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David Aprizon Putra
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Umea' Jurnal IAIN Curup Jl. Dr. AK Gani No. 01 Curup, Curup Utara,Rejang Lebong Bengkulu, Indonesia
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INDONESIA
NEGREI: Academic Journal of Law and Governance
Published by Institut Agama Islam Negeri Curup
ISSN : 16148429     EISSN : 16148423     DOI : http://dx.doi.org/10.29240/negrei.v1i2
Core Subject : Religion, Humanities, Social,
Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
Negrei : Academic Journal of Law and Governance established since 2021 based on SK Rector of IAIN Curup Number : 0108/In.34/R/KP.07.6/01/2021 of 20 June 2021. The journal aims to provide for legal and politic scholars and practitioners to accept and give constructive criticism to enhance their expertise in the form of legal and political research on law and political issues. Particularly on philoshophy and theory of law and governance. With a current issues is constitutional law, administration law, international law, private law, economic law, comparative law, cyber law, sociology of law, agrarian law, human rights law, govermental studies, international politic and local politic study. This journal is published by Institute Agama Islam Negeri ( IAIN Curup ) in two editions yers around with the first edition published on May and the second edition published on November.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 58 Documents
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The Relationship Between Religion and The State in Indonesia, and Its Relation to Islamic Law Ahmad Hamidi; Asasriwarni Asasriwarni; Ikhwan Matondang
NEGREI: Academic Journal of Law and Governance Vol 2, No 1 (2022)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v2i1.3783

Abstract

The relationship between religion and the state has become an actual and dynamic discourse in every phase of the development of civilization, both in the West and in the East. The debate revolves around the question of the form of the state, whether it is integral, symbiotic, or secular. Departing from this discourse, this study examined the existence of the relationship between religion (Islam) and the state in Indonesia. The approach used was Martin Heidegger's hermeneutics, while the study method used was a comparative method. The results of this study indicate that historically-normatively, the Prophet SAW had formulated the State of Medina based on the Medina Charter which spirit was based on the texts of the Qur'an, not an Islamic state based on the literal Qur'an. The scholars who became the founders of the Indonesian state had also formulated Pancasila as stated in the Preamble to the 1945 Constitution of the Republic of Indonesia as the ideal building for establishing relations between religion and the state in Indonesia, so that religion and the state could develop dialectically. The substance of religious norms was applied after promulgation and in accordance with Pancasila and the 1945 Constitution of the Republic of Indonesia. Therefore, the ideal relationship between religion and the State could be built based on a symbiotic or dynamic-dialectical typology.
Juridical Overview of the Position of the Regional Representative Council (DPD) of the Republic of Indonesia in the Legislation System in Indonesia David Aprizon Putra
NEGREI: Academic Journal of Law and Governance Vol 2, No 1 (2022)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v2i1.4607

Abstract

The establishment of the Regional Representative Council (DPD) is also intended to reform the structure of representation in Indonesia into two chambers (bicameral), so that the People’s Consultative Assembly (MPR) consists of the DPR and DPD. With this bicameral structure, it is hoped that the legislative process can be carried out based on a double-check system that allows the representation of the interests of all the people to be relatively distributed on a broad social basis. This research is a normative juridical research, trying to explore and analyze problems using a conceptual approach and legislation.  It is strongly felt that the functions and powers as stated in Article 22 D of the 1945 Constitution after the amendments are difficult to realize the aims and objectives of the establishment of the DPD RI, especially with the provisions in the MD3 Law and the PPP Law. However, now after the issuance of the Constitutional Court of Indonesia’s decision stating that the provisions in the MD3 Law and the PPP Law related to the DPD's authority were declared contrary to the Constitution, now the DPD has an equal position and has equal rights and obligations with the DPR and the President in terms of formulating legislation. With this equal position, the DPD can submit a Draft Law (RUU) related to the region, which includes autonomy, financial balance between the center and the regions, the relationship between the central and regional governments, the formation and expansion and amalgamation of regions, as well as natural resource management. It is hoped that after the decision of the Constitutional Court, the performance of the DPD, especially in the service of forming regulations related to autonomy and development. After the decision of the Constitutional Court, the performance of the DPD, especially in the service of forming regulations related to autonomy and development, is expected
Human Rights for The Elderly Group in Indonesia: Elderly in The Era of Covid 19 Anang Darwisyi Baidhowi
NEGREI: Academic Journal of Law and Governance Vol 2, No 1 (2022)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v2i1.3629

