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Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Published by Sekolah Tinggi Agama Islam Yayasan Pendidikan Ilmu Qur'an Baubau
ISSN : 29882281     EISSN : 29882273     DOI : 10.59059
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Bidang kajian dalam jurnal ini termasuk ilmu politik, sosial ,hukum, dan humaniora. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara dan hukum adat.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 287 Documents
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Politik Hukum dalam Penyelenggaraan Kekuasaan Eksekutif di Indonesia Amos Harita; Ismaidar Ismaidar; Tamaulina Br Sembiring
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 1 (2025): Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v3i1.2111

Abstract

Legal politics in the implementation of executive power in Indonesia, which is an integral part of the government system based on the constitution. Legal politics not only determines the direction and content of government policy, but also reflects the power relations between the executive, legislative and judicial institutions. This research aims to analyze how legal politics influences decision making at the executive level, with a focus on the role of the president in the presidential system, regulatory challenges, and political dynamics that influence the implementation of law in Indonesia. A qualitative approach with descriptive-analytical methods was used in this research, through literature review, analysis of legal documents, and evaluation of executive policies. The research results show that legal politics in Indonesia is characterized by challenges such as regulatory disharmony, the dominance of executive power in the presidential system, and political intervention in the legislative process. This situation has the potential to weaken the principles of rule of law and democracy. However, legal politics also functions as a transformation tool to strengthen fair, accountable and transparent governance. Legal political reform through harmonization of regulations, strengthening supervisory mechanisms, and empowering the community in the legislative process is very necessary to create a democratic and just legal system. This paper recommends the need to strengthen checks and balances between state institutions, consistent legal policies that are in line with the constitution, as well as legal education for the public so they can participate actively in the political process.
Penyelenggaraan Pemilu Yang Bersih dan Demokratis Menurut Perspektif Hukum Tata Negara Pada Pemilihan Umum Anggota Legislatif Tahun 2024 Ronaldo Jhon Christiano Blegur; Rafael Rape Tupen; Hernimus Ratu Udju
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 1 (2025): Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v3i1.2122

Abstract

The principle of democracy and justice in general election (electoral justice) is that community involvement is absolute. General elections are a means of people’s sovereignty which is carried out directly, generally, freely, secretly, honestly and fairly and must meet the principles as referred to in Law Number 7 of 2017 concerning elections. The main problemsin the results of this research are: (1) How to realize clean, democratic and digfinified legislative elections, from the perspective of Constitutional Law? (2) Will there be money politics in the implementation of the 2024 elections, and what is the role of Bawaslu in handling these problems?. This research is a normative legal research, supported by empirical legal research, so that the data sources used are secondary data sources, primary data sources. Secondary data sources are obtained through literature, laws, and other literature, and supported by primary data obtained from findings in the field. Data are analyzed descriptively-qualitatively. The results of this study indicate that: (1) The implementation of clean and democratic general elections according to Constitutional Law in East Nusa Tenggara uses independent independence, functional independence, personal independence, and the principle of equality. (2) The role of Bawaslu in handling political money actions in East Nusa Tenggara seems to be still very minimal due to the welfare factor of the community which is still far from good standards so that it is still very difficult to report perpetrators of political money. Suggestions: (1) The public should be more vigilant against prospective leaders who do not have a sense of responsibility by buying votes. (2) The government should be more assertive in its level of supervision so that prospective leaders who engage in political corruption (money politics) should be crossed off the list of prospective political participants.
Pengaruh Hukum Islam dan Dinamika Sosial pada Masa Khulafaur Rasyidin dan Fase Mulkan Jabariyyah Hasna Amiroh Malda; Muhammad Husni Abdulah Pakarti; Diana Farid; Ais Surasa; Ulummudin Ulummudin
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 1 (2025): Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v3i1.2133

Abstract

Islamic law has a close relationship with the evolving social dynamics within Muslim societies. Social, cultural, and political changes demand flexibility in the application of Islamic law to remain relevant. This study employs a historical approach and descriptive analysis, focusing on two major phases in Islamic history: the Khulafaur Rasyidin phase and the Mulkan Jabariyyah phase. Data were collected through literature reviews of various primary and secondary sources. The findings indicate that Islamic law can adapt to social changes through the mechanisms of ijtihad and tajdid. However, its application must consider social, cultural, and historical contexts to avoid misinterpretation. Islamic law is not a static entity but a dynamic and responsive system that evolves with societal changes. With the right contextual approach, Islamic law can remain relevant in modern Muslim societies.
Pelaksanaan Kebijakan Penempatan Alat Tangkap Ikan di Zona Penangkapan Ikan Terukur dan Wilayah Pengelolaan Perikanan Nelayan Tradisional Kelurahan Dabo Lama Hendra Wiguna
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 1 (2025): Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v3i1.2135

