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AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM

alimarah
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Published by Institut Agama Islam Negeri Bengkulu

ISSN : 25410067 EISSN : 2684799X DOI : -

Core Subject : Religion, Social,

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Jurnal A-Imarah: Fokus jurnal ini adalah upaya mengaktualkan pemahaman yang lebih baik tentang keilmuan politik Islam dan pemerintahan, baik lokal maupun internasional melalui publikasi artikel, laporan penelitian, dan ulasan buku.

Arjuna Subject : -

Articles 127 Documents

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PEMBERHENTIAN KEPALA DAERAH KARENA MELAKUKAN TINDAK PIDANA KORUPSI MENURUT UNDANG-UNDANG HUKUM ISLAM Wery Gusmansyah
AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 3, No 1 (2018): Vol 3, No 1 Tahun 2018: Januari
Publisher : Fakultas Syari'ah Universitas Islam Negeri Fatmawati Sukarno Bengkulu

Abstract: The process of dismissal according to the Act is without going through the proposal of the DPRD and being tried directly by the Corruption Court. When the file has been submitted to the court a temporary stop will be applied. After obtaining a permanent decision (inkracht), if proven to be innocent then no later than 30 days the Regional Head concerned will be reactivated. If proven guilty the President dismisses the Governor and / or Deputy Governor and the Minister dismissing the Regent and / or Deputy Regent and Mayor and / or Deputy Mayor. The case of corruption that is authorized to prosecute in Islamic law is the Mazhalim Court to decide on the case (verdict / verdict). Then the Amir was given 10 days after the ruling was issued to defend the charges. If the plea is rejected, then he is immediately dismissed if at least two-thirds of the members of Majelis al-Shura are present at the special session to carry out the dismissal. Furthermore, the authority to dismiss the Regional Head is the Caliph. In general, the mechanism of dismissal of Regional Heads has many differences but there are several aspects of equality such as the President / Caliph who has the authority to dismiss the Regional Head.Keywords: Dismissal, Regional Head, Corruption Crime, Islamic Law.

SYURA DAN DEMOKRASI BARAT: KRITIK DAN SOLUSI MENUJU DEMOKRASI ISLAM Toha Andiko
AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 2, No 2 (2017): Vol 2, No 2 Tahun 2017: Juli
Publisher : Fakultas Syari'ah Universitas Islam Negeri Fatmawati Sukarno Bengkulu

Western scholars require democracy to meet the elements of tolerance, consultation, elections, balance, evaluation, separation of powers and political participation. However, in practice democracy is often equated with the experience and political traditions of Western Europe and the United States. Western countries often adopt a double standard in the conduct of democracy, this is evident from their democratic attitudes while in the country, and not democratic outside of the country. Another example of the multiparty and parliamentary electoral systems that prevail in Britain and France is not universally accepted as a single model of democracy. The Islamic democracy sometimes identified with shura is not an end in itself, but a way to arrive at the noblest goal of applying the Islamic Shari’ah. The Islamic government is a mixture of presidential and parliamentary systems. It has four organs: the presidential institution, the ahl al-Hall wa al-’Aqd council, the shura council, and the judiciary. The first three institutions are the selected institutions, therefore are directly accountable to the people. Members of judicial institutions are appointed by the President, but the President has no constitutional right to intervene in their work. The judiciary is immune from any influence, unless its decision is against the Shari’a. Thus, shura is the backbone of the Islamic political system, as the process by which it is produced and generated decisions on binding public affairs.

TINJAUAN YURIDIS TERHADAP EKSISTENSI PENGATURAN MENGENAI LINGKUNGAN HIDUP DI DALAM UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 DAN KONSTITUSI REPUBLIK KELIMA PERANCIS David Aprizon Putra
AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 4, No 1 (2019): Vol 4, No 1 Tahun 2019: Januari
Publisher : Fakultas Syari'ah Universitas Islam Negeri Fatmawati Sukarno Bengkulu

Abstract: The loss of environmental interests in a battle that is clearly unbalanced is one proof that people, nations in this world still do not realize how very important and valuable it is to promote the existence of a living environment. The interests of the environment are the interests of life, not only human life but the life of all living things, the most important of course is that not only life today but life in the future. What will we inherit for the lives of our children and grandchildren later? Fighting that defeats the interests of the environment, not only occurs in the practical realm of the executive, but has also penetrated the legislative line which is certainly full of political content. A more in-depth study is needed regarding this matter; it is only natural that we see the clash between the environmental laws of one and the other environmental laws, not to mention the clash with the laws and regulations below and below them. Constitutional studies are considered very important in the current conditions, especially for Indonesia.Keywords: Environtmental Law; Constitution; Regulation

