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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 371 Documents
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Measures to Enforce Law Regarding Stay Permit Violation Against Immigration Law Policy Rojak, Jeje Abdul
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.2022.12.2.326-344

Abstract

Law enforcement and stay permit violation are equally important in immigration law policy in many countries. This article seeks to analyse measures taken by the government to enforce the law to control immigration and the likelihood of stay permit violation within the policy of immigration law. Governments in other countries also take stringent measures to enforce immigration law, involving the arrest and deportation of those who fail to comply with immigration law. However, taking these measures may lead to ultra vires tendencies among immigration officials, human rights violations, and inequality in the system of immigration law, while stay permit violation has been an escalating issue, involving document forgery, overstaying visa, or immigration status misuse for illegal purposes. Tackling this issue should take into account supervision improvement, policy change, and sanction imposition on violators. This study also discusses the essence of maintaining the balance between strict immigration law enforcers and individual rights in immigration. All these measures necessitate transparency in the legal process of immigration, fair access to court, and protection of human rights for all, including immigrants. To face these problems, many countries work along with international organisations and humanitarian agencies to seek better solutions and enforce immigration law while safeguarding individual rights. Further studies are needed to help better understand the impacts of immigration policies on immigrants and to find out how law enforcement can be made more efficient without disrespecting human rights. Keywords: immigration, legal policy, law enforcement  
Measuring the Probability of Prohibition of the Spread of Wahhabism in Indonesia Based on Positive Law Suhli, Suhli; Hatta, Mohammad
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.2022.12.2.216-237

Abstract

The increasingly massive spread of Wahhabi ideology in Indonesia has given rise to reactive reactions among society, this is because Wahhabi preaching emphasizes the labeling of Bid'ah and Infidels towards other communities who have different understandings, and this has implications for the many horizontal conflicts that occur during public. Even though Indonesian society is known as a harmonious society amidst diversity and religion. This research is descriptive research with a qualitative approach, while the data collection technique used is a literature study. Then the data collected through the study of the text was compiled, then analyzed using the descriptive analysis method with a deductive mindset. The results of this research are that the Wahhabi ideology pioneered by Muhammad bin Abdul Wahab is an understanding that is oriented towards purifying the creed, which at that time was considered to have experienced many setbacks along with the development of the tarekat's teachings. However, the movement for this understanding is often accompanied by doctrines of heresy, syrk, and infidelity which create polarization in society. In this position, the state constitutionally regulates that every society has the right to believe in beliefs and express thoughts and attitudes following their conscience, but if these beliefs and statements of belief are carried out by causing divisions in society, then this is where the role of the State is needed to ensure peace. and the harmony that is the identity of the Indonesian nation is maintained, meaning that there needs to be a firm stance from the government regarding the spread of Wahhabi ideology, and the Perppu is an alternative as well as a legal instrument that is very possible for the Government to implement to stop the spread of Wahhabi ideology in Indonesia and at the same time reflects this attitude. The government is firm against anyone who destroys the diversity of Indonesian society Keywords: Wahabi, Labeling, Horizontal Conflict
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.
Constitutionality of PERPU Number 2 of 2022 Concerning Job Creation Based on the Ruling of the Constitutional Court Number 91/PUU-XVIII/2020 Negara, Dharma Setiawan; Lufsiana, Lufsiana; Nainggolan, Samuel Dharma Putra
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 13 No. 1 (2023): 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.2023.13.1.159-179

Abstract

Applicability Constitution Number 11 of 2020 concerning Job Creation changes several arrangements previous employment _ arranged in Constitution Number 13 of 2003 Concerning Employment give rise to various polemic in proven implementation _ with he sued Constitution Number 11 of 2020 concerning Job Creation to Court The resulting constitution decision that Constitution the must repair, especially those related with employment. Because of That Government through the President set Regulation Government Replacement Law (PERPU) Number 2 of 2022 concerning Job Creation as an answer to the polemic and emptiness of the law that occurred. Study This is a study law normative with the use approach legislation and approach conceptual study about the constitutionality of PERPU Number 2 of 2022 concerning Job Creation which has been determined by the President Republic of Indonesia. PERPU is made only if a situation is critical. PERPU 2/2022 was created when the Job Creation Law was declared to need to be revised because it was decided by the MK to be in conflict with the Constitution, while the Covid 19 conditions required the state to continue to maintain economic stability, therefore PERPU 2/2022 was issued, however, this PERPU was also challenged by the MK because It is considered that some of the content does not reflect any form of protection for workers. Apart from that, the applicant's argument for a judicial review of PERPU also argued that PERPU 2/2022 was made even though it was not in a critical situation.
Analyzing MT Arman 11 Case: Dispute Settlement in Seizure of Ship's Action under International Law Gunawan, Yordan; Fathi, Muhammad; Ghiffara, Mustafad
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 14 No. 1 (2024): 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.2024.14.1.61-85

