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muhammad roni
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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 140 Documents
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Islam dan Negara: Analisis Perlindungan Hukum Terhadap Hak Cuti Pekerja Wanita Dalam Undang-Undang Nomor 6 Tahun 2023 Tentang Ketenagakerjaan Rahma Fitri, Maisyithoh; Mumtazinur, Mumtazinur; Mubarak, Husni
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.v11i1.9232

Abstract

Law Number 6 of 2023 on Employment provides a strong legal foundation for upholding the rights of female workers, including the right to menstrual leave. This study delves into the right to menstrual leave from the perspective of Fiqh Siyasah within the context of the principle of Mabda al-Musawah (equality) and responsive law. This principle emphasizes the importance of equal treatment without gender discrimination and the need for laws that are responsive to social changes to ensure regulations can protect the rights of female workers and create an inclusive work environment. In Islamic law, the principles of mabda al-musawah and responsive law underscore the importance of justice for female workers and emphasize equality before the law regardless of gender. The research method involves literature studies with qualitative descriptive analysis. The results of the study show that the principle of mabda al-musawah emphasizes the importance of equality and fair treatment for all workers without gender discrimination and provides opportunities for female workers to rest without losing their right to wages. The principle of responsive law emphasizes the adaptability of laws to social changes and community needs, which is relevant to the specific needs of female workers related to the menstrual cycle. Thus, it can be concluded that the implementation of the principles of mabda al-musawah and responsive law in menstrual leave rights is not explicitly regulated, indicating that the law does not adequately meet the needs of female workers. Additionally, the payment of wages during leave, which depends on agreements with employers, can disadvantage workers. The legislative process that lacks the involvement of society, especially workers and women, shows that this law is not fully responsive
Regulating Digital Health Services in Indonesia: Legal Challenges, Liability Issues, and the Protection of Patient Rights Saputra, Herman; Nofita, Herika; Hatta, Muhammad
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol. 12 No. 2 (2025): 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.v12i2.12878

Abstract

The rapid development of information technology has facilitated the emergence of digital health services such as telemedicine, e-health, and mobile health, which enhance efficiency, accessibility, and the overall quality of healthcare delivery. However, this digital transformation also generates legal challenges that necessitate clear regulatory frameworks, particularly concerning the protection of patients’ personal data, the determination of medical liability in remote healthcare interactions, and the validity of electronic evidence in legal processes. This study aims to analyze the legal framework governing technology-based healthcare services in Indonesia and to identify the obstacles encountered in their implementation and enforcement. The research employs a normative juridical method with a statutory approach, drawing upon a literature review of relevant regulations, including the Health Law, the Electronic Information and Transactions Law, and implementing regulations issued by authorized institutions. The findings indicate that although Indonesia has established a legal framework for digital health services, the regulations remain sectoral and lack comprehensive standards, especially regarding medical liability, patient data protection, and oversight of digital platforms. Furthermore, implementation challenges persist due to weak inter-agency coordination, limited digital security infrastructure, and low legal and digital literacy among service providers and users. The study concludes that regulatory harmonization and the formulation of specific legislation are essential to ensure legal certainty, accountability, and the protection of patients’ rights within Indonesia’s digital healthcare ecosystem.
Dari Dosen ke Advokat: Telaah Putusan Mahkamah Konstitusi Nomor 150/PUU-XXII/2024 dalam Perspektif Siyasah Qadhaiyyah Mukhsin, Mukhsin; Siregar, Rahmat Efendy; Reza, T. Surya
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol. 12 No. 2 (2025): 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.v12i2.13102

