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All Journal Siyasyatuna: Jurnal Hukukm Tata Negara
ecep nurjamal
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MENGHAPUS ATAU MENETAPKAN HUKUMAN MATI? DARI TREN GLOBAL DAN LANDASAN POLITIK Ecep Nurjamal
Siyasyatuna | Jurnal Hukum Tata Negara Vol 4 No 2 (2024): Maret 2024
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/siyasatuna.v4i2.304

Abstract

The death penalty is unlike any other punishment. Its continued existence in many countries of the world creates political tensions within these countries and between the governments of countries that retain and those that abolish the death penalty. After the Second World War, more and more countries abolished the death penalty. This article argues that the main determinant of this global trend towards abolition is political, a claim that finds support in a cross-country quantitative analysis from 1950 to 2002. Democracy, democratization, international political pressure on countries that still retain the death penalty, and peer group effects in relatively abolitionist regions all increase the likelihood of abolition. There is also a partisan effect, as abolition becomes more likely if the party of the chief executive is leftwing oriented. Cultural, social and economic determinants receive only limited support. The global trend towards abolition will continue if democracy continues to spread around the world and abolitionist countries stick to their commitment to push for abolition around the world..
TINJAUAN YURIDIS TERHADAP TINDAK PIDANA KESUSILAAN ANAK DAN PENYELESAIANNYA MENURUT SIYASAH DUSTURIYAH (Studi Kasus Putusan Hakim Pengadilan Negeri Tasikmalaya Perkara No : 4/Pid.Sus-Anak/2021/PN Tsm) Muhammad Zidan; A. Arsyul Munir, Asep; Ecep Nurjamal
Siyasyatuna | Jurnal Hukum Tata Negara Vol 5 No 1 (2024): September 2024
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/siyasatuna.v5i1.377

Abstract

Criminal acts of decency committed by children are of course different from criminal acts committed by adults. Found in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, this shows that legal institutions in Indonesia are very concerned about the protection and rights of children, both victims and perpetrators. The purposes of this research are: 1) To find out the criminal procedural law that was carried out by judges at the Tasikmalaya District Court in dealing with criminal acts of decency committed by children. 2) To find out the verdict on the result of the crime of a child who committed a crime of decency at the Court Decision number PN TASIKMALAYA Number 4/Pid.Sus- Anak/2021/PN Tsm. 3) To find out the settlement of child decency crimes according to the siyasah dusturiyah perspective. The method used in this study is normative juridical through the Statute Approach, namely examining all regulations and laws concerned with related research. In the case with No. 4/Pid.Sus-Children/2021/PN Tsm, the perpetrator's child was not detained but received guidance in the Institution for 1 (one) year and Job Training for 6 (six) months, at the Social Welfare Organizing Institution (LPKS) in I'Anatush Syibiyan in the Hamlet area of Babakan RT. 01, R.W. 01, Sindangjaya Village, Mangunjaya District, Pangandaran Regency. As well as being burdened with paying court fees in the amount of Rp. 2,500.00 (Two thousand five hundred rupiah).
STRATEGI PANITIA PENGAWAS PEMILIHAN UMUM KECAMATAN BUNGURSARI KOTA TASIKMALAYA DALAM PENCEGAHAN PELANGGARAN PEMILU 2024 PERSPEKTIF SIYASAH DUSTURIYAH: ( Studi Kasus di PANWASLU Kecamatan Bungursari) Ecep Nurjamal; Solis Setiawati; Asep Arsyrul Munir
Siyasyatuna | Jurnal Hukum Tata Negara Vol 5 No 1 (2024): September 2024
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/siyasatuna.v5i1.378

