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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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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.
The Personal Status Law (PSL) and Patriarchy in Saudi Arabia: A Critical Examination Mas'odi, Mas'odi; Zer, Anees El
Syura: Journal of Law Vol. 3 No. 2 (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.v3i2.450

Abstract

In 2022, Saudi Arabia introduced the Personal Status Law (PSL) as part of its Vision 2030 reforms, promoting it as a milestone for women’s rights, particularly in marriage, divorce, and custody. However, critical analysis suggests that the PSL maintains deeply entrenched patriarchal norms legitimized through conservative interpretations of Islamic jurisprudence. Despite claims of progress, the law’s ambiguous language and retention of male guardianship structures raise concerns about its substantive impact on gender equality. This study aims to critically examine the PSL not merely as a legal document but as a political and cultural instrument reinforcing hierarchical gender relations. Employing a qualitative approach grounded in feminist legal theory and socio-legal analysis, this research applies documentary analysis to the PSL text, ministerial decrees, human rights reports, and academic literature. Thematic content analysis is used to uncover discursive patterns that normalize gender bias. Findings reveal that the PSL functions as a strategic, symbolic reform rather than a transformative legal change. While it introduces limited rights—such as minimum marriage age and partial custody protections—it perpetuates male authority through legal ambiguity and judicial discretion. This study contributes to scholarly discourse by situating the PSL within broader frameworks of authoritarian governance and cultural patriarchy. It highlights the limits of legal empowerment when reforms are disconnected from societal transformation and grassroots engagement, offering insights into how state-led modernization can simultaneously promote and constrain women’s rights.
The Status of the Noble Prophetic Hadith in Islamic Law Oglah, Kawther Ahmed
Syura: Journal of Law Vol. 3 No. 2 (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.v3i2.471

Abstract

The Noble Prophetic Hadith holds a pivotal role as a primary source in Islamic legal theory, complementing the Qur’an in shaping jurisprudence and ethical frameworks for Muslim societies. Despite its foundational position, contemporary legal discourse faces challenges regarding authenticity, contextual interpretation, and its adaptability to modern legal issues. These concerns necessitate a comprehensive reassessment of the Hadith’s status and application in Islamic law. The primary objective of this study is to analyze the multifaceted functions of Hadith within the Sharia framework, focusing on its role in interpreting the Qur’an, formulating legal maxims, and guiding judicial reasoning across diverse Islamic schools of thought. Employing a qualitative method grounded in library research, the study conducts an analytical review of classical juristic methodologies alongside modern scholarly perspectives. Primary and secondary sources, including Hadith compilations, works of usul al-fiqh, and contemporary legal literature, are critically examined to trace historical developments and current debates. The findings reveal that the Hadith has maintained its dynamic relevance by continuously informing legal reasoning and ethical principles despite modern challenges of contextualization and reinterpretation. While authenticity remains a central concern, evolving methodologies in Hadith criticism and legal theory have strengthened its authority in addressing contemporary issues. This study contributes to the discourse by reaffirming the enduring significance of the Prophetic tradition as an indispensable pillar of Islamic jurisprudence. It underscores the necessity of integrative approaches that harmonize classical principles with present-day realities, ensuring the continued vitality of Hadith in shaping legal and moral norms.
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
The Value of Kiai's Wisdom in Reducing Cases of Violence in Islamic Boarding Schools: Perspective of Article 50 of Law No. 23 of 2002 concerning Child Protection Supriyanti, Iin; Fatmawati, Indah
Syura: Journal of Law Vol. 3 No. 2 (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.v3i2.464

