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Ahmad Burhan Hakim
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Journal of Sharia (JOSH)
Published by Institut Pesantren Sunan Drajat Lamongan
ISSN : 28281497     EISSN : 28281012     DOI : https://doi.org/10.55352/josh.v1i2
Core Subject : Social,
Social Sciences
JOSH: Journal of Sharia dikelola oleh Fakultas Syariah Institut Pesantren Sunan Drajat Lamongan dan diterbitkan oleh Lembaga Penelitian dan Pengabdian Masyarakat (LP2M) Institut Pesantren Sunan Drajat Lamongan. Jurnal ini berisikan artikel ilmiah baik penelitian kualitatif maupun kuantitatif, dengan fokus kajian kajian berbasis syariah, hukum, sosial politik, dan ketatanegaraan
Arjuna Subject : Ilmu Sosial - Hukum
Articles 138 Documents
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Politik Primordial dan Politik Identitas dalam Perkembangan Demokrasi dan Politik Lokal Di Indonesia Satryo Pringgo Sejati; Ahmad Burhan Hakim
JOSH: Journal of Sharia Vol. 2 No. 02 (2023): Juni : JOSH: Journal of Sharia
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v2i2.533

Abstract

Indonesia is one of the Muslim countries in the world that is able to gradually implement democracy in its political system. In the 25 years after the reform, Indonesia has tried various schemes to be able to carry out democratization so that it can be accepted by the Indonesian people themselves and even aims to get a positive international image. In the dynamics that occur, the development of political democracy in Indonesia gives rise to a social and political dynamics known as primordial politics and identity politics. These two approaches become true when we look at the conditions and dynamics of politics and democracy that occur in Indonesia. Moreover, the position of the regions has a significant role in contributing to the development of democracy and politics at the center. The region is an interesting area to discuss considering that the region is part of the political administration which has a strong influence on the center. This happened during the Indonesian reformation that occurred in 1998. Where the centralized concept became decentralized with the emergence of regional autonomy. In other words, the region has full power and authority to determine its political and economic direction. Of course, under other conditions it would be better. But on the other hand there are sociological consequences that must be accepted after the reform. The development of democracy in Indonesia actually produces primordial politics and identity politics, which are difficult to avoid. So it could be that Indonesia itself is aware that these two approaches are indeed taking place and cannot be avoided. Therefore, it is necessary for us to understand that primordial politics and identity politics today are a social reality and fact that occur in the dynamics of politics and democracy in Indonesia.
Efektivitas Kinerja Gubernur Ditengah Efisiensi Anggaran (Wacana Penghapusan Jabatan Gubernur) Qondas, Jiddan Gamal; Sutopo, Sutopo
JOSH: Journal of Sharia Vol. 2 No. 02 (2023): Juni : JOSH: Journal of Sharia
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v2i2.534

Abstract

The governor is an essential position in the Indonesian constitution. Governors also play an important role in political stability in Indonesia. In Law No. 23 of 2014 concerning Regional Government it is stated in Article 1 paragraph 3 that the Governor / Regional Government is the Head of the Region as an element of regional government administration that leads the implementation of government affairs which are the authority of the autonomous region, it is emphasized again in Article 4 paragraph 1 that the Region Apart from having the status of a Region, the Province is also an Administrative Region which is the working area for the governor as the representative of the central government and the working area for the governor in carrying out general government affairs in the Province Region. As a representative of the central government in the region, the governor is considered a position that is less effective, plus the APBN funds spent to finance his performance are said to be quite large as a representative of the central government. So that this becomes a discourse in the community about the effectiveness of the governorship.
Peraturan Daerah Syariah dan Problem Dilematis Al Fiyah, Siti; Muhyidin, Muhyidin
JOSH: Journal of Sharia Vol. 2 No. 02 (2023): Juni : JOSH: Journal of Sharia
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v2i2.536

