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Siyasyatuna: Jurnal Hukukm Tata Negara
Published by Institut Agama Islam Tasikmalaya
ISSN : -     EISSN : 29637996     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
Siyasatuna adalah Jurnal yang terbit setiap dua kali setahun pada bulan Agustus dan Februari yang diterbitkan oleh program studi Hukum Tata Negara IAI Tasikmalaya. Aspek jurnal ini mencakup masalah hukum ketatanegaraan baik yang umum atu lebih spesifik. Jurnal ini memuat hasil penelitian baik yang dilakukan oleh dosen, sarjana dan para cendekiawan yang konsen pada masalah hukum ketatanegaraan atau pada aspek hukum yang lebih luas yang terbit pada bulan Maret dan September
Arjuna Subject : Umum - Umum
Articles 71 Documents
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EFEKTIVITAS PERIODISASI KEPENGURUSAN RT DAN RW BERDASARKAN PERDA KOTA TASIKMALAYA NOMOR 10 TAHUN 2007 TENTANG RUKUN TETANGGA DAN RUKUN WARGA DALAM PERSPEKTIF SIYASAH DUSTURIAH (Studi Kasus Di Kelurahan Sukamaju Kidul Kecamatan Indihiang Kota Tasikmalaya) Noor, Fauz
Siyasyatuna | Jurnal Hukum Tata Negara Vol 2 No 1 (2023): Vol.2 No.1 Tahun 2023
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/siyasatuna.v2i1.170

Abstract

Islamic state administration (Siyasah dusturiyah) is related to the concept of leadership, namely the periodization of the term of service or the position of a leader is something new in the siyasa dusturiyah, where in the Islamic state the boundaries of a leader's position are not limited, whereas in modern state administration, especially in Indonesia, currently there are limitations based on the time or period of good leaders on a small to large scale as outlined in the regulations set by the government. This study aims to determine the views of siyasah dusturiyah related to the periodization of the leader, the perception of the community in RT 003 RW 002 and the periodization of the head of the Rukun Tetangga. This study uses an empirical research methodology with a qualitative approach. Sources of data used are primary and secondary data. The results of this study indicate that there is a dualism of views on periodization where in the siyasa dustiriyah of a leader there is no periodization while according to the Regional Regulation there is periodization, this can be found based on rules based on the principle of benefit. The public's perception of the periodization of the head of the Rukun Tetangga is different from local regulations and tends to violate the rules. In Sukamazukidul, the periodization of the head of the RT was not effective, because many RTs did not do the periodization.
REKONSTRUKSI DAN REAKTUALISASI HUKUM ISLAM DALAM PRESFEKTIF MUNAWIR SJADZALI dadi, Dadi
Siyasyatuna | Jurnal Hukum Tata Negara Vol 2 No 1 (2023): Vol.2 No.1 Tahun 2023
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/siyasatuna.v2i1.171

Abstract

Perhatian utama Munawir Sjadzali terletak pada premis bahwa terdapat sejumlah ayat al-Qur'an khususnya yang berkaitan dengan masalah-masalah sosial, bukan ritual yang tidak sesuai dengan kebutuhan masa kini, seperti hukum waris, perbudakan dan bunga bank. Dalam soal ini Munawir antara lain merujuk pada semangat pengalaman khalifah Umar bin Khattab.Pola ijtihad Umar bin Khattab yang berani dan jujur ini telah memberi inspirasi bagi Munawir untuk berpendapat bahwa hendaknya komunitas muslim jujur dan berani dalam berhubungan dengan hukum Islam. Percaya akan dinamika dan vitalitas syari'ah, ia menganjurkan kalangan Islam untuk melakukan reaktualisasi hukum Islam.
Menakar Nalar Hukum Profetik pada Perilaku Politik Kaum Cendekia (Konteks Pendekatan Konstruktif Maqashid Syari’ah) Munir, Asep Arsyrul
Siyasyatuna | Jurnal Hukum Tata Negara Vol 4 No 2 (2024): Maret 2024
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/siyasatuna.v4i2.88

