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HARMONISASI INTERPELASI DEWAN PERWAKILAN RAKYAT TERHADAP KEBIJAKAN PEMERINTAH Shobahah, Nurush
Ahkam: Jurnal Hukum Islam Vol 4, No 2 (2016)
Publisher : IAIN Tulungagung

The House of Representatives as a legislative body has threefunctions, namely the oversight function, legislative function, andthe budget function. One of the supervisory function s of The Houseof Representatives is the right of interpellation. As a law state, all ofthe processes of the state must be based on the law. Therefore, everypositive law must be obeyed. The constitutions or other regulationsof interpellation mention that the president may represent theanswers of interpellations. The frequent problem happening is theabsence of the president in the interpellation session. That problembecomes a relation problem between the president and the House ofRepresentatives which need to solve. Thus the right of interpellationas one of the implementations of the check-and-balance principle onthese two state institutions can run effectively. Based on the normativeprovision study it can be concluded that, to avoid the messy practices,the chapter which allows the president to have position in answeringthe interpellation court needs to be specified explicitly. As the result,the right of using interpellation can run well.Kata kunci: Dewan Perwakilan Rakyat, Interpelasi, Presiden

PIAGAM MADINAH DAN KONSEP DEMOKRASI MODERN ISLAM MASA KLASIK Shobahah, Nurush
Ahkam: Jurnal Hukum Islam Vol 7, No 1 (2019)
Publisher : IAIN Tulungagung

ABSTRACTAt present, the state system is increasingly advanced as the result of the adaptation to the world changes. The concept of democracy as one of the current democratic systems is also increasingly sophisticated compared to the practice of democracy in Greek civilization. However, people in developing countries, believes that a good state system which must be implemented in their country is constitutional systems originating from the West which are identical to non-Muslims system. The golden discourses of Islamic civilization in the state are still minimal. Therefore, this article seeks to present a new perspective on the concept of modern democracy which has long been practiced in the classical Islam by the Prophet Muhammad. This current study is a qualitative study which is explaining the concept of Islamic democracy in the classical era compared to the concept of democracy. The data are obtained from examining various books. The results suggest that the Medina charter was an outward proof of the practice of modern democracy that had been carried out by Islam in the classical period.Keywords: Medina Charter, Democracy, Modern,Islamic, Classical

HARMONISASI INTERPELASI DEWAN PERWAKILAN RAKYAT TERHADAP KEBIJAKAN PEMERINTAH Shobahah, Nurush
Ahkam: Jurnal Hukum Islam Vol 4 No 2 (2016)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2016.4.2.363-392

The House of Representatives as a legislative body has threefunctions, namely the oversight function, legislative function, andthe budget function. One of the supervisory function s of The Houseof Representatives is the right of interpellation. As a law state, all ofthe processes of the state must be based on the law. Therefore, everypositive law must be obeyed. The constitutions or other regulationsof interpellation mention that the president may represent theanswers of interpellations. The frequent problem happening is theabsence of the president in the interpellation session. That problembecomes a relation problem between the president and the House ofRepresentatives which need to solve. Thus the right of interpellationas one of the implementations of the check-and-balance principle onthese two state institutions can run effectively. Based on the normativeprovision study it can be concluded that, to avoid the messy practices,the chapter which allows the president to have position in answeringthe interpellation court needs to be specified explicitly. As the result,the right of using interpellation can run well.Kata kunci: Dewan Perwakilan Rakyat, Interpelasi, Presiden

FAKTOR YURIDIS YANG MEMPENGARUHI PENAMBAHAN JUMLAH DAFTAR PEMILIH KHUSUS PADA PEMILU 2019 DI KABUPATEN TULUNGAGUNG Shobahah, Nurush; Rifai, Much Anam
Ahkam: Jurnal Hukum Islam Vol 8 No 2 (2020): November
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2020.8.2.259-286

The relatively high number of Registered Special Voters in the 2019 Election became a problem. Since Registered Special Voters are people who qualifi as voters but they are not listed in the Registered Fixed Voters, it can be concluded that the voter registration conducted by General Election Comission is not as qualifying as it should be. However, there is an opinion that basically Registered Special Voters are not pure as it is listed. Some voters have already been registered as Registered Fixed Voters. Through this qualitative descriptive research with a case-approach, the research purpose is to reveal factors making people as Registered Special Voters in Tulungagung Regency. The result was that there were 23 percent of voters in the Registered Special Voters in Tulungagung who were already registered as Registered Fixed Voters. They are registered as Registered Special Voters presumably due to the following factors: First, problem arised when voters are mistakenly put in the polling station. Second, problem due to administrative error in recording the presence of the voters. Third, problem caused by the residence exchange. In order to solve this problem, electoral regulation reconstruction is needed, especially in relation to updating registered voter and/or voting-count mechanisme. Keywords: Election, Registered Special Voters, Reconstructing Regulation.

