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Journal : Al Ushuliy

THE ROLE OF BAWASLU IN ENSURING FAIR AND HONEST REGIONAL ELECTIONS IN PASAMAN REGENCY UNDER INDONESIA'S ELECTION LAW NO. 7 OF 2017 Yunis, Aldi; Pertiwi, Dian; Fitri, Hidayati; Husni, Alfi
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 3, No 2 (2024)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v3i2.13557

Abstract

This study examines two main issues: the authority of Bawaslu in supervising the implementation of honest and fair regional head elections in Pasaman Regency and the perspective of siyasah tanfidziyah regarding Bawaslu's role in these elections. The research aims to analyze Bawaslu's supervisory authority over regional head elections in Pasaman Regency and explore the views of siyasah tanfidziyah on its role in ensuring fair and honest elections.  The research adopts an empirical juridical approach, focusing on the operations of Bawaslu in Pasaman Regency. Primary data were collected from the Pasaman Regency General Election Supervisory Agency (Bawaslu) and community figures, while secondary data were obtained from legal documents, regulations, books, and journals. Data collection methods included interviews and documentation. The analysis utilized descriptive techniques to evaluate Bawaslu's authority in ensuring fair elections in Pasaman Regency, grounded in the provisions of Law Number 7 of 2017.The findings indicate that Bawaslu in Pasaman Regency has fulfilled its duties and exercised its authority as mandated by Law Number 7 of 2017. However, limited public awareness of election violation reporting procedures presents a significant challenge for Bawaslu in addressing such cases. This highlights the need for Bawaslu to actively promote public awareness through educational and outreach programs that engage the community directly. Enhanced public participation in reporting violations would improve Bawaslu’s effectiveness in fulfilling its supervisory functions.From the perspective of fiqh siyasah, Bawaslu functions as part of al-shulthah tanfidziyah, carrying out its mandate to oversee and enforce election laws. This aligns with its executive role in maintaining order and fairness during elections, ensuring compliance with democratic principles.
INTEGRATION OF IJARAH AND MUKHABARAH: A STUDY ON AGRICULTURAL LAND COOPERATION IN NAGARI PAKAN RABAA, KOTO PARIK GADANG DIATEH DISTRICT, SOUTH SOLOK REGENCY Linda, Nova; Yustiloviani, Yustiloviani; Zainuddin, Zainuddin; Husni, Alfi
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 3, No 2 (2024)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v3i2.13665

Abstract

This thesis examines the integration of ijarah and mukhabarah practices in agricultural land cooperation in Nagari Pakan Rabaa, Koto Parik Gadang Diateh District, South Solok Regency. The study aims to analyze and explain the implementation of mukhabarah and ijarah practices and their integration in agricultural land cooperation in the community. A qualitative field research approach was adopted, with data collected through interviews with landowners and cultivators. Data analysis followed the Miles and Huberman framework, involving data reduction and presentation, with validity ensured through source triangulation.The primary data sources included six informants: three landowners and three cultivators in Nagari Pakan Rabaa. Secondary data sources comprised information from a local religious leader (buya), as well as references from the Qur’an, Hadith, scholarly opinions, journals, and articles.The findings reveal that mukhabarah cooperation is practiced by landowners transferring land to cultivators, with seeds, fertilizers, and land preparation costs borne by the cultivators. The harvest is then divided, with 40% allocated to the landowner and 60% to the cultivator. Meanwhile, ijarah practices involve cultivators directly renting land from the landowners. In this system, the cultivators bear all farming costs, and rental payments are made annually at the end of the lease, either in cash (Rp. 2,000,000) or as rice (90 bushels).The integration of mukhabarah and ijarah occurs when landowners offer land to cultivators, who then manage all farming expenses. An agreement is established that the harvest will be shared (40% for the landowner, 60% for the cultivator), and cultivators must also pay an annual land rent at the end of the lease. This integrated practice reflects the community’s adaptive approach to balancing traditional Islamic principles with local agricultural needs.
An Islamic Political Jurisprudence Analysis of Reproductive Health Services under Article 103(4)(e) of Government Regulation No. 28/2024 Hidayat, Yoga Mai; Khairina, Khairina; Husni, Alfi; Yustiloviani, Yustiloviani; Rizal, Deri
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 4, No 1 (2025)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v4i1.15712

Abstract

This study examines the provision of reproductive health services as stipulated in Article 103 Paragraph (4) Letter e of Government Regulation (PP) No. 28 of 2024, focusing specifically on the distribution of contraceptives to school-aged children and adolescents. The research investigates the background and rationale behind the issuance of this regulation and analyzes it through the lens of fiqh siyasah (Islamic political jurisprudence). Employing a qualitative normative approach, this study is based on library research by systematically reviewing relevant literature, including books, scholarly articles, journals, and official publications. The researcher acts as the primary research instrument.The findings suggest that the emergence of this provision is influenced by several urgent social issues: the rise in teenage promiscuity, high rates of abortion among adolescents aged 15–19, an increasing number of marriage dispensations due to premarital sexual activity, and efforts to reduce the transmission of sexually transmitted diseases (STDs), including HIV/AIDS. From the perspective of fiqh siyasah, the legality of contraceptive distribution depends on the marital status of the recipients. For married adolescents, the use of contraceptives is considered permissible. However, for those who are unmarried, it is deemed impermissible (haram) as it potentially facilitates or legitimizes acts of zina (adultery), which are prohibited in Islamic law.
Bawaslu’s Oversight of Digital Campaign Dynamics on Social Media in the 2024 Tanah Datar Regional Head Election Nurjannah, Zakiati; Caniago, Sulastri; Husni, Alfi; Emrizal
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol. 4 No. 2 (2025): Vol 4 No 2
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v4i2.16376

Abstract

This thesis examines the supervision carried out by the Election Supervisory Agency (Bawaslu) over digital campaign activities on social media during the 2024 Regional Head Election (Pilkada) in Tanah Datar. The study focuses on three main issues: the forms and characteristics of digital campaigns that emerged on social media platforms, the supervisory mechanisms employed by Bawaslu in responding to these dynamics, and the challenges faced by Bawaslu in exercising its oversight function amid the rapid development and openness of digital information. This research adopts a qualitative field research approach. Data were collected through in-depth interviews with relevant stakeholders, documentation analysis, and observation of local social media accounts that were active during the campaign period. The collected data were analyzed descriptively and qualitatively using several analytical frameworks, including surveillance theory, campaign theory, institutional theory of Bawaslu, and the perspective of fiqh siyasah tanfidziah. The findings indicate that digital campaigns in the 2024 Tanah Datar Pilkada were not limited to informational, persuasive, and mobilizational content, but also evolved into spaces of political criticism, satire, humor, and complex public interaction. This development confirms that social media has become a strategic arena for shaping public opinion, while simultaneously presenting significant challenges for electoral supervision. Bawaslu’s supervisory efforts—implemented through direct, indirect, and preventive mechanisms—reflect an institutional attempt to adapt to digital realities. However, their effectiveness remains constrained by technical limitations, the absence of detailed regulatory frameworks governing digital campaigns, and relatively low levels of public participation. This condition illustrates a gap between positive legal norms governing elections and the actual practices of digital campaigning in the field. From the perspective of fiqh siyasah tanfidziah, electoral supervision constitutes a mandate that must be carried out fairly and oriented toward the public interest (maslahah). Accordingly, this study emphasizes the importance of strengthening digital campaign regulations, enhancing supervisory technological capacity, and encouraging broader public involvement to ensure that digital campaign oversight is more effective, just, and aligned with both legal principles and sharia values.