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Manabia: Journal of Constitutional Law

al-manabia
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Published by Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

ISSN : 28095928 EISSN : 28281683 DOI : https://doi.org/10.28918/manabia

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice Social Sciences

Manabia, Journal of Constitutional Law adalah sebuah peer-review jurnal yang diterbitkan dua kali setahun (Juli dan Desember) oleh para mahasiswa Jurusan Hukum Tata Negara Fakultas Syariah, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan, Indonesia. Lingkup penjelas meliputi Politik Hukum, Politik Islam, Hukum Konstitusi, Hukum Tata Negara (Islam dan Konvensional), Hukum Kepartaian dan Pemilu, dan Hukum Administrasi Negara.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 8 Documents

Search results for , issue "Vol. 2 No. 2 (2022)" : 8 Documents clear

Kesadaran Hukum dan Partisipasi Politik Pada Pemilu 2019 Derby Kanti Nirvana; Trianah Sofiani
Manabia: Journal of Constitutional Law Vol. 2 No. 2 (2022)
Publisher : Department of Constitutional Law, Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

This study analyzes the legal awareness of the communi5ty in the general election and its implications for political participation, especially among the people in Pemalang Regency. They were referring to the Pemalang district general election in 2019 and that the community should actively participate in the general election process. However, based on the results of interviews with the community, it shows that the community’s understanding or mindset in the implementation of the general election, is often faced with deeprooted obstacles, ranging from the low level of understanding and ability of the community to implement democracy, as well as confusion about how to participate through legal, constitutional and moral political procedures and methods. This study aimed to determine the legal awareness of the people of Pemalang Regency in the 2019 general election and the implications of public legal awareness on political participation. This study uses a type of empirical juridical research, namely where the research is carried out by combining legal materials with data obtained from the field. With the type of qualitative research approach. Based on the results of the study, it can be concluded that the public’s understanding of the contents of the regulations is still relatively shallow because they do not know how the goals and missions of the regulations that have been made and new policies in the general election strategy.

Penyelenggaraan Mal Pelayanan Publik di Kabupaten Batang Perspektif Maqashid Syariah Kana Akhsinawati; Ahmad Fauzan
Manabia: Journal of Constitutional Law Vol. 2 No. 2 (2022)
Publisher : Department of Constitutional Law, Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

This research is related to the implementation of Public Service Malls in Batang Regency Maqashid Syariah Perspective regarding the suitability of implementing Public Service Malls based on Presidential Regulation Number 89 of 2021, this regulation is the new legal basis for the implementation of Public Service Malls which was previously regulated in PERMENPAN-RN Number 23 of 2017. The changes to these regulations have resulted in a delay in the conformity that must be implemented at the Public Service Mall in Batang Regency. From this background, there are two problem formulations, namely 1). Is the implementation of MPP in accordance with Presidential Regulation No. 89 of 2021?., 2). How is Maqāṣid asy-Syarīʻah's review of the implementation of the Public Service Mall in Batang district? This research is a qualitative field research with an Empirical Juridical and Islamic Maqasid approach. The results of this study regarding the implementation of Public Service Malls in Batang Regency 1) there is no regional head regulation that regulates its implementation, the principles have not been realized such as being efficient because the website management has not been able to meet/cover all the information needs of the community, the principle of accountability has not been fulfilled, not yet there is an internal evaluation of MPP and accountability reports to measure overall performance, limited services present at MPP and some of these service methods do not meet the principles of accessibility, the unavailability of independent services and mobile services as a service model in MPP where this is not in accordance with the provisions stipulated in Presidential Regulation Number 89 of 2021., 2). The implementation of Public Service Malls in Batang Regency in terms of Maqashid Syariah Jasser Auda is very relevant in improving services for the public interest. And in its implementation it requires interrelated systems to help realize the goals (benefit) to be achieved.

Penerbitan Izin Edar Kosmetika Melalui Online Single Submission Risk-Based Approach Pasca Berlakunya Undang-Undang Cipta Kerja Farina Firda Eprilia; Adrian E. Rompis; Dicky Risman
Manabia: Journal of Constitutional Law Vol. 2 No. 2 (2022)
Publisher : Department of Constitutional Law, Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

This study aims to find out the comparison of the licensing system for cosmetics distribution before and after the Job Creation Law was formed and the implications for legal protection for cosmetics business actors, consumers and the public. This study uses empirical juridical methods, based on primary data and secondary data. The results of the study show that after the entry into force of the Job Creation Law there has been a reform of the licensing climate through updating the Online Single Submission system to an Online Single Submission-Risk Based Approach. The consideration for issuing a distribution license for cosmetics is based on the risks arising from the type of business concerned and adjusted to the content of cosmetic pharmaceutical preparations. Procedurally, this latest regulation provides convenience for business actors in obtaining a permit. Nevertheless, practically a system that tends to be early also raises various problems for both related agencies/institutions and business actors.

