Garuda - Garba Rujukan Digital

Article Per Year (5 Year)

All

Al-Daulah : Jurnal Hukum dan Perundangan Islam

aldaulah
Website

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 370 Documents

27 28 29 30 31

Eksistensi AAUPB di Indonesia dan Yurisprudensinya Dalam Perkara TUN Ikhsan Fatah Yasin
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 8 No. 2 (2018): Oktober
Publisher : Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

This article discusses the General Principles of Good Governance (AAUPB). It has a long journey from the beginning of its coming in the Netherland to its application in Indonesia today. AAUPB, which previously was only in theoretical realm, it changes into Law No. 30 of 2014 today. The principles contained in the law are legal certainty; expediency; impartiality; accuracy; not to abuse authority; openness; public interest; and good service. In addition to these principles, we can also use other principles as far as they become the basis for the judges' judgments that have permanent legal force. In various cases, the basis of the claim of AAUPB does not stand alone but it is also juxtaposed with violations of statutory regulations. The Supreme Court verdict has become a jurisprudence between Suhaili Saun (shareholder in PT Volex Batamindah) and the Chairman of BKPM, although the plaintiff also argued that violating the AAUPB namely the principle of legal certainty, the defendant also violated article 2 letter b of Law No. 1 of 1967 about Foreign Investment. In the case of the dismissal of Bripda Helga Musa Sitepu by the Head of the North Sumatra Regional Police, the decree has violated article 2 paragraph 2 letter d and article 11 paragraph 1 of KAPOLRI regulation No. 8 of 2006 and was contrary to the principle of the district.

Kewenangan Pemerintah Dalam Pengadaan Tanah Untuk Kepentingan Umum Muwahid Muwahid
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 8 No. 2 (2018): Oktober
Publisher : Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

The government, in carrying out land acquisition for the public interest, gets the authority of attribution in Law No. 5 of 1960 about the Basic Agrarian Principles (UUPA) as contained in article 2, article 6, and article 18. On the oher hands, the government also gets the attributional authority of Law No. 20 of 1961 about revocation of land rights, and Law No. 2 of 2012 about land acquisition for development of the public interest. However, in the laws and regulations governing land acquisition in the public interest, there is an inconsistency in regulation between Law No. 2 of 2012 and Law No. 20 of 1961. Several articles in Law No. 2 of 2012 deny the provisions regulated in Law No. 20 of 1961. Even though Law No. 20 of 1961 is still valid because it has never been revoked or replaced with other laws and regulations. Beside that, there is an overlapping arrangement between Law No. 2 of 2012 and Law No. 20 of 1961. Keywords: Authority, Government, Land Procur

Pembaharuan Hukum Tata Negara Indonesia Dalam Rangka Mewujudkan Cita Negara Hukum Nasional titik triwulan tutik
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 8 No. 2 (2018): Oktober
Publisher : Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Legal products or legislation as objects of Constitutional Law contain elements of dynamics that are closely related to the movements and needs of individuals in society and the growth of state organizations. Considering the interrelation between Constitutional Law and social changes, it is obvious that what is important in Constitutional Law is not just studying the Constitution and legislation, but more pressure should be given to the process of the Act. In this context, awareness and renewal of ways of thinking in the field of Constitutional Law are needed so that the legal narrowness caused by the lack of extensive legal treasury no longer appears in the form of legal thinking or mere juridisch denken, which results in a narrow mindset in the form of imitating the rules. rules only. Constitutional law not only pays attention to a formal perspective, but also a functional angle, so that it will always be dynamic.

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.

Penerapan UU No. 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak di Wilayah Kabupaten Pamekasan Umi Supraptiningsih
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 9 No. 2 (2019): Oktober
Publisher : Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

The problems of children are increasing and increasingly diverse. It causes them to be classified as Children in Conflict with Law (ABH), either as perpetrators or victims. The problems are sexsual crime, theft, scuffelling, mugging, and drug addictive cases.The existance of Law No. 11 of 2012 concerning the Act of Children Criminal Justice System (UU-SPPA) in lieu of Law No. 3 of 1997, is expected to give more rights to ABH. UU-SPPA has been implemented as it has been stated in the Act, such as the implementation of Diversification as regulated in the UU-SPPA and also Supreme Court Regulation No. 4 of 2014 concerning Guidelines for the Implementation of Diversity in the Children Criminal Justice System (UU-SPPA). The judges spesialized for Juvenil courts are already available, but the prosecutors and the police are not yet available. During the legal process, ABH is not detained except in certain cases (ultimum remidium). However, the implementation of the decision cannot be carried out perfectly due to the unavailability of facilities and infrastructure which are mandated by the SPPA, such as vocational training institutions, the Child Welfare Organization (LPKA).

