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Presidential Nominations from Active Cabinet Ministers: A Delicate Balance between the Interpretation of Constitutional Court Decisions and Political Interests Zaini, Ahmad; Jambunanda, Ahmad Jamaludin; Ishom, Muhammad; Sunardi, Dedi; Pudoli, Asep
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 6 Issue 2 (2023) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v6i2.9355

The Constitutional Court’s Decision number 68/PUU-XX/2022 has sparked substantial debate among various societal factions. The controversy stems from the interpretation that the ruling potentially enables ministers to misuse their authority and exploit state resources for electoral advantages while running for President or Vice President, without necessitating resignation from their current position. This study seeks to discern the ramifications of the Constitutional Court's decision number 68/PUU-XX/2022 on the roles and authorities of ministers within a presidential government structure, and to scrutinize the decision from an Islamic law/siyasah perspective. This investigation adopts a descriptive qualitative approach, grounded in library research. The normative juridical methodology is employed, focusing on decision number 68/PUU-XX/2022. The study concludes that within the context of siyasah sharia, the decision could compel the nation’s leader (the President) to promulgate legal regulations that violate the principle of fairness between high-ranking and ordinary officials. However, the President risks being deemed unconstitutional if derivative regulations stemming from the decision are not enacted. Power abuse by state officials (ministers), partly driven by conflict of interest, is a critical concern. From the perspective of Islamic law/siyasah, the decision’s implications could potentially harm society and the government.

Critiques Towards Family Law in Egypt Through the Work of Nawal El Saadawi Permana, Dede; Naffati, Abdel Kader; Jambunanda, Ahmad Jamaludin
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 1 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i1.8530

The history of family law reform in Islamic World can’t be separated from contributions of the thoughts of the Islamic scholars from time to time. One of them is Nawal el Saadawi's contribution through her criticism of family law in Egypt. This article aims to discuss some of Nawal's criticisms based on two questions. First, what is Nawal el Saadawi's criticism of family law in Egypt? Second, what solution does Nawal offer to realize a family law that - she calls - is just? By answering both of the questions, it is hoped that this study will provide inspiration for academics and legal practitioners in their efforts to find a gender-just family law format. The method used in this research is qualitative with library research, namely by examining library sources that are relevant to the research theme. The results of this research are, first, material in Egyptian family law relating to divorce procedures, polygamy, bait at tho'ah, living and hadhanah, which Nawal considers is still discriminatory towards women. This discrimination occurs because the state ignores patriarchal culture in society. Second, in Nawal's view, efforts to realize just family law must be started from strengthening the principle of freedom of thought among Islamic scholars and legal practitioners.

Transformation of Classical Law to Contemporary in Islamic-Based Marriage Law to Respond to Legal Developments in Indonesia Jambunanda, Ahmad Jamaludin
Al Ahkam Vol. 19 No. 2 (2023): Juli-Desember 2023
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v19i2.9551

Marriage law is a provision that applies in regulating the marriage system itself. This research was conducted as an effort to find out the transformation of marriage law from classical to contemporary. Laws are made to regulate and provide all understanding of society in accordance with applicable norms and sanctions. Law is important in order to uphold justice for all human beings. Marriage is an important part that needs to be regulated in marriage law. Therefore, the marriage law is made on the basis of and needs in addressing every condition that occurs in household life. However, each of these draft ideas or rules will be agreed upon by the Regional Representatives Council (DPR). The DPR has the right to amend and draft a new law. Likewise, marriage law needs to be transformed in order to produce a more developed design. Marriage law needs to be regulated both in state law and Islamic law, both of which have an important position so that the agreed draft does not favor one applicable law. In addition, classical legal drafts need to be updated in accordance with the progress of civilization

Guaranteeing the Rights of Children and Women Post-Divorce: A Comparative Study Between Indonesia and Malaysia Musaddad, Endad; Ishom, Muhammad; Mat Hussin, Mohd Norhusairi; Jambunanda, Ahmad Jamaludin
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 1 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

The enforcement of court decisions regarding custody (hadanah) and alimony (nafkah) for children and ex-wives post-divorce is frequently inadequate, with many husbands failing to comply. Although decisions based on legal provisions (rechtsspraack naar wetboeken) should be effective according to the principle of the Effectiveness of Law, numerous children and women in Indonesia suffer from the ineffective execution of judges' rulings in alimony and custody cases. Ensuring the rights of children and women after divorce can be improved through proper implementation of laws in a preventive, curative, and supportive manner. In Indonesia, the E-Mosi Caper application has been developed in Bengkulu Province, in collaboration with the PTA Bengkulu and local government, to enhance the effectiveness of laws concerning custody and alimony. This application could serve as a model for other regions. In contrast, Malaysia has established a Family Support Division (BSK) tasked with overseeing maintenance payments to support children and ex-wives after divorce. This study employs a comparative legal method to examine the frameworks for ensuring the rights of children and women post-divorce in both countries. The findings aim to highlight the effectiveness of the existing systems and after recommendations for improving law enforcement and protecting post-divorce rights.

