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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. 14 No. 1 (2024): April" : 7 Documents clear
The Concept of Organizing the Nusantara Special Capital Regional Government (IKN) to Realize Good Governance Farida, Anis; Rohmah, Elva Imeldatur; Huri, Daman
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 14 No. 1 (2024): 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.2024.14.1.1-24

Abstract

The capital is a city designed and used as the center of government of a country as well as a symbol of that country's identity. The move of the country's capital from Jakarta to East Kalimantan (the archipelago's capital) has several reasons, one of which is that Jakarta is no longer suitable for use as the country's capital. The archipelago's capital city is in the form of a particular regional government with an authority body appointed directly by the president after consultation with the DPR. Still, there is no maximum limit on the number of times a person can serve as Head and Deputy Head of the Authority Body. Apart from that, in the archipelago's capital city, there is no DPRD like in other regions, so this is a problem within the scope of Indonesian state administration. This research is included in the category of normative legal research with several approaches, namely the statutory approach and conceptual approaches, as well as using primary and secondary legal materials. The results of this research show that in the context of regional autonomy, the IKN regional government remains under the central government's jurisdiction. The central government still has a role in supervising IKN regional government activities, safeguarding national interests, and providing necessary support. Implementing the National Capital Special Regional Government (IKN) for the archipelago to realize good governance requires active community involvement in decision-making. In the absence of general elections for DPRD members in IKN Nusantara, aspects of representation and legitimacy can be questioned. In addition, an unlimited term of office for the head of the IKN Authority and his deputies could hurt the implementation of good governance. A better mechanism for regular leadership changes is needed to achieve good governance so there is a healthy rotation of power and opportunities for new and qualified leaders to lead. It can create better oversight and transparency in decision-making and minimize the risk of abuse of power.
Analyzing MT Arman 11 Case: Dispute Settlement in Seizure of Ship's Action under International Law Gunawan, Yordan; Fathi, Muhammad; Ghiffara, Mustafad
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 14 No. 1 (2024): 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.2024.14.1.61-85

Abstract

On October 7, 2023, the Indonesian Coast Guard's recent seizure of the Iranian-flagged MT Arman 114 vessel has highlighted the legal complexities involved in enforcing maritime security in the Exclusive Economic Zone (EEZ). This article examined the United Nations Convention on the Law of the Sea (UNCLOS) 1982 as the main legal framework regulating such occurrences. Flag state sovereignty typically regulates vessels, but UNCLOS 1982 grants coastal states such as Indonesia the authority to deal with infringements occurring within their Exclusive Economic Zones (EEZs), such as illicit oil transfers and actions that pose a threat to national security. The article explored Part XV of UNCLOS 1982, which elucidated the many systems for resolving disputes, ranging from voluntary ways to obligatory procedures, including esteemed organizations such as the International Tribunal for the Law of the Sea (ITLOS) and the International Court of Justice (ICJ). The author therefore uses normative legal research methods to highlight the importance of strong legal structures such as UNCLOS 1982 in facing impending maritime security difficulties in the Exclusive Economic Zone (EEZ), encouraging collaboration and non-violent resolution of complex issues such as ship seizures. The results show that, in the situation of the seizure of MT Arman 114, depending on the alleged violations and the outcome of negotiations between Indonesia and Iran, it may be appropriate to use UNCLOS 1982 dispute resolution procedures, such as ITLOS or ICJ, to achieve justice. and valid international decisions.
Implementation of the Non-Refoulment Principle in Indonesia: A Case Study of Rohingya Refugee Protection in Aceh Taib, Mukhlis; Ali Buto, Zulfikar; Fithra, Herman; Alwi, Said; Iqbal, Muhammad; Safitri, Maya
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 14 No. 1 (2024): 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.2024.14.1.86-106

Abstract

This study examines the implementation of the non-refoulement principle in Indonesia, focusing on the protection of Rohingya refugees in Aceh. The issue at hand involves the complex challenges faced due to the partial rejection of Rohingya refugees by some residents of Aceh, highlighting potential violations of international human rights norms. Despite Indonesia not ratifying the 1951 Refugee Convention, the country is bound by international human rights obligations, including the non-refoulement principle, which prohibits the forcible return of refugees to places where they face serious threats to their lives or freedoms. The primary objective of this research is to critically analyze how Indonesia, specifically Aceh, applies this principle and to explore the associated challenges and implications. The study employs a qualitative method, including a thorough review of international legal documents, such as the Universal Declaration of Human Rights (UDHR), the 1951 Refugee Convention, and the 1967 Protocol, alongside relevant literature. Findings reveal that while Indonesia shows commitment to non-refoulement, its implementation is inconsistent and hampered by resource constraints, lack of inter-agency coordination, and local resistance. This study's novelty lies in its detailed analysis of local responses, particularly in Aceh, an area often overlooked in previous research. The implications of this study stress the necessity for improved national policies and better coordination between governmental and non-governmental actors to ensure comprehensive protection for refugees. It also highlights that adherence to humanitarian principles can be achieved through practical actions, even in the absence of formal ratification of international conventions.  
Enforcement of Human Rights According to Nurcholish Madjid: Fiqh Siyasah Dauliyah Perspective Syamsuar; Rizki, Darlin; Zikriati
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 14 No. 1 (2024): 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.2024.14.1.25-57

