Manabia: Journal of Constitutional Law
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.
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83 Documents
<![CDATA[Efektifitas PerPPU No 2 Tahun 2020 Tentang Pilkada Masa Pandemi Covid-19 di Kabupaten Pemalang dan Kabupaten Pekalongan ]]>
<![CDATA[Farhan Tubagus]]>;
<![CDATA[Ali Muhtarom]]>
<![CDATA[ Manabia: Journal of Constitutional Law Vol. 2 No. 1 (2022) ]]>
Publisher : <![CDATA[Department of Constitutional Law, Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/manabia.v2i1.6005
<![CDATA[Sebanyak 270 daerah di Indonesia menggelar Pilkada serentak di tahun 2020 dalam pandemi Covid – 19. Pilkada yang semula dilaksanakan pada 23 September ditunda sampai 9 Desember 2020 sesuai Perppu No 2 Tahun 2020. Dalam konsep ini memuat persoalan bagaimana efektifitas pelaksanaan perppu no 2 tahun 2020 pada pilkada 2020 di Kab. Pemalang dan Kab. Pekalongan. Dimana proses ini menjadikan tantangan bagi penyelenggara dan pemilih untuk mewujudkan tingkat partisipasi masyarakat yang tinggi. Hal demikian berlanjut untuk dikembangkan salam pelaksanaan pilkada berikutnya pada masa pandemi. Kemudian dijelaskan tentang bagaimana perbandingan pilkada 2020 di Kab. Pemalang dan Kab. Pekalongan. Penelitian ini berjenis penelitian Kualitatif melalui penelitian lapangan dengan menggunakan pendekatan Yuridis-Empiris, yang menghasilkan data deskriptif analitis. Penelitian ini bertempat di Kantor KPU Kab. Pemalang dan KPU Kab. Pekalongan yang merupakan salah satu kabupaten yang mengikuti Pilkada 2020 pada masa Pandemi Covid – 19. Penelitian ini bertujuan untuk mengetahui efektifitas pelaksanaan Perppu no 2 tahun 2020 di Kabupaten Pemalang dan Kabupaten Pekalongan dan untuk mengetahui perbandingan di Kabupaten tersebut pada pelaksanaan pemilihan bupati dan wakil bupati tahun 2020. Dan bagaimana perbandingan di Kabupaten tersebut.]]>
<![CDATA[Pengawasan Badan Permusyawaratan Desa DalamPenggunaan Dana Desa di Desa Pretek Kecamatan Pecalungan Kabupaten Batang ]]>
<![CDATA[deny]]>;
<![CDATA[Syarifa Khasna]]>
<![CDATA[ Manabia: Journal of Constitutional Law Vol. 2 No. 1 (2022) ]]>
Publisher : <![CDATA[Department of Constitutional Law, Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/manabia.v2i1.6006
<![CDATA[The Village Consultative Body, hereinafter referred to as BPD, is an institution that embodies democracy in the implementation of Village Government. The Village Consultative Body is not part of the Village Government but rather a village legislative body that works alone or independently. The Village Consultative Body is also domiciled on an equal footing and is a partner of the Village Government in organizing the Village Government. The Village Consultative Body is essentially a partner of the Village Head in carrying out the affairs of the Village Government and has an equal position in organizing government affairs, development, and community empowerment. BPD is the embodiment of democracy in the village, the democracy in question is that BPD has a strategic function in determining village policies and supervising the Village Government. These supervision efforts are intended to reduce the misappropriation of the authority of the village government in the use of village funds. This study aims to analyze the supervision of the Village Consultative Body in the use of Village Funds in Pretek Village, Pecalungan District, Batang Regency and to analyze the implications of the Supervision of the Village Consultative Body in the use of Village Funds in Pretek Village, Pecalungan District, Batang Regency for village development.]]>
<![CDATA[Efektivitas Pelaksanaan Kewenangan Kepala Desa dalam Pembinaan Masyarakat di Desa Karangrejo Kesesi Pekalongan ]]>
<![CDATA[sulam janah]]>;
<![CDATA[Karimatul Khasanah]]>
<![CDATA[ Manabia: Journal of Constitutional Law Vol. 2 No. 1 (2022) ]]>
Publisher : <![CDATA[Department of Constitutional Law, Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/manabia.v2i1.6009
<![CDATA[The main tasks of the village head based on article 26 paragraph 1 of Law Number 6 of 2014 concerning villages include implementing community development, in terms of whether community development has been carried out by the Karangrejo village head, Kesesi District, direct research in the village is needed. Therefore, the purpose of this study is to find out how effective the effectiveness of the implementation of the village head's authority in community development is as stated in Law Number 16 of 2014 concerning villages, as well as the implications in the case that the Karangrejo Village Head, Kesesi District does not exercise his authority. In Karangrejo village, Kesesi District, the law enforcement factor where this is carried out by the village head in his authority to carry out community development, has not been fully implemented. The implication is that if the village head does not carry out his duties, he can be dismissed, then interact with the community and of course will hinder the process of implementing development and empowering village communities, because it can be said to be successful. according to the rules, and can do business in the community.]]>
