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Ma'adul Yaqien Makkarateng
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INDONESIA
Jurnal Al-Dustur
Published by Institut Agama Islam Negeri Bone
ISSN : 26225964     EISSN : 26866498     DOI : -
Core Subject : Humanities, Art, Social,
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Al-Dustur is a Scientific Journal published by Department of Constitutional Law in Postgraduate Program of the State Islamic Institute (IAIN) Bone as a media of publishing and sharing the results of research and the development of Politic and Islamic Law. This journal contains articles that have never been previously published in the form of articles from research or applied research. All submitted articles will go through "peer-review process" after fulfilling the requirements according to the article writing guidelines. The publication of this journal every six months, namely in June and December.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
 1 
Search results for , issue "Vol 3, No 2 (2020)" : 7 Documents clear
THE POLITICAL THOUGHT OF RASHIDUN CALIPHATE Wahyuniar WN; Nur Afifa
Jurnal Al-Dustur Vol 3, No 2 (2020)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v3i2.733

Abstract

This study examines the political thought of the era of khulafa' al-rasyidin. The aim is to explain the differences in political practices in each caliph reign after the death of the Prophet. Political practices have been carried out since the time of the Prophet Muhammad which is the Medina period, where the Prophet served as religious leader as well as head of state. During this time, the Prophet has many companions who were strong and smart in political affairs. After the death of the Prophet Muhammad the reign is successed by the sahabah or the companions. Historically, Muslims has four companions who are the successor to the Prophet, known as Khulafa' al-rasyidin. The political practice is adopted by Khulafa 'al-Rashidin has a standardized system, each caliph who rules implementing a different political system, following the conditions of the people that occurred at era. The four caliphs are appointed as leaders in different ways.
HIFDZUDDIN AND THE GUARANTEE OF FREEDOM OF INDIGENOUS BELIEF ON INDONESIAN IDENTITY CARD/KTP Syaifullahil Maslul
Jurnal Al-Dustur Vol 3, No 2 (2020)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v3i2.905

Abstract

Indigenous faith followers/believers receive discriminatory acts. This is as regulated in Article 61 paragraph (1), paragraph (2) and Article 64 paragraph (1), paragraph (5) of the Population Administration Law. In this regulation, for followers of belief, the religion column is not filled because it is not recognized by the state. The discriminatory treatment in the Population Administration Law is then submitted for a judicial review to the Constitutional Court. This writing questions the decision of the Constitutional Court Number 97 / PUU-XIV / 2016 from two aspects, Hifdzuddin and Guarantee of Freedom of Belief. This writing is writing normative law with a conceptual approach (conceptual approach) and a statutory approach. The result of this writing, the decision of the Constitutional Court Number 97 / PUU-XIV / 2016 is in accordance with the concept of hifdzuddin with respect for followers of other religions and beliefs. Besides that, this decision is also in accordance with the concept of guaranteeing freedom of belief in accordance with the 1945 Constitution. 
THEOSOPHICAL SOCIETY IN GLOBALIZATION PERSPECTIVE Fardana Khirzul Haq
Jurnal Al-Dustur Vol 3, No 2 (2020)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v3i2.893

Abstract

Modernistic globalization with empirical and rational methods has given its significant advancement to Western society. The advancement, however, eroded the spiritual values, especially Christianity, that for almost ten centuries championed the Europeans minds. Spiritualism or religions is regarded as ancient and have no value in the development of society. Blavatsky and Olcott felt that the rapid growth of modernistic globalization has to be equaled by spiritualism. Therefore, they founded an organization with goals to reestablish spiritual and traditional values that have been long lost from Western society. In order to challenge the modernistic globalization, Theosophical Society used spiritualistic globalization. The organization is quite successful and gains lots of followers from renowned people. Olcott, the first president, is an experienced media person. Newspapers and magazines are the two main components that brought the organization to its fame.
ULIL AMRI AUTHORITY ON LIMITATION OF CONGREGATIONAL WORSHIPS IN THE PANDEMIC OF COVID-19 IN PERSPECTIVE OF FIQH SIYASAH Mustafa MH.
Jurnal Al-Dustur Vol 3, No 2 (2020)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v3i2.899

