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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 370 Documents
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THE Role of Indonesian National Police in Preventing The Spread of Covid-19 from The Perspective of Fiqh Siyasah Musyafaah, Nur Lailatul; Rohmah, Maulidatur; Yolanda, Yue Sevin Eva; Izza, Zakiya
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 11 No. 2 (2021): 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.2021.11.2.224-245

Abstract

The article discusses the role of the Indonesian police in preventing the spread of the covid-19 virus from a fiqh siyasah perspective with a statutory approach. Research data were obtained from primary legal materials, namely laws, and regulations related to the Indonesian National Police. Secondary legal materials were collected from books, articles, and news and analyzed descriptively with a deductive mindset. Data on the role of the police during the Covid-19 pandemic based on Law No. 2 of 2002 concerning the National Police of the Republic of Indonesia was analyzed with a review of fiqh siyasah.  This research concludes that the Indonesian National Police agency acts as an instrument of law enforcement and supports the success of the Indonesian government in dealing with covid-19.  Among the duties of the Indonesian National Police during the Covid-19 pandemic are enforcing the law, educating the public, detecting the spread of the covid-19 virus early, and maintaining security.  The police force adheres to the role of al-hisbah in fiqh siyasah, aiming to invite people to act appropriately and prevent people from committing crimes.
Criminal Justice System Reform for Women as Victims of Domestic Violence Through Local Wisdom Fatoni, Syamsul; Muti’ah, Dewi; Wijaya, Dodik Pranata
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 11 No. 2 (2021): 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.2021.11.2.268-296

Abstract

The criminal justice system aiming to serve as a resolution of domestic violence should take into account the adat law system, religious law, and self-regulation living in society. Marriage Institution and Law Number 23 of 2004 concerning Abolishment of Domestic Violence turns out to be a criminogenic factor. This research seeks to investigate the criminal justice system linked to measures for the protection of women as victims of domestic violence in Indonesia and to find out and analyze the contribution of local wisdom to the reform of the system regarding the protection of female victims of domestic violence. This research required doctrines involving the study of secondary data supported by a field study and systematic analyses of the existence of the criminal justice system regarding domestic violence cases with an approach to the local wisdom in Madurese society. The research discovers that the criminal justice system in mitigating the female victims of domestic violence must be integrated and synergized with the sub-systems embracing police, health professionals, social workers, voluntary facilitators, and preachers assigned in criminal court as governed under the Law Number 23 of 2004. The presence of local wisdom in the reform of the criminal justice system concerning domestic violence cases represents the measures taken to shape criminal law in Indonesia by accommodating the values that live in societies, including religious teaching through restorative justice. This approach is intended to accommodate the interest of the victims and criminal offenders to resolve the issue within the criminal justice system.
Measuring The Likelihood of Unregistered Marriage (The Perspective of Siyasah Jinayah) Ubaidillah, Hasan
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 11 No. 2 (2021): 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.2021.11.2.246-267

Abstract

Unregistered marriage is not something uncommon in Indonesia, contrary to the promulgation of Law Number 1 of 1974 concerning Marriage requiring the state to only recognize the validity of a registered marriage. Unregistered marriage often puts women as victims and this practice tends to contravene Islamic law. There have been cases where women always end up with an unclear status as wives, considering that wives are not entitled to both juridical rights and Islamic law rights to cancel a marriage, while a divorce is not often clearly declared against wives by husbands. Despite the impacts resulting from unregistered marriage, this practice remains obvious in society. The notion demanding the criminalization of unregistered marriages is rising, while this view is opposed by some since it is deemed to contravene religious provisions. Departing from this polemic, this research employed a normative method to find out the legal standing of the criminalization of unregistered marriage pursuant to Islamic law. The research discovers that unregistered marriage is likely to take place according to the criminal perspective of Islam, especially when it is linked to merit and drawbacks in the matter. Although the legal standing of unregistered marriage is acceptable, overlooking the procedures set by the government is deemed to be disobedience since this instruction from the government as ulil amri is considered ta’zir citizens have to obey. Thus, criminalizing unregistered marriage is not taken as a proscription in terms of marriage, but it is implemented to respond to the disobedience of the governmental procedures.
Interpreting Al-Bughāt and The Ethics of Nation State Citizenship khoiroh, Muflikhatul; Syakur, Abd
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 12 No. 1 (2022): 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.2022.12.1.1-24

