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M. YASIN AL ARIF
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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 74 Documents
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The New Family Arrangements to Overcome Traditionalism: Pluralism and the Concretisation of Fundamental Rights in Brazil Maliska, Marcos Augusto; de Jesus, Marilaine Moreira
As-Siyasi: Journal of Constitutional Law Vol. 3 No. 2 (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.v3i2.17969

Abstract

Traditionalism is an ideology that advocates for a government founded on principles surpassing mere human and individual aspects. In traditional symbolism, the supernatural principle is regarded as masculine and feminine. Traditionalism underscores the necessity for the family entity to acknowledge the metaphysical dyad distinguishing the masculine from the feminine, contending that the sole legitimate family form is constituted by the union of a man and a woman and their offspring. This paper examines the shift from traditionalism to constitutional pluralism within family entities. It aims to comprehend how constitutional pluralism acknowledges the diversity of family forms and facilitates societal changes in the concept of the family while circumventing state censorship and bolstering individual liberty. The approach utilized is one of normative juridical inquiry. The study reveals that new family structures, rooted in constitutional pluralism, foster the displacement of traditionalism, thereby establishing a new paradigm for interpreting the concept of the family as defined by the Constitution. Traditionalism, having historically occupied a dominant stance regarding the family, yields to pluralism. Realizing fundamental rights ensures the diversity of family entities, including the traditional family's rightful claim to existence. Viewed from the vantage point of a pluralistic family constitutional framework, traditionalism should not be perceived as antagonistic to pluralism but rather as one of its valid manifestations, a legitimate approach to experiencing life and perceiving the world
The Priority of Application Regarding the Inheritance Provisions Differed between the Iraqi Personal Status Law and the Amended Law in the Kurdistan Region Baram, Sadi Hassan
As-Siyasi: Journal of Constitutional Law Vol. 3 No. 2 (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.v3i2.18440

Abstract

This research examines the conflict arising from the differences in legal texts between the existing Iraqi Personal Status Law and the frequently amended laws in the Kurdistan Region. Furthermore, the issuance of amendments by the Kurdistan Region has exacerbated this conflict, leading to confusion and disputes between the two legal frameworks. The uncertainties surrounding the rationale behind these amendments have raised questions and doubts among legal practitioners and researchers, prompting a conservative approach within the courts. This study addresses and resolves these uncertainties by employing a comparative and analytical methodology. With a focus on constitutional and legal standards and the principle of justice, the research aims to clarify the applicability of either law. By undertaking this comprehensive analysis, the study endeavors to eliminate perceptions of ambiguity and hesitation, thereby contributing to a more cohesive legal landscape in the region. The research results show the fundamental difference between the Iraqi Personal Status Law and the amended law in the Kurdistan Region in matters of inheritance, specifically centered on the obligatory will and the wife's inheritance, and the Kurdish legislator made amendments in both issues, considering that amending federal laws is guaranteed to the regions by constitutional texts as long as they do not conflict with the constant provisions of Islam and the principles of democracy. This is not considered a departure from the 2005 Iraqi constitutional framework because the Federal Supreme Court, in its capacity as supervisor of the constitutionality of laws.
Constitutionality of Replacing Judges Mid-Term and Its Implications on the Independence of the Constitutional Court, Indonesia Hayya, Nur Mila; _, Rosmini; Nugraha, Harry Setya
As-Siyasi: Journal of Constitutional Law Vol. 3 No. 2 (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.v3i2.18683

Abstract

This research examines the legal problems surrounding the dismissal of Aswanto as a judge of the Constitutional Court of the Republic of Indonesia (MKRI), where the dismissal is deemed inconsistent with the prevailing laws and regulations. This study employs a doctrinal research type with a normative juridical approach through the examination of legislation and conceptual understanding to scrutinise the constitutionality of the replacement of constitutional judge Aswanto by the People's Representative Council (DPR) and its implications on the independence of the Constitutional Court. The findings suggest that, firstly, the replacement of Judge Aswanto during his tenure by the DPR is an unconstitutional act as it does not align with the constitution. Secondly, this replacement has implications for weakening the independence of the Constitutional Court, including constitutional independence, functional independence, personal independence, and evident practical independence. Therefore, the President needs to annul Presidential Decree Number 114/P/2022 and restore Judge Aswanto to his original position. Additionally, to prevent the misuse of power, further limitations and elaborations are required regarding the DPR's supervisory function over the judiciary, in this case, the Constitutional Court, in accordance with the system of checks and balances.
Implications of Bawaslu's Interpretation of the Constitutional Court Decision on the Eligibility of Former Convicts as Regional Head Candidates in Local Elections Syarifudin, Ahmad; Septiani, Dini Lionita
As-Siyasi: Journal of Constitutional Law Vol. 3 No. 2 (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.v3i2.19432