Investasi syariah dalam meningkatkan profitabilitas PT. Asuransi Takaful Keluarga di tengah tantangan ekonomi global Budiman, Ardiyan; Humaemah, Ratu; Surahman, Surahman; Jambunanda, Ahmad Jamaludin
AL-Muqayyad Vol. 8 No. 1 (2025): Al-Muqayyad
Publisher : STAI Auliaurrasyidin Tembilahan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46963/jam.v8i1.2333

This research examines how the implementation of sustainable Islamic investment can encourage profit growth at PT. Asuransi Takaful Keluarga. This study aims to analyze the effect of the implementation of sustainable sharia investment on the profit growth of PT. Asuransi Takaful Keluarga in the midst of global economic challenges. Through a qualitative approach, this study found that the implementation of sustainable Islamic investment contributed significantly to the increase in company profits. This is due to several factors, including increased investor confidence and reduced operational risk. This research shows that sustainable Islamic investment is not only limited to fulfilling social and environmental aspects, but can also be an effective business strategy to improve the company's financial performance.

Voices from the Forest: Indigenous Perspectives on Conservation and Cultural Identity in Southeast Asia Jambunanda, Ahmad Jamaludin; Musa, Muhammad Amin; Karimuddin, Karimuddin; Jassey, Lamin; Muparikhah, Dalilatul
Indigenous Southeast Asian and Ethnic Studies Vol. 1 No. 2 (2025): September
Publisher : Universitas Islam Negeri Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32678/iseaes.v1i2.22

This article examines the critical role of Indigenous Peoples in Southeast Asia in both nature conservation and cultural preservation. Employing a qualitative methodological approach, this study incorporates case studies from Indonesia, Malaysia, and Vietnam. Data collection was conducted through literature reviews of reputable sources and interviews with indigenous community members. The findings highlight the unique knowledge and traditions Indigenous Peoples uphold in sustaining cultural and environmental heritage. However, they encounter a range of challenges, including land disputes, the adverse effects of climate change, and systemic discrimination against unrecognised indigenous rights. This article seeks to articulate the key arguments and contributions of research in advocating for the legal protection and recognition of Indigenous Peoples’ rights, while also examining the role of mass media in fostering public awareness of their struggles. It is anticipated that the findings of this study will serve as a foundation for formulating policies that more effectively support the sustainability of both indigenous communities and their environment.

Critiques Towards Family Law in Egypt Through the Work of Nawal El Saadawi Permana, Dede; Naffati, Abdel Kader; Jambunanda, Ahmad Jamaludin
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 1 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i1.8530

The history of family law reform in Islamic World can't be separated from contributions of the thoughts of the Islamic scholars from time to time. One of them is Nawal el Saadawi's contribution through her criticism of family law in Egypt. This article aims to discuss some of Nawal's criticisms based on two questions. First, what is Nawal el Saadawi's criticism of family law in Egypt? Second, what solution does Nawal offer to realize a family law that - she calls - is just? By answering both of the questions, it is hoped that this study will provide inspiration for academics and legal practitioners in their efforts to find a gender-just family law format. The method used in this research is qualitative with library research, namely by examining library sources that are relevant to the research theme. The results of this research are, first, material in Egyptian family law relating to divorce procedures, polygamy, bait at tho'ah, living and hadhanah, which Nawal considers is still discriminatory towards women. This discrimination occurs because the state ignores patriarchal culture in society. Second, in Nawal's view, efforts to realize just family law must be started from strengthening the principle of freedom of thought among Islamic scholars and legal practitioners.

Constitutional Transition in a Democratic State: A Critical View of the Omnibus Law Establishing Employment Copyright Law Rahman, Arif; Zaini, Ahmad; Hajani, Hajani; Haerudin, Rendi; Jambunanda, Ahmad Jamaludin
Journal of Law and Legal Reform Vol. 5 No. 4 (2024): Contemporary Issues on Law Reform in Indonesia and Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i4.1552

The debate regarding Omnibus Law as the main means for structuring legal regulations in Indonesia attracted a lot of public attention when the Omnibus Law method, which was previously little known in Indonesia as a country that adheres to the Continental European legal system, was used in the preparation of draft laws (RUU). How does the constitutional transition to the establishment of an omnibus law on copyright work in a democratic country? How do we review the constitutionality of the implementation of the Omnibus Law and the copyright mechanism in the formation of statutory regulations? This research uses the concept of normative descriptive research, or what can be called normative juridical research. With this method, law is interpreted as what is written in legislation (law in a book), or law is interpreted as a legal rule, which is a standard for appropriate behavior. The Omnibus Law method practiced in the common law system is interpreted as a (new) law that regulates various kinds of regulations to simplify the various laws that are still in force. Constitutionally, the legal position of the omnibus law concept has not been regulated in the legal system or in the laws and regulations in Indonesia. Law No. 11 of 2020 concerning Job Creation, which was formed using the Omnibus method, is considered to be constitutionally contradictory because it does not have clear objectives and formulation, both in terms of the standard of formation, the systematics of its creation, and the process of changing its substance.

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