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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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UPAYA ADMINISTRATIF DALAM SENGKETA KEPEGAWAIAN: (Analisis Putusan PTUN Makassar Nomor 122/G/2019/PTUN.Mks) Kadir, Muhammad Zulfadli; Akmal, Andi Muhammad
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 aim of this research is to describe the Decision of the State Administrative Court Number 122/G/2019/Ptun.Mks concerning Employment Disputes regarding judges' considerations in administrative efforts when resolving disputes at the State Administrative Court. The problem raised in this research is how the judge considers the administrative efforts taken by the Plaintiff in the exception contained in decision Number 122/G/2019/Ptun.Mks. This research is field research using qualitative analysis with a normative syar'i and empirical juridical approach. Data collection methods were carried out by means of interviews, observation and documentation. The results of this research indicate that the administrative efforts taken by the Plaintiff before filing the lawsuit at the Makassar State Administrative Court were procedurally appropriate due to the Mayor's failure to respond to administrative efforts in the form of objections submitted by the Plaintiff and then the Mayor did not provide a response or answer in writing.
EKSISTENSI AMMATOA DALAM PEMERINTAHAN DESA TANAH TOWA KABUPATEN BULUKUMBA Muhajir; Hisbullah
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 research aims to determine the comparison of the roles of the Kajang Ammatoa adat and the Village Head in the government of Tanah Towa village in Bulukumba district. The problem in this research is that there are differences in about the community regarding the position of highest power in the Tanah Towa Village Government between the Traditional Head and the Village Head. This research uses a type of qualitative research using an empirical normative approach. The data collection methods used in this research are observation, interviews, literature and documentation. The results of the research show that the existence of Ammatoa in the Tanah Towa village government, Bulukumba Regency, if compared with the village head, is the traditional head's presence is more existent, because until now he still holds firmly to the name of Pasang Ri Kajang, one of which is that they want the area not to be contaminated with foreign culture. . Ammatoa plays a role in managing the indigenous community as an elder for the entire Kajang Ammatoa indigenous community. Meanwhile, village heads prefer areas outside customary areas because of the existing customary regulations or Pasang Ri Kajang (laws).
PEMIKIRAN IBNU KHALDUN TERHADAP KEPEMIMPINAN PEREMPUAN Husna, Asmaul; Laman, Ilham
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