Abstract

General elections, hereinafter referred to as elections, are a means of popular sovereignty to elect a leader to lead a country. The elections to be held in 2024 are legislative and executive elections which will be held simultaneously. Namely, electing the President and Vice President, Members of the People's Legislative Assembly, Members of the Regional Representative Council, and Members of the Provincial and Regency/City Regional People's Representative Councils. In the stages of the general election, it is necessary to have supervision in order to minimize violations in the election. The role of oversight institutions such as PANWASLU at the sub-district level is very helpful in overseeing the stages of the election process. For this reason, it is necessary to have a strategy prepared so that the stages can run according to applicable regulations. Oversight institutions are not only to supervise but also support the stages in the election. This research was conducted to find out how the strategy carried out by PANWASLU in Bungursari District in preventing election violations as well as how election violations are in the Dusturiyah Perspective. Methodology This research uses qualitative methods. The data sources used are primary and secondary data. The results of this study are that the PANWASLU of Bungursari District has carried out several strategies to carry out prevention in elections However, after researching and conducting interviews in Bungursari District in the 2019 election, there was a violation committed, namely Money Politics. In the process of the 2024 election stages in Bungursari District, violations were also found by Pantarlih members, namely in the co-checking process but improvements had been made so that the co-coking stages were as expected. Everything that can interfere with the benefit of mankind is contrary to God's will. So election violations in the perspective of Siyasah Dusturiyah are considered to be able to interfere with the benefit of the people because in the process of selecting a leader there are several things that need attention.
IMPLEMENTASI PERATURAN DAERAH KOTA TASIKMALAYA NOMOR 7 TAHUN 2012 TENTANG PENGELOLAAN SAMPAH DALAM PERSPEKTIF SIYASAH SYAR’IYYAH: (Suatu Penelitian di Dinas Lingkungan Hidup Kota Tasikmalaya) Ecep Nurjamal; Lukmanul Hakim; Asep A. Arsyul Munir; Litra Wimpi U Rohman
Siyasyatuna | Jurnal Hukum Tata Negara Vol 5 No 1 (2024): September 2024
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/siyasatuna.v5i1.379

Abstract

The background to the waste management policy is the high amount of waste generation in the City of Tasikmalaya. Garbage is something that is always there in everyday life. All those who are active will definitely produce waste as a result of these activities is the increased production of waste generated by the community. To deal with this problem, the Regional Government of Tasikmalaya City issued a Regional Regulation on Waste Management Number 7 of 2012 concerning Waste Management which aims to improve professional waste management so that a clean environment is created and waste is a resource. The aims of this study are: 1) To find out the role of the Environmental Service in waste management based on Regional Regulation of the City of Tasikmalaya Number 7 of 2012 concerning Waste Management. 2) To find out what factors are inhibiting and supporting the implementation of waste management policies based on Regional Regulation Number 7 of 2012 concerning Waste Management. 3) To find out the policies after the issuance of Regional Regulation Number 7 of 2012 concerning Waste Management by Government Apparatuses. 4) To find out the implementation of the Tasikmalaya City Regional Regulation Number 7 of 2012 concerning Waste Management in the Siyasah Syar'iyyah Perspective. The method used in this research is normative juridical and empirical approach. The results of this study indicate that the implementation of waste management policies has not been fully successful in reducing the amount of existing waste generation. In its implementation there are still various obstacles such as, lack of human resources, infrastructure, budget and public awareness. Recommendations that can be given for this problem include socializing local regulations to the community, adding human resources and infrastructure and conducting coaching and training to the people of Tasikmalaya City.
IMPLEMENTASI PERATURAN DAERAH PROVINSI JAWA BARAT NO. 1 TAHUN 2021 TENTANG FASILITAS PENYELENGGARA PONDOK PESANTREN DITINJAU DARI PERSPEKTIF SIYASAH DUSTURIYYAH: (Studi Komparatif Kebijakan Publik Di Pondok Pesantren Sulalatul Huda dan Pondok Pesantren Al-Mubarok Kota Tasikmalaya) Muhammad Ibdan Ruhdinuloh; Ecep Nurjamal; Asep A. Arsyul Munir
Siyasyatuna | Jurnal Hukum Tata Negara Vol 5 No 1 (2024): September 2024
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/siyasatuna.v5i1.380

Abstract

The background to this study is the perception that the regional regulations in question may be populist in nature, in the sense that they have political elements, and their implementation in the relevant research location has not been optimal. Data for this research was collected through observation, interviews and literature review. The aim of this study is to evaluate the implementation of West Java Provincial Regulation No.1 of 2021 on Facilitating the Management of Boarding Schools from the perspective of Siyasah Dusturiyah (Comparative Study of Public Policy in Sulalatul Huda and Al-Mubarok Boarding Schools). Its focus is on providing clear, concise, and objective information, with a logical progression of ideas and a causal connection between statements. Technical terms are adequately explained, and conventional academic structures are followed. There is a consistent use of formal language, passive tone, and precise vocabulary throughout the document. The text is free from grammatical, punctuation, and spelling errors, and references are cited and formatted consistently. Bias is avoided by utilizing hedging techniques. The study employs a descriptive qualitative research approach. The research findings suggest that the implementation of the Regional Regulation No.1 Year 2021, which facilitates the operation of Islamic boarding schools in West Java, has been achieved from the perspective of Siyasah Dusturiyyah. However, the execution has not been fully optimised, especially at Sulalatul Huda Islamic Boarding School. On the other hand, in Al-Mubarok Islamic Boarding School - the benchmark for this study - the implementation of the regulation appears to have been relatively maximised. This is evidenced by the numerous achievements of the Pesantren on a local and national level, the objectively excellent condition of the Pesantren, as well as the empowerment, development, recognition, and affirmation that have been successfully implemented in accordance with the relevant regional regulations, although not all of them have been fully realized by the government agencies.
PERLINDUNGAN KONSUMEN ATAS PENARIKAN PAKSA OLEH DEBT COLLECTOR PERSPEKTIF SIYASAH MALIYAH: (Studi Kasus di Badan Penyelesaian Sengketa Konsumen Kota Tasikmalaya) Muhammad Rizfal; A. Arsyul Munir, Asep; Ecep Nurjamal
Siyasyatuna | Jurnal Hukum Tata Negara Vol 5 No 1 (2024): September 2024
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/siyasatuna.v5i1.381

