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Sumatera utara
INDONESIA
AS-SÂIS (JURNAL HUKUM TATA NEGARA ISLAM/SIYASAH)
Published by Universitas Islam Negeri Sumatera Utara
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 59 Documents
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FUNDAMENTALS OF AGREEMENTS AND PEACE ACCORDING TO THE PERSPECTIVE OF FIQH SIYASAH RULES Riyandi, Ahmad Febri; Abdullah Ulil Albab, Muhammad Maulana; Zamroni, Muhamad
AS-SAIS (JURNAL HUKUM TATA NEGARA/SIYASAH) Vol 9, No 2 (2025): AS-SAIS : Jurnal Hukum Tata Negara / Siyasah
Publisher : Hukum tata Negara/Siyasah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/as-sais.v9i2.20506

Abstract

The rules of fiqh are very important guidelines for Muslims to solve a legal problem faced daily. Without these guidelines, Muslims cannot limit the permissibility or impermissibility of doing something, nor can they determine which action is preferable to doing or leaving. Muslims are bound by the rules and values they espouse, which are based on their religious teachings and good customs, when they act or behave. As for this research, the author has a goal so that readers know comprehensively related to existing problems and can solve these problems without contradicting according to the existing foundation. This research method uses the Literature Review Method which compiles the problems of a topic systematically, this research discusses problems related to the elements of the agreement and peace and the basis for resolving these matters, so that they are in accordance with existing laws, especially Fiqhiyah law, in this study the author also hopes that readers can broadly understand in carrying out the mathematics of the agreement or matters relating to peace.Keywords: Systematic, Method, Law, Treaty
INDONESIAN CONSTITUTIONAL LAW, THE CONSTITUTION IN ISLAMIC LAW, AND CONSTITUTIONALISM Asasriwarni, Asasriwarni; Matondang, Ikhwan; Ali, Azizah
AS-SAIS (JURNAL HUKUM TATA NEGARA/SIYASAH) Vol 9, No 2 (2025): AS-SAIS : Jurnal Hukum Tata Negara / Siyasah
Publisher : Hukum tata Negara/Siyasah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/as-sais.v9i2.19083

Abstract

In governing the state, government, and society through legal norms in the Republic of Indonesia, Pancasila is a fundamental norm. The 1945 Constitution of the Republic of Indonesia has undergone four stages of change throughout history, namely the 1945 Constitution, the process of constitutional change in Indonesia's history, and several instances where political forces have been used to interpret it. Both work together to create a good governance system that benefits all citizens. Therefore, a grand design must be formulated to ensure that legislation has a clear direction and accelerates the realization of a welfare state. Policies determine the legal rules that should apply in various aspects of social and state life. The research objective is to understand the existence of law and power to regulate life as the foundational principle of the state. The method used is a normative research approach through a historical perspective, employing library research. Indonesia is not a country that fully adheres to Islamic law, but it is a legal state where all policies, whether currently in effect or future, are based on law. The abundance of positive law influenced by Islamic law is partly due to Indonesia having the largest Muslim population in the world.
STATE POWER FROM THE PERSPECTIVE OF CONTEMPORARY POLITICAL FIQH Abdillah, Masykuri
AS-SAIS (JURNAL HUKUM TATA NEGARA/SIYASAH) Vol 9, No 2 (2025): AS-SAIS : Jurnal Hukum Tata Negara / Siyasah
Publisher : Hukum tata Negara/Siyasah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/as-sais.v9i2.20035

Abstract

Abstract:This article discusses authorities and powers in the state from the perspective of contemporary Islamic jurisprudence, with an emphasis on the concept of tris politica, namely judicial power, executive power, and judicial power. The sources of data or information in this discussion are the Al-Quran, Hadith, and the opinions of ulama, which are analyzed using the usul al-fiqh method with an emphasis on maqâsid al-sharî’ah (the objective of shariah). These three types of authority have been mentioned in the Al-Quran and Hadith, although it is not stated explicitly whether they are integrated, separate, or distributed. In the current context, distribution or separation of power is very significant to create checks and balances and to avoid an authoritarian political system. Most ulamas and Muslim intellectuals currently support the existence of a legislative body by revitalizing the practice of deliberation (al-shûrâ) which was in the past time developed into the ahl hall wa al-‘aqd institution. The executive body in an Islamic state consists of officials whose job is to carry out public affairs based on Islamic law. Executive leadership selection should ideally be carried out through direct election by the people or by parliament as the people’s representative institution. Meanwhile, the judicial body was built to uphold justice and eliminate injustice committed by the government or citizens. Judicial power together with executive and legislative powers that are consistently practiced are the pillars of a shûrâ or democratic system that is capable of achieving full justice for all without discrimination.Keywords: caliph, ahl hall wa al-‘aqd, legislative power, executive power, judicial power.
IMPLEMENTATION OF THE FAMILY HOPE PROGRAM PERMENSOS 1/2018 AL-MAWARDI'S PERSPECTIVE TANJUNG TIRAM SUBDISTRICT Azhari, Imam; Pulungan, Sahmiar; BB, Putri Eka Ramadhani
AS-SAIS (JURNAL HUKUM TATA NEGARA/SIYASAH) Vol 9, No 2 (2025): AS-SAIS : Jurnal Hukum Tata Negara / Siyasah
Publisher : Hukum tata Negara/Siyasah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/as-sais.v9i2.8972