Abstract

The Constitutional Court, in Decision No. 56/PUU-XVII/2019, reviewed Article 7 paragraph (2) letter g of the Local Election Law, setting a five-year cut-off period for prospective regional head candidates who have been sentenced to five years in prison or more. The General Elections Commission (KPU) subsequently implemented this in Regulation 9 of 2020. However, instead of adhering to the Constitutional Court’s (MK) decision and the regulation, the South Lampung General Election Supervisory Agency (Bawaslu) reinterpreted the provision stipulated in Decision No. 001/PS.REG/18.1803/IX/2020 approved a former convict previously declared Not Eligible (TMS) by the South Lampung KPU. This research examines the differing understandings of the eligibility of former convict candidates for regional head positions post the MK Decision No. 56/PUU-XVII/2019 by the South Lampung Bawaslu and its implications for the future conduct of Regional Head Elections. This normative legal study uses a case approach, focusing on MK Decision No. 56/PUU-XVII/2019 and Bawaslu Decision No. 001/PS.REG/18.1803/IX/2020. The findings reveal that the South Lampung Bawaslu misunderstood by reinterpreting the explicit provisions of Article 7 paragraph (2) letter g of the Local Election Law. This was exacerbated by using two conflicting methods of interpretation simultaneously. The implications of the South Lampung Bawaslu Decision could create legal uncertainty and the possibility of former corruption convicts slipping through as candidates, signifying a failure to ensure regional head candidates are honest, clean, and of high integrity.
The Problems in Implementing the Function of the Integrated Law Enforcement Center (Gakkumdu) as an Election Law Enforcement Institution Faizal, Liky
As-Siyasi: Journal of Constitutional Law Vol. 3 No. 2 (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.v3i2.19553

Abstract

The Integrated Law Enforcement Center, hereinafter referred to as Gakkumdu, is the center of law enforcement activities for election crimes consisting of elements. The purpose of establishing Gakkumdu is to encourage the election judicial process to take place quickly and accurately. This research aims to analyze the implementation of the Sentra Gakkumdu function in Lampung Province and the inhibiting factors in the implementation of the Sentra Gakkumdu function in election law enforcement in Lampung Province. The results showed that the implementation of the function of the Sentra Gakkumdu in law enforcement of election criminal offenses by the Sentra Gakkumdu in the elections in Lampung Province was ineffective. This can be seen from the many cases handled; not all of them have been followed up on by the Gakkumdu center. The main problem in implementing the law enforcement function of election crimes by the Gakkumdu center is that there are often differences in legal perceptions among Gakkumdu members in determining whether a violation meets the elements of an election violation.
The Existence of Qanun Jinayat: Legislative Efforts to Integrate Islamic Law into National Law Fauzi, Muhammad Rusydan; Wijaya, Putra Arya; Yuniarsih, Rina Isti; Najmudin, Deden
As-Siyasi: Journal of Constitutional Law Vol. 4 No. 1 (2024): 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.v4i1.20044

Abstract

Islamic law, derived from the teachings of the Qur'an and Hadith, plays a significant role in various countries with a majority Muslim population. Indonesia, the country with the largest Muslim population in the world, has experienced fluctuations in the integration of Islamic law within its national legal system. This dynamic has led to the legislative incorporation of Islamic law into the national legal framework as an expression of religious obedience in fulfilling the principles of Sharia. This legislative effort is manifested in Aceh's Qanun Jinayat, implemented in the Nanggroe Aceh Darussalam Province. This study aims to examine the existence of Aceh's Qanun Jinayat within the national legal system following the legislative integration of Islamic law. This research employs a normative legal approach, utilizing juridical-normative methods, with data collection based on the study of primary, secondary, and tertiary legal materials. The findings of this study indicate that the existence and implementation of the Qanun Jinayat in Aceh aim to preserve security and welfare as stipulated in the Aceh Qanun Jinayat. This is mainly due to the Islamic law legislation framework, which grants the Nanggroe Aceh Darussalam Province the authority to apply Islamic legal principles through regional autonomy.
Three-Term Presidency: The Perspectives from Democracy and Maslahah Mursalah Rizqi, Retanisa
As-Siyasi: Journal of Constitutional Law Vol. 4 No. 1 (2024): 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.v4i1.21169