SYIQAQ SEBAGAI ALASAN PERCERAIAN DI PENGADILAN AGAMA TULUNGAGUNG Sukur, Mukhamad; Shobahah, Nurush
Ahkam: Jurnal Hukum Islam Vol 9 No 1 (2021): Juli 2021
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2021.9.1.175-192

Marriage is an inner and outer bond based on the rules of religion and the laws between a man and a woman to constitute both inner and outer happy family. However, the high number of failing cases and divorce decisions in the Religious Court shows that there are various factors that might be a trigger to the failure of a marriage. A number of divorce cases data in Tulungagung Regency shows 225 divorce cases per month with an average of 20 lawsuits every day. The data in 2017 show that out of 3,114 divorce cases 2,150 cases were filed by women. The results of the analysis show that the high divorce rate is one of the dominance factor of dispute or quarrel (syiqoq) which was triggered by the following reasons; economy, one party leaves another party, continuous disputes, domestic violence, adultery, drunkenness and gambling. The high interest of the people of Tulungagung Regency who work as both Indonesian workers and female workers (TKI/ TKW) allegedly contributed to high divorce rate by the reason of syiqoq.

POLITIK HUKUM PP NOMOR 78 TAHUN 2015 TENTANG PENGUPAHAN SEBAGAI UPAYA PEMENUHAN HAK DASAR PEKERJA/BURUH Nadhiroh, Anis Nur; Shobahah, Nurush
Ahkam: Jurnal Hukum Islam Vol 12 No 2 (2024): November 2024
Publisher : UIN Sayyid Ali Rahmatullah Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2024.12.2.255-292

This research will be more directed to respond to PP Number 78 of 2015 concerning Wages. In this PP on Wages, it has contradicted the ideals in the constitution, so that in the hierarchy of statutory regulations, the wage formula in this PP on Wages has contradicted the principle of Lex Specialis Derogate Legi Inferiori. The big idea that is being promoted is about efforts to create ideal and just laws in accordance with the values and ideals of the state. These efforts are often referred to as Legal Politics. Then it is often misunderstood as legislative (legal) politics, because it is attached to legislative variables where the tracing process is often carried out normatively by examining the legal ideals of a nation and its achievement efforts which are stated in the work plan (legal politics) of the legislative institution in the form of Prolegnas. The method used in this study is normative juridical. The results of this study convey that in the process of determining the amount of wages, it has ignored the amount of fair and decent wages for workers both from positive law and Islamic law.

The Right to Vote for People Who Experience Mental/Memory Disorders in Elections Post Constitutional Court Ruling No.135/PUU-XIII/2015 Shobahah, Nurush
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 12 No. 1 (2022): April
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2022.12.1.148-170

ABSTRACT: MK Decision No.135/PUU-XIII/2015 stipulates that to declare that a voter with mental/memory disorders does not meet the requirements, they must use a mental illness certificate from a doctor. Voters with cognitive/memory disorders who do not have a medical certificate from a doctor will still be recorded in the Permanent Voter List or DPT data collection. Problems arise about how to update the data. What problems arise? Are there voters with mental/memory disorders exercising their right to vote? In reality, many voters with cognitive/memory disorders do not have a cognitive/memory disorder certificate from a doctor. Election organizers responded by continuing to register and include them in the DPT regardless of whether they could exercise their right to vote. The reason is that election organizers avoid the potential for criminal acts to eliminate someone's right to vote. Due to this situation, researchers feel that there is a need to update and reconstruct the voter list updating system for voters with mental/memory disorders. The system used is the Civil Registry, so the government bears data availability for updating. This research is included in socio-legal research with two approaches: the statutory approach and the case approach. The study was conducted in Tulungagung Regency. Keywords: Election, Voters with Mental/Memory Disorders, DPT

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