Abstract

Badan Penyelesaian Sengketa Konsumen Kota Tasikmalaya). Dalam penulisan ini menggunakan metode penelitian hukum empiris atau biasa disebut penelitian yuridis sosiologis. Teknik pengumpulan data dengan cara observasi dan wawancara. Tujuan penelitian ini salah satunya : 1) Untuk mengetahui kondisi objektif penarikan paksa yang dilakukan oleh pihak Debt Collector. 2) Untuk mengetahui Peran Badan Penyelesaian Sengketa Konsumen terhadap Konsumen atas penarikan paksa yang dilakukan oleh pihak Debt Collector ditinjau dari Undang-undang No. 8 tahun 1999 tentang perlindungan konsumen. 3) Untuk mengetahui sanksi bagi Debt Collector yang melakukan penarikan paksa terhadap korban/debitur. Hasil dari penelitian ini dapat disimpulkan bahwa penarikan paksa kendaraan yang dilakukan oleh Debt Collector terhadap konsumen itu melanggar aturan hukum yang berlaku sekarang, bahkan bisa saja dipidana dengan pasal berlapis.
MENGHAPUS ATAU MENETAPKAN HUKUMAN MATI? DARI TREN GLOBAL DAN LANDASAN POLITIK nurjamal, ecep; Ecep Nurjamal
Siyasyatuna | Jurnal Hukum Tata Negara Vol 4 No 2 (2024): Maret 2024
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/siyasatuna.v4i2.304

Abstract

The death penalty is unlike any other punishment. Its continued existence in many countries of the world creates political tensions within these countries and between the governments of countries that retain and those that abolish the death penalty. After the Second World War, more and more countries abolished the death penalty. This article argues that the main determinant of this global trend towards abolition is political, a claim that finds support in a cross-country quantitative analysis from 1950 to 2002. Democracy, democratization, international political pressure on countries that still retain the death penalty, and peer group effects in relatively abolitionist regions all increase the likelihood of abolition. There is also a partisan effect, as abolition becomes more likely if the party of the chief executive is leftwing oriented. Cultural, social and economic determinants receive only limited support. The global trend towards abolition will continue if democracy continues to spread around the world and abolitionist countries stick to their commitment to push for abolition around the world..
TINJAUAN YURIDIS TERHADAP TINDAK PIDANA KESUSILAAN ANAK DAN PENYELESAIANNYA MENURUT SIYASAH DUSTURIYAH (Studi Kasus Putusan Hakim Pengadilan Negeri Tasikmalaya Perkara No : 4/Pid.Sus-Anak/2021/PN Tsm) Muhammad Zidan; A. Arsyul Munir, Asep; Ecep Nurjamal; Munir, Asep
Siyasyatuna | Jurnal Hukum Tata Negara Vol 5 No 1 (2024): September 2024
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/siyasatuna.v5i1.377

Abstract

Criminal acts of decency committed by children are of course different from criminal acts committed by adults. Found in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, this shows that legal institutions in Indonesia are very concerned about the protection and rights of children, both victims and perpetrators. The purposes of this research are: 1) To find out the criminal procedural law that was carried out by judges at the Tasikmalaya District Court in dealing with criminal acts of decency committed by children. 2) To find out the verdict on the result of the crime of a child who committed a crime of decency at the Court Decision number PN TASIKMALAYA Number 4/Pid.Sus- Anak/2021/PN Tsm. 3) To find out the settlement of child decency crimes according to the siyasah dusturiyah perspective. The method used in this study is normative juridical through the Statute Approach, namely examining all regulations and laws concerned with related research. In the case with No. 4/Pid.Sus-Children/2021/PN Tsm, the perpetrator's child was not detained but received guidance in the Institution for 1 (one) year and Job Training for 6 (six) months, at the Social Welfare Organizing Institution (LPKS) in I'Anatush Syibiyan in the Hamlet area of Babakan RT. 01, R.W. 01, Sindangjaya Village, Mangunjaya District, Pangandaran Regency. As well as being burdened with paying court fees in the amount of Rp. 2,500.00 (Two thousand five hundred rupiah).
STRATEGI PANITIA PENGAWAS PEMILIHAN UMUM KECAMATAN BUNGURSARI KOTA TASIKMALAYA DALAM PENCEGAHAN PELANGGARAN PEMILU 2024 PERSPEKTIF SIYASAH DUSTURIYAH: ( Studi Kasus di PANWASLU Kecamatan Bungursari) nurjamal, ecep; Ecep Nurjamal; Solis Setiawati; Asep Arsyrul Munir
Siyasyatuna | Jurnal Hukum Tata Negara Vol 5 No 1 (2024): September 2024
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/siyasatuna.v5i1.378