Abstract

the results of the Reformation have made a fundamental change in the Indonesian constitutional system which initially adopted a centralized system to become decentralized. One of the effects of the implementation of the decentralization system in Indonesia is the emergence of Islamic regional regulations. Some of the contents of these Sharia Regional Regulations are contrary to the principles of human rights contained in the constitution. . In addition, this regulation appears to be related to the historicity of the implementation of Islamic Sharia in Indonesia since Islam entered the archipelago. Some of the contents of sharia regulations conflict with provisions in the principles of human rights both contained in human rights in an Islamic perspective and human rights contained in the Indonesian constitution. The main principle in Islamic teachings is the benefit of society which is contained in the Qur'an and Sunnah. Implementation of laws and regulations including regional regulations which are the lowest level in the hierarchy of laws and regulations must realize the main goal of the state, namely the protection of citizens' rights and in the concept of dusturiyah siyasah it is also stipulated that regulations must ensure the benefit of society as the main goal in Islamic nomocracy.
Krisis Nilai Demokrasi atas Gugatan Sistem Pemilu Proporsional Terbuka ke Mahkamah Konstitusi oleh Elemen Masyarakat Maulidi, Maulidi; Zamroni Ishaq
JOSH: Journal of Sharia Vol. 2 No. 02 (2023): Juni : JOSH: Journal of Sharia
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v2i2.537

Abstract

Democracy is government by the people. It is a system that is founded on the principle of people's sovereignty, with two main values attached to it, namely: freedom and equality. Freedom here automatically means freedom to be responsible and to move within the boundaries of the constitution, law and ethics. The electoral system is currently being widely discussed because there are requests from elements of society who are suing the open proportional electoral system to a closed proportional with the judicial review of Law Number 7 of 2017 concerning Elections filed on November 14, 2022. The lawsuit is registered with number 114/PPU/XX /2022 sues a number of articles in the Election Law which rely on Article 168 paragraph (2) concerning the open list proportional legislative election system. The petitioners argue that an open proportional electoral system is contrary to the constitution. This is because Article 18 paragraph (3) and Article 19 of the 1945 Constitution state that members of the DPR and DPRD are elected in elections, where the participants are political parties. On June 15, 2023 the Constitutional Court rejected the applicant's application in its entirety.
Pasang Surut Otonomi Daerah dalam Kerangka NKRI Fadilah, Sariul; R. Zainul Mushthofa
JOSH: Journal of Sharia Vol. 2 No. 02 (2023): Juni : JOSH: Journal of Sharia
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v2i2.538

Abstract

Indonesia is a unitary state formed by a republic. As a unitary state, Indonesia adheres to the principle of decentralization in governance. By giving the opportunity and flexibility to the regions to carry out regional autonomy as wide as possible. The authority of broad autonomy is the discretion of the region to organize government which includes the authority of most areas of government. Especially in a modern state, especially when it is associated with the notion of a welfare state, the number of government affairs cannot be identified, because the autonomy authority covers all aspects of people's lives, especially those related to service affairs and public interests. In addition to being very broad, government affairs can always expand in line with the expansion of the duties of the state and/or government. Likewise, Indonesia in carrying out regional autonomy has more or less adopted the concept of federalism so that it is feared that it will disrupt the stability of Indonesia as a unitary state, because after all the regions, within the unitary state of the Republic of Indonesia are an eenheidstaat, Indonesia will not have regions within its environment that are staat either. Thus the implementation of regional autonomy in a unitary state has its limits.
Dampak Politik Pencitraan (Imagologi) Terhadap Kontestasi Politik di Indonesia Agus, Rizka Bintang; Abd. Hadi
JOSH: Journal of Sharia Vol. 2 No. 02 (2023): Juni : JOSH: Journal of Sharia
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v2i2.539

