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Al-Daulah : Jurnal Hukum dan Perundangan Islam

aldaulah
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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

Search results for , issue "Vol. 9 No. 1 (2019): April" : 7 Documents clear

Menggagas Fiqh Realita Dalam Kehidupan Keagamaan di Indonesia Abdurrahman Kasdi
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 9 No. 1 (2019): April
Publisher : Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

This article aims to describe the significant of the sociological approach to formulate the fiqh (Islamic jurisprudence) of reality within the religious life of the Indonesian society. The study of reality is needed in the social and religious sciences, especially in the fiqh studies because it is capable to be a natural activator of the transformation in formulating the Indonesian fiqh. The research approach used is a sociological approach. The results show that the fiqh of reality is a part of the Islamic jurisprudence that has relevance to the reality of society. In applying of this fiqh, there are needs to be an effort to contextualize of interpreting the text so that the understanding of it is not literally according to the sound of the text. In this context, the reality consists of two forms, namely: a fixed and changing reality. The fixed reality is the nature (sunnah) of Allah in this universe which has been pointed out in the Qur'an that this reality will not shift. The changing reality can be seen from the general and partial reality. The general reality is a different human tradition because of difference in the place and time, while the partial one is just for certain individual condition. The implementation of the such fiqh is necessary for the Indonesian Muslims, especially in building the harmonization of the national life.

Sinergitas Ulama dan Umara: Artikulasi dalam Penyelesaian Kasus Sara tentang Pemasangan Lafaz Allah pada Ornamen Pohon Natal di Hotel Novita Jambi Bahrul Ulum
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 9 No. 1 (2019): April
Publisher : Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

This article aims to elaborate on the response to the process of resolving the blasphemy case that occurred in one of the hotels in Jambi. There was found the installation of Allah's label on the floor of the Christmas tree ornaments. Based on studies in the field, it was found that this case included ethnicity, race, religion and class nuance cases (SARA) and it had to be resolved immediately, because it could potentially lead to religious conflict and mass amok. The results of the study show that Firstly, the Government (leader) along with its ranks and Ulama (clerics) together with Islamic Organizations responded quickly to the blasphemy event by holding meetings and agreeing that the case should be resolved immediately so as not to cause religious conflict. Secondly, both Ulama and Umara (leader) worked together and discuss (sit and talk) a quick step in resolving the case and trying to calm the public so that they did not commit vigilante acts. The synergy pattern that is intertwined and articulated here has resulted in a swift, accurate solution to the resolution of the case and can immediately restore a supportive atmosphere for the people of Jambi.

Metodologi dan Teoretisasi Politik Islam Sulthon
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 9 No. 1 (2019): April
Publisher : Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

The main purpose of this research is to suggest that theoritically there is no specific and standard methodology to be used in the study of fiqh (Islamic jurisprudence) siyasah. It is because fiqh siyasah is more a part of a social science, where the methodology that might be used always changes and grows. As a part of fiqh, the study of fiqh siyasah needs to accommodate various methods of ijtihad as in the science of fiqh in general, such as qiyas, istihsan, istishab, maslaha mursalah, 'urf, and others. The study of fiqh siyasah can also use the five approaches such as philosophical, legal, empirical, bureaucracy, and ethics approach. Because the study of fiqh is quite complex and dynamic, then in the assessment and development of which need to be equipped with supporting sciences, such as sociology, anthropology, history, political science, economics, and others.The two fundamental questions to be answered in this research are; what is the methodology and approach of the Islamic political studies / fiqh siyasah and what are its characteristics. The method used in this research is descriptive and historical method. Descriptive method is used to describe a systematic, factual and accurate as well as the characteristics of the population in a particular region. While the historical method is used to reconstruct the past systematically and objectively by collecting, assessing, verifying, and synthesizing evidence to establish facts and to reach a strong conclusion

Analisis Model Diversi Melalui Restorative Justice Pada Anak Pelaku Tindak Pidana Terorisme Dalam Perspektif Maqashid Syari’ah Mohammad Farid Fad
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 9 No. 1 (2019): April
Publisher : Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

The act of terrorism involving children certainly raises its own concerns. How not, if the child is faced with a formal justice process then besides he will lose his independence, he will also lose his future because of stigmatization as a terrorist who is attached for life. However, if the model of diversion through restorative justice is adopted, the legal process will be blocked by the provisions of Article 7 paragraph (2) of Law No. 11 of 2012 concerning the Child Criminal Justice System. Then what is the meeting point between the two? How is this diversion approach in the perspective of Maqashid al-Shari'ah? This article tries to describe the diversion model through a restorative justice approach in the perspective of maqashid al-shari'ah. The type of method used in this study is a qualitative method. The data collection technique used is library research sourced from various literatures such as books, books and journal articles. After the data is collected, an analysis will be carried out using descriptive-analytical methods. This study concludes that restorative justice through a diversion model is in line with the principles of maqashid al-syari'ah, this legal approach aims to help children of terrorists realize, feel and restore humanitarian relations that were damaged between the perpetrators and victims. This is due to the fact that the child of the terrorist is not an actor in the real sense, but he is the real victim of the results of his parents' indoctrination or other parties.

