scholarly journals Al-Ȃtsȃr al-Mutarattibah ‘Ȃla PERPPU (Lawȃih al-Hukûmiyyah al-Badaliyyah) min al-Munazhzhamȃt al-Mujtama’iyyah raqm 2 li ‘ȃm 2017 dlidda wujûd hizb al-Tahrîr Indûnîsiyȃ min Manzhûr saddi al-dzarî’ah

2019 ◽  
Vol 14 (1) ◽  
pp. 146-177
Author(s):  
Abdul Jalil ◽  
Muhammad Taufiq
Keyword(s):  
Constitutional Law ◽  
Community Organizations ◽  
The State ◽  
Islamic State ◽  
Religious Tolerance ◽  
Unitary State ◽  
State Administration ◽  
The Republic ◽  
The Right

تتوافق منظور القانون الدستوري الإسلامي للّدولة الموحّدة بجمهورية إندونيسيا مع مبادئ الدستور الإسلامي، لأن نظام الحكم الذي يتم إدارته قد تضمن مبادئ الدستور الإسلامي مثل المساواة والعدالة والمشاورة والحرية. ويرد المبدأ في المبادئ الخمسة ل لبنجاسيلا (Pancasila). يمكن جهود حزب التحرير اندونيسيا لتشكيل حكومة الخلافة وفقًا لنسختها في الدولة الموحدة لجمهورية إندونيسيا أن تعطل نظام الدولة وأساسها وفلسفتها، ويمكن أن تؤدي إلى تفكك الوطني، ويمكن أن تقضي على التسامح الديني الذي يعد أساسًا في إدارة الدولة الإسلامية. إن ولادة بيربو رقم 2 لعام 2017 لها آثار على إغلاق الفرص (سدّ الذريعة) لمنظمات المجتمعية التي لها تعاليم أو تفاهمات تتعارض مع بنجاسيلا تنمو في الدولة الموحّدة لجمهورية إندونيسيا، و حزب التحرير اندونيسيا هي منظمة محظورة في إندونيسيا. وفقًا للنهج اللاحق، فإن وجود حزب التحرير اندونيسيا يهدد سيادة الدولة، بحيث يقع في فئة مستوى سد الذريعة الذي ينتج عنه بعض التهديدات والمخاطر. لذلك، لتجنب الضرر، فإن البديل عن حل حزب التحرير إندونيسيا هو الخيار الصحيح الذي يجب طرحه.The perspective of Islamic constitutional law, The Unitary State of the Republic of Indonesia is in harmony with the principles of Islamic state administration, because the system of government implemented has embraced the principles of Islamic constitution such as; al-Musâwah (equality), al-‘Adâlah (justice), al-Syûrâ (democration), al-Hurriyyah (freedom). The principle is contained in the five precepts of the Panacaila. HTI's efforts to establish a khilafah government according to its version in the Unitary Republic of Indonesia can disrupt the system, basis and philosophy of the State, can result in national disintegration, can eliminate religious tolerance which is substantially the principle in Islamic state administration. The birth of Perppu Number 2 of 2107 has implications for the closure of opportunities (Sadd al-Dzarîah) Community Organizations that have teachings or understandings contrary to Pancasila grow within the Unitary State of the Republic of Indonesia and HTI becomes a prohibited organization living in Indonesia. According to the consequentialist approach, the existence of HTI threatens the sovereignty of the State, so that being included in the category of levels of sadd al-dzarîah which has the effect of causing harm and danger therefore, to avoid alternative declarations dissolving HTI is the right choice that must be put forward.

scholarly journals Right to Own Land by the State in the Frame of Constitutional Law

2021 ◽  
Vol 2 (2) ◽  
pp. 46-57
Author(s):  
Zainuddin Zainuddin
Keyword(s):  
Constitutional Law ◽  
Research Method ◽  
The State ◽  
Legal Research ◽  
Proper Management ◽  
Unitary State ◽  
The People ◽  
Agrarian Law ◽  
The Republic ◽  
The Right

