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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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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.
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
Analisis Putusan MK No. 6/PUU-XXII/2024 tentang Uji Materi Undang-Undang Kejaksaan dalam Perspektif Teori Keadilan Wahbah Zuhaili Fauziyah, Wiwin; Farkhani
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 11 No 2 (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.v11i2.9729

Abstract

The Prosecutor's Office plays a vital role in law enforcement as a public prosecutor, contributing to the administration of justice. This study focuses on analyzing the Constitutional Court's Decision Number 6/PUU-XXII/2024 regarding the judicial review of Article 20 of the Prosecutor's Office Law through the lens of Islamic justice principles as proposed by Wahbah Zuhaili. Employing normative legal research methods with a statute and case approach, this study relies on library-based legal materials. The findings reveal two key points: First, the Constitutional Court partially upheld the Applicant's argument, basing its judgment on Article 1 paragraph (3), Article 24 paragraph (1), and Article 27 paragraph (1) of the 1945 Constitution, which address the qualifications for appointing the Attorney General, particularly concerning individuals affiliated with political parties. Second, from the perspective of Wahbah Zuhaili's concept of justice in Islam, the decision deviates from justice rooted in transcendental values derived from the Qur'an and Hadith, as it fails to promote social welfare and collective happiness
Pertanggungjawaban Hukum Notaris Pengganti dalam Pembuatan Akta Melampaui Kewenangan di Indonesia Simangunsong, Gaby Handayani; Simamora, Janpatar
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 11 No 2 (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.v11i2.10541

Abstract

A substitute notary is a temporary official appointed to perform the duties of a primary notary during their absence, such as during leave or illness. Under Law No. 2 of 2014 concerning the Notary Office, a substitute notary holds the authority to create authentic deeds and manage protocols, similar to a primary notary. However, exceeding this authority poses significant legal risks, potentially invalidating deeds and leading to serious legal consequences. This study examines the legal responsibilities of substitute notaries in ensuring the validity of deeds they produce, emphasizing the importance of adhering to their defined authority and professional ethical standards. It aims to analyze the implications of substitute notaries exceeding their authority in drafting deeds, particularly in terms of deed validity and legal accountability. Furthermore, the research highlights the necessity of limiting substitute notary authority and implementing strict supervision to uphold the integrity of notarial practices. Using a normative legal method (juridical-normative), the study analyzes laws and regulations through a literature review and qualitative analysis of primary, secondary, and tertiary legal sources. The findings reveal that the legal liability of substitute notaries for deeds made beyond their authority encompasses civil, criminal, and administrative aspects. Such actions can render deeds invalid and cause harm to the parties involved. This research contributes to the field by providing a comprehensive understanding of the legal and ethical boundaries that substitute notaries must respect, offering insights for policymakers to enhance regulatory frameworks and supervision mechanisms. It also serves as a reference for legal practitioners and scholars to identify preventive measures and solutions to mitigate the risks associated with notarial misconduct.
Kesetaraan Gender dan Representasi Politik: Perjuangan Partisipasi Perempuan dalam Politik di Kabupaten Nagan Raya, Aceh ningsih, Firda; Melayu, Hasnul Arifin; Eriyanti , Nahara
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 11 No 2 (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.v11i2.10602

