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All Journal Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab Jurnal Al Tasyri'iyyah International Journal of Law Society Services
Gunawan, Muhammad Safaat
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Penggantian Biaya Pemanggilan Saksi Berdasarkan Pasal 229 KUHAP di Kabupaten Gowa: Perspektif Hukum Islam Azizah, Nur; Mujahidah, Nurul; Gunawan, Muhammad Safaat; Sofyan, Sofyan; Mulya A, Muh Alyan
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 4 ISSUE 3, SEPTEMBER 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v4i3.43077

Abstract

The subject matter of this study is the Islamic Law view on Reimbursement of Witness Costs in Fulfilling Summons Based on Article 229 of the Code of Criminal Procedure in Gowa District from an Islamic legal perspective. The type of research used in this study is a type of qualitative descriptive field research, as for the approach used, normative juridical and normative theological approaches, then the primary data sources are interviews conducted at the Gowa Police Station, the Gowa Prosecutor's Office and the community who have been witnesses in solving cases in Gowa district. Both secondary data sources are sourced from books, journals, and other sources related to this research. Data collection methods carried out, namely observation, interviews, documentation and literature studies. The results of the research obtained are that the reimbursement of witness summoning costs in Gowa district has not been carried out in accordance with what is stipulated in Article 229 of the Code of Criminal Procedure. The inhibiting factors are because the budget items given each year only increase by a few percent while the increase in the number of cases that occur and those reported soar every year, and causes the reimbursement of witness summoning costs has not been optimally applied. In Islamic law, the reimbursement of the cost of summoning witnesses is not specifically regulated but in the Qur'an is equated with the granting of the right to all to create justice for human beings.
Hak Anak dalam Konstitusi di Indonesia Andi Tenri Padang; Sofyan; Gunawan, Muhammad Safaat
Jurnal Al Tasyri'iyyah VOLUME 3 ISSUE 1, JUNE 2023
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jat.vi.43071

Abstract

ABSTRACT The main issues in this research are how the legal protection of children's rights is regulated in the Indonesian constitution, what is the state's responsibility for the constitutional rights of children in Indonesia. The results of this study indicate that the protection of children's rights in the Indonesian constitution of the 1945 Constitution has been outlined both in writing and impliedly in Article 28 B paragraph 2, Article 28 D paragraph 1, and Article 34 paragraph 1 which explicitly recognizes the existence of children's rights. which must be protected both to sustain life, grow and develop as well as protection from various violence and acts of care. The State of Indonesia has carried out various obligations and responsibilities to maintain and provide protection for children's constitutional rights through normative arrangements, special programs and the establishment of various state institutions capable of carrying out child protection specifically including the Ministry of Women and Children's Empowerment, the Commission Child Protection, the Police Women and Children Protection Unit and Non-Governmental Organizations Special for Children. Keywords: Children's Rights, Constitution in Indonesia
The Degradation of Law and Democracy in Indonesia Gunawan, Muhammad Safaat; Mujahidah, Nurul
International Journal of Law Society Services Vol 4, No 2 (2024): International Journal of Law Society Services
Publisher : LAW FACULTY UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlss.v4i2.40220

Abstract

Executive dominance in Indonesia has long been a major concern in the administration of a democratic state. This has raised concerns about the potential disruption of power balance between the executive, legislative and judiciary, which are the main pillars in maintaining law and democracy. This article examined efforts to strengthen the checks and balances mechanism of the legislative and judiciary as a response to executive dominance. The research used a descriptive-analytical approach to explore how the role of the legislative and judiciary in controlling and balancing executive power. The results showed that despite the major challenges faced, there are significant efforts to strengthen the checks and balances mechanism, such as increasing the role of the DPR in oversight and legislation. In addition, maintain the independence of the judiciary in enforcing the law as well as the urgency of establishing a presidential law that can serve as a legal basis for the judiciary in taking action against various kinds of violations committed by state officials. Nonetheless, existing challenges exhibit the need for further reforms to ensure a healthy and sustainable balance of power, which is an essential prerequisite for maintaining the integrity of law and democracy in Indonesia.
Peraturan Gubernur Nomor 2 Tahun 2025 dan Kebijakan Poligami Aparatur Sipil Negara: Kajian Perbandingan Hukum Positif dan Hukum Islam: A Comparative Study of Positive Law and Islamic Law Gunawan, Muhammad Safaat; Mujahidah, Nurul
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 2, MAY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i2.55532