Abstract

The existence of the grouping of traditional fishermen in Dabo Lama and also the Regulation of the Minister of Marine Affairs and Fisheries Number 36 of 2023 concerning the Placement of Fishing Gear and Fishing Aids in the Measured Fishing Zone and Traditional Fisherman's Fisheries Management Area, has made the local government enforce this regulation in the area. The purpose of this study is to find out the implementation of the Regulation of the Minister of Marine Affairs and Fisheries Number 36 of 2023 concerning the Placement of Fishing Gear and Fishing Aids in the Measured Fishing Zone and the Traditional Fisheries Management Area, Dabo Lama Village. The research approach used is a qualitative approach. The results of the study show that the ideal policy dimension in the Regulation of the Minister of Marine Affairs and Fisheries Number 36 of 2023 concerning the Placement of Fishing Gear and Fishing Aids in the Measured Fishing Zone shows quite effective results in the context of implementation in Dabo Lama Village. The policy is considered relevant to the needs of traditional fishermen and is able to create a more harmonious pattern of interaction between fellow fishermen, as well as between fishermen and the implementing body. Then the target group dimension shows the result that the policy is highly dependent on the equitable delivery of information, the involvement of the target group in decision-making, and the support of adequate means to support traditional fishers in carrying out the stipulated provisions Then the implementation body dimension shows the result that there are limited resources from the implementing body, such as the number of supervisory officers and facilities inadequate supporters. This condition has an impact on the less optimal assistance provided to fishermen in understanding and implementing policies in accordance with the rules that have been set. Then from the dimension of environmental factors, the results show that there are local initiatives from the government and the community to improve environmental conditions, such as mangrove replanting programs and communitybased waste management.
Peran Komisi Yudisial dalam Pengawasan Integritas Hakim Agung di Mahkamah Agung Rokilah Rokilah; Fitria Agustin; Endra Budiantono
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 1 (2025): Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v3i1.2293

Abstract

The Judicial Commission was established based on the Indonesian constitution, namely the 1945 Constitution of the Republic of Indonesia, with the aim of improving the quality of judges and also maintaining the dignity of the judiciary in Indonesia so that it remains independent, clean and authoritative. Supervision of the law is carried out by the Judicial Commission specifically to address ethical violations of judges. These violations can arise in decisions or behavior as judicial officials. This study uses a qualitative method, with a normative type of research, namely legal research that emphasizes the review of legal documents and library materials related to the main problem. The research approach used is the statute approach. The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The purpose of the study is to determine the Role of the Judicial Commission in Supervising the Integrity of Supreme Court Justices at the Supreme Court and to determine the Judicial Commission's supervision of Supreme Court Justices in the independence of the Supreme Court as an executor of judicial power. The results of the study indicate that 1) the Judicial Commission is functionally only as a support for the judicial power institution. The Judicial Commission is not an institution that enforces legal norms, but rather an institution that enforces ethical norms. The Judicial Commission also functions to maintain the independence of judges in issuing decisions from political intervention. and 2) Supervision carried out by the Judicial Commission on supreme court judges is often debated in relation to the independence of the judiciary.
Analisis Celah Haram dalam Sistem Permodalan Bank Umum Syariah Berdasarkan Peraturan OJK Nomor 16/POJK.03/2022 Qian Ramadhani; Vincent Anderson Simanjutntak; Elvira Clarista Faiqah; Rodhia Tammardhiah
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 2 (2025): Juni: Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v3i2.2308

Abstract

Islamic Commercial Banks operate under Islamic law, necessitating compliance with sharia principles from their inception to their operations, including capital system. This study investigates potential haram loopholes in the capital system of Islamic Commercial Banks, specifically in light of OJK Regulation Number 16/PJOK.03/2022. Utilizing a normative legal research methodology with a legislative approach, the findings reveal a significant loophole regarding the capital system. Article 31 of the regulation does not stipulate that the sources of funds for paid-up capital in Islamic Commercial Banks must adhere to sharia principles. This contrasts with the previous Bank Indonesia Regulation No. 6/24/PBI/2004, which explicitly required that capital sources for Islamic Commercial Banks be halal and not derived from haram sources. The omission of this requirement in the current Financial Services Authority regulation raises concerns about the integrity of capital in Islamic Commercial Banks, as it lacks a safeguard ensuring that the capital originates from permissible sources. This gap could potentially lead to unauthorized practices and undermine the fundamental principles of Islamic finance.
Bank Syariah dalam Perspektif Hukum dan Prinsip Syariah Analisis atas Substansi Identitasnya Aulia Rahmadani; Zainal Abidin; Ilham Ilham
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 2 (2025): Juni: Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v3i2.2348

