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Nur Sari Dewi. M
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TANFIDZIY : Hukum Tata Negara dan Siyasah
Published by Institut Agama Islam Negeri Lhokseumawe
ISSN : -     EISSN : EISSN296     DOI : https://doi.org/10.47766/tanfidziy
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
TANFIDZIY adalah jurnal peer review Hukum Tata Negara dan Siyasah. Jurnal ilmiah ini diterbitkan oleh Program Studi Hukum Tata Negara (Siyasah) Fakultas Syariah IAIN Lhokseumawe dan terbit dua kali setahun (Juni dan Desember). TANFIDZIY bertujuan untuk memfasilitasi kontribusi dan diskusi ilmiah serta profesional atas perkembangan terkini tentang Hukum Tata Negara, Siyasah dan Politik Islam.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 26 Documents
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Conflict of interest dalam Putusan Mahkamah Konstitusi Nomor 90/PUU-XXI/2023 Tentang Pengujian Undang-Undang Nomor 7 Tahun 2017 tentang Pemilihan Umum Mulazi Ibna Fikra
TANFIDZIY Vol 2 No 2 (2023): Tanfidziy: Jurnal Hukum Tata Negara dan Siyasah
Publisher : Constitutional Law and Siyasah Department, Sharia and Law Faculty, IAIN

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The Constitutional Court Decision Number 90/PUU-XXI/2023 decided that the Chief Justice of the Constitutional Court Anwar Usman was declared to have violated the code of ethics of the Sapta Karsa Hutama principle by the Honorary Panel of the Constitutional Court regarding the age limit of presidential and vice presidential candidates. Anwar Usman was proven to have committed serious violations of the Code of Ethics and Behavior of Constitutional Judges as stated in Sapta Karsa Hutama, the Principles of Impartiality, the Principles of Integrity, the Principles of Proficiency and Equality, the Principles of Independence, and the Principles of Decency and Decency. This research is normative juridical with a statutory approach. The results of this study indicate that in the Constitutional Court Decision number 90/PUU-XXI/2023 concerning the Examination of Law Number 7 of 2017 concerning General Elections against the 1945 Constitution of the Republic of Indonesia, it is true that there is a conflict of interest and violates the principle of Impartiality. This is evidenced by mentioning the name Gibran Rakabuming Raka who is the nephew of Judge Anwar Usman's wife so that the testing of abstract norms becomes measurable.
Relevansi Pemikiran Politik Al-Ghazali Pada Sistem Politik Kontemporer Muhammad, Rasyidin; Nura, Azillatul
TANFIDZIY Vol 2 No 2 (2023): Tanfidziy: Jurnal Hukum Tata Negara dan Siyasah
Publisher : Constitutional Law and Siyasah Department, Sharia and Law Faculty, IAIN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/tanfidziy.v2i2.2576

Abstract

The article aims to analyze the relevance of Al-Ghazali's political thought within the framework of contemporary political systems. To achieve this objective, the research focuses on identifying elements of Al-Ghazali's thought that can still contribute positively to the understanding and implementation of current political systems. Understanding why Al-Ghazali's thought remains relevant serves as the primary foundation for this study. This research adopts a library research methodology or approach, employing a philosophical perspective. This approach concentrates on gaining a profound understanding of Al-Ghazali's views on politics and assessing their relevance to contemporary political systems. The findings of this study suggest that Al-Ghazali's political thought, despite originating from a different historical context, retains significant relevance in contemporary political systems. The concepts of justice, integrity, and political ethics he proposed remain pertinent in addressing the challenges and dynamics of today's politics. However, to effectively apply these principles, adaptation and contextualization may be necessary to ensure they align with the complexities of modern political realities.
Analisis Putusan Mahkamah Konstitusi No. 85/Puu-Xx/2022 Tentang Badan Peradilan Khusus Pemilu Perspektif Maslahah Mursalah Hani Nurul Syifa; Cholida Hanum
TANFIDZIY Vol 3 No 1 (2024): Tanfidziy: Jurnal Hukum Tata Negara dan Siyasah
Publisher : Constitutional Law and Siyasah Department, Sharia and Law Faculty, IAIN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/tanfidziy.v3i1.2703

Abstract

It should be noted that with the decision of the Constitutional Court No. 85/PUU-XX/2022, the dispute over the determination of the final stage of the election results will be heard, examined and decided by the Constitutional Court, which was previously temporary, but has become permanent because a special electoral judicial body will no longer be established. This creates a polemic that leads to ineffectiveness. So it is interesting to be studied from the aspect of Maslahah Mursalah regarding a policy that can benefit the community and weigh the good or evil. The research method used is normative legal research. The results of the study, namely the legal considerations of the judges in deciding Constitutional Court Decision No. 85 / PUU-XX / 2022 concerning the Special Election Judicial Body, are that the phrase "until the establishment of a special judicial body" in Article 157 paragraph (3) of Law No. 10 of 2016 is contrary to the 1945 Constitution of the Republic of Indonesia and has no binding legal force; further, it is stated that a special court will not be established, but "the case of the dispute over the determination of the final stage of the election results will be examined and decided by the Constitutional Court". and Constitutional Court Decision No. 85/PUU-XX/2022 is not in line with the theory of Maslahah Mursalah, considering that a special court is no longer established by transferring the authority to resolve disputes over election results to the Constitutional Court.
Implementasi Peraturan Walikota Salatiga Nomor 118 Tahun 2020 Perspektif Siyasah Syari’yyah (Studi Penyelenggaraan Ketertiban Umum Di Kelurahan Mangunsari Kota Salatiga) Iroh markamah; Cholida Hanum
TANFIDZIY Vol 3 No 1 (2024): Tanfidziy: Jurnal Hukum Tata Negara dan Siyasah
Publisher : Constitutional Law and Siyasah Department, Sharia and Law Faculty, IAIN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/tanfidziy.v3i1.2746