Abstract

This research is intended about how the implementation of the recruitment process for the management of political parties in finding administrators in its implementation refers to the political party law number 2 of 2011, in general political parties are a key to the success of a country's political system, and the most important key is the recruitment of cadres and political party administrators, which is an important indicator to see the changes and development of a political party in building a political system in the government of a country. But in practice the process of recruiting cadres and party officials still violates the rules as regulated in the Act. Number 2 of 2011 concerning political parties. An example of the phenomenon that is currently booming is that artists are busy being registered as legislative candidates by political parties, which is evidence of the failure of political parties to carry out regeneration. So that political parties take shortcuts by exploiting the popularity of artists to gain votes in legislative elections and this certainly has a negative impact on democracy in Indonesia. This research is focused on how the procedures of political parties in recruiting their cadres in finding and occupying political party management positions in a democratic manner or more on a nepotistic approach. looking for management. Research Methods The research used is descriptive analytical. The results of the study, examining from a legal perspective based on the rules of law No. 2 of 2011 concerning political parties and the Articles of Association and Bylaws of political parties, in this study concludes that as in recruiting for positions of administrators, many political parties do it in a way that does not democratic positions, such as positions that have significant influence in political parties, such as the positions of DPD Chair, DPC Chair, Treasurer, Secretary General of the party to the general chairman of political parties. So that it has implications for the electability of political parties and the image of political parties is bad and undemocratic. This research is focused on how the procedures of political parties in recruiting their cadres in finding and occupying political party management positions in a democratic manner or more on a nepotistic approach. looking for management. Research Methods The research used is descriptive analytical. The results of the study, examining from a legal perspective based on the rules of law No. 2 of 2011 concerning political parties and the Articles of Association and Bylaws of political parties, in this study concludes that as in recruiting for positions of administrators, many political parties do it in a way that does not democratic positions, such as positions that have significant influence in political parties, such as the positions of DPD Chair, DPC Chair, Treasurer, Secretary General of the party to the general chairman of political parties. So that it has implications for the electability of political parties and the image of political parties is bad and undemocratic.
Tantangan dan Prospek : Implementasi Prinsip-Prinsip Demokrasi dalam Hukum Tata Negara Indonesia Rohmatillah, Arman Rohmatillah; Moh. Sa’diyin; Ahmad Afan Zaini
JOSH: Journal of Sharia Vol. 2 No. 02 (2023): Juni : JOSH: Journal of Sharia
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v2i2.540

Abstract

This journal discusses the implementation of democratic principles in the context of Indonesian constitutional law. This study aims to analyze the challenges and prospects in implementing democratic principles in the Indonesian state administration system. The research methods used include literature studies, analysis of laws and regulations, and field research. Based on the research results, it was found that the implementation of democratic principles in Indonesia is faced with various challenges, including conflicts of political interests, corruption, weak public participation, and fulfillment of human rights. However, there are also positive prospects for the implementation of democratic principles, such as legal reform efforts, increasing public awareness, and the active involvement of civil society organizations. This research provides policy recommendations to improve the implementation of democratic principles in Indonesian constitutional law, including strengthening transparency, accountability, public participation, and protection of human rights. Keywords: implementation, democratic principles, constitutional law, challenges, prospects, Indonesia.
Komunikasi Politik Kyai dalam Pengembangan Pesantren (Studi Analisis Terhadap Pondok Pesantren Sunan Drajat Lamongan) Hadi Ismanto
JOSH: Journal of Sharia Vol. 2 No. 02 (2023): Juni : JOSH: Journal of Sharia
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v2i2.542

