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M. YASIN AL ARIF
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INDONESIA
AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW
Published by Universitas Islam Negeri Raden Intan Lampung
ISSN : -     EISSN : 27983528     DOI : 10.24042/as-siyasi.v1i2.11343
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
As-Siyasi: Journal of Constitutional Law adalah jurnal ilmiah yang diterbitkan oleh Prodi Hukum Tatanegara (SiyasahSyar’iyyah) Fakultas Syari’ah Universitas Islam Negeri Raden Intan Lampung dalam dua periode pertahun. Jurnal ini membahas perkembangan hukum tatanegara yang dilihat dalam berbagai khasanah keilmuan dengan berbagai pendekatannya. Ruang lingkup jurnal As-Siyasi menfokuskan pada kajian HukumTata Negara dan HukumTata Negara Islam.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 74 Documents
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Pengangkatan Menteri dalam Sistem Presidensial di Indonesia Perspektif Imam Al-Mawardi Paramadina, Panggih Fadhilla; Al Arif, M. Yasin
As-Siyasi: Journal of Constitutional Law Vol. 1 No. 2 (2021): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v1i2.11401

Abstract

The election of ministers on Wednesday, October 23, 2019 by President Joko Widodo sparked public controversy, for appointing the figure of Fachrul Razi as Minister of Religion. Fachrul Razi is considered controversial, because his background comes from the military and has no history of joining a religious base. Apart from that, the fatness of the Advanced Indonesia Cabinet is undeniably a result of the fat coalition supporting the Jokowi-Ma'ruf Amin government, the fat coalition has an impact on the weak opposition which should play an important role in controlling government policies, while the fat coalition in the Advanced Indonesia Cabinet has the potential to make the decision-making process worse. The effectiveness of the decision is reduced. Because of this, the author interested in studying how the ministerial implementation should be in accordance with Law No. 39 of 2008 concerning the Ministry by using the perspective of Imam Al-Mawardi in the appointment of wazir (assistant caliphs) who are in harmony with the appointment of ministers in Indonesia. The purpose of this research is to provide a breakthrough to examine the system of appointing ministers in accordance with Islamic law. One approach that can be used as an example is to use Imam Al-Mawardi's perspective analysis in reviewing the ministerial appointment system in the government structure in Indonesia. The government structure in Indonesia through the analysis of Imam Al-Mawardi's perspective is of course in accordance with Islamic law and can be carried out by the President by always fulfilling the requirements and appointment procedures as stipulated in Law No. 39 of 2008 concerning the Ministry. The method used in this study uses two approaches to get valid results, namely the conceptual approach and the statutory approach.
Upaya Pemerintah Desa terhadap Kebijakan Pembatasan Sosial Berskala Besar di Desa Jatibaru Lampung Selatan Setiyana, Norma; Hakim, Dani Amran
As-Siyasi: Journal of Constitutional Law Vol. 1 No. 2 (2021): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v1i2.11796

Abstract

Based on Government Regulation Number 21 of 2020 concerning Large-Scale Social Restrictions in the Context of Accelerating the Handling of Corona Virus Disease 2019, it is hoped that it can suppress the spread of Covid-19. The implementation of these regulations certainly takes into account the situation and condition of an area. The method used is a descriptive qualitative field research. The analysis used is descriptive analysis method. The efforts made by Jatibaru Village, South Lampung Regency, have been implemented through the South Lampung Regent Circular Number: 442.2/0994/IV.02/2020 concerning Prevention of Corona Virus Disease (Covid-19) South Lampung Regency. The circular contains steps that must be taken in response to the development of the spread of Covid-19. These measures include school holidays, the establishment of a Covid-19 task force, postponement of activities that involve large numbers of people, providing hand washing facilities and hand sanitizers, as well as appeals to the public not to panic and continue to practice clean and healthy lifestyles. The circular letter is also a response from the regional government to Government Regulation Number 21 of 2020 concerning Large-Scale Social Restrictions or PP 21/2020 PSBB.
Kontekstualisasi Prinsip Kekuasaan sebagai Amanah dalam Pertanggungjawaban Presiden dan Wakil Presiden Republik Indonesia Hakiki, Yuniar Riza
As-Siyasi: Journal of Constitutional Law Vol. 2 No. 1 (2022): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v2i1.11813

Abstract

This study aims to analyze the contextualization of the principle of power as a mandate in institutionalizing the accountability of the President according to the 1945 Constitution of the Republic of Indonesia. This research is normative juridical, which uses secondary data. The study found that the contextualization of the principle of power as a mandate in the accountability of the President/Vice President of the Republic of Indonesia is institutionalized through a number of provisions stipulated in the 1945 Constitution of the Republic of Indonesia, including: (1) the responsibility of the President in the event of a dispute over authority between State Institutions in the Constitutional Court, as accountability for the implementation of its authority; (2) the responsibility of the President if he is suspected of violating the law and the constitution, as accountability for the actions committed; (3) The President is also responsible in cases of judicial review of the Constitution, as his responsibility in forming and enacting laws; (4) The President is also responsible in cases of reviewing statutory regulations under the Act against the Law, as his responsibility in forming and enacting laws; and (5) political accountability directly to the people 
Pengelolaan Pajak Reklame: Upaya Meningkatkan Pendapatan Asli Daerah Hudi, Moh.
As-Siyasi: Journal of Constitutional Law Vol. 2 No. 1 (2022): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v2i1.12661