Abstract

The ideals of tranquility, justice, welfare, and constancy of a nation are - sometimes - pawned by a number of vested interests owned and played by a handful of ruling elites. The manifestation of division is indicated by unstable political behavior. At the grassroots level, fanaticism that usually raises the alibi of freedom of expression is shown through hate speech that knows no empathy. In the name of criticism, sometimes the expression satire is used to legalize more or less the same thought, capitalizing on disagreement. This then takes on the educative role of the general public in justifying irrational political preferences. From here, at least two problems can arise that need to be defined in depth, namely: First, how is the correlation between legal reasoning, religious profetization, and the maqashid shari'ah approach at the individual level [?]; Second, how does the maqashid shari'ah construct measure prophetic legal reasoning in the political behavior of scholars [?] This research is qualitative in nature using bibliometric analysis. The bibliometric approach was originally used in quantitative analysis of scientific literature and publications to understand trends, patterns, and characteristics in a particular field of research. The analysis proposed then rests on the pragamatic value it generates; to the extent that it - in the broader category of the life of the nation and state - bursts out a myriad of positive benefits towards continuous improvement (islah yang ihsan), then to that extent also the effects of its omissions must be tolerated efficiently and effectively. Vice versa.
IMPLEMENTASI PERATURAN DAERAH PROVINSI JAWA BARAT NO. 1 TAHUN 2021 TENTANG FASILITAS PENYELENGGARA PONDOK PESANTREN DITINJAU DARI PERSPEKTIF SIYASAH DUSTURIYYAH (Studi Komparatif Kebijakan Publik Di Pondok Pesantren Sulalatul Huda dan Pondok Pesantren nurjamal, ecep
Siyasyatuna | Jurnal Hukum Tata Negara Vol 3 No 1 (2023): Oktober,2023
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/siyasatuna.v3i1.242

Abstract

The background to this study is the perception that the regional regulations in question may be populist in nature, in the sense that they have political elements, and their implementation in the relevant research location has not been optimal. Data for this research was collected through observation, interviews and literature review. The aim of this study is to evaluate the implementation of West Java Provincial Regulation No.1 of 2021 on Facilitating the Management of Boarding Schools from the perspective of Siyasah Dusturiyah (Comparative Study of Public Policy in Sulalatul Huda and Al-Mubarok Boarding Schools). Its focus is on providing clear, concise, and objective information, with a logical progression of ideas and a causal connection between statements. Technical terms are adequately explained, and conventional academic structures are followed. There is a consistent use of formal language, passive tone, and precise vocabulary throughout the document. The text is free from grammatical, punctuation, and spelling errors, and references are cited and formatted consistently. Bias is avoided by utilizing hedging techniques. The study employs a descriptive qualitative research approach. The research findings suggest that the implementation of the Regional Regulation No.1 Year 2021, which facilitates the operation of Islamic boarding schools in West Java, has been achieved from the perspective of Siyasah Dusturiyyah. However, the execution has not been fully optimised, especially at Sulalatul Huda Islamic Boarding School. On the other hand, in Al-Mubarok Islamic Boarding School - the benchmark for this study - the implementation of the regulation appears to have been relatively maximised. This is evidenced by the numerous achievements of the Pesantren on a local and national level, the objectively excellent condition of the Pesantren, as well as the empowerment, development, recognition, and affirmation that have been successfully implemented in accordance with the relevant regional regulations, although not all of them have been fully realized by the government agencies
TINJAUAN YURIDIS TERHADAP TINDAK PIDANA KESUSILAAN ANAK DAN PENYELESAIANNYA MENURUTSIYASAH DUSTURIYAH (Studi Kasus Putusan Hakim Pengadilan Negeri TasikmalayaPerkara No : 4/Pid.SusAnak/2021/PN Tsm) Noor, Fauz
Siyasyatuna | Jurnal Hukum Tata Negara Vol 3 No 1 (2023): Oktober,2023
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/siyasatuna.v3i1.243

