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Al-Daulah : Jurnal Hukum dan Perundangan Islam
Published by Universitas Islam Negeri Sunan Ampel
ISSN : 20890109     EISSN : 25030922     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
al-Daulah: Jurnal Hukum dan Perundangan Islam (p-ISSN: 2089-0109 dan e-ISSN: 2503-0922) diterbitkan oleh Prodi Siyasah Jinayah (Hukum Tata Negara dan Hukum Pidana Islam) Fakultas Syari'ah dan Hukum UIN Sunan Ampel Surabaya pada bulan April 2011. Jurnal ini terbit setiap bulan April dan Oktober, dengan memuat kajian-kajian tentang tema hukum dan Perundangan Islam. Jurnal ini terakreditasi pada 1 Desember 2015 sesuai Keputusan Direktur Jenderal Penguatan Riset dan Pengembangan Kementerian Riset, Teknologi, dan Pendidikan Tinggi Republik Indonesia Nomor: 2/E/KPT/2015.
Arjuna Subject : -
Articles 7 Documents
 1 
Search results for , issue "Vol. 12 No. 2 (2022): October" : 7 Documents clear
The State-Religion Relationship from the Perspective of Islamic-Based State Policy Effendi, Orien
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 12 No. 2 (2022): October
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2022.12.2.196-215

Abstract

This article examines the relationship between state and religion from the perspective of Islamic-based state policy in Indonesia by focusing on how the state can manage the relationship with religion, as well as its impact on political, legal, and social structures. The data in this research is collected from primary and secondary legal materials. Using a juridical-normative approach and content analysis of various policies as well as conducting a literature review, this article concludes that in the context of state and religion relations, the state is not only considered as a political entity but also as a forum for implementing various Islamic-based values and principles in public policy. This article also sees that the state continues to make a positive legal system that is enforced nationally, in addition to efforts to introduce and apply moral and ethical values in the social and political structure of the state. In addition, this article also finds the fact that the relationship between the state and religion is still harmonious by providing legality to various Islamic-based legal products, one of which can be seen in sharia-based economic arrangements, especially Islamic banking. The relationship between state and religion in the Indonesian context shows that both have a reciprocal relationship that needs each other, state policies in ensuring religious life are very important to foster faith. Conversely, religion is very important for the state to get guidance in terms of morality. Keywords: State, Religion, Sharia Economics, Islamic Law.
Constitutional Court Verdict on "Error In Objecto" Lawsuit in Dispute Over Regional Election Results Rahmawati, Nurlaili; Nugraha, Sigit Nurhadi
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 12 No. 2 (2022): October
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2022.12.2.171-195

Abstract

Abstract:  The settlement of cases resulting from the Regional Head Election (Pilkada) is still within the authority of the Constitutional Court. In deciding this case, the Constitutional Court made explicit regulations regarding the procedural law of the trial as outlined in the Constitutional Court Regulations. One of the problems that arise in the examination (trial) of disputes over the results of the regional elections is that the application submitted by the losing party (applicant) turns out to be the wrong object (error in objecto). This error usually occurs because the object being sued is not the final decision on the election results. This research is a normative juridical research that aims to examine the attitudes and decisions of the Constitutional Court regarding requests for disputes over Regional Head Elections (Pilkada) that are Error In Objecto. The result of this study is that the Plaintiff in making the application must clearly not be mistaken in determining the object. In the case/dispute over the results of the regional elections, the object of the lawsuit is the final decree of the General Elections Commission regarding the determination of the results of the election results and not others. Accuracy in making posita and petitum is very important because wrong posita and petitum will lead to the wrong and fatal determination of the object of the application. When this is the issue, the Constitutional Court will not accept the application because it is not authorized. An error in determining the object of this application in procedural law is termed error in objecto, so accuracy as an applicant, respondent, or related party is needed. The recommendation given is that the plaintiff should be more careful in making applications and the revision of the application given by the Constitutional Court at the preliminary hearing, can be used by the applicant to correct his application so as not to incorrectly determine the object of the application/error in objecto.
Integrating Good Governance and Digitalisation: A New Breakthrough in the Special Economic Zone of Singhasari Cahyandari, Dewi; Susilo, Edi; Hadiyantina, Shinta; Prasetyo, Ngesti D.; Supriyadi, Aditya Prastian; Liemanto, Airin; Arifien, Zainal; Supriyadi, Rizki Febrianto; Lestari, Diah Charisma
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 12 No. 2 (2022): October
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2022.12.2.238-268

Abstract

Special Economic Zones (SEZs) aim to boost the economy of a region or even a country. In Indonesia, as of 2022, eighteen regions belonged to SEZs, and Singhasari is among those regions—the only SEZ with a digital economic concept. In its implementation, a Good Governance concept is needed to allow for the organisation of management and the achievement of the goals of the development of the SEZ. Concepts such as Community Participation, Stakeholder Involvement, and Local Ownership will be discussed in this research. On the other hand, technology can be utilised to give value to SEZ. The digitalisation of the SEZ can be used in the implementation of Good Governance concepts as well as attracting people and investors to participate. The concept of digitizing the SEZ Singhasari area utilising Augmented Reality and Virtual Reality can be used to introduce the SEZ of Singhasari. Besides, there are also other features such as legal materials underpinning the development of SEZ Singhasari. This study used the principle of Good Governance that underlies SEZ governance. Meanwhile, the concept of digitalisation with the addition of augmented and virtual reality will be used as one of the breakthroughs to harmonize development in the current technological era. Keywords: Special Economic Zone, Singhasari, Digitalisation, Good Governance.
The Effect of Muslim Community Acceptance of Sexual Consent on the Effectiveness of the Minister of Education, Culture, Research and Technology Regulation Number 30 of 2021 Alfath, Tahegga Primananda; Rahmawati, Winda; Wulandari, Safira; Prehatiningsih, Febry Dwi; Muharatulloh, Edshafa
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 12 No. 2 (2022): October
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2022.12.2.269-297

