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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 6 No 2 (2023)" : 7 Documents clear
THE INDEPENDENT STATE COMMISSION IN INDONESIA: A COMPARATIVE REVIEW OF ITS INSTITUTIONAL ASPECTS Ramadani, Rizki; Arifin, Muhammad Ya'rif
Jurnal Al-Dustur Vol 6 No 2 (2023)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v6i2.4942

Abstract

The establishment of the Independent State Commission and other non-structural institutions was one of the alterations in the structure of the Indonesian constitution during the transition era and after the 1945 Constitution was amended. It is not uncommon for these Commissions to face criticism and controversy due to their autonomous authority and independence from the major branches of power. The objective of this research is to examine and describe the primary traits of such an institution in order for it to be recognized as an Independent State Commission by comparing it to the concept and best practices in the United States. As well as to justify the legitimacy of its position within the Indonesian constitutional framework. As a doctrinal legal research, this study uses a conceptual and legal comparative approach to secondary data presented in a descriptive-analytical manner. The findings revealed that the independent State Commission's two key characteristics were its independence from the executive organs and its autonomous-regulatory power. In terms of legal position, the classical trias politica perspectives need be modified as the Independent State Commission is now viewed as a new branch of government under a new separation of powers framework.
LEGAL RECONSTRUCTION OF INHERITED RICE FIELD MANAGEMENT RIGHTS IN BONE, SOUTH SULAWESI Paikah, Nur; Fahri, Marjana
Jurnal Al-Dustur Vol 6 No 2 (2023)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v6i2.5141

Abstract

The existence of rights to the management of jointly inherited rice fields and the concept of legal reconstruction of the control of inherited rice fields is qualitative research; the approach used is social, legal research, data collection through interviews, observation, and documentation. Data analysis includes data reduction, data presentation, and conclusion drawing. The study results describe the management of jointly inherited rice fields using three systems: the individual inheritance system, the mayoral inheritance system, and the collective inheritance system, especially in the community where there is a habit of using the collaborative inheritance management system for rice fields. The management of the jointly inherited rice fields still exists where the rice fields are not sold only with an agreement that the inheritance will be received in turn with relatives and become a souvenir from the parents. Conflicts often arise because the collective inheritance system is carried out only verbally. Hence, there is a need for legal reconstruction to make a written agreement involving witnesses and the local government so that no party is harmed.
REFORMULATION OF REGIONAL REGULATIONS CONCERNING IMPLEMENTATION OF ISLAMIC BOARDING SCHOOLS IN PAREPARE CITY Hasim, Hasanuddin; Mutmainnah, Iin
Jurnal Al-Dustur Vol 6 No 2 (2023)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v6i2.5343

Abstract

The effectiveness level of Law Number 18 of 2019 concerning Islamic Boarding Schools has actually been implemented quite well, but in the other case there are still several Islamic boarding schools that have inadequate facilities and infrastructure, especially in the Parepare city. Due to the fact that Islamic boarding schools are independent institutions so that the small amount of funds allocated is unable to provide adequate facilities and infrastructure. One of the government's efforts to carry out the mandate of Law Number 18 of 2019 regarding Islamic Boarding Schools is by issuing Presidential Regulation Number 82 of 2021 concerning Funding for the Implementation of Islamic Boarding Schools, in article 4 letter E and article 23 paragraph (1) provide for establishing endowment funds as funding for organizing Islamic boarding schools to ensure the continuity of educational programs in Islamic boarding schools. However, despite this, to perfect and achieve the effectiveness level of Law Number 18 of 2019 concerning Islamic Boarding Schools, derivative regulations are still needed to further explain the facilities for organizing Islamic boarding schools and reformulate this Law through Regional Regulations (Perda).
DISCOURSE ON INTERFAITH HARMONY IN THE CONSTRUCTION OF MULTICULTURALISM POLITICS Haryanto, Wawan; Hasan, Hamsah
Jurnal Al-Dustur Vol 6 No 2 (2023)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v6i2.4465

Abstract

Building harmony among religious communities in a diverse nation requires sincere efforts, through multicultural politics. It can be understood that a diverse society can be integrated through the respect and acknowledgment of its diversity. This study is a qualitative descriptive research that focuses on literature review to explore relevant sources related to interfaith harmony through the lens of multicultural politics. Data are obtained from journals, books, and other research findings. In multicultural politics, policies supporting equal rights and protection for all groups are essential. Placing diversity as a positive force and avoiding discrimination will strengthen the foundation of an inclusive state. The key point of national awareness towards religious diversity is to create an environment where all citizens feel recognized, valued, and have equal opportunities. A positive attitude towards diversity not only reinforces national identity but also establishes a strong foundation for the development of a fair and inclusive society.From this research, it is hoped that the development of multicultural politics in creating an inclusive and harmonious environment for all religious communities in Indonesia can foster initiatives supporting interfaith harmony.
THE ACCURACY OF QIBLA DIRECTION OF CEMETERIES USING MODERN QIBLA TOOLS Jasmin, Suriah Pebriyani; Anas, Ashar; Sari, Muspita; Mangenre, Muh. Fadli; S., LD Dian Hidayat
Jurnal Al-Dustur Vol 6 No 2 (2023)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v6i2.4800