Abstract

Governor Regulation Number 2 of 2025 regulates the procedures for granting marriage and divorce permits for the State Civil Apparatus in the Special Capital Region of Jakarta, including policies regarding polygamy. In Indonesian positive law, polygamy is permitted with strict requirements, such as the consent of the first wife, urgent reasons, and permission from authorized officials. On the other hand, in Islamic law, polygamy is permitted with a maximum limit of four wives, with the main provision being justice in material and emotional aspects. This study aims to compare the regulation of polygamy in Governor Regulation Number 2 of 2025 with the principles of Islamic law and examine its impact on the State Civil Apparatus and their families. Using a juridical-normative research method and a theological approach, this study referred to positive legal sources such as the Marriage Law and Government Regulations, as well as the arguments in Islamic law that regulated polygamy. The results of the study showed that although positive law and Islamic law both recognize polygamy, there were significant differences in their requirements and implementation. Positive law emphasized strict administrative control to prevent abuse, while Islamic law provided space with conditions of justice that are difficult to fulfill absolutely. Presenting this Governor Regulation as a real effort by the government to control the practice of polygamy in the State Civil Apparatus environment in the Special Capital Region of Jakarta, in order to maintain family stability and the professionalism of civil servants.
A Amnesty and Abolition: Between Political Reconciliation and Justice from an Islamic Legal Perspective: Amnesti dan Abolisi: Antara Rekonsiliasi Politik dan Keadilan dalam Perspektif Hukum Islam Gunawan, Muhammad Safaat; Mujahidah, Nurul; Azizah, Nur; Putra M, Hilton Tarnama; Sofyan, Sofyan
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 3, SEPTEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i3.60985

Abstract

The discourse on amnesty and abolition in Indonesia has tended to be understood merely as a political legal instrument oriented toward the interests of the state, when in practice there is a tension between the aspects of justice, political reconciliation, and the protection of human rights. The cases of granting amnesty to Hasto Kristiyanto and abolition to Thomas Trikasih Lembong show a gap between the normative basis of positive law and the need for equitable reconciliation. This study aims to analyze the concepts of amnesty and abolition not only as political products, but also as legal instruments that have moral and religious legitimacy. The method used is normative legal research with a legislative, conceptual, historical, and theological approach, supported by primary legal sources, secondary literature, and authoritative references to Islamic jurisprudence. The results of the study show that, conceptually, amnesty and abolition not only serve to ease political conflict, but also have relevance to Islamic legal values. Amnesty can be interpreted as a reflection of the principle of rahmah (mercy) and the restoration of substantive justice through forgiveness and reconciliation, while abolition is in line with the principle of daf‘ al-mafsadah (prevention of harm) as an effort to maintain social stability and national unity. The common ground between the two legal frameworks is that they both view amnesty and abolition not merely as political products, but also as means of achieving justice and national reconciliation. Amnesty and abolition in the perspective of Islamic law can also strengthen the legitimacy of Indonesian positive law while providing a more comprehensive legal protection framework. This study offers an integration of Islamic legal values with positive law in the context of transitional justice, thereby enriching the scientific discourse on the relationship between law, politics, and religion in conflict resolution and national reconciliation in the contemporary era.
Co-Authors Andi Tenri Padang Mujahidah, Nurul Mulya A, Muh Alyan Nur Azizah Putra M, Hilton Tarnama Sofyan Sofyan Sofyan