Journal of Sharia (JOSH)
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
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138 Documents
<![CDATA[Fenomena Periodesasi Masa Jabatan Kepala Desa Perspektif Fiqh Siyasah Dan Undang-Undang Nomor 6 Tahun 2014 Tentang Desa (Studi Di Desa Payaman Kecamatan Solokuro Kabupaten Lamongan) ]]>
<![CDATA[Ahmad Syaiful Maarif]]>;
<![CDATA[Abd. Hadi]]>;
<![CDATA[Moh Sa’diyin]]>
<![CDATA[ JOSH: Journal of Sharia Vol. 3 No. 01 (2024): Januari : JOSH: Journal of Sharia ]]>
Publisher : <![CDATA[Universitas Sunan Drajat Lamongan, Indonesia ]]>
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DOI: 10.55352/josh.v3i01.701
<![CDATA[Based on the results of interviews with several community leaders in Payaman Village, the researcher found that there was something different regarding the period of office of the Village Head in Payaman Village where the researcher found that the Village Head only had one opportunity to nominate himself as Village Head even though it was in accordance with the rules contained in Law Number 6 of 2014 states that Village Heads can be elected for a maximum of three terms of office, here researchers believe that there is a phenomenon that Village Heads only have one opportunity to nominate themselves as Village Head in Payaman Village. The objectives to be achieved in this thesis are: To find out what the phenomenon of the Village Head's term of office in Payaman Village, Solokuro District, Lamongan Regency, is like from the Siyasah Fiqh Perspective. In collecting data for this thesis, the author used the following techniques or methods: 1) Observation, 2) Interview, 3) Documentation. The data phenomenon process carried out by researchers is in the following steps: 1) Data reduction, 2) Data display or presentation of data, 3) Drawing conclusions or verification.]]>
<![CDATA[Penerapan Restorative Justice Dalam Sistem Peradilan Pidana Anak ]]>
<![CDATA[Jaka Prima]]>
<![CDATA[ JOSH: Journal of Sharia Vol. 3 No. 01 (2024): Januari : JOSH: Journal of Sharia ]]>
Publisher : <![CDATA[Universitas Sunan Drajat Lamongan, Indonesia ]]>
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DOI: 10.55352/josh.v3i01.702
<![CDATA[The application of restorative justice with certain requirements must be implemented and used to provide opportunities and possibilities for crime victims to obtain restitution, a sense of security, enable perpetrators to understand the causes and consequences of their behavior and take responsibility in a meaningful way and enable society to understand the main causes of crimes, to promote society's sense of justice and prevent crime. A special restorative justice process strategy for children/adolescents that is balanced should be based on the idea that the source of children's crimes and violations is the community, family, school, so that strategies that only focus on individual perpetrators are not appropriate. This restorative justice will feature flexible procedures and a series of actions that can be adapted to the applicable criminal justice system and are fair to the parties.]]>
<![CDATA[Pancasila Sebagai Pondasi Awal Sistem Ketatanegaraan Indonesia ]]>
<![CDATA[Achmad Syamsudin]]>;
<![CDATA[Sutopo]]>
<![CDATA[ JOSH: Journal of Sharia Vol. 3 No. 01 (2024): Januari : JOSH: Journal of Sharia ]]>
Publisher : <![CDATA[Universitas Sunan Drajat Lamongan, Indonesia ]]>
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DOI: 10.55352/josh.v3i01.803
<![CDATA[Pancasila is a noble legacy that was born from the reflections of its founding fathers in the basic formulation of an independent Indonesian State. Pancasila is lifted from the original values of the Indonesian people in which there are customs, culture and religion embodied in the nation's outlook on life. Pancasila is often classified as a middle ideology between the two major world ideologies that are very influential on the state. Pancasila is not communist/marxist and also not liberal/capitalist. The agreement of the Indonesian nation to make Pancasila the nation's way of life today is increasingly apprehensive due to the era of globalization. Pancasila as a weltanschaung (view of life) means that the values of Pancasila are the ethics of the common life of the Indonesian people which have been rooted since ancient times. The actualization of Pancasila is the elaboration of Pancasila values in the form of norms and their realization in the life of the nation and state.]]>
<![CDATA[Peluang Partisipasi Politik Perempuan di Indonesia Dalam Prespektif Hak Asasi Manusia ]]>
<![CDATA[Irma Permata Sari]]>;
<![CDATA[Muhyidin]]>
<![CDATA[ JOSH: Journal of Sharia Vol. 3 No. 01 (2024): Januari : JOSH: Journal of Sharia ]]>
Publisher : <![CDATA[Universitas Sunan Drajat Lamongan, Indonesia ]]>
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DOI: 10.55352/josh.v3i01.804
