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<![CDATA[ANALISIS YURIDIS KEPUTUSAN FIKTIF POSITIF PASCA UNDANG-UNDANG NO. 6 TAHUN 2023 PERSPEKTIF SIYASAH SYAR’IYYAH ]]>
<![CDATA[Muh. NurTaslim Saleh]]>;
<![CDATA[Hasan, Hamzah]]>
<![CDATA[ Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 6 No 1 (2025): SIYASATUNA ]]>
Publisher : <![CDATA[Prodi Hukum Tata Negara (Siyasah Syariyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar ]]>
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<![CDATA[This research aims to find out how the juridical analysis of positive fictitious decisions after Law no. 6 of 2023 Syar'iyyah siyasah perspective. In answering this problem, the author uses a normative juridical approach and a normative theological approach (syar'i). The method for collecting secondary data in the form of primary and secondary materials is done by reading literature, scientific works, documents or books related to the research. The research results show that 1) The legal position of fictitious decisions is positive after the promulgation of the law. No. 6 of 2023, which is regulated in this Law, namely in article 175 number 7 paragraph (4), however the phrase not stipulate but grant in this article creates unclear meaning and has the potential to give rise to new problems 2) Procedures for resolving positive fictitious decisions after the issuance of the Law. No. 6 of 2023 article 175 number 7 paragraph (5) will be further regulated in a Presidential Regulation, but to date this Presidential Regulation has not been issued as a result of which the procedure for resolving positive fictitious decisions has become ambiguous and unclear. 3) The siyasah syar'iyyah view of positive fictitious decisions after the issuance of the law. No. 6 of 2023 does not explain the view of Islamic law regarding the details of positive fictitious decisions because this is purely procedural from Indonesian positive law which is administrative in nature.]]>
<![CDATA[STANDAR PELAYANAN PUBLIK PADA KANTOR DINAS PENANAMAN MODAL DAN PELAYANAN TERPADU SATU PINTU ]]>
<![CDATA[RUSTAM, SUCI CAHYANI]]>;
<![CDATA[Larissa, Dea]]>
<![CDATA[ Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 6 No 1 (2025): SIYASATUNA ]]>
Publisher : <![CDATA[Prodi Hukum Tata Negara (Siyasah Syariyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar ]]>
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<![CDATA[This research aims to determine the fulfillment of standard components of public services. The problem in this research is that several components of public service standards have not been met. The research method used is qualitative field research, by conducting observations and interviews. The results of this research show that the fulfillment of the standard components of public services at the investment office and one-stop integrated services has been fulfilled, but the facilities need to be equipped, such as breast milk rooms, public toilets, prayer rooms and information screens.]]>
<![CDATA[PELANGGARAN HAK CIPTA LAGU DALAM BENTUK COVER DI MEDIA SOSIAL TELAAH SIYASAH SYARIYYAH ]]>
<![CDATA[Barsyami, M Abid Tribuana]]>;
<![CDATA[Maloko, M. Thahir]]>
<![CDATA[ Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 6 No 1 (2025): SIYASATUNA ]]>
Publisher : <![CDATA[Prodi Hukum Tata Negara (Siyasah Syariyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar ]]>
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<![CDATA[This research aims to analyze forms of copyright infringement on song covers and their consequences as well as siyasi's views regarding copyright. The problem in this research is the use of songs on social media without legal permission from the copyright holder, causing losses to the creator. In answering this problem, we use a juridical approach, namely examining legal sources such as laws and regulations relating to copyright and a normative theological approach (syar'i), namely an approach based on the Koran and hadith. data collection methods in the form of secondary and primary materials, primary is done by directly reading sources related to copyright, namely UUHC, secondary is done by reading literature, scientific works, documents or books related to research. The results of the research show that the act of covering someone else's song for commercial purposes without permission from the creator as well as carrying out creation transformations and fixations is a form of copyright infringement. The legal consequences if the copyright holder feels disadvantaged and expresses objection, the perpetrator can be prosecuted civil law in the form of fines and criminal penalties. Siyasi's view regarding copyright is that the majority of scholars from the Maliki, Shafi'i and Hanbali schools of thought are of the opinion that copyright is equated with property ownership, using other people's creations without permission with the aim of self-interest or to obtain economic rights over someone else's creation. anything else is a disgraceful act.]]>
<![CDATA[KEBIJAKAN PEMERINTAH KABUPATEN BARRU TENTANG PELARANGAN TOKO MODERN ]]>
<![CDATA[Nur Wafdatul Haeriyah]]>;
<![CDATA[Darussalam]]>
<![CDATA[ Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 6 No 1 (2025): SIYASATUNA ]]>
Publisher : <![CDATA[Prodi Hukum Tata Negara (Siyasah Syariyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar ]]>
