scholarly journals SISTEM PEMERINTAHAN PRESIDENSIAL DI INDONESIA PRESPEKTIF FIQH SIYASAH DUSTURIYAH

2021 ◽  
Vol 2 (2) ◽  
pp. 81
Author(s):  
Astri Wulandari ◽  
Zainuddin Zainuddin
Keyword(s):  
State Government ◽  
Constitutional Law ◽  
Islamic Law ◽  
Islamic State ◽  
Presidential Power ◽  
Library Research ◽  
Head Of State ◽  
Presidential System ◽  
Head Of Government ◽  
State Constitutional Law

This study discusses the review of Islamic Constitutional Law on presidential government systems in Indonesia. This type of research is library research in which materials are collected through books, laws and journals related to research. The method used is a normative legal research method. Theories used are power theory, authority theory, trias politica theory and tanfidziyyah sulthah theory. From the results of the research conducted by the author, it can be concluded that based on the Indonesian constitution namely the 1945 Constitution in Article 4 paragraph (1) the power of the President includes executive, legislative and judicial powers. In a presidential government system the President is not only the head of state but also the head of government. Based on the Sulfah tanfidziyyah review of the power of the head of state in the presidential system in Indonesia, namely the power of the head of state in the presidential government system does not conflict with Islamic governance and Islamic law because in the Fiqh Siyasah Dusturiyah or the Khalifah Islamic State Constitutional Law covers all power, both as head of state, head of state government, legislature, judiciary and head of religion. It's just that presidential power in the Presidential system does not include as head of religion.

scholarly journals KONSEP OTONOMI DAERAH DALAM HUKUM TATA NEGARA ISLAM

2021 ◽  
Vol 2 (2) ◽  
pp. 177
Author(s):  
Weni Gusdi Sari ◽  
Zainuddin Zainuddin
Keyword(s):  
Constitutional Law ◽  
Islamic Law ◽  
Regional Government ◽  
Islamic State ◽  
Regional Autonomy ◽  
Regional Administration ◽  
Library Research ◽  
The People ◽  
Head Of State ◽  
State Constitutional Law

This study examines the concept of regional autonomy in Islamic constitutional law about how is the concept of regional autonomy in Islamic State Constitutional Law and how is the autonomy of regional heads in the perspective of Islamic constitutional law. This research is a qualitative research library (Library Research). The data of this study were obtained through the Islamic law/Fiqh research method with a historical approach. After the data has been collected, it is then processed by studying, researching, studying and understanding the concept of regional autonomy in Islamic Constitutional Law referring to the Al-Quran and Hadith and related articels. This study found the following results: (1) The concept of regional autonomy in Islamic constitutional law is practiced in three types of regional government, namely al-imarah al-khashah, al-imarah al-ammah, al-imarah al-istila. (2) The autonomy of the regional head's power in the perspective of fiqh siyasah dusturiyah or Islamic constitutional law is in accordance with the conditions and authority granted by a Khalifah. The Khalifah as head of state gives authority to al-Amir (Head of Region) in the functions of: collecting taxes in the region, managing regional administration and providing services to the people in the region, maintaining security in the region, attracting kharaj and collecting zakat, upholding and disseminating Islam in the region. area, as well as being a prayer priest.

scholarly journals KEDUDUKAN DAN TANGGUNGJAWAB PRESIDEN DALAM SISTEM PRESIDENSIAL DI INDONESIA

2018 ◽  
Vol 2 (2) ◽  
pp. 173-190
Author(s):  
Moh Hudi
Keyword(s):  
Rule Of Law ◽  
Chief Executive ◽  
The Rule Of Law ◽  
The People ◽  
Head Of State ◽  
Presidential System ◽  
Before And After ◽  
The Government ◽  
Head Of Government

