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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 nurjamal, ecep
Siyasyatuna | Jurnal Hukum Tata Negara Vol 3 No 1 (2023): Oktober,2023
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/siyasatuna.v3i1.242

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
TINJAUAN YURIDIS PERJANJIAN TAKLIK TALAK DALAM HUKUM PERKAWINAN DI INDONESIA nurjamal, ecep
Siyasyatuna | Jurnal Hukum Tata Negara Vol 1 No 1 (2021): Hukum Tata Negara
Publisher : Program Studi Hukum Tata Negara

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

Abstract

The number of divorce cases in Indonesia is generally caused by family disharmony caused by economic problems, domestic violence, chronic illness, incompatibility and irreconcilable disputes. In addition, shigat talak is a separate problem in the divorce process where the right to divorce is in the hands of the husband, even though the wife is suing for divorce, verbality must be carried out by the husband or grant it after a judge's decision. In many cases in Indonesia, husbands do not know the mechanism of divorce by using sigat talik, so that when the wife files for divorce, the court gives a verbal decision. The method used is qualitative with a library research model, field research with a Hermeneutic-theoretical-phenomenological approach. The results of this study indicate that the divorce process using shigat talik as the executor is the autonomous right of every Islamic community to regulate it in a Shura bainahum (discuss between you, then the provisions of Article 41 letter C of Law number 1 of 1974 are included in the autonomy rights of the Islamic community and constitute the beginning of the implementation of the right to autonomy
TINJAUAN YURIDIS PERJANJIAN TAKLIK TALAK DALAM HUKUM PERKAWINAN DI INDONESIA nurjamal, ecep
Siyasyatuna | Jurnal Hukum Tata Negara Vol 1 No 1 (2021): Hukum Tata Negara
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/siyasatuna.v1i1.68

Abstract

The number of divorce cases in Indonesia is generally caused by family disharmony caused by economic problems, domestic violence, chronic illness, incompatibility and irreconcilable disputes. In addition, shigat talak is a separate problem in the divorce process where the right to divorce is in the hands of the husband, even though the wife is suing for divorce, verbality must be carried out by the husband or grant it after a judge's decision. In many cases in Indonesia, husbands do not know the mechanism of divorce by using sigat talik, so that when the wife files for divorce, the court gives a verbal decision. The method used is qualitative with a library research model, field research with a Hermeneutic-theoretical-phenomenological approach. The results of this study indicate that the divorce process using shigat talik as the executor is the autonomous right of every Islamic community to regulate it in a Shura bainahum (discuss between you, then the provisions of Article 41 letter C of Law number 1 of 1974 are included in the autonomy rights of the Islamic community and constitute the beginning of the implementation of the right to autonomy
TINJAUAN HUKUM PERDA SYARIAH KOTA TASIKMALAYA NOMOR 7 TAHUN 2014 DALAM PRESPEKTIF HUKUM TATA NEGARA nurjamal, ecep
Siyasyatuna | Jurnal Hukum Tata Negara Vol 2 No 1 (2023): Vol.2 No.1 Tahun 2023
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/siyasatuna.v2i1.166

Abstract

The Regional Autonomy Policy (Otda) in the post-New Order era has brought about major changes in the political system in Indonesia, which was originally centralized to become decentralized. The purpose of this study is to determine the position of PERDA in the post-reform Indonesian legal system. The approach to be used is an empirical juridical approach. The research is based on an inventory of positive law, the discovery of legal principles and the discovery of inconcretto law, complemented by empirical observations of the operationalization of law in society. The results of this study show that the Sharia regional regulations that have been widely enforced in the regions to date, are recognized as having benefits, including increasing public security and order. What is also important to study, is that the increased sense of security in society needs to be examined and further investigated, because this symptom may just be an effect or a reflection of the public's fear of sharia. If so, then this phenomenon is not a true reflection of the strengthening of legal and security institutions. That is, what actually takes place is not citizen legal compliance as a result of the objective situation that is created, but because of a perceived fear of the sharia police who are perceived as carrying out their duties in the name of religion
TINJAUAN YURIDIS PERJANJIAN TAKLIK TALAK DALAM HUKUM PERKAWINAN DI INDONESIA nurjamal, ecep
Siyasyatuna | Jurnal Hukum Tata Negara Vol 1 No 1 (2021): Hukum Tata Negara
Publisher : Program Studi Hukum Tata Negara

