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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. 13 No. 1 (2023): April" : 7 Documents clear
Debate Over Law Number 17 of 2023 Concerning Community Organizations: Maqasid Al-Shari’ah Review Sanuri, Sanuri
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 13 No. 1 (2023): April
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.2023.13.1.50-85

Abstract

This study explores the debate over Law Number 17 of 2013 concerning Community Organizations (COs) in light of the Maqasid al-Shari'ah Framework (MSF). MSF is a theoretical construct used in Islamic law to identify the higher objectives and purposes of the legal system. Using a qualitative approach, this study examines the perspectives of key stakeholders, including government officials, legal experts, and civil society organizations, on the law's compatibility with the objectives of the Islamic legal system. The findings of this study are: first, for the contexts of Indonesia, Law Number 17 of 2013 should further protect to five essential aspects of human life, namely religion, soul, mind, lineage, and property; second, based on the feature of qat'i al-dalalah (certainty in Islamic law), what the Government did by restricting and providing conditions to COs is the form of the government's responsibility to protect the State from various efforts that could threaten the Unitary State of the Republic of Indonesia; third, the COs’ various visions and missions that are increasingly far from the values of Pancasila and the 1945 Constitution reinforce the potential for disintegration of the nation is classified as daruriyyah (emergency) in nature that is in need of a strict policy from the Government; and fourth, dissolution of the COs, as stipulated in Law Number 17 of 2013, is as a reflection of implementing more prioritizing maqasid al-'ammah (universal goals) than maqasid al-khassah (specific goals).  
The Role of the Wanar Village Consultation Body in Carrying Out Their Tasks and Functions from Fiqh Siyasah Perspective Wijaya, Arif; Junaidy, Abdul Basith; Syafaq, Hammis; Kurniawan, Cecep Soleh
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 13 No. 1 (2023): April
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.2023.13.1.113-136

Abstract

This article discusses the role of the Village Consultative Body in carrying out its duties and functions in Wanar village, Pucuk District, Lamongan Regency, East Java from the perspective of fiqh siyasa. This research is field and qualitative research. Data were collected through observation, interviews and documentation, which was then analyzed deductively. The results of this study concluded that the function and role of the Village Consultative Body of Wanar Village, Pucuk District, Lamongan Regency, had been carried out well. 2 factors affect the performance of BPD Wanar, namely: supporting and blocking factors. The supporting factor is the support from the village community and the village government is a good partner with BPD. The inhibiting factors are the salary of BPD members is still minimal, facilities and infrastructure are inadequate, funding is lacking, the human resources of BPD members are less qualified, and there is rejection by some communities of decisions/policies made by the village head. From the perspective of fiqh siyasah, the role and function of BPD are equated with ahl al-hall wa al-' aqd and the Hisbah institution. In performing its functions, BPD's performance is by the rules of " tasharruf al-imam ala al- raiyyah manuth bi al- mashlahah " (The imam's actions toward his people must be linked to the benefit of the people).
The Implementation of Customary Court Within the Framework of Law Number 21 of 2001 Concerning Special Autonomy of the Province of Papua: A Study on Adat People of Kampong Waena, the District of Heram, Jayapura City Rohman, Baitur; Kamil, Hutrin
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 13 No. 1 (2023): April
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.2023.13.1.1-26

Abstract

The Adat (customary) community in the province of Papua is of a diverse culture that respects and maintains Adat law. Under Law Number 21 of 2001 concerning Special Autonomy in the Province of Papua, an Adat community is defined as a group of native people of Papua who, since their birth, have been living in a particular territory, bound to, and compliant with a particular Adat law with solidarity upheld by the members of the community. This research seeks to analyse the legal tenets of the Adat court that the people of Waena have to abide by, how criminal offences are settled under an Adat court of Waena, and the impacts of the implementation of special autonomy in the Adat community of Waena within the scope of Adat law. This research employed an empirical-legal method, supported by primary and secondary data. Data were collected from in-depth interviews, observation, and documentation. The research results reveal that the locals of Waena uphold the Adat law passed from their ancestors, while also abiding by the state’s law as the general law (unification). The special autonomy in place in the community of Papua under Law Number 21 of 2001 reinforces the existence of Adat law and the role of an Adat court in resolving both private and criminal cases faced by the native people of Waena. The judiciary structure of the Adat community concerned consists of Ondofolo/ondoafi as the Chief Judge/chief of deliberation and koshelo in Kampong Waena as the members. Three pillars serve to govern the life of the people of Adat institution, churches, and the government of Kampong.  
Problematics and Structuring of the DPRD in Local Government Administration Anwar, Wildan Rofikil; Anggono, Bayu Dwi; Efendi, Aan
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 13 No. 1 (2023): April
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.2023.13.1.86-112

