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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
 1   2   3 
Implementasi Hukum Administrasi Negara Dalam Perspektif Maslahah Mursalah M, Madhur; Mas'odi, Mas'odi
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.v1i2.217

Abstract

State administrative law has an important role to create a good and orderly system of government. It is hoped that state administrative law wiil function to expedite the task of administering the state and provide legal guarantees to citizens and protect all people. This is also in line with the objektives of maslahah mursalah, so that the implementation of state administrative law can be integrated with exploring the values of maslahah mursalah. The purpose of this study is to find out how the role of islamic law (maslahah mursalah) in the implementation of state administrative law. The benefit of this research is to find out how far maslahah mursalah is applied to state administrative law. This study uses the usul fiqh approach as an epistemological basis in the application of state administrative law. This research is a qualitative reseach with descriptive analysis and library reseach. The results of this study are to find a common goal between state administrative law and maslahah mursalah, and the effectiveness of implementing state administrative law besed on maslahah mursalah values.
Peran Hukum dalam Pembangunan Ekonomi Nasional dan Industri Halal di Indonesia Saniah, Iah; Sholihah, Nurlailiyah Aidatus
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.v2i1.203

Abstract

This study aims to explain the role of law in national economic development and halal industry in Indonesia. The writing method uses qualitative, primary and secondary data sources obtained from literature studies related to the role of law in national economic development and the halal industry, types of data in the form of qualitative, data collection techniques in the form of previous research, data analysis techniques in the form of descriptive. Based on research conducted, it shows that the halal industry in Indonesia has laws and regulations in building the national economy, and the halal industry. According to the Ministry of Finance of the Republic of Indonesia 2019, the halal industry plays an important role in building economic growth, one of which is the halal industry has donated, namely an investment of USD 1 billion, and has opened 127 thousand jobs every year. Based on the results of this study, it is stated that the role of law in national economic development and the halal industry in Indonesia is an appropriate regulation, such as designing halal industry norms and rules through halal certification, and can build growth and development of the national economy
Berperan Dalam Pembangunan SDM, Saatnya Insentif Guru Ngaji Bersumber Dari APBN Baidowi, Achmad
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.v2i1.219

Abstract

Well-consolidated human resource development must be supported by an adequate, targeted and equitable budget so that there is an increase in quality in the national education system in our country. There are 3 (three) parties in the national education system, namely students, education personnel, and educators. As the name implies, students are pupils or students who will undergo education or the learning process. Meanwhile, education personnel are parties who dedicate themselves and are appointed with the aim of supporting the implementation of education. While educators are education personnel who have qualified as teachers, lecturers, tutors, instructors, or the like, who participate in organizing education. Quran teachers take part as educators for the non-formal sector who already have qualifications and have participated a lot in organizing education in Indonesia. This study uses a qualitative approach with the method used in this study is the normative research method. The author's analysis uses conceptual analysis. The results of this study The Koran teacher as an educator is to direct students towards maturity with a perfect human personality, and the Koran teacher as a leader is able to control themselves, students and the community related to social problems. Budget allocation from the APBN is something that should be an effort to pay attention, appreciate and improve the welfare of Koran teachers
Peninjauan Kembali dipersimpangan putusan MK No. 34 Tahun 2014 dan SEMA No. 7 Tahun 2014 Mursyidi, Mursyidi
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.v2i1.255

Abstract

This study explores the legal controversy related to the submission of PK in Indonesia with a focus on the Constitutional Court Decision No. 34 of 2014 and SEMA No. 7 of 2014. The 1945 Constitution provides a legal basis that must be obeyed by all people and state organs. The Constitutional Court and the Supreme Court have different but interrelated authorities in maintaining justice and legal certainty. The Constitutional Court Decision contained in No. 34 of 2014 allows PK more than once, contrary to Article 268 of the Criminal Procedure Code which allows PK only once. The Supreme Court responded to the decision by issuing SEMA No. 7 of 2014 which limits PK to only being submitted once, except in special conditions. The method used in this study is normative juridical, with secondary data as the main source. Data analysis was carried out qualitatively with a descriptive and prescriptive approach based on historical and comparative analysis. The results of the study indicate that the Constitutional Court Decision No. 3 of 2013 emphasizes the aspects of justice and human rights, providing the opportunity for multiple PKs with the condition of novum. However, SEMA No. 7 of 2014 was issued to maintain legal certainty by limiting PK to only one time. This study highlights the importance of the balance between justice and legal certainty in the Indonesian justice system
Menikah atau Nanti Dulu? : Dilema Milenial Indonesia Antara Peraturan Pemerintah Nomor 47 Tahun 2004 dengan Mahalnya Resepsi Pernikahan Bukhari, Ach Baidlawi; Rahman, Taufikur
Syura: Journal of Law Vol. 2 No. 2 (2024): 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.v2i2.258

