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Mohammad Zainal Hamdy
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Syura: Journal of Law
Published by Sekolah Tinggi Agama Islam Darul Ulum Banyuanyar Pamekasan
ISSN : -     EISSN : 29865670     DOI : https://doi.org/10.58223/syura.v1i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Syura is a journal of Law, published biannually: on Februari and August by Constitutional Law Department, Sekolah Tinggi Agama Islam Darul Ulum Banyuanyar Pamekasan, Indonesia. The objective of Syura is to offer the highest quality research to the broadest possible audience. The Editorial aims to offer an academic platform for cross-border legal research. It includes but is not limited to various fields such as philosophy and theory of law, comparative law, sociology of law, international law, constitutional law, private law, economic law, environmental law, criminal law, administrative law, cyber law, human rights law, Islamic Law and agrarian law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 30 Documents
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The Dissolution of Political Parties in Indonesia is Viewed from the Constitutional Aspect Mursyidi, Mursyidi
Syura: Journal of Law Vol. 1 No. 1 (2023): February
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v1i1.24

Abstract

Democracy is a manifestation of the State of Indonesia. This means that Indonesia always triess to guarantee the rights of its citizens to freedom of association and assembly. This is stated in the state constitution, namely the 1945 Constitution concerning guarantees for human rights. This right is the right to associate and assemble which can be dedicated as a forum for establishing a political party. So in matters of the state, it is always related to the problems of political parties. This political party has a role in determining the direction of policies and goals of a country. The development of political parties can also be a development towards the direction of the country, so it is necessary to have restrictions on the establishment of a political party. Like having to have the same ideology with the ideology of the state. Political parties that are proven to have different ideologies from the state will be dissolved and frozen and in this case the dissolution mechanism has been regulated by the state. This change and suspension is a form of restriction given by the state to guarantee national security and also guarantee the rights of Indonesian citizens.
Legislation Committee as Law Center in the National Law Development Baidowi, Achmad
Syura: Journal of Law Vol. 1 No. 1 (2023): February
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v1i1.25

Abstract

The shift in the DPR legislative function after the amendment of the UUDNRI 1945, which was previously owned by the President then become the DPR function brought major changes. This change, plays an important role in the process of checks and balances and in enhancing the development of national law quality. However, this change is still not optimal. As can be seen from the fact that the legislative products produced by the DPR are not yet maximal, both quantitatively and qualitatively. Optimizing Baleg's position as a Law Center with the support of reliable supporting staff is one way to improve legislative performance. So far Baleg's role in carrying out its duties has not been optimal due to various interests which have hindered the drafting of the National Legislation Program and the deliberation of the Bill and the absence of a road map in monitoring and reviewing laws. Baleg's position as a Law Center must be strengthened to minimize the obstacles that arise so that the Prolegnas that have been set can be realized. Baleg needs to make arrangement so that the implementation of its duties can be optimal and ultimately able to improve the performance of the DPR in carrying out its powers as legislators. A road map in post legislative scrutiny needs to be made so it is clear that the implementation can be carried out in a directed and measurable manner.
The Analysis of Sperm Donor Insemination Based on Perspective of Islamic Criminal Law Nasiri, Nasiri
Syura: Journal of Law Vol. 1 No. 1 (2023): February
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v1i1.35

Abstract

Insemination of donor sperm is an interesting subject to study. There is a chance that the child from the donor's sperm will not be recognized by the parents if it is different from expectations. Therefore, in terms of recognition, both in terms of positive law and Islamic law, it is an interesting problem to study.The aims of this study are: (1) to find out Islamic criminal law views on donor sperm insemination; (2) to find out the form of sanctions insemination of donor sperm according to Islamic criminal law. The design used in this study was normative legal research with a (statute approach) from the perspective of Islamic criminal law. In this study, documentation data collection techniques were used. Analysis technique normative legal research,used was descriptive-analysis with evaluation, interpretive, construction, and content analysis.Islamic criminal law views on donor sperm insemination is haram (forbidden) in Islamic perspective. The law is the same as adultery and children born from this kind of insemination have the same status as children born outside of a legal marriage. Perspective of Islamic criminal law on perpetrators. Artificial insemination with donor sperm cells is not restricted as is the law of fornication in adultery, however, artificial insemination with donor sperm is ta'zir on the grounds that the elements in the hadd of adultery are not fulfilled because there is no direct sexual intercourse.
‘Azl al-Hakim Baina al-Fiqh wa al-Qanun: Dirasah Muqaranah bi al-Qanun al-Yamani al-Ansi, Abdel Salam Hammoud Ghaleb
Syura: Journal of Law Vol. 1 No. 1 (2023): February
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v1i1.36