Maqosid Syariah Sebagai Pijakan Konseptual dalam Pelaksanaan Pilkada 2020 di Masa Pandemi Covid 19 Nailull Hidayah; Ali Trigiyatno
Manabia: Journal of Constitutional Law Vol. 2 No. 2 (2022)
Publisher : Department of Constitutional Law, Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

The COVID-19 pandemic that has hit the world has forced the Indonesian government to issue various policies to prevent the spread of COVID-19, such as the PSBB policy and the new normal system. The Pilkada implementation uses the direct principle, so it is said that the Pilkada implementation is an activity that invites a large crowd. This is certainly not in accordance with the government's initial policy which required people to avoid crowds in order to break the chain of transmission of COVID-19. This research is a type of normative juridical research using statutory and conceptual approaches. The results of this study are that the government's reason for establishing Pilkada policies during a pandemic is to fulfill the people's constitutional rights to be elected and vote and so that there is no vacancy in leaders in various regions. The existence of a health protocol in the Pilkada policy is a form of protecting the soul (hifdz nafs) and a policy to continue holding Pilkada during a pandemic to prevent budget swelling to maintain economic stability which means it is also a form of preserving assets (hifdz mal).

Penegakan Hukum Terhadap Money Politic Pada Pemilihan Legislatif Kota Pekalongan Tahun 2019 Khusnul Khotimah; Jumailah
Manabia: Journal of Constitutional Law Vol. 2 No. 2 (2022)
Publisher : Department of Constitutional Law, Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

This research examines Law Enforcement Against Money Politics in the 2019 Pekalongan City Legislative Election. In Pekalongan City there were two cases of money politics, which the Bawaslu carried out law enforcement, but the law enforcement was not optimal. Law enforcement was carried out against the defendant FK up to the court level and he was found guilty of practicing money politics. naHowever, the defendant FK filed an appeal which stated that the defendant FK was not legally and convincingly proven guilty of committing the crime as charged. Meanwhile, law enforcement against the FM Candidate case was declared not to meet the material requirements, so the process of handling election crimes was stopped. The legal consequence of the lack of maximum law enforcement against money politics that has been carried out by the Sentra Gakkumdu Pekalongan team is that the legal culture and legal substance are not optimal as a sub-system of the overall election crime, which then gives rise to corrupt legislative candidates. Unfinished cases of money politics violations can lead to weak rules that must be enforced regarding regulations on money politics in elections, because money politics can damage the quality of election organizers and damage the quality of the leaders they produce.

Penegakan Hukum Administrasi Dalam Pelayanan Publik Di Desa Silirejo Kecamatan Tirto Kabupaten Pekalongan Muhammad Zaenun; Abdul Hamid
Manabia: Journal of Constitutional Law Vol. 2 No. 2 (2022)
Publisher : Department of Constitutional Law, Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Public service is defined as the provision of services or serve the needs of a person, community, or organization that have an interest in the organization according to the procedures and rules subject matter that is determined and aimed at providing satisfaction to the service recipient. Public service is carried out responsibly and in accordance with applicable laws and regulations. Accountability and the value of accountability for the services provided can be create public trust in the service. Trust community is the basis for realizing the creation of good governance or good governance. The problem here is whether public services in Silirejo Village, Tirto District, Pekalongan Regency are in accordance with applicable regulations and the principles of good governance. The formulation of the problem (1) Why is the rule of law in service law not appropriate? (2) How should service administration be public based on good governance? From the results of the discussion, public services in Silirejo Village, Tirto District, Pekalongan Regency are not in accordance with applicable law because administrative law enforcement factors have not been fulfilled. This has an impact on not fulfilling the principles of good governance