<![CDATA[Kesadaran Hukum dan Partisipasi Politik Pada Pemilu 2019 ]]>
<![CDATA[Derby Kanti Nirvana]]>;
<![CDATA[Trianah Sofiani]]>
<![CDATA[ Manabia: Journal of Constitutional Law Vol. 2 No. 2 (2022) ]]>
Publisher : <![CDATA[Department of Constitutional Law, Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/manabia.v2i2.6642
<![CDATA[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.]]>
<![CDATA[Penyelenggaraan Mal Pelayanan Publik di Kabupaten Batang Perspektif Maqashid Syariah ]]>
<![CDATA[Kana Akhsinawati]]>;
<![CDATA[Ahmad Fauzan]]>
<![CDATA[ Manabia: Journal of Constitutional Law Vol. 2 No. 2 (2022) ]]>
Publisher : <![CDATA[Department of Constitutional Law, Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/manabia.v2i2.6712
<![CDATA[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.]]>
<![CDATA[Relasi Negara dan Agama dalam Pemikiran Politik Islam di Indonesia (Analisis Pemikiran Politik Nurcholish Madjid dan M. Natsir) ]]>
<![CDATA[Imamah Syarifah]]>;
<![CDATA[Ahmad Fauzan]]>
<![CDATA[ Manabia: Journal of Constitutional Law Vol. 2 No. 1 (2022) ]]>
Publisher : <![CDATA[Department of Constitutional Law, Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/manabia.v2i1.6713
<![CDATA[State and religion relations are interesting things to discuss or become a subject of discussion that is still being debated from ancient times to the present. Always experiencing differences between the views of one character with another character. Because there is no standard concept of how to place the state and religion, in this case Islam in the State of Indonesia. For example, in the Indonesian context, when the constituents are trying to compile the latest Constitution, they are faced with two problems, namely Pancasila or Islam. Where there are interests between secular nationalist groups and Islamic nationalists. After a political agreement between the two groups, the 1945 Constitution was finally re-established in a Presidential Decree. Meanwhile, the issue of state and religion relations that is still happening today is the issue of terrorism. The growth of terrorism is related to the weak critical attitude of society and is exacerbated by the type of religious education which is more in the form of indoctrinative formalism and the lack of providing a place for critical reflection on students. From this background, there are two problem formulations, namely 1). How is the relationship between state and religion according to the political thoughts of Nurcholish Madjid and M. Natsir?., 2). How is the relationship between state and religion according to Nurcholish Madjid and M. Natsir in Islamic political thought in Indonesia? This research is a library research with a qualitative approach to be presented as descriptive analysis data. The results of this study are 1). that according to Nurcholish Madjid, the concept of "Islamic State" is a distortion of the balanced relationship between the state and religion. Meanwhile, according to Natsir, the concept of "Islamic State" is an unequal relationship, in which the state is a tool to achieve the goal of "perfect application of divine laws". in Indonesia. Meanwhile, M. Natsir did not agree with Pancasila as the basis of the state and agreed and even proposed the establishment of an Islamic state in Indonesia.]]>
<![CDATA[Penerbitan Izin Edar Kosmetika Melalui Online Single Submission Risk-Based Approach Pasca Berlakunya Undang-Undang Cipta Kerja ]]>
<![CDATA[Farina Firda Eprilia]]>;
<![CDATA[Adrian E. Rompis]]>;
<![CDATA[Dicky Risman]]>
<![CDATA[ Manabia: Journal of Constitutional Law Vol. 2 No. 2 (2022) ]]>
Publisher : <![CDATA[Department of Constitutional Law, Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/manabia.v2i2.6714
<![CDATA[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.]]>
<![CDATA[Maqosid Syariah Sebagai Pijakan Konseptual dalam Pelaksanaan Pilkada 2020 di Masa Pandemi Covid 19 ]]>
<![CDATA[Nailull Hidayah]]>;
<![CDATA[Ali Trigiyatno]]>
<![CDATA[ Manabia: Journal of Constitutional Law Vol. 2 No. 2 (2022) ]]>
Publisher : <![CDATA[Department of Constitutional Law, Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/manabia.v2i2.6715
<![CDATA[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).]]>
<![CDATA[Penegakan Hukum Terhadap Money Politic Pada Pemilihan Legislatif Kota Pekalongan Tahun 2019 ]]>
<![CDATA[Khusnul Khotimah]]>;
<![CDATA[Jumailah]]>
<![CDATA[ Manabia: Journal of Constitutional Law Vol. 2 No. 2 (2022) ]]>
Publisher : <![CDATA[Department of Constitutional Law, Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/manabia.v2i2.6716
<![CDATA[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.]]>
<![CDATA[Penegakan Hukum Administrasi Dalam Pelayanan Publik Di Desa Silirejo Kecamatan Tirto Kabupaten Pekalongan ]]>
<![CDATA[Muhammad Zaenun]]>;
<![CDATA[Abdul Hamid]]>
<![CDATA[ Manabia: Journal of Constitutional Law Vol. 2 No. 2 (2022) ]]>
Publisher : <![CDATA[Department of Constitutional Law, Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan ]]>
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DOI: 10.28918/manabia.v2i2.6718
<![CDATA[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]]>