Abstract

General elections, hereinafter referred to as elections, are a means of popular sovereignty to elect a leader to lead a country. The elections to be held in 2024 are legislative and executive elections which will be held simultaneously. Namely, electing the President and Vice President, Members of the People's Legislative Assembly, Members of the Regional Representative Council, and Members of the Provincial and Regency/City Regional People's Representative Councils. In the stages of the general election, it is necessary to have supervision in order to minimize violations in the election. The role of oversight institutions such as PANWASLU at the sub-district level is very helpful in overseeing the stages of the election process. For this reason, it is necessary to have a strategy prepared so that the stages can run according to applicable regulations. Oversight institutions are not only to supervise but also support the stages in the election. This research was conducted to find out how the strategy carried out by PANWASLU in Bungursari District in preventing election violations as well as how election violations are in the Dusturiyah Perspective. Methodology This research uses qualitative methods. The data sources used are primary and secondary data. The results of this study are that the PANWASLU of Bungursari District has carried out several strategies to carry out prevention in elections However, after researching and conducting interviews in Bungursari District in the 2019 election, there was a violation committed, namely Money Politics. In the process of the 2024 election stages in Bungursari District, violations were also found by Pantarlih members, namely in the co-checking process but improvements had been made so that the co-coking stages were as expected. Everything that can interfere with the benefit of mankind is contrary to God's will. So election violations in the perspective of Siyasah Dusturiyah are considered to be able to interfere with the benefit of the people because in the process of selecting a leader there are several things that need attention.
IMPLEMENTASI PERATURAN DAERAH KOTA TASIKMALAYA NOMOR 7 TAHUN 2012 TENTANG PENGELOLAAN SAMPAH DALAM PERSPEKTIF SIYASAH SYAR’IYYAH: (Suatu Penelitian di Dinas Lingkungan Hidup Kota Tasikmalaya) nurjamal, ecep; Ecep Nurjamal; Lukmanul Hakim; Asep A. Arsyul Munir; Litra Wimpi U Rohman
Siyasyatuna | Jurnal Hukum Tata Negara Vol 5 No 1 (2024): September 2024
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/siyasatuna.v5i1.379

Abstract

The background to the waste management policy is the high amount of waste generation in the City of Tasikmalaya. Garbage is something that is always there in everyday life. All those who are active will definitely produce waste as a result of these activities is the increased production of waste generated by the community. To deal with this problem, the Regional Government of Tasikmalaya City issued a Regional Regulation on Waste Management Number 7 of 2012 concerning Waste Management which aims to improve professional waste management so that a clean environment is created and waste is a resource. The aims of this study are: 1) To find out the role of the Environmental Service in waste management based on Regional Regulation of the City of Tasikmalaya Number 7 of 2012 concerning Waste Management. 2) To find out what factors are inhibiting and supporting the implementation of waste management policies based on Regional Regulation Number 7 of 2012 concerning Waste Management. 3) To find out the policies after the issuance of Regional Regulation Number 7 of 2012 concerning Waste Management by Government Apparatuses. 4) To find out the implementation of the Tasikmalaya City Regional Regulation Number 7 of 2012 concerning Waste Management in the Siyasah Syar'iyyah Perspective. The method used in this research is normative juridical and empirical approach. The results of this study indicate that the implementation of waste management policies has not been fully successful in reducing the amount of existing waste generation. In its implementation there are still various obstacles such as, lack of human resources, infrastructure, budget and public awareness. Recommendations that can be given for this problem include socializing local regulations to the community, adding human resources and infrastructure and conducting coaching and training to the people of Tasikmalaya City.
Co-Authors A. Arsyul Munir, Asep Asep A. Arsyul Munir Asep Arsyrul Munir Litra Wimpi U Rohman Lukmanul Hakim Muhammad Ibdan Ruhdinuloh Muhammad Rizfal Muhammad Zidan Munir, Asep nurjamal, ecep Solis Setiawati