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<![CDATA[This research aims to find out what the Barru Regency government's policy is regarding the prohibition of modern shops. The main problem is divided into several sub-problems, namely: What is the policy of banning modern shops by the Barru Regency government, what are the factors causing the birth of the policy of banning modern shops by the Barru Regency government, and what is the impact on society of the policy of banning modern shops by the Barru Regency government. This type of research is classified as Descriptive Qualitative Field Research or Field Research. This research approach uses a Normative Sharia approach and an empirical approach, as well as data collection methods using observation, interviews and documentation. The research results in the research are that the Barru Regency Regional Government's policy regarding the prohibition on the establishment of Modern Shops is not to grant permits or limit permits for the establishment of modern shops in Barru Regency which can disrupt the growth of the local economy. The factors causing the ban on modern shops in Barru Regency are based on several factors, namely maintaining local economy, increasing MSMEs, and maintaining the balance of small traders, and the impact caused by the ban on modern shops has a positive impact, namely increasing local MSME businesses and a negative impact on the development of innovation and investment in Barru Regency as well as limited consumer choices.]]>
<![CDATA[TELAAH SIYASAH IDARIYAH TERHADAP IMPLEMENTASI KEBIJAKAN BADAN PERTANAHAN NASIONAL TENTANG PEMUKIMAN PENDUDUK KAWASAN HUTAN LINDUNG DI KELURAHAN TAMAONA ]]>
<![CDATA[Samsiah, Risky Fausia]]>;
<![CDATA[Risal, M. Chaerul]]>
<![CDATA[ Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 6 No 1 (2025): SIYASATUNA ]]>
Publisher : <![CDATA[Prodi Hukum Tata Negara (Siyasah Syariyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar ]]>
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<![CDATA[The aim of this research is to study siyasah idariah on the implementation of the National Land Agency (BPN) policy regarding residential areas in protected forest areas in Tamaona Village, the issues raised in this paper are regarding the implementation of the National Land Agency related to protected forests and the views of siyasah idariah regarding the implementation of the Land Agency National. 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 show that the implementation of the National Land Agency has carried out a regional mapping process for protected forests in accordance with SK 362 of 2019 and the siyasah idariah view regarding diwan work flow related to land, especially protected forests, is in line with the National Land Agency which does not grant permits to communities. Those who build in protected forest areas must make regulations in accordance with Allah SWT's rules to protect their creation. However, what is an inhibiting factor in implementing the mapping policy carried out by BPN is that there are still people who build in protected forest areas who do not comply with the administration. This is reinforced by people who build without the knowledge of the National Land Agency, so that BPN takes action to change the function of the land.]]>
<![CDATA[PROGRAM SMART CITY DI KOTA MAKASSAR PERSPEKTIF SIYASAH DUSTURIYAH ]]>
<![CDATA[Savana Zalsabilah]]>;
<![CDATA[Khalik, Subehan]]>
<![CDATA[ Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 6 No 1 (2025): SIYASATUNA ]]>
Publisher : <![CDATA[Prodi Hukum Tata Negara (Siyasah Syariyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar ]]>
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<![CDATA[This research aims to examine the Smart City Program in the city of Makassar from Siyasah Dusturiyah's perspective. The problem in this research is that the implementation of the Smart City Program is not carried out in accordance with the principles of state government administration. This research is descriptive field research. The approach used in this research is a normative juridical approach and a syar'i approach. The data used is primary legal data and secondary legal data. Data was obtained through observation, interviews and documentation, then data processing and analysis was carried out. The results of this research show that The failure to evaluate the Tourism Alley and Healthy Alley Program with RT, RW and local community leaders as interested parties has resulted in the Bara Baraya Subdistrict Government being unable to find a formulation of methods for socializing and educating the Smart City program in the Smart sector. The right environment. The obligation for the community to participate in two-way communication with the government in order to carry out the management of government affairs for the sake of realizing the benefit of the people is regulated in QS al-Imran/3: 104. The community as a group of people has an obligation to convey goodness in order to achieve ma'ruf in the form of environmental cleanliness. given space by the Bara Baraya Subdistrict Government so that the Bara Baraya Subdistrict area can avoid evil in the form of not achieving a Smart Environment as part of a Smart City.]]>
<![CDATA[EKSISTENSI NEGARA ISRAEL : (Telaah Atas Siyasah Syar’iyyah) ]]>
<![CDATA[Tawakkal, Muhammad Iqbal]]>;
<![CDATA[Zakirah]]>
<![CDATA[ Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 6 No 1 (2025): SIYASATUNA ]]>
Publisher : <![CDATA[Prodi Hukum Tata Negara (Siyasah Syariyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar ]]>
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<![CDATA[This research aims to analyze the views of the siyasah syar'iyyah regarding the existence of the Israeli state and correlate it with basic concepts in state theory. The aim of this writing is to provide a comprehensive understanding of how the State of Israel exists. A study of Siyasah Syar'iyyah. This research uses an empirical juridical approach using primary data, namely research results and legislation, and secondary data, namely books and journals and analyzed qualitatively. The results of this research show that the Israeli state theory can be considered as a state entity that meets basic characteristics. However, when viewed from the perspective of state existence theory, Israel's existence and development are greatly influenced by security factors, national identity and regional conflicts. Most views in the context of Siyasah Syar'iyyah basically reject the establishment of the State of Israel. This is often due to the belief that Israel's founding involved the expulsion and suffering of the pre-existing Palestinian population.]]>