Abstract

Civil servant lecturers are required to fulfil the Tri Dharma of Higher Education, including community engagement, which may take the form of providing legal assistance. In practice, this obligation encounters a legal barrier because Article 3 paragraph (1)(c) and Article 20 paragraph (2) of Law Number 18 of 2003 on Advocates prohibit civil servants from practising as advocates. This restriction has triggered debate over whether law lecturers, as civil servants, may exercise their constitutional rights to participate in advocacy work. This study seeks to examine the Constitutional Court’s legal reasoning in Decision Number 150/PUU-XXII/2024, which authorises civil servant lecturers to act as advocates within certain limits, and to assess the relevance of this decision through the lens of siyasah qadhaiyyah. Employing a qualitative research design supported by a statute approach and analytical approach, the study analyses pertinent primary and secondary legal sources. The findings reveal that the Constitutional Court issued a conditionally unconstitutional ruling on the contested provisions of the Advocate Law, clarifying that civil servant lecturers may undertake advocacy activities solely for pro bono services through university legal aid institutions. This ruling affirms the protection of constitutional rights guaranteed in Articles 28C and 28D of the 1945 Constitution and resonates with principles of substantive justice in siyasah qadhaiyyah, particularly the pursuit of the public good (maslahah ammah) through the involvement of legal scholars. The study concludes that constitutional justice and Islamic legal ethics can be synergised to balance individual rights with the professional responsibilities inherent to state officials.
Tanggung Jawab Notaris terhadap Akta Pernyataan Keputusan Rapat Umum Pemegang Saham yang Didasarkan pada Risalah Rapat Palsu Rohidah, Rohidah; Hutomo, Putra; Setiadi, Yuliana
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol. 12 No. 2 (2025): 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.v12i2.13182

Abstract

The Deed of Statement of Decisions of the General Meeting of Shareholders constitutes an authentic deed with perfect evidentiary value as regulated in Article 1868 of the Civil Code. In practice, there are still cases where a Deed of Statement of Decisions of the General Meeting of Shareholders is drawn up based on meeting minutes containing false information, which gives rise to legal problems concerning the legal consequences of the deed and the liability of the notary as a public official. This study aims to analyze the legal consequences of a Deed of Statement of Decisions of the General Meeting of Shareholders made on the basis of meeting minutes containing false information, as well as the forms of notarial liability arising from the preparation of such a deed. This research employs a normative legal research method using statutory and case approaches. The data used consist of secondary data in the form of laws and regulations, legal doctrines, and court decisions. The analysis is conducted using the theory of legal consequences and the theory of legal liability. The results of the study indicate that a Deed of Statement of Decisions of the General Meeting of Shareholders made on the basis of falsified meeting minutes remains valid as an authentic deed as long as it has not been annulled by a final and binding court decision. However, if it is proven to contain false information, the deed may be annulled and give rise to civil, criminal, administrative, and ethical liability for the notary. This study emphasizes the importance of the principle of prudence for notaries in examining meeting minutes and shareholder attendance lists in order to ensure legal certainty.
Politik Hukum Presidential Threshold di Indonesia: Arah Pergeseran Konstitusional Pasca Putusan Mahkamah Konstitusi Firdaus, Muhamad Iqbal Ansori; Hadiana, Dian
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol. 12 No. 2 (2025): 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.v12i2.13345

Abstract

The debate over the presidential threshold in Indonesia’s constitutional system has persisted for years. However, most existing studies tend to focus either on its normative justification or its electoral consequences, without comprehensively situating the policy within the framework of legal politics and its constitutional implications following the Constitutional Court’s ruling. Addressing this research gap, this study aims to analyze the legal-political dynamics of the presidential threshold in Indonesia, tracing its development from its initial formulation to its eventual annulment by the Constitutional Court. This study employs a normative legal research method, utilizing statutory, conceptual, and analytical approaches. The research is based on an examination of primary, secondary, and tertiary legal materials, which are qualitatively analyzed to assess the policy’s underlying rationale and its compatibility with constitutional principles. The findings reveal that the presidential threshold was originally designed as an instrument to simplify presidential nominations and promote governmental stability. However, in practice, it has instead narrowed political representation, strengthened party oligarchy, and intensified political polarization. The study further demonstrates that governmental stability in Indonesia has been shaped more by post-election negotiations and the practice of presidential coalition-building than by the threshold mechanism itself. The Constitutional Court’s decision to invalidate Article 222 of the Election Law signifies a fundamental shift in the design of presidential candidacy, affirming that the presidential threshold is incompatible with the principles of popular sovereignty, proportionality, and political equality. The implications of this study underscore the need to restructure the presidential nomination system in a more inclusive and constitutionally grounded manner, while encouraging electoral law reforms that prioritize substantive democratic values over formal stability considerations.
Paradoks Kebebasan Beragama di Indonesia: Antara Ketertiban Sosial dan Hukum Negara Odelia, Marsha; Maharani, Citra Ayu Deswina; Ramadhani, Dina; Melinda, Melinda; Elviandri, Elviandri
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol. 12 No. 2 (2025): 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.v12i2.13476