Abstract

On October 7, 2023, the Indonesian Coast Guard's recent seizure of the Iranian-flagged MT Arman 114 vessel has highlighted the legal complexities involved in enforcing maritime security in the Exclusive Economic Zone (EEZ). This article examined the United Nations Convention on the Law of the Sea (UNCLOS) 1982 as the main legal framework regulating such occurrences. Flag state sovereignty typically regulates vessels, but UNCLOS 1982 grants coastal states such as Indonesia the authority to deal with infringements occurring within their Exclusive Economic Zones (EEZs), such as illicit oil transfers and actions that pose a threat to national security. The article explored Part XV of UNCLOS 1982, which elucidated the many systems for resolving disputes, ranging from voluntary ways to obligatory procedures, including esteemed organizations such as the International Tribunal for the Law of the Sea (ITLOS) and the International Court of Justice (ICJ). The author therefore uses normative legal research methods to highlight the importance of strong legal structures such as UNCLOS 1982 in facing impending maritime security difficulties in the Exclusive Economic Zone (EEZ), encouraging collaboration and non-violent resolution of complex issues such as ship seizures. The results show that, in the situation of the seizure of MT Arman 114, depending on the alleged violations and the outcome of negotiations between Indonesia and Iran, it may be appropriate to use UNCLOS 1982 dispute resolution procedures, such as ITLOS or ICJ, to achieve justice. and valid international decisions.
Implementation of the Non-Refoulment Principle in Indonesia: A Case Study of Rohingya Refugee Protection in Aceh Taib, Mukhlis; Ali Buto, Zulfikar; Fithra, Herman; Alwi, Said; Iqbal, Muhammad; Safitri, Maya
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 14 No. 1 (2024): 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.2024.14.1.86-106

Abstract

This study examines the implementation of the non-refoulement principle in Indonesia, focusing on the protection of Rohingya refugees in Aceh. The issue at hand involves the complex challenges faced due to the partial rejection of Rohingya refugees by some residents of Aceh, highlighting potential violations of international human rights norms. Despite Indonesia not ratifying the 1951 Refugee Convention, the country is bound by international human rights obligations, including the non-refoulement principle, which prohibits the forcible return of refugees to places where they face serious threats to their lives or freedoms. The primary objective of this research is to critically analyze how Indonesia, specifically Aceh, applies this principle and to explore the associated challenges and implications. The study employs a qualitative method, including a thorough review of international legal documents, such as the Universal Declaration of Human Rights (UDHR), the 1951 Refugee Convention, and the 1967 Protocol, alongside relevant literature. Findings reveal that while Indonesia shows commitment to non-refoulement, its implementation is inconsistent and hampered by resource constraints, lack of inter-agency coordination, and local resistance. This study's novelty lies in its detailed analysis of local responses, particularly in Aceh, an area often overlooked in previous research. The implications of this study stress the necessity for improved national policies and better coordination between governmental and non-governmental actors to ensure comprehensive protection for refugees. It also highlights that adherence to humanitarian principles can be achieved through practical actions, even in the absence of formal ratification of international conventions.  
The Practice of Patronage in Elections And Its Implications for Democratic Credibility in Indonesia Handoko, Priyo; Rohmah, Elva Imeldatur; Farida, Anis
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 13 No. 1 (2023): 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.2023.13.1.137-158

Abstract

Patronage in Indonesian elections often occurs, especially among political elites and legislative candidates. It may be due to the need for candidates to gain votes and support from the public, and the practice of patronage is considered effective in achieving this goal. The study aims to identify voter patronage practices and measure the impact of patronage practices on the credibility of democracy in Indonesia. This research is qualitative, and data is obtained through document analysis and related literature. Election patronage practices can take many forms, ranging from money or goods to voters, unrealistic political promises, to employing positions or powers to influence voter decisions. The study found that patronage practices can significantly impact the credibility of democracies, thus disrupting democratic processes and affecting the quality of elections in Indonesia. The approach can undermine democratic principles that are supposed to be based on free and fair participation and competitive competition based on political ideas and visions. When elections were influenced by material benefits rather than political views, the public felt that elections no longer represented their aspirations and interests, resulting in dubious legitimacy over the elected government. Therefore, efforts are needed to combat patronage practices in general elections in Indonesia. This can be done through implementing strict regulations related to campaign funding and political practices, education and political literacy for the public, strict law enforcement for patronage practices, and improving the general election system to make it more transparent and accountable
Pancasila State: Study of Concepts, State Philosophy, Paradigms, Existence, Guidelines, and Relevance with Maqasid Al-Shari'ah Jamal Al-Din 'Atiyyah Muhammad Solikhudin; Moh. Faizur Rohman
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.2023.13.2.274-306

