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<![CDATA[Dwi Kewarganegaraan Bupati Terpilih di Sabu Raijua (Analisis Putusan Mahkamah Konstitusi Nomor: 133/134/135/PHP.BUP-XIX/2021) ]]>
<![CDATA[Nadia Desfarika]]>;
<![CDATA[Azzubaili]]>;
<![CDATA[Nur Sari Dewi. M]]>
<![CDATA[ TANFIDZIY Vol 2 No 1 (2023): Tanfidziy: Jurnal Hukum Tata Negara dan Siyasah ]]>
Publisher : <![CDATA[Constitutional Law and Siyasah Department, Sharia and Law Faculty, IAIN ]]>
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DOI: 10.47766/tanfidziy.v2i1.1506
<![CDATA[The Citizenship Status of the elected Regent in Sabu Raijua attracts the attention of various parties about Orient who is known to have an American Passport, but he is also registered as an Indonesian Citizen and has original Population Documents such as e-KTP, while if an Indonesian citizen has dual citizenship, his status as an Indonesian citizen will be canceled. This article is reviewed using the Normative Juridical research method. Based on the results of the study, it explains that the dual citizenship provisions for nominating regional officials that apply in Indonesia are that they must be Indonesian citizens other than that in Law Number 12 of 2006 concerning Citizenship which provides a time limit for having dual citizenship with an age limit of 18 years. The reason the elected regent Orient Riwu Kore was canceled by the Constitutional Court Decision was because it was known that Orient's brother had an active United States Passport and this was contrary to Law Number 12 of 2006 concerning Citizenship.]]>
<![CDATA[Analisis Qanun Nomor 4 Tahun 2009 Tentang Mekanisme Pengangkatan Kepala Desa Kuala Makmur dan Relevansinya dengan Undang-Undang Nomor 6 Tahun 2014 ]]>
<![CDATA[Rizky Akbar]]>
<![CDATA[ TANFIDZIY Vol 2 No 1 (2023): Tanfidziy: Jurnal Hukum Tata Negara dan Siyasah ]]>
Publisher : <![CDATA[Constitutional Law and Siyasah Department, Sharia and Law Faculty, IAIN ]]>
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DOI: 10.47766/tanfidziy.v2i1.1786
<![CDATA[The enactment of Law Number 6 of 2014 concerning villages and Qanun Number 4 of 2009 concerning Procedures for the Election and Dismissal of Keuchik in Aceh explains the appointment and dismissal of village heads. In the mechanism for appointing the head of kuala Makmur village, there is a polemic in its implementation. This is because, there is a clash between the rules that have been set and those practiced in the field, especially in Kuala Makmur Village. This article is reviewed using the Empirical Juridical research method with a Qualitative approach. The results of the study indicate that the mechanism for appointing the village head of Kuala Makmur is determined through Regional Regulations for a term of office of 6 months to 1 year, but what happens in Kuala Makmur Village exceeds the term of office that should be. Thus, there is a discrepancy in the term of office and authority in sending the head of kuala makmur village as stipulated in Law Law No. 6 of 2014 on villages and Qanun No. 4 of 2009 on the Procedures for the Election and Dismissal of Keuchik in Aceh]]>
<![CDATA[Peran dan Fungsi Kedudukan Sarak Opat dalam Sistem Pemerintahan Di Kampung ]]>
<![CDATA[Maifa Fitri]]>
<![CDATA[ TANFIDZIY Vol 2 No 1 (2023): Tanfidziy: Jurnal Hukum Tata Negara dan Siyasah ]]>
Publisher : <![CDATA[Constitutional Law and Siyasah Department, Sharia and Law Faculty, IAIN ]]>
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DOI: 10.47766/tanfidziy.v2i1.1804
<![CDATA[Sarak Opat as a customary institution is authorized to resolve, investigate and impose customary sanctions based on customary law and customs against sumang (discordant) actions, and violating customs committed by a person. This also applies in Waq Pondok Sayur village, Bukit sub-district, Bener Meriah district. The function and role of sarak opat in its implementation is not well implemented where in cases of customary violations that occur, the perpetrators do not carry out and carry out as customary sanctions. This article is studied using empirical juridical research methods. As for the results of the research obtained, the role and function of the position of Sarak Opat in Waq Pondok Sayur village in handling customary cases that occur is less effective and less in accordance with what is expected by the community. The obstacles faced by Sarak Opat in carrying out its functions and roles are due to the absence of a written qanun in the village regarding the existence of Parak and paying fines to anyone who commits customary violations. In addition, Sarak Opat has not properly understood their respective functions and roles, thus causing an unfavorable impact on the Waq Pondok Sayur village.]]>
<![CDATA[Pembatasan Sosial Berskala Besar dalam Perpektif Hukum dan Fikih Siyasah ]]>
<![CDATA[Mayang Yuliandari Effendi Siregar]]>
<![CDATA[ TANFIDZIY Vol 2 No 1 (2023): Tanfidziy: Jurnal Hukum Tata Negara dan Siyasah ]]>
Publisher : <![CDATA[Constitutional Law and Siyasah Department, Sharia and Law Faculty, IAIN ]]>
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DOI: 10.47766/tanfidziy.v2i1.1838