Abstract

Tax is an important thing to be used as a means of carrying out government affairs, one of which is the advertisement tax. Based on Article 285 paragraph (1) letter a of Law Number 23 of 2014 concerning Regional Government, it is determined that the source of regional income consists of: regional original income which includes regional taxes. This study uses a qualitative descriptive method to get an overview and understanding of its relation to local tax revenue and management. The purpose of increasing regional tax revenues also includes increasing regional original income, so that regional taxes must always be increased to be used as much as possible in the interests of the people in accordance with the ideals of the nation, namely for the welfare of the people, the intellectual life of the nation and social justice. Advertisement taxpayers who are still not aware of their obligations to pay taxes and must also comply with applicable laws and regulations. Advertising must comply with applicable regulations cannot be installed in accordance with the wishes of the installation without heeding the applicable legal rules.
Kedudukan Kejaksaan di Indonesia: Perspektif Fiqih Siyasah Ferdika, Ario Feby; Mu’in, Fathul; Latua, Abidin; Hendriyadi, Hendriyadi
As-Siyasi: Journal of Constitutional Law Vol. 2 No. 1 (2022): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v2i1.12778

Abstract

Law Number 16 of 2004 concerning the Attorney General's Office places the prosecutor's office as an executive body, but Law Number 48 of 2009 concerning judicial power places the position of the prosecutor as a judicial body. In Islamic law, the position of the prosecutor's office is not clearly explained, but the position of the prosecutor's office can be likened to the wilayah al-hisbah. However, the position of the prosecutor's office in Indonesia is still not in accordance with the rules of Islamic law. This study aims to determine the position of the prosecutor in the institutional structure of the Indonesian state and analyze it from the perspective of siyasah fiqh. This research is a normative legal research using secondary data in the form of primary, secondary and tertiary legal materials. This study concludes that the position of the Prosecutor's Office is one of the state institutions which is not clearly explained in the siyasa dusturiyah, but the duties and functions of the Prosecutor's Office in general can be similar to the wilayah al-hisbah. The Prosecutor's Office in the general court can be found in Islamic courts, namely the Al-Hisbah Area, or it can also be called in modern language Qadha' Hisbah.  Al-Hisbah Territory  is a body that adjudicate violations of shari'a outside the court, not because of demands from the prosecution, but because of violations. Although in some respects, the Al-Hisbah Region and the prosecutor's office have differences in some tasks and places to adjudicate a case. Where in the wilayah al-hisbah tried him outside the court, while the Prosecutor's Office tried him in the trial or court.
Rehabilitasi Sosial Pecandu Narkoba Melalui Terapi Musik dalam Perspektif Hak Asasi Manusia Hasan, Zainudin; Martinouva, Rissa Afni; Kartika, Kartika; Asnawi, Habib Shulton; Hasanah, Uswatun
As-Siyasi: Journal of Constitutional Law Vol. 2 No. 1 (2022): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v2i1.12781

Abstract

Music therapy is the professional use of musical interventions and their elements in a therapeutic relationship to achieve specific goals. Rehabilitation of drug addicts through music therapy is one of the concepts of social rehabilitation by helping to recognize and accept different emotions, develop expressive abilities and self-awareness, increase self-confidence, and facilitate relaxation and reduce stress. The research method used in this research is field research. Based on research conducted by the author at the Way Huwi Narcotics Penitentiary, Lampung Province, using the concept of passive music therapy by only listening to music, the object of research tends to only reach the stage of feeling calm and not yet at the stage of changing mindset significantly to leave old habits and replace them with habits. While the activities carried out in the active music therapy process can include singing, songwriting, improvisation, and performing performances that have therapeutic elements so that the use of active music therapy tends to provide a maximum role rather than just listening. Based on the perspective of human rights, this rehabilitation is in line with the recognition of human rights in the 1945 Constitution which is contained in Article 28A, Article 28C paragraph 1 and then Article 28H paragraph 2.
Problematika Kebijakan Penindakan Pelanggaran Lalu Lintas pada Anak di Masa Pandemi Covid-19 Muhammad, Hasanuddin; Putri, Rika Rahmanisa; Zuhraini, Zuhraini; Alimuddin, Agus
As-Siyasi: Journal of Constitutional Law Vol. 2 No. 1 (2022): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v2i1.12877

