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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 Validity of Fines Imposed as a Sanction by Regional Governments to Control Compliance With Covid-19 Health Guidelines Airlangga, Bayu; Wijoyo, Suparto; Soekarwo, Soekarwo
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.2022.12.1.129-147

Abstract

As an effort to deal with the Covid-19 pandemic, the Government issued Presidential Instruction Number 6 of 2020 concerning Increasing Discipline and Law Enforcement of health Protocols in the Prevention and Control of Corona Virus Disease 2019 (Covid-19). In Presidential Instruction 6/2020 Regioal Heads are instructed to make Regional Head Regulations (Perkada) which contain sanctions for violation of obligations contained in the health protocol. Reffering to Law Number 12 of 2011 concerning Fomation of Legislation, Regional Head Regulations are not included in the hierarchy of statutory regulations. So this study discusses the validity of administrative sanctions in the form of fines contained in the Regional Head Regulation. Keywords: Administrative Fines, Regional Head Regulations, Covid-19.
Correlation Between the Concept and Practice of Omission and Positive Fictitious Actions in Government Administration Muslim, Mutia Jawaz
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 15 No. 1 (2025): 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.2025.15.1.52-75

Abstract

Regulations concerning government omissions and the concept of positive fiction play a strategic role in the national legal system. These two legal instruments serve to ensure legal certainty, protect the public, and encourage professionalism among state officials in the provision of optimal public services. However, their implementation has raised various questions and issues, especially since the enactment of the Job Creation Law. This study aims to describe the problems that arise due to government inaction and the application of positive fiction in state administration practices. The method used is normative legal research with a conceptual approach and case studies. Through theoretical analysis, court decisions, case studies, and elaboration based on regulations and principles of administrative law, this study finds that government inaction is part of concrete action. These actions are then addressed through the application of the concept of positive fiction as a corrective instrument against the government's failure to fulfill its obligations. However, the issue becomes complex when the authority to resolve disputes related to positive fiction is separated into two different branches of power since the enactment of the Job Creation Law. This separation has the potential to open up opportunities for abuse of process by parties seeking to profit from legal loopholes. Therefore, the authority to review positive fictitious actions should be part of the jurisdiction of the administrative court.
The Existence of Pancasila Ideology in the KKNI Curriculum and its Implementation at the Faculty of Law, Airlangga University, and The Faculty of Sharia and Law, State Islamic University of Sunan Ampel Surabaya Damanhuri, Damanhuri; yasin, Ikhsan fatah
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.2021.11.2.316-342

Abstract

Pancasila as a guideline for the nation's life is manifested in every aspect of Indonesian society. In the field of education, the existence of Pancasila is concretized in the KKNI curriculum. So, how is the existence of the Pancasila ideology in the Legislation that underlies the KKNI Curriculum, especially in higher education? This study aims to examine the existence of Pancasila in the KKNI curriculum, especially in the implementation of the KKNI curriculum at the Faculty of Law, Airlangga University, and the Faculty of Sharia and Law, UIN Sunan Ampel Surabaya. The research method used in this study is the empirical normative method. Based on the results of the study, it was revealed that the legislation that is the legal basis for the KKNI curriculum already reflects the values of Pancasila and strengthens Pancasila's ideology in organizing the learning process in higher education. This appears in the general description and gradation of the KKNI in Presidential Regulation Number 8 of 2012 and also the Learning Outcomes (CPL) in the attachment to the Regulation of the Minister of Research and Higher Education Number 44 of 2015 on the aspect of general attitudes and skills. These learning outcomes and general skills aspects serve as a guideline for all higher education providers when creating the KKNI curriculum structure. The KKNI curriculum at the Faculty of Sharia and Law and the Faculty of Law UNAIR has strengthened the ideology of Pancasila. The steps are by referring to the CPL in the attachment to the Regulation of the Minister of Research and Higher Education No. 44 of 2015 and adding the university's vision and mission as a Characteristic of Higher Education. Furthermore, several courses are formed that intensively discuss Pancasila and also through the learning process carried out by the lecturers in charge of the courses by instilling the values of Pancasila.
The Right to Vote for People Who Experience Mental/Memory Disorders in Elections Post Constitutional Court Ruling No.135/PUU-XIII/2015 Shobahah, Nurush
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.2022.12.1.148-170

