cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Yesi Arikarani
Contact Email
hutanasyah@gmail.com
Phone
+6281271807133
Journal Mail Official
arikaraniyesi@staibsllg.ac.id
Editorial Address
Jl. Sultan Mahmud Badaruddin II Kota Lubuklinggau, Sumatera Selatan
Location
Kota lubuk linggau,
Sumatera selatan
INDONESIA
Hutanasyah : Jurnal Hukum Tata Negara
Published by STAI Bumi Silampari Lubuklinggau
ISSN : -     EISSN : 30262496     DOI : https://doi.org/10.37092/hutanasyah
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Hutanasyah: Jurnal Hukum Tata Negara merupakan jurnal ilmiah yang berisikan gagasan dan pengetahuan hukum yang berasal dari akademisi, dosen, mahasiswa, peneliti dan praktisi dibidang hukum, atas fenomena hukum yang jamak terjadi di masyarakat. fenomana hukum yang tercipta dari proses pembentukan undang-undang hingga proses pelaksanaan undang-undang tersebut. Hutanasyah: Jurnal Hukum Hukum Tata Negara akan diterbitkan oleh Lembaga Penelitian dan Pengabdian Masyarakat (LP2M) STAI Bumi Silampari Lubuklinggau sebanyak 2 (dua) kali dalam 1 (satu) tahun yaitu (Agustus dan Februari). Ruang lingkup meliputi: Hukum Tata Negara, Hukum Tata Negara Islam, Hukum Internasional Dalam Islam, Hukum Politik Islam, Hukum Islam, Politik Hukum, Hukum Lingkungan, Hukum dan Kebijakan
Arjuna Subject : Ilmu Sosial - Hukum
Articles 40 Documents
 1   2   3   4 
Kekerasan Dalam Rumah Tangga Terhadap Pelaku Judi Online Dalam Perspektif Hukum Positif Dan Fiqih Siyasah Alexander, Ongky; Setiawan, Alpat Reza; Sasana, Elsa Ilka; Sakina, Rapika; Ngimadudin, Ngimadudin
Hutanasyah : Jurnal Hukum Tata Negara Vol. 3 No. 2 (2025): Februari
Publisher : STAI Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/hutanasyah.v3i2.1086

Abstract

The phenomenon of domestic violence (DV) against online gambling perpetrators is increasingly becoming a concern in the social dynamics of modern society. Online gambling not only has an impact on the personalals involved, but also has serious implications for family stability, including increasing the potential for conflict and domestic violence. This study aims to analyze this phenomenon through the perspective of fiqh siyasah law in order to understand how Islam views and responds to this problem in the context of Islamic politics and government. The research method used is a qualitative approach with library research, where data is obtained from classical and contemporary literature in the fields of fiqh, siyasah syar'iyyah, and laws and regulations related to domestic violence and gambling. The results of the study show that fiqh siyasah has legal instruments and policies that can be used to overcome the negative impacts of online gambling on personalals and families. From an Islamic perspective, gambling is prohibited because it damages the social, economic, and moral order of society. Therefore, the state has a strategic role in protecting families from the impacts of online gambling by implementing preventive and repressive policies in accordance with the principles of siyasah syar'iyyah. The conclusion of this study confirms that domestic violence due to online gambling is a social problem that needs serious attention from the aspect of Islamic law. Fiqh siyasah can be the basis for formulating policies that not only aim to prosecute gambling perpetrators, but also provide protection to families and build a legal system that is more responsive to this problem.
Regulasi Negara Terhadap Ketentuan Pembayaran Biaya Sebelum Nikah: Perspektif Hukum Tata Negara dan Hukum Islam Firmansyah, Dimas; Pangesti, Elza Qorina
Hutanasyah : Jurnal Hukum Tata Negara Vol. 3 No. 2 (2025): Februari
Publisher : STAI Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/hutanasyah.v3i2.1103

