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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 83 Documents
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The Impact of Formal Military Militias on the Democratic Transition Process in Post-2014 Iraq Ibrahim, Shamall Ahmad; Amin, Abdulkarim Fattah; Kamaladdin, Nabaz Jamal; Agha Baba, Awat Muhammad; Mira, Ahmad Muhammad Rashid; Aziz, Aryan Sidiq
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.v2i2.14290

Abstract

One of the ways to the democratization process is through Military Forces. In this study, we identify and delve into the impact and influence of non-state armed groups on the democratization process in deeply divided societies, such as Iraqi society. At the beginning of the paper, we examine the Kurdish force (Peshmerga) and Shia armed groups (Popular Mobilization Forces – PMF) and assess their legal basis according to the Iraqi Post-2003 constitution. Furthermore, we will discuss in detail the role that these groups will play in strengthening and supporting a democratic transition. The main question in our research is to determine the role that these mentioned armed groups will play in Post-2014 Iraq, how they will contribute to preserving political stability, and also which position they will take in the democratic transition process. In this descriptive study, we employ an analytical approach to analyze the role of militias in Iraq, and a legal approach to explain the constitutional and legal articles that categorize these military forces as regular forces alongside the forces of the Iraqi Ministry of Defense. This research concludes that militias have a negative role in democratic transition, and countries must strive to dismantle these forces if they are not recognized as constitutional forces.
Re-Eksistensi Tap MPR: Potret dalam Pembahasan dan Orbit Materi Muatan Rido, Ali; Nugraha, Riko; M. Imam Nasef
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.v2i2.14402

Abstract

The re-existence of the TAP MPR has sparked academic interest, but there are still aspects that have gone unnoticed, namely those related to the study of the legislative struggle and why the TAP MPR is included in the types and hierarchy of laws and regulations. The re-existence of the TAP MPR ultimately has legal implications, so it is important to initiate the direction of its content material in the future. Therefore, this paper examines these issues with the aim of enriching the academic space for discussion regarding the re-existence of the TAP MPR. This study was carried out in a juridical-normative manner using a statutory approach and using secondary legal sources in the form of primary legal materials of the 1945 Constitution of the Republic of Indonesia, Law No. 12 of 2011 and UU No. 13 of 2022, minutes on the formation of laws and decisions of the Constitutional Court, and secondary legal materials, which include text books and law journals. This study found that the re-existence of the TAP MPR, apart from being a guideline for establishing a state in Indonesia, is also a direction so that the formation of laws and regulations does not deviate from the basis of the state. As for the future TAP MPR content model, this can be realized through beschickking and regelling. The two models of content material must be guided by strict requirements so that their formation is in line with the principle of conformity between types, hierarchies, and content material of laws and regulations. So it can be concluded that there are still various MPR TAPs that are relevant to be used as guidelines in the state, so it is important to emphasize them in the cluster of laws and regulations. Aside from being a foundation for the state to be in line with the law, it is also a direction so that the formation of the PUU under it does not deviate from the basic direction of the state.
Peranan Mahkamah Konstitusi dalam Mewujudkan Demokrasi Substantif pada Pemilu 2024 melalui Penegakan Hukum Progresif Sadzali, Ahmad
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.v2i2.14948

Abstract

The 2024 election should be a momentum towards substantive democracy. Unfortunately the decision of the Constitutional Court in 2022 regarding ministers or ministerial-level state officials not having to resign from their positions when running for president election, is considered to be a bad start to the 2024 election. This research questions how the Constitutional Court can take a role in realizing substantive democracy in Indonesia especially in the 2024 election? The method used in this study is normative legal research using a paradigmatic approach, namely progressive and historical law enforcement, namely examining previous decisions of the Constitutional Court. The results of the study conclude that the Constitutional Court should be able to take a role in realizing substantive democracy in one way through progressive law. In its history, the Constitutional Court has issued progressive decisions that support the realization of substantive democracy. Such as, for example, in the decision that eventually gave birth to a theory about general election violations, namely structured, systematic and massive (TSM) and decisions that allow the use of ID cards or passports to vote
The Shifting in the Legal Politics of Regulating the General Principles of Good Governance in Indonesian Legislation Fauzani, Muhammad Addi
As-Siyasi: Journal of Constitutional Law Vol. 3 No. 1 (2023): 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.v3i1.14970

Abstract

Prior to the enactment of Law Number 30 of 2014 concerning Government Administration, the regulation of the General Principles of Good Governance (AAUPB) was abstract in nature. With the explicit mention of AAUPB in this new Administrative Law, it is intriguing to examine it from a legal and political perspective and consider its legal consequences. This article aims to analyse the form legal political shift in the regulation of AAUPB in Indonesia and the resulting legal consequences. This study is normative juridical research using a legislative approach. The findings reveal that, first, the shift in the legal politics of AAUPB in Indonesia occurred with the issuance of Law Number 30 of 2014 concerning Government Administration. The Law Number 30 of 2014 concerning Government Administration shifted the legal politics of AAUPB, as there is a normativization in the form of AAUPB regulation in the article. Secondly, the legal consequences of the shift in the legal politics of AAUPB in Indonesia are as follows: a) the status of the principle becomes a concrete legal norm; b) it facilitates courts in judging an action of administrative officials; c) it eases the control of administrative actions; d) it simplifies public control; e) it emphasises the need for supervision of official actions; f) it guarantees civil rights through the enforcement of AAUPB; g) it prevents governmental arbitrariness.
The Intensity of The Constitution According to Dustur Saudi Arabia Arlis, Arlis; Yuherlis, Neni
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.v2i2.15186