The right to control the state over land should be able to achieve the greatest prosperity of the people as mandated by Article 33 paragraph (3) of the 1945 Constitution of the Unitary State of the Republic of Indonesia. It is important to discuss the problem of the meaning of the substance of the right to control land by the State based on the 1945 Constitution. and what is the right to control land by the state based on regulations in the framework of constitutional law so that land for the greatest prosperity of the people can be achieved. The research method used is the normative juridical legal research method. The results show that the right to control land by the state within the framework of constitutional law is still very far from being burned, so that the prosperity of the people, one of which can be achieved through proper management of land controlled by the state, has not been able to achieve people's happiness as adhered to by the theory of utilitarianism law and more. continued as stated in the 1945 Constitution and the Basic Agrarian Law applicable in Indonesia.

scholarly journals Implementation Place of ‘Uqubat Canings in Fiqh Perspective (Analysis of Aceh Governor Regulation Number 5 of 2018)

2019 ◽  
Vol 2 (4) ◽  
pp. 65-73
Author(s):  
Helmi Helmi ◽  
Saiful Bahri ◽  
Riyandi Riyandi ◽  
Nurazizah Nurazizah ◽  
Nurmasyitah Nurmasyitah
Keyword(s):  
The State ◽  
Unitary State ◽  
Sharia Law ◽  
The Republic ◽  
The Right ◽  
Sharp Criticism ◽  
Perspective Analysis

One form of the development of fiqh is to make the charge of fiqh in the form of theoretical laws into practical laws by putting them in the legislation of a certain State or territory in the State. After being granted the right to implement Islamic sharia by the State, Aceh as a provincial territory within the Unitary State of the Republic of Indonesia had the opportunity to realize fiqh laws into legislation termed Qanun, in order to regulate the behavior of its people to be under the auspices of sharia law. Throughout the course of the application of Islamic sharia based on various Qanun that was built, its implementation has never been separated from various problems and criticisms, both from the internal elements of Aceh, National and International. Among the cases that finally led to the problem was the birth of the Aceh PERGUB Number 5 of 2018. The problem that arose was a sharp criticism contents of some of the PERGUB contents which was deemed to deviate from the previous Qanun and deviated from the provisions of fiqh, even further claimed as an effort to dwarf the Islamic sharia. However, if examined objectively, it is not certain that the regulation will deviate from the existing Qanun and fiqh. But like a hot ball that is rolling, the debate that occurs in response to the PERGUB is sometimes no longer at the level of finding a solution, but it has led to things that are political.

scholarly journals Kontekstualisasi Wawasan Islam Kebangsaan Kiai Abdul Muchith Muzadi

2016 ◽  
Vol 6 (2) ◽  
pp. 383-403
Author(s):  
Ahidul Asror
Keyword(s):  
The State ◽  
Nation State ◽  
Islamic State ◽  
Ultimate State ◽  
National Integration ◽  
Public Discussion ◽  
Unitary State ◽  
The Republic ◽  
State Form ◽  
Contemporary Islam

This article seeks to reveal Kiai Muchith Muzadi’s thought on the Islamic nationalism in Indonesia. It deals with a number of issues such as state form, the meaning of politics within nation-state life, and the relation of Islam and Pancasila. The article also attempts to answer problematic discourse on contemporary Islam which, within recent decades, (re)rises the principles of nationalism into public discussion. Muchith argues that Negara Kesatuan Republik Indonesia (NKRI/The Unitary State of the Republic of Indonesia) has been an ultimate state form for the Indonesian people. Therefore, this is a duty for the Indonesian Muslims, as Indonesia’s majority inhabitant, to actively take a role and involve themselves in guarding Indonesia and its unity. Muchith also sees no relevant necessary to replace the state form with other systems such as khilāfah and Islamic state. To him, politics is a mere means to fight for interests carried out with Islamic principles coupled with nationalism values in order to establish national integration and achieve the shared ideals. Muchith maintains that Pancasila along with its values is compatible with Islam and this is why the Indonesian Muslims should accept it as the state ideology.

scholarly journals Legal Arrangements of Law Enforcement in the Defense of the State to Strengthen the Defense of the Unitary Republic of Indonesia

2020 ◽  
Vol 7 (9) ◽  
pp. 201
Author(s):  
Yuliana Yuli Wahyuningsih ◽  
Satino Satino ◽  
Sulastri Sulastri
Keyword(s):  
Law Enforcement ◽  
Military Training ◽  
The State ◽  
Unitary State ◽  
The Republic ◽  
The Right ◽  
And Behavior ◽  
State Defense ◽  
Attitudes And Behavior ◽  
Important State