Abstract

This study examines the Islamic legal review of the provisions of payment of customary fees before the marriage contract (case study in Batugajah Village, Rupit District, North Musirawas Regency , south sumatera), the formulation of the problem studied in this study is how the practice of the provisions of payment of customary fees before the marriage contract, especially in Batugajah Village, Rupit District, North Musirawas Regency and how the Islamic legal review of the provisions of payment of customary fees before the marriage contract. The purpose of this study is to determine the practice of the provisions of payment of customary fees before the marriage contract, especially in Batugajah Village Batugajah Village and to determine the Islamic legal review of the provisions of payment of customary fees before the marriage contract. The research method used in this study is qualitative research. The data collection techniques used in this study are observation, interviews, and documentation, while the data analysis used by the researcher includes using deductive data analysis. The research location in this study is in
Analisis Kebijakan Pemerintah Daerah dalam Mendorong Kesejahteraan Keluarga di Kabupaten Sleman (Studi Kasus Konsep Keluarga Sakinah pada Pasangan Karir) Putri, Anggraini Monica; Elza Qorina Pangesti
Hutanasyah : Jurnal Hukum Tata Negara Vol. 4 No. 1 (2025): Agustus
Publisher : STAI Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/hutanasyah.v4i1.1090

Abstract

Humans are created as social creatures, and need others to sail the ark of life. One way to navigate life is to go through marriage. This study aims to analyze the policies of the Sleman Regency Regional Government in encouraging family welfare, focusing on the concept of the sakinah family in career couples. The phenomenon of increasing the number of career families poses challenges in maintaining household harmony in the midst of busy work. This type of research is sociological law (juridical-empirical). The case study approach is used to provide a holistic and in-depth understanding of the specific phenomena that occur at the research site. The results of the study show that local governments have implemented various policies and programs that support the realization of family welfare, including through the development of the Sakinah family, economic empowerment, religious activities, and community institutional support. However, career couples still face obstacles in the form of limited interaction time, women's double burden, and the influence of the modern social environment. Nevertheless, the application of religious values, openness, mutual respect, honesty, and gratitude have proven to be the main factors that strengthen the concept of the sakinah family in the career family. This research emphasizes that collaboration between regional policies and the resilience of community religious values is the key to realizing a prosperous sakinah family in Sleman Regency.
Konstestasi Pilkada Dengan Calon Tunggal Prespektif Demokrasi Prosedural Huda, Muhammad Khoirul
Hutanasyah : Jurnal Hukum Tata Negara Vol. 4 No. 1 (2025): Agustus
Publisher : STAI Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/hutanasyah.v4i1.1113

Abstract

The phenomenon of a single candidate in the election of regional heads (Pilkada) in Indonesia has become an interesting issue in the study of law and democracy. Since the Constitutional Court's decision No. 100/PUU-XIII/2015, the election mechanism with a single candidate has been carried out by presenting empty boxes as an alternative choice for voters. The existence of a single candidate in the Regional Elections has various implications for democratic principles, especially related to the right to vote guaranteed in the 1945 Constitution. This study aims to analyze the legal aspects of the existence of a single candidate in the Regional Elections, examine its conformity with the democratic principles embraced in the Indonesian constitutional system, and assess its impact on the legitimacy of the elected government. The results of the study show that the mechanism of a single candidate in the Regional Elections has been legally regulated in the applicable regulations, but it still poses a dilemma in the application of democratic principles. Although the empty box is intended as a solution to ensure the sustainability of the elections, this mechanism does not fully reflect healthy political competition, as it does not provide voters with real choice in determining their leaders. In addition, the dominance of major political parties and strict candidacy requirements are the main factors that hinder the emergence of alternative candidates. Therefore, more inclusive regulatory reforms are needed to increase political competition, strengthen public participation, and maintain substantive democratic principles in regional head elections in Indonesia.
Efektifitas Penyelesaian Sengketa Ekonomi Syariah Pendekatan Mediasi Dalam Perspektif Yuridis Normatif Fauzi, Muhammad; Siswoyo; Yani, Ahmad; Elsa Ilka Sasena; Nasri, Halik; Ongky Alexander
Hutanasyah : Jurnal Hukum Tata Negara Vol. 4 No. 1 (2025): Agustus
Publisher : STAI Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/hutanasyah.v4i1.1166