Abstract

aw Number 35 of 2014 concerning Child Protection emphasizes that the state, society, and family share responsibility for ensuring children’s protection, including within Islamic boarding schools (pesantren). However, instances of violence against students—many of whom are still children—highlight the need for approaches grounded in moral and spiritual values. This study aims to explore how kiai wisdom values contribute to reducing violence against children in pesantren, analyzed through the perspective of Law Number 35 of 2014. Employing a qualitative field research method, primary data were collected from kiai at Pondok Pesantren Tahfidzul Qur’an Rodliyatan Mardiyah, Ngoro District, Jombang, while secondary data involved santri, ustadz/ustadzah, murobbi, and walisantri. The data were analyzed deductively using the theory of kiai wisdom values and child protection law. The findings show that moral education based on kiai wisdom—such as prohibiting harsh speech, promoting gentleness, and emphasizing ethical behavior—effectively reduces both verbal and physical violence among students. These practices align with the Child Protection Law, ensuring children’s right to safety within educational environments. The study contributes to understanding how traditional Islamic educational values can synergize with national legal frameworks to foster child protection and character development in pesantren.
Impeachment Mechanisms in Indonesia: Safeguarding Democracy through Presidential and Vice-Presidential Removal Mursyidi, Mursyidi; Zaini, Syafiudin Kholiq
Syura: Journal of Law Vol. 3 No. 2 (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.v3i2.488

Abstract

emocracy represents the embodiment of Indonesia’s state system, which upholds popular sovereignty and guarantees the rights of its citizens, including the freedom of association and assembly. These rights are enshrined in the 1945 Constitution of the Republic of Indonesia (UUD 1945), which serves as the foundation for the protection of human rights. The freedom to associate and assemble also serves as an essential means for citizens to determine the direction of national leadership, including the election of the President of the Republic of Indonesia. Within the constitutional system, the President holds a central role as both head of state and head of government. However, after the amendment of the 1945 Constitution, significant changes occurred in the President’s position and accountability mechanism. The President is no longer responsible to the People’s Consultative Assembly (MPR) and cannot be dismissed merely on political grounds or through a vote of no confidence. This study aims to analyze the shift in the President’s position after the constitutional amendments, particularly regarding the impeachment mechanism as stipulated in Articles 7A and 7B of the 1945 Constitution. The research employs a normative legal method with a statute approach and conceptual analysis of legal documents and scholarly literature. The findings reveal that the impeachment mechanism reflects the principle of checks and balances within a modern presidential system. This study contributes to a deeper understanding of constitutional protection, governmental stability, and the rule of law in Indonesia’s democratic practice.
Public Policy Advocacy Strategies In Eradication Of Illegal Parking Nasrullah, Nasrullah
Syura: Journal of Law Vol. 3 No. 2 (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.v3i2.593

Abstract

his study aims to examine issues such as what factors cause the rampant illegal parking in Pamekasan Regency, what effective policy advocacy strategies are for regulating illegal parking, and who should be involved in this advocacy process. This is based on the increasing number of motorized vehicles in Pamekasan Regency and limited parking facilities, which have given rise to various problems, one of which is the prevalence of illegal parking in several strategic locations in the city. This situation demonstrates the need for more effective parking management and regulation policies, supported by policy advocacy strategies involving various stakeholders. This research used a literature review method. The goal is to build a theoretical foundation, strengthen arguments, and identify gaps in previous research. This method involves systematic reading, recording, and processing of literature to support research findings. Based on the parking policy evaluation, the first problem arises from the prevalence of illegal parking in urban areas, particularly in Pamekasan Regency. This is quite complex and has multidimensional impacts. Second, illegal parking also results in losses to Regional Original Income (PAD). Third, this phenomenon contributes to social conflict within the community. Fourth, the prevalence of illegal parking contributes to the degradation of urban spatial planning. Therefore, the Pamaekasan Regency Government needs to take strategic steps to advocate for policies. Controlling illegal parking requires a comprehensive approach involving various key aspects, including regulation, education, infrastructure, cross-sector coordination, and human resource empowerment. This strategy aims to strengthen the legal framework, raise public awareness, and create orderly and sustainable parking governance. Public policy advocacy strategies can significantly contribute to stronger and more publicly accepted law enforcement. With public support, clear regulations, and increased officer capacity, district governments can crack down on illegal parking more effectively and sustainably.

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