Abstract

Restrictions on freedom of religion within Indonesia’s legal system continue to generate normative and practical debates, particularly due to regulatory practices that tend to be repressive and discriminatory toward certain religious groups. This situation reflects an ongoing tension between the protection of fundamental rights and the state’s interest in maintaining social order. This study aims to analyze freedom of religion in Indonesia from a utilitarian perspective, specifically through John Stuart Mill’s harm principle, and to propose a legal reformulation oriented toward justice and the promotion of the common good. The research employs a normative legal method using philosophical and conceptual approaches, drawing on statutory regulations, legal doctrines, and utilitarian legal philosophy. The findings indicate that current restrictions on religious freedom in Indonesia are inconsistent with utilitarian principles, as they often undermine the greatest happiness of those affected without clear evidence of actual harm to society at large. The proposed legal reform includes revising discriminatory regulations, simplifying the licensing procedures for houses of worship in a non-discriminatory manner, and accelerating the establishment of a National Regulatory Body as a mechanism for legal harmonization. The application of the harm principle in public policymaking has significant implications for strengthening the protection of religious freedom, balancing individual liberty with social order, and fostering a more just and welfare-oriented legal system.
The Actualization of Adopted Children’s Inheritance Rights: A Multidisciplinary Legal Study in West Jempong, Mataram City Khaldun, Rendra
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol. 12 No. 2 (2025): 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.v12i2.14354

Abstract

Adoption is widely practiced in Indonesia, particularly among married couples who have not been blessed with biological children. The primary purpose of adoption is often to continue family lineage when a couple is unable to have children biologically. However, in certain regions, such as Lombok, adoption may also serve additional social and cultural purposes, including fulfilling traditional expectations related to having descendants. In many cases, adoption becomes a humane and socially accepted solution for couples who have long desired the presence of a child in their family. This study aims to analyze the legal position and inheritance rights of adopted children within the local community of West Jempong, Mataram City. The research employs a descriptive qualitative method by combining a literature review with field observations to ensure the validity of the findings. The results indicate that although adopted children are socially recognized within the family structure, their inheritance rights are influenced by the applicable legal system, including civil law principles and local practices. In inheritance law, the heir as the owner of the property has the authority to determine the distribution of his or her assets. Nevertheless, the concept of the absolute share (legitieme portie) ensures that certain heirs in the direct line are legally entitled to a minimum portion of the inheritance. This study highlights the interaction between legal norms, social practices, and the position of adopted children in inheritance arrangements within the community.
Raja Ali Haji and the Demythology of King's Power in Malay-Islam Political Thought and Its Articulations Alimuddin Hassan Palawa; Muhammad Ansor; Imam Hanafi; Sofiandi Sofiandi
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol. 12 No. 2 (2025): 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.v12i2.12131