KEDUDUKAN PEMIMPIN PEREMPUAN DALAM PERSPEKTIF HUKUM ISLAM Widya Agesna
AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 3, No 1 (2018): Vol 3, No 1 Tahun 2018: Januari
Publisher : Fakultas Syari'ah Universitas Islam Negeri Fatmawati Sukarno Bengkulu

Abstracts: Attempts to discuss women's leaders in Islam are the courage to enter a region full of the dangers of excessive generalization, excessive simplification, and restrictions that are almost inevitable from Western bias. The first problem is only one of the unresolved problems. Most of these factors are directly related to Islam itself, such as current and past legal reality, roles that are permitted and carried out as a result of Muslim images of women and religious ceremonies and diverse Islamic practices , where Muslim women have traditionally participated. Other supporting elements to provide a complete picture of women in Islam such as education, political rights, professional employment opportunities, and the like, have little to do with religion, but are still influenced by it. The issue of female leaders in Islam has often been discussed before, but until now the problem has not been eroded completely. This is inseparable from the factors that led to differences of opinion among the scholars, community leaders even in the community itself.Keywords: Leader, Woman, Islamic Law

TINDAKAN KEBIRI BAGI PELAKU KEKERASAN SEKSUAL TERHADAP ANAK (Kajian Perspektif Hukum Islam dan Hukum Positif di Indonesia) Desy Maryani
AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 2, No 2 (2017): Vol 2, No 2 Tahun 2017: Juli
Publisher : Fakultas Syari'ah Universitas Islam Negeri Fatmawati Sukarno Bengkulu

The government needs to re-examine the provision of additional punishment that is considered a violation of human rights violated human rights and not in accordance with Islamic Shari'a. The results of the study show that (1) the punishment of the noble violates the Shari'a of Islam so it is forbidden with three reasons: a) Islamic shari'ah has unlawfully prohibited the human being, without any dissenting opinion (khilafiyah) among fuqaha, b) Islamic shariah has set penalties for pedophile who commit acts of immorality and rape according to the details of the facts of his deeds, so that it may not (haram) carry out any kind of punishment outside the provisions of Islamic Sharia, c) in the case of the method of using a chemical injection method, namely injected estrogen hormone, from the other side, because it resulted in castrated men having physical characteristics such as women. Yet Islam has forbidden men to resemble women or vice versa women resemble men. (2) In the regulation of legal policy for perpetrators of sexual violence against children is contained in the Criminal Code and the issuance of Law no. Law No. 23 of 2002, Law no. 35 of 2014 until the issuance of Law no. 1 Year 2016 on Child Protection

PARADIGMA POLITIK ISLAM: PROTOTIPE NEGARA MADINAH DAN PRINSIP-PRINSIP POLITIK KENEGARAAN Efrinaldi Efrinaldi
AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 2, No 2 (2017): Vol 2, No 2 Tahun 2017: Juli
Publisher : Fakultas Syari'ah Universitas Islam Negeri Fatmawati Sukarno Bengkulu

In the history of Islamic politics, the leadership of the Messenger of Allah in Medina, who is protecting heterogeneous citizens, is a proof of the exisitency of the state and government in Islam. The Leadership of the Apostles in Medina indicates the fulfillment of the nominal requirements as a state. In the Medina state he is recognized as the supreme leader, which means the holder of the legislative, executive and judicial powers. In practice, however, he delegated executive and judicial duties to his capable and capable companions. In essence, there are two references to the life of the state arranged in the Medina Charter, namely: 1) All followers of Islam is a people although they are different tribes; 2) The relationship between Muslim and non-Muslim communities is based on the principles of: (a) being good neighbors, (b) helping each other against common enemies, (c) defending persecuted, (d) advising each other, and (e) respecting freedom religion. The essential elements for the formation of the State of Medina, consisting of a region, namely Medina; people composed of Muslim and non-Muslim groups; the government is controlled by the Prophet and assisted by his companions; as well as sovereigns based on the written law (Medina Charter) within the community of Medina.

KEDUDUKAN KOMISI PEMBERANTASAN KORUPSI (KPK) DALAM STRUKTUR KETATANEGARAAN INDONESIA DITINJAU DARI HUKUM ISLAM Puspitasari, Yopa
AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 4, No 2 (2019): Vol 4, No 2 Tahun 2019
Publisher : Fakultas Syari'ah Institut Agama Islam Negeri (IAIN) Bengkulu

