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All Journal Jurnal Ilmu Sosial dan Ilmu Politik Malikussaleh (JSPM) Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Rangkuti, Rahmad Efendi
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Religion Arts Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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KOTAK KOSONG SEBAGAI PEMENANG: PERSPEKTIF SIYASAH DUSTURIYAH DALAM PEMILIHAN KEPALA DAERAH DI INDONESIA yahwala Harahap, Muhammad Fadly; Rangkuti, Rahmad Efendi
Jurnal Ilmu Sosial dan Ilmu Politik Malikussaleh (JSPM) Vol. 6 No. 1 (2025)
Publisher : FISIP Universitas Malikussaleh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29103/jspm.v6i1.19945

Abstract

The single candidate phenomenon often arises as a result of various factors, including the political system, election regulations, and the dominance of certain political forces. This raises concerns about the sustainability of a healthy democracy, because it reduces alternative choices for society. The research is normative research that uses a legislative and conceptual approach to review positive Indonesian law as well as the principles of Islamic law. Data was analyzed by data reduction, data presentation and drawing conclusions. The research results show that this phenomenon demands reformulation of election regulations to strengthen the quality of democracy and provide protection for people's political rights. In siyasah dusturiyah a single candidate can be considered to violate the spirit of shura because it reduces the community's right to choose from various alternative leaders. The principle of deliberation is the basis for leadership legitimacy. An empty box victory can be understood as a form of collective deliberation that rejects (public protest) the legitimacy of a single candidate. This shows that the public has not found a candidate who is considered worthy of leading. In the context of modern democracy, the empty box can be seen as a mechanism for channeling public dissatisfaction towards a single candidate. This is in line with the principle of amar ma'ruf nahi munkar which teaches people to reject injustice in the government system. From a siyasah dusturiyah perspective, efforts are needed to ensure leadership that is fair, transparent, and in accordance with the principles of shura (deliberation) in order to realize social justice in Indonesia's democratic system.
Pembatalan Perkawinan Sepersusuan Akibat Ketidaktahuan Kedua Mempelai Berdasarkan Hukum Perdata dan Kompilasi Hukum Islam Rangkuti, Rahmad Efendi; Hasan, Miftahul; Chandra, Irgi Fahreza; Nasution, Kumala Sari  ; Sitorus, Purnama Manda; Hannum, Syarifah; Yulia, Tengku Bebita; Patricia, Andi Yohani
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 5 No. 3 (2023): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v5i3.259

Abstract

In Islam, marriages carried out due to blood relations or mahrams are automatically considered to have never existed and are invalid even though husband and wife have had intercourse. The marriage was canceled by itself because there was a prohibition and the pillars and conditions for a valid marriage were not fulfilled which caused the marriage to be annulled. The method used is Normative Juridical, which aims to know and understand the arrangements for the Compilation of Islamic law regarding same-breeding marriages without the knowledge of the bride and groom and how to resolve disputes over the cancellation of breastfeeding marriages due to ignorance. The legal material used comes from legislation and sources of Islamic law. Because in discussing the problems in this study. Article 8 paragraph 4 of the law on marriage states that there is a prohibition on marriage between two people who are related to breastfeeding, namely children who are breastfed, siblings, aunts or uncles. If the marriage takes place but there is a prohibition or conditions are not met, then the marriage is cancelled. In this case, the process of canceling a marriage has a method in which the party who feels aggrieved submits their case to court if a breastfeeding marriage occurs without the knowledge of the bride and groom, then it is obligatory to cancel the marriage, because it is very clear that Islam prohibits breast-feeding. Keywords: Breastfeeding, Civil Law, Compilation of Islamic Law
Co-Authors Chandra, Irgi Fahreza Hannum, Syarifah Hasan, Miftahul Nasution, Kumala Sari   Patricia, Andi Yohani Sitorus, Purnama Manda yahwala Harahap, Muhammad Fadly Yulia, Tengku Bebita