Al-Daulah : Jurnal Hukum dan Perundangan Islam
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.
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371 Documents
<![CDATA[Systematic Literature Review of Syariah Regional Regulations Maqashid Syariah Perspective ]]>
<![CDATA[Buhri, M. Nopri Ramadani Utama]]>;
<![CDATA[Meilinda, Selvi Diana]]>;
<![CDATA[Suwandi, Suwandi]]>;
<![CDATA[Rozie , Azharisman]]>
<![CDATA[ Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 14 No. 1 (2024): April ]]>
Publisher : <![CDATA[Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya ]]>
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DOI: 10.15642/ad.2024.14.1.107-137
<![CDATA[The primary substance of Sharia Regional Regulations (Perda) is to handle equality and injustice. In various areas such as Aceh, Pamekasan, and Medan, implementation gives rise to a view different from the party external. The difference creates disputes and leads to the conclusion that Sharia regulations are not the right solution for public multiculturalism. This study is about equality and injustice in Sharia Regional Regulations in Indonesia and its potential to handle the issue of humanity through the frame of Maqashid Al-Syariah. The research methods used are Systematic Literature Review (SLR) with software assistance such as Publish or Perish for secondary metadata search, Vosviewer for data visualization, and Brand24 for seeing the sentiment public about Sharia Regional Regulations in Indonesia. Research results show that polemic substance Sharia regulations in Indonesia are caused by sentiment negative who consider it a tool of intentional politics. It was also found that contained articles in the Sharia regional regulations are correlated with objective main maqashid al-syariah Al- Kulliyatul Khamsah, that is, for protecting religion (Hifz Din), soul (Hifz Nafs), wealth (Hifz Mal), descendants (Hifz Nasl) and thoughts (Hifz Aql). Additionally, the method delivers comprehensive and analytical proof that existing Sharia regulations not only support Sharia but also support Sharia objectives such as justice, social welfare, and protection of the rights of individuals.]]>
<![CDATA[Antinomy Between Legal Certainty and Justice in the Public Housing Savings Program (Tapera) ]]>
<![CDATA[Heriyanti]]>;
<![CDATA[Pakpahan , Elvira Fitriyani]]>;
<![CDATA[Tanjaya, Willy]]>;
<![CDATA[Siregar, Naek Martahan Hasudungan]]>
<![CDATA[ Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 14 No. 1 (2024): April ]]>
Publisher : <![CDATA[Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya ]]>
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DOI: 10.15642/ad.2024.14.1.138-162
<![CDATA[People's Housing Savings (Tapera) is a government program for home ownership and housing for the community. The implementation of the Tapera program will only be carried out in 2027. However, both in terms of regulation and socialization, it seems rushed and is considered to cause injustice for low-income workers/laborers. The conflict between regulations regarding state efforts to provide housing for the community with mechanisms that are deemed burdensome to the community, on the one hand, causes injustice. So this study aims to find common ground between legal certainty and justice in the Tapera Program. This research is legal research that uses a legislative approach and a conceptual approach to discuss Tapera. Although this program aims to support housing financing, the amount of contributions as regulated in Government Regulation Number 21 of 2024 can cause polemics because it will affect the income of workers who have previously been deducted through Income Tax, BPJS Employment, and BPJS Health membership, and several other taxes or deductions set by the state. So, according to the theory of justice and the General Principles of Good Governance, this Tapera policy can harm justice. People's Housing Savings (Tapera) will be more suitable to be applied only to formal Workers/Laborers (both state and private) because it has a regular wage payment system. Meanwhile, for Independent Workers, it is better if this People's Housing Savings (Tapera) is not an obligation but rather only voluntary, meaning that the wishes of Independent Workers will decide whether to follow the People's Housing Savings (Tapera) program or not.]]>
<![CDATA[Judicial Competence and Consistency in the Constitutional Court’s Decision about Open List Proportional Representation ]]>
<![CDATA[Hijrah, Nurdinah]]>
<![CDATA[ Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 14 No. 1 (2024): April ]]>
Publisher : <![CDATA[Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya ]]>
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DOI: 10.15642/ad.2024.14.1.163-194