Abstract

This research is a field study conducted in Tanjung Tiram sub-district, Batu Bara Regency. The research question in this study is how the implementation of Permensos No. 1 of 2018 concerning the Family Hope Program in Tanjung Tiram sub-district, Batu Bara Regency, what are the obstacles or challenges faced in the implementation process of Permensos No. 1 of 2018 concerning the Family Hope Program, how is the implementation of Permensos No. 1 of 2018 on the Family Hope Program is reviewed from the perspective of Imam al-Mawardi. In this study, the author identified the beneficiaries of the Family Hope Program as the research sample. In collecting data, the author used the following methods: observation, interviews, and documentation. The results of this study indicate that the reality of the implementation of the Family Hope Program in Tanjung Tiram District, Batu Bara Regency, is still inadequate. The Family Hope Program (PKH) facilitators in Tanjung Tiram District claim that the families receiving social assistance are the right targets and have never experienced any obstacles. However, after conducting interviews, researchers found that there were still many beneficiaries from the upper-middle class. This was because Penaping still did not pay enough attention to the coordination of the latest population census, activity planning, and the accuracy of services related to the Family Hope Program. From Imam Al-Mawardi's perspective, the implementation of the Family Hope Program in Tanjung Tiram Subdistrict is still far from successful. According to Imam Al-Mawardi, this is related to two institutions that play a role and are responsible, namely the wizarah and wazir. Therefore, the implementation of the Family Hope Program in Tanjung Tiram Subdistrict has not been fully carried out effectively because each institutional structure has not fully understood their roles and functions, and there is a lack of coordination between the wizarah Tanfidzh (the highest-ranking minister) and the wazir (as the implementing body under them), resulting in the program not being implemented to its full potential.Keywords: Implementation, Family Hope Program
IMPLEMENTATION OF TANJUNGBALAI REGIONAL REGULATION NO. 1/2015 ON QURAN LITERACY FOR MUSLIM STUDENTS FROM THE PERSPECTIVE OF FIQH SIYASAH putra, Ilhamsyah; syam, syafruddin; Irwansyah, Irwansyah
AS-SAIS (JURNAL HUKUM TATA NEGARA/SIYASAH) Vol 9, No 2 (2025): AS-SAIS : Jurnal Hukum Tata Negara / Siyasah
Publisher : Hukum tata Negara/Siyasah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/as-sais.v9i2.8971

Abstract

This study aims to examine whether Regional Regulation No. 1 of 2015 has been fully implemented. The questions asked include how the policy requiring Muslim students in elementary, junior high, and high schools to read and write the Qur'an is implemented and how the policy is evaluated from the perspective of fiqh siyasah. This study uses field research as its methodology. The results show that although the Regional House of Representatives approved the regulation in 2015, its implementation is still partial. Some schools are unaware of it, while others are aware but have not implemented it consistently due to scheduling conflicts. In the wider community, implementation also varies, with some schools aware of it and others not, possibly due to inconsistencies in government outreach.Keywords: Implementation, Local Regulations, Al-Qur'an Literacy, Fiqh Siyasah, Islamic Education, Tanjung Balai City.
TÜRKIYE BETWEEN PAST AND FUTURE: HISTORICAL ANALYSIS OF THE TRANSITION OF GOVERNMENT SYSTEMS Safni, Pela; Hidayat, Ajat; Aziz, Ahmad; Erman, Erman; Hasnah, Radhiatul
AS-SAIS (JURNAL HUKUM TATA NEGARA/SIYASAH) Vol 9, No 2 (2025): AS-SAIS : Jurnal Hukum Tata Negara / Siyasah
Publisher : Hukum tata Negara/Siyasah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/as-sais.v9i2.18639