Abstract

The 1945 Constitution essentially guarantees that every citizen in national development in all aspects of life "promotes general welfare and social justice". Among the achievements of general welfare is the realization of better public health. The implication is that the life expectancy of the Indonesian population is increasing and the number of elderly or elderly people is increasing. However, the bad news regarding the Coronavirus Disease-19 (Covid-19) pandemic is that the elderly are vulnerable to being exposed to Covid-19. The data from the World Health Organization (WHO) shows that more than 95% of deaths occur at the age of 60 years or older (WHO, 2020). How is the elderly social protection provided by the government and society's elderly social institutions during the Covid-19 pandemi?, and what is the urgent need for these elderly social institutions in protecting the elderly during the Covid-19 pandemic? The methodology in this study uses a mixed method rapid study approach. Creswell interprets it as a research method characterized by the collection of quantitative data in the first stage, then followed by the collection and analysis of qualitative data in the second stage in order to support the results of the quantitative research conducted in the previous stage. The conclusion of this study states that the elderly have the right to obtain maximum protection. Ministry of Social Affairs R.I. as a government mandatory for the realization of the welfare of the elderly has an important and strategic role in this. For this reason, the Ministry of Social Affairs needs to continue to develop policies for the protection of the elderly according to contemporary dynamics. The study is an important instrument for developing policies, in this case the protection of the elderly. In this regard, the Center for Social Welfare Research and Development views the urgency of conducting a study on "Social Protection of the Elderly during the Covid-19 Pandemic in Government and Community Elderly Social Institutions" as an information and input for the development of the intended elderly protection policy.   
The Impact of the ASEAN Way and We Feeling Concepts on Indonesia's Involvement in Strengthening Regionalism Novita H Sari; Irma Indrayani
NEGREI: Academic Journal of Law and Governance Vol 2, No 1 (2022)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v2i1.4584

Abstract

Indonesia is an inseparable part of a regional organization in the Southeast Asia region, namely ASEAN. The role of Indonesia also determines the movement of the ASEAN regional organization and strengthens ASEAN's position in the world view. The production of a Plan of action for the three main pillars of the ASEAN community, namely the ASEAN Security Community, the ASEAN Economic Community, and the ASEAN Socio-Cultural Community listed in the Bali Concord II which is the basis of ASEAN's future work, is one proof of Indonesia’s role in strengthening regionalism. At the time of the establishment of the ASEAN Community, it was necessary to have a sense of community among its members, so that then ASEAN organizations were required to have a sense of belonging (We Feeling) in their organization to continue to ensure the sustainability of the community in the Southeast Asia region. This paper aims to examine the contribution of interregionalism involving Indonesia as a member state of the ASEAN community in its involvement and role in strengthening regionalism through the concept of the ASEAN Way and We Feeling. This paper follows the theoretical argumentation of the concept of transactionalism, which states that intense and extensive interaction among regional actors is very important to produce a fundamental “We Feeling” foundation for the formation of regional organizations. Departing from this conception, this paper sees that the ASEAN Way factor as a universal norm of the ASEAN community provides a forum as well as boundaries for Indonesia's involvement in order to strengthen regionalism in the region. This can be seen through the non-intervention policy in the ASEAN Way, in which Indonesia is politically restricted from being involved in the internal affairs of other community members.
Government System of the Islamic Kingdoms of the Archipelago (Case Study: Sultan’s Appointment, Authority, and Exemplar of Former Pekal Kingdom, Mukomuko) Etry Mike
NEGREI: Academic Journal of Law and Governance Vol 2, No 1 (2022)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v2i1.4903

