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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 6 Documents
 1 
Search results for , issue "Vol. 14 No. 2 (2024): October" : 6 Documents clear
Islamic Constitutional Law Perspective on Negative Campaigns in The 2024 Presidential and Legislative Elections on Social Media Daipon, Dahyul; Amin, Saiful; Bustamar, Bustamar; Hendri, Hendri; Elfiani, Elfiani; Mak Din, Hairol Anuar
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 14 No. 2 (2024): 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.2024.14.2.224-245

Abstract

The increasing prevalence of negative campaigns during the 2024 presidential and legislative elections on social media platforms, such as TikTok, Instagram, and Facebook, has raised concerns regarding their impact on democratic ethics and societal harmony. From the perspective of Islamic constitutional law, these campaigns are considered detrimental, aligning with the concept of ghibah and slander, which are prohibited in Islam. This study employs a descriptive-analytical approach based on library research to differentiate between negative and black campaigns. Negative campaigns use verifiable data to highlight opponents' shortcomings, while black campaigns involve unfounded accusations and slander aimed at character assassination. The research identifies key patterns in the dissemination of these campaigns: targeting young and active social media users, repetitively spreading negative content, and exploiting pseudo-legitimacy through manipulated media. The analysis highlights the inefficacy of Indonesia's Law No. 7 of 2017 in addressing these digital challenges. The findings emphasize that while negative campaigns may rely on factual data, their intent to discredit opponent conflicts with ethical and moral principles, potentially fostering division and distrust. In contrast, Islamic teachings advocate campaigns centered on virtues and constructive dialogue. This study calls for strengthened regulatory measures and public awareness to counteract the adverse effects of unethical campaign practices, ensuring the preservation of democratic integrity and societal unity.
Dismissal of Regional Heads in The Context of National Strategic Programs: A Perspective on Unitary State and Democracy Rizqiyanto, Naufal; Suqiyanto; Adawiyah, Robiatul
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 14 No. 2 (2024): 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.2024.14.2.195-223

Abstract

The dismissal of regional heads is a complex issue in Indonesian governance. Non-compliance with national strategic programs is considered a serious offence that impacts national stability and development. In the context of a unitary state, the implementation of national policies must be harmonised at all levels of government. However, from a democratic perspective, the dismissal of regional heads must go through a transparent and accountable mechanism. This study aims to analyse the mechanism for dismissing regional heads who do not implement national strategic programs from the perspective of a unitary state and democracy. The method used is a normative legal research method with a descriptive-analytical approach. Data is obtained through literature study and analysis of legal documents. The results show that the dismissal of regional heads can strengthen the unity of the state by ensuring that national policies are consistently implemented. However, the mechanism must pay attention to democratic principles, including fair legal process, transparency, and accountability. This study concludes that the dismissal of regional heads who do not implement national strategic programs can be justified to maintain the unity of the country, provided that it is in accordance with democratic principles. Recommendations include improving mechanisms for monitoring and evaluating the implementation of national strategic programs and increasing dialogue between the central and local governments.
The Politics of Disability Law in Indonesia: Transformation to Strengthen the Rights of Persons with Disabilities Akhmad Kamil Rizani; Kharlie, Ahmad Tholabi; Pelu, Ibnu Elmi Acmad Slamat; Tarantang, Jefry; Muchimah; Farhana, Nyimas Tasya
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 14 No. 2 (2024): 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.2024.14.2.246-280

