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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 158 Documents
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Tantangan dan Prospek : Implementasi Prinsip-Prinsip Demokrasi dalam Hukum Tata Negara Indonesia Arman Rohmatillah Rohmatillah; Moh. Sa’diyin; Ahmad Afan Zaini
JOSH: Journal of Sharia Vol. 2 No. 02 (2023): Juni : JOSH: Journal of Sharia
Publisher : Institut Pesantren 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 : Institut Pesantren 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 : Institut Pesantren 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 : Institut Pesantren 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.
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) Ahmad Syaiful Maarif; Abd. Hadi; Moh Sa’diyin
JOSH: Journal of Sharia Vol. 3 No. 01 (2024): Januari : JOSH: Journal of Sharia
Publisher : Institut Pesantren Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v3i01.701

Abstract

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.
Penerapan Restorative Justice Dalam Sistem Peradilan Pidana Anak Jaka Prima
JOSH: Journal of Sharia Vol. 3 No. 01 (2024): Januari : JOSH: Journal of Sharia
Publisher : Institut Pesantren Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v3i01.702

Abstract

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.
Pancasila Sebagai Pondasi Awal Sistem Ketatanegaraan Indonesia Achmad Syamsudin; Sutopo
JOSH: Journal of Sharia Vol. 3 No. 01 (2024): Januari : JOSH: Journal of Sharia
Publisher : Institut Pesantren Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v3i01.803

Abstract

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.
Peluang Partisipasi Politik Perempuan di Indonesia Dalam Prespektif Hak Asasi Manusia Irma Permata Sari; Muhyidin
JOSH: Journal of Sharia Vol. 3 No. 01 (2024): Januari : JOSH: Journal of Sharia
Publisher : Institut Pesantren Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v3i01.804

Abstract

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.
Fungsi Partai Politik Dalam Pendidikan Politik Masyarakat Khusnul Catur Prasetya; Zamroni Ishaq
JOSH: Journal of Sharia Vol. 3 No. 01 (2024): Januari : JOSH: Journal of Sharia
Publisher : Institut Pesantren Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v3i01.805

Abstract

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
Politik Transaksional dan Pragmatisme Masyarakat Dalam Demokrasi Modern Satryo Pringgo Sejati; Ahmad Burhan Hakim
JOSH: Journal of Sharia Vol. 3 No. 01 (2024): Januari : JOSH: Journal of Sharia
Publisher : Institut Pesantren Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v3i01.819

Abstract

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.

Page 6 of 16 | Total Record : 158

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