Abstract

According to Article 14 Paragraph 2 Letter D of Salatiga Mayor Regulation No. 118/2020, the lurah has the duty to ensure security and public order in the community at the kelurahan level. This is also in line with the concept of Imamah in Siyasah Shari'yyah, where a leader must provide security for the benefit of his people. However, in Salatiga itself, there are still violations of public order. Therefore, this study is designed to find out how the implementation of Salatiga Mayor Regulation No. 118/2020 in the implementation of security and public order in Mangunsari Urban Village in Salatiga City and the benchmarks for the implementation of security and public order in Mangunsari Urban Village in Salatiga City based on the concept of Siyasah Shari'yyah. The type of research used is empirical legal research. The results of the study found that the implementation of Salatiga Mayor Regulation No. 118/2020 in organizing public security and order in Mangunsari Urban Village is not maximally implemented, due to the lack of awareness of the community in carrying out night watches at the Ronda Post, which is the result of not coordinating a number of residents by the urban village considering the large number of residents. Furthermore, the benchmarks for the implementation of public security and order in Mangunsari Urban Village in Salatiga City, based on the concept of Siyasah Shari'yyah, have also not been achieved, as there are many violations of public security and order. This is not in accordance with the concept of Siyasah Shari'yyah, namely the principles of Wahdatul Ummah, Al-Adalah, Karomah Insaniyah, Al-Musawah, Tasamuh, human cooperation, Al-Huriyah, Al-Huriyah, and Al-Ahklak Al-Karimah. As well as Ad-dharu yuzalu (harm must be eliminated; Jalbul mashalih wa daf'ul mafasid (achieving benefit and rejecting harm); al-mashlahul 'ammah muqaddamah 'alal mashlahatil khasshah (public benefit takes precedence over private benefit).
Kontestasi Politik Mantan Terpidana Korupsi dalam Pemilihan Umum (Studi Putusan Mahkamah Agung Nomor 30 P/HUM/2018) Nova Agustina; Yandy, Eza Tri; Sayuti
TANFIDZIY Vol 3 No 1 (2024): Tanfidziy: Jurnal Hukum Tata Negara dan Siyasah
Publisher : Constitutional Law and Siyasah Department, Sharia and Law Faculty, IAIN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/tanfidziy.v3i1.2777

Abstract

Supreme Court Decision Number 30 P/HUM/2018 decided that Lucianty, an Indonesiam citizen residing in the city of Palembang with the status of a former convict, was declared permittes to nominate as a member of the legislature as a partricipant in the general election for members of the regional representative council. The reason why Lucianty is allowed to run in the general election as a member of the leguslature is because every citizen has the same opportunity to be elected and chose, provided that he must openly state to the public that he is a former convict by showing proof of a letter from the editor-in-chief of local and national mass media. This research is normative juridical research with a case approach. The results of this research show that in the Supreme Court Deciison Number 30 P/HUM/2018 concering Review of Law Number 7 of 2017 concering General Elections against the 1945 Concering General Eletions againts the 1945 Constitution of the Republic of Indonesia, it is true that there is a conflict of interest and violations of human rights.
Kiprah Syaikh Muhammad Arsyad Thalib Lubis (1908-1972) dalam Bidang Politik Bahri, Samsul
TANFIDZIY Vol 3 No 1 (2024): Tanfidziy: Jurnal Hukum Tata Negara dan Siyasah
Publisher : Constitutional Law and Siyasah Department, Sharia and Law Faculty, IAIN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/tanfidziy.v3i1.3335

Abstract

This research aims to find out the work of Syaikh Muhammad Arsyad Thalib Lubis (1908-1972), the founding figure of the Islamic mass organisation Al-Jam'iyatul Washliyah, in the political field. The research method consists of four stages, namely heuristic (source collection), verification (sorting / selection), interpretation (interpretation) and historiography (writing). The results of this study show that Syaikh Muhammad Arsyad Thalib Lubis is not only a preacher, teacher, writer, and leader of religious rituals, but also a scholar who is deeply involved in politics in the broader political sense. This political work has been going on for a very long time, from the colonial era until after independence. There were seven actions of Syaikh Muhammad Arshad Thalib Lubis in the political field, viz: (1) his support, through Al-Washliyah, for the existence of the Indonesian Islamic Assembly A'la, which was founded in 1937; (2) his support for Indonesian independence, which was proclaimed by Bung Karno in 1945; (3) his active defence of Indonesian independence through guerrilla warfare, (4) rejecting the formation of the East Sumatra State Federation (NST), (5) fighting for the establishment of Islam in Indonesia through the Constituent Assembly, (6) rejecting the communist ideology that developed in Indonesia, and (7) mediating conflicts between rebels in Indonesia and the central government

Page 3 of 3 | Total Record : 26

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