Abstract

Despite being one of the most significant political thinkers in the 19th-century Islamic Malay world, the scholarship discussing Raja Ali Haji's political ideas remains relatively limited. Existing works on Raja Ali Haji have primarily focused on his literary contributions, contextualizing them within studies of Malay manuscripts, socio-political history, sultanates, or his contributions to Malay literature in the archipelago. This article contributed to expanding the discourse on Raja Ali Haji by delving into his political thoughts concerning the relationship between rulers and the ruled through the concept of demythologizing royal authority in Malay Muslim political thought and practice. The author argued that while Raja Ali Haji's works do not directly deconstruct the Malay political culture regarding power transition systems, his political language demonstrated his creative endeavor to demythologize royal authority and power transition systems within the Malay political culture, which was rooted in lineage and the mystification of royal power. This article demonstrated that Raja Ali Haji not only encourages the demythologization of royal authority and lineage-based power transitions but also introduced rational political behavior as an articulation of modern Islamic Malay political thought.
Reconstructing Child Protection in the Digital Space: A Comparative Legal Analysis of Indonesia, Australia, and the United States Diana Tantri Cahyaningsih; Satryo Sasono
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol. 13 No. 1 (2026): 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.v13i1.14365

Abstract

Digital transformation has enabled children to become active social media users who interact through algorithmic recommendations and account-based features. In Indonesia, age restrictions largely rely on self-declared age, allowing children to access high-risk features, such as direct messaging, group chats, and live streaming, without adequate safeguards. While legal protections for children in digital environments exist, significant gaps remain in the implementation of enforceable standards related to risk classification, age verification, auditability, and compliance measurement. This study aims to evaluate the adequacy of Indonesia’s legal framework on child protection in social media governance, identify regulatory shortcomings, and propose a more operational age-based governance model through a comparative analysis of Australia and the United States. This research employs a doctrinal legal method using statutory, conceptual, and comparative approaches. The analysis focuses on Indonesian regulations governing child protection, electronic systems, and personal data protection, as well as Australia’s Social Media Minimum Age framework and the United States’ Children’s Online Privacy Protection Act (COPPA). The findings reveal that Indonesia’s primary regulatory weakness lies in the absence of technical standards linking legal obligations to measurable compliance mechanisms. Existing regulations provide broad protection mandates but offer limited guidance on platform accountability and risk-based feature governance. In response, this study proposes a two-tier age governance model that differentiates protections for younger children and adolescents, integrates privacy-preserving age-verification mechanisms, and combines co-regulatory oversight with digital citizenship education. The proposed framework offers practical guidance for developing technical audit standards, strengthening platform accountability, and enhancing the protection of children’s rights within Indonesia’s evolving digital ecosystem.
[RETRACTED] Dari Rekreasi ke Praktik Perjudian: Urgensi Pembentukan Qanun Domino di Kota Langsa, Aceh Putri Alya Zuhra Al Faerah; Kafrawi Kafrawi; Faisal Faisal; Rasyidin Rasyidin
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol. 12 No. 2 (2025): 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.v12i2.14648

Abstract

The game of dominoes (meen batee) is part of the recreational culture of the Acehnese people. However, in practice, this game has shifted into an activity associated with gambling, resulting in social, economic, and moral consequences, as well as violations of state law, customary law, and sharia law. Therefore, the Government of Langsa City needs to immediately enact a qanun specifically regulating the game of dominoes (meen batee) to ensure legal certainty and maintain public order. This study employs a normative-juridical method combined with a socio-legal approach. It examines the national and regional legal framework, including qanun and regional regulations, while integrating perspectives from social sciences, political science, and the specific characteristics of Islamic law implementation. The findings reveal that such regulation is necessary to provide legal certainty, protect the community from economic losses, and preserve cultural values and Islamic principles from distortion through gambling-related practices. Furthermore, the proposed qanun functions as both a preventive and educational instrument, addressing legal violations while fostering public legal awareness. In conclusion, the enactment of a qanun (regional regulation) governing gambling-affiliated domino games (meen batee) represents a strategic measure to strengthen regional legal order, maintain social stability, and reaffirm Langsa City's commitment to the implementation of Islamic law.

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