Abstract

Types of constitution in the perspective of Dustur Saudi Arabia is the main problem of the study. Article 1 of the Saudi Arabian State states that the State of Saudi Arabia is the daulah of Islamic Arabia, its religion is Islam, its constitution the Book of Allah Ta'ala and the Sunnah of His Messenger. The existing provisions show that the constitution according to Dustur Saudi Arabia is diverse, has dynamics and intensity. The purpose of the study is to uncover the intensity of the constitution. Normative legal research is used as a method with an approach to the substance and intensity of law. The results of the study revealed that the constitution according to Dustur Saudi Arabia has a great variety with superior intensity. The variety is Nizham Al-Asasi lil-Hukm, The Qur’an, the Sunnah, and the Median Constitution. This varieties have a very close and inseparable relationship. the al-Kitab is at the highest and strongest level, followed by the Sunnah, Dustur Medina, and Nizham Al-Asasi lil-Hukm. Saudi Arabia's dustur has an intensity that is in line with maqashid al-shari'ah which includes the protection of all aspects of world life and the hereafter. The novelty is the Book of Allah was the first and foremost written constitution in the world. The conclusion is that the intensity of the constitution according to the Dustur Saudi Arabia is very strong and highest level. The al-Kitab and the Sunnah are absolutely references in formulating, establishing, and implementing the constitution and all the rules.
Siyāsah syar’iyyah and Its Application to Constitutional Issues in Indonesia Maimun, Maimun; Hakim, Dani Amran
As-Siyasi: Journal of Constitutional Law Vol. 3 No. 1 (2023): 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.v3i1.15710

Abstract

Siyāsah Syar’iyyah  (Islamic legal politics) is a political doctrine in Islam based on revealed values (Sharia), which in practice constructs state laws to regulate, control, manage, and administer the governance and politics of an Islamic state. It aims to achieve welfare and avoid harm without violating Sharia's universal principles and provisions. This study examines Siyāsah Syar’iyyah  (Islamic legal politics) towards constitutional issues in Indonesia. The method used is a literature study with a conceptual approach. Based on its nature, this research is descriptive, and the research data used is secondary. The study results show that Siyāsah Syar’iyyah is a type of siyāsah (legal policy) constructed by the ruler (ulil amri).  The formation of laws is based on religious moral values, which are applied to regulate life in society, nation, and state. Siyāsah Syar’iyyah  (Islamic legal politics) can be a part of implementing constitutional issues in Indonesia. For Indonesian Muslims in this contemporary era, Siyāsah Syar’iyyah has become necessary primarily in the political year (2023-2024) as a barometer to assess whether these issues are categorized as Islamic (‘ādilah) or not (ẓālimah).
Halal Certification for Micro and Small Businesses in Bandar Lampung, Indonesia: An Evaluation from the Maslahah Perspective Jayusman, Jayusman; Efrinaldi, Efrinaldi; Nurhayati, Agustina; Shafra, Shafra; Ningsih, Dwi Surya
As-Siyasi: Journal of Constitutional Law Vol. 3 No. 1 (2023): 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.v3i1.16313

Abstract

This study examines the implementation of halal certification for Micro and Small Enterprises based on Article 79 of Government Regulation Number 39 of 2021 on the Administration of Halal Product Assurance (PP No. 39/2021). The implementation of this regulation in Labuhan Dalam Subdistrict, Tanjung Senang District, and Bandar Lampung City has not been carried out effectively because there are still Micro and Small Enterprise products that have not been halal certified. The focus of this study is: What is the maslahah review on the implementation of Article 79 of PP No. 39/2021 regarding halal certification for Micro and Small Enterprises in Labuhan Dalam Subdistrict, Tanjung Senang District, Bandar Lampung City? The method used is field research with qualitative descriptive analysis. The primary data sources are interview results and observations with micro and small business actors who are required to have halal certification in Labuhan Dalam Subdistrict, Tanjung Senang District, Bandar Lampung City, and BPJPH employees of the Lampung Provincial Office of the Ministry of Religion in the Halal Task Force. The conclusion of the study is that, from the maslahah perspective, Article 79 of PP No. 39/2021 has not been well implemented in Labuhan Dalam. This is because the government, BPJPH, has not fully carried out its duties to execute its tasks and authorities to provide information, education, and socialization related to the obligation to have halal certification to micro and small business actors, as well as the lack of awareness of micro and small business actors regarding the obligation to have a halal certificate. This naturally brings harm to micro- and small-scale businesses and the community. 
Recentralization of Regional Authority: Legal Implications of the Enactment of Emergency Law Number 2 of 2022 on Job Creation in Regional Autonomy Maulidi, Mohammad Agus
As-Siyasi: Journal of Constitutional Law Vol. 3 No. 1 (2023): 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.v3i1.16484

