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All Journal JURNAL MAGISTER HUKUM UDAYANA Jurnal Legalitas Pandecta Al-'Adalah Analisis: Jurnal Studi Keislaman Arena Hukum Mimbar Keadilan Jurnal Hukum IUS QUIA IUSTUM Jurnal Konstitusi SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Undang: Jurnal Hukum Jurnal Yuridis Veteran Law Review Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial Mulawarman Law Review Jurnal Konstitusi AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Smart Society: Community Service and Empowerment Journal Legal Protection for the Partnership Agreement Parties QANUN: Journal of Islamic Laws and Studies Journal of Constitutional Law Society (JCLS) Swadaya: Jurnal Pengabdian Masyarakat Indonesian Journal of Law and Syariah (IJLS)
M. Yasin Al Arif
Universitas Islam Negeri Raden Intan Lampung
Religion Agriculture, Biological Sciences & Forestry Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW

 1 
Konstitutionalistas Perda Syari'ah di Indonesia dalam Kajian Otonomi Daerah al Arif, M. Yasin; Paramadina, Panggih F.
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.v1i1.8953

Abstract

The rolling of regional autonomy in 1999 was marked by the issuance of Law Number 22 Year 1999 concerning Regional Government and Law No. 25 of 1999 concerning Financial Balance between the Central and Regional Governments, has provided a very strong impetus for the regions to regulate their regions according to the aspirations of the people in the regions. In an instant, the euphoria was manifested by the local elite into legal regulations that tended to be elitist. Now the issue of problematic regional regulations has shifted no longer only with a material tendency, but has spread to the area of choice of the ideology that underlies it, namely the regional regulations with the nuances of Islamic law. The authorship uses a normative juridical research method, in which the author uses laws, journal articles, books and documents that support the analysis related to the constitutionality of sharia regulations. Thus, the sharia regional regulations are substantially inconsistent with the spirit of regional autonomy. Except for areas that are given specificity in carrying out their government. Although the aims and objectives of the formation of these regional regulations are good for improving a reduced moral order, they must be used in a way that is in accordance with the established legal structures. So that by referring to the theory about the level of legal norms and hierarchy that have been determined in Law no. 12 of 2011, the Sharia Regional Regulation substantially contradicts the legal norms that are above it and can be said to be unconstitutional. 
Pengangkatan Menteri dalam Sistem Presidensial di Indonesia Perspektif Imam Al-Mawardi Paramadina, Panggih Fadhilla; Al Arif, M. Yasin
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.v1i2.11401

Abstract

The election of ministers on Wednesday, October 23, 2019 by President Joko Widodo sparked public controversy, for appointing the figure of Fachrul Razi as Minister of Religion. Fachrul Razi is considered controversial, because his background comes from the military and has no history of joining a religious base. Apart from that, the fatness of the Advanced Indonesia Cabinet is undeniably a result of the fat coalition supporting the Jokowi-Ma'ruf Amin government, the fat coalition has an impact on the weak opposition which should play an important role in controlling government policies, while the fat coalition in the Advanced Indonesia Cabinet has the potential to make the decision-making process worse. The effectiveness of the decision is reduced. Because of this, the author interested in studying how the ministerial implementation should be in accordance with Law No. 39 of 2008 concerning the Ministry by using the perspective of Imam Al-Mawardi in the appointment of wazir (assistant caliphs) who are in harmony with the appointment of ministers in Indonesia. The purpose of this research is to provide a breakthrough to examine the system of appointing ministers in accordance with Islamic law. One approach that can be used as an example is to use Imam Al-Mawardi's perspective analysis in reviewing the ministerial appointment system in the government structure in Indonesia. The government structure in Indonesia through the analysis of Imam Al-Mawardi's perspective is of course in accordance with Islamic law and can be carried out by the President by always fulfilling the requirements and appointment procedures as stipulated in Law No. 39 of 2008 concerning the Ministry. The method used in this study uses two approaches to get valid results, namely the conceptual approach and the statutory approach.
Institutional Design of the Corruption Eradication Commission (KPK) Post-Constitutional Court Decisions Number 70/PUU-XVII/2019 and Number 79/PUU-VII/2019 al Arif, M. Yasin
As-Siyasi: Journal of Constitutional Law Vol. 3 No. 1 (2023): 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.v3i1.16947

