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INDONESIA
POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Published by Institut Agama Islam Negeri Zawiyah Cot Kala Langsa
ISSN : 24772844     EISSN : 26155745     DOI : https://doi.org/10.32505/politica.
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
Islamic Legal, Constitution in Islam, Comparative Constitution, Islamic Political Thoughts, Fiqh Siyasah.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 133 Documents
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Perlindungan Hukum Hak Pilih Penyandang Disabilitas Mental dalam Pemilihan Umum di Indonesia Kartika Sari, Fitri; Kusaimah, Kusaimah; Salman, Salman
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 10 No 2 (2023): POLITICA: Jurnal Hukum Tata Negara dan politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v10i2.7516

Abstract

People with mental disorders being involved in the 2024 election is an interesting topic of discussion. In this context, there are many pros and cons. The question arises as to whether those with mental disorders have the right to vote. This is interesting to research and review. This article aims to analyze the right to vote for people with mental disabilities in the 2024 elections. Apart from that, this research also analyzes the Constitutional Court decision Number 135/PUU-XIII/2015. This research departs from a normative study with a statute approach. This approach is used to view and analyze legal aspects related to the problems in this research. This article argues that the legal regulation of the right to vote in elections for disabled people with mental disorders is regulated in Article 4 paragraph (2) letter b and Article 4 paragraph (3) General Election Commission Regulation (PKPU) Number 11 of 2018 concerning the Compilation of the Domestic Voter List. The General Election Organizers were then revised with PKPU 37 of 2018, which deleted the provisions of Article 4 paragraph (2) letter b and Article 4 paragraph 3 in order to comply with the decision of the Constitutional Court. People with persistent mental or memory disorders do not have the right to vote in elections.
Politik Hukum Pemerintah Indonesia Tentang Perwakafan: Tarik Ulur Kepentingan Hidayat, Rahmat; Tiswarni, Tiswarni
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 11 No 1 (2024): POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v11i1.7527

Abstract

This research explains how the government legal politics in the field of waqf with the tug-of-war of various interests that influence this, both the interests of the government, society and the waqf law itself. To achieve this goal the author uses library research, where the data sources were obtained from books and articles that were offended by the topics discussed. Data was sorted out and analyzed using content analysis. This study found that the government legal politics regarding waqf can be seen from the condition of the government's relationship with Muslims. When the government's relationship with Muslims is tenuous, then the rule of Islamic law "appears to be slow and stagnant". On the other hand, if the relationship was harmonious, the rules of Islamic law, especially waqf, will develop. This is evidenced that since the Dutch colonization until the Old Order, the rules regarding waqf seemed to "stay in place". In other words, waqf regulations only regulate existing waqf practices, without any improvement in terms of both legal substance and utilization. The new waqf rules appeared in the second half of the New Order era and reached their peak during the Reformation period. Government legal politics regarding waqf is influenced by the interests of government and society on the one hand, where waqf can help improve people's welfare. On the other hand, Islamic law, especially waqf law, is growing in Indonesia through various emerging regulations.
HAM dan Hukum Humaniter Internasional: Analisis Konflik Israel dan Palestina Indriani, Susi; Desiandri, Yati Sharfina
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 11 No 1 (2024): POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v11i1.7610

Abstract

The long-running conflict between Israel and Palestine has yet to find a bright light. The international community became aware of this situation and denounced Israel's actions in Palestine. Various parties believe that Israel has committed grave human rights breaches, while many Israeli supporters argue that the attack is a form of vengeance and protection for Israel against attacks by Palestinian supporters. The purpose of this study is to examine the Israeli-Palestinian conflict from the standpoint of international humanitarian law and human rights. Primary, secondary, and tertiary legal resources are the sources of legal materials employed in the normative juridical research process. This study employs a conceptual and case-based approach, methodologies for collecting legal materials through library studies, and analysis of legal materials through the use of legal materials obtained to address problems. The research findings revealed that Israel has violated humanitarian norms (humanity). There were multiple cases in which the Israeli military breached humanitarian precepts. The use of heavy weaponry with uncertain consequences caused significant damage, and several Palestinians died. The Palestinian people's situation is deteriorating due to a food supply problem. Until recently, the International Court of Justice (ICC) has taken no action to prosecute war crimes committed by Zionist Israel.
Perdagangan Barang Impor di Pulau Sebatik Kabupaten Nunukan Perspektif Undang-Undang Nomor 7 Tahun 2014 Tentang Perdagangan Sukmawati, Sukmawati; Nasution, Krisnadi
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 10 No 2 (2023): POLITICA: Jurnal Hukum Tata Negara dan politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v10i2.7775