Abstract

This article examines the al-bughāt phenomenon addressed to groups accusing the Indonesian state of being a taghut government. The study garnered primary sources from siyāsah fiqh books discussing al-bughāt. The data collected was analyzed using content analysis, and the results are as follows; al-bughāt is a justified state dissident. The concept of al-bughāt was born within the framework of jināyah fiqh, so it is classified in the ḥudūd criminal provisions. Al-bughāt, in the practical level of early Islamic politics, was in a political frame so that there was no provision for sanctions. Besides, jurists position al-bughāt as the authority of the Islamic state under the political model of the khilāfah, so it is not appropriate when applied in countries that do not adhere to Islamic principles, such as Indonesia. As for certain groups that accuse Indonesia of being a taghut country, they should be more appropriately positioned as deviants who should be facilitated with guidance and counseling. However, if they commit deadly destruction and bombing, they are placed as al-muḥāribūn, whose punishment status is in the al-ḥirābah category.  Keywords: al-bughāt, al-ḥudūd, , al-muḥāribūn, jarīmah, ḥadd al-ḥirābah 
Political Culture of Madurese Community in Marriage Law: from the Perspective of Utilitarianism and Structuration Theories and Maqasidi Interpretation Sumarkan, Sumarkan; Choiroh, Ifa Mutitul
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 12 No. 1 (2022): 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.2022.12.1.26-50

Abstract

This research delves into marriage law of Madurese community seen from the purview of its culture and nature. The practice of such marriage contravenes the formal restrictions of the legislation concerning marriage as ruled by the state. Several facts show that some marriage norms were spoiled, sparking the popularity of sirri (unregistered) marriage which further leads to istbat nikah and underage marriage that triggers an exemption. This research employed a qualitative method by garnering information from the judges of a religious court, kiai (a respected and religious Javanese expert in Islam), and the members of the public. The primary data were collected from data on unregistered marriage and exemption in marriage. The data were reductively analyzed, discovering that, first, the political culture of the marriage in Madurese community is captured in a particular pattern: 1) political administration is a measure taken to manipulate the administrative process; 2) political prevention is defined as a legal objective (maslahah, avoiding the likelihood of sharia violations with the basis of hifdz an-nasb) which is a milestone of a legal politics referred to by people, 3) political family and political culture were shaped by the people’s view believing that securing familial relationships from breaking is far more important than what the legislation regulates, 4) political authority represents the presence of a kiai that works like a shield and an escape thoroughfare from the law of the state for the sake of the tradition; second, 1) from the aspect of utilitarianism, there is a point at which political culture of Madurese community and justice meet, 2) the structuration theory views political culture in Madurese community as inevitability, involving religious roles, public, and legal materials, and 3) within maqasidi scope, a law enforcement is seen as preventive (dar’u al-mafasid) as congruent with the aspect of lawmaking objective.  
Law Enforcement Over Air Pollution to Bring about Sustainable Development Goals (SDGS): (A Case Study on Air Pollution in Palangkaraya, Central Kalimantan) Paramitha, Vallencia Nandya; Sukardi, Sukardi
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 11 No. 2 (2021): 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.2021.11.2.297-315

Abstract

Forest fires in Indonesia have led to devastating effects on the environment and caused air pollution, and this issue needs to be addressed immediately. The involvement of law enforcers should play an essential role in such a case since they serve as the guidelines to solve environmental issues according to Law Number 32 of 2009 concerning Environmental Management and Protection. This research seeks to analyze law enforcement over air pollution resulting from forest fires and the necessity to enforce environmental law to allow for sustainable development goals (SDGs). With normative-juridical methods, this research discovered that issues such as forest fires departed from poor environmental law enforcement in Indonesia that fails to bring about significant changes for sustainable development. This weakness has lured the people in Indonesia to overlook the current law, coupled with poor supervision given by the government apparatuses, precluding the environmental law from being appropriately enforced. People's participation is required to enforce the environmental law to tackle air pollution caused by forest fires. The condition is expected to improve with the agenda of fixing existing issues, particularly the environmental problems for better sustainable development.
The Dynamic Problems of Polygamy Cases in Indonesia:: The Showcase of Juridical Authority, Implementation of Contra Legem and Fiqh Argumentations Naily, Nabiela; Riza, A. Kemal; Biroroh, Ta’mirotul
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 12 No. 1 (2022): 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.2022.12.1.51-75

Abstract

Abstract: One issue that remains a stumble block for modernization of Islamic family law is polygamy. In Indonesia, polygamy is restricted, but not completely forbidden. Husbands who have desires for polygamy should fulfill requirements before the court of justice. However, there is a tendency among judges of Islamic courts nowadays to grant permission for them to practice polygamy although not all of those husbands meet the requirements as outlined by the Marriage Law. The judges argue that according to Article 5 the Law No. 48 of 2009 concerning Judicial Authority they have the right and are obliged to deliver justice at all costs. Therefore, they grant permission for polygamy not only on the basis of the corresponding the Law No. 1 of 1974 on Marriage, but also on the authority of rechtsvinding, Islamic jurisprudence or fiqh as living law concept, and contra legem theory, a progressive implementation of legal value. Keywords: polygamy, juridical authority, contra legem
Synchronising Positive Law and Islamic Law Within a Justice Concept in Concurrent Elections 2024: From The Philosophical Perspective of Islamic Law Mahir
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 12 No. 1 (2022): April
Publisher : Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