Abstract

This article aims to strengthen the ideology of Pancasila and to answer the fundamental problems of the state which are being debated between the secular state, the religious state, and the state of mutualist symbiosis with the ideology of Pancasila, which in this article is discussed with the Pancasila state. This article explains the Pancasila state by examining concepts, state philosophy, paradigm, existence, guidelines, and relevance to maqasid al-shari'ah Jamal al-Din 'Atiyyah. The type of research used is library research with qualitative analysis techniques and a conceptual approach. The research results state that the Pancasila state concept is a prismatic concept built between a religious and secular state, individualism and collectivism, and civil law and common law. Pancasila is a state philosophy that contains common interests and originates from political agreement. The Pancasila State is a legal paradigm and its development. In the realm of existence, Pancasila emphasizes the relationship between religion and the state. For this reason, there are four guiding principles of national law; firstly, all laws must guarantee the nation's integration. Secondly, laws must be created democratically and nomocratically based on the wisdom of wisdom; thirdly, laws must encourage the creation of social justice; and fourthly, there must not be public laws based on certain religious teachings. The Pancasila state was created to create a harmonious life in diversity because Pancasila is a way of life that promotes mutual harmony. Meanwhile, the relevance of Jamal al-Din 'Atiyyah's maqasid al-shari'ah is related because it contains maqasid personalmukallaf, maqasid al-ummah (national goals), and maqasid al-insanity (humanitarian goals). Keywords: State, Pancasila, and maqasid al-shari'ah Jamal al-Din 'Atiyyah.
Enforcement of Human Rights According to Nurcholish Madjid: Fiqh Siyasah Dauliyah Perspective Syamsuar; Rizki, Darlin; Zikriati
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 14 No. 1 (2024): 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.2024.14.1.25-57

Abstract

Human rights enforcement is often considered a classic issue that lacks appeal, particularly when violations are committed by political elites who attempt to justify their actions. However, discussing the past wrongdoings of a regime remains relevant and crucial as a preventive measure to avoid similar violations in the future. This research explores Nurcholish Madjid's interpretation of Human Rights enforcement from the perspective of Fiqh Siyasah Dauliyah. This study uses a qualitative phenomenological approach to examine Aceh's DOM (Military Operations Area) events from 1989 to 1998. Data were collected through interviews with Aceh community leaders and a thorough review of scholarly literature, including works by Nurcholish Madjid and related sources. The findings reveal the significant relevance of Fiqh Siyasah Dauliyah and human rights in analyzing international issues, particularly in conflict resolution contexts. Reports from the DOM Aceh period highlight extensive human rights abuses, underscoring the need for an effective judicial system to address violations and ensure victim restitution. Nurcholish Madjid advocates for conflict resolution through dialogue and peace, emphasizing the constant protection of civilians. Fiqh Siyasah Dauliyah promotes international dialogue and peace during peaceful times (Dar al-Islam), positioning war as a last resort only after all peaceful measures have failed. During wartime (Dar al-Harb), it insists on maintaining ethical conduct, permissible solely when peaceful alternatives have been exhausted. Islamic principles dictate that military engagements should not cause excessive suffering for civilians and should conclude with a surrender, peace treaty, or ceasefire.
The Future of MK Legal Instruments In Mapping The Study of The Philosophy of Utilitarianism Jeremy Bentham Shalihah, Aini; Khoyyinah, Khoyyinah
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.2023.13.2.334-351

Abstract

This research analyzes the changes to the Constitutional Court Law in Indonesia, focusing on their socio-political consequences. The research method used is a normative legal methodology, which evaluates the socio-political impact of the changes based on Jeremy Bentham’s theory of utilitarianism. The research considers factors such as the organization and the role of the Constitutional Court, the independence of judges, and the state of democracy in Indonesia. The study shows that the Constitutional Court Law changes have significantly impacted societal welfare, with some parties supporting increased constitutional protection and human rights. In contrast, others are concerned about the potential politicization and reduced effect reduced effectiveness of other democratic institutions. The practical implication of this research is to provide policy recommendations to improve the regulation and implementation of the Constitutional Court in Indonesia to maximize overall public welfare. Keywords: Constitutional Court, Utilitarianism, social welfare.

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