Efektivitas Tugas Bawaslu Kabupaten Pekalongan dalam Mencegah Money Politic Pada Pilkada Tahun 2020 di Kecamatan Kesesi Subekti Dwi Nur Rohmah; Akhmad Jalaludin
Manabia: Journal of Constitutional Law Vol. 2 No. 2 (2022)
Publisher : Department of Constitutional Law, Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Bawaslu is an institution that has the main task and carries out supervision through the stages of holding general elections, which consist of general elections for members of the Regional Representative Council, Regional Representative Council Regional Representative Council, Presidential elections and regional head elections. Bawaslu is a permanent body, with a term of service for members of the election supervisory body which is 5 years starting from the taking of the oath of office. As a democratic country, indonesia carries out ragional head elections at the governor’s level every five years. In Central Java Province, regional head elections were held in 2020. However, the implementation of ragional head elections was marked by the existence of money politics or so-called money politics. Money politics is one of the customers in the implementation of general election. This paper aims to see the effectiveness of the implementation of Bawaslu’s duties in preventing money politics in the post-conflict local election in Central Java Province in 2020. This study uses empirical juridical research with a qualitative approach, and uses analytical techniques consisting of data reduction, data presentation and conclusion drawing. This research concludes that based on the benchmark of the effectiveness of Bawaslu in preventing the occurrence of money politics in Pekalongan Rregency, it can be said that it has not been very effective because there are still very large inhibiting factors such as low levels of economy, level of political knowledge, low society and low culture of society. Elections are very important in democracy. Like two sides of a coin that cannot be separated from each other, so are elections and democracy. The two cannot be separated if there is a general election then there is democracy. As a democratic country, indonesia carries out ragional head elections at the governor’s level every five years. In Central Java Province, regional head elections were held in 2020. However, the implementation of ragional head elections was marked by the existence of money politics or so-called money politics. Money politics is one of the customers in the implementation of general election. This paper aims to see the effectiveness of the implementation of Bawaslu’s duties in preventing money politics in the post-conflict local election in Central Java Province in 2020. This study uses empirical juridical research with a qualitative approach, and uses analytical techniques consisting of data reduction, data presentation and conclusion drawing. This research concludes that based on the benchmark of the effectiveness of Bawaslu in preventing the occurrence of money politics in Pekalongan Rregency, it can be said that it has not been very effective because there are still very large inhibiting factors such as low levels of economy, level of political knowledge, low society and low culture of society.

Kajian Mengenai Tukar Guling Tanah Bengkok Guna Pendirian Pabrik Dwi Yuli Kusumaningtyas; Mohammad Fateh
Manabia: Journal of Constitutional Law Vol. 2 No. 2 (2022)
Publisher : Department of Constitutional Law, Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Crooked land is land owned by the village which should be used for the benefit of the village and community. But, what if the crooked land is exchanged for other land to the private sector for the establishment of a factory? With the case there had been pros cons among the village community, so that village had to handle the situation with a solution that could relieve everyone. In this study, the author present the formulation of the problem including how the practice of swapping is carried out according to Permendagri Number 1 0f 2016 and how the impact of this event is seen from the benefit of the maslahah mursalah. This research uses empirical normative methods with qualitative research and is in the form of field research. The results of this research are the implementation of land swaps according to Permendagri number 1 of 2016 and the results of the analysis of the swap events taking into account the value of the benefits obtained based on the maslahah mursalah.

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Contact Name
Ayon Diniyanto

Contact Email
ayon.diniyanto@uingusdur.ac.id

Phone
+6281227624571

Journal Mail Official
manabia@uingusdur.ac.id

Editorial Address
Fakultas Syariah, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan Jl. Pahlawan Km. 5, Rowolaku, Kec. Kajen, Pekalongan, Jawa Tengah, Indonesia. PO.BOX 51161 Telp. (0285) 412575 | Fax. 423418, Email (Official): htn@uingusdur.ac.id

Location
Kota pekalongan,

Jawa tengah

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Ayon Diniyanto

Contact Email ayon.diniyanto@uingusdur.ac.id

Phone +6281227624571

Journal Mail Official manabia@uingusdur.ac.id

Editorial Address Fakultas Syariah, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan Jl. Pahlawan Km. 5, Rowolaku, Kec. Kajen, Pekalongan, Jawa Tengah, Indonesia. PO.BOX 51161 Telp. (0285) 412575 | Fax. 423418, Email (Official): htn@uingusdur.ac.id

Location Kota pekalongan, Jawa tengah INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Ayon Diniyanto

Contact Email
ayon.diniyanto@uingusdur.ac.id

Phone
+6281227624571

Journal Mail Official
manabia@uingusdur.ac.id

Editorial Address
Fakultas Syariah, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan Jl. Pahlawan Km. 5, Rowolaku, Kec. Kajen, Pekalongan, Jawa Tengah, Indonesia. PO.BOX 51161 Telp. (0285) 412575 | Fax. 423418, Email (Official): htn@uingusdur.ac.id

Location
Kota pekalongan,

Jawa tengah

INDONESIA