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

Abstract

Concurrent elections should not be injured by dissenting interpretations of Islamic Law in terms of its contextual connection to Positive Law. This research aims to delve into the connection between the norms of Islam and politics in Indonesia and the measures taken to bring about the harmony of religious norms within the political system of law in Indonesia. With a normative-descriptive approach, this legal research discovered that the legal objective is not restricted to justice, but it also takes into account legal certainty and merit. The discourse on justice often refers to two thoughts. John Rawls and Jürgen Habermas, within the scope of critical philosophy developed by Kant, attempted to seek the primary principles underlying social life. Concurrent elections 2024 in Indonesia refer to direct, universal, free, secret, genuine, and just principles. These principles serve as the basis for justice enforcement, especially in the fulfilment of the political rights of the citizens. The justice principle builds the harmonization of the norms that underlie elections with Islamic Law as the core soul of the elections. Participation in elections is understood as the exercise of the norms of Islamic law with the frameworks aiming to bring about the merit of the people as a whole. How do the principles of justice in the principles of elections intertwine with the principle of justice in Islamic law?
Synchronising Positive Law and Islamic Law Within a Justice Concept in Concurrent Elections 2024: From The Philosophical Perspective of Islamic Law Mahir, Mahir
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 12 No. 1 (2022): 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.2022.12.1.76-107

Abstract

Concurrent elections should not be injured by dissenting interpretations of Islamic Law in terms of its contextual connection to Positive Law. This research aims to delve into the connection between the norms of Islam and politics in Indonesia and the measures taken to bring about the harmony of religious norms within the political system of law in Indonesia. With a normative-descriptive approach, this legal research discovered that the legal objective is not restricted to justice, but it also takes into account legal certainty and merit. The discourse on justice often refers to two thoughts. John Rawls and Jürgen Habermas, within the scope of critical philosophy developed by Kant, attempted to seek the primary principles underlying social life. Concurrent elections 2024 in Indonesia refer to direct, universal, free, secret, genuine, and just principles. These principles serve as the basis for justice enforcement, especially in the fulfilment of the political rights of the citizens. The justice principle builds the harmonization of the norms that underlie elections with Islamic Law as the core soul of the elections. Participation in elections is understood as the exercise of the norms of Islamic law with the frameworks aiming to bring about the merit of the people as a whole. How do the principles of justice in the principles of elections intertwine with the principle of justice in Islamic law? Keywords: Harmonization, justice, concurrent elections, the philosophy of Islamic Law  
Philosophy of Tashrī‘ Review on Internalization Maja Labo Dahu in The Legal System of The Sultanate of Bima Idrus, Achmad Musyahid; Hasan, Hamzah; Asti, Mulham Jaki; Taudiyah, Nasya Tisfa; Halim, Patimah
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 12 No. 1 (2022): 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.2022.12.1.108-128

Abstract

Maja Labo Dahu's philosophy represents the Bima community's local values that have been internalized into Islamic law. This research aims to find answers to the issues examined, namely the existence of Islamic law in the Sultanate of Bima. The primary focus lies in the analysis of the implementation of Islamic law during the Sultanate of Bima and the internalization of the philosophy of Maja Labo Dahu within the Sultanate of Bima. The method used in this research is a descriptive qualitative method, which explores written documents and information from Bima community figures who know the implementation of Islamic law in the Sultanate of Bima as a result of the internalization between the philosophy of Maja Labo Dahu and the fiqh tashrī' in Islam. The data used in this research were obtained through observation, cross-checking interviews, and literature study. The findings of this research reveal that Islamic law has existed in the Sultanate of Bima since Islam was accepted as the official religion, based on the legitimacy of the theory of shahada, which explains the application of Islamic law coinciding with the Bima community's embrace of Islam. However, formally and juridically, Islamic law was declared applicable throughout the Sultanate of Bima after the establishment of three legal institutions, namely Sara Tua, Sara Sara, and Sara hukum, which were responsible for coordinating the implementation of laws such as flogging, stoning, retribution, and discretionary punishment. The philosophy of Maja Labo Dahu has been internalized into the Islamic law of the Kingdom of Bima, causing the Bima community to feel fear and shame in committing legal violations. Keywords: Tashrī’ philosophy, Maja Labo Dahu, Family Law, Sultanate of Bima.

Page 33 of 37 | Total Record : 370

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