime. In the perspective of siyasa syar'iyyah, termination of cases based on restorative justice can be carried out using the method of forgiving and paying diyat and law enforcers are not justified in acting arbitrarily in resolving cases, but must uphold justice in accordance with the regulations.
KONSTITUSIONALITAS JABATAN WAKIL MENTERI PERSPEKTIF SIYASAH DUSTURIYAH Firmansyah; Sabri Samin; Basyirah Mustarin
Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 5 No 3 (2024): SIYASATUNA
Publisher : Prodi Hukum Tata Negara (Siyasah Syar'iyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar

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Abstract

The appointment of deputy ministers is the president's prerogative which aims to assist ministers in carrying out ministerial affairs in certain ministries. This study aims to find out how urgent the appointment of deputy ministers in Indonesia is and how the legitimacy of the appointment of deputy ministers is in the view of siyasa dusturiyah. The problem in this research is in Article 10 of law number 39 of 2008 concerning state ministries as the legality of appointing deputy ministers in the phrase "special handling" in the article does not explain clearly and in detail how special handling is meant, so this can be it has the potential to just divide up positions, because we know the position of deputy minister is a political position. This research is a library research with a juridical and normative syar'i approach. Sources of primary and secondary data are literature such as: the 1945 Constitution, decisions, the Koran, scientific works, legal academics, legal dictionaries, opinions, magazines. The results of this study are 1) The urgency of appointing deputy ministers by the president is to assist several ministers who have a greater workload in certain ministries. 2) The position of the deputy minister in the Indonesian constitution is as a body that assists the ministry, even though the position of deputy minister is not regulated in the 1945 Constitution does not mean it is prohibited, from a substance standpoint there is no constitutionality problem in this situation because of the general principle in law "something that is not commanded and not prohibited it may be done ". 3) The validity of the appointment of deputy ministers in the view of siyasa dusturiyah lies in the authority to appoint/give positions by the head of state or caliph who both have prerogative rights, and there are similarities in the criteria for requirements to become a deputy minister.