Abstract

Article 2 of Law Number 7 of 2008 concerning Political Parties jo. Article 173 Paragraph 2 of Law Number 7 of 2018 concerning General Elections mandates that political parties must include at least 30% women in their management and establishment; however, the practice of this target is not being met. The problem of this research focuses on the low participation of women in politics, both according to positive law and Islamic law, as well as the involvement of women in politics in the Nagan Raya DPRK through a fiqh siyasah analysis. This study aims to identify the level of women's political participation from the perspective of law and Islamic law and to explore the factors influencing women's political involvement in Nagan Raya. The research uses a qualitative descriptive method with a statutory approach and descriptive analysis. The research findings indicate that women's participation and position in politics are critical to the effectiveness of their role in policy formulation and decision-making within public institutions. The lack of women's participation in politics is due to the deeply ingrained patriarchal culture in society, which results in gender inequality between men and women. Women's representation in parliament to advocate for their rights and interests in decision-making or policy formulation remains very low. The contribution of this research is to provide insights into the importance of women's involvement in politics and its impact on creating more inclusive policies. This study also highlights the need to address social and cultural barriers to increasing women's political participation in Indonesia. .
Praktik Peradilan dan Kesetaraan Gender: Analisis Implementasi PERMA No. 3 Tahun 2017 di Pengadilan Syariah Banda Aceh, Indonesia Fitri, Sulis Mai; Melayu, Hasnul Arifin; Fithria, Nurul
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 11 No 2 (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.v11i2.10627

Abstract

Discriminatory treatment and gender stereotypes against women in the justice system are directly related to women's accessibility to justice. The more women experience discrimination and negative stereotypes, the more limited their access to justice becomes. The implementation of Supreme Court Regulation (PERMA) No. 3 of 2017 concerning Guidelines for Adjudicating Cases Involving Women in Conflict with the Law has not been effectively carried out. For instance, some judges in the trial process have not adhered to the guidelines set out in PERMA No. 3 of 2017. In reality, there are still judges who make belittling, blaming, intimidating statements, and use loud voices against women in conflict with the law, which can undermine women's mentality in court. In response to these conditions, the Supreme Court, as the highest judicial institution in Indonesia, has initiated steps to gradually eliminate discriminatory treatment against women in conflict with the law in judicial practices in Indonesia. This study aims to examine the efforts made by judges in implementing PERMA No. 3 of 2017 at the Banda Aceh Sharia Court and to explore the perspectives of Sharia Court judges regarding the implementation of PERMA No. 3 of 2017. The research uses a qualitative method with a field research approach. This study indicates that there are still challenges in implementing PERMA No. 3 of 2017 at the Banda Aceh Sharia Court. However, efforts are being made to reduce discrimination and negative stereotypes against women in conflict with the law. This research contributes to providing insights into the importance of implementing guidelines to reduce discriminatory treatment and offering recommendations to improve the effectiveness of PERMA No. 3 of 2017 in addressing gender discrimination issues in Indonesian courts.
Membuka Tabir Corrupt Campaign Practices Di Akhir Masa Jabatan Pejabat Politik di Indonesia Najah, Nurun; Suryani, Ani; Arianty Nazib, Cindy Novia; Haya, Ulfa Syifaul; Puannandini, Dewi Asri
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 11 No 2 (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.v11i2.10660

Abstract

Corruption is a major factor that undermines government credibility and diminishes the quality of public services. Corruption practices have evolved beyond legal issues to become part of the complex dynamics of political battles, particularly in the context of electoral processes. This study aims to analyze the forms of campaign corruption carried out by political officials at the end of their terms in office and to examine the implementation of law enforcement against political officials involved in campaign corruption in Indonesia. This research employs a normative juridical method, utilizing secondary data analysis, focusing on legal provisions related to criminal acts of corruption, especially campaign corruption, through a literature review and relevant theoretical analysis. The findings indicate that campaign corruption is a systemic issue that damages the electoral process and erodes public trust in government. Abuse of power manifests in various forms, including the use of state facilities, mobilization of government apparatus, and distribution of cash to gain support. The Indonesian government has attempted to address this issue through regulations such as Law No. 31 of 1999, Law No. 20 of 2001, and establishing the Corruption Eradication Commission (KPK). However, law enforcement efforts face several challenges, including political interference, poor coordination among law enforcement agencies, and weaknesses in the legal system that perpetrators of corruption exploit. The contribution of this research lies in identifying gaps in regulations and implementing law enforcement against campaign corruption. This study provides recommendations for strengthening inter-agency coordination, improving existing regulations, and enhancing transparency in electoral oversight, thereby supporting more effective efforts to combat corruption in Indonesia.

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