<![CDATA[The Constitutional Court often creates new norms that affect the electoral system. Still, sometimes, the Constitutional Court decides cases examining the Election Law as an open legal policy. Therefore, the question is whether the Constitutional Court decides the case in accordance with its competence and consistency in determining cases No. 22-24/PUU-VI/2008 and No. 114/PUU-XX/2022 related to the application of an open list proportional representation system in the DPR and DPRD elections. The purpose of this study is to examine further the competence and consistency of the Constitutional Court in deciding the two cases. This research uses doctrinal research methods. The approaches used in this research include statute, conceptual, historical, and comparative approaches related to the issues being studied. As a result of the study, it was found that the competence of the Constitutional Court in deciding cases No. 22-24/PUU-VI/2008 and No. 114/PUU-XX/2022 was in the context of exercising its authority to examine laws against the 1945 Constitution of the Republic of Indonesia, not as a determinant that regulates and determines which system is most appropriate to be used in the electoral system in Indonesia. The Constitutional Court showed its consistency in deciding the two cases. In its ratio decidendi, the Constitutional Court uses Article 22E paragraph (1) as the basis for its legal considerations so that elections are held with the widest possible participation of the people on the principles of democracy, direct, honest, and fair. This consistency is very important to maintain in order to preserve and sustain the reform mandate that has been crystallized in the 1945 Constitution.]]>
<![CDATA[Dismissal of Regional Heads in The Context of National Strategic Programs: A Perspective on Unitary State and Democracy ]]>
<![CDATA[Rizqiyanto, Naufal]]>;
<![CDATA[Suqiyanto]]>;
<![CDATA[Adawiyah, Robiatul]]>
<![CDATA[ Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 14 No. 2 (2024): October ]]>
Publisher : <![CDATA[Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya ]]>
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DOI: 10.15642/ad.2024.14.2.195-223
<![CDATA[The dismissal of regional heads is a complex issue in Indonesian governance. Non-compliance with national strategic programs is considered a serious offence that impacts national stability and development. In the context of a unitary state, the implementation of national policies must be harmonised at all levels of government. However, from a democratic perspective, the dismissal of regional heads must go through a transparent and accountable mechanism. This study aims to analyse the mechanism for dismissing regional heads who do not implement national strategic programs from the perspective of a unitary state and democracy. The method used is a normative legal research method with a descriptive-analytical approach. Data is obtained through literature study and analysis of legal documents. The results show that the dismissal of regional heads can strengthen the unity of the state by ensuring that national policies are consistently implemented. However, the mechanism must pay attention to democratic principles, including fair legal process, transparency, and accountability. This study concludes that the dismissal of regional heads who do not implement national strategic programs can be justified to maintain the unity of the country, provided that it is in accordance with democratic principles. Recommendations include improving mechanisms for monitoring and evaluating the implementation of national strategic programs and increasing dialogue between the central and local governments.]]>
<![CDATA[State of Emergency: Measuring Constitutional Court Oversight ]]>
<![CDATA[Fitriyani, Desi]]>;
<![CDATA[Ayuni, Qurrata]]>
<![CDATA[ Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 15 No. 1 (2025): April ]]>
Publisher : <![CDATA[Department of Constitutional Law, Faculty Sharia and Law, UIN Sunan Ampel Surabaya ]]>
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DOI: 10.15642/ad.2025.15.1.1-29
<![CDATA[A state of emergency is an inevitable circumstance that has arisen in several regions of the world, including Indonesia. In these circumstances, there is widespread abuse of authority manifested by the excessive curtailment of rights and the violation of constitutional norms for declaring emergencies. Thus, it is necessary to have oversight from other state institutions to provide adequate checks and balances. This research aims to measure the supervision of the Indonesian Constitutional Court during a state of emergency. Normative legal research is a type of research that uses a conceptual approach, a case approach, and a comparative country approach. Through the analysis of decisions, cases, and elaboration with the principles of State Emergency Law, this paper finds that of the 3 (three) aspects of judicial supervision during a state of emergency, the aspect of supervision in the form of testing the declaration of a state of emergency is an aspect that is not owned by the Indonesian judiciary. Whereas this aspect is important, the declaration of a state of emergency issued by the President is unconstitutional.]]>
<![CDATA[The Politics of Disability Law in Indonesia: Transformation to Strengthen the Rights of Persons with Disabilities ]]>
<![CDATA[Akhmad Kamil Rizani]]>;
<![CDATA[Kharlie, Ahmad Tholabi]]>;
