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Democratic State Governance: The Urgency of Implementing Conventions in Constitutional Practices in Indonesia Mukhlis, Muhammad Mutawalli; Aidonojie, Paul Atagamen; Paidi, Zulhilmi; Tajuddin, Muhammad Saleh
Fenomena Vol 23 No 1 (2024): FENOMENA: Journal of the Social Sciences
Publisher : LP2M UIN KH.Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/fenomena.v23i1.155

Constitutional conventions are often used with different meanings depending on the context of the discussion. Constitutional conventions are only limited to agreements between bilateral and multilateral countries, agreements among international law subjects, meetings of political, legislative, fraternal members or representatives, and other organizations. Constitutional conventions are not formed and built from laws, court decisions, or parliamentary customs but are outside of them to regulate political behavior. This research aims to determine the urgency of constitutional practice conventions in Indonesia. This research uses qualitative research. The method used in this research is a normative legal research method. This research concludes that the Convention in constitutional practice in Indonesia has an essential urgency in forming and regulating government governance. The urgency of conventions in constitutional practice is to perfect the constitutional system, empower state institutions, develop constitutional law, and provide crisis resolution in politics.

Dinamika dan Dialektika Ajaran Tasawuf Zunnun Al-Misri Latif, Mukhlis; Paidi, Zulhilmi; Tajuddin, Muhammad Saleh
ESOTERIK Vol 9, No 1 (2023): Available in June 2023
Publisher : Program Studi Tasawuf dan Psikoterapi, Jurusan Ushuluddin IAIN KUDUS

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/esoterik.v9i1.16945

The study of Islamic thought is one of the studies that has the orientation of conducting studies as well as critical analysis of several thoughts from Islamic thinkers. In the study of Islamic thought, one of the interesting studies is the study of thought in the field of Sufism. This paper aims to examine the ideas of Sufism from Zunnun Al-Misri with the main idea being Al Ma'rifah. This paper will specifically look at the aspects of the teachings and their implications, especially in the repertoire of the development of Islamic thought in the field of Sufism. This research is a qualitative-descriptive study that tries to analyze thoughts based on books or other research works that substantively discuss the thoughts of an Islamic thinker, namely Zunnun Al-Misri. The data collection technique was carried out by collecting references related to studies that discussed Zunnun Al-Misri's thoughts and then sorting them according to the focus of the study in this study. The results of reference collection are then carried out with a precision analysis process. The data analysis technique is carried out by looking at the focus of the study in research to be used as a reference in the literature review process. The results of the literature review based on the results of the study were then used as research conclusions. The results of the study confirm that the dynamics of Zunnun al-Misri's Sufism teachings are influenced by the social realities that developed during Zunnun al-Misri's life which was filled with the brilliance of Muslims in the field of science. This includes the various Sufism teachings of Zunnun al-Misri who were influenced by Fatimah al-Naisaburiyyah. Furthermore, the dialectical idea of Sufism Zunnun al-Misri was constructed by his student, namely Sahl Al-Tustari about Nur Muhammad which is a construction from the views of Al Ma'rifah Zunnun Al-Misri which is contextualized in the person of the Prophet SAW.

Heavy Parliamentary v. Heavy Executive: Ambiguity of Power in Indonesian Constitutional Practices Mukhlis, Muhammad Mutawalli; Wahab, Harlida Abdul; Paidi, Zulhilmi; Sastrawaty, Nila; Hasan, Haslinda
Jurnal Media Hukum Vol 31, No 2 (2024): December
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v31i2.21703

The history of the Indonesian constitution has implemented Parliamentary and Presidential systems at different times. However, in practice it creates ambiguity in system implementation. The presidential system currently implemented is experiencing a dilemma due to regulation and separation of powers which tends to still have a parliamentary nuance. This research is library research that examines and explores regulatory documents, books, journals and other scientific works that are relevant to the topic of discussion. The results of data collection were analyzed in depth and then presented descriptively analytically. This article aims to provide ideas for building a concrete government system based on the shift in power functions that has occurred. This article concludes the need to issue a Law on the Presidential Institution which contains concrete limits on the powers of the President and the DPR. The President's capacity as head of government is limited by the party coalition in parliament. Therefore, it is necessary to redefine the roles and relationships between the President, DPR and political parties, clarify the checks and balances mechanism, and support the effectiveness of concrete and proportional government.

Regional Government According to the 1945 Constitution: Ideas Refinements and Law Reform Mukhlis, Muhammad Mutawalli; Maskun, Maskun; Tajuddin, Muhammad Saleh; Paidi, Zulhilmi
Journal of Law and Legal Reform Vol. 5 No. 2 (2024): Justice and Law Reform in Various Perspectives
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.3125

The concrete division of authority for government affairs between the center and the regions is still a matter of debate to this day, even though in principle the principle of broadest autonomy requires regional governments to carry out government affairs independently and freely. The principle of broadest autonomy in question is the independence of regional heads' powers. This research discusses things that hinder the role of regional governments in administering government according to the principle of broad autonomy and provides ideas for government models that are in accordance with the principles of concrete and pure autonomy in accordance with the mandate of the Indonesian constitution. This research aims to establish a regional government system that regulates the implementation of autonomous government in accordance with the principle of the widest possible autonomy as mandated by article 18 of the 1945 Constitution. This research is qualitative research, which is a normative legal study using a statutory, conceptual approach. and doctrinal. The material collection technique is through literature review, then the material is processed and analyzed in depth and presented in a descriptive analytical prescriptive manner. The results of this research found that there is a need for comprehensive management of regional affairs by regional heads as an embodiment of the principle of broadest autonomy.

Heavy Parliamentary v. Heavy Executive: Ambiguity of Power in Indonesian Constitutional Practices Mukhlis, Muhammad Mutawalli; Wahab, Harlida Abdul; Paidi, Zulhilmi; Sastrawaty, Nila; Hasan, Haslinda
Jurnal Media Hukum Vol. 31 No. 2: December 2024
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v31i2.21703

The history of the Indonesian constitution has implemented Parliamentary and Presidential systems at different times. However, in practice it creates ambiguity in system implementation. The presidential system currently implemented is experiencing a dilemma due to regulation and separation of powers which tends to still have a parliamentary nuance. This research is library research that examines and explores regulatory documents, books, journals and other scientific works that are relevant to the topic of discussion. The results of data collection were analyzed in depth and then presented descriptively analytically. This article aims to provide ideas for building a concrete government system based on the shift in power functions that has occurred. This article concludes the need to issue a Law on the Presidential Institution which contains concrete limits on the powers of the President and the DPR. The President's capacity as head of government is limited by the party coalition in parliament. Therefore, it is necessary to redefine the roles and relationships between the President, DPR and political parties, clarify the checks and balances mechanism, and support the effectiveness of concrete and proportional government.

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