Abstract

Basically, no country can create and produce all the goods and services needed to meet the needs of its population. The limited natural resources possessed by each country cause international trade activities. This research aims to analyze the legality of imported goods from Tawau, Malaysia, entering Sebatik Island, Kab. Nunukan. Apart from that, how are the trade arrangements for imported basic necessities for residents of Sebatik Island, Nunukan Regency, regarding imported basic necessities entering Sebatik Island, Nunukan Regency? This research is a normative legal study. The approach used in this research consists of a legal approach and a conceptual approach. The types and sources of legal materials used are primary legal materials, secondary legal materials, and tertiary materials. The results of this research show that, first, trade in imported goods for basic materials in Sebatik is according to Law Number 7 of 2014, trade is according to Government Regulation Number 34 of 2019, and trade is according to the 1970 Border Trade Agreement, which outlines the privileges of border residents, namely Sebatik Island; second, the trade in imported goods that occurs is in accordance with the laws and regulations in force in Indonesia.
Merebut Panggung Politik: Menelisik Partisipasi Perempuan Dalam Pemilu Legislatif di Kecamatan Payakumbuh Timur Tahun 2024 Aperta Safatullah, Afdal; Chofa, Fery; Vahlepi, Muhmmad; Mulia Saputra, Ego; Hikmara, M. Abdi; Kholdaa, Maylaffnatisya
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 11 No 1 (2024): POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v11i1.8228

Abstract

The role of women in politics will be an interesting issue of discussion in the 2024 election, as legislation requires women to have 30% representation in parliament. The goal of this is to support pro-women policies in government. The purpose of this study is to examine the degree of female participation in the East Payakumbuh District 2024 parliamentary election. This study's outcome was a normative juridical approach to a juridical investigation. The secondary legal resources used as data sources included journals and a number of significant research findings pertaining to the topics covered in this study. Data analysis material is utilized to examine more closely the empirical and legal issues gleaned from a range of earlier researchers' research findings. Based on the data collected, this study contends that there are still various political parties with women's representation levels below 30%. These results highlight the necessity of taking more actions to improve women's representation in politics.
Etika Politik: Perspektif Mahasiswa Terhadap Perilaku Politik Pilkada Sumatera Utara Tahun 2018 Siregar, Muhammad Nuh; Maraimbang, Maraimbang
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 11 No 1 (2024): POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v11i1.8436

Abstract

The focus of this study is to determine the forms of deviation in political behavior of participants in the 2018 North Sumatra Regional Election in terms of Islamic political ethics, according to students of the Islamic Political Thought Study Program at Universitas Islam Negeri Sumatera Utara (UINSU). This research approach is descriptive and qualitative. Data was collected through observation and in-depth interviews with five students of Islamic political thought who were selected purposefully. The results of the research revealed that students assessed that there were many irregularities in the political behavior of participants in the 2018 North Sumatra simultaneous regional elections. Indications revealed include the practice of money politics, bureaucratic politicization, threats and intimidation, and black campaigns. According to the students, this deviation in behavior contradicts the teachings of the Koran and Hadith, which serve as standards for all Muslims. Students studying Islamic political thought also believe that the deviations in behavior observed during the recent regional elections in North Sumatra are an obvious indication of the decline in religious values and the weakening of faith among both the political elite and society as a whole, which is increasingly embracing materialistic ideals. According to this perspective, this article affirms that political ethics directs the exercise of power in the state to align with democratic, honest, and ethical values.
Disharmonisasi Konsep Hukum Dalam Undang-Undang Administrasi Pemerintahan di Indonesia Mufidah, Nuruz Zakiyatul
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 11 No 1 (2024): POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v11i1.8753