<![CDATA[Women's participation in politics is still perceived as representation in political structures at the national and regional levels, which is felt to be inadequate. Even though the quantitative existence of women is even comparable to half of the population both at the national and regional levels. One of the inhibiting factors is the party culture. We can see directly in several political events or general elections that women only have a few seats and voting space. We can conclude that Indonesian people think that men are more competent to be leaders than men. The results of the study show that the position, role and function of women indicates that there is space for participation but women are still not actively involved, which is influenced by internal and external factors, including low levels of education, ancient thinking that considers men more competent than men. Woman. With this paper, the authors hope that there will be equality for men and women in participating in politics so that in the future the Indonesian people choose leaders by looking at their abilities, not from considerations of gender, race, ethnicity and culture, or religion. Because in truth every human being has the right to be treated equally in participating in politics.]]>
<![CDATA[Fungsi Partai Politik Dalam Pendidikan Politik Masyarakat ]]>
<![CDATA[Khusnul Catur Prasetya]]>;
<![CDATA[Zamroni Ishaq]]>
<![CDATA[ JOSH: Journal of Sharia Vol. 3 No. 01 (2024): Januari : JOSH: Journal of Sharia ]]>
Publisher : <![CDATA[Universitas Sunan Drajat Lamongan, Indonesia ]]>
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DOI: 10.55352/josh.v3i01.805
<![CDATA[One of the functions of political parties in legislation is as a means of political education and socialization. Political parties are obliged to disseminate their political discourse to the public. However, in its implementation in the field, there are still political parties that have not maximized their function in providing political education to the public. This study discusses (1) What is the function of political parties in providing public political education and its influence on public participation in general elections? (2) What are the implications of political parties that do not implement public political education? This research was conducted by using normative legal research methods, primary and secondary sources of legal materials, methods of collecting legal materials using statute records and others, and analyzing legal materials using descriptive analysis methods. The results of this study indicate that according to Law No.2 of 2011, one of the functions of political parties is to provide political education as a means of education for the wider community to become Indonesian citizens who are aware of their rights and obligations in public. The importance of political education carried out by political parties to the maximum and in its actual essence will be able to have a very good impact on society, which means that people are able to become people who are aware of their obligations in giving choices to political parties or candidates who are true and sincere in terms of welfare]]>
<![CDATA[Politik Transaksional dan Pragmatisme Masyarakat Dalam Demokrasi Modern ]]>
<![CDATA[Satryo Pringgo Sejati]]>;
<![CDATA[Ahmad Burhan Hakim]]>
<![CDATA[ JOSH: Journal of Sharia Vol. 3 No. 01 (2024): Januari : JOSH: Journal of Sharia ]]>
Publisher : <![CDATA[Universitas Sunan Drajat Lamongan, Indonesia ]]>
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DOI: 10.55352/josh.v3i01.819
<![CDATA[Democracy is a political concept that is widely used by many countries in the world today. Ideas about people's welfare are the main focus in the concept of political order in democracy. So the term democracy has become familiar to hear today. On the other hand, transactional politics is something that is often found in democracy implemented in Indonesia. This also sparked an act of political pragmatism in Indonesian society. So democracy experiences a shift in its agenda which has an impact on the quality of democracy itself. The research method used in this paper is qualitative research using a social science approach that has developed with today's modern political sciences. We also use research libraries to make it easier for us to manage data that we find and that we consider relevant. These transactional political actions are related to the attitude of the main political interest in the form of power, while the culture of political pragmatism in Indonesian society is more visible due to the relatively low level of education in Indonesian society.]]>
<![CDATA[Efektivitas Fatwa Majelis Ulama Indonesia (MUI) ke-III Tentang Rokok ]]>
<![CDATA[ayu anggraini]]>;
<![CDATA[Muhyidin]]>
<![CDATA[ JOSH: Journal of Sharia Vol. 3 No. 02 (2024): Vol.03 No. 02 (Juni) 2024 ]]>
Publisher : <![CDATA[Universitas Sunan Drajat Lamongan, Indonesia ]]>
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DOI: 10.55352/josh.v3i02.918
<![CDATA[One of the results produced by Ijtima’ Ulama of the Indonesian Fatwa Commission III which was held by the MUI (Indonesian Ulema Council) in 2009 in Padang Pajang was a fatwa concerning smoking. In the fatwa issued by the MUI, there are three points in the legal provisions regarding the cigarette law, namely first they agreed that there would be a difference regarding the smoking law, namely between makruh and haram. Secondly, the ijtima participants agreed to give the mandate to the Central MUI to establish a fatwa for the makruh or haram of smoking. Third, the ijtima’ulama agreed that smoking law is illegal for four things, namely smoking in public places, for children, for pregnant women and for the members of the Indonesian Ulama Council. This article seeks to examine the MUI fatwa in terms of its methodology.]]>
