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Sejarah Sistem Pemerintahan dan Kekuasaan Eksekutif di Indonesia Khuluqi, Mohammad Ahsanul; Muwahid, Muwahid
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 26 No 2 (2023): Al-Qanun, Vol. 26, No. 2, Desember 2023
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alqanun.2023.26.2.167-180

Abstract

To understand a legal system, the first thing that must be comprehended is a consensus regarding the history or background of the system's existence. In Indonesia's government system, which adheres to a presidential system, many changes occurred before the amendment to the 1945 Constitution. The government system in Indonesia has shifted from a presidential system where the president is the country's highest leader to a parliamentary system where a prime minister is the head of government. Then, it retook its original feature from a parliamentary system to a presidential system where full command rests with the president as the leader of the state and government. The role of electoral politics was far behind the changes in the dynamics of the legal system. The actual context of government, in this case, the executive, is much simplified and reorganized regarding the existing legal political system. The president, who is part of the key to the highest power in the executive area, oversees various public positions such as ministers and other areas of the executive area.
A COMPARATIVE STUDY OF TAWKIL AL-WALI UNDER INDONESIAN AND MALAYSIAN LAW Hasan Bisyri, Mohammad; naila, latifatun; Khuluqi, Mohammad Ahsanul; Abdullah, Muhammad Jakfar
Indonesian Journal of Shariah and Justice Vol. 5 No. 2 (2025)
Publisher : Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46339/ijsj.v5i2.216

Abstract

Taukil wali is when a marriage guardian gives their authority to someone else to perform a marriage. The goal of this study is to explain the differences and similarities in the legal rules about taukil wali. It also looks at how these rules have different legal effects in Indonesia and Malaysia. This is a type of legal research that uses existing laws and compares them. The information comes from documents like the Regulation of the Minister of Religious Affairs, the Compilation of Islamic Law, and Malaysian Islamic Family Law. The study found that both Indonesia and Malaysia have rules about taukil wali. They are similar in how they define taukil wali, who can be a guardian, what qualifications are needed for a deputy guardian, and why taukil wali is allowed. Indonesia has very clear and detailed rules for how this process works, which are in official laws. Malaysia uses general sharia principles and adjusts the process according to their own laws. When it comes to penalties, both countries have.