Abstract

It is noticeable in the life of the Islamic nation and by tracing the biography of the Messenger and the Rightly Guided Caliphs after him, how was the interest in appointing the ruler and the concern for the presence of a ruler for the nation who applies the Sharia and establishes borders between people and protects the egg of Muslims, and the Messenger had sent deputies to him in places far from him, like sending Moaz to Yemen May you live among them, because of the importance of this subject in Islamic legislation and Islam’s keenness to secure people’s lives and their property, because when the ruler is absent, corruption and domination of the powerful appear, rights are lost and strife prevails, and due to the importance of the subject, we note the Islamic legislation setting controls and conditions for this ruler, and specifying when he is dismissed, and we mention here in this tagged research B (Isolation of the ruler between jurisprudence and law, a comparative study with Yemeni law) A summary of what is related to the removal of the ruler in Islamic jurisprudence with a comparison to the republican and royal systems, as we will show, and I chose the comparison with Yemeni and Egyptian law as a model for the republican system, and Saudi Arabia as a model for the monarchy
Mahsa Amini, Hijab, and Mass Movements: Reading the Iranian Constitution About Women in Public Spaces Mas'odi, Mas'odi; Ahmad, Fandi
Syura: Journal of Law Vol. 1 No. 1 (2023): February
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v1i1.38

Abstract

This study tries to examine the ideology of White Supremacy in the West and its impact on geopolitical stability in several Eastern countries. White Supremacy is an ideology that views the white group as superior to the colored group. This ideology is full of nuances of racism with violent discourse that discredits other groups. Collecting data in this study using literature study. This study aims to examine the process of domination of the West over the East which is full of racism, and the double standard attitude of the West in responding to conflicts in a country. The results of this study show that White Supremacy causes the values of moderation – which are the biological children of democracy – to experience a crisis and do not appear in many Western political policies towards the East. The Israeli-Palestinian conflict, for example, is a concrete example where the West does not sanction Israel, unlike the West did to Russia in the war in Ukraine. This is because Israel and Ukraine are countries that are close to the West, where the right-extreme-radical view is not only widely embraced by the public but also by politicians and government elites.
Mafhum Zawaj al-Misyar wa Shuwaruhu Baina al-Fiqh wa al-Qanun al-Ansi, Abd al-Salam Humud Ghalib; Mukit, Abdul; Tamam, Badrut; Syibawaih, Syibawaih
Syura: Journal of Law Vol. 1 No. 2 (2023): August
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v1i2.86

Abstract

This study aims to investigate misyar marriage from a theoretical and practical perspective, which the jurists, predecessors and successors, have debated between those who permit it and those who deny it, who are content with their evidence and are happy with their parties. We learned that all claims in religion must be presented with conclusive evidence and clear proofs in order for them to come close to the truth and correctness that God has guided to those of understanding. Based on the above, the researchers presented questions on this topic, which are: 1) How is the concept of misyar marriage? And 2) how he photographed it. The method used is the descriptive method in library studies, where the researchers followed the secondary and additional sources by reading, looking, and analyzing them, then described them qualitatively until they concluded the conclusion from them. The result reached is what can be considered as permissibility subject to controls and only when necessary. As is well known, this marriage is not the legitimate and required marriage that achieves its purposes, but the situation that the matter has reached is estimated and the woman is made to go ahead with that and give up part of her right, with warning and attention. With conditions.
Penyelesaian Sengketa Kepemilikan Atas Tanah Antara Para Pemegang Hak Faradhiba, Tahta; Subekti, Subekti
Syura: Journal of Law Vol. 1 No. 2 (2023): August
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v1i2.87