Post-Islamisme dan Gerakan Politik Islam Dalam Sistem Demokrasi Indonesia Bani Syarif Maula
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 9 No. 1 (2019): April
Publisher : Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Indonesia is a country with a majority Muslim population that implements a democratic system. Based on this democratic system, non-muslims constitutional systems can coexist and play an active role in carrying out religious values in the public sphere as a very visible feature. Nonetheless, the relationship between Islam and the state in the course of Indonesian history always experiences ups and downs. In one period of Indonesian history, Islamic politics was a peripheral thought and movement and even considered a threat to democracy and the value of modernity, because Islamic groups struggled to maintain the ideology of Islamism with the aim of establishing an Islamic state, or at least implementing a traditional Islamic legal system to a modern Indonesian society. However, as the development of the Islamic world coincided with efforts to democratize the Indonesian state, Islamic politics also changed its direction to adjust to these conditions. Islamic groups become more accommodating to the values of democracy and modernity, without having to leave their Islamic identity. This last phenomenon is known as post-Islamism as a socio-political movement in the life of the nation and state in Indonesia.

Dualisme Penerapan Hukum Bagi Pelaku Kekerasan Seksual Terhadap Anak di Provinsi Aceh amarina habibi
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 9 No. 1 (2019): April
Publisher : Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Act Number 35, 2014 on Child Protection (UUPA) and Qanun (provincial law) Aceh Number 6, 2014 regarding Qanun Jinayat has given rise to legal dualism. Both laws and regulations govern the same case in the jurisdiction of Aceh, so that it can cause problems in its enforcement. This research applies primary, secondary and tertiary legal sources. This research uses the statue approach. Library research data are then analyzed from secondary and tertiary legal sourcesby using deductive method.The research shows that the enforcement of absolute power at the judicial institutions relating the trial of the sexual offence towards children cases in Aceh, the Public Court, which is granted its power under the UUPA,is privilege compared to Syar’iyah Court, which is having its power from Qanun Jinayat. The reasons for this are as following: a) the punisment in the UUPA is more serious and cumulative, while in Qanun Jinayat is more lenient and alternative; b) UUPA regulates specific things regarding child cases, while Qanun Jinayat is general; c) the enforcement of UUPA together with its changes is still facing hurdles, and there is also the enactment of Qanun Jinayat; d) there are problems in regards with lack of facilities of the detentions and budget during the process of the cases and there is an absent of the cooperation between correctional center for the convicted under the Qanun Jinayat; e) judges in the Public Court mostly already have certificates in dealing with child case compared to Syar’iyah Court. This research found that the later court judges have not had any certificate yet. The enforcement of punishment towards the perpetrators in Aceh mostly tried under the UUPA compared to using Qanun Jinayat as it provides more justice for victims.

Hubungan Antara Partisipasi Masyarakat, Pembentukan Undang-Undang dan Judicial Review Riza Multazam Luthfy
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 9 No. 1 (2019): April
Publisher : Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Community participation in national and state life today is an important study. This is because in a democratic country, public policy cannot be separated from public participation. This study seeks to discuss the relationship between community participation, the making of Act and the implementation of judicial review. The results showed that: (1) Public participation in the making of Act and the implementation of judicial review can: (a) Provide a better basis for public policy making in creating good governance. (b) Increase citizens' trust in the executive and legislative branches. (c) Save human resources, because with the involvement of the community in public policy making, the resources used in public policy socialization can be minimized. (2). Community participation in evaluating Act becomes an important activity, in order to establish control whether an Act is in accordance with its objectives or not. The public can submit a judicial review to the Supreme Court (MA) or the Constitutional Court (MK) if they judge that their rights have been impaired by certain Act. (3). The relationship between community participation and the making of Act and the implementation of judicial review is very close. Without community participation, the Act produced does not reflect the interests of the community and only prioritizes the interests of certain groups. The Constitutional Court (MK) and the Supreme Court (MA) will not conduct a judicial review if there is no request from the public.

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Ikhsan Fatah Yasin

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Home Page

OAI Link

Editorial Team

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Contact Name Ikhsan Fatah Yasin

Contact Email jurnalaldaulah@gmail.com.

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Journal Mail Official jurnalaldaulah@gmail.com

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Location Kota surabaya, Jawa timur INDONESIA

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Abstract

Contact Name
Ikhsan Fatah Yasin

Contact Email
jurnalaldaulah@gmail.com.

Phone
-

Journal Mail Official
jurnalaldaulah@gmail.com

Editorial Address
-

Location
Kota surabaya,

Jawa timur

INDONESIA