The Government system greatly determines the position and responsibility of the president. Even in the same system of government, the president’s position and responsibility may change, depending  on   The  Rule  of   Law  in a particular country. The position and responsibility of the president in the presidential system in Indonesia has change several times. This can be seen before and after the amandement. President in presidential   System   as  Head  of  Government  and   Head  of   State. So that the president has broad authority. The president is not responsible to the parliament, because institutionally the parliament is not higher than the president as the chief executive, but is responsible to the people as voters.

scholarly journals DEBATE OF ISLAM AND COUNTRIES IN THE CONSTITUANTE BOARD, 1956-1959

2019 ◽  
Vol 2 ◽  
pp. 155-174
Author(s):  
Heri Herdiawanto ◽  
Valina Singka Subekti
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
The State ◽  
Islamic State ◽  
Basic Group ◽  
Constituent Assembly ◽  
Library Research ◽  
The One ◽  
The Relationship

This study examines Hamka's political thinking about Islam and the State in the Basic State debate that took place in the Constituent Assembly 1956-1959. Hamka belongs to the basic group of defenders of the Islamic state with Mohammad Natsir in the Masyumi faction, fighting for Islamic law before other factions namely the Nationalists, Communists, Socialists, Catholics-Protestants and members of the Constituent Assembly who are not fractured. Specifically examines the issue of why Islam is fought for as a state basis by Hamka. and how Hamka thought about the relationship between Islam and the state. The research method used is a type of library research with literature studies or documents consisting of primary and secondary data and reinforced by interviews. The theory used in this study is the theory of religious relations (Islam) and the state. This study found the first, according to Hamka, the Islamic struggle as the basis of the state was as a continuation of the historical ideals of the Indonesian national movement. The second was found that the constituent debate was the repetition of Islamic and nationalist ideological debates in the formulation of the Jakarta Charter. Third, this study also found Hamka's view that the One and Only God Almighty means Tauhid or the concept of the Essence of Allah SWT. The implication of this research theory is to strengthen Islamic thinking legally formally, that is thinking that requires Islam formally plays a major role in state life. The conclusion is that Indonesian society is a heterogeneous society in terms of religion. This means that constitutionally the state recognizes the diversity of religions embraced by the Indonesian people and guarantees the freedom of every individual to embrace religion and realize the teachings he believes in all aspects of life. Hamka in the Constituent Assembly stated that the struggle to establish a state based on Islam rather than a secular state for Islamic groups was a continuation of the ideals of historical will.

scholarly journals The economic-political concept of Hizbut Tahrir Indonesia: reflection on the early Islamic thoughts

2014 ◽  
Vol 4 (1) ◽  
pp. 105
Author(s):  
Nafis Irkhami
Keyword(s):  
Islamic Law ◽  
Main Idea ◽  
Economic Problem ◽  
Economic Thought ◽  
Historical Study ◽  
Islamic State ◽  
Public Finances ◽  
Library Research ◽  
The Government ◽  
The Relationship