Abstract

This research examines Türkiye, between the past and the present. Muslims experienced their second peak of glory when three great empires came to power, namely the Ottoman, Safavid, and Mughal (India) empires. The emergence of Islam in world history holds a number of unique things and wonders. However, after reaching its peak point during the time of Sultan Sulaiman Al Qanuni (1520-1566 M), the Ottoman Empire began to experience decline, weakened, and retreated towards its nadir until it met its moment of destruction. Throughout history, Türkiye was the first Islamic country to embrace a secular concept. The collapse of Ottoman Turkey and the development of modernization finally made Turkey maneuver into a secular state under the control of Mustafa Kemal Atatürk. He believes that only with a secular concept can Turkey rise and become a developed country like the West. However, these secularization efforts appear more as a form of coercion from the regime government, rather than secularization which is developing as a consequence of the modernization process as is happening in European countries. Therefore, genealogically, this article examines Turkey's conditions between the past and the present. The research method used is a historical research method that goes through four stages which include; heuristics (data collection), source criticism (examination of sources), interpretation (interpreting and analyzing sources), and historiography (writing history). This research is included in qualitative descriptive research using data from various secondary sources obtained from books, articles, and magazines which are of course relevant to this research. Türkiye; Now ; Past; Government System. Keyword: Türkiye; Now ; Past; Government System.
LAND CERTIFICATION REQUIREMENTS FOR WAQF BASED ON LAW NUMBER 41 OF 2004 CONCERNING WAQF Lubis, Syaddan Dintara
AS-SAIS (JURNAL HUKUM TATA NEGARA/SIYASAH) Vol 9, No 2 (2025): AS-SAIS : Jurnal Hukum Tata Negara / Siyasah
Publisher : Hukum tata Negara/Siyasah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/as-sais.v9i2.8913

Abstract

This research focuses on how laws provide legal certainty for donated properties like privately-owned land. It also investigates the certification procedure of waqf land, from the initial waqf pledge deed to the issuance of a waqf ownership certificate, with attention to the responsible certifying authority. Waqf land without certification is prone to future issues due to uncertain legal status. Many waqf properties eventually fall into other hands because of this ambiguity. As a result, waqf land, intended to support communal welfare, cannot fulfill its economic purpose due to the lack of administrators’ understanding of certification. The objectives include analyzing the Indonesian Waqf Board’s role, identifying obstacles to certification, and tracking the increase in certified waqf land. This study is essential because unresolved legal status can trigger conflicts among donors, managers, or heirs.Keywords: Land Waqf Registration, Waqf Pledge Deed Making Official, Indonesian Waqf Board
LEGAL ANTHROPOLOGY: THEORETICAL STUDIES, SCOPE, AND DEVELOPMENT FROM A CULTURAL AND SOCIAL NORM PERSPECTIVE Yoga, Rizky
AS-SAIS (JURNAL HUKUM TATA NEGARA/SIYASAH) Vol 9, No 2 (2025): AS-SAIS : Jurnal Hukum Tata Negara / Siyasah
Publisher : Hukum tata Negara/Siyasah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/as-sais.v9i2.12123

Abstract

This article was written with the aim of imparting knowledge to readers and making it easier for those who have difficulty finding literature, representatives to facilitate the learning process, and therefore the learning objectives are well achieved. This article uses the literature review method by analyzing various information that is considered related to the discussion and problems that are the object of study. The results analyzed explain that through legal anthropology, material in the form of understanding, scope, and legal anthropology approaches that can be found and related to social institutions can be studied to advance knowledge about Islamic legal anthropology in the entire country community.Keywords: Anthropology of Islamic Law
FIQH SIYASAH REVIEW OF THE DUALISM OF THE BATAM ENTERPRISE AGENCY AND THE BATAM CITY GOVERNMENT BASED ON GOVERNMENT REGULATION NO. 46/2007 Afriantita, Selfia; Pulungan, Sahmiar; Lubis, Sofianty
AS-SAIS (JURNAL HUKUM TATA NEGARA/SIYASAH) Vol 9, No 2 (2025): AS-SAIS : Jurnal Hukum Tata Negara / Siyasah
Publisher : Hukum tata Negara/Siyasah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/as-sais.v9i2.8973

Abstract

A Fiqh Siyasah Review of the Dualistic System of Government Between the Batam Business Entity (Bp) and the Batam City Government Based on Government Regulation of the Republic of Indonesia Number 46 of 2007 concerning Free Trade and the Free Port of Batam, which discusses regional autonomy implemented in the city of Batam, has resulted in a dualism of authority between the Batam City Government (Pemkot Batam) and the Batam Business Entity (BP Batam). This dualism of authority has resulted in inconsistencies between Pemkot Batam and BP Batam in administering the city of Batam. All efforts by the government have been unable to resolve this issue, so the strategy being pursued is to make Batam a Special Economic Zone. The research method used in this thesis is juridical-normative, which is an approach based on primary legal materials by examining theories, concepts, legal principles, and Law No. 46 of 2007 concerning Free Trade and the Free Port of Batam. The research method used in this thesis is juridical-normative, a juridical-normative approach based on primary legal materials by examining theories, concepts, legal principles, and Law Number 46 of 2007 concerning Free Trade and the Free Port of Batam.Keywords: Dualism of Leadership, Batam Business Entity (BP), Batam City Government

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