Abstract: The position of the Corruption Eradication Commission is currently a problem, because its authority is too broad and even exceeds the institutions regulated in the constitution. The Corruption Eradication Commission, is an institution regulated in Law Number 30 of 2002 concerning the Corruption Eradication Commission. In Islamic law itself the institution of the Corruption Eradication Commission is not regulated in a special institution such as in Indonesia, but there is an institution that is almost the same as the Corruption Eradication Commission, namely the Al-Mazalim Region. This research is juridical normati with the primary source is the Law on the Eradication of Corruption Crime and Books relating to the Al-Mazalim Region. The results of the study show that the issue of the position of the Corruption Eradication Commission is regulated in Law No. 30 of 2002, where the Corruption Eradication Commission according to the Act is an independent institution free from the influence of any power. Although the institution of the Corruption Eradication Commission was not the main institution regulated by the 1945 Constitution but the Commission which was regulated by Law, but its position was the same as the institutions stipulated in the 1945 Constitution. `, and al-Hisbah region, namely resolving cases that cannot be resolved by the two judicial institutions, namely the problem of persecution carried out by the authorities, judges, or their families. In addition, the Al-Mazhalim Region is independent with no intervention by the Head of State or State Officials. Keywords: Corruption Eradication Commission; Independent; Al-Mazalim Region.

REFORMULASI SISTEM PERENCANAAN PEMBANGUNAN NASIONAL MODEL GARIS-GARIS BESAR HALUAN NEGARA Imam Mahdi
AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 2, No 1 (2017): Vol 2, No 1 Tahun 2017: Januari
Publisher : Fakultas Syari'ah Universitas Islam Negeri Fatmawati Sukarno Bengkulu

Abstract: Proconsidering of the need or not GBHN post amendment UUD NRI Year 1945 continue rolling especially when the MPRI in various opportunities to campaign need to reshape GBHN. This is due to several factors, among others: The constitution of Indonesia does not adhere to linear understanding, so that development must be planned through one state direction, that the name of legal products for the direction of the state of Indonesia has not been fixed and always changing. “In the era of President Soekarno’s government the outlines of the state’s bow were given the name of the Planning of the Universe. This means that in the beginning the name of the country’s bow is not GBHN. GBHN is just a naming option in the New Order government. In the reform era called the SPPN, “so since 1960 until now Indonesia actually already has the law for the state direction although the official name is always changing. Therefore, the question of whether the GBHN or the other is not a problem, but the constitutionally the State must have a fixed guideline or guidance to carry out its development.Keywords: GBHN, ontology planning, development and budgeting

INTERPRETASI MAHKAMAH KONSTITUSI TERHADAP PENGUJIAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG Hafidzi, Anwar; Sugesti, Panji
AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 4, No 2 (2019): Vol 4, No 2 Tahun 2019
Publisher : Fakultas Syari'ah Institut Agama Islam Negeri (IAIN) Bengkulu

Abstract: The Constitutional Court of the Republic of Indonesia has 4 (four) authorities and one obligation, as for those authorities, namely: (1) The Constitutional Court has the authority to adjudicate at the first and last level whose decisions are final to test the Law against the Constitution, (2) decide authority disputes of State Institutions whose authority is granted by the Constitution, (3) decide upon the dissolution of political parties, (4) and decide upon disputes about the results of general elections. The obligations, namely the Constitutional Court is obliged to give a decision on the opinion of the House of Representatives regarding the alleged violation by the President and / or Vice President. Beyond the specified authority, the Constitutional Court has increased its authority to test the Substitute Government Regulations. The research method used in this study is a type of normative legal research that is a literature study or documentary, by examining theories, concepts and legal principles. The results of this study found that there is indeed no rule that gives the Constitutional Court authority to test regulation in lie of law, but the Constitutional Court has the consideration that the legal norms contained in the Perppu are the same as the Law. The results of this study are that the interpretation used by constitutional justices to test Perppu is a teleological and sociological interpretation.Keywords: Interpretation; Test; PERPPU; Constitutional Court.

FUNGSI PARTAI POLITIK DALAM PENDIDIKAN POLITIK MENURUT UNDANG-UNDANG NOMOR 2 TAHUN 2011 DAN HUKUM ISLAM Gusmansyah, Wery
AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 4, No 2 (2019): Vol 4, No 2 Tahun 2019
Publisher : Fakultas Syari'ah Institut Agama Islam Negeri (IAIN) Bengkulu

Abstract: The form and function of political party in various countries are different from one each in accordance with the system of politics which is applied in the country was. One of the functions of party politics is educate in education politics to the public, will be but the fact that occur at the time of this study politics are carried out by party politics are conducted only on past campaigns ahead of the election, namely the education of voters in terms of elections and the vision of the mission of the parties, regard this indicates that the education politics are conducted directed tho choose the party. In Islam party called Hizbu wich aims for is to help a muslim as an individual in carrying out is obligations to God, amar ma?ruf and forbis the evil, and to realize the leadership for the people of Islam in the entire word. From here seen clearly that, in education must exist an educator who always give instructions, guiding steer, encourage and educate humans to the goodness. And even an educator has the obligation to amar ma?ruf and forbidding evil, which became the principial importance of the main points of religion.Keywords: political education; party; politics.

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