Abstract

Bengkulu Province used to have a number of small kingdoms as stated in historical records before 1685, namely the Empat Petulai Kingdom also known as the Depati Tiang Empat Kingdom with its Rajo Depati dwelled in the Bukit Barisan Mountain in Rejang Lebong Regency, on the coastal area of Bengkulu, the Sungai Serut Kingdom, the Selebar Kingdom in the Lembak area of North Bengkulu, the Sungai Lemau Kingdom in the Pondok Kelapa area of North Bengkulu, and the Anak Sungai Kingdom in Muko-Muko. This is field legal research. This research employs legal and historical research with the statute, historical, and comparative approaches. The specification of this research is descriptive-analytical. These small kingdoms did not form a state with absolute power. The kingdom consisted of hamlets led by a chief elected by the residents and the hamlet heads voluntarily joined the kingdom, where the King was the symbol of unity. The kingdom of the Anak Sungai Muko-Muko in its recent development declared itself the Sultanate of Pekal on July 29, 2017. The Supreme Chief of Kaum consists of seven clans in the community who inhabit the Pekal area, administratively occupying the Ipuh and Ketahun sub-districts in the district of Muko-Muko, Bengkulu Province. It is interesting to research this kingdom because it is the only former kingdom in Bengkulu included in the Yayasan Kerajaan Kesultanan Nusantara (YKKN).   
Application of Restorative Justice in the Crime of Theft Dina Safitri
NEGREI: Academic Journal of Law and Governance Vol 2, No 2 (2022)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v2i2.5854

Abstract

The concept of restorative justice is also implemented in the Prosecutor's Office of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice . The concept of restorative justice is also implemented in the Prosecutor's Office of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice . The Tulang Bawang District Prosecutor's Office, Lampung, Indonesia has implemented restorative justice for the crime of petty theft committed by the defendant with the initials BC based on the Decree on Termination of Prosecution of the Head of the Tulang Bawang District Prosecutor's Office Number: PRINT- 01/L.8.4.18/Eoh.2/ 01/2022 dated 27 January 2022 (RJ-14). The purpose of this study was to find out the legal arrangements regarding restorative justice in the settlement of petty theft cases, to find out the application of restorative justice in the settlement of petty theft cases at the Tulang Bawang District Prosecutor's Office, and to find out the obstacles for the Tulang Bawang district attorney to implement restorative justice. in the crime of petty theft committed by Defendant BC. The research method used is a normative method using a juridical approach by managing primary legal materials, secondary legal materials and tertiary legal materials. The results of the study show that the legal arrangement regarding restorative justice in the settlement of cases of minor theft crimes is Perma Number 2 of 2012 concerning Adjustment of Limits for Minor Crimes which prioritizes restorative justice Police Circular Letter Number SE/8/VII/2018 concerning Application of Restorative Justice ). The application of restorative justice in the settlement of cases of minor theft crimes at the Tulang Bawang District Attorney is guided by the Republic of Indonesia Attorney General's Regulation No. 15 of 2020 because the defendant is the first time he has committed a crime. Obstacles for the Tulang Bawang District Prosecutor's Office in implementing restorative justice in the settlement of cases of minor theft crimes are that there are negative views and a lack of knowledge regarding community restorative justice, the large number of cases of theft that cannot be applied to restorative justice and the duration of time for making peace is too short.
Standardization of Indonesian anti-unemployment laws in accordance with ILO Conventions Beny Saputra; Olivér Bene
NEGREI: Academic Journal of Law and Governance Vol 2, No 2 (2022)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v2i2.5228