<![CDATA[Pelu, Ibnu Elmi Acmad Slamat]]>;
<![CDATA[Tarantang, Jefry]]>;
<![CDATA[Muchimah]]>;
<![CDATA[Farhana, Nyimas Tasya]]>
<![CDATA[ Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 14 No. 2 (2024): October ]]>
Publisher : <![CDATA[Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya ]]>
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DOI: 10.15642/ad.2024.14.2.246-280
<![CDATA[This article discusses the legal politics of legal transformation for persons with disabilities in Indonesia. The Indonesian nation has always recognized and guaranteed respect for human dignity, including persons with disabilities. This can be seen in Law No. 4 of 1997 on Persons with Disabilities, which explains the government's efforts to protect the rights of persons with disabilities by focusing on rehabilitation, providing social assistance, and maintaining social welfare. However, the text content in the law still adheres to a charity-based paradigm, so it has not been able to handle and ensure equal opportunities for persons with disabilities. The method used in this research is normative juridical with primary legal materials Law No. 19 of 2011 concerning the Ratification of the Convention on the Rights of Persons with Disabilities and Law No. 8 of 2016 concerning Persons with Disabilities through a legislative and historical approach. The results of this study show that the legal politics of the formation of Law No. 8 of 2016 on Persons with Disabilities shows the realization of participatory democracy. The transformation of the law changes the paradigm from charity-based to human rights-based, which better guarantees the protection, promotion, and enforcement of the rights of persons with disabilities. Public education on the rights of persons with disabilities, the development of disability-friendly infrastructure, and increased participation of persons with disabilities in decision-making are important for implementation.]]>
<![CDATA[Institutionalizing the Concept of Legal Pluralism as an Effort to Realize Substantive Justice ]]>
<![CDATA[Al Haq, Syaif]]>;
<![CDATA[Pratama, Aditya Andel]]>;
<![CDATA[Rozaan, Zaim]]>;
<![CDATA[Sadiq, Muh. Fajar]]>;
<![CDATA[Rukmini, Neng Vivie Nurfauziah]]>
<![CDATA[ Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 14 No. 2 (2024): October ]]>
Publisher : <![CDATA[Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya ]]>
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<![CDATA[The concept of legal pluralism is a solution to the problem of diversity in a pluralistic country. Interestingly, although Indonesia recognizes diversity as the philosophical foundation of the life of the nation and state, the concept of legal pluralism has not been fully institutionalized. This article will explain, analyze, and explore the discourse of legal pluralism and substantive justice and explain the concept of institutionalizing legal pluralism in Indonesia as an effort to realize substantive justice for all Indonesian people. This research is a normative juridical research with conceptual, legislative, historical, and analytical approaches. The data of this research is literature data in the form of primary legal materials and secondary legal materials. The collection of legal materials is done through literature studies and analyzed using a qualitative approach with description and analysis techniques. The results show that legal pluralism not only allows recognition of the diversity of existing laws, but also has the potential to overcome the shortcomings of formal legal systems that tend to be homogeneous and less responsive to local contexts. The recommendation is for policy makers to reform the legal structure, legal substance, and legal culture that support the coexistence and interaction between various legal systems, so that substantive justice can be achieved through a more contextual and adaptive approach. The impact of institutionalizing legal pluralism is the realization of a strong legal pluralism system, a plural legal society, and substantive social justice for all Indonesian people.]]>
<![CDATA[The Interconnection of Islamic Law and Human Rights: A Comparative Analysis of Imam Ghazali and Bertrand Russell ]]>
<![CDATA[Agus Setiawan, Muhammad]]>;
<![CDATA[Haseena Armina, Sheema]]>;
<![CDATA[Hadi Untung, Syamsul]]>
<![CDATA[ Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 14 No. 2 (2024): October ]]>
Publisher : <![CDATA[Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya ]]>
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DOI: 10.15642/ad.2024.14.2.246-271
