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M. Chaerul Risal
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Jurnal Al Tasyri'iyyah
Published by Universitas Islam Negeri Alauddin Makassar
ISSN : 28279255     EISSN : 28279069     DOI : https://doi.org/10.1234/
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Al Tasyriiyyah Journal is a journal of state administration law study program, faculty of sharia and law, alauddin islamic state university. Al Tasyriiyyah Journal is a scientific journal that publishes articles related to the study of constitutional law, islamic state law, and various scientific studies in the field of law. Al Tasyriiyyah Journal is published by the State Administration Law Study Program, Faculty of Sharia and Law, Alauddin State Islamic University, Makassar. Al Tasyriiyyah Journal accepts manuscripts or articles in the field of Islamic Law, constitutional law, islamic state law and Law from various academics and researchers, both national and international. The articles published in the journal al treatise are articles that have been reviewed by Bestari Partners or peer reviewers.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "VOLUME 1 ISSUE 2, DECEMBER 2021" : 5 Documents clear
Assessing The National Human Rights Commission's (Komnas Ham) Independence In Indonesia's Statement System Ashar Hasanuddin
Jurnal Al Tasyri'iyyah VOLUME 1 ISSUE 2, DECEMBER 2021
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jat.vi.28536

Abstract

The National Human Rights Commission (Komnas HAM) is an independent, national state commission tasked with the responsibility of conducting human rights studies, research, counseling, investigations, monitoring, and mediation. The purpose of this study is to ascertain Komnas HAM's status and role within the Indonesian Constitutional System, as well as its accountability within the Indonesian Constitutional System. According to the nature of the inquiry, this is a library research on the subject of Komnas HAM. The syar'i theological approach was applied in the investigation. The findings of this study reveal that Komnas HAM has a distinct status and function within the Indonesian constitutional system; Komnas HAM's job is to strengthen human rights protection and enforcement. The research's implications are to emphasize Komnas HAM's constitutional status in Indonesia and to realize human rights enforcement through Komnas HAM's partnership with the community. Keywords: Komnas HAM; Siyasah Syar’iyyah; Wazir al-tawfid
Political Ethics In The Selection Of Local Head Candidates Fiqhi Siyasah Perspective Darna
Jurnal Al Tasyri'iyyah VOLUME 1 ISSUE 2, DECEMBER 2021
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jat.vi.28564

Abstract

Political ethics serve as the foundation for anybody who aspires to be a leader. However, political life in the modern era is far from ideal. Numerous politicians employ a variety of strategies to further their goals without regard for ethical standards and principles. Politicians seeking power employ a variety of strategies, including making reckless political promises. The purpose of this study is to ascertain the public's opinion of the candidate pairs' political ethics, the elements that influence their application during elections, and the relationship between political ethics in the context of fiqhi siyasah and political ethics in Banggae District. This study employs a Normative Syar'i and Sociological Phenomenology approach. The data are derived from primary and secondary sources. The findings indicated that the public had a favorable opinion of the political ethics of the candidate pairs in the 2020 regional elections. Judging by the candidate pair's attitude in the community and their commitment to regional development and growth. Political ethics were affected by elements such as legal understanding, religious devotion, and level of education for regional head candidates in the 2020 regional head elections. Political ethics in the 2020 Pilkada in Banggae District are consistent with Fiqhi Siyasah in terms of conducting a campaign that is fair and adheres to regulations, as well as the attitudes and behavior of candidate pairs in the community. Keywords: Political Ethics; Regional Legislative Elections; Fiqhi Siyasah
Observing The Judicial Commission’s Role In Enhancing Judicial Capacity And Integrity Nurul Faizah Muhrim
Jurnal Al Tasyri'iyyah VOLUME 1 ISSUE 2, DECEMBER 2021
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jat.vi.28624

Abstract

The purpose of this study is to examine the Judicial Commission's urgency in developing the capacity and integrity of judges in Makassar, as well as the mechanism for carrying out the Judicial Commission's duties in developing the capacity and integrity of judges from a siyasa syar'iyyah perspective. The research method used is descriptive qualitative field research. By adopting a syar'i normative perspective. The study's findings underscore the Judicial Commission's urgency in building the capacity and integrity of Makassar's judges through a training program on the Code of Ethics and Code of Conduct for Judges. The mechanism for carrying out the judicial commission's mandate of enhancing judges' capacity and integrity includes conducting training to improve KEPPH for judges with a tenure of 0–8 years, as well as the meaning of KEPPH for judges with a tenure of 8–15 years. In an Islamic state, the Judicial Commission serves as a supervisory agency for judges. It is headed by Qadhi al-Qudhat. This such, the Judicial Commission adheres to Islam's principle of being a supervisory entity in order to promote good behaviors and avert evil ones. The implication of this research is to strengthen the capacity and integrity of judges through the Judicial Commission's frequent implementation of judge training programs. Keywords: Judicial Commission; Judges; Siyasah Syar’iyyah
The Significance Of Foreign Manpower Use Via Government Regulation 34 Of 2021: A Case Study Of Siyasah Dauliyah Sulaiman, Sri Wahyuni
Jurnal Al Tasyri'iyyah VOLUME 1 ISSUE 2, DECEMBER 2021
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jat.vi.28789

Abstract

Foreign Workers are inextricably linked to problems and, as documented in the Makassar City Manpower Office's violation data, there are three things that are problematic. First, the Employer does not pay taxes. Second, the prohibition on the use of personnel positions. Thirdly, visa abuse. This is a field study utilizing a syar'i and sociological juridical approach. The study gathered data through primary sources, namely interviews, and secondary sources, namely the examination of legal materials and literature. The study's findings reveal that the usage of foreign workers leads in a high number of offenders in Makassar City, one of which is a lack of monitoring. This is due to the Pora Team's lack of firmness in dealing with field violations and factors from employers of foreign workers who do not comply with required requirements, one of which is avoiding required fees, which is permitted under the legal siyasah dauliyah as long as the service commodities traded do not contain harmful substances. with regard to QS. An-Nisa/4:29 Keywords: Foreign; Use; Labor
Indonesia's Presidential Threshold As Open Legal Policy In Election: As A Base For Muslim Studies Anggar Putra
Jurnal Al Tasyri'iyyah VOLUME 1 ISSUE 2, DECEMBER 2021
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jat.vi.28791

Abstract

Since its inception in the 2004 general election until the simultaneous general election in 2019, the use of standardization of presidential and vice presidential nominations, also known as the presidential threshold system, has garnered numerous benefits and drawbacks. Thus far, the writers have established that the presidential threshold system is an open legal policy (open legal policy) that does not violate the Republic of Indonesia's constitution or is constitutional. The purpose of this article is to examine the presidential threshold's compliance with an open legal policy from the standpoint of Islamic law. The research employs a legal-normative as well as a theological or syar'i approach. The study's findings indicate that the presidential threshold was established in conformity with open legal policy principles strengthened by Constitutional Court Decision 14/PUU-XI/2013. The presidential threshold system is one of the measures to strengthen the presidential system and simplify political parties, thereby enhancing long-term governance and promoting the legislative and executive institutions' professionalism in their performance. According to siyasa syariyyah, one must be a descendant of the Quraysh tribe in order to apply as a state or imamate leader. However, this requirement is not absolute; if one has been permitted to become a leader, one does not have to be a descendant of the Quraysh tribe in order to eliminate the sense of ashabiyah. Meanwhile, the presidential threshold system ensures full uniformity in order to allow for the nomination of candidates for state leaders (president and vice president). Keywords: Open Legal Policy; Presidential Thresholds; General election

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