<![CDATA[Pelaksanaan Pengawasan terhadap Kode Etik dan Perilaku Hakim Konstitusi di Indonesia ]]>
<![CDATA[Khusnul Catur Prasetya]]>;
<![CDATA[Moh Sa’diyin]]>
<![CDATA[ JOSH: Journal of Sharia Vol. 3 No. 02 (2024): Vol.03 No. 02 (Juni) 2024 ]]>
Publisher : <![CDATA[Universitas Sunan Drajat Lamongan, Indonesia ]]>
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DOI: 10.55352/josh.v3i02.919
<![CDATA[The role of constitutional judges to uphold the justice is very important and strategic, for that reason all of requires the judges is a statesman, should also have good attitudes and behavior. Thus every constitutional judges need to do the monitoring of they behavior in order to protect the good name of the judicial institution. All of the judges, like Supreme Court justices or constitution judges are necessarily equate to an equivalent position, so it must be placed within the framework of democracy. The consequences is throught the third amendment of UUD 1945, the external controling for all of the judges implemented by creating the judicial commission. However, a growing mind at that moment only lead to Supreme Court justice and ranks, when it should be also the constitution judges within the framework of democratic and the judicial commission controled. Especially in socio-political, the formation of the judicial commission is in intended to strengthen the corruption eradication agenda, especially what happened in the sphere of justice within role of judge in integrity and well behaved, to ensure that the judicial function is implemented in independent, fair, clean and transparent]]>
<![CDATA[Penerapan Hukum dan Sanksi Tindak Pidana Pemerkosaan oleh Anak Dibawah Umur dalam Perspektif Hukum Pidana Islam ]]>
<![CDATA[Athiyyatul Mufidah1]]>;
<![CDATA[Zamroni Ishaq]]>
<![CDATA[ JOSH: Journal of Sharia Vol. 3 No. 02 (2024): Vol.03 No. 02 (Juni) 2024 ]]>
Publisher : <![CDATA[Universitas Sunan Drajat Lamongan, Indonesia ]]>
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DOI: 10.55352/josh.v3i02.920
<![CDATA[: A criminal act is a violation of norms regarding disturbance of the rule of law intentionally or unintentionally committed by the perpetrator, where the imposition of a prison sentence against the perpetrator is necessary for the maintenance of legal order and also to ensure the interests of the general public. The rampant rape of minors, as happened in various regions in Indonesia, where the perpetrators were their own fathers to an ustadz who raped dozens of his students, children are the future of the nation who have the right to live and develop, so these rights must be protected, and there is no implementation Appropriate law against the perpetrators is the main focus where the application of sanctions is currently only limited to imprisonment for 5-15 years or life imprisonment even though there are opportunities for more severe punishments such as chemical castration and the death penalty. In the event that the crime of rape of a minor causes more than 1 person to be victimized, results in serious injury, mental disorder, infectious disease, disruption or loss of reproductive function, or the victim dies, the perpetrator shall be sentenced to death, life imprisonment or imprisonment for a minimum of 10 years and a maximum of 20 years.]]>
<![CDATA[Analisis Fatwa Ulama Indonesia dalam Menyikapi Pandemi Corona Virus 2019 ]]>
<![CDATA[Bahrul Muttakin]]>;
<![CDATA[Abd. Hadi]]>
<![CDATA[ JOSH: Journal of Sharia Vol. 3 No. 02 (2024): Vol.03 No. 02 (Juni) 2024 ]]>
Publisher : <![CDATA[Universitas Sunan Drajat Lamongan, Indonesia ]]>
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DOI: 10.55352/josh.v3i02.924
<![CDATA[The COVID-19 pandemic has not ended yet; in fact it mutated and gave rise to a new variant which was later known as omicron. COVID-19 has threatened various sectors of life including religious life; religious rituals during the pandemic are limited and must follow health protocols to avoid the spread of the virus. Religious authorities play an important role in responding to this situation, including in issuing fatwas regarding guidelines for the implementation of worship during the COVID-19 period. Therefore, this article discusses the guidelines for the implementation of worship issued by these religious authorities. The focus of this article is to compare the fatwas of religious authorities regarding guidelines for the implementation of worship during the COVID-19 period; the fatwas referred to here are limited to the fatwas of the Indonesian Ulema Council (MUI), the fatwas of the Majlis Tarjih Muhammadiyah, and the fatwas of Lajnah Bahsul Masail Nahdlatul Ulama. This research is a library research with a comparative descriptive approach. The results of the study show that the fatwas related to the guidelines for the implementation of worship during the pandemic issued by the three religious authorities synergize, cooperate with and support each other in dealing with the COVID-19 pandemic. Unlike MUI and Nahdlatul Ulama, Muhammadiyah responded with concrete actions, namely establishing the Muhammadiyah COVID-19 Command Center (MCCC) with the main task of coordinating various programs in the context of dealing with the COVID-19 pandemic.]]>
