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All Journal Legal Standing : Jurnal Ilmu Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Jurnal Geocivic AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW Media Hukum Indonesia (MHI)
Latua, Abidin
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Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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KONTEKSTUALISASI TEORI ‘ÂM DAN KHÂSH DALAM PENEMUAN HUKUM ISLAM DI INDONESIA Latua, Abidin
Jurnal GeoCivic Vol 7, No 2 (2024): EDISI OKTOBER
Publisher : Universitas Khairun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/geocivic.v7i2.9366

Abstract

The discovery of Islamic law in Indonesia faces challenges in integrating classical theories with the local context. This article discusses the contextualization of 'am (general) and khas (specific) theories in the process of discovering Islamic law in Indonesia. This research uses a qualitative approach with literature analysis of classical and modern Islamic legal sources, as well as a study of the practice of implementing Islamic law in Indonesia. The research results show that the 'am and khas theories have high relevance in exploring Islamic law in accordance with the cultural values and needs of Indonesian society. This approach allows flexibility in adapting Islamic law without ignoring sharia principles. Contextualization of this theory is important to bridge the gap between classical texts and dynamic social reality. Thus, this article makes a significant contribution to the development of a methodology for discovering Islamic law that is contextual, progressive, and rooted in the Islamic scientific tradition.
Teokrasi dan Musyawarah dalam Pemerintahan Nabi Muhammad Saw Mengenai Kajian Konstitusional atas Piagam Madinah Habib Habiby Tambunan, Alreza Revaldo; Putra, Farandi Wiryanata; Latua, Abidin
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 11, No 1 (2025)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v11i1.15584

Abstract

The Islamic system of government has undergone significant development throughout the history of the Muslim community. Beginning with the leadership of Prophet Muhammad SAW, governance was based on divine revelation and the principles of justice and consultation. The period of the Khulafaur Rasyidin continued this legacy by emphasizing shura (consultation) and leadership equality. However, a notable shift occurred during the Umayyad Dynasty, which introduced hereditary monarchy, followed by the Abbasid Dynasty, which developed a more complex governmental bureaucracy. This study addresses the characteristics of Islamic governance in each period and how these transformations affected the core principles of Islamic rule. The research employs a descriptive-qualitative method with a historical-comparative approach, aiming to analyze the dynamics and transformation of government systems from the Prophet Muhammad's era to the Abbasid Dynasty. The findings reveal that although core Islamic values such as justice, consultation, and adherence to Sharia remained foundational, the exercise of power shifted from collective to monarchical structures. This study concludes that socio-political contexts greatly influenced the form and implementation of governance in Islamic history.
Perbandingan Sistem Pemerintahan Nabi Muhammad Shallallahu ‘Alaihi Wasallam dan Pemerintahan Indonesia Perspektif Politik Profetik Kuntowijoyo Lesmana, Irwan; Hidayat, Muhammad Panji; Latua, Abidin
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15521551

Abstract

This study discusses the comparison between the governance system during the time of Prophet Muhammad (peace be upon him) and the governance system in Indonesia, particularly from the perspective of Kuntowijoyo’s prophetic political theory. The governance system in the Prophet’s era and modern Indonesia have fundamental differences, yet both can be comprehensively analyzed through Kuntowijoyo’s prophetic politics, which emphasizes the values of humanization, liberation, and transcendence. The Prophet’s governance was based on divine revelation, incorporating principles of consultation (shura), social justice, and respect for the diversity of the Madinah community, exercising power as a moral trust within a theodemocratic system. Meanwhile, Indonesia’s governance adopts a representative democracy with separation of powers and legitimacy derived from the people’s mandate through elections, but it still faces challenges in fully actualizing prophetic values. Therefore, political and ethical leadership reforms grounded in prophetic political principles are essential so that modern governance not only operates formally and legally but also realizes social justice and structural liberation, leading to a civilized and dignified society.
Kedudukan Kejaksaan di Indonesia: Perspektif Fiqih Siyasah Ferdika, Ario Feby; Mu’in, Fathul; Latua, Abidin; Hendriyadi, Hendriyadi
As-Siyasi: Journal of Constitutional Law Vol. 2 No. 1 (2022): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v2i1.12778

Abstract

Law Number 16 of 2004 concerning the Attorney General's Office places the prosecutor's office as an executive body, but Law Number 48 of 2009 concerning judicial power places the position of the prosecutor as a judicial body. In Islamic law, the position of the prosecutor's office is not clearly explained, but the position of the prosecutor's office can be likened to the wilayah al-hisbah. However, the position of the prosecutor's office in Indonesia is still not in accordance with the rules of Islamic law. This study aims to determine the position of the prosecutor in the institutional structure of the Indonesian state and analyze it from the perspective of siyasah fiqh. This research is a normative legal research using secondary data in the form of primary, secondary and tertiary legal materials. This study concludes that the position of the Prosecutor's Office is one of the state institutions which is not clearly explained in the siyasa dusturiyah, but the duties and functions of the Prosecutor's Office in general can be similar to the wilayah al-hisbah. The Prosecutor's Office in the general court can be found in Islamic courts, namely the Al-Hisbah Area, or it can also be called in modern language Qadha' Hisbah.  Al-Hisbah Territory  is a body that adjudicate violations of shari'a outside the court, not because of demands from the prosecution, but because of violations. Although in some respects, the Al-Hisbah Region and the prosecutor's office have differences in some tasks and places to adjudicate a case. Where in the wilayah al-hisbah tried him outside the court, while the Prosecutor's Office tried him in the trial or court.
Analisis Siyasah Tanfidziyah Terhadap Implementasi Undang-Undang No 40 Tahun 2007 Tentang Perseroan Terbatas Nisak, Siti Marhumatun; Faizal, Liky; Latua, Abidin
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 5 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i5.12254