Abstract

Human rights enforcement is often considered a classic issue that lacks appeal, particularly when violations are committed by political elites who attempt to justify their actions. However, discussing the past wrongdoings of a regime remains relevant and crucial as a preventive measure to avoid similar violations in the future. This research explores Nurcholish Madjid's interpretation of Human Rights enforcement from the perspective of Fiqh Siyasah Dauliyah. This study uses a qualitative phenomenological approach to examine Aceh's DOM (Military Operations Area) events from 1989 to 1998. Data were collected through interviews with Aceh community leaders and a thorough review of scholarly literature, including works by Nurcholish Madjid and related sources. The findings reveal the significant relevance of Fiqh Siyasah Dauliyah and human rights in analyzing international issues, particularly in conflict resolution contexts. Reports from the DOM Aceh period highlight extensive human rights abuses, underscoring the need for an effective judicial system to address violations and ensure victim restitution. Nurcholish Madjid advocates for conflict resolution through dialogue and peace, emphasizing the constant protection of civilians. Fiqh Siyasah Dauliyah promotes international dialogue and peace during peaceful times (Dar al-Islam), positioning war as a last resort only after all peaceful measures have failed. During wartime (Dar al-Harb), it insists on maintaining ethical conduct, permissible solely when peaceful alternatives have been exhausted. Islamic principles dictate that military engagements should not cause excessive suffering for civilians and should conclude with a surrender, peace treaty, or ceasefire.
Systematic Literature Review of Syariah Regional Regulations Maqashid Syariah Perspective Buhri, M. Nopri Ramadani Utama; Meilinda, Selvi Diana; Suwandi, Suwandi; Rozie , Azharisman
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 14 No. 1 (2024): 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.2024.14.1.107-137

Abstract

The primary substance of Sharia Regional Regulations (Perda) is to handle equality and injustice. In various areas such as Aceh, Pamekasan, and Medan, implementation gives rise to a view different from the party external. The difference creates disputes and leads to the conclusion that Sharia regulations are not the right solution for public multiculturalism. This study is about equality and injustice in Sharia Regional Regulations in Indonesia and its potential to handle the issue of humanity through the frame of Maqashid Al-Syariah. The research methods used​ are Systematic Literature Review (SLR) with software assistance such as Publish or Perish for secondary metadata search, Vosviewer for data visualization, and Brand24 for seeing the sentiment public about Sharia Regional Regulations in Indonesia. Research results show that polemic substance Sharia regulations in Indonesia are caused by sentiment negative who consider it a tool of intentional politics​. It was also found that contained articles​ in the Sharia regional regulations are correlated with objective main maqashid al-syariah Al- Kulliyatul Khamsah, that is, for protecting religion (Hifz Din), soul (Hifz Nafs), wealth (Hifz Mal), descendants (Hifz Nasl) and thoughts (Hifz Aql). Additionally, the method​ delivers comprehensive and analytical proof that existing Sharia regulations not only support Sharia but also support Sharia objectives such as justice, social welfare, and protection of the rights of individuals.
Antinomy Between Legal Certainty and Justice in the Public Housing Savings Program (Tapera) Heriyanti; Pakpahan , Elvira Fitriyani; Tanjaya, Willy; Siregar, Naek Martahan Hasudungan
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 14 No. 1 (2024): 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.2024.14.1.138-162

Abstract

People's Housing Savings (Tapera) is a government program for home ownership and housing for the community. The implementation of the Tapera program will only be carried out in 2027. However, both in terms of regulation and socialization, it seems rushed and is considered to cause injustice for low-income workers/laborers. The conflict between regulations regarding state efforts to provide housing for the community with mechanisms that are deemed burdensome to the community, on the one hand, causes injustice. So this study aims to find common ground between legal certainty and justice in the Tapera Program. This research is legal research that uses a legislative approach and a conceptual approach to discuss Tapera. Although this program aims to support housing financing, the amount of contributions as regulated in Government Regulation Number 21 of 2024 can cause polemics because it will affect the income of workers who have previously been deducted through Income Tax, BPJS Employment, and BPJS Health membership, and several other taxes or deductions set by the state. So, according to the theory of justice and the General Principles of Good Governance, this Tapera policy can harm justice. People's Housing Savings (Tapera) will be more suitable to be applied only to formal Workers/Laborers (both state and private) because it has a regular wage payment system. Meanwhile, for Independent Workers, it is better if this People's Housing Savings (Tapera) is not an obligation but rather only voluntary, meaning that the wishes of Independent Workers will decide whether to follow the People's Housing Savings (Tapera) program or not.
Judicial Competence and Consistency in the Constitutional Court’s Decision about Open List Proportional Representation Hijrah, Nurdinah
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 14 No. 1 (2024): 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.2024.14.1.163-194

Abstract

The Constitutional Court often creates new norms that affect the electoral system. Still, sometimes, the Constitutional Court decides cases examining the Election Law as an open legal policy. Therefore, the question is whether the Constitutional Court decides the case in accordance with its competence and consistency in determining cases No. 22-24/PUU-VI/2008 and No. 114/PUU-XX/2022 related to the application of an open list proportional representation system in the DPR and DPRD elections. The purpose of this study is to examine further the competence and consistency of the Constitutional Court in deciding the two cases. This research uses doctrinal research methods. The approaches used in this research include statute, conceptual, historical, and comparative approaches related to the issues being studied. As a result of the study, it was found that the competence of the Constitutional Court in deciding cases No. 22-24/PUU-VI/2008 and No. 114/PUU-XX/2022 was in the context of exercising its authority to examine laws against the 1945 Constitution of the Republic of Indonesia, not as a determinant that regulates and determines which system is most appropriate to be used in the electoral system in Indonesia. The Constitutional Court showed its consistency in deciding the two cases. In its ratio decidendi, the Constitutional Court uses Article 22E paragraph (1) as the basis for its legal considerations so that elections are held with the widest possible participation of the people on the principles of democracy, direct, honest, and fair. This consistency is very important to maintain in order to preserve and sustain the reform mandate that has been crystallized in the 1945 Constitution.

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