Abstract

Dispute resolution in sharia economics often poses its own challenges, especially when the litigation path is considered slow, expensive, and does not reflect the values ??of justice and peace that are the main foundations of sharia principles. In this context, mediation emerges as an alternative resolution that offers efficiency, flexibility, and a more humanistic approach. Based on literature review, mediation has been proven to have a strong legal basis, both in Islamic legal sources such as the Qur'an and hadith, as well as in national regulations, including the Supreme Court Regulation and the Religious Courts Law. A number of literatures show that mediation not only accelerates the dispute resolution process and reduces the burden on the courts, but also maintains good relations between the disputing parties, which is very important in the sharia business world. In practice, mediation provides a higher level of satisfaction than litigation because it allows for a fair agreement to be reached by consensus. Therefore, mediation can be concluded as an effective dispute resolution approach that is in line with the values ??of sharia economics and contemporary legal needs in Indonesia.
Politik Hukum dalam Pengelolaan Sumber Daya Alam: Antara Kepentingan Negara dan Hak Masyarakat Adat Sugianto; Tarmudi; Ahmad Royhan Bustomi; Derrel Azhar Sugianto; Fardan Zidane Juniawan
Hutanasyah : Jurnal Hukum Tata Negara Vol. 4 No. 1 (2025): Agustus
Publisher : STAI Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/hutanasyah.v4i1.1191

Abstract

Natural resource management in Indonesia is a complex phenomenon characterized by the state's efforts to drive economic growth while simultaneously protecting the rights of indigenous legal communities that have long preserved environmental balance. The constitutional basis provided by Articles 33 and 18B of the 1945 Constitution affirms the state's authority to optimize natural wealth for the prosperity of the people, while accommodating local autonomy and recognizing customary rights. This analysis was conducted using a normative legal approach combined with qualitative and anthropological perspectives to examine legal documents ranging from Law No. 5 of 1960, Law of the Republic of Indonesia No. 23 of 1997, and Law No. 32 of 2009, to the recent updates through Law No. 32 of 2024, Law No. 17 of 2019, Law No. 3 of 2020, and Law of the Republic of Indonesia No. 1 of 2014, in addition to reviewing the Draft Law on Indigenous Legal Communities (RUU MHA). The evaluation results reveal a fundamental difference between the national regulatory framework and the implementation of customary legal norms, which leads to inconsistent natural resource management practices and uneven distribution of benefits. These findings underscore the importance of reformulating regulations through the active involvement of various stakeholders and the thorough integration of indigenous legal communities' roles at every stage of policy formulation to create a more inclusive, equitable, and sustainable natural resource governance.
Pembinaan SAD Muratara Dalam Perspektif Ham Dan Maslahah Mursalah Rahma, Aneka
Hutanasyah : Jurnal Hukum Tata Negara Vol. 4 No. 1 (2025): Agustus
Publisher : STAI Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/hutanasyah.v4i1.1205

Abstract

The opening of large-scale oil palm plantations in Muratara Regency requires the SAD community to be eliminated from their original roaming area. This is contrary to the mandate of law Number 39 of 1999 concerning human rights. The purpose of this study is to find out the Development of the Orang Asli Tribe (SAD) in the Perspective of Human Rights and Maslahah Mursalah. The type of research used by the author is empirical legal research. Empirical legal research, in other words, is a type of sociological research and can also be called field research, which examines the applicable legal provisions and what happens in reality in society. Based on the research that has been carried out, it can be concluded that the process of relocating the Orang Dalam Tribe (SAD) of Mandi Angin Village, Muratara Regency is quite good, which is marked by the actions of the SAD community who are quite orderly in following all instructions from the relocation implementing officials. Meanwhile, the Guidance for SAD Relocated in Mandi Angin Village is in accordance with Law Number 39 of 1999 concerning Human Rights, especially Article 9 Paragraph (1-3). As for the perspective of Mashlahah, this policy can be classified as maslahah mursalah mu'tabarah, which is a form of benefit that is not explicitly stipulated in the nash but is urgently needed in the context of the times and social changes.
Penerapan Konstitusi Sebagai Objek Kajian Hukum Tata Negara di Indonesia Muhamad Habibullah AR; Nopan Harnata; Windy Adiska Irani
Hutanasyah : Jurnal Hukum Tata Negara Vol. 4 No. 1 (2025): Agustus
Publisher : STAI Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/hutanasyah.v4i1.1284

