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PEMBERHENTIAN KEPALA DAERAH DALAM KETATANEGARAAN INDONESIA PERSPEKTIF SIYASAH DUSTURIYAH : Telaah Siyasah Syar’iyyah
Suciati, Nur Afifa;
Mustafa, Adriana
Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 5 No 1 (2024): SIYASATUNA
Publisher : Prodi Hukum Tata Negara (Siyasah Syariyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar
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The purpose of this study is to describe the causes of dismissal of regional heads in the Indonesian state administration. Knowing the mechanism of dismissal of regional heads in the Indonesian state administration. Knowing the dismissal of the regional head of the siyasa dusturiyah perspective. The study used qualitative methods with data sources in the form of primary data and secondary data. The results of this study are the causes of dismissal of regional heads in the Indonesian state administration are regulated in article 78 paragraph (2) that regional heads are dismissed for violating laws and regulations, for example committing disgraceful acts such as gambling, drunkenness, and adultery; does not carry out obligations; commit criminal acts such as corruption, collusion and nepotism; commit a crime that threatens the integrity of the country. The mechanism for dismissing regional heads is regulated in Law Number 23 of 2014 concerning Regional Government that if the Governor is dismissed, the DPRD will propose through the Minister to the President with the result of a decision from the Supreme Court. through the Governor as the central government to the Minister with the decision of the Supreme Court. Dismissal of regional heads in Islam has not been explained in detail the procedure for dismissal and in the Qur'an and hadith there is nothing to explain. However, according to Islamic thinkers, a leader can be dismissed if he violates the Shari'a, commits deviations, has organ defects, is completely insane, and loses his freedom.
KEWENANGAN PARALEGAL BERDASARKAN UU NO. 16 TAHUN 2011 TENTANG BANTUAN HUKUM DI PERHIMPUNAN BANTUAN HUKUM DAN HAK ASASI MANUSIA INDONESIA SULAWESI SELATAN (PERSPEKTIF HUKUM ISLAM)
mustakim;
Halimah;
Alimuddin
Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 5 No 1 (2024): SIYASATUNA
Publisher : Prodi Hukum Tata Negara (Siyasah Syariyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar
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The establishment of paralegal authority in providing legal aid based on Law no. 16 of 2011 concerning legal aid at the Indonesian legal aid and human rights association, South Sulawesi, the purpose of this study is to determine the authority of paralegals according to law no. 16 of 2011 and its implementation in providing legal assistance to the community. Because it is not uncommon for errors to be made when handling a case without appropriate legal provisions or there are regulations that are violated in handling a case, this type of research is a qualitative descriptive research field. This study was conducted to collect a number of data obtained from field informants to find various facts or social phenomena, all of which analyzed and attempted to theorize based on what was observed. The location of the research was carried out, the office of the law and human rights association in South-Sulawesi. In carrying out the authority in providing legal aid, the community can get assistance and ensure that a fair law is created in handling a case and there is no violation of the law in the case process that often occurs in the community.
IMPLEMENTASI PERMENKUMHAM NO. 6 TAHUN 2013 TENTANG TATA TERTIB LAPAS KELAS 1 MAKASSAR PERSPEKTIF SIYASAH SYAR’IYYAH
Takdir, Muh. Supri;
Darussalam
Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 5 No 1 (2024): SIYASATUNA
Publisher : Prodi Hukum Tata Negara (Siyasah Syariyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar
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This research the subject matter of how, the implementation of the Minister of Law and Human Rights Regulation No. 6 of 2013 concerning the Rules of the Class I Correctional Institution in Makassar from the siyasa syar'iyyah perspective. The objectives of this study are: To find out what violations occurred, the causal factors and how the Makassar Class 1 Penitentiary's efforts in carrying out the rules of conduct were viewed from the perspective of siyasah syar'iyyah. The main problems are: 1) What violations occurred in the implementation of the rules at the Makassar Class I Penitentiary?, 2) What factors caused the violation of the rules at the Makassar Class I Correctional Institution in terms of the Minister of Law and Human Rights Regulation No. 6 of 2013? and 3) What are the efforts of the Makassar Class 1 Penitentiary in implementing the rules of conduct from the perspective of Siyasah Syar'iyyah? This research is a field qualitative research using a syar'i normative approach and an empirical juridical approach. The results showed that: 1) Violations that occurred in the Makassar Class 1 Penitentiary in general were fights, the use of electronic devices such as cell phones and the use of sharp objects such as scissors, knives. 2) Factors causing the violation of the rules of conduct in Class 1 Makassar Prison, namely, inadequate facilities and infrastructure and lack of human resources (Lapas Officers). 3) The efforts implemented in the Makassar Class 1 Penitentiary, if correlated in the siyasah syar'iyyah concept, the researchers judged that they were in accordance with the concept of benefit/achievement of goals.