Abstract

Penelitian ini untuk mengetahui dampak yang dialami oleh generasi melinial terhadap biaya perniakahan yang mahal serta faktor yang memengaruhi terhadap mahalnya biaya pernikahan tersebut cara mengatasinya. Penelitian ini merupakan sebuah penelitan lapangan (field research) dengan pendekatan kualitatif deskriptif dengan data ditunjukkan dalam bentuk deskripsi terhadap fakta-fakta yang ditemukan di lapangan melalui proses observasi, wawancara dan dokumtasi terhada beberapa sumber, baik yang jenisnya primer maupun sekunder.Hasilnya dala penelitian ini menyebutkan, bahwa jikaa mengikuti aturan perundang-undangan, biaya akad nikah tersebut gratis dan hanya dikenakan Rp.600.000 apabila dilangsngkan di luar KUA sebagai uang profesi dan transportasi. Namun budaya, gengsi dan mahalnya bahan pokok menjadi faktor terhadap mahalnya prosesi pernikahan saat ini, sehingga keadaan tersebut memunculkan kekhawatiran terhadap generasi melinial untuk segera memutuskan untuk menikah, namun hal tersebut dapat diselesaikan dengan berkomunikasi antar keluarga mempelai, sehingga dapat mengurangi biaya pernikahan.
The Tradition of The Emirate Over The Country: A Comparison Between The Ideas of Imam Al-Mawardi and Law No. 1 Of 2015 on The Election Of Governors, Leaders And Mayors In Indonesia Hamdy, Mohammad Zainal; Hamad, Mohammed Abdul Razaq
Syura: Journal of Law Vol. 2 No. 2 (2024): 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.v2i2.260

Abstract

As the Islamic religion has been perfected by Allah SWT, Islam does not only regulate matters of worship and morals and the afterlife but also regulates worldly affairs including how to live socially and as a state. The Republic of Indonesia adopts a presidential system, namely the President as head of state and also as head of government, contained in the 1945 Constitution article 4 paragraph (1). The purpose of this study is to find out and compare how the leader election system in Indonesia is in accordance with Islam which is represented here by the thoughts of Imam Mawardi. This study uses a qualitative approach with a library method. The results show that the election and appointment of the Head are regulated in laws and regulations, both regarding administrative requirements and technical requirements. In a situation of political dynamics, it affects the substance of every change in laws and regulations that occur, so that the assumption that states that law is a political product is undeniable. This situation occurs in the legislation that regulates the election of Regional Heads which also experiences changes according to the political interests of the ruler. While the election in Islam in al-Mawardi's perception is by two methods, namely, the election of the head of state by the Ahlu al-hal wa al-aqdi institution or the people's representative council. Then the direct appointment of the head of state first. Then the comparison between the system of electing the head of state between the law and the figure of al-Mawardi is if we look at the times of Indonesia during the old order and the new order, there is relevance to al-Mawardi's view, namely the election of the head of state through representatives and direct appointment by the head of state first.
Electronic Contract Controls In Islamic Jurisprudence and Law Alanesi, Abdulsalam Hamood Ghaleb
Syura: Journal of Law Vol. 2 No. 2 (2024): 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.v2i2.262

Abstract

Electronic contracts are one of the most important developments that the world has witnessed in recent decades, due to the information revolution and modern technologies, as these developments have facilitated the process of contracting between people through the Internet and modern means of communication, and due to the novelty of this type of contracts, Islamic jurisprudence has faced some challenges in its application to its principles and provisions so that it is consistent with contracts in Islamic jurisprudence and its considered controls in their forms and effects, so it was necessary to put these contemporary contracts in the balance of Sharia to be set certain controls Protection of rights This research came to shed light on the concept of electronic contracts and their general controls as well as clarify the controls for conducting these contracts and the researcher used the inductive approach as well as the descriptive approach and the researcher reached a set of results where it is necessary to keep pace with the times, especially in electronic contracts if they have become one of the blessings of the affliction and impose on many also must apply the basics of the contract such as traditional contracts in Islamic jurisprudence as well as must protect rights and clarify the mechanism of conflict resolution In such contracts
The Law of Usury from the perspective of Quraish Shihab in the Qur'an Ruslan, Muhammad
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.v2i1.265