One of the functions of the state of being very important state on guarantees is a function the defense of the country. Function the defense of the country intended especially for preserves and maintain the country of the list of possibilities under attack by one of the outside and from within. Research methods that were used with the approach is normative juridical approach for legislation statue approach) based on the data found so some conclusion can be drawn as follows: 1.strategy state-defense to strengthen the system which can ensure the defense of the country it has stood the unitary state of the republic of Indonesia (NKRI): a. manifesting the form of the implementation of education state-defense through the activities of education education of citizenship , basic military training , devotion as a soldier tni and devotion befitting a profession . b. realize the implementation of the system of the sense of state-defense through the socialization of the program state-defense to all levels of society. c. create software containing legislation to support the implementation of the program state-defense. Software used as a reference a legal right in carried out a state-defense. d. create the necessary to support the program state-defense, especially to give the consequences to the left temporarily work. The defense of the country strategy which can ensure it has stood the unitary state of the republic of Indonesia (NKRI) , at the same time to respond to the challenges the defense of the country in the future , is the application of the system of the defense a strategy of defense in a padded menyinergiskan lapis military defense with layers non-military defense . 2 .The implementation of the policy to strengthen the defense system the unitary state of the republic of Indonesia (NKRI), regulated in the law of no. 13 years 2002 on the defense of the country .Where explained above that bela of the country is the attitudes and behavior a citizen who imbued by take one to the unitary state of the republic of Indonesia that based upon Pancasila and the constitution of 1945 at sustained concern only the survival of the entire nation and the country .The state should know is the right and responsibilities of citizens.

scholarly journals IJTIHAD POLITIK NU: NEGARA PANCASILA ADALAH NEGARA ISLAM

2019 ◽  
Vol 3 (2) ◽  
pp. 56
Author(s):  
Fajar Syarif
Keyword(s):  
The State ◽  
The Political ◽  
New Order ◽  
Islamic State ◽  
Political Will ◽  
Social Organizations ◽  
Unitary State ◽  
Or Groups ◽  
The Republic ◽  
The Relationship

The debate over the relationship between religion and the state reappeared when the New Order regime was at its peak of power, the 1980s. This has a fundamental need to strengthen the Unitary State of the Republic of Indonesia (NKRI) and establish Pancasila as the only state ideology and the only principle for religious and social organizations. This need certainly created an extraordinary paradigmatic controversy among all components of the nation, especially Muslims: between following the political will of the New Order or remaining a supporter of the establishment of an "Islamic state", not a Pancasila state. This is a big dilemma for the Indonesian people which in reality consists of thousands of islands, hundreds of ethnicities and languages, and dozens of religions, while the majority of the population is Muslim where the idea of establishing an 'Islamic state' has not vanished from the ideals of a number of Islamic organizations or groups.

O potrzebie wprowadzenia ustawy referendalnej do systemu prawnego w Polsce

2021 ◽  
Vol 1(162) ◽  
pp. 127-145
Author(s):  
Piotr Uziębło
Keyword(s):  
Constitutional Law ◽  
The State ◽  
Popular Vote ◽  
Advantages And Disadvantages ◽  
The Future ◽  
The Will ◽  
The Republic ◽  
Constitutional System

The problems raised in the doctrine of constitutional law related to the implementation of a decision taken in a referendum in matters of particular importance to the state, as well as the generally marginal use of the institution of popular vote in the constitutional prac-tice, give rise to reflection on the introduction of the institution of a referendum law into the Polish constitutional system. In this article the author considers the advantages and disadvantages of such a solution, analyzing at the same time contemporary normative regulations concerning such acts in other countries. The research leads to the conclusion that despite the risks involved, the refer-endum law should appear in the Polish constitutional system in the future, as it would not only give a chance for a more complete reflection of the will of the collective subject of sovereignty without the necessity of its decoding by the parliament, but it could also be an impulse for the development of the referendum practice in the Republic of Poland. However, it is important to introduce proce-dural barriers that will prevent depreciation of this institution.

Amendment of the Contravention Code or Defiance of the Constitution by the Exceptional Situations Commission?