Hizbut Tahrir (The Party of Liberation) is an international pan-Islamic politica<br />l organization. Its goal is to unify all Muslim countries as an Islamic state<br />(caliphate) ruled by shariah. They argued that caliphate and Islamic law should<br />not be separated. Without a caliphate, the sharia application will never be<br />totally accomplished. Factually, these grand themes constitute the global discourse<br />applied by Hizbut Tahrir movements around the world. It becomes<br />the main idea that links their global ideological ground and commonality.<br />Hizbut Tahrir (HT) entered into Indonesia in 1982, through M. Mustofa and<br />Abdurrahman al-Baghdadi. As in another countries, HT got repression from<br />the government. Using a momentum of the reformation era, Hizbut Tahrir<br />Indonesia (HTI) begin to socialize its ideas openly. Even in 2000, they have<br />registered its organization at the Ministry of Domestic Affairs.<br />This study aims to scrutinize the ideas of HTI thinking about political economy,<br />which is devoted to the theory about the relationship between religion, state<br />and economy, as well as the construction of public finances. This study is<br />intended as a historical study of Islamic economic thought. The discourse of<br />the study focuses on three questions. First, how does HTI grow in Indonesia,<br />and why does they flourish? Second, what are the relationship between the religion, the state and the economy according to them? Finally, how is the<br />structure of HTI’s public finances?<br />This qualitative study was an exploratory-analysis. It was intended to analyze<br />key concepts in a plantation of thought that has been documented, both<br />from primary and secondary sources. It is a library research. The sources of<br />the research are in the form of HTI’s works which have been well documented<br />in a large numbers, including in the Pdf formats. The study found that HTI<br />tended to see every current economic problem by reflecting it into the cultural<br />heritage of the past. Related to this, the slogan that they have always<br />been shouted was “Sharia is the only solution.” From this philosophy it can<br />be estimated that HTI’s thoughts of Islamic public finance, will face the problem<br />of contextualization.<br />Hizbut Tahrir (Partai Kemerdekaan) adalah sebuah gerakan politik Islam<br />internasional. Tujuannya adalah untuk menjadikan negara-negara Muslim dalam<br />satu kepemimpinan negara Khilafah yang diatur dengan syariah. Mereka<br />berpendapat bahwa kekhalifahan dan hukum Islam tidak dapat dipisahkan.<br />Tanpa Negara khilafah, syariah tidak dapat diterapkan dengan sempurna.<br />Gagasan utama inilah yang diusung oleh Hizbut Tahrir di seluruh dunia. Gagasan<br />pokok itulah yang mempertemukan idiologi dan pergerakan mereka. Hizbut<br />Tahrir masuk ke Indonesia pada tahun 1982 melalui M. Mustofa dan<br />Abdurrahman al-Bagdadi. Sebagaimana di negara-negara lain, HT mendapat<br />tekanan dari pemerintah. Dengan memanfaatkan momentum era reformasi,<br />HTI mulai mensosialisasikan ide-idenya secara terbuka. Bahkan pada tahun<br />2000 mereka telah mendaftarkan dirinya sebagai organisasi resmi di Depdagri<br />Ditjen Kesatuan Bangsa.<br />Studi ini bertujuan untuk mengungkap gagasan pemikiran HTI tentang<br />ekonomi politik, khususnya mengenai teori hubungan antara agama, negara<br />dan perekonomian, serta mengenai konstruksi keuangan publik. Kajian ini<br />dimaksudkan sebagai studi historis tentang pemikiran ekonomi Islam. Pokok<br />masalah dalam penelitian ini adalah: Pertama, bagaimana HTI tumbuh dan<br />berkembang di Indonesia. Kedua, bagaimanakah hubungan antara agama,<br />Negara dan perekonomian menurut mereka. Ketiga, bagaimanakah struktur<br />keuangan public menurut HTI?<br />Kajian kualitatif ini bersifat eksploratif-analisis, yakni dimaksudkan untuk mengurai dan menganalisa secara mendalam mengenai konsep-konsep kunci<br />dalam pemikiran HTI yang telah terdokumentasikan, baik dari sumber primer<br />maupun sekunder. Berdasar sifatnya, penelitian ini termasuk library research, di<br />mana bahan dan sumber data penelitian ini berupa karya-karya dari tokohtokoh<br />HTI yang telah terdokumentasikan dengan baik dalam jumlah besar,<br />termasuk dalam format Pdf. Penelitian ini menemukan bahwa HTI cenderung<br />melihat segala persoalan ekonomi saat ini dengan merefleksikannya pada warisan<br />budaya masa lalu. Terkait dengan hal ini, slogan yang selalu mereka teriakkan<br />adalah “Syariah adalah satu-satunya solusi.” Dari cara berfikir ini dapat diperkirakan<br />bila pemikiran-pemikiran keuangan publik HTI akan menghadapi problem<br />kontektualitas.

scholarly journals SOCIAL PROTEST MOVEMENT ISLAMIC LAW PERSPECTIVE (Critical Study of the Protest Phenomenon in Indonesia)

