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El Dusturie: Jurnal Hukum dan Perundang-undangan
Published by Institut Agama Islam Negeri Ponorogo
ISSN : 29622115     EISSN : 28307941     DOI : 10.21154/el-dusturie
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
El-Dusturie: Jurnal Hukum dan Perundangan merupakan jurnal peer-review dengan sistem double blind review yang diterbitkan oleh Fakultas Syariah IAIN Ponorogo dengan ruang lingkup Hukum Tata Negara dan Hukum Administrasi Negara Khususnya dalam kaitannya dengan ketatanegaraan islam dan perkembangan isu-isu kontemporer
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol 3 No 2 (2024)" : 6 Documents clear
Politik Hukum Dalam Penentuan Batas Usia Capres Dan Cawapres Di Indonesia Perspektif Fiqh Siyasah Prayoga, Susilo Hadi
El-Dusturie Vol 3 No 2 (2024)
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/eldusturie.v3i2.9197

Abstract

The determination of the age limit for presidential and vice-presidential candidates in Indonesia has sparked political and legal dynamics, particularly regarding the involvement of younger generations in national leadership. This issue surfaced with the nomination of Gibran Rakabuming Raka as a vice-presidential candidate in the 2024 election, influenced by Constitutional Court Decision No. 90/PUU-XXI/2023, which regulates the minimum age requirement for presidential and vice-presidential candidates. Research Question: This article examines how the age requirements for presidential and vice-presidential candidates are viewed from the perspective of Fiqh Siyasah and the political-legal implications in Indonesia. The primary questions include: how does Fiqh Siyasah address these age restrictions, and what are the political and legal implications of the Constitutional Court’s decision within the context of Indonesian democracy? Research Method: This research employs a qualitative approach with a normative legal perspective, analyzing data based on legal documents, court rulings, and relevant literature on Fiqh Siyasah. Data and Findings: The Constitutional Court Decision No. 90/PUU-XXI/2023 amended Article 169 letter q of the Election Law, previously setting the minimum age for presidential and vice-presidential candidates at 40 years, to include an alternative requirement of experience as an elected official. This decision has sparked debate about dynastic politics and the constitutional rights of younger generations. However, it is considered consistent with the principles of Fiqh Siyasah, prioritizing public interest, provided that it aligns with the criteria of good leadership. The findings suggest that this decision does not violate the principles of Fiqh Siyasah; instead, it opens opportunities for younger generations to participate in national leadership in accordance with public welfare and constitutional rights. Keywords: Age Limit, Fiqh Siyasah, Legal Politics.
Mekanisme Pengisian Kekosongan Jabatan Kepala Daerah Dalam Perspektif Fiqh Siyasah Serta Hukum Positif Dewi, Amelia Kusuma
El-Dusturie Vol 3 No 2 (2024)
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/eldusturie.v3i2.9370

Abstract

The writing of this scientific article discusses filling vacancies in regional head positions, such as this year where there are several vacancies in regional head positions because their terms of office have expired or they have died and been dismissed for some reason, therefore there is a mechanism for appointment of regional heads (Pj) carried out by the central government. . The polemic regarding the appointment of regional heads (Pj) which is not transparent and not participatory is very inadequate because it only involves the governor, minister of home affairs and the president without considering the Constitutional Court's decision which in its legal considerations outlines that the filling of acting regional heads must be transparent and not ignore democratic values to avoid abuse of authority in the process of appointing the acting regional head. From the results of this research, it can be concluded that filling vacancies through the position appointment (Pj) mechanism is not in accordance with democratic principles because it does not involve the people either directly or through representatives in the appointment. Keywords: Vacancies in Positions, Regional Heads, Fiqh Siyasah, Positive Law
Perbandingan Kinerja Bumdes Yang Terdaftar Dan Tidak Terdaftar Sebagai Badan Hukum Ariatiningsen; Aslamiyah, Nurul; Qolbiyyah, Shofwatal
El-Dusturie Vol 3 No 2 (2024)
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/eldusturie.v3i2.9838

Abstract

This research explores the comparison of the performance of Village-Owned Enterprises (BUMDes) that are registered as legal entities and those that are not registered, with a focus on the impact of legality on operational effectiveness and economic contribution to village communities. Registration of BUMDes as a legal entity is believed to provide various benefits, such as easier access to funding sources, increased public trust, and more transparent business management. This research uses mixed methods yuridis normative and by collecting qualitative data through interviews and field observations. The results of the analysis show that BUMDes registered as legal entities tend to have superior performance in terms of revenue, operational efficiency and business expansion capabilities. Meanwhile, unregistered BUMDes face limited access to funding and strategic partnerships, as well as problems in terms of accountability and transparency. This study suggests the importance of government support in facilitating the legal entity registration process for BUMDes in order to increase competitiveness and sustainability at the village level.
Kebijakan Delik Penghinaan Presiden Dan Wakil Presiden Dalam Prespektif Hukum Pidana Dalam Kuhp Baru Ntaki, Fendi Setiawan
El-Dusturie Vol 3 No 2 (2024)
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/eldusturie.v3i2.9849