Abstract

This study aims to analyze the effect of Muslim community acceptance on the effectiveness of the Regulation of the Minister of Education, Culture, Research and Technology Number 30 of 2021 (Permendikbudristek No. 30 of 2021). The presence of the phrase "sexual consent" hereinafter referred to as sexual consent in Permendikbudristek No. 30 of 2021 has an impact on the issue of refusal of sexual consent among the Muslim community. As a country that is imbued with religious beliefs, especially Islam, the Muslim community is of the view that the existence of sexual consent can injure the noble values of the One Godhead. The rolling issue of refusal can affect the effectiveness of the law. This study uses a socio-legal legal research method with a sociological approach and a conceptual approach. Sources of data using primary and secondary data with data collection techniques through interviews and survey methods. The data obtained from the survey were analyzed using a simple linear regression equation. The results showed that based on the results of linear regression analysis, the acceptance of the Muslim community towards sexual consent has a significant effect on the effectiveness of Permendikbud No. 30 of 2021. The form of acceptance of the Muslim community tends to be in the form of rejection of sexual consent regulated in Permendikbud No. 30 of 2021. Keywords: Legal Effectiveness, Sexual Consent, Muslim Society, Divine Values.
Regulations Concerning International Arbitral Awards in Indonesia: An Approach to the Theory of Legal Values by Gustav Radbruch Supeno, Supeno; Yanti, Herma
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 12 No. 2 (2022): October
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2022.12.2.298-325

Abstract

One of the aims that underlies the establishment of the board of arbitration is to keep business dispute settlement efficient. The principle of resolving disputes through arbitration is final and binding, indicating that this decision can be directly enforced. The law concerning Arbitration in Indonesia asserts that an arbitral award can be taken further for an appeal to a District Court, or it can even be revoked. This is normative research with a theoretical approach. The research results conclude that international arbitral awards in Indonesia do not correspond to Gustav Radbruch’s theory because it fails to guarantee proportional justice for all interests and fails to ensure legal certainty due to conflicts of norms that may harm one of the parties. The clauses in the law governing arbitration in Indonesia need revising to fit Gustav Radbruch’s theory by removing articles that are not accordance with the principle of justice, certainty and expediency, should be a guarantee that arbitration international awards will be recognized dan implemented in Indonesia without any interference from Indonesia courts. Keywords: reward, justice, legal certainty, utility     
Measures to Enforce Law Regarding Stay Permit Violation Against Immigration Law Policy Rojak, Jeje Abdul
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 12 No. 2 (2022): October
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2022.12.2.326-344

Abstract

Law enforcement and stay permit violation are equally important in immigration law policy in many countries. This article seeks to analyse measures taken by the government to enforce the law to control immigration and the likelihood of stay permit violation within the policy of immigration law. Governments in other countries also take stringent measures to enforce immigration law, involving the arrest and deportation of those who fail to comply with immigration law. However, taking these measures may lead to ultra vires tendencies among immigration officials, human rights violations, and inequality in the system of immigration law, while stay permit violation has been an escalating issue, involving document forgery, overstaying visa, or immigration status misuse for illegal purposes. Tackling this issue should take into account supervision improvement, policy change, and sanction imposition on violators. This study also discusses the essence of maintaining the balance between strict immigration law enforcers and individual rights in immigration. All these measures necessitate transparency in the legal process of immigration, fair access to court, and protection of human rights for all, including immigrants. To face these problems, many countries work along with international organisations and humanitarian agencies to seek better solutions and enforce immigration law while safeguarding individual rights. Further studies are needed to help better understand the impacts of immigration policies on immigrants and to find out how law enforcement can be made more efficient without disrespecting human rights. Keywords: immigration, legal policy, law enforcement  
Measuring the Probability of Prohibition of the Spread of Wahhabism in Indonesia Based on Positive Law Suhli, Suhli; Hatta, Mohammad
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 12 No. 2 (2022): October
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2022.12.2.216-237

Abstract

The increasingly massive spread of Wahhabi ideology in Indonesia has given rise to reactive reactions among society, this is because Wahhabi preaching emphasizes the labeling of Bid'ah and Infidels towards other communities who have different understandings, and this has implications for the many horizontal conflicts that occur during public. Even though Indonesian society is known as a harmonious society amidst diversity and religion. This research is descriptive research with a qualitative approach, while the data collection technique used is a literature study. Then the data collected through the study of the text was compiled, then analyzed using the descriptive analysis method with a deductive mindset. The results of this research are that the Wahhabi ideology pioneered by Muhammad bin Abdul Wahab is an understanding that is oriented towards purifying the creed, which at that time was considered to have experienced many setbacks along with the development of the tarekat's teachings. However, the movement for this understanding is often accompanied by doctrines of heresy, syrk, and infidelity which create polarization in society. In this position, the state constitutionally regulates that every society has the right to believe in beliefs and express thoughts and attitudes following their conscience, but if these beliefs and statements of belief are carried out by causing divisions in society, then this is where the role of the State is needed to ensure peace. and the harmony that is the identity of the Indonesian nation is maintained, meaning that there needs to be a firm stance from the government regarding the spread of Wahhabi ideology, and the Perppu is an alternative as well as a legal instrument that is very possible for the Government to implement to stop the spread of Wahhabi ideology in Indonesia and at the same time reflects this attitude. The government is firm against anyone who destroys the diversity of Indonesian society Keywords: Wahabi, Labeling, Horizontal Conflict

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