<![CDATA[IMPLEMENTASI PERATURAN DAERAH KOTA MAKASSAR NOMOR 5 TAHUN 2022 TENTANG PERLINDUNGAN GURU DALAM PERSPEKTIF SIYASAH SYAR’IYYAH ]]>
<![CDATA[Wanda, Riswanda]]>;
<![CDATA[Jamil]]>
<![CDATA[ Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 6 No 1 (2025): SIYASATUNA ]]>
Publisher : <![CDATA[Prodi Hukum Tata Negara (Siyasah Syariyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar ]]>
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<![CDATA[This research is to: 1) determine the control the procedures for handling legal protection for teachers in Makassar City; 2) understand teacher protection from the perspective of siyasah syar'iyya. In an effort to answer this problem, we use descriptive qualitative research with several approaches, namely an empirical juridical approach and a Sharia normative approach. The data sources used in this research were primary data sources from interviews with the Head of Legal Division at the Regional Secretariat of Makassar City, GTK Staff (Certification Process Administrators) at the Education Service, PGRI Foundation Management, and Chair of the Indonesian Ulema Council of Makassar City. Secondary data sources are books, journals and previous research results. Data collection techniques through observation, interviews and documentation. The following research results were obtained: 1) Procedures for handling legal protection for teachers through mediation efforts if there is no criminal act, if a criminal act occurs then the resolution is carried out by law enforcement officials; 2) The siyasah syar'iyyah perspective views that Regional Regulation Number 5 of 2022 is in accordance with the concept that regulations must be made for the interests and benefit of the people. In Islam, teachers are defined as a very noble profession because they provide knowledge about Islam and also teach a person's morals according to the teachings of the prophets, so they must be given protection from the government.]]>
<![CDATA[PENUNJUKAN PENJABAT KEPALA DAERAH DALAM SISTEM PEMERINTAHAN DEMOKRATIS ]]>
<![CDATA[Afrianti, Firna]]>;
<![CDATA[Umar, Kusnadi]]>
<![CDATA[ Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 6 No 1 (2025): SIYASATUNA ]]>
Publisher : <![CDATA[Prodi Hukum Tata Negara (Siyasah Syariyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar ]]>
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<![CDATA[The design of simultaneous national regional elections in 2024 has led to a vacancy in the position of regional head, to anticipate this, the government appoints an acting regional head to carry out the duties, functions, and authorities of the regional head until the inauguration of the definitive regional head. This research aims to analyze the application of democratic principles in the appointment of acting regional heads by using conceptual and statutory approaches. The process of appointing acting governors by the president and acting regents and mayors by the Minister of Home Affairs has ignored several fundamental principles such as the principle of free elections, equal political participation, accountability and transparency, protection of human rights (political rights), and the principle of placing officials with a merit system instead of a spoil system. The Constitutional Court in Decision Number 67/PUU-XIX/2021 has emphasized that the process of appointing acting regional heads must still be carried out democratically. The filling of acting regional heads also lacks strong social legitimacy because it does not involve active participation from the community.]]>
<![CDATA[PANDANGAN NAHDLATUL ULAMA TENTANG STATUS WARGA NEGARA NON-MUSLIM DI INDONESIA ]]>
<![CDATA[Hermawan, Rahmat]]>;
<![CDATA[Kurniati]]>;
<![CDATA[Asni]]>
<![CDATA[ Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah Vol 6 No 2 (2025): SIYASATUNA ]]>
Publisher : <![CDATA[Prodi Hukum Tata Negara (Siyasah Syariyyah) Fakultas Syariah dan Hukum UIN Alauddin Makassar ]]>
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<![CDATA[Abstract This study aims to determine the analysis of the status of non-muslim citizens according to Nahdlatul Ulama’s view, and to try find the relevance of non-muslim citizens according to Nahdlatul Ulama to the implementation of the political rights of citizens in Indonesia. This research is library research, with a theological-normative, syar’i and historical approach. The fiqh concerning citizens initiated by the jurists places the position of non-muslims (infidel) dzimmih, mu’ahad, musta’man and harbi being irrelevant to the concept of the nation state. It can be seen that in accoardance with the socio-cultural and political conditions of the nation in Indonesia, it is not included in the category of darul Islam and darul harbi. The application of the nation-state concept, placing all citizens equally before the law without any background tendencies. The reappearance of the labeling of citizens based on religious backgrounds in political contestations has made Nahdaltul Ulama seek to re-knit the threads that have been tangled up due to indetity politics in the name of religion, returning to the full meaning of citizens according to the 1945 Constitution of the Republic of Indonesia.]]>