Abstract

Kyai is a very interesting figure in Islam. His charisma is huge in the eyes of the public. Kyai influence in almost all fields. The magnitude of this influence makes many political actors, structural officials, businessmen and Muslims who are in the social environment of the kyai. So often, state officials approach the kyai for the sake of harmonization of the government's development policies. It is from here that the kyai get feedback in the form of resources that can be transformed into the internal of the Islamic boarding schools as initial capital for the development of the pesantren. To make it happen, the kyai do it with a political communication approach to all the ranks under him. This study was directed at the Sunan Drajat Islamic Boarding School, Lamongan, East Java by analyzing and describing field findings. Research subjects were selected based on purposive testing. Kyai who are the subject of this research are those who are actively involved in developing pesantren. The consequences of this study show that political communication carried out by kyai can synergize leadership policies in each institution and is able to accelerate the development of Islamic boarding schools in a better direction. This shows that the existence of kyai cannot be separated from efforts to develop Islamic boarding schools.
Perlindungan Hukum Terhadap Penetapan Status Tersangka Ditinjau Dari Perspektif Hak Asasi Manusia Amin, Khoirul
JOSH: Journal of Sharia Vol. 3 No. 01 (2024): Januari : JOSH: Journal of Sharia
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v3i01.572

Abstract

Legal protection for suspects is a guarantee of legal protection provided by law for the recognition of the rights of a suspect. Despite the status of a suspect, a person still has a number of rights that must be fulfilled and respected. If these rights are violated, then it means that the human rights of the suspect have been violated or not respected. Law Number 8 of 1981 concerning the Code of Criminal Procedure (KUHAP) has regulated the rights of suspects from Article 50 to Article 68 of the Code of Criminal Procedure. The problem is, if there is a person who has been determined as a suspect by investigators, while the status of the suspect is suspended for years without any further legal process to be tried in court. Even though suspects have the right to immediately get legal certainty and justice. The method used in this study is normative legal research conducted as an effort to obtain the necessary data in connection with the problem. Data used with skunder data and tertiary law materials. In addition, primary data is also used as a support for secondary data legal materials. From the results of the study showed that there is a legal vacuum to the regulations governing the time limit for determining a person to be a suspect. Article 50 of the Criminal Procedure Code only regulates the provision of time for handling cases, or commonly known as the right to priority settlement of case. So that the rights inherent in the suspect must be respected by all parties, especially by law enforcement officers. By suspending the status of a person's suspect and allowing it to drag on, the suspect's right to immediately obtain justice and legal certainty on matters that are suspected of him has clearly been violated.
Keberlakuan Pemberian Uang Panjar Berdasarkan Hukum Adat Analisis Perjanjian Jual Beli Tanah Yang Dapat Membatalkan Perjanjian Pengikatan Jual Beli Dan Surat Kuasa Menjual Yang Dibuat Oleh Notaris Herina; Mohammad Ryan Bakry; Chandra Yusuf
JOSH: Journal of Sharia Vol. 3 No. 01 (2024): Januari : JOSH: Journal of Sharia
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v3i01.605

Abstract

Applicability of giving down payment based on customary law: analysis of land sale and purchase agreements that can cancel binding sale and purchase agreements and power of attorney to sell made by a notary. The payment system is known as down payment or receipt money. Buying and selling with a down payment system is a sale and purchase that is usually carried out in the community. By way of the buyer providing part of the payment as collateral or binding the transaction, and setting a deadline to pay off the remaining price. The purpose of this study is to examine more deeply the provision of down payment as a token of appreciation in land sale and purchase agreements based on customary law in Indonesia. To analyze whether or not a land sale and purchase agreement is valid orally and has been given a down payment as a sign of completion. The type of research used in this research is normative juridical research method. The normative juridical approach is a problem approach by viewing, analyzing and interpreting theoretical matters relating to legal principles in the form of conceptions, norms, rules of laws and regulations, court decisions, agreements and doctrines (teachings). The legal moral position of down payment is useful as the main benchmark in agreements made by customary law communities related to goodwill. This is appropriate that in customary law goodwill and halal clauses are the main and foremost things. Because morality is very closely related to law, where a good law is a law based on morality, so that a law has a spirit, both from the product of the law and the spirit of law enforcers, so that the law can be upheld in order to obtain justice, legal certainty and expediency. The law provides a limit on how morals can be carried out with various law enforcement efforts, not just with threats/sanctions for violators.

Page 10 of 14 | Total Record : 138

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