2021 ◽  
Vol 9 (2) ◽  
pp. 211
Author(s):  
Abdul Harris Abbas ◽  
Hasyim Aidid ◽  
Musafir Pabbabari ◽  
Marilang Marilang
Keyword(s):  
Islamic Law ◽  
Freedom Of Expression ◽  
Social Protest ◽  
Islamic State ◽  
Protest Movement ◽  
Sociological Approach ◽  
The Earth ◽  
Library Research ◽  
The Social ◽  
The Law

This study formulates three problems which include: (1) The principles of the social protest movement from the perspective of Islamic law; (2) Methods and techniques for conducting demonstrations from the perspective of Islamic law; (3) The social impact of demonstrations in Indonesia from the perspective of Islamic law. This study uses a qualitative method (descriptive-analytic). Based on the data source is library research (library research). The approach used is the sociological approach of Islamic law and the siyasah fiqh approach. In the perspective of scientific studies, these two approaches are used to understand the phenomenon of demonstrations in Indonesia based on legal arguments contained in the Qur'an and Hadith, the opinions of fuqaha' and opinions that develop (ijitahad) at a time in life. Muslims. Meanwhile, from a methodological perspective, these two approaches are used to provide an interpretation of the methodology of Islamic law on the concept and practice of demonstrations based on social movement theory and Islamic political theory. The results of this study found that: The principles of the Islamic social protest movement are built on the doctrine of rights and obligations between the people and the rulers in an Islamic state which include: the principle of hisbah; The principle of freedom of expression; The principle of deliberation; and constitutional principles. Based on the method of carrying out the demonstration, there are 2 methods, namely the exclusive method and the inclusive method. Based on the technique of holding demonstrations, there are 3 levels, namely: (1) demonstrations with the ability and strength of the masses; (2) demonstration with verbal ability and strength; (3) protest with the ability of the heart. Through the istislahi approach, that Islamic law strongly condemns all demonstration activities that cause harm to religion, soul, mind, descendants and property. On the other hand, he strongly supports all demonstration activities that uphold the five maintenances (Maqasid al-khamsah). That demonstrations are not at all motivated by passion or personal tendencies, let alone to cause damage to the earth. It is an obligation not just an appeal for those who can afford it. The law is fardu kifayah. Turning away from that obligation is the same as carrying oneself That demonstrations are not at all motivated by passion or personal tendencies, let alone to cause damage to the earth. It is an obligation not just an appeal for those who can afford it. The law is fardu kifayah. Turning away from that obligation is the same as carrying oneself That demonstrations are not at all motivated by passion or personal tendencies, let alone to cause damage to the earth. It is an obligation not just an appeal for those who can afford it. The law is fardu kifayah. Turning away from that obligation is the same as carrying oneself.

scholarly journals Tinjauan Hukum Islam terhadap Relasi Agama dan Negara dalam Perspektif al-Ghazali

2020 ◽  
Vol 3 (2) ◽  
pp. 186-199
Author(s):  
Jamaludin
Keyword(s):  
Islamic Law ◽  
Religious Order ◽  
Moral Politics ◽  
Library Research ◽  
Head Of State ◽  
The World ◽  
Religion And State ◽  
State Relations ◽  
The Guardian ◽  
The Relationship

This research aims to analyze the relationship between religion and country in the perspective of Islamic law. Among the scholars who are referenced in religious and state relations is al-Ghazali. His thoughts on the concept of religion and country are interesting to research. This research uses descriptive-qualitative methods in the form of library research. The results showed that between religion and state has a connection, so al-Ghazali analogizes religion and the king as 'two twins', of which religion is a foundation, while the king is the guardian. Something without a foundation will easily collapse and a foundation without guards will disappear. The existence of the king is a necessity for the order of the world, the order of the world is a necessity for religious order, and religious order is a necessity for the attainment of the welfare of the hereafter. Unequivocally, al-Ghazali said that a country that ignores morals (morals, ethics) will gradually suffer destruction or destruction. To that, al-Ghazali offers five ideal and moral conceptions of the state. The five conceptions are interdependence towards happiness, the fusion of science with religion and morals, moral-politics, the head of state who is sincere, and moral in international relations and deeds.