<![CDATA[Indonesia has declared the Covid-19 public health emergency as a public health emergency that must be implemented in overcoming public diseases and/or public health risk factors so that the Covid-19 outbreak and public health emergencies can be resolved immediately, one of the health quarantine measures is in the form of restrictions. This type of research is in the form of library research. The results of the research that the author gets, Large-Scale Social Restrictions in the perspective of Law and Fikih Siyasah, namely Regarding the rules of the Large-Scale Social Restriction Program which closes schools, limits work outside the home and limits religious activities outside the home. Restrictions on religious activities, as one of the PSBB policies in limiting congregational worship activities, are certainly aimed at the public good. In Islamic Law, the Large-Scale Social Restrictions Program is considered a form of government jihad for the safety of its people during the pandemic. Government policies such as this PSBB are a manifestation of Islamic legal theory in the frame of al-dharuriyyat al-khamsah which prioritizes 3 (three) important categories, namely the preservation of religion (hifdz al-diin), the preservation of life / life (hifdz al-nafs), and the preservation of property (hifdz al-maal).]]>
<![CDATA[Islam and Democracy In Modern Indonesia: The Role of Al Washliyah in the 1955 Elections ]]>
<![CDATA[Ja'far Ja'far]]>;
<![CDATA[Mhd. Syahnan]]>;
<![CDATA[Asrul Asrul]]>
<![CDATA[ TANFIDZIY Vol 2 No 1 (2023): Tanfidziy: Jurnal Hukum Tata Negara dan Siyasah ]]>
Publisher : <![CDATA[Constitutional Law and Siyasah Department, Sharia and Law Faculty, IAIN ]]>
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DOI: 10.47766/tanfidziy.v2i1.1885
<![CDATA[Abstract: This article examines the role of Al Washliyah, an Islamic organization founded in Medan during the early 20th century, in the 1955 Indonesian election. This study is library research with an historical approach, drawing data from primary sources such as organizational documents and secondary sources like expert research findings. The significance of this study lies in its novel exploration of a previously unaddressed topic by researchers. This study argues that during the Old Order era, Al Washliyah accepted the concept and implementation of elections with the aim to advocate Islam as the foundation of the state. Consequently, Al Washliyah strongly supported the Masjumi Party and secured a distinctive membership within this Islamic party. Additionally, Al Washliyah engaged in political education, actively conducting training sessions in preparation for the general elections. The organization's endeavors played a pivotal role in contributing to the Masjumi Party's substantial electoral success in North Sumatra. Notably, some of its prominent figures successfully secured positions in the Constituent Assembly and the House of Representatives in Jakarta. Their involvement facilitated national-level discussions on the foundational underpinnings of the state.]]>
<![CDATA[Modifikasi Dimensi Hoax dan Negative Campaign dalam Pemilihan Umum Sebagai Wujud Pemenuhan Hak Kebebasan Berpendapat ]]>
<![CDATA[Mahardika, Ahmad Gelora]]>
<![CDATA[ TANFIDZIY Vol 3 No 1 (2024): Tanfidziy: Jurnal Hukum Tata Negara dan Siyasah ]]>
Publisher : <![CDATA[Constitutional Law and Siyasah Department, Sharia and Law Faculty, IAIN ]]>
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DOI: 10.47766/tanfidziy.v3i1.2089
<![CDATA[The election is a regular political momentum in the Indonesian constitutional system. History records that elections have always been a political contestation that presents various dynamics at the national and local levels. This dynamic has various forms, including hoax news or negative campaigns whose truth cannot be verified. However, the Indonesian legal system still needs to provide a concrete definition regarding the differentiation of meaning between insult and criticism. That causes the perpetrators of the criminal act of spreading hoaxes to be interpreted unilaterally by law enforcement even though it was criticism. On the other hand, as the supreme leader of law enforcement, the government has the potential to abuse power and intervene in law enforcement processes, which can disrupt Indonesia's democratic process in elections. Based on this, the idea of modifying the dimensions of hoaxes and negative campaigns in elections, especially related to the criminal system, is urgent. The hypothesis in this study is that it is necessary to modify the dimensions of the election, especially those governing the electoral criminal system as a form of state existence to present democratic elections.]]>
<![CDATA[Paradigma Integralistik Agama dan Negara : Studi Kritis Pemikiran Politik Abū A’lā Al-Maudūdī ]]>
<![CDATA[Taufiqul Hadi]]>;
<![CDATA[Ginting, Amru]]>
<![CDATA[ TANFIDZIY Vol 2 No 2 (2023): Tanfidziy: Jurnal Hukum Tata Negara dan Siyasah ]]>
Publisher : <![CDATA[Constitutional Law and Siyasah Department, Sharia and Law Faculty, IAIN ]]>
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DOI: 10.47766/tanfidziy.v2i2.2096