Abstract

This study aims to examine the legal foundation and operational principles of Islamic banking in Indonesia. The background of this research stems from the necessity of a comprehensive understanding of the legitimacy and Sharia-based principles that underpin banking activities within the Islamic financial system. This research uses a literature review method by analyzing legal documents such as Law Number 21 of 2008 and fatwas issued by the National Sharia Council of MUI, along with other academic references. The findings indicate that Islamic banking in Indonesia is built upon a strong legal framework and clear Sharia principles, such as the prohibition of usury (riba), justice, and transparency. However, there are still challenges in the practical implementation of these principles, particularly in terms of public understanding and consistent interpretation. This research is expected to serve as an initial reference for strengthening legal literacy and Sharia principles in banking, and to support the development of a more inclusive Islamic financial system.
Meruntuhkan Pilar Keadilan: Apakah Sistem Peradilan Dapat Berfungsi Tanpa Standar Pembuktian? Zul Khaidir Kadir
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 2 (2025): Juni: Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v3i2.2351

Abstract

The standard of proof is the foundation that keeps the criminal justice system from turning into a repressive tool to prevent state power from imposing arbitrary sentences. However, in the midst of technological developments, it has created an unstable evidence landscape that threatens the continuity of the legitimacy of the law itself without a standard of proof that can be objectively verified. This study uses a qualitative research method with a conceptual approach. The data collection method is collected using literature studies, then analyzed using qualitative methods and presented descriptively. The results of the study show that maintaining the existence of the standard of proof is no longer adequate if it is not accompanied by a responsible and adaptive reformulation to the complexity of contemporary evidence. Exploration of alternative forms of evidence offers opportunities to increase precision and transparency that have been difficult to achieve with traditional mechanisms, but all of these innovations can only contribute constructively if they are placed within a strict legal and ethical framework, given the inherent risks such as algorithmic bias, the reduction of judicial convictions to statistics without context, and gaps in accountability between jurisdictions in the application of forensic technology.
Pencantuman Klausula Ahli Waris dalam Perjanjian Kredit Dikaitkan dengan Asas Kepribadian Muhammad Nur Alamsyah; Vazrie Avicenna; Gusti Yosi Andri
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 2 (2025): Juni: Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v3i2.2401

Abstract

The heirs' clause in the credit agreement raises legal problems because it concerns the attachment of third parties. This study aims to analyze the inclusion of heirs' clauses based on privity of contract and its legal implications for legal protection for creditors and heirs. Normative juridical method has used with regulatory and conceptual approach. The results shown that the heir's attachment clause in a credit agreement does not necessarily bind the heirs automatically because the privity of contract limits the engagement only to the parties who made the agreement. This is based on the existence of the principle of saisine in Civil Law and the principle of ijbari in Islamic Law where the heir automatically becomes the owner of the heir's legacy. However, the attachment that arises is only limited to the management of heritage property before it is distributed as inheritance. The applicability of the clause must also take into account whether there is an inheritance by the heirs, because the liability for the heir's debts only arises if the inheritance is received. If the inheritance is rejected, the creditor cannot impose payment obligations on the heirs even though there is an attachment clause. On the other hand, Islamic Law has emphasized that inheritance received by heirs is only inheritance that has been reduced by burdens, including the heir's debt. Therefore, the inclusion of the heir's clause is only a notification that reminds the heirs that there are still unfulfilled heirs' obligations, namely debts.
Pembentukan karakter anak melalui kisah-kisah Nabi dalam Al-Qur’an Dinda Rezika Shifa; Cantika Maharani; Nur Fadhillah Eka Putri
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 2 (2025): Juni: Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v3i2.2431

Abstract

This study aims to examine how the stories of the prophets in the Qur’an can serve as an effective medium for character building in children from an early age. The research is motivated by the growing need for character education amidst the moral challenges of modern times, and by the strong potential of prophetic stories to convey Islamic values such as honesty, patience, responsibility, and monotheism. A qualitative approach was employed through a literature review method. The findings indicate that the stories of Prophet Musa (Moses), Ibrahim (Abraham), Muhammad, and Yunus (Jonah) contain relevant and applicable character values for children. By presenting moral teachings through storytelling, these narratives allow children to internalize values in an engaging and meaningful way. When delivered according to the child’s developmental stage, prophetic stories become an educational tool that effectively nurtures religious, responsible, and noble character. This study is expected to contribute to the development of Islamic value-based character education models in both family and formal educational settings.

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