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All Journal Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Qudus International Journal of Islamic Studies
Anis Mashdurohatun
Universitas Islam Sultan Agung Semarang

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The Independence of Civil Servant Investigators in Indonesian Immigration: A Fiqh Siyasah Perspective Anis Mashdurohatun; Deny Arly Asmara; Erwin Zainul Hakim; Agung Hadi Wijanarko; Zekry Abd Elrazik Mohamed Ali
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 12, No 1 (2025): April
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v12i1.5120

Abstract

In handling immigration-related criminal offenses, overlapping authority between Immigration Civil Servant Investigators (PPNS) and police investigators remains a regulatory and practical issue. The limited scope of authority granted to PPNS highlights the need to reexamine existing legal provisions through the lens of fiqh siyasah (Islamic political jurisprudence). This study aims to analyze how fiqh siyasah, particularly the principles of ta‘addud al-wilāyah (plurality of authority) and tafwidh al-sulthah (delegation of power), can be used to reconstruct the authority of Immigration PPNS in carrying out independent investigative functions. Employing a normative legal research approach, the study finds that from the perspective of fiqh siyasah, it is normatively justifiable for Immigration Civil Servant Investigators to operate autonomously as part of the delegated authority of the state (ulil amri). The study recommends amending Article 7, paragraph (2) of the Indonesian Criminal Procedure Code by replacing the phrase “under coordination and supervision” with “may coordinate,” as an effort to strengthen the institutional position of PPNS within Indonesia’s law enforcement system. The academic contribution of this study lies in offering an Islamic jurisprudential framework to critically assess and reform the institutional structure of legal authority in Indonesia, thereby integrating normative Islamic thought into the discourse of contemporary legal policy reform
The Sufism Healing as an Alternative Rehabilitation for Drug Addicts and Abusers Andri Winjaya Laksana; Hartiwiningsih Hartiwiningsih; Hari Purwadi; Anis Mashdurohatun
QIJIS (Qudus International Journal of Islamic Studies) Vol 11, No 1 (2023)
Publisher : IAIN Kudus

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/qijis.v11i1.15025

Abstract

This research aims to analyze and find the obligation of rehabilitation for drug addicts and abusers from the Islamic perspective and Sufism healing as an alternative rehabilitation for drug addicts. Sufism examines the spiritual aspects of Islam, while healing is the process of recovering from mental illness. This program plan becomes a hypothesis that is worth testing in prison for terrorism prisoners based on qualitative research methods with a phenomenological approach. Sufism healing has long been used to rehabilitate drug users in Islamic Boarding House (pesantren). The research approach in this research is a sociological juridical approach. The findings indicate that, according to an Islamic standpoint, rehabilitating those struggling with drug addiction is deemed obligatory due to the principle of al-Maqashid al-Syariah, which emphasizes the preservation of the mind (al-hifdzu al-aql) as an imperative need. The sufism healing, as a potential alternative approach to rehabilitating those struggling with drug addiction and substance misuse, centers on the objective of cultivating a greater connection with Allah the Almighty through the principles of takhalli, tahalli, and tajalli.
Co-Authors Agung Hadi Wijanarko Andri Winjaya Laksana Deny Arly Asmara Erwin Zainul Hakim Hari Purwadi Hartiwiningsih Hartiwiningsih Zekry Abd Elrazik Mohamed Ali