Peran Pemerintah Daerah Kabupaten/Kota Dalam Pengawasan Tenaga Kerja Asing di Indonesia La ode Dedihasriadi
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 9 No. 2 (2019): Oktober
Publisher : Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia implies that the natural resources which belong to the State are used for the prosperity of the people of Indonesia. Thus, in carrying out the mandate of the Constitution to create justice for the community and national economic development of employment including foreign workers, the government should provide a good mechanism and supervision so that there will be no gap between the mandate of the constitution and the acceleration of economic development involving foreign workers. Labor inspection done by a separate working unit in the agency whose scope of duties and responsibilities is in the field of employment is in the central government, provincial government, and district/ city government. This study used a normative-empirical approach, where the researcher examined the law and its implementation regarding the roles of district/ city governments in the supervision of foreign workers. The purpose of this study was to examine the extent of the roles of district/ city governments in overseeing foreign workers in their regions. The results of the study showed that the roles of district/ city governments in carrying out the supervision of foreign workers in Indonesia were not regulated by laws of No. 23 of 2014 concerning regional government, PP No. 20 of 2018 concerning the use of foreign workers, and Minister of Manpower Regulation No.10 of 2018 concerning procedures for the use of foreign workers. Thus, its implementation made it difficult for district/ city governments to oversee the presence of foreign workers in their areas.

Page 29 of 37 | Total Record : 370

27 28 29 30 31

Filter by Year

2011 2025

Filter By Issues

All Issue Vol. 15 No. 1 (2025): April Vol. 14 No. 2 (2024): October Vol. 14 No. 1 (2024): April Vol. 13 No. 2 (2023): October Vol. 13 No. 1 (2023): April Vol. 12 No. 2 (2022): October Vol. 12 No. 1 (2022): April Vol. 11 No. 2 (2021): October Vol. 11 No. 1 (2021): April Vol. 10 No. 2 (2020): Oktober Vol. 10 No. 1 (2020): April Vol 9 No 01 (2019): April Vol. 9 No. 2 (2019): Oktober Vol. 9 No. 1 (2019): April Vol 8 No 1 (2018): April 2018 Vol. 8 No. 1 (2018): April 2018 Vol 8 No 02 (2018): Oktober Vol. 8 No. 2 (2018): Oktober Vol 7 No 2 (2017): Oktober 2017 Vol. 7 No. 2 (2017): Oktober 2017 Vol 7 No 1 (2017): April 2017 Vol. 7 No. 1 (2017): April 2017 Vol 6 No 2 (2016): Oktober 2016 Vol. 6 No. 2 (2016): Oktober 2016 Vol 6 No 1 (2016): April 2016 Vol. 6 No. 1 (2016): April 2016 Vol 5 No 2 (2015): Oktober 2015 Vol. 5 No. 2 (2015): Oktober 2015 Vol 5 No 1 (2015): April 2015 Vol. 5 No. 1 (2015): April 2015 Vol 4 No 02 (2014): Oktober 2014 Vol 4 No 02 (2014): Oktober 2014 Vol. 4 No. 02 (2014): Oktober 2014 Vol 4 No 01 (2014): April 2014 Vol 4 No 01 (2014): April 2014 Vol. 4 No. 01 (2014): April 2014 Vol 3 No 2 (2013): Oktober 2013 Vol. 3 No. 2 (2013): Oktober 2013 Vol 3 No 2 (2013): Oktober 2013 Vol 3 No 1 (2013): April 2013 Vol 3 No 1 (2013): April 2013 Vol. 3 No. 1 (2013): April 2013 Vol 2 No 2 (2012): Oktober 2012 Vol. 2 No. 2 (2012): Oktober 2012 Vol 2 No 2 (2012): Oktober 2012 Vol 2 No 1 (2012): April 2012 Vol 2 No 1 (2012): April 2012 Vol. 2 No. 1 (2012): April 2012 Vol 1 No 01 (2011): April 2011 Vol. 1 No. 01 (2011): April 2011 Vol 1 No 2 (2011): Oktober 2011 Vol 1 No 2 (2011): Oktober 2011 Vol. 1 No. 2 (2011): Oktober 2011 More Issue

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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