2021 ◽  
pp. 56-65
Author(s):  
Iulian Rusanovschi ◽  
Keyword(s):  
Public Health ◽  
The State ◽  
Constitutional Court ◽  
State Of Emergency ◽  
Constitutional Review ◽  
Republic Of Moldova ◽  
The Republic ◽  
The Right ◽  
Epidemiological Situation

On 17.03.2020, the Parliament declared a state of emergency on the entire territory of the Republic of Moldova for the period March 17 - May 15, 2020. By the same Decision, the Parliament delegated the Commission for Exceptional Situations with the right to implement a series of measures to overcome the epidemiological situation in the country. However, in the conditions of a functioning Parliament and despite the clear and exhaustive texts of the Constitution, the Commission for Exceptional Situations amended during the state of emergency the Contravention Code, which is an organic law. The amendments specifically concerned the procedure and terms for examining infringement cases brought in connection with non-compliance with the measures adopted by the Commission for Exceptional Situations and the Extraordinary Commission for Public Health. In the conditions in which an organic law can be modified only by the Parliament, it is obvious the unconstitutionality, at least partial, of the Disposition no. 4 of 24.03.2020 of the Commission for Exceptional Situations, but unfortunately, the Constitutional Court is not mandated with the right to submit to constitutional review the normative acts adopted by the Commission for Exceptional Situations. Under these conditions, the state is obliged to identify solutions in order not to allow an authority to adopt unconstitutional normative acts that cannot be subject to constitutional review.

scholarly journals Jurisdiction of state administration in the procedure of issuing travel documents

2011 ◽  
pp. 241-258
Author(s):  
Zoran Loncar
Keyword(s):  
The State ◽  
Foreign Affairs ◽  
Freedom Of Movement ◽  
Exclusive Jurisdiction ◽  
State Administration ◽  
Administrative Procedures ◽  
Internal Affairs ◽  
The Republic ◽  
The Government

Under the new law on travel documents, in addition to authority that has the Government of Serbia, in terms of issuing travel documents and a shared competence between the Ministry of Internal Affairs and the Ministry of Foreign Affairs depending on the type of travel document in question. Ministry of Foreign Affairs is authorized to issue a diplomatic passport, official passport and travel document, while all other travel documents are issued by the Ministry of Internal Affairs. When it comes to the passport as the most important travel document the jurisdiction of the Ministry of Internal Affairs is fully established. Diplomatic and Consular Missions of the Republic of Serbia abroad can now only receive requests for passport, but the issuance of travel documents of this type is exclusive jurisdiction of the Ministry of Internal Affairs. Such jurisdiction of the state administration in the process of issuing travel documents, along with other novelties which significantly modernize this kind of special administrative procedures should in practice very quickly enable the efficient issuance of travel documents, thus achieving the complete freedom of movement as one of the rights guaranteed by the Constitution to the citizens of the Republic of Serbia.

scholarly journals Makna Penting Demokrasi dan Musyawarah Bagi Keutuhan Bangsa Indonesia

2021 ◽  
Author(s):  
NAVI GITA MAULIDA
Keyword(s):  
The State ◽  
National State ◽  
Unitary State ◽  
Democratic State ◽  
The World ◽  
State Construction ◽  
The Will ◽  
The Republic ◽  
Historical Trajectory ◽  
As If

The Unitary State of the Republic of Indonesia (NKRI) based on the historical trajectory of the struggle, has the only state construction in the world where the nation is born first, then forms the state. The first President of the Republic of Indonesia Ir. Soekarno emphasized that the Unitary State is a National State. The purpose of the Indonesian nation to be born, independent, and to form a state has one goal, the will to elevate the dignity and life of the Indonesian people (Indonesian People's Sovereignty). Through an analysis of the reality of today's life, the Indonesian nation has lived in a condition of life order as if it were the same as a democratic state, namely that the first state was formed and the nation was born later. So that the sovereignty of the Indonesian people based on the principles of deliberation and representation has not been able to be realized.

scholarly journals Potik Hukum Pemerintahan Desa

2019 ◽  
Vol 1 (2) ◽  
pp. 208
Author(s):  
Dodi Jaya Wardana
Keyword(s):  
The State ◽  
Regional Government ◽  
Unitary State ◽  
Regulatory Law ◽  
The Republic ◽  
Village Government

The State recognizes and respects regional government units that are special or special in nature which are regulated by law. Second, the State recognizes indigenous and tribal peoples' units along with their traditional rights insofar as they are alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia, which are regulated in law. Politics of village government law, it cannot be separated from 3 (three) main bases, namely philosophical, sociological and juridical basis. The politics of regulatory law above are the basis for legal politics for regulations that are below, so that there should not be any universal inconsistencies. In addition, horizontally the legal politics of legislation must also be consistent

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