Abstract

This article discusses the legal politics of legal transformation for persons with disabilities in Indonesia. The Indonesian nation has always recognized and guaranteed respect for human dignity, including persons with disabilities. This can be seen in Law No. 4 of 1997 on Persons with Disabilities, which explains the government's efforts to protect the rights of persons with disabilities by focusing on rehabilitation, providing social assistance, and maintaining social welfare. However, the text content in the law still adheres to a charity-based paradigm, so it has not been able to handle and ensure equal opportunities for persons with disabilities. The method used in this research is normative juridical with primary legal materials Law No. 19 of 2011 concerning the Ratification of the Convention on the Rights of Persons with Disabilities and Law No. 8 of 2016 concerning Persons with Disabilities through a legislative and historical approach. The results of this study show that the legal politics of the formation of Law No. 8 of 2016 on Persons with Disabilities shows the realization of participatory democracy. The transformation of the law changes the paradigm from charity-based to human rights-based, which better guarantees the protection, promotion, and enforcement of the rights of persons with disabilities. Public education on the rights of persons with disabilities, the development of disability-friendly infrastructure, and increased participation of persons with disabilities in decision-making are important for implementation.
Institutionalizing the Concept of Legal Pluralism as an Effort to Realize Substantive Justice Al Haq, Syaif; Pratama, Aditya Andel; Rozaan, Zaim; Sadiq, Muh. Fajar; Rukmini, Neng Vivie Nurfauziah
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 14 No. 2 (2024): October
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The concept of legal pluralism is a solution to the problem of diversity in a pluralistic country. Interestingly, although Indonesia recognizes diversity as the philosophical foundation of the life of the nation and state, the concept of legal pluralism has not been fully institutionalized. This article will explain, analyze, and explore the discourse of legal pluralism and substantive justice and explain the concept of institutionalizing legal pluralism in Indonesia as an effort to realize substantive justice for all Indonesian people. This research is a normative juridical research with conceptual, legislative, historical, and analytical approaches. The data of this research is literature data in the form of primary legal materials and secondary legal materials. The collection of legal materials is done through literature studies and analyzed using a qualitative approach with description and analysis techniques. The results show that legal pluralism not only allows recognition of the diversity of existing laws, but also has the potential to overcome the shortcomings of formal legal systems that tend to be homogeneous and less responsive to local contexts. The recommendation is for policy makers to reform the legal structure, legal substance, and legal culture that support the coexistence and interaction between various legal systems, so that substantive justice can be achieved through a more contextual and adaptive approach. The impact of institutionalizing legal pluralism is the realization of a strong legal pluralism system, a plural legal society, and substantive social justice for all Indonesian people.
The Interconnection of Islamic Law and Human Rights: A Comparative Analysis of Imam Ghazali and Bertrand Russell Agus Setiawan, Muhammad; Haseena Armina, Sheema; Hadi Untung, Syamsul
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 14 No. 2 (2024): 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.2024.14.2.246-271

Abstract

The relationship between Islamic law and human rights is a complex and controversial topic. Imam Ghazali, a prominent Muslim scholar, put forward the concept of Hifdz Nafs, which emphasizes the importance of protecting the human soul (Hifdz Nafs). Meanwhile, Bertrand Russell, a Western philosopher, espoused a humanistic philosophy that prioritizes the dignity and rights of individuals. This research aims to analyze and compare Imam Ghazali's views on Hifdz Nafs with Bertrand Russell's humanistic philosophy. By comparing these two perspectives, this research hopes to find fundamental similarities and differences that can enrich discussions on Islamic law and human rights. This research uses a qualitative method with a comparative approach. Data was collected through a literature study of the works of Imam Ghazali and Bertrand Russell, as well as relevant academic research. The analysis was conducted by comparing the main concepts of the two figures, as well as reviewing their historical and philosophical contexts. The results show that despite significant differences in their theological and philosophical foundations, both Imam Ghazali and Bertrand Russell recognize the importance of human protection and dignity. Imam Ghazali emphasizes the importance of the safety of the soul as part of maqashid al-shariah, while Russell emphasizes individual rights as the core of humanistic philosophy. This research provides new insights into how Islamic law and Western philosophy can dialogue and interconnect in an effort to strengthen the protection of human rights. It is hoped that the results of this research will provide a basis for further discussion and the development of more inclusive policies.
The Role of Corporate Social Responsibility (CSR) in Mining Company Disputes Based on Limited Liability Company Law and Mineral and Coal Mining Law Hutrin Kamil; Moh. Faizur Rohman
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 14 No. 2 (2024): 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.2024.14.2.309-337

Abstract

A company's commitment to act morally, conduct business legally, and improve the lives of local communities and society at large is known as corporate social responsibility (CSR). In the mining industry itself, the implementation of CSR is an interesting issue. The basic concept of CSR is very clear: the importance of the social attitude of mining companies towards local communities around mining sites. Conflicts or disputes in the mining industry can have an impact on how well mining companies implement their CSR programs. This research aims to examine the role of CSR in mining company disputes based on applicable law, namely the Limited Liability Company Law and the Mineral and Coal Mining Law, as well as other related legal regulations, in order to encourage companies, especially mining companies to comply with the implementation of CSR in order to avoid mining conflicts/disputes. This research uses a normative juridical method with a statutory approach. This research will explain, review, and assess the laws and regulations related to CSR issues using this methodology and approach. CSR can play a role in preventing and resolving company disputes, including those of mining companies. If a dispute occurs, the provision and implementation of CSR programs can be a bridge solution in resolving mining disputes with the Limited Liability Company Law and the Mineral and Coal Mining Law as the main references.

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