This research aims to determine Ibnu Khaldun's views on women as leaders. The problem in this research is the lack of public trust in women who want to become leaders. This is influenced by culture and religion where women are still considered unequal to men. To answer these problems, this research uses library research methods through a normative juridical approach and a Sharia method approach. The results of this research are. Ibn Khaldun stated that leadership is legally obligatory and the requirements for being a leader are having ability, capability, acting fairly, and being physically and spiritually healthy. Both men and women can become leaders as long as they fulfill the requirements because there is no statement prohibiting this.
PENERAPAN ASAS RETROAKTIF DALAM PELANGGARAN HAK ASASI MANUSIA Ramadani, Fitri; Halimang, St; Risal, Chaerul
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 research aims to describe the application of the Retroactive Principle in Human Rights Violations. The assertion of human rights in Indonesia experiences a very definite dilemma in law enforcement considering the many past human rights violations that have not been resolved. Thus, this research uses a type of library research with a normative juridical approach and a syar'I approach. This data collection method involves studying several primary data sources extracted from scientific works, documents and relevant books. The research results show that the retroactive principle is a principle or legal principle that can be implemented in upholding human rights, with 4 cumulative conditions, namely: 1) The criminal act committed is a serious human rights violation; 2) the nature of justice must be international; 3) justice is ad-hoc; 4) the government's inability to prosecute crimes, both in terms of cruelty and damage.
KEPIMIMPINAN POLITIK PEREMPUAN MENURUT FATIMA MERNISSI Mappiati, Munawwarah; Samin, Sabri; Tenripadang, Andi
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 research is how women’s leadership is according to Fatima Mernissi from the perspective of Islamic law. The problem in this research is that the existence of women in the political field is being heard again, namely the increasing interest of women in the world of politics. Unfortunately, our country, Indonesia, places women only as second persons. Judging from history, women are often seen as powerless, there is a saying in society that women cannot go to higher education, because their work seems to only be in the well, kitchen and bed. The type of research used in this research is research with a library approach, namely research that is purely library in nature where the data is based on or taken from written materials, whether in the form of books, previous theses, journals or other things related to the topic or theme. Discussion according to the title of this research. The results of this research show that there are women in the world of politics who act as leaders, not to overthrow, demote, or seize power from men. But as equal partners for women and men. At a time when several clerics opposed women’s leadership in the world of politics, Fatima Mernissi as a figure in Islamic feminism thought that a woman could become a leader in the world of politics. Fatima Mernissi strongly opposes the patriarchal culture that exists in society. Because in his view, what has existed in the patriarchal system, namely injustice, discrimination, exclusion and domestication of women, is only the interpretation of scholars who are said to have authority in interpreting religious texts. Indirectly, the existing patriarchal culture is the reason for the low number of seats for women in politics. According to him, women’s participation in politics does not mean they want to compete or compete with men, but as a form of equal rights and justice for women because currently many women have the same abilities and knowledge as men.
TINJAUAN HUKUM ISLAM PEMBERIAN REMISI TERHADAP NARAPIDANA KORUPSI Rahadi, Andi Arifai; Mustafa, Adriana
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 research aims to find out an overview of Islamic law in granting remissions to corruption convicts. The problem in this research is that there are no regulations in Islamic law that regulate corruption cases, especially in Indonesia, which has a majority Muslim population. The research method used is library research. The data sources used are primary data sources and secondary data sources. The data collection method used is searching in journals, theses, books, statutory regulations and other literature related to journals. The results of this research show that, in Islamic law, granting remissions to convicts of criminal acts of corruption is a jarimah, corruption is not included in the area of ​​jarimah hudud nor is it included in the scope of jarimah qisas. But it is included in the area of ​​jarimah ta'zir. So in the judimah hudud, forgiveness (intercession) does not apply if the case has been brought to court. Meanwhile, for jarimah ta'zir, the possibility of providing forgiveness (intercession) is wide open, both by individuals and the government or ulil amri. Because Islam really appreciates people who repent and improve themselves. The principles of Islamic law, such as repentance and forgiveness, justice, transparency, accountability, restitution, and consideration of the public interest, have an important role in granting remission to corrupt convicts. These principles reflect the ethical and humanitarian values ​​in Islam.
PRINSIP PERLINDUNGAN AKTIF TERHADAP DATA PRIBADI Bakhtiar, Nur Muh. Aldi; Laman, Ilham
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 research aims to find out the principle of active protection of personal data. The problem in this research is the rampant cases of personal data breaches in Indonesia. The research method used is library reasearch. The data sources used are primary data sources in the form of laws and regulations, al-Qur'an, hadith and theories and secondary data in the form of books, journals, theses or papers relevant to this research. The results of this study explain that, The role in the law is to define personal data criteria then control personal data, determine the control of personal data both public bodies and international organizations and determine the subject of personal data related to the right to destruction and electronic systems. The principle of active protection of personal data is that the first personal data is privacy and determines the special authority institution that protects personal data and provides special protection both administratively and criminally.
PERAN KADERISASI PARTAI POLITIK KOTA MAKASSAR DALAM PENENTUAN CALON ANGGOTA LEGISLATIF PERSPEKTIF SIYASAH SYARIYYAH Hamdi, Ahmad Fuad; Sakka, Rahman
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 research explores the role of political party cadreship in producing legislative candidates aligned with siyasah syariyyah principles. It examines how cadreship influences the selection of candidates based on Islamic political values, particularly in Makassar. Employing a field research method and a syar’i-normative juridical approach, the study reveals that political parties implement democratic and transparent processes, selecting candidates based on qualifications, integrity, and commitment. Supportive factors include programs, visions, and candidates' track records, while lack of public support hinders progress. From the fiqh siyasah syar’iah perspective, cadreship is essential in shaping candidates with integrity, reflecting Islamic justice through fair, transparent selection and comprehensive education. These findings highlight the importance of enhancing accountability and public trust in the political process, suggesting that the model used in Makassar could improve democratic practices in other regions
PERAN PEMUDA DALAM PENYELENGGARAAN PEMERINTAH DESA Syarwan, Muh; Rahman, Budiarti
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 research aims to analyze the role of youth in village government administration. The problem raised was related to the implementation of the Village Head's authority which was considered less open so that community participation, especially youth, was not involved in decision-making areas and missed out on information related to the programs being implemented. This research is qualitative research with a normative syar'i and juridical theology approach. Data collection methods were carried out by means of interviews, observation and documentation. The results of research on the role of youth in the administration of Village government show that Village government is less open and does not involve youth in decision making in Village development deliberations, resulting in low representation of youth needs and aspirations resulting in an imbalance in village development planning with less focus on youth initiatives. and the potential contribution of youth. Lack of youth participation also has an impact on low motivation to get involved in village development projects which results in a lack of encouragement to create innovative solutions to local problems so that it has long-term impacts and is detrimental to the sustainable development of the village as a whole.
PELANGGARAN ETIKA RANGKAP JABATAN NOTARIS DI MAKASSAR PERSPEKTIF SIYASAH JINAYAH Haisyah; Hisbullah
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

Violation of the ethics of concurrent notary positions is a polemic that raises a lot of debate in various circles and often becomes a hot topic of conversation. This study aims to determine the violation of the dual ethics of notary positions in Makassar from the perspective of siyasah jinayah. The type of research used is qualitative research (field research), data sources in the form of primary and secondary data obtained through observation, interviews, and documentation, in answering these problems the author uses a Normative Theology approach (shar'i) and Empirical Juridical approach. The results of this study indicate that: first, after going through the research there was no violation of the dual position of Notary in Makassar. The concurrent positions of Notary in Makassar generally serve as Lecturers and PPAT. However, the position is not a category of dual position prohibition contained in the Notary Position Law No. 2 of 2014 concerning Notary Position. Second, there is no finding of concurrent positions of Notary in Makassar, so far there has been no sanction for Notaries who concurrently hold positions. Sanctions against violations of concurrent Notary positions are in the form of severe sanctions, which lead to dishonorable dismissal along with the revocation of the SK by the Ministry of Law and Human Rights based on the procedure for enforcing sanctions for Notaries who violate the ethics of concurrent positions. In contrast to the sanctions for violating the dual position of Notary in Islam, in the form of Allah's wrath upon him. Because the Notary who commits a violation is the same as his denial of the oath of office.

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