Abstract

Regularity and suitability between legislations and concepts of law are commonly used very important. that's aim to ensure certainty of law. regularity and stability are called harmonization in law. The law Number 30/2014 about administrative Governance is the first law for the management of decision-making and/or actions for government officials and/or government bodies in the Indonesian government. The People's Representative Council takes 10 years to draft a law about governance administration. So, The drafting of this law should have no gaps. the drafting harmonizes with other legislations and commonly used legal concepts in Indonesian law. Therefore, it is necessary to do legal research using a statute approach and a conceptual approach. The aim of this research is so that the research results can be used to revise administrative law in the future. As A result of this research, many concepts in the administration government of law are not harmonized with other legislations and commonly used legal concepts. Firstly, administrative law concepts, secondly Court concepts, thirdly government concepts, fourthly disharmonization concepts of administration decree, and fifthly disharmonization of legal forming princips, sixty disharmonization concession concepts and then the drafting does not harmonize between norm and implementation.
Efektifitas Program KALIBER Sebagai Upaya Edukasi dan Preventif Bahaya Praktek Politik Uang Menjelang Pemilu 2024 Ragil, Ragil; Qayyum, Habil Ildi; Bahari, Hizbul; Haskar, Edi
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 11 No 1 (2024): POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v11i1.8768

Abstract

Elections are a five-yearly democratic celebration that has a very important meaning in the life of the nation and state in Indonesia. The role of the community is very determining in the results of the 2024 election because with these results we, the Indonesian people, will show the world the quality of the implementation of democracy in this country. UMSB Law Faculty students in the form of the KALIBER (Kawal Pemilu Bersih) program are trying to play their role in guarding the 2024 elections in order to realize an election process that is clean and free from money politics. Through steps to provide information and educate the public about the dangers of money politics, as well as preventative efforts so that the public is not contaminated by these illegal practices in order to realize dignified elections. The aim of this program is to analyze the knowledge of prospective voters, both advanced voters and beginner voters, regarding the forms and methods of implementing money politics carried out by legislative candidates, election teams and election organizers. This research uses qualitative research methods of observation and interviews. The results of this research show that the KALIBER program can play an important role in realizing elections that are clean and free from money politics in order to realize dignified elections in 2024.
Pemberian Remisi Bagi Koruptor di Indonesia Dalam Perspektif Hak Asasi Manusia Rosalia, Rosalia; Wagiman, Wagiman
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 11 No 1 (2024): POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v11i1.9141

Abstract

The right to obtain remission in Indonesia is contained in Law Number 22 of 2022 concerning Corrections. Regarding the right to remission is contained in Article 34A paragraph (1) letter a of Government Regulation Number 99 of 2012 concerning Conditions and Procedures for Implementing the Rights of Prisoners. The problem that occurs is whether corruptors who harm the state and Indonesian society deserve remission. The issue of Justice Collaborator is also interesting to discuss because it has many pros and cons. This research is a doctrinal research with a statutory and conceptual approach. Legal materials are obtained from legislation, to strengthen the analysis, this research also uses some empirical and normative research results. The analysis of data is carried out using the content analysis method which focuses on the study of laws and regulations regarding remission. This study argues that the elimination of the requirement to become a Justice Collabolator for perpetrators of corruption will eliminate human rights because the right to obtain remission is not given immediately but there must be mandatory conditions and procedures that must be met for perpetrators of corruption. based on Article 29 paragraph (2) and Article 28J paragraph (2) of the 1945 Constitution that restrictions on the fulfillment of human rights can only be carried out for reasons carried out under the law and stipulated by law. Meanwhile, the elimination of the requirement to become a Justice Collaborator
Golput Perspektif Undang-Undang Nomor 7 Tahun 2017 Tentang Pemilihan Umum dan Siyasah Dusturiyah Habibah, Habibah; Adan, Hasanuddin Yusuf
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 11 No 1 (2024): POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v11i1.9157

Abstract

Abstention is indirectly related to feelings of distrust towards potential leaders or contesting political parties. Golput is also often seen as a form of protest or dissatisfaction with the political system. This research examines the legal review of abstention from the perspective of the laws of the Republic of Indonesia and perspective of siyasah dusturiyah. The research method used is library research with a qualitative approach. The data source used is based on the results of a review of Law no. 39 of 1999 concerning human rights, Law no. 7 of 2017 concerning the holding of general elections, as well as the 2009 MUI Fatwa and opinions from contemporary ulama. The results of the research show that Indonesian legislation states that abstention is a constitutional right granted by the government to the people. so that the people have authority over voting rights and are allowed to exercise these rights or not. Meanwhile, from the siyasah dusturiyah perspective, choosing a leader is obligatory. If all Muslims in Indonesia abstain from voting then they are sinning, because the law requires fardu kifayah. Abstentions have the potential to give unqualified or unfit people the chance to become leaders. So it gives rise to mafsadat against Islamic law. However, in conditions where Muslims live in non-Muslim countries, abstention is recommended because it does not give loyalty or trust to the wrong people.

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