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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Analisa: Journal of Social Science and Religion
Asa’ari, Asa’ari
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Religion Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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TITLE WALIYUL AMRI ADH-DHARURI BI SYAUKAH AS NU’S SUPPORT TO SOEKARNO IN GUIDED DEMOCRACY 1959-1965 Asa’ari, Asa’ari; Ahmad, Jafar; Nurjaman, Andri; Witro, Doli; Alghani, Raid
Analisa: Journal of Social Science and Religion Vol 7, No 2 (2022): Analisa: Journal of Social Science and Religion
Publisher : Balai Penelitian dan Pengembangan Agama Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18784/analisa.v7i2.1784

Abstract

The Nahdlatul Ulama Party is one of the Islamic parties that became a loyalist party to President Soekarno during the implementation of guided democracy. This is because the political strategy used by the NU Party is a realistic political strategy and tends to be accommodating and cooperative in dealing with President Soekarno’s new political situation, namely guided democracy. So that after the NU Party decided to accept guided democracy, the return of the 1945 Constitution, and the Nasakom and Manipol-Usdek, the NU party supported the leadership of President Soekarno, one of its supports was the awarding of a charter with the title waliyul amri adh-dharuri bi syaukah from Nahdlatul Ulama to President Soekarno. This paper aims to reveal the waliyul amri adh-dharuri bi syaukah title charter as moral support from the Nahdlatul Ulama Party to the leadership of President Soekarno during the guided democracy. The method used in this study is the historical method, while the approach used is the hermeneutic theory of Paul Ricoeur. The results of the study show that the waliyul amri adh-dharuri bi syaukah charter is a form of moral support from the Nahdlatul Ulama Party for the leadership of President Soekarno, so it has legitimized that the government led by President Soekarno himself is a legitimate government according to the eyes of fiqh law. This charter is also the basis for acceptance and support from the NU Party for President Soekarno and his guided democracy.
Considering Death Penalty for Corruptors in Law on Corruption Eradication from the Perspective of Maqāṣid al-Syarī‘ah Asa’ari, Asa’ari; Ahmad, Jafar; Zufriani, Zufriani; Witro, Doli; Kustiawan, Muhamad Taufik
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 2 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i2.14944

Abstract

The implementation of the death penalty for corruptors has never been decided by any judges throughout the history of law enforcement in Indonesia. However, Law No. 31 of 1999 jo Law No. 20 of 2001 on Corruption Eradication has established the criteria or conditions for a corruptor to be sentenced to death. This was an empirical legal study which was conducted by library research. This article examines judge decisions by a descriptive analysis. The theory used in this research was maqāṣid al-syarī‘ah. The paradigm was used to determine the dynamics of Islamic law in analysing the death penalty for corruptors. This study was based on the Social Assistance (Bansos) corruption committed by former Minister of Social Affairs, Julia Peter Batubara, during the Covid-19 pandemic. The corruption was committed by Julia Peter Batubara when there was an epidemics and national economic crisis. This study found that the death penalty for corruptors is affected by political power, allowing corrupt officials to escape the death penalty.
Co-Authors Ahmad, Jafar Alghani, Raid Kustiawan, Muhamad Taufik Nurjaman, Andri Witro, Doli Zufriani, Zufriani