Abstract

Limited liability companies operate within the fabric of society and, therefore, their presence should ideally generate mutual benefits for both the corporation and the surrounding community. In pursuit of this objective, Article 74(1) of Law No. 40 of 2007 on Limited Liability Companies mandates that companies engaged in sectors related to natural resources are obligated to fulfill their social and environmental responsibilities. However, in practice, the implementation of this law is often limited to a formal compliance effort, lacking substantive action to achieve its intended purpose. Such responsibilities should be carried out earnestly to ensure that the intended social and environmental outcomes are effectively realized and not rendered ineffective or meaningless. The implementation of social responsibility in Law Number 40 of 2007 is a government effort to improve the standard of living of the community with regulations that should be implemented by the limited liability company. With data collection techniques through field research. Islamic law regulates between rights and obligations for the welfare of humanity with the existence of Fiqh siyasah tanfidziyyah, it can ensure that the policies implemented by limited liability companies and the government are truly appropriatein order to achieve the welfare of society.
KONTEKSTUALISASI TEORI ‘ÂM DAN KHÂSH DALAM PENEMUAN HUKUM ISLAM DI INDONESIA Latua, Abidin
Jurnal GeoCivic Vol 7, No 2 (2024): EDISI OKTOBER
Publisher : Universitas Khairun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/geocivic.v7i2.9366

Abstract

The discovery of Islamic law in Indonesia faces challenges in integrating classical theories with the local context. This article discusses the contextualization of 'am (general) and khas (specific) theories in the process of discovering Islamic law in Indonesia. This research uses a qualitative approach with literature analysis of classical and modern Islamic legal sources, as well as a study of the practice of implementing Islamic law in Indonesia. The research results show that the 'am and khas theories have high relevance in exploring Islamic law in accordance with the cultural values and needs of Indonesian society. This approach allows flexibility in adapting Islamic law without ignoring sharia principles. Contextualization of this theory is important to bridge the gap between classical texts and dynamic social reality. Thus, this article makes a significant contribution to the development of a methodology for discovering Islamic law that is contextual, progressive, and rooted in the Islamic scientific tradition.
SUBYEK HUKUM (ORANG ATAU BADAN HUKUM) DALAM TINJAUAN HUKUM POSITIF DAN HUKUM ISLAM Latua, Abidin
Jurnal GeoCivic Vol 7, No 1 (2024): EDISI APRIL
Publisher : Universitas Khairun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/geocivic.v7i1.8312

Abstract

Legal entities in the perspective of Islamic law are recognized as legal subjects. The subject of law (mahkum 'alaih) in Islamic law is themukallaf, namely a person who has fulfilled the requirements for competence to act legally (ahliyah al-ada'). Legal subjects based on positive law consist of persons (humans) and legal entities (rechtpersoon), where a legal actor must act and act with the conditions of competence as the law regulates. The position of legal entities as legal subjects is regulated in the Sharia Economic Law Compilation Chapter Legal Subjects.
The Analysis of Decision of The Constitutional Court Number 97/Puu-Xiv/2016 Concerning Population Administration on The Rights and Position of Believers Latua, Abidin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.2973

Abstract

The research is to take a closer and explicit look at the position of believers in the Constitutional Court's decision through synchronizing the existence or existence of believers in Yogyakarta. In order to ensure whether or not these concerns are true, and to what extent are the rights and positions guaranteed in the decision of the Constitutional Court, and what is the position of believers in the Constitutional Court Decision Number 97/PUUXIV/2016 concerning Population administration in terms of perspective (Maqāṣid ash-Syarī‘ah). The type of legal research used in the preparation of this research is field research, which is conducting direct observations with in-depth interviews with sources that have been determined based on the researcher's knowledge using the purposive sampling method. The approach used in this research is normative juridical (Statute Approach) and empirical or sociological juridical. The normative juridical approach is carried out by referring to the legal norms contained in the legislation, decisions and legal norms that exist in society. The results of the research show that the considerations of the judges of the Constitutional Court related to the Philosophical, Textual, and Sociological Legal Interpreters in deciding the case Number 97/PUU-XIV/2016 concerning the review of the Population Administration Law, have fulfilled the basic rights of believers and provide justice to adherents of the sect. trust, then when viewed with the study of Human Rights the Constitutional Court's 
Co-Authors Ferdika, Ario Feby Habib Habiby Tambunan, Alreza Revaldo Hendriyadi, Hendriyadi Hidayat, Muhammad Panji Lesmana, Irwan Liky Faizal Mu’in, Fathul Nisak, Siti Marhumatun Putra, Farandi Wiryanata