Abstract

DPRD is said to be a regional legislative body because it has the authority to make local regulations, several local government laws that have been in force mention that DPRD has a legislative function, similar to the DPR. The filling of positions for DPRD members is also done together with the filling of positions for DPR members in legislative elections. This has created the impression that DPRDs and DPRs are both legislative institutions, even though they are different. To make the difference more significant, there must be a revision/reorganization of the Local Government Law. The purpose of this research is to understand and find out about the problems and structuring of DPRD in the implementation of local government. The type of research used is normative juridical, while the approaches used in this research are three, namely legislative approach, conceptual approach, and historical approach. The results of the research in this journal are that the DPRD as an organizing institution of local government should be regulated in the Local Government Law together with the regional head and not regulated in other laws such as the MD3 Law. The Local Government Law also needs to organize the functions of the DPRD where the first order of functions should be the functions of supervision, budgeting, and the formation of local regulations. This is because DPRDs more often or routinely carry out supervisory functions, rather than budgetary and local regulation formation functions. The filling of the positions of DPRD members is carried out simultaneously with the positions of regional heads, not through elections together with members of the DPR. The nomenclature of DPRDs should also be changed, i.e. Provincial DPRDs should be changed to Provincial Councils, while DPRDs at the Regency/City level should be changed to Regency/City Councils. Suggestions in this research are aimed at making a new law on legislative institutions that does not include provisions on DPRDs, considering that DPRDs are not legislative institutions, but regional government organizing institutions.
Potential Adverse Impacts of Sea Sand Export Policy on Ecologically Sustainable Development in Indonesia Beni, Rozi; Atsari, Sharfina Milla
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 13 No. 1 (2023): April
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.2023.13.1.27-49

Abstract

After a 20-year hiatus in sand exports, Indonesia has reinstated the practice through Republic Indonesia Government Regulation Number 26 of 2023 (GR 26/23). GR 26/23 has stirred controversy due to its perceived conflict with Ecologically Sustainable Development (ESD) and Indonesia's green constitution outlined in Articles 28H and 33 of the 1945 Constitution. In response to this relatively new regulation, this research aims to provide a focused perspective on the legal implications of GR 26/23. Previous studies have predominantly explored ecological consequences, leaving room for legal analysis. Employing normative juridical research methods, this study examines the provisions of GR 26/23 and their legal impacts on the environment. The findings indicate incongruence between the sand export provisions in GR 26/23 and the principles of the Indonesian environmental law regime. Articles 9 and 18 of GR 26/23 suggest inadvertent support for environmental exploitation. Supported by Maritime Law and the Job Creation Law, GR 26/23 exhibits relative permissiveness toward sea sand exploitation. Consequently, GR 26/23's objective in managing sea sedimentation has paradoxical effects on achieving sustainable development, as business and ecological goals are misaligned. Therefore, stemming from the Green Contract Theory, this research advocates for the implementation of environmentally friendly incentive schemes for sand export stakeholders to achieve practical policy outcomes. Thus, policymakers are encouraged to reconsider GR 26/23 provisions through the development of incentive schemes, aligning sea sand export activities with ecologically sustainable development, and promoting harmony between economic activities and environmental preservation.
Constitutionality of PERPU Number 2 of 2022 Concerning Job Creation Based on the Ruling of the Constitutional Court Number 91/PUU-XVIII/2020 Negara, Dharma Setiawan; Lufsiana, Lufsiana; Nainggolan, Samuel Dharma Putra
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 13 No. 1 (2023): April
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.2023.13.1.159-179

Abstract

Applicability Constitution Number 11 of 2020 concerning Job Creation changes several arrangements previous employment _ arranged in Constitution Number 13 of 2003 Concerning Employment give rise to various polemic in proven implementation _ with he sued Constitution Number 11 of 2020 concerning Job Creation to Court The resulting constitution decision that Constitution the must repair, especially those related with employment. Because of That Government through the President set Regulation Government Replacement Law (PERPU) Number 2 of 2022 concerning Job Creation as an answer to the polemic and emptiness of the law that occurred. Study This is a study law normative with the use approach legislation and approach conceptual study about the constitutionality of PERPU Number 2 of 2022 concerning Job Creation which has been determined by the President Republic of Indonesia. PERPU is made only if a situation is critical. PERPU 2/2022 was created when the Job Creation Law was declared to need to be revised because it was decided by the MK to be in conflict with the Constitution, while the Covid 19 conditions required the state to continue to maintain economic stability, therefore PERPU 2/2022 was issued, however, this PERPU was also challenged by the MK because It is considered that some of the content does not reflect any form of protection for workers. Apart from that, the applicant's argument for a judicial review of PERPU also argued that PERPU 2/2022 was made even though it was not in a critical situation.
The Practice of Patronage in Elections And Its Implications for Democratic Credibility in Indonesia Handoko, Priyo; Rohmah, Elva Imeldatur; Farida, Anis
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 13 No. 1 (2023): April
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.2023.13.1.137-158

Abstract

Patronage in Indonesian elections often occurs, especially among political elites and legislative candidates. It may be due to the need for candidates to gain votes and support from the public, and the practice of patronage is considered effective in achieving this goal. The study aims to identify voter patronage practices and measure the impact of patronage practices on the credibility of democracy in Indonesia. This research is qualitative, and data is obtained through document analysis and related literature. Election patronage practices can take many forms, ranging from money or goods to voters, unrealistic political promises, to employing positions or powers to influence voter decisions. The study found that patronage practices can significantly impact the credibility of democracies, thus disrupting democratic processes and affecting the quality of elections in Indonesia. The approach can undermine democratic principles that are supposed to be based on free and fair participation and competitive competition based on political ideas and visions. When elections were influenced by material benefits rather than political views, the public felt that elections no longer represented their aspirations and interests, resulting in dubious legitimacy over the elected government. Therefore, efforts are needed to combat patronage practices in general elections in Indonesia. This can be done through implementing strict regulations related to campaign funding and political practices, education and political literacy for the public, strict law enforcement for patronage practices, and improving the general election system to make it more transparent and accountable

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