Abstract

Criminal acts of decency committed by children are of course different from criminal acts committed by adults. Found in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, this shows that legalinstitutions in Indonesia are very concerned about the protection and rights of children, both victims and perpetrators. The purposes of this research are: 1) To find out the criminal procedural law that was carried out by judges at the Tasikmalaya District Court in dealing with criminal acts of decency committed by children. 2) To find out the verdict on the result of the crime of a child who committed a crime of decency at the Court Decision number PN TASIKMALAYA Number 4/Pid.Sus- Anak/2021/PN Tsm. 3) To find out the settlement of childdecency crimes according to the siyasah dusturiyah perspective. The method used in this study is normativejuridical through the Statute Approach, namely examining all regulations and laws concerned with relatedresearch. In the case with No. 4/Pid.Sus-Children/2021/PN Tsm, the perpetrator's child was not detained butreceived guidance in the Institution for 1 (one) year and Job Training for 6 (six) months, at the Social WelfareOrganizing Institution (LPKS) in I'Anatush Syibiyan in the Hamlet area of Babakan RT. 01, R.W. 01, Sindangjaya Village, Mangunjaya District, Pangandaran Regency. As well as being burdened with paying court fees in the amount of Rp. 2,500.00 (Two thousand five hundred rupiah).
STRATEGI PANITIA PENGAWAS PEMILIHAN UMUM KECAMATAN BUNGURSARI KOTA TASIKMALAYA DALAM PENCEGAHAN PELANGGARAN PEMILU 2024 PERSPEKTIF SIYASAH DUSTURIYAH ( Studi Kasus di PANWASLU Kecamatan Bungursari) Marwah Insani, Hakimah
Siyasyatuna | Jurnal Hukum Tata Negara Vol 3 No 1 (2023): Oktober,2023
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/siyasatuna.v3i1.244

Abstract

General elections, hereinafter referred to as elections, are a means of popular sovereignty to elect a leader to lead a country. The elections to be held in 2024 are legislative and executive elections which will be held simultaneously. Namely, electing the President and Vice President, Members of the People's Legislative Assembly, Members of the Regional Representative Council, and Members of the Provincial and Regency/City Regional People's Representative Councils. In the stages of the general election, it is necessary to have supervision in order to minimize violations in the election. The role of oversight institutions such as PANWASLU at the sub-district level is very helpful in overseeing the stages of the election process. For this reason, it is necessary to have a strategy prepared so that the stages can run according to applicable regulations. Oversight institutions are not only to supervise but also support the stages in the election. This research was conducted to find out how the strategy carried out by PANWASLU in Bungursari District in preventing election violations as well as how election violations are in the Dusturiyah Perspective. Methodology This research uses qualitative methods. The data sources used are primary and secondary data. The results of this study are that the PANWASLU of Bungursari District has carried out several strategies to carry out prevention in elections. However, after researching and conducting interviews in Bungursari District in the 2019 election, there was a violation committed, namely Money Politics. In the process of the 2024 election stages in Bungursari District, violations were also found by Pantarlih members, namely in the co-checking process but improvements had been made so that the co-coking stages were as expected. Everything that can interfere with the benefit of mankind is contrary to God's will. So election violations in the perspective of Siyasah Dusturiyah are considered to be able to interfere with the benefit of the people because in the process of selecting a leader there are several things that need attention.
IMPLEMENTASI PERATURAN DAERAH KOTA TASIKMALAYA NOMOR 7 TAHUN 2012 TENTANG PENGELOLAAN SAMPAH DALAM PERSPEKTIF SIYASAH SYAR’IYYAH (Suatu Penelitian di Dinas Lingkungan Hidup Kota Tasikmalaya) Wimpi U Rohman, Litra
Siyasyatuna | Jurnal Hukum Tata Negara Vol 3 No 1 (2023): Oktober,2023
Publisher : Program Studi Hukum Tata Negara

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

Abstract

The background to the waste management policy is the high amount of waste generation in the City of Tasikmalaya. Garbage is something that is always there in everyday life. All those who are active will definitely produce waste as a result of these activities is the increased production of waste generated by the community. To deal with this problem, the Regional Government of Tasikmalaya City issued a Regional Regulation on Waste Management Number 7 of 2012 concerning Waste Management which aims to improve professional waste management so that a clean environment is created and waste is a resource. The aims of this study are: 1) To find out the role of the Environmental Service in waste management based on Regional Regulation of the City of Tasikmalaya Number 7 of 2012 concerning Waste Management. 2) To find out what factors are inhibiting and supporting the implementation of waste management policies based on Regional Regulation Number 7 of 2012 concerning Waste Management. 3) To find out the policies after the issuance of Regional Regulation Number 7 of 2012 concerning Waste Management by Government Apparatuses. 4) To find out the implementation of the Tasikmalaya City Regional Regulation Number 7 of 2012 concerning Waste Management in the Siyasah Syar'iyyah Perspective. The method used in this research is normative juridical and empirical approach. The results of this study indicate that the implementation of waste management policies has not been fully successful in reducing the amount of existing waste generation. In its implementation there are still various obstacles such as, lack of human resources, infrastructure, budget and public awareness. Recommendations that can be given for this problem include socializing local regulations to the community, adding human resources and infrastructure and conducting coaching and training to the people of Tasikmalaya City
PERLINDUNGAN KONSUMEN ATAS PENARIKAN PAKSA OLEH DEBT COLLECTOR PERSPEKTIF SIYASAH MALIYAH (Studi Kasus di Badan Penyelesaian Sengketa Konsumen Kota Tasikmalaya) A. Arsyul Munir, Asep
Siyasyatuna | Jurnal Hukum Tata Negara Vol 3 No 1 (2023): Oktober,2023
Publisher : Program Studi Hukum Tata Negara