<![CDATA[The relationship between Islamic law and human rights is a complex and controversial topic. Imam Ghazali, a prominent Muslim scholar, put forward the concept of Hifdz Nafs, which emphasizes the importance of protecting the human soul (Hifdz Nafs). Meanwhile, Bertrand Russell, a Western philosopher, espoused a humanistic philosophy that prioritizes the dignity and rights of individuals. This research aims to analyze and compare Imam Ghazali's views on Hifdz Nafs with Bertrand Russell's humanistic philosophy. By comparing these two perspectives, this research hopes to find fundamental similarities and differences that can enrich discussions on Islamic law and human rights. This research uses a qualitative method with a comparative approach. Data was collected through a literature study of the works of Imam Ghazali and Bertrand Russell, as well as relevant academic research. The analysis was conducted by comparing the main concepts of the two figures, as well as reviewing their historical and philosophical contexts. The results show that despite significant differences in their theological and philosophical foundations, both Imam Ghazali and Bertrand Russell recognize the importance of human protection and dignity. Imam Ghazali emphasizes the importance of the safety of the soul as part of maqashid al-shariah, while Russell emphasizes individual rights as the core of humanistic philosophy. This research provides new insights into how Islamic law and Western philosophy can dialogue and interconnect in an effort to strengthen the protection of human rights. It is hoped that the results of this research will provide a basis for further discussion and the development of more inclusive policies.]]>
<![CDATA[Fiqh of International Relations in the Era of Nation State in the Perspective of the Council of Indonesian Ulama ]]>
<![CDATA[Firdaus, Robitul]]>;
<![CDATA[Muhyiddin]]>
<![CDATA[ Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 15 No. 1 (2025): April ]]>
Publisher : <![CDATA[Department of Constitutional Law, Faculty Sharia and Law, UIN Sunan Ampel Surabaya ]]>
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DOI: 10.15642/ad.2025.15.1.30-51
<![CDATA[This article aims to analyze the decision of the Indonesian Ulama Council concerning the principles of international relations stipulated in the 8th Ijtima' Ulama forum in 2024. The study has three primary focuses: to scrutinize the socio-political context as the background of the MUI's decision, to examine its arguments and methodology, and to investigate the social responses to the MUI's decision. A descriptive analytical approach is used to describe and understand a phenomenon that occurs, involving causes and effects. As the findings, the study reveals that the emergence of this MUI decision responded to the Palestine-Israel conflict escalation at the end of 2023, which caused diverse policies of Muslim countries in the world. Previously, the MUI also issued a fatwa on supporting the struggle of Palestine. To support its argument, the MUI cited a series of arguments which still generally apply the qauly or textual approach. These arguments are written without adequate explanation regarding their context from istidlal or instinbath approach. Apart from that, there are debates among the public regarding the idea of boycotting pro-Israel products. The government tends to be neutral concerning the boycott campaign, while it supports the essence of the fatwa and the MUI decision to support the struggle of Palestine. This result suggests that the MUI should improve its fatwa writing design to avoid misinterpretation. Likewise, the study might have practical implications for the government to deal with such MUI’s religious thoughts. ]]>
<![CDATA[The Role of Corporate Social Responsibility (CSR) in Mining Company Disputes Based on Limited Liability Company Law and Mineral and Coal Mining Law ]]>
<![CDATA[Hutrin Kamil]]>;
<![CDATA[Moh. Faizur Rohman]]>
<![CDATA[ Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 14 No. 2 (2024): October ]]>
Publisher : <![CDATA[Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya ]]>
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DOI: 10.15642/ad.2024.14.2.309-337
<![CDATA[A company's commitment to act morally, conduct business legally, and improve the lives of local communities and society at large is known as corporate social responsibility (CSR). In the mining industry itself, the implementation of CSR is an interesting issue. The basic concept of CSR is very clear: the importance of the social attitude of mining companies towards local communities around mining sites. Conflicts or disputes in the mining industry can have an impact on how well mining companies implement their CSR programs. This research aims to examine the role of CSR in mining company disputes based on applicable law, namely the Limited Liability Company Law and the Mineral and Coal Mining Law, as well as other related legal regulations, in order to encourage companies, especially mining companies to comply with the implementation of CSR in order to avoid mining conflicts/disputes. This research uses a normative juridical method with a statutory approach. This research will explain, review, and assess the laws and regulations related to CSR issues using this methodology and approach. CSR can play a role in preventing and resolving company disputes, including those of mining companies. If a dispute occurs, the provision and implementation of CSR programs can be a bridge solution in resolving mining disputes with the Limited Liability Company Law and the Mineral and Coal Mining Law as the main references.]]>