Abstract

ABSTRACT:  MK Decision No.135/PUU-XIII/2015 stipulates that to declare that a voter with mental/memory disorders does not meet the requirements, they must use a mental illness certificate from a doctor. Voters with cognitive/memory disorders who do not have a medical certificate from a doctor will still be recorded in the Permanent Voter List or DPT data collection. Problems arise about how to update the data. What problems arise? Are there voters with mental/memory disorders exercising their right to vote? In reality, many voters with cognitive/memory disorders do not have a cognitive/memory disorder certificate from a doctor. Election organizers responded by continuing to register and include them in the DPT regardless of whether they could exercise their right to vote. The reason is that election organizers avoid the potential for criminal acts to eliminate someone's right to vote. Due to this situation, researchers feel that there is a need to update and reconstruct the voter list updating system for voters with mental/memory disorders. The system used is the Civil Registry, so the government bears data availability for updating. This research is included in socio-legal research with two approaches: the statutory approach and the case approach. The study was conducted in Tulungagung Regency. Keywords: Election, Voters with Mental/Memory Disorders, DPT
The State-Religion Relationship from the Perspective of Islamic-Based State Policy Effendi, Orien
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 12 No. 2 (2022): 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.2022.12.2.196-215

Abstract

This article examines the relationship between state and religion from the perspective of Islamic-based state policy in Indonesia by focusing on how the state can manage the relationship with religion, as well as its impact on political, legal, and social structures. The data in this research is collected from primary and secondary legal materials. Using a juridical-normative approach and content analysis of various policies as well as conducting a literature review, this article concludes that in the context of state and religion relations, the state is not only considered as a political entity but also as a forum for implementing various Islamic-based values and principles in public policy. This article also sees that the state continues to make a positive legal system that is enforced nationally, in addition to efforts to introduce and apply moral and ethical values in the social and political structure of the state. In addition, this article also finds the fact that the relationship between the state and religion is still harmonious by providing legality to various Islamic-based legal products, one of which can be seen in sharia-based economic arrangements, especially Islamic banking. The relationship between state and religion in the Indonesian context shows that both have a reciprocal relationship that needs each other, state policies in ensuring religious life are very important to foster faith. Conversely, religion is very important for the state to get guidance in terms of morality. Keywords: State, Religion, Sharia Economics, Islamic Law.
Constitutional Court Verdict on "Error In Objecto" Lawsuit in Dispute Over Regional Election Results Rahmawati, Nurlaili; Nugraha, Sigit Nurhadi
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 12 No. 2 (2022): 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.2022.12.2.171-195

Abstract

Abstract:  The settlement of cases resulting from the Regional Head Election (Pilkada) is still within the authority of the Constitutional Court. In deciding this case, the Constitutional Court made explicit regulations regarding the procedural law of the trial as outlined in the Constitutional Court Regulations. One of the problems that arise in the examination (trial) of disputes over the results of the regional elections is that the application submitted by the losing party (applicant) turns out to be the wrong object (error in objecto). This error usually occurs because the object being sued is not the final decision on the election results. This research is a normative juridical research that aims to examine the attitudes and decisions of the Constitutional Court regarding requests for disputes over Regional Head Elections (Pilkada) that are Error In Objecto. The result of this study is that the Plaintiff in making the application must clearly not be mistaken in determining the object. In the case/dispute over the results of the regional elections, the object of the lawsuit is the final decree of the General Elections Commission regarding the determination of the results of the election results and not others. Accuracy in making posita and petitum is very important because wrong posita and petitum will lead to the wrong and fatal determination of the object of the application. When this is the issue, the Constitutional Court will not accept the application because it is not authorized. An error in determining the object of this application in procedural law is termed error in objecto, so accuracy as an applicant, respondent, or related party is needed. The recommendation given is that the plaintiff should be more careful in making applications and the revision of the application given by the Constitutional Court at the preliminary hearing, can be used by the applicant to correct his application so as not to incorrectly determine the object of the application/error in objecto.
Flag Respect in Indonesia: A Study of Islamic Literature and Legislation in Indonesia Huda, Bakhrul; Syam, Nur; Safiudin R., Achmad
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 13 No. 2 (2023): 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.2023.13.2.180-201

Abstract

The tribute of the flag is routinely debated on social media, with a flag ceremony held on 17 August each year. Such issues appear to be annual discussions, although there are logical reasons for the party to unanimously express respect for the flag. This article was presented to add academic literature to honoring the flag by answering how unquestioned human diversity is in Islamic literature, how the urgency of the flag in Islamic literature, and how urgency honors the flag in the legal state. The method used to answer these questions is a descriptive qualitative research method with a literary study approach. The sources used are secondary data obtained by authors of Verses, Hadith, Classical Islamic literature, legislation, journals, processes, and relevant online news. The result of the discussion was to become sunnatullah of the existence of humans who are of different ethnicities and nations. The flag that represents a nation or a nation exists and is recorded in the history of Islamic literature. The salute of the flag as an expression of gratitude, a love of the fatherland, commemorating the hero's ceremonial service, which proved there is no Shirk word in the anthem, the blessing of ceremony-bearers and the words of prayer recited at the end of the ceremony are acceptable, recommended even (should) on postulate ṣaḥīḥ even above ṣarīḥ. The attitude of the flag in the legislation is in Article 20 PP. No. 40 of 1958 and Article 15 of Law No. 24 of 2009, respect means to uphold the state's identity while also being a form of love and acknowledging the sovereignty and honor towards the state.
Measuring the Executorial Power of the Constitutional Court of the Republic Indonesia Decisions Muwahid, Muwahid; Bagus, Moh.
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 13 No. 2 (2023): 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.2023.13.2.230-247