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

Abstract

Consumer Protection of Forced Withdrawal by Debt Collectors in the Perspective of Siyasah Maliyah (Case Study at the Tasikmalaya City Consumer Dispute Resolution Agency). In this writing using empirical legal research methods or commonly called sociological juridical research. Data collection techniques by means of observation and interviews. The purpose of this research is one of them: 1) To find out the objective conditions of forced withdrawal carried out by the Debt Collector. 2) To find out the role of the Consumer Dispute Resolution Body against consumers for forced withdrawal by Debt Collectors in terms of Law No. 8 of 1999 concerning consumer protection. 3) To find out the sanctions for Debt Collectors who make forced withdrawals against victims / debtors. The results of this study can be concluded that the forced withdrawal of vehicles carried out by Debt Collectors against consumers violates the current legal rules, and can even be punished with multiple articles
Menakar Nalar Hukum Profetik pada Perilaku Politik Kaum Cendekia: (Konteks Pendekatan Konstruktif Maqashid Syari’ah) Munir, Asep Arsyul
Siyasyatuna | Jurnal Hukum Tata Negara Vol 4 No 2 (2024): Maret 2024
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/siyasatuna.v4i2.275

Abstract

The ideals of tranquility, justice, prosperity and constancy of a nation are - at times - compromised by the vested interests of the ruling elite. The manifestation of division is indicated by unstable political behavior. At the grassroots level, fanaticism that usually raises the alibi of freedom of expression is shown through hate speech that knows no empathy. In the name of criticism, sometimes the expression satire is used to legalize more or less the same thought, capitalizing on disagreement. This then takes on the educative role of the general public in justifying irrational political preferences. From here, at least two problems can arise that need to be defined in depth, namely: First, how is the correlation between legal reasoning, religious profetization, and the maqashid shari'ah approach at the individual level [?]; Second, how does the maqashid shari'ah construct measure prophetic legal reasoning in the political behavior of scholars [?] This research is qualitative in nature using bibliometric analysis. The bibliometric approach was originally used in quantitative analysis of scientific literature and publications to understand trends, patterns, and characteristics in a particular field of research. The analysis proposed then rests on the pragamatic value it generates; to the extent that it - in the broader category of the life of the nation and state - bursts out a myriad of positive benefits towards continuous improvement (islah yang ihsan), then to that extent also the effects of its omissions must be tolerated efficiently and effectively. Vice versa. Keywords: Legal Reasoning, Political Behavior, Maqashid Shari'ah
ANALISIS TERHADAP UNDANG-UNDANG NOMOR 7 TAHUN 2017 TERKAIT DENGAN KETERWAKILAN PEREMPUAN DALAM LEMBAGA PENYELENGGARA PEMILU Marwah Insan, Hakimah
Siyasyatuna | Jurnal Hukum Tata Negara Vol 4 No 2 (2024): Maret 2024
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70143/siyasatuna.v4i2.280

Abstract

This research aims to explain the representation of women in election organizers such as the General Election Commission (KPU), the Election Supervisory Body (Bawaslu), and the Election Organizing Honorary Council (DKPP). This is a serious concern because women's political rights are essentially not only about the presence of women in political parties and parliament, but also in the entire process of holding elections, including election supervision. This research is library research or research using the library study method. In this research, it is explained that professional election management institutions are one of the determinants of the implementation of democratic elections. Open access and opportunities for women to become members of election organizers is one indicator that can be used to see whether the election organizer institution has been formed democratically. To realize equal access for women and men to be actively involved in public spaces is something that still requires special attention from stakeholders. One of the crucial problems related to this is that there is still an imbalance in the composition between men and women in organizing institutions.

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