<![CDATA[Discourse on religious and state relations is increasingly developing among Muslim thinker, one of them is a paradigm that integrates religion and the state. Abū A'lā al-Maudūdī is known for the idea of theo-democracy which is based on an understanding of the teachings of monotheism. This article aims to find out how al-Maudūdī's Islamic political thought plays out in contemporary political dynamics, especially in the discourse on relations between religion and the state. This research is library research with the nature of qualitative research which has the main characteristics of descriptive interpretive. The results of the research show that the integralism of religion and state carried out by al-Maudūdī wants a universal Islamic state using a theo-democratic system, where the Islamic state uses the Koran and Sunnah as the basis of state law and complete submission to God's sovereignty and does not justify the sovereignty of the people. Al-Maudūdī's political ideas can be considered controversial and irrelevant when connected to political realities in the modern era.]]>
<![CDATA[Tinjauan Fikih Siyasah Terhadap Jihad dan Bela Negara Warga Palestina dalam Mempertahankan Kedaulatan Palestina ]]>
<![CDATA[Iswandi, Iswandi]]>;
<![CDATA[Lubis, Ismi Saydina]]>
<![CDATA[ TANFIDZIY Vol 2 No 2 (2023): Tanfidziy: Jurnal Hukum Tata Negara dan Siyasah ]]>
Publisher : <![CDATA[Constitutional Law and Siyasah Department, Sharia and Law Faculty, IAIN ]]>
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DOI: 10.47766/tanfidziy.v2i2.2206
<![CDATA[Jihad and State defense carried out by Palestinians have stolen the attention of the international community. Not only that, but it has given rise to a variety of interpretations. So this study aims to examine related jihad and State defense carried out by Palestinians. The method used in this study is qualitative method. The Data in this study were obtained from library literature related to this study. This study is descriptive analysis, while the data in this study is secondary data. The results of this study explain that jihad and defending the state carried out by Palestinians is not a murder under the guise of terrorists but an effort to defend the rights of citizens and human values that have been taken away by the invaders and defend the sovereignty of the state of Palestine from enemy attacks and against occupation, tyranny committed by the invaders. With reference to the fiqh Siyasah in this case the Siyasah dauliyah, jihad and defense of the state for Palestinian citizens are currently mandatory.]]>
<![CDATA[Hukuman Rajam Terhadap Pelaku Zina Muhsan (Perspektif Hak Asasi Manusia dan Siyasah Syar’iyah) ]]>
<![CDATA[Andi Mardika]]>
<![CDATA[ TANFIDZIY Vol 2 No 2 (2023): Tanfidziy: Jurnal Hukum Tata Negara dan Siyasah ]]>
Publisher : <![CDATA[Constitutional Law and Siyasah Department, Sharia and Law Faculty, IAIN ]]>
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DOI: 10.47766/tanfidziy.v2i2.2291
<![CDATA[The main problem in this study is how to carry out stoning punishment against adulterers muhsan by taking into account the principles of Human Rights (HAM), as well as examining the problem of stoning regulation as a punishment, seeing it in the view of Human Rights and Islamic Criminal Law. This research is qualitative and based on philosophical theory and phenomenology, which is a theory oriented to be able to get an explanation of the reality that appears. The results of this study indicate that the implementation of stoning punishment against adulterers muhsan is seen as an inhumane punishment based on international regulations such as the Universal Declaration of Human Rights and others. In the perspective of Siyasah Shar'iyah, the imposition of stoning punishment on the perpetrators of adultery muhsan can provide benefits in maintaining honor and offspring. In this case the implementation of stoning punishment can be categorized as part of siyasah shar'iyah with consideration of hifzu al-nasl (preserving offspring) in society.]]>
<![CDATA[Pandangan Pimpinan Dayah Aceh Terhadap Kepemimpinan Non-Muslim ]]>
<![CDATA[Widia Ningsih]]>;
<![CDATA[Husnaini Husnaini]]>
<![CDATA[ TANFIDZIY Vol 2 No 2 (2023): Tanfidziy: Jurnal Hukum Tata Negara dan Siyasah ]]>
Publisher : <![CDATA[Constitutional Law and Siyasah Department, Sharia and Law Faculty, IAIN ]]>
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DOI: 10.47766/tanfidziy.v2i2.2294
<![CDATA[Choosing a non-Muslim leader is a polemic in society, especially Aceh as an area of legalization of the implementation of Islamic law in Indonesia. Of course this will be an issue of controversy in the Acehnese community itself. This type of research includes empirical juridical research. The results of this study explain that based on the Qur'an and the opinions of classical scholars clearly reject and do not allow choosing non-Muslim leaders on the basis of maintaining Islamic aqidah. While Abati Muhammad Nuruddin as one of the leaders of the Darul Ulum dayah in Kuta Makmur District, North Aceh argues that he also rejects non-Muslim leaders but with the assumption that what happened then and now is different. currently Indonesia uses a democratic government system, especially the presence of human rights makes anyone have the same rights when they want or are being a leader while still paying attention to existing restrictions. So that at this time, the concept of non-Muslim leadership in Indonesia cannot be prohibited.]]>
