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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

PENGGUNAAN HAK INTERPELASI DEWAN PERWAKILAN RAKYAT PERSPEKTIF FIQIH SIYASAH SHOBAHAH, NURUSH S.
Ahkam: Jurnal Hukum Islam Vol 5, No 1 (2017)
Publisher : IAIN Tulungagung

The House of Representative in the Indonesian constitution constitutes the main state institution which holds the legislative function together with other state legislative institutions. In addition, the House of Representative also has a supervisory function. In carrying out the oversight function, the House of Representative has the right of interpellation, the right of inquiry, and the right to express opinion. In practice, the use of the right of interpellation often generates conflict between the House of Representative and the government. In this article, the author tried to assess the monitoring instrument of the House of Representativeâs interpellation from the perspective of siyasah jurisprudence because, basically, Islam as a true religion has offered the basic concept which provides the benefit of ideal life to the politics.Keywords: Hak Interpelasi, Dewan Perwakilan Rakyat, Fiqih Siyasah

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

PENGGUNAAN HAK INTERPELASI DEWAN PERWAKILAN RAKYAT PERSPEKTIF FIQIH SIYASAH SHOBAHAH, NURUSH S.
Ahkam: Jurnal Hukum Islam Vol 5 No 1 (2017)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2017.5.1.17-39

The House of Representative in the Indonesian constitution constitutes the main state institution which holds the legislative function together with other state legislative institutions. In addition, the House of Representative also has a supervisory function. In carrying out the oversight function, the House of Representative has the right of interpellation, the right of inquiry, and the right to express opinion. In practice, the use of the right of interpellation often generates conflict between the House of Representative and the government. In this article, the author tried to assess the monitoring instrument of the House of Representative’s interpellation from the perspective of siyasah jurisprudence because, basically, Islam as a true religion has offered the basic concept which provides the benefit of ideal life to the politics.Keywords: Hak Interpelasi, Dewan Perwakilan Rakyat, Fiqih Siyasah

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.

DESAIN PENYELESAIAN PERSELISIHAN HASIL PEMILIHAN GUBERNUR, BUPATI/WALIKOTA PASCA PUTUSAN MAHKAMAH KONSTITUSI NO. 55/PUU-XVII/2019 Nurush Shobahah; Much Anam Rifai
Legacy: Jurnal Hukum dan Perundang-Undangan Vol 1 No 1 (2021): Edisi Maret 2021
Publisher : Departement of Constitutional Law IAIN Tulungagung

Diskursus desain penyelesaian perselisihan hasil Pemilihan Gubernur, Bupati dan Walikota (baca: Pilkada) kembali mengemuka tatkala Mahkamah Konstitusi membacakan Putusan No. 55/PUU-XVII/2019 pada tanggal 26 Februari 2020. Pada Putusan tersebut muncul istilah Pemilu serentak yang di dalamnya memuat penyelenggaraan Pilkada. Pertanyaan yang muncul kemudian adalah apakah Pilkada masuk kembali ke rezim Pemilu setelah dalam Putusan Mahkamah Konstitusi Nomor 97/PUU-XI/2013 dan UU Pilkada dinyatakan bukan bagian dari Pemilu. Terbukti UU Pilkada mengamanatkan pembentukan badan peradilan khusus untuk menyelesaikan perselisihan hasil Pilkada. Lantas bagaimana sebenarnya standing position Pilkada? Apakah bagian dari Pemilu atau tidak? Sebab standing position itu mempengaruhi desain penyelesaian perselisihan hasil Pilkada. Melalui penelitian hukum normatif dengan pendekatan peraturan perundang-undangan (statute approach), dan pendekatan konseptual (conceptual approach), terjawab bahwa Pilkada bukanlah bagian dari Pemilu sehingga Mahkamah Konstitusi tidak memiliki kewenangan untuk menyelesaikan perselisihan hasilnya. Perselisihan hasil Pilkada dapat diberikan kepada badan peradilan di bawah Mahkamah Agung. Pilihannya ada dua yakni diberikan kepada PTTUN atau dibentuk badan peradilan khusus. Dengan pertimbangan efektifitas dan efisiensi, penulis berpendapat sebaiknya diberikan kepada PTTUN.

POLITIK HUKUM PENGATURAN SISTEM INFORMASI PEMILU Nurush Shobahah; Much Anam Rifai
Legacy: Jurnal Hukum dan Perundang-Undangan Vol 1 No 2 (2021): Edisi Agustus 2021
Publisher : Departement of Constitutional Law IAIN Tulungagung

The Election information system is a one of tool used by General Election Commissions (KPU) to wage The Election in order to maintenance transparency, effectiveness and accountability. It has been done since 2014. However, there has been a few problem using these instruments, especially in use of Sipol, in absensce of its mandatory regulation. Through this normative legal research, researchers are trying to analyze tthe basics of legal policy of the Election Information System regulation, and also to analyze the differenciation between the purpose in using Election Information System Regulation from The Regulation Maker and General Election Commissions (KPU). In facts, most of Electoral Information System used by KPU are categorized as unmandatory regulation which is has no legal basis or legal mandatory regulation. This cause a problem such as a resistance from public for the subjectivity or will from the regulation maker in legalizing this electoral information system. Since 2019 National Election, th regulation maker still mandate that election conducted in conventional way or a manual system despite the will from KPU to use those electoral information system in order to maintenance transparency, effectiveness and accountability.

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.

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