Abstract

The presidential and vice-presidential elections on February 14, 2024, raised a significant issue: the debate over the three-term presidency, which sparked considerable controversy among the public. This study examines the concept of the three-term presidency from the perspectives of democracy and Maslahah Mursalah. This research employs normative legal research with a descriptive approach, utilizing qualitative methods. The study focuses on Article 7 of the 1945 Constitution, analyzing it from the viewpoint of democracy. Furthermore, the Islamic legal analysis is analyzed with Maslahah Mursalah. The findings of this study indicate that the limitation of the presidential term to two periods, as stipulated in Article 7 of the 1945 Constitution, is beneficial and does not threaten democracy. Furthermore, from the perspective of Maslahah Mursalah, the analysis of benefits (maslahah) and harms (mafsadah) suggests that extending the presidential term to three periods would result in greater harm than benefit. Thereby, rendering it inadvisable and potentially threatening to public welfare.
Sexual Violence Crime Reform in Indonesia: Political and Legal Characteristics of Its Formation Abshar, Rijal Ulil
As-Siyasi: Journal of Constitutional Law Vol. 4 No. 1 (2024): 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.v4i1.21172

Abstract

Handling sexual violence and gender-based violence remains a significant issue in Indonesia. The state plays a crucial role in ensuring the enforcement of laws against sexual violence by enacting Law Number 12 of 2022 concerning Sexual Violence Crimes (UU TPKS). This study aims to identify the legal characteristics of UU TPKS. The study employs the literature review method. This research is descriptive-analytic, focusing on normative juridical legal research. The results show that the state is obliged to provide human rights protection, particularly in the context of eliminating sexual violence. UU TPKS is characterized as a responsive legal product. It fulfils the state's duty to provide comprehensive legal protection, encompassing prevention, resolution, and mitigation of both psychological and material losses suffered by victims of sexual violence due to the introduction of new formulations regarding sexual violence crimes that were not present in previous legislation. The criminal law reform in UU TPKS aims to change the existing legal substance to enhance the effectiveness of law enforcement, address crime, and tackle social and humanitarian issues. UU TPKS will become the primary and foremost special regulation in combating Sexual Violence Crimes, complementing the existing legislation that previously regulated the substance of sexual violence crimes.
Implementation of Religious Services Policy for the Elderly in South Sumatera: Analysis of Fiqh Siyāsah Tanfidziyah Aprelia, Refita; Nurhayati, Agustina; Santoso, Rudi; Zaharah, Rita
As-Siyasi: Journal of Constitutional Law Vol. 3 No. 2 (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.v3i2.21222

Abstract

The implementation of social welfare and religious services for the elderly, in practice, involves various activities that must align with their religious beliefs. Ogan Komering Ulu Timur Regency in South Sumatra, as the implementing unit represented by the Department of Social Affairs, has the responsibility to identify the religious and spiritual needs of the elderly through planning, supervision, and the execution of religious and spiritual programs. This research aims to analyze the implementation of Article 6 of Government Regulation Number 43 of 2004 regarding the Implementation of Efforts to Improve the Social Welfare of the Elderly from the perspective of fiqh Siyāsah tanfidziyah in Ogan Komering Ulu Timur Regency, South Sumatra. The research method employed is field research, conducted by collecting data from the research location. The results indicate that the Department of Social Affairs has fulfilled its duty as the responsible government body by implementing various efforts to fulfill the spiritual needs of the elderly, although not entirely maximized due to several challenges. These challenges include the need for a deeper focus on individual religious preferences, the enhancement of religious program variations, and the search for solutions to overcome limited available resources. From the perspective of Siyāsah tanfidziyah, the government and stakeholders can ensure that religious and spiritual mental services for the elderly truly contribute to improved social welfare, as emphasized by the Quranic verse Q.S An-Nissa 58, underlining the importance of safeguarding trust and establishing fair laws.
A Review of Maslahah on Salah Aku Apa Program by the Disdukcapil of South Solok Regency, Indonesia Shafra, Shafra; jayusman, jayusman; Putra, Andi Eka; Bunyamin, Mahmudin; Dilla, Dilla
As-Siyasi: Journal of Constitutional Law Vol. 4 No. 1 (2024): 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.v4i1.21515

Abstract

This study examined the innovative program Salah Aku Apa, initiated by the Disdukcapil (Population and Civil Registration Office) of South Solok Regency, West Sumatra. It was analyzed through the theory of maslahah (public benefit). The research was motivated by the achievements of the Disdukcapil of South Solok Regency, which received an award as a high-category (green) Public Service Organizer unit from the Ombudsman of the Republic of Indonesia. This study aims to analyze the maslahah perspective on the Salah Aku Apa program from Disdukcapil of South Solok Regency. The research method employed was field research with a descriptive-analytical nature. The primary data was obtained through interviews with several relevant parties, complemented by secondary data. The data collecting techniques were interviews, documentation, and observation, followed by inductive analysis to conclude. The program was proven to provide convenience to the community. It was considered friendly to mothers and children, as it facilitated the process for mothers who had recently given birth to obtain civil registration documents for their newborns. The study concluded that the "Salah Aku Apa" innovation program, initiated by Disdukcapil of South Solok Regency, was appropriately implemented and provided benefits in public administration. It aligned with the principle that the ruler's management of the people should be based on public benefit.

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