Abstract

It is important to determine the Qibla direction accurately, because it is a requirement for the validity of prayer and this article discusses the Qibla direction of cemeteries, especially in Bone District, by taking direct measurement at the location of the cemetery. This is a field research which is oriented to several cemeteries in Bone District using qualitative descriptive analysis and multi-approaches, namely normative theological, sociological, historical, and modern technological approaches. The data collected through this research were obtained from direct observation at several public cemeteries in Bone District and documentation during the observation. The results show that the direction of the cemeteries at the research sites is different, so it can be concluded that the measurement of the Qibla direction at these locations still uses the classical method, such as following the direction where the sun sets in the evening and looking for clues through the stars at night to determine the Qibla direction, although those methods are still just an estimate due to the lack of public understanding of measuring the Qibla direction. From this research, the researchers hope that people will understand more about the Qibla direction, not only based on the place where the sun sets, but also determine the Qibla using astronomical tools, both manual and modern. In this way, the astronomical science will further develop and the issue of Qibla will no longer be a matter of debate, because it uses proper knowledge.
IMPLEMENTATION OF THE PRINCIPLE OF “KNOWING THE CUSTOMER” IN GRANTING HOME OWNERSHIP LOANS AT BANK BTN CABANG SURABAYA M.T.V.M., Sri Maharani; Laksono, Pambudi Tri
Jurnal Al-Dustur Vol 6 No 2 (2023)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v6i2.4188

Abstract

This research discusses the implementation of Know Your Customer Principles in granting home ownership loans at BTN Bank Surabaya Branch. This research uses a type of empirical juridical method that is data analysis and starting from primary data. Sources of data obtained through interviews with the Loan Officer / Consumer Lending Unit Staff at Bank BTN Cabang Surabaya, legislation, dictionaries, books that are still valid. Data collection methods using interviews and literature studies. The data analysis method uses a qualitative approach. The results and discussion of the research can be concluded that the implementation of the principle of knowing the customer in granting home ownership loans at Bank BTN Cabang Surabaya is basically in accordance with the basic provisions of Bank Indonesia Regulation 5/21 / PBI / 2003 on Amendments to Bank Indonesia Regulation 3 / PBI / 2001 concerning Implementation of the Know Your Customer Principle, but on the other hand there are still frequent defaults in granting home ownership loans caused by customers who was not trustworthy, based on data in 2018, 2019, 2020, 2021 and 2022 as many as 519 customers have defaulted. Thus, if defaults continue to occur in the health of the bank decreases and suffers losses, therefore things can be done with 2 (two) legal protections, namely preventive law and reprensive law. This settlement is carried out by non-litigation and litigation channels that seek to resolve problem loans so that the bank continues to run its business without being constrained and the bank can open its newest products.
AUTHORITY OF CLASS I PENITENTIARIES BANDAR LAMPUNG AS A PUBLIC SERVICE IN HANDLING GLOBAL PANDEMIC Gromiko, Alek; Baharudin, Baharudin; R, Rosita
Jurnal Al-Dustur Vol 6 No 2 (2023)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v6i2.3042

Abstract

Prisons are closed places with high occupancy rates and are very vulnerable to the spread of Global Pandemic, so a policy from the government is needed to prevent the spread of Global Pandemic in the prison environment..This study uses a normative juridical approach and an empirical juridical approach. Collecting data by field studies and literature studies. Data analysis was carried out in a qualitative juridical manner, namely the analysis was carried out descriptively. Research results discussImplementing prison authoritiesis a Class I prison policy in Bandar Lampung which applies visitation restrictions for inmates in the form of online visits via Whatsapp media based on the instructions of the Director General of Corrections Number: PAS-08.OT.02.02 of 2020 concerning Prevention, Handling, Control and Recovery of Corona Virus Disease (Global Pandemic) at the Correctional Technical Implementation Unit. The inhibiting factor consists of interference with the internet connection at the destination number. is a network problem that is used for online visitation services with the Correctional Database System and does not yet have a special network with the Correctional Database System and the current factor of facilities for video call services is still very lacking, because when conditions are crowded the queues of inmates to be able to use online visit services are sufficient long.

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