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Mohammad Zainal Hamdy
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jamiah.duba@gmail.com
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+6285330777699
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syura.duba@gmail.com
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Jl. PP. Darul Ulum Banyuanyar Poto'an Daya Palengaan Pamekasan Madura Jawa Timur 69362, Indonesia
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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 5 Documents
 1 
Search results for , issue "Vol. 3 No. 1 (2025)" : 5 Documents clear
Kekuatan dan Batas Judicial Review dalam Arsitektur Hukum Indonesia Mursyidi, Mursyidi
Syura: Journal of Law Vol. 3 No. 1 (2025)
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v3i1.387

Abstract

The 1945 Constitution of the Republic of Indonesia grants judicial review authority to two state institutions: the Constitutional Court and the Supreme Court. However, the dualism of this authority has led to potential legal problems in its implementation, both conceptually and practically. This study aims to analyze the mechanism of judicial review within Indonesia’s legal system and to evaluate its effectiveness and consistency in upholding constitutional supremacy. The research employs a normative legal method with statutory, conceptual, historical, and comparative approaches. The findings reveal that the division of judicial review powers between the Constitutional Court and the Supreme Court creates inefficiencies and the possibility of inconsistent rulings. Additionally, there is ambiguity in the delineation of authority, which may lead to institutional conflicts and weaken constitutional oversight. Based on these findings, the study recommends a restructuring of the judicial review system in Indonesia by consolidating the authority under a single institution—the Constitutional Court. This consolidation is expected to strengthen constitutional oversight, ensure legal certainty, and enhance the effectiveness of the national legal system. The main contribution of this research lies in providing a conceptual and juridical basis for reinforcing the role of the Constitutional Court as the sole authority for judicial review, thereby promoting a more coherent, responsive, and constitutionally grounded legal order in Indonesia
The Pillars of Hajj for Muslims and Their Impact on The Pilgrim Jabbar, Hadee Radhi
Syura: Journal of Law Vol. 3 No. 1 (2025)
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v3i1.436

Abstract

This study investigates the multifaceted dimensions of Hajj, the Islamic pilgrimage, which is not only a fundamental religious obligation but also a transformative spiritual journey with deep personal and communal significance. While Hajj is well-established in Islamic jurisprudence as one of the five pillars of Islam, this research identifies a gap in understanding its broader impacts beyond the legal framework. The primary aim of this study is to analyze the educational, spiritual, social, and psychological effects of Hajj, particularly among Iraqi pilgrims. Employing a qualitative analytical method, the study draws upon classical Islamic sources, contemporary literature, and testimonies from Iraqi pilgrims to explore the lived experience of Hajj. The findings are organized into four thematic dimensions. The first addresses the legal foundation of Hajj, including its legitimacy, types, and essential rulings. The second highlights the spiritual and moral impacts, such as enhanced self-discipline, deeper faith, and increased humility. The third focuses on social and cultural benefits, including the promotion of Muslim unity, intergroup tolerance, and the sharing of diverse experiences. The fourth examines psychological effects, such as emotional healing, inner peace, and the profound feeling of divine connection and repentance. This research concludes that Hajj transcends its ritualistic form to become a life-changing experience that reshapes a believer’s relationship with God, self, and society. The study contributes to Islamic studies by offering a holistic understanding of Hajj’s role in individual transformation and communal harmony, especially within the context of Iraqi society.
Prospek Politik Islam dalam Lanskap Demokrasi Indonesia Kontemporer M, Madhur
Syura: Journal of Law Vol. 3 No. 1 (2025)
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v3i1.437

Abstract

Islamic political parties represent an integral part of Indonesia’s pluralistic and democratic political landscape. This study addresses the core issue of how Islamic political parties have evolved ideologically and politically in the context of Indonesia’s post-reform democratic system. The central objective of this research is to analyze the ideological foundation, development trajectory, and socio-political relevance of Islamic parties in Indonesia, particularly in terms of their role in promoting Islamic values while navigating a secular democratic framework. Using a qualitative descriptive method with a literature-based approach, this study collects data from academic books, journal articles, and relevant documents. It examines key parties such as the Prosperous Justice Party (PKS), the United Development Party (PPP), and the National Mandate Party (PAN), all of which represent various streams of Islamic political thought and influence .The findings reveal that Islamic political parties in Indonesia, while rooted in Islamic teachings emphasizing social and economic justice, face ongoing challenges in balancing religious identity with broader national interests. Although they actively participate in electoral politics and have shown fluctuating but sustained electoral performance, criticisms persist regarding their perceived overemphasis on religious issues at the expense of socio-economic development. This research contributes to the understanding of how Islamic political parties adapt to changing democratic dynamics in Indonesia. It also provides insights for future political engagement strategies that harmonize religious values with inclusive national development goals.
Restorative Justice dalam Kasus Anak Pelanggar Lalu Lintas Utoro, Rio Anggid Bambang; Nadir, Nadir; Pakendek, Adriana
Syura: Journal of Law Vol. 3 No. 1 (2025)
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v3i1.476

Abstract

his study examines the criminal liability of children involved in traffic violations resulting in injury, viewed through the lens of restorative justice. The involvement of minors in traffic accidents often presents a legal dilemma, as it requires a careful balance between protecting the rights of victims and safeguarding the legal interests of the child offender. The primary objective of this research is to analyze the extent to which restorative justice principles can be applied to child offenders in traffic-related incidents and to identify the obstacles hindering their effective implementation. The research employs a normative juridical approach, drawing upon relevant statutory regulations, legal doctrines, and scholarly literature. The findings reveal a normative disharmony between Law No. 22 of 2009 on Road Traffic and Transportation, which emphasizes a retributive approach, and Law No. 11 of 2012 on the Juvenile Criminal Justice System, which prioritizes restorative justice. In practice, the application of diversion mechanisms and restorative justice in cases where child traffic offenders cause injury remains suboptimal. This is due to limited understanding among law enforcement officials, the absence of clear technical guidelines, and resistance from victims or their families. The study contributes to the academic discourse by recommending regulatory harmonization and capacity building among legal institutions to realize a juvenile justice system that is fair, educational, and restorative in nature.
The Legal Rulings (Ahkam Al-Taklifiyah) in Surah Al-Isra: A Study in the Framework of Usul al-Fiqh Khmees, Isra Sbea
Syura: Journal of Law Vol. 3 No. 1 (2025)
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v3i1.477

Abstract

This study explores the concept of Ahkam Al-Taklifiyah (obligatory legal rulings) and their applications as found in Surah Al-Isra, using the analytical framework of Usul al-Fiqh (principles of Islamic jurisprudence). The core issue addressed in this research is the need to comprehend how divine commands—both obligations and prohibitions—are manifested in the Qur'anic discourse and how they function as legal directives for human conduct. Specifically, this research seeks to examine the types and instances of Ahkam Al-Taklifiyah within Surah Al-Isra, highlighting their roles in shaping ethical and legal norms in Islamic law. The study employs a qualitative method through textual analysis (tahlil al-nass) by identifying, categorizing, and interpreting verses that represent legal rulings, such as commands (amr), prohibitions (nahy), permissions, and recommendations. Using the tools of Usul al-Fiqh, the research identifies the linguistic markers and contexts that signify each type of ruling. The findings reveal that Surah Al-Isra contains a significant concentration of legal-moral directives, including clear imperatives related to worship, social justice, and personal ethics. These rulings reflect the divine intention of regulating both individual and communal life through obligatory and prohibited actions. This research contributes to a deeper understanding of the integration between Qur'anic exegesis and Islamic legal theory, providing a model for legal-textual analysis within the Qur'an

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