Abstract

Various issues of land disputes in Indonesia often cause polemics that drag on in social life, moreover land is a natural resource that has high value. The Basic Agrarian Law is the basis for legal protection which also creates derivative regulations to resolve land cases. The information in the certificate of land rights must match the physical data and juridical data recorded in the measurement letter and the land book concerned. This clarity and consistency provides legal certainty and prevents ambiguity. In essence, the principles of justice and legal certainty are the main ones and must be given to the community, especially to the disputing parties. This study discusses efforts to resolve land ownership disputes. Using normative research methods, land dispute resolution begins with administrative procedures for government agencies, in this case by the National Land Agency, through mediation, to litigation by the General Court and the Arbitration Board. Keywords: Land Disputes, Rights Holders.
The Review of Islamic Law in Showing off the Bride and Groom in Front of an Invitation : Perspective of KH. Abdul Hamid bin Itsbat Banyuanyar in the Book of Tarjuman Samheri, Samheri; Ludfi, Ludfi
Syura: Journal of Law Vol. 1 No. 2 (2023): August
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v1i2.93

Abstract

Abstract Indonesian society generally displays the bride and groom in front of guests and the general public. In fact, this has spread in various areas to remote villages. Each region has its own characteristics in celebrating the momentum of this celebration/wedding party. However, almost evenly in all regions, when the guests poured out, the bride and groom were displayed in front of the guests and even the general public. The bride and groom were beautifully made up, sitting on a throne with stunning decorations and reasonable costs. So, what is the law on displaying the bride and groom in front of invitations? What is the view of the Madurese cleric KH Abdul Hamid bin Itsbat Banyuanyar Pamekasan regarding the display of the bride and groom in front of the guests and the general public as written in the Tarjuman Book which is famous among families, students, alumni and sympathizers of the Banyuanyar Islamic Boarding School. The research method used in this research is qualitative research, which is a type of library research. This research was carried out so that the wedding celebration which was recommended by the Prophet Muhammad could be carried out without losing its essence and not going beyond the boundaries of Sharia law. The findings of this research state that displaying the bride's bride in front of invitees and the general public is considered a disobedience that can lead her to the torment of hell in the end, that is what KH stated. Abdul Hamid bin Itsbat Banyuanyar Islamic Boarding School, in his book Tarjum
The Judge in the Islamic Balance Al-Saadi, Arwa Ahmed Hamood; Hafshah, Hafshah; Mostafa, Mostafa; Mursyidi, Mursyidi; Albab, Moh. Ulul
Syura: Journal of Law Vol. 1 No. 2 (2023): August
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v1i2.101

Abstract

This academic paper delves into the intricate and multifaceted role of the judge within the context of Islamic jurisprudence. Drawing from the rich and diverse heritage of Islamic legal traditions, the study seeks to illuminate the judge's pivotal position as the embodiment of justice, ethics, and social equilibrium in Muslim-majority societies. It explores the historical evolution of Islamic jurisprudence and its relevance in contemporary legal systems, emphasizing the judge's duty to uphold Islamic law while adapting to the changing demands of modern society. In conclusion, this paper provides a comprehensive analysis of the judge's pivotal role in the Islamic legal system and its relevance in the modern world. It underscores the importance of preserving the integrity and independence of the judiciary while adapting to the evolving needs of Muslim-majority societies. Understanding the judge in the Islamic balance is essential for promoting justice, fostering social harmony, and maintaining the principles of Islamic jurisprudence in a contemporary global context.
Urgensitas Penerapan Asas-Asas Umum Pemerintahan Yang Baik Pada Konflik Rempang Eco City Wafi, Abd.; Mas'odi, Mas'odi
Syura: Journal of Law Vol. 2 No. 1 (2024): February
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v2i1.177

Abstract

This study examines how the implementation of the Principles of Good Governance (AAUPB) is crucial in addressing conflicts in Rempang Eco City. The conflict significantly impacts the central government's efforts to transform Pulau Rempang and its surroundings into a hub for trade, industry, and tourism, involving various stakeholders working on the environmental project. Consequently, to resolve the conflict on Pulau Rempang, it is crucial to incorporate the principles of good governance. The goal of applying these principles is to enhance transparency and accountability in governance. They will also aid in conflict resolution and encourage active participation of the community in project decision-making. This research also analyzes the case in Pulau Rempang to illustrate the challenges and prospects of implementing good governance principles in the context of environmental conflict. The research findings indicate that applying these principles can lead to more sustainable solutions beneficial to all parties involved in the Rempang Eco City conflict. Conversely, this study helps us understand the importance of implementing good governance principles in addressing similar environmental conflicts.

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