Abstract

The Enactment of Emergency Law Number 2 of 2022 on Job Creation(Job Creation Emergency Law) brings significant juridical implications to the implementation of decentralisation in Indonesia. This research aims to analyse the form of recentralization policy in the Job Creation Emergency Law and the implications of the recentralization policy in the Job Creation Emergency Law on the implementation of regional autonomy in Indonesia. Employing a normative juridical research method, and conceptual and statutory approaches, this research concludes: firstly, there are at least three forms of recentralisation following this Emergency Law, including health policy based on Law Number 36 of 2009 concerning Health, repositioning of the status and relation of the central and regional governments related to the role of regional governments in implementing or establishing legislation which should be interpreted as the execution of presidential authority, and the centralisation of business licencing that shifts the mechanism and system of business licences to the centre; secondly, the emergency Law Number 2 of 2022 on Job Creation threatens the success of the implementation of regional autonomy. The success of regional autonomy, which can be measured by the independence of the regions in the sense of reduced dependency on the central government and the ability of the regions to enhance their economic capabilities, is increasingly jeopardised by the Job Creation Emergency Law, which substantially contains recentralization policy. However, in the context of business licencing, there exists an anomaly in the form of eased licencing expected by centralising the system and mechanisms, thus opening the tap to investment, which in turn will boost not only the national economy but also the economies of the regions where the businesses operate
The Yazidi Genocide in the Court of Frankfurt an Analytical Legal Study on The Case of Taha Al-Jumaili Ahmed, Awara Hussein
As-Siyasi: Journal of Constitutional Law Vol. 3 No. 1 (2023): 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.v3i1.16724

Abstract

The Yazidis are one of the oldest ethnic and religious communities originating from the Middle East. The majority of Yazidis reside in northwestern Iraq, in the areas around Mount Shingal and the Shekhan district. Throughout their history, Yazidis have faced genocide and many international crimes, most notably the 2014 Genocide by the Islamic State in Iraq and Syria (hereafter referred to as ISIS or IS), which had a significant international impact. The United Nations has recognised these atrocities as genocide in several of its reports. Moreover, several ISIS perpetrators have been prosecuted in various states. However, the verdict of the Frankfurt regional high court in Germany (hereinafter referred to as the Frankfurt Court) to sentence Taha Al-Jumaili is considered the first decision acknowledging crimes against Yazidis as genocide based on absolute universal jurisdiction and, from a legal perspective, as a result of intensive efforts. This research aims to conduct a clear legal evaluation of the Frankfurt court's decision to sentence Taha Al-Jumaili and compare it with internationally recognised criminal law standards. The method used is a legal analysis method to examine the relevant international conventions, laws, and court rules. The research findings indicate that the aforementioned decision has a valuable legal basis, as the Frankfurt Court, in its decision, concluded that Genocide can be committed by killing just one person if the legal conditions of Genocide exist in the crime, which they did in the case of Taha Al-Jumaili. In this sense, a genocide crime can be committed by killing a single person. Taha Al-Jumaili's criminal liability was the murder of a Yazidi girl, and he received a life sentence as a Genocide criminal. This sentence is in line with internationally recognised criminal law standards.
Institutional Design of the Corruption Eradication Commission (KPK) Post-Constitutional Court Decisions Number 70/PUU-XVII/2019 and Number 79/PUU-VII/2019 al Arif, M. Yasin
As-Siyasi: Journal of Constitutional Law Vol. 3 No. 1 (2023): 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.v3i1.16947

Abstract

Following the ratification of Law Number 19 of 2019 concerning the Corruption Eradication Commission, many parties were disappointed with the institutional design constructed in that law. Therefore, a judicial review was filed against the law with the Constitutional Court. This article aims to understand the institutional design of the Corruption Eradication Commission after the issuance of Constitutional Court Decisions Number 70/PUU-XVII/2019 and Number 79/PUU-VII/2019. In case Number 70/PUU-XVII/2019, the petitioner not only submitted a request for material testing but also a formal request, while in case Number 79/PUU-VII/2019, the petitioner only submitted a request for material testing. This paper seeks to answer two important questions: what are the legal consequences of Constitutional Court Decisions Number 70/PUU-XVII/2019 and Number 79/PUU-VII/2019? And what is the institutional design of the Corruption Eradication Commission following the issuance of Constitutional Court Decisions Numbers 70/PUU-XVII/2019 and Number 79/PUU-VII/2019? The study concludes that the consequences of these Constitutional Court decisions, including wiretapping, searches, and/or seizures carried out by the Corruption Eradication Commission, do not require permission from the Supervisory Board. The transition process of the Corruption Eradication Commission's employee status should not disadvantage anyone, and the two-year time calculation in case of investigation termination starts from the issuance of the Investigation Initiation Letter (SPDP). The institutional design of the Corruption Eradication Commission established after this decision includes the position of the Corruption Eradication Commission in the state institutional structure, the position of the Corruption Eradication Commission's employees, and the authority of the Corruption Eradication Commission's Supervisory Board.

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