Abstract

The Covid-19 epidemic precipitated a substantial recession ranging from 4.4% to 5.2%. The labor market is one of the most impacted industries, as seen by the high rate of layoffs. The government has created a job loss insurance system as part of its broader protection against unemployment program to counteract this eventuality. This study examines the standardization of Jaminan Kehilangan Pekerjaan (Job Insurance Scheme) in Indonesia in accordance with the ILO Convention No. 168 and its goals. Comparative law is the method employed in this study. In analyzing legal materials, this study use qualitative descriptive analysis in conjunction with ILO convention's main factor and aim. This analysis determined that the JKP or Job loss insurance plan in Indonesia meets five main ILO Convention principles and goals.
The legal consequences of the criminal acts signature in the deed of land purchase in front of the land deed official Wim Fadel Azmilhuda
NEGREI: Academic Journal of Law and Governance Vol 2, No 2 (2022)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v2i2.5797

Abstract

Everyone needs evidence regarding a right and an event that occurred. In practice, the Official for Making Land Deeds is an official who is given the authority by government regulations to make authentic deeds. An authentic deed is a proof that is perfect, complete and binding, so that the truth of the things written in the deed must be acknowledged for its truth. An authentic deed contains statements from the parties which are used as the basis for making an authentic deed. Problems arise when the contents of the deed are not in accordance with reality, because there are parties who falsify the signatures in the Sale and Purchase Deed made by the PPAT. The research in this article is normative by using literature studies, documents studies, studies and existing decision studies. With this research, it is hoped that we can find out the legal consequences of forging signatures in the land sale and purchase deed and find out the legal remedies that can be taken when carrying out fake signatures in the land sale and purchase deed.
Implementation of Official’s Mutation in Bengkulu’s Government: Fiqh Siyasah Perspective Miinudin Miinudin; Mia Audyna
NEGREI: Academic Journal of Law and Governance Vol 2, No 2 (2022)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v2i2.5281

Abstract

Implementation of the mutation of officials was carried out by the Mayor of Bengkulu, which based on a case study that occurred in 2018, the mutation was considered to violate the law and was also considered to be legally flawed and not in accordance with existing regulations. The purposes of this study include: (1) To explain the implementation of mutations in the government of Bengkulu City. (2) To analyze the views of fiqh siyasa on the implementation of the Bengkulu City transfer. The method used in writing this journal is field researchusing qualitative methods. The technique used in collecting data is by observing, interviewing, and documenting. The data analysis used in this study is qualitative analysis using deductive reasoning methods, namely describing general matters and then drawing specific conclusions according to the problems discussed in this study. The results of this study found that in practice, the transfer of officials in the Bengkulu City government had not been carried out properly, as evidenced by case studies of violations that occurred in 2018 and 2019 where the replacement of officials was carried out without written approval from the Minister of Home Affairs. Meanwhile, in the fiqh analysis, siyasah is known as the wizarah namely as a person who is an assistant to the head of state with authority or power in the field of government. And in practice it is still contrary to the principle of wizarah where every assistant to the caliph must pay attention to the rules and regulations that have been set.
The Law Between Secularism and Theology Ibnu Amin
NEGREI: Academic Journal of Law and Governance Vol 2, No 2 (2022)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v2i2.5282

Abstract

This study aims to describe the legal nature between secularism and theology. The research method used is a literature study with a qualitative descriptive approach using content analytics. The results of the research are secularism and theology is part of the school of natural law (kodrati). Secularism i.e. the rejection of religious thought from life even denies the existence of God from the reality of life whereas the center of life through reason and even secularism can resemble a new religion, hence the law is secular based solely on the will of the people's reason alone. That the legal nature of the theological dimension in the Islamic perspective, namely the narrative based on the revelation of Allah and the Sunnah of the Apostle, shows that a set of rules is extracted from and based on the revelation of the Quran and Sunnah. Law in Islam is seen as having two dimensions, namely Shari'a and fiqh. Sharia is fundamental and absolute values, impossible to change, while jurisprudence is a special field formulated by fuqaha'. Secularism in the sense of rationalism in Islam has always been guided by nash which is like thinking of a mujtahid, so the result is not too far from the truth values that nash teaches. Western rationalism, on the other hand, relies solely on the ability of reason alone, so that it is often found that a law is finally amended again because it is incompatible with the values of justice, good and bad.

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