IMPLEMENTASI UUPPLH TERHADAP PERLINDUNGAN LINGKUNGAN HIDUP DALAM PERSPEKTIF SIYASAH SYAR’IYYAH: Studi Pada Pabrik Kelapa Sawit
Nurdin, Ina Adriana;
Suryadi
Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 5 No 1 (2024): SIYASATUNA
Publisher : Prodi Hukum Tata Negara (Siyasah Syariyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar
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Environmental protection is an effort made in order to preserve environmental functions and also prevent environmental damage. Based on this, the main problems that will be described in sub-problems are as follows: (1) How is the implementation of environmental protection after the ratification of the Job Creation Act? (2) How is the impact of palm oil mills on the environment in East Luwu? (3) What is the perspective of siyasah syar'iyyah on environmental protection?. This research is a field qualitative research using a syar'i normative approach and a statutory approach. The results showed that the implementation of environmental protection after the work creation law was ratified had been carried out well, namely by obtaining environmental permits accompanied by the management of Amdal documents and UKL-UPL letters that had been approved by the Central Government or Regional Governments and the latest with the approval of the community. local. Palm oil mills as one of the industries that play a very important role in the regional economy by opening up job opportunities and facilities that can be enjoyed by the local community apparently have an unfavorable impact on the health and comfort of the people living around the palm oil mill. So that the role of local governments is needed in maintaining the environment so that it remains sustainable.
PERLINDUNGAN HUKUM PEKERJA PEREMPUAN DALAM UU NO.13 TAHUN 2003 PERSPEKTIF SIYASAH SYAR'IYYAH: PERLINDUNGAN HUKUM PEKERJA PEREMPUAN UU NO. 13
Arafa, Nur Arafa P. Tadda
Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 5 No 1 (2024): SIYASATUNA
Publisher : Prodi Hukum Tata Negara (Siyasah Syariyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar
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The purpose of this study was to determine the from legal protection For women workers in law Number 13 of 2003 from the perspective of Siyasah Syar’iyyah, and to find out the implementation of legal protection for women workers in Law Number 13 of 2003 perspective Siyash Syar’iyyah. the main problem in this research is the legal Protection of womwn workers in Law Number 13 of 2003 prom the perspective Siyasah Syar’iyyah, and how the implementation of legal protection for women workers in Law Number 13 of 2003 from the perspective of Siyasa Syar’iyyah. This type of research is library research, which is a type of research centered on document studies. The result showed that the from of protection for women workers in Law Number 13 of 2003 covers menstrual protection, maternity dan maternity leave, protection of the right to breastfeeding opportunities, protection of the right not to be dismissed due to marriage, pregnancy and breasfeeding, and night work protection. Protection of women workers is carried out by the government, employers and workers. In the view of Siyasah Syariyyah, women are given protection from two sides, namely from the side of humanity and social rights, which also includes the protection specified in the applicable laws and regulations. Keywords: Legal protection; Woman: female Worker
TANGGUNG JAWAB PEMERINTAH DAERAH TERHADAP PEMELIHARAAN JALAN DI KABUPATEN ENREKANG (PRESPEKTIF SIYASAH SYAR’IYYAH)
Irwan, Rezky Amaliyah
Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 5 No 1 (2024): SIYASATUNA
Publisher : Prodi Hukum Tata Negara (Siyasah Syariyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar
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The subject of this research is how the responsibility of the local government towards road maintenance in Enrekang Regency (Prespekti Siyasah Syar'iyyah). The purpose of this study was to determine the role of local governments in the implementation of road maintenance, the factors that became obstacles for local governments in the implementation of road maintenance and how the siyasah syar'iyyah perspective on the responsibility of local governments for road maintenance in Enrekang Regency. This type of research is a field research using a syar'i normative approach and a normative juridical approach. This research was conducted by collecting data obtained from a number of informants and conducting observations to observe social phenomena related to the research. The results of this study indicate that the local government of Enrekang Regency has made various efforts in road maintenance by carrying out the planning, budgeting, and implementation stages accompanied by supervision, and maintenance in the form of routine, periodic road maintenance and road binding The inhibiting factors in road maintenance in Enrekang Regency are unsupported road locations such as inadequate land, lack of budget and lack of community participation. The local government in carrying out road maintenance as an obligation and authority has not been fully in accordance with the principles of Siyasah Syar'iyyah such as in terms of planning, budget allocation, and implementation and in carrying out the duties and responsibilities of the local government of Enrekang Regency it is still not fully fulfilled because there are still a lot of damage. roads, and the lack of complementary road facilities, both axis roads and regional roads in various areas in Enrekang Regency.
KEWENANGAN ANGGOTA DPRD DALAM PENGAWASAN TERHADAP PELAKSANAAN PEMBANGUNAN DAERAH DI KABUPATEN SINJAI PERSPEKTIF SIYASAH SYAR'IYYAH
Yaumil Khaeriyah;
Jafar, Usman;
Ishak, Nurfaika
Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 5 No 1 (2024): SIYASATUNA
Publisher : Prodi Hukum Tata Negara (Siyasah Syariyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar
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This study aims to determine the implementation of the supervision of DPRD members on the implementation of regional development in Sinjai Regency, the supporting and inhibiting factors of DPRD in supervising the implementation of regional development in Sinjai Regency, and the concept of DPRD in supervising the implementation of regional development in the Siyasah Syar'iyyah perspective. This research is a field research (Field Research) using a juridical and syar'i approach. The source of the data is primary data. The data were collected by conducting field research conducted in Sinjai Regency by means of observation, interviews, documentation and reference searches. Furthermore, data processing and analysis went through three stages, namely; data reduction, data presentation, and conclusion drawing. The results showed that: The implementation of supervision of DPRD members on the implementation of regional development in Kab. Sinjai is adjusted to Law Number 23 of 2014 concerning Regional Government. Supporting factors in the supervision of DPRD members include the existence of financial assistance from the central and district governments, being aware of the functions and responsibilities in accordance with the law, planning and conducting recesses while the inhibiting factors in supervising DPRD members include difficult-to-reach areas, human resources, and there are still many programs resulting from the musrenbang in the village that have not been accommodated until now. The concept of DPRD in carrying out supervision according to Siyasah Syar'iyyah must be based on the Qur'an and Hadith for the benefit of humans.
