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Siyasatuna Jurnal Ilmiyah Mahasiswa Siyasah Syariyyah
Published by Universitas Islam Negeri Alauddin Makassar
ISSN : -     EISSN : 27160394     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Siyasatuna Jurnal Ilmiyah Mahasiswa Siyasah Syariyyah is a journal that publishes works with lecturers and students from the results of research carried out to complete an undergraduate thesis. Islamic Constitutional Law Islamic International Law Islamic law Islamic politics
Arjuna Subject : Ilmu Sosial - Hukum
Articles 299 Documents
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ANALISIS FIQH SIYASAH PERAN TOKOH MASYARAKAT DALAM PROSES PEMEKARAN DESA: (Studi di Desa Darubiah Kec. Bonto Bahari Kab. Bulukumba) Rappe, Ambo; Ishak, Nurfaika
Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 5 No 3 (2024): SIYASATUNA
Publisher : Prodi Hukum Tata Negara (Siyasah Syariyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar

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Abstract

This study aims to determine how the role of community leaders in village expansion in Darubiah Village, Kec. Bonto Bahari Kab. Bulukumba? What are the factors that influence the role of community leaders in the expansion of Darubiah village, Kec. Bonto Bahari Kab. Bulukumba? What is the view of siyasa fiqh about the role of community leaders? The main problem of this research is how to analyze the fiqh siyasah of the role of community leaders in the process of expanding the study village in Darubiah Village, Kec. Bonto Bahari Kab. Bulukumba. The type of research used is field qualitative, using a syar'i normative approach and a sociological approach. The results of this study indicate that,The role of community leaders in the process of village expansion has a role as a motivator, dynamist, who is able to provide moral encouragement, advice, advice, to carry out guidance so that community members participate in participating in village expansion in Darubiah Village, The factors that most influence the expansion of villages in Darubiah Village, Bonto Bahari District, Bulukumba Regency are geographical factors, administrative factors, political factors, development equity factors, economic factors, juridical factors, socio-cultural factors, and historical factors, In the Fiqh Siyasah perspective, so far community leaders have played a role and carried out their duties in village expansion according to Islamic law.
HUKUM TATA NEGARA DALAM KEADAAN DARURAT PENANGANAN COVID-19 PERSPEKTIF SIYASAH DUSTURIYAH : (Studi Kasus Pemerintah Kota Makassar) Amatullah; Kurniati; Rahman, Arif
Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 5 No 3 (2024): SIYASATUNA
Publisher : Prodi Hukum Tata Negara (Siyasah Syariyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar

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Abstract

The purpose of this study is to describe the implementation of policies in emergencies carried out by the government in terms of handling Covid-19 in Makassar City, the views of siyasa dusturiyah regarding constitutional law in emergencies in handling Covid-19. Regarding the abnormal (emergency) state of the country, appropriate actions can be based on ordinary law because the ordinary legal system cannot be applied as it should, to deal with the situation during the Covid-19 pandemic. This research is a field research using a Normative Syar'i approach and an Empirical juridical approach. Based on the results of this study, following the central government's stipulation regarding the Covid-19 pandemic emergency policy from several issued regulations such as Large-Scale Social Restrictions (PSBB), health quarantine and social assistance for the community, the Makassar City government implemented The policy stipulations are in accordance with central government policy regulations. In the siyasa dusturiyah perspective in implementing the functions and functions and authority of the state, the government in carrying out its duties as a state administration official is tasked with making a policy to realize the benefit of the community
KONSTITUSIONALITAS JABATAN WAKIL MENTERI PERSPEKTIF SIYASAH DUSTURIYAH Firmansyah; Samin, Sabri; Mustarin, Basyirah
Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 5 No 3 (2024): SIYASATUNA
Publisher : Prodi Hukum Tata Negara (Siyasah Syariyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar

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Abstract

The appointment of deputy ministers is the president's prerogative which aims to assist ministers in carrying out ministerial affairs in certain ministries. This study aims to find out how urgent the appointment of deputy ministers in Indonesia is and how the legitimacy of the appointment of deputy ministers is in the view of siyasa dusturiyah. The problem in this research is in Article 10 of law number 39 of 2008 concerning state ministries as the legality of appointing deputy ministers in the phrase "special handling" in the article does not explain clearly and in detail how special handling is meant, so this can be it has the potential to just divide up positions, because we know the position of deputy minister is a political position. This research is a library research with a juridical and normative syar'i approach. Sources of primary and secondary data are literature such as: the 1945 Constitution, decisions, the Koran, scientific works, legal academics, legal dictionaries, opinions, magazines. The results of this study are 1) The urgency of appointing deputy ministers by the president is to assist several ministers who have a greater workload in certain ministries. 2) The position of the deputy minister in the Indonesian constitution is as a body that assists the ministry, even though the position of deputy minister is not regulated in the 1945 Constitution does not mean it is prohibited, from a substance standpoint there is no constitutionality problem in this situation because of the general principle in law "something that is not commanded and not prohibited it may be done ". 3) The validity of the appointment of deputy ministers in the view of siyasa dusturiyah lies in the authority to appoint/give positions by the head of state or caliph who both have prerogative rights, and there are similarities in the criteria for requirements to become a deputy minister.
PERAN DAN FUNGSI KOMISI PENGAWAS PERSAINGAN USAHA (KPPU) KOTA MAKASSAR DALAM MENCIPTAKAN PERSAINGAN USAHA YANG SEHAT TINJAUAN SIYASAH SYAR’IYYAH Sukardi, Fikri Abdillah; Tenripadang, Andi; Syarif, Muh. Rasywan
Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 5 No 3 (2024): SIYASATUNA
Publisher : Prodi Hukum Tata Negara (Siyasah Syariyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar

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Abstract

KPPU is an independent institution, which in handling, deciding or conducting an investigation of a case cannot be influenced by any party, both the government and other parties who haveConflik of Interest, even though in carrying out its powers and duties it is responsible to the President. KPPU is also an institutionQuast Judiciary having executive authority in relation to business competition cases. Makassar KPPU stopped the case of alleged business monopoly in the Makassar sea sand mining project because it was deemed not to have fulfilled the completeness and clarity of the report as stipulated in KPPU regulation No.1/2019. The five pieces of evidence referred to in the regulation are witnesses, documentary evidence, expert testimony, instructions and statements of the reported party. Meanwhile, the reporting party, the Save the Indonesian Sea Coalition (KSLI), was assisted by the Makassar Legal Aid Institute (LBH). The main problem in this study is how the Role and Function of the Makassar City Business Competition Supervisory Commission (KPPU) in creating fair business competition according to Siyasah Syar'iyyah's review. The type of research used is field qualitative (field reseasch). Based on the results of this study, it shows that in an effort to create fair business competition in Makassar City, the Business Competition Supervisory Commission (KPPU) has taken several preventive measures, namely carrying out socialization so that the public can find out and monitor the activities of business actors, hold hearings with several business actors, conduct Advocacy on government policies and activities of business actors in market competition, KPPU holds journalist forums with various media that work together to socialize unfair business competition, holds discussion forums with academics such as public lectures on campuses, conducts policy advocacy to the government that has the potential to result in practices monopoly and unfair business competition, assess agreements that may result in unfair business competition, and supervise companies in Makassar City.
UJARAN KEBENCIAN DALAM PEMILIHAN UMUM PERSPEKTIF SIYASAH SYAR'IYYAH (STUDI KASUS KABUPATEN SIDRAP) Mubarak, Muhammad Rezky
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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Abstract