Abstract

This study aims to measure the binding strength of the Constitutional Court's decision in constitutional review cases and to analyze the juridical implications of normalizing norms declared unconstitutional by the Constitutional Court. This research is normative legal research with a statutory approach, a concept approach, and a case approach. The Legislative Approach is used to make an inventory of laws and regulations relating to the position and authority of the Constitutional Court. The conceptual approach analyses legal issues based on concepts related to the executive power of the Constitutional Court's decision. The case approach is used as an object in this research, namely the findings of the Constitutional Court, which are not followed up. The results show that the Constitutional Court's decisions are normatively final and binding, but in reality, several Constitutional Court decisions are not followed up by the legislators; this gives the impression that the Constitutional Court's findings do not have an executive nature. The juridical implication of the normalization of norms is declared unconstitutional by the Constitutional Court. Juridically the model does not have binding legal force, and the cancellation of the legal standard must be carried out.
Integrating Good Governance and Digitalisation: A New Breakthrough in the Special Economic Zone of Singhasari Cahyandari, Dewi; Susilo, Edi; Hadiyantina, Shinta; Prasetyo, Ngesti D.; Supriyadi, Aditya Prastian; Liemanto, Airin; Arifien, Zainal; Supriyadi, Rizki Febrianto; Lestari, Diah Charisma
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 12 No. 2 (2022): 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.2022.12.2.238-268

Abstract

Special Economic Zones (SEZs) aim to boost the economy of a region or even a country. In Indonesia, as of 2022, eighteen regions belonged to SEZs, and Singhasari is among those regions—the only SEZ with a digital economic concept. In its implementation, a Good Governance concept is needed to allow for the organisation of management and the achievement of the goals of the development of the SEZ. Concepts such as Community Participation, Stakeholder Involvement, and Local Ownership will be discussed in this research. On the other hand, technology can be utilised to give value to SEZ. The digitalisation of the SEZ can be used in the implementation of Good Governance concepts as well as attracting people and investors to participate. The concept of digitizing the SEZ Singhasari area utilising Augmented Reality and Virtual Reality can be used to introduce the SEZ of Singhasari. Besides, there are also other features such as legal materials underpinning the development of SEZ Singhasari. This study used the principle of Good Governance that underlies SEZ governance. Meanwhile, the concept of digitalisation with the addition of augmented and virtual reality will be used as one of the breakthroughs to harmonize development in the current technological era. Keywords: Special Economic Zone, Singhasari, Digitalisation, Good Governance.
Compatibility of the Presence of the State Policies with the Presidential Government System in Indonesia Ansori, Lutfil
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 13 No. 2 (2023): 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.2023.13.2.248-273

Abstract

The presence of state policies amidst the presidential system has sparked controversies and raised glitches in state administration because these policies and the practice of parliamentarism intersect. On the other hand, fundamental issues arise from the national development planning system, calling for systemic maintenance to reinforce the direction and certainty of development in Indonesia. This article seeks to explore the compatibility of the state policies with the presidential system in Indonesia, mainly focusing on the urgency of the state policies and the form of the policies compatible with the presidential system in Indonesia. This research employed a normative method supported by statutory, historical, and conceptual approaches. To examine the urgency and the compatibility of the policies to the constitutional system in Indonesia, the policies need to be further investigated. The research results show that the urgency of the state policies can be viewed from the need to lead the directions, and policies, and set the certainty of the state development. The presence of these policies is expected to improve the shortcomings of the national development planning system, encompassing improvement of the political aspect of the development plan, constitutional design aspect, and ideological aspect. The compatibility of these policies with the presidential system represents the policies that leave no harm to the standard of the presidential system unless they (i) weaken the position of the president in connection with the parliament, and (ii) require the president to be responsible under the MPR (People’s Consultative Assembly). The compatibility of these policies can be formulated in three models: (i) the DPSP model; (ii) the parent law model as the state policies; and (iii) setting the policies by the MPR by adjusting to the principles of presidentialism.

Page 34 of 37 | Total Record : 370

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