Abstract

Following the ratification of Law Number 19 of 2019 concerning the Corruption Eradication Commission, many parties were disappointed with the institutional design constructed in that law. Therefore, a judicial review was filed against the law with the Constitutional Court. This article aims to understand the institutional design of the Corruption Eradication Commission after the issuance of Constitutional Court Decisions Number 70/PUU-XVII/2019 and Number 79/PUU-VII/2019. In case Number 70/PUU-XVII/2019, the petitioner not only submitted a request for material testing but also a formal request, while in case Number 79/PUU-VII/2019, the petitioner only submitted a request for material testing. This paper seeks to answer two important questions: what are the legal consequences of Constitutional Court Decisions Number 70/PUU-XVII/2019 and Number 79/PUU-VII/2019? And what is the institutional design of the Corruption Eradication Commission following the issuance of Constitutional Court Decisions Numbers 70/PUU-XVII/2019 and Number 79/PUU-VII/2019? The study concludes that the consequences of these Constitutional Court decisions, including wiretapping, searches, and/or seizures carried out by the Corruption Eradication Commission, do not require permission from the Supervisory Board. The transition process of the Corruption Eradication Commission's employee status should not disadvantage anyone, and the two-year time calculation in case of investigation termination starts from the issuance of the Investigation Initiation Letter (SPDP). The institutional design of the Corruption Eradication Commission established after this decision includes the position of the Corruption Eradication Commission in the state institutional structure, the position of the Corruption Eradication Commission's employees, and the authority of the Corruption Eradication Commission's Supervisory Board.
Reforming the Parliamentary Threshold in Indonesia's General Elections: A Legal and Fiqh Siyasah Dusturiyah Perspective Barqi, Suha Yusbairoh; al Arif, M. Yasin; Irwantoni, Irwantoni
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.v4i2.24326

Abstract

This study examines the issues surrounding the establishment of the parliamentary threshold in Indonesian elections from 2009 to 2024, as well as the urgency of its reform, from the perspective of fiqh siyasah dusturiyah. The study aims to analyze the impact of the parliamentary threshold on the multi-party system and the stability of democracy and to offer solutions based on Islamic legal studies. The research employs a juridical-normative method with both a legislative and conceptual approach. Data were collected through literature studies, including legal documents, scholarly journals, and court proceedings. The study results show that applying the 4% parliamentary threshold in Law No. 7 of 2017 has led to negative consequences, such as the significant waste of valid votes and the limited access of smaller parties to the Parliament. From the perspective of fiqh siyasah dusturiyah, this policy does not fully align with the principle of maslahat, as it creates imbalances in political representation. Therefore, a threshold revision to a more rational figure, such as 1%, is needed to minimize wasted votes and reinforce the principle of democratic justice. The conclusion emphasizes that the threshold size must consider the maslahat (benefit) of society and align with the principles of fiqh siyasah dusturiyah to support implementing a more inclusive and just electoral system.
Co-Authors Abdul Qodir Zaelani Agus Hermanto Ahmad, Hashm Omer Anggi Fitriani Anggun Malinda Anis Sofiana Ari Priyanto Ariyansyah Ariyansyah, Ariyansyah Barqi, Suha Yusbairoh Bayu Anshor Mursalin Dani Amran Hakim Ekha Nurfitriana Elif Yaren Çalkacı Erina Pane Fikri, Mhd Zakiul Frenki Gandhi Liyorba Indra Gandi Liyorba Indra Ghufron Hidayat Happy Sreshi Aska Kenda Harry Setya Nugraha Hasanuddin Muhammad Hendianysah, Hendianysah Ida Faridatul Hasanah Indra, Gandi Liyorba Irwantoni Irwantoni Jamaludin Ghofur Liky Faizal Linda Firdawaty Lisa Virliana M.Pd S.T. S.Pd. I Gde Wawan Sudatha . Muhammad Akmansyah Muhammad Aridan Muhammad Rizki Ramadhan Nurnazli Nurnazli Oktarini, Widya Panggih F. Paramadina Panggih Fadhilla Paramadina Paramadina, Panggih F. Paramadina, Panggih Fadhilla Prayoga, Dimas Putra, Alamsyah Nurrahman Reni Latifah Siti Nurjanah Susanto, Is Wibowo, Muhammad Farhan Witri Leviana Yuswanto Yuswanto Zahrani Amrina