Abstract

The policy problem of enforcing traffic violations by children during the Covid-19 pandemic is important to discuss based on the impact on the safety of children and the safety of others. The safety impacts are both caused by the threat of accidents and the threat to safety due to the spread of Covid-19. Specifically, this study will address the policy problems of enforcing traffic violations against children during the Covid-19 pandemic in three aspects, namely positive legal aspects, Islamic law and legal culture. This research was conducted at the Tulang Bawang Police Resort by interviewing the traffic department and studying traffic violation documents. Data analysis uses an analytical normative approach based on positive legal theory, Islamic law and legal culture. Legally, the enforcement of traffic violations by children during the Covid-19 pandemic is based on policy regulations. Legally, the policy is positive in accordance with the provisions of the Government Administration Act. According to Islamic law, the policy contains dharuriyat matters and culturally the law of children and their parents as well as law enforcement officers to put forward a culture of obeying the law.
Bagaimana Hubungan Pusat dan Daerah Pasca Penetapan Undang-Undang Cipta Kerja? Kasus Penetapan Pajak Daerah Shandy, Nabila Alif Radika; Wardhana, Allan Fatchan Ghani
As-Siyasi: Journal of Constitutional Law Vol. 2 No. 1 (2022): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v2i1.12934

Abstract

The relationship between the Central Government and Regional Governments in determining regional tax rates and regional levies has overlapping authorities after the enactment of the Job Creation Act. This study proposes two problem formulations. First, how is the relationship between the central government and regional governments in determining local tax rates after the enactment of Law Number 11 of 2020 concerning Job Creation? Second, what are the juridical implications of setting local tax rates after the enactment of Law Number 11 of 2020 on the Authority of Regional Governments? The research method used is juridical-normative by using primary, secondary, and tertiary legal materials. The approach used is a statutory and conceptual approach. The results reveal that first, the relationship between the Central Government and Regional Governments in determining regional tax rates and regional retributions after the enactment of the Job Creation Law is carried out by the Regional Government with the involvement of the Central Government. It is known that at the time of the formation of regulations in the field of regional tax rates, the Central Government can change the tax rates and levy rates by determining the nationally applicable tax and levy rates and evaluating both Regional Regulations and Draft Regional Regulations regarding taxes and levies that hinder investment ecosystems and ease of doing business. Second, prior to the enactment of the Job Creation Act, the regional government had the authority to determine regional tax rates and regional retributions, so that in this case, the decentralization system runs fully, while after the enactment of the Job Creation Act, the regional government's authority in administering the government, in particular the area of regional taxes and levies, does not fully reflect the decentralized system due to intervention from the central government.Keywords: Relations, Central Government, Local Government, Tariffs, Local Taxes
Problematika Implementasi Kebijakan Kota Bandar Lampung dalam Mewujudkan Ketentraman dan Ketertiban Umum: Perspektif Siyasah Dusturiyah Hutasuhut, Ullynta Mona; Zuhraini, Zuhraini; Hermanto, Agus; Triono, Triono
As-Siyasi: Journal of Constitutional Law Vol. 2 No. 2 (2022): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v2i2.12961

Abstract

The local government of Bandar Lampung City has enacted Regional Regulation Number 1 of 2018 on Community Harmony and Public Order with the aim of creating a peaceful and orderly environment, especially for the people of Bandar Lampung. The government faces numerous challenges in addressing societal issues, such as the presence of informal businesses or street vendors (PKL) that disrupt public order, comfort, and the city's aesthetics. These vendors use public spaces like sidewalks meant for pedestrians, parking areas, and roadside areas for their businesses, causing disorder, traffic congestion, and littering due to waste disposal. This research is descriptive in nature, using qualitative methods. The findings indicate that the government has not been able to establish firm policies for implementing sanctions and providing guidance to the community and street vendors to achieve benefits without causing harm to any party. Therefore, the effectiveness of implementing Regional Regulation Number 1 of 2018 on Community Harmony and Public Order in Bandar Lampung City can be observed as functioning well. From a siyāsah dusturiyyāh perspective, the government has not been able to formulate clear policies to achieve benefits without causing harm to any party, as explained in the fiqh principles that all matters concerning the Muslim community should lead to what is good.
Agama dan Moral dalam Pembentukan Substansi dan Struktur Hukum Rahmaningsih, Aziza Aziz; Rizqi, Retanisa
As-Siyasi: Journal of Constitutional Law Vol. 2 No. 2 (2022): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v2i2.13884

Abstract

Religious and moral relations are interrelated in the formation of a country's legal system. Religion is the initial foundation for building a moral society. In this way, religion, morals, and the state cannot be separated. A law becomes empty if it is not imbued with morality. Likewise with religion which gives color to the law to base substantive values on the public good and the upholding of justice, so that religion and morals can become elements in the development of the aspired law. This study aims to determine whether religion and morals have a role in the formation of legal substance and structure. This research is normative, studying the legal system with library research. The approach used is a historical approach, examining and studying developments regarding religion, morals, and the legal system. The study's findings indicate that the presence of religion and morality in human life has a nature, has an ontological function to regulate social life, and religion can substantively influence behavior in the formation of legal substance and structure. Morality and religion have a significant impact on the substantive formation of law. Law is formed on the basis of morality, so the effectiveness of legal products will be good, so that religion and morality create humanist and liberated laws that will help solve problems that exist in society. This study concludes that religion and morals influence the formation of substantive legal thinking and legal structure. The existence of religious and moral influences provides inspiration for the development of legal science and plays a role in creating a humanist and liberating law.

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