PERLUASAN KEWENANGAN MAHKAMAH KONSTITUSI DALAM MENANGANI CONSTITUTIONAL COMPLAINT PERSPEKTIF SIYASAH SYARIYYAH
Hamzah, Risnuansyah
Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 5 No 1 (2024): SIYASATUNA
Publisher : Prodi Hukum Tata Negara (Siyasah Syariyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar
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The rule of law that emphasizes that the constitution is the highest law of a country is known as the doctrine of constitutionalism. The connection with the Constitutional Complaint is a legal effort for citizens to file complaints to the Constitutional Court with the argument of fighting for the constitutional rights of citizens so that they are not injured by arbitrary actions by the government. This study aims to determine the urgency of expanding the authority of the Constitutional Court in dealing with Constitutional Complaints. This type of research is normative legal research. Sources of data in the form of primary and secondary data obtained through the analysis of various books, journals and laws and regulations that are correlated with the problems studied. The results of the study indicate that the urgency of adding and expanding the authority of the Constitutional Court to examine and adjudicate Constitutional Complaint cases is very important for Indonesian citizens as an effort to protect citizens' constitutional rights which have been mandated by the 1945 Constitution and laws and regulations. The idea of Constitutional Complaint in the perspective of Siyasah Syariyyah upholds the rights of the community with the existence of a madzalim court institution which is used as a forum to obtain justice and legal certainty over acts of arbitrariness by the government at that time.
PERAN DAN FUNGSI BADAN KEHORMATAN DALAM MENANGANI KASUS DUGAAN PELANGGARAN KODE ETIK ANGGOTA DPRD KAB. GOWA DALAM PERSPEKTIF SIYASAH SYAR’IYYAH
Taufiq Hidayah D;
Sastrawati, Nila
Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 5 No 1 (2024): SIYASATUNA
Publisher : Prodi Hukum Tata Negara (Siyasah Syariyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar
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Indonesia a state of law as stated in Article 1 Paragraph (3) of the Constitution. This affirmation becomes the basis for administration of government. The 1945 Constitution Article 1 Paragraph (3) states that the State of Indonesia a state of law as a basis for the exercise of state power to realize a clean, authoritative government, free from KKN, and the realization of checks and balances. The main problem in this study is the role and function of the honorary body in handling cases of alleged violations of the code of ethics of members of the DPRD Kab. Gowa in the perspective of siyasa syar'iyyah. This type of research is field research using qualitative methods with the research approach used is syar'i normative theology and social politics. Based on the results of this study indicate that in enforcing the code of ethics, the Honorary Board performs 2 ways, namely prevention and prosecution. Prevention is carried out by providing education for board members, in the form of socialization, training and or other means determined by the Honorary Board. Through the prevention system, it is hoped that DPRD members can understand and comply with the rules and code of ethics. Meanwhile, the prosecution was carried out by referring to the DPRD's rules and regulations, but since 2019-2022 the Honorary Body has never received reports of violations of the code of ethics by members of the DPRD.
PERLINDUNGAN HUKUM TERHADAP PRIVASI KONSUMEN E-COMMERCE DITINJAU MENURUT HUKUM POSITIF DAN SIYASAH SYAR'IYAH
Adriani, Dwi;
Maloko, Thahir;
Larissa, Dea
Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 5 No 1 (2024): SIYASATUNA
Publisher : Prodi Hukum Tata Negara (Siyasah Syariyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar
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E-Commerce is currently an electronic trading that is growing very fast. It is possible that crimes can also be committed by irresponsible individuals regarding consumer privacy data. The purpose of this study, to determine the form of legal protection of consumer privacy in e-commerce according to positive law. Knowing the siyasah syar’iyah probisions on consumer privacy in e-commerce. This research is a qualitative research using syariah normative theological approach and juridical approach. Sources of data used are primary data and secondary data. And the data collection method used by the researcher is the document technique (library study). Based on the results in this study, the ITE law and other positive laws and regulations that have provided clarity and protection to consumer privacy have regulated electronic trading regulations so that consumers no langer feel worried about privacy data held in transactions. Electronic commerce according to the siyasah syar’iyah provisions may be carried out as long as it does not conflict with Islamic law. Because according to siyasah syar’iyah, the government has the power to determine everything as long as it is in accordance with Islamic law, including the law on consumer privacy protection. So the two laws, both positive law and siyasah syar’iyah, have provided legal protection for consumer privacy in e-commerce transactions.