Abstract

Historically, the Jews were a people who had tried to legitimize anything that had been forbidden by Allah SWT, one of which was legitimizing usury, so it is well-known that from the past until now, the act of usury is difficult to separate. The Qur'an itself has explained in detail the stages of prohibiting usury explicitly. The Qur'an prohibits usury with the limitation of adh'āfan mudhā'afan. The main research topic of this thesis is (1) How is the prohibition of usury in the Qur'an? (2) How is the analysis of usury according to Quraish Shihab's thoughts in the Tafsir Al-Misbah?, (3) What is the sociological background of the cause of the decline of usury (Asbabul Nuzul ayat riba)? This type of research is a literature review method (library research). The results of this study are, First: The prohibition of usury in the Qur'an, scholars agree that: (a) usury is something that is prohibited because of the verses that explain the prohibition of usury. (b) the prohibition of usury in the Qur'an has relevance to the movement of the real sector in the economy, Second, Usury according to Quraish Shihab, that people who practice usury, their efforts, actions and all their circumstances will experience turmoil, their souls will not be at peace. Third, the sociological background of the reason for the decline of usury begins from the history of usury starting from the settlement of the Tsaqif tribe which is located about 75 miles southeast of Mecca, they are familiar with usury practices
Determining The Fees of The Arbitration Panel Al-Maamari, Abdulwahab Abdullah; Albaraami, Ali Said Ahmed
Syura: Journal of Law Vol. 2 No. 2 (2024): 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.v2i2.292

Abstract

The arbitrators' fees are originally determined according to the agreement that may be concluded by both the arbitrator and the arbitrators, provided that the failure of this agreement for any reason does not prevent the arbitration panel from determining its fees according to certain controls, and through this section we will examine the contractual determination of the arbitration panel's fees. As happens in free arbitration, the agreement of the parties and arbitrators regarding determining the fees that these arbitrators will receive in return for performing the arbitration task that will be assigned to them is absent, either due to their negligence, or because one of the arbitrators has been appointed by the court competent for arbitration matters, which naturally means a failure to agree, and in this research we discuss the legal provisions regulating this in Jordanian law with a comparison with some Arab laws, and the research reached the most important results: that in order to guarantee the integrity and objectivity of the arbitrator's determination of his fees alone, the Jordanian and Emirati arbitration law has subjected the arbitrator's decision regarding determining these fees to appeal, and the decision of the competent court of appeal in this regard is final
Penanganan Kasus Asusila Melalui Hukum Adat Bali Diluar Hukum Pidana KUHP Mursyidi, Mursyidi; Anam, Nurul; Ali, Mufti
Syura: Journal of Law Vol. 2 No. 2 (2024): 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.v2i2.294

Abstract

Indonesia is a nation whose people have diverse tribes, races, religions and customs spread across cities and villages. This diversity is a wealth and potential owned by the Indonesian nation. In community life, law and society are two things that cannot be separated. Ibi ius ibi societas, where there is society, there is law. Therefore, a legal rule is needed to regulate community life in order to achieve public order. These legal rules are written and unwritten. Applicable nationally and regionally, in the field of public law and private law. The purpose of this study is How is the legal process to ensnare perpetrators of immoral cases both under customary law and criminal law based on the Criminal Code in Bali? What is the cause of criminal law based on the Criminal Code not being able to touch immoral cases that occur in Bali. This study uses a qualitative approach with a library method where the data comes from books and articles and related websites. The results show that the legal process for the perpetrators of immoral acts that occurred in Banjar Bia Bali between WL (48 years old) and MJ (60 years old) who came from Sukawati Village was resolved by the village peace judge in Keramas Village because they were legally proven guilty. The reason criminal law cannot touch the Balinese community, especially the wives and husbands of the perpetrators of immoral acts is proven by the absence of complaints or reports to the local police because the Balinese indigenous community believes in the existence of ancestral spirits who are their guides and guides in life.

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