The purpose of this study was to find out the role of the General Election Commission in overcoming forms of acts of hate speech in general elections in Sidrap district. The result of this study is the role of the KPU in overcoming hate speech, namely by working with Bawaslu. Bawaslu reports to the KPU and jointly follows up on cases of hate speech. An example of this is a sympathizer or supporter of one of the candidates for Regent and Deputy Regent satirized (insulted) their political opponents. The law does not discuss cases of hate speech, but the KPU and the Sidrap Regency Bawaslu summoned and followed up on reports regarding hate speech. In the perspective of siyasa syar'iyyah, of course, things like this often happen in general elections, there are insults, provocations, spreading fake news and defamation. Therefore Islam forbids the existence of these actions in everyday life, because it will cause riots and chaos.
STRATEGI KEPOLISIAN DALAM PENEGAKAN TINDAKAN VANDALISME FASILITAS PUBLIK DI KOTA MAKASSAR PERSPEKTIF SIYASAH SYAR’IYYAH Majdi, Muhammad Fakhri; Sastrawati, Nila
Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 5 No 3 (2024): SIYASATUNA
Publisher : Prodi Hukum Tata Negara (Siyasah Syariyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar

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Abstract

Vandalism is defined as an irresponsible activity of some kind of behavior that tends to be negative. This habit is in the form of scribbling on walls or other objects that can be read by the public. Vandalism refers to the character of someone who destroys other people's property. This behavior is included as a minor crime because it harms other people and really disturbs public comfort. Acts of vandalism in the city of Makassar are not only carried out in public facilities, but also in walls or fences belonging to (private) people. The main problem in this research is how the police strategy to prevent acts of vandalism of public facilities in the city of Makassar perspectivesiyasah syar'iyyah.The type of research used is field qualitative (field reseasch). Based on the results of this study, it shows that acts of vandalism in the city of Makassar, such as graffiti, are often found at several points such as road parapets, shops, direct posts, bus stops, and flyovers. Areas that are prone to acts of vandalism, graffiti, and graffiti are several public places that are busy with people. The forms of doodles made by teenagers also vary, ranging from doodles that are abstract in the form of lines, symbols, initials of letters, initials of numbers, doodles that are in the form of images ranging from pictures of animals, human limbs, landscapes, and murals, doodles in the form of writing. , such as writing that contains elements of ethnicity, religion, race, and inter-group (SARA). Not only that, it is usually associated with ideology, insults, inappropriate jargon.
TINJAUAN DUE PROCES OF LAW ATAS TINDAKAN PENEGAK HUKUM TERHADAP DISKRIMINASI MASYARAKAT PAPUA PERSPEKTIF SIYASAH SYAR’IYYAH Reynaldi, Muh; Larissa, Dea
Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 5 No 3 (2024): SIYASATUNA
Publisher : Prodi Hukum Tata Negara (Siyasah Syariyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar

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Abstract

Law enforcement in Papua is not running in accordance with the values of legal philosophy, and the struggle of the Papuan people for justice is still not over. The many cases of law enforcement officers using violence and cruelty against the Papuan people show a tendency towards prejudice in the field of law enforcement. This study seeks to determine the actions of law enforcement officials against the Papuan people in accordance with the principle of due process of law and the perspective of siyasah syar'iyyah towards law enforcement officials for discrimination against the Papuan people through the use of library research, with a normative syar'i and normative juridical approach. The results of this study indicate that the actions of law enforcement against the Papuan people often spark controversy because they are considered to violate the principles of due process of law in several cases handled without following established protocols. The importance of upholding the ideals of justice and equality and the protection of human rights is emphasized in siyasah shar'iyyah. To uphold the dignity of the rule of law, the government and law enforcement agencies must take a firm stance against prejudice against Papuans and must also improve the standard of legal education provided to law enforcement officials.
KONSEP KHILAFAH DALAM PANDANGAN SYEKH TAQIYUDDIN AN-NABHANI Indah; Hasan, Hamzah; Aisyah, Nur
Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 5 No 3 (2024): SIYASATUNA
Publisher : Prodi Hukum Tata Negara (Siyasah Syariyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar

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This research aims to describe the caliphate government system in the view of Sheikh Taqiyuddin an-Nabhani and the relationship between religion and the caliphate state in the view of Sheikh Taqiyuddin an-Nabhani. And the ideal state form according to Sheikh Taqiyuddin an-Nabhani. In answering the problem, the author uses the fiqh siyasah approach as for the method of collecting secondary data in the form of primary material, secondary is done by reading literature, scientific works, research results, documents or books related to research. The results of the research show that the Islamic government system in the view of Sheikh Taqiyuddin An-Nabhani consists of four pillars, namely sovereignty in the hands of syara', power belonging to the people, appointing a caliph whose law is obligatory for all Muslims, only the caliph has the right to do tabbani (adoption) against syara law '. The relationship between religion and the state according to Sheikh Taqiyuddin An-Nabhani is to preserve religion, organize community affairs, protect the country and the people, spread the message of Islam, eliminate opposition and disagreements between communities. The ideal form of government according to Sheikh Taqiyuddin An-Nabhani from the aspect of the form that describes the existence of the country, as well as the things that make it completely different from the form of government that exists in the world. Includes non-monarchical Islamic governments, non-republican Islamic governments, non-imperial Islamic governments, and non-federal Islamic governments.
PENANGANAN DAN PERLINDUNGAN HUKUM TERHADAP ORANG DALAM GANGGUAN JIWA (ODGJ) OLEH PEMERINTAH DAERAH DI KAB.BULUKUMBA PERSPEKTIF SIYASAH SYAR’IYYAH Subhan; Basri, Halimah
Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 5 No 3 (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 handling and legal protection by the regional government of Bulukumba district for people with mental disorders (ODGJ). The results of this study are that the treatment carried out by the regional government of Bulukumba Regency for people with mental disorders (ODGJ) has gone well, namely doing homecare, checking identity and car facilities for treatment. The legal protection provided by the regional government of Bulukumba Regency does not yet have specific rules regarding people with mental disorders (ODGJ), but it is included in Regional Regulation No. 2 of 2018 concerning protection and services for persons with disabilities. In the siyasah syar'iyyah perspective, the regional government of Bulukumba district has carried out its responsibilities based on Q.S an-Nisa/4:58 and 59, also based on several hadiths, such as providing social rehabilitation facilities and infrastructure for people with mental disorders.
DISSENTING OPINION HAKIM PTUN MAKASSAR DALAM MEMUTUS PERKARA PERSPEKTIF SIYASAH SYAR’IAH Kurniawan, Rahmat; Rahmiati
Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 5 No 3 (2024): SIYASATUNA
Publisher : Prodi Hukum Tata Negara (Siyasah Syariyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar

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This study aims to understand the concept of dissenting opinion from the point of view of the Judge of the Makassar State Administrative Court and to find out the position of the dissenting opinion in the final decision and how the form of the dissenting opinion is in the perspective of Siyasah Syar'iah. The problem in this study is that the position of dissenting opinion is not clearly regulated in the system of laws and regulations in Indonesia where as a rule of law all actions that exist must be regulated clearly and specifically in laws and regulations. This research is a qualitative research (field research) with a juridical and normative syar'i approach. Primary and secondary data sources such as: results of interviews conducted at the State Administrative Court, books, case files of the State Administrative Court, scientific journals. The results of this study are 1) The concept of dissenting opinion is a different opinion from judges who have a minority voice, which occurs because the views and analysis of each judge are different. 2) The position of dissenting opinion is jurisprudence, namely as literature or reference if there are similar cases. The position of dissenting opinion is not clearly regulated in laws and regulations because basically dissenting opinion is considered not to conflict with existing laws and regulations. 3) The form of dissenting opinion in the perspective of sharia judges' siyasa is ijtihad from or maximum effort in producing sharia laws from their foundations through serious and in-depth thought and research

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