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All Journal Rechtenstudent Journal
Muhammad Faisol
KH Achmad Siddiq Jember State Islamic University, Indonesia
Law, Crime, Criminology & Criminal Justice

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Journal : Rechtenstudent Journal

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Tafsir Hak Asasi Manusia dalam Putusan Mahkamah Konstitusi Tentang Politik Dinasti Perspektif Fiqh Siyasah Lailatul Fitria; Muhammad Faisol; Badrut Tamam
Rechtenstudent Journal UIN KHAS Jember Vol. 3 No. 3 (2022): Rechtenstudent December 2022
Publisher : Sharia Faculty, KH. Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v3i3.185

Abstract

Dynastic politics is defined as leadership that only relies on the hands of groups that still have blood ties or kinship. In the Constitutional Court Decision Number 33/PUU-XIII/2015 concerning arrangements related to dynastic politics after a judicial review was carried out by parties who have legal standing and considered the law related to the prohibition of dynastic politics to be contrary to the 1945 Constitution. Because it was considered to formulate new norms and there was a violation of constitutional rights citizens to get equal opportunities in government. The interpretation of human rights following the issuance of the Constitutional Court decision No. 33/PUU-XIII/2015 concerning dynastic politics is that every citizen has the right to be elected and elected in regional head elections, so there is no longer any prohibition for incumbents to participate. in politics. Interpretation of Human Rights in the Constitutional Court Decision No. 33/PUU-XIII/2015 regarding dynastic politics if seen and understood more deeply from the point of view of fiqh principles based on the Constitutional Court's decision, regarding human rights, especially members of the incumbent' family to nominate regional heads, looking at so many data and surveys that show the negative impact of this dynastic politics, one of which often occurs is corruption, so based on fiqh principles it provides recognition that public interests must take precedence over special interests.
Analysis of Legal Unification toward the National Legislation Program in Indonesia Ahmad Althof 'Athooillah; Muhammad Faisol
Rechtenstudent Journal UIN KHAS Jember Vol. 4 No. 1 (2023): Rechtenstudent April 2023
Publisher : Sharia Faculty, KH. Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v4i1.230

Abstract

This study aims to identify and reconstruct various national legal issues. The results of the study were obtained by emphasizing that national law reform is a political process whose success depends on the balance of power between actors within it so that a dialectical process involving all components is carried out by improving legislation. The type of research used is library research which focuses on the library. Data sources are obtained by tracing the literature as well as regulations and norms related to the issues to be studied which originate from books on legal politics, the development of national law, and the science of legislation. The results of this study are (1) That the concept of legal unification in the National Legislation Program is that it must ensure the integration of the nation and state both territorially and ideologically as well as integrating nomocracy (2) because legal unification has succeeded in producing a legal building with modern characteristics with the characteristic of accelerating the integration process, namely development, unity & unity (3) That the conception of legal unification in the future amidst legal pluralism is through the mechanism of harmonization and synchronization of laws and regulations by taking into account several aspects namely legal substance, legal structure, legal culture, and supporting infrastructure.
Co-Authors Ahmad Althof 'Athooillah Badrut Tamam Lailatul Fitria