Abstract

ABSTRACTThis article discusses the issue of limiting worship of Muslims in Indonesia, during the COVID-19 pandemic, which is regulated by Ulil Amri in Indonesia, namely the Government and Majelis Ulama Indonesia. In the regulation of restrictions on worship, it is not implemented as it should. There is a group of Muslim communities, which do not comply with the policy. This article is a literature study with a qualitative approach. The data in this study were produced from literature processing from various views of fuqaha, which is viewed from the perspective of fiqh siyasah. The results of the study concluded that Ulil Amri has full authority on social and ijtihadi (furu) issues, but not on the subject matter (ushul) of religion because it is the authority of Allah SWT as al-Shari '(maker of the Shari'a). Included in the Ulil Amri authority is issuing policies in preventing and overcoming the spread of the coronavirus in Indonesia, by implementing a policy of limiting worship, based on the fatwa from Majelis Ulama Indonesia, and with regulations issued officially by the Government.Keywords: COVID-19; Ulil Amri Authority; Worship Restrictions, Islamic Law
THE EFFECTIVENESS OF CRIMINAL LAW POLICIES ON RELIGIOUS ABUSE AND BLASPHEMY CRIMES Yudhi Achmad Bashori
Jurnal Al-Dustur Vol 3, No 2 (2020)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v3i2.898

Abstract

ABSTRACTCriminal law policy is one of the instruments of the rule of law - specifically Indonesia - to realize security and order in the lives of every citizen. One of the crimes that often trigger conflicts between the communities is acts related to religion. This is because anthropologically, Indonesian communitiesare known as religious communities. So that if there is an "offended religious" as a consequence of someone's action, it often leads to mass actions. This article focuses on 2 formulations; they are: how is the criminal law policy on religious abuse and blasphemy in Indonesia? How is the effectiveness of criminal law policy on religious abuse and blasphemy in Indonesia?Methodologically, this article uses a qualitative method that will compare existing law policies with Soerjono Soekanto's theory about factors that influence law enforcement. The data source is taken from several applicable laws, news media, and a descriptive analysis of the author.In conclusion, the government has issued a law policy in the form of ratification of Law no. 1 PNPS of 1965 concerning the Prevention ofReligious Abuse and or Blasphemy. At the same time, the effectiveness of criminal law policies against Religious Abuse and Blasphemy (PPA) criminal acts is considered very useful. However, there are deficiencies in the law awareness factor among the community, which in the practice of law enforcement often results in acts of anarchism that violate other legal instruments.
SYATIIMAH (SWEAR WORDS) AMONG YOUNG LEARNERS: A CASE STUDY OF SMA NEGERI 1 MAKASSAR M. Syaiful; Armien Harry Zainuddin
Jurnal Al-Dustur Vol 3, No 2 (2020)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v3i2.856

Abstract

As the student of SMA Negeri 1 Makassar though of swear words, they truly realized that it is prohibited to express, in certain time and condition. In other cases, they as the student oftentimes express it in their daily conversation. The researcher isinterested indiscussingthe utterances which contain swear words on the student of SMA Negeri 1 Makassar as one ofspeech communityin Makassar. This research aims todetermine the category and to find outthe intended meaningof the swear words they express.The researcherusesthe descriptive qualitative method to describe the mentionedscope of the problem abovebecause this research has the primary data in the form of utterances that contains swear words which provides rich description about its meaning and category.The approach of this research uses pragmaticsfor the analysis of the context and SPEAKING factors to assist pragmatics in describing the context and find the intended meaning.As the results, the researcher found that the categories of expressed swearing words in this research are 1. One’s Mother in Law (Sundala; Bitch); 2. Certain Game or Animal (Tolo; Bangsat; Goblok/Geblek; Anjing/Anjay/Anjir; Damn; Asu); 3. Sex/Copulative Term (Fuck); 4. Death (Setan); and 5. Excretion (Tai; Telaso; Shit).The intended meaning of swearing words which expressed by the student of SMA Negeri 1 Makassar is mostly based on its connotative meaning, as the expression of startled and anger. Thus, the intended meaning of the expressions are as the normal response of what is being happened, for casual conversation.
IKTINAAZ AN-NUQUUD - AHKAAMUHU WA AATSAARUHU WA SUBUL MU'ALAJATIHI ( Dirasah Muqaranah bi al-Iqtishad al-Islamy) Muhammad Roshdi Ibrahim Mas'ud
Jurnal Al-Dustur Vol 3, No 2 (2020)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/jad.v3i2.890

Abstract

Wealth is one of the greatest blessings that God has bestowed on man, with which the connection between peoples has increased, and many things have been accomplished, for it is truly the engine of the economy, has increased its speed, and has reduced a lot of time in matters that were done through trade-offs. People must not deviate from the money from what it was created for, and take it as a tool of hoarding, as this is contrary to its purpose, but given that some people may deviate from grace, then take the criticism as a destination after it was a means, which results in a lot of harm, so the ruling of the street comes in a way that violates everything that contradicts Therefore, preventing Islam from Iktinaz (hoarding wealth by not paying zakat on it) is not just an occasional phenomenon in Islamic law, but rather it expresses one of the serious differences between Islamic doctrine and capitalist doctrine, and reflects the way in which Islam was able to get rid of the problems of capitalism, resulting from the poor capitalist role of using criticism, which It leads to the most dangerous complications, threatens the movement of production and constantly rocks capitalist society.

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