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

Abstract

The number of divorce cases in Indonesia is generally caused by family disharmony caused by economic problems, domestic violence, chronic illness, incompatibility and irreconcilable disputes. In addition, shigat talak is a separate problem in the divorce process where the right to divorce is in the hands of the husband, even though the wife is suing for divorce, verbality must be carried out by the husband or grant it after a judge's decision. In many cases in Indonesia, husbands do not know the mechanism of divorce by using sigat talik, so that when the wife files for divorce, the court gives a verbal decision. The method used is qualitative with a library research model, field research with a Hermeneutic-theoretical-phenomenological approach. The results of this study indicate that the divorce process using shigat talik as the executor is the autonomous right of every Islamic community to regulate it in a Shura bainahum (discuss between you, then the provisions of Article 41 letter C of Law number 1 of 1974 are included in the autonomy rights of the Islamic community and constitute the beginning of the implementation of the right to autonomy
TINJAUAN YURIDIS PERJANJIAN TAKLIK TALAK DALAM HUKUM PERKAWINAN DI INDONESIA nurjamal, ecep
Siyasyatuna | Jurnal Hukum Tata Negara Vol 1 No 1 (2021): Hukum Tata Negara
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/siyasatuna.v1i1.68

Abstract

The number of divorce cases in Indonesia is generally caused by family disharmony caused by economic problems, domestic violence, chronic illness, incompatibility and irreconcilable disputes. In addition, shigat talak is a separate problem in the divorce process where the right to divorce is in the hands of the husband, even though the wife is suing for divorce, verbality must be carried out by the husband or grant it after a judge's decision. In many cases in Indonesia, husbands do not know the mechanism of divorce by using sigat talik, so that when the wife files for divorce, the court gives a verbal decision. The method used is qualitative with a library research model, field research with a Hermeneutic-theoretical-phenomenological approach. The results of this study indicate that the divorce process using shigat talik as the executor is the autonomous right of every Islamic community to regulate it in a Shura bainahum (discuss between you, then the provisions of Article 41 letter C of Law number 1 of 1974 are included in the autonomy rights of the Islamic community and constitute the beginning of the implementation of the right to autonomy
TINJAUAN HUKUM PERDA SYARIAH KOTA TASIKMALAYA NOMOR 7 TAHUN 2014 DALAM PRESPEKTIF HUKUM TATA NEGARA nurjamal, ecep
Siyasyatuna | Jurnal Hukum Tata Negara Vol 2 No 1 (2023): Vol.2 No.1 Tahun 2023
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/siyasatuna.v2i1.166

Abstract

The Regional Autonomy Policy (Otda) in the post-New Order era has brought about major changes in the political system in Indonesia, which was originally centralized to become decentralized. The purpose of this study is to determine the position of PERDA in the post-reform Indonesian legal system. The approach to be used is an empirical juridical approach. The research is based on an inventory of positive law, the discovery of legal principles and the discovery of inconcretto law, complemented by empirical observations of the operationalization of law in society. The results of this study show that the Sharia regional regulations that have been widely enforced in the regions to date, are recognized as having benefits, including increasing public security and order. What is also important to study, is that the increased sense of security in society needs to be examined and further investigated, because this symptom may just be an effect or a reflection of the public's fear of sharia. If so, then this phenomenon is not a true reflection of the strengthening of legal and security institutions. That is, what actually takes place is not citizen legal compliance as a result of the objective situation that is created, but because of a perceived fear of the sharia police who are perceived as carrying out their duties in the name of religion
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 nurjamal, ecep
Siyasyatuna | Jurnal Hukum Tata Negara Vol 3 No 1 (2023): Oktober,2023
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/siyasatuna.v3i1.242

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
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..
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.