Abstract

That the debate on the inclusion of the crime of Insulting the President in the New Criminal Code can be said to be a discussion that has attracted quite a lot of public attention, on the one hand, academics who are observers of Human Rights assume that the inclusion of the crime of Insulting the President in the New Criminal Code will violate freedom of expression, and in the Criminal Perspective the Article on Insulting the President must be maintained. that this study aims to determine How the Unlawful Acts of the Crime of Insulting the President and Vice President are in the Perspective of Criminal Law This study uses a normative normative legal approach, which means that the research is carried out by looking at library materials (secondary data) or library legal research. In addition, the analytical descriptive method will be used. The results of this study explain that there are three important notes related to the offense of insult regulated in the New Criminal Code, especially the Article on Insults to the President and Vice President. First, this offense is very subjective, meaning that the assessment of insults is very dependent on the person or party whose good name is attacked. Therefore, insults are complaint offenses that can only be processed by the police if there is a complaint from the person or party who feels insulted. Second, insults are dissemination offenses, meaning that the substance that contains and insults must be disseminated to the public and displayed in public. Third, people who commit defamation by accusing something that is considered insulting to someone or another party must be given the opportunity to prove the accusation. Reports made by the president and vice president are only permitted in accordance with the three articles above because they violate the law and the rights of others.
Perspektif HAM Dan Maqashid Syari’ah Dalam Meninjau Kebijakan Hukuman Mati Dalam Undang Undang No. 1 Tahun 2023 Tentang KUHP Anggraini, Rooza Meilia; Maksum, Muh.; Dewi, Arlinta Prasetian
El-Dusturie Vol 3 No 2 (2024)
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/eldusturie.v3i2.9908

Abstract

The death penalty is a form of punishment whose existence is a topic of debate. Death penalty regulations in Indonesia experienced dynamics, until the enactment of Law Number 1 of 2023 concerning the Criminal Code. In this latest law, the death penalty sanction can be changed to life imprisonment if the convict shows good behavior for 10 years. The aim of this research is to understand how the principles of human rights and maqashid sharia are applied in the death penalty policy regulated in Law no. 1 of 2023. This research is included in literature research with a legislative approach to question the existence of the latest regulations regarding the death penalty, whether they are in line with or contrary to human rights principles and maqashid sharia. The research results show that the change in the status of the death penalty is not in line with human rights. This happens because humans basically have the same rights to own their lives. The right to life must not be taken away by anyone, so those who have taken the lives of others without justifiable reasons, at the same time have ignored other universally respected human rights. Meanwhile, if viewed from the perspective of maqashid sharia, changes in provisions regarding the death penalty are not relevant to the objectives of sharia in terms of preserving the soul (hifdz an nafs), where there is no guarantee that the convict will not repeat the same act in the future. The results of this research should be able to evaluate the social impact and how the policy affects society and the legal system in Indonesia.
Penal Policy Cybercrime Artificial Intelligence (AI) Era Society 5.0 Presfektif Fiqih Jinayah dan Undang-Undang Nomor 19 Tahun 2016 tentang Informasi dan Transaksi Elektronik Iriani, Dewi
El-Dusturie Vol 3 No 2 (2024)
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/eldusturie.v3i2.9936

Abstract

Cybercrime is increasing in line with the advancements of the era, triggering the need for legal protection governing the use of Artificial Intelligence (AI). This research aims to develop a penal policy that provides protection for victims of AI-based cybercrime by addressing two main issues: 1) the concept of prohibiting AI-based cybercrime in the Society 5.0 era from the perspective of Fiqh Jinayah and 2) the urgency of penal policies in protecting victims of AI-based cybercrime in this era. Using a qualitative normative approach, the study analyzes legal frameworks, including Law Number 19 of 2016 on Electronic Information and Transactions, and integrates the theories of Penal Policy and Fiqh Jinayah as analytical foundations. The findings reveal that, from the Fiqh Jinayah perspective, AI-based cybercrime is categorized as jarimah, subjecting perpetrators to hudud punishments under Law Number 1 of 2024. Furthermore, the urgency of penal policies lies in strengthening government regulations, requiring official registration of all internet applications through the Ministry of Communication and Information (Kemeninfo). Recommendations include fostering inter-agency collaboration, involving IT experts in mapping hacking threats, and focusing on enhanced cybersecurity measures

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