Abstract

A constitution is a set of rules within a state and plays a vital role within a country. This journal attempts to examine the importance of a constitution for each country. This research method uses a qualitative approach aimed at organizing and sorting data into patterns, categories, and basic descriptive units so that themes can be found and working hypotheses can be formulated as suggested by the data. In an effort to find a good constitutional rule, interpretative efforts are needed, the constitution as a result of an assessment of the implementation of norms in a constitution in practice. The constitution in Indonesia has a complex history and has gone through a long debate. Where Indonesia itself had to go through four amendments, including in 1999, 2000, 2001, and 2002. Indonesia is one of the countries that uses a written constitution, namely the 1945 Constitution of the Republic of Indonesia (UUD 1945). The desired goal is to see the implementation of the existing constitution in Indonesia and the future challenges that we must anticipate together for all Indonesian people. In this study, the method used is qualitative research with a library approach. The findings of this study indicate that the application of the Constitution in the study of constitutional law has been successful. We acknowledge that there are still shortcomings that require our collective attention, and future challenges that require our collective attention and concern as a society with increasingly growing multiculturalism and transnationalism.
Harmonisasi Hukum Digital: Tantangan Global dan Strategi Adaptif Indonesia dalam Era Kedaulatan Siber Syaiful Anwar; Johan Edi Nepri
Hutanasyah : Jurnal Hukum Tata Negara Vol. 4 No. 1 (2025): Agustus
Publisher : STAI Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/hutanasyah.v4i1.1297

Abstract

The era of digital globalization presents significant challenges to the harmonization of international law and national law. This article examines the complexity, dynamics, and urgency of harmonization of the two legal systems in the context of rapid digital globalization. The research was conducted through a normative juridical approach with a qualitative descriptive analysis method. The results of the study indicate that digital globalization has transformed the paradigm of state sovereignty and traditional jurisdiction, thus requiring a comprehensive reorientation of the concept of legal harmonization. There are four main dimensions of harmonization: technical-procedural, substantive, institutional, and philosophical-conceptual. The study identified that the main challenges of harmonization include disparities in technological capacity between countries, inconsistencies in juridical terminology, regulatory gaps, and fragmentation of global standards. This article proposes a progressive-adaptive harmonization model that emphasizes regulatory convergence based on the principles of inclusive sovereignty and normative compatibility as a strategic solution. The implications of the findings emphasize the importance of a multistakeholder approach and regulatory flexibility in bridging the gap between international legal instruments and implementation in the national context in the era of digital disruption.
Efektivitas Penerapan Prinsip Negara Hukum dalam Kebijakan Desentralisasi di Indonesia Helandri, Joni; Rinaldi Efendi; Rismanda Septri Giyanti; Bobi Susanto; Syefi Aulia Agustiani; Syifa Aulia Agustiana
Hutanasyah : Jurnal Hukum Tata Negara Vol. 4 No. 1 (2025): Agustus
Publisher : STAI Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/hutanasyah.v4i1.1299

Abstract

The implementation of the rule of law principle within Indonesia's decentralization policy is a strategic step toward establishing a more transparent, accountable, and responsive government to local needs. However, this principle faces various challenges, such as regulatory interpretation differences between the central and regional governments, limited legal capacity at the local level, and pervasive corruption practices. This study aims to evaluate the effectiveness of applying the rule of law principle in decentralization policies, identify existing obstacles, and propose policy recommendations for improvement. A descriptive-analytical approach was employed, gathering data through literature reviews, legal document analysis, and interviews with experts in law and local governance. The results indicate that while there has been progress in implementing the rule of law in regional governance, several obstacles still hinder its effectiveness, including limited legal capacity at the local level and weak oversight mechanisms. Policy recommendations include enhancing legal training at the regional level, regulatory harmonization between central and local governments, and strengthening oversight mechanisms. With these recommendations in place, it is expected that the rule of law will more effectively support decentralization policies and strengthen local governance in Indonesia.

Page 4 of 4 | Total Record : 40

 1   2   3   4 

Filter by Year

2022 2025


Reset
Filter By Issues
All Issue Vol. 4 No. 1 (2025): Agustus Vol. 3 No. 2 (2025): Februari Vol. 3 No. 1 (2024): Agustus Vol. 2 No. 2 (2024): Februari Vol. 1 No. 2 (2023): Februari 2023 Vol. 2 No. 1 (2023): Agustus Vol. 1 No. 1 (2022): Agustus