TINJAUAN TENTANG PERAN DAN FUNGSI LEMBAGA-LEMBAGA NEGARA DI INDONESIA

2020 ◽  
Vol 12 (33) ◽  
Author(s):  
Subhan Sofhian
Keyword(s):  
State Institution ◽  
The State ◽  
State Institutions ◽  
Government Institutions ◽  
Head Of State ◽  
State Apparatus ◽  
Presidential System ◽  
The Republic ◽  
The Government ◽  
Head Of Government

Indonesia is a country that is still developing with principles on the four pillars of nationality, namely Pancasilan, the 1945 Constitution, Bhineka Tungga Ika and the Republic of Indonesia. In executing the government by using a presidential system, the president's duty is not only as head of state, but also as head of government. Also in organizing government institutions the state becomes a barometer in measuring the success of government governance. State apparatus consisting of MPR, DPR, DPD, President, BPK, MA, KY and MK are state institutions whose duties and authorities are regulated in the 1945 Constitution. This article discusses the roles, duties and functions of state institutions, sanctions imposed on deviant state institutions. In this paper deliberately the compilers bring up various supporting theories and examine and discuss the tasks, roles and functions, so that we know that the institutions of this state participate and play a role in advancing the survival of the nation and state.Keywords: Function, State Institution, Role, Presidential.

scholarly journals Pemberian Grasi dan Maaf dalam Bingkai Kajian Teoritik Tindak Pidana Pembunuhan (Studi Komparatif Hukum Positif dan Hukum Islam)

2020 ◽  
Vol 5 (1) ◽  
pp. 73-90
Author(s):  
Asih Puspo Sari
Keyword(s):  
Qualitative Research ◽  
Supreme Court ◽  
Criminal Law ◽  
Islamic Law ◽  
Criminal Code ◽  
Library Research ◽  
Head Of State ◽  
The Supreme Court ◽  
The Right

Abstract In the Criminal Code there are several differences that are the reasons for the review of theories and the application of reasons for clemency or forgiveness. The theories that form the basis of forgiveness will lead to different views. In connection with sources of clemency (Positive Criminal Law) and forgiveness (Islamic Criminal Law) have differences. Where clemency is the prerogative of the president as the temporary head of state, forgiveness can only be given by the heirs of the victim as the party who lost the victim. This study aims to find out where the justice is if the granting of pardon/ apology is given by the president with only consideration from the Supreme Court. Meanwhile, in Islamic Law also regulates the apology for the perpetrators of the crime of murder which is the right of the heirs of the victim. This research is a qualitative research with the type of research used is library research. It is said as library research or document study because this research is mostly conducted on written regulations or other legal materials which are secondary in the library. Keyword: Pardon, Forgiveness, and Crime of Murder

Part 3 Institutional Control of Constitutionalism, 3.4 A Different Approach to the Control of Constitutionalism: Iran’s Guardian Council

2012 ◽  
Author(s):  
Shirvani Foroud
Keyword(s):  
Legal System ◽  
Constitutional Law ◽  
Islamic Law ◽  
General Rule ◽  
Status Quo ◽  
Islamic State ◽  
Institutional Control ◽  
The Status ◽  
The Guardian

This chapter focuses on the role of the Guardian Council, an institution recognized as one of the main pillars of the Islamic government in Iran. Its religious-theoretical fundaments can be found in the doctrine of the Islamic state, the enforcement of the Islamic law, and the supervisory function of the clerical jurists. Under constitutional law, the task of the Guardian Council follows from the general rule in Art. 4 of the Iranian Constitution, which defines the Islamization of the legal system as a leading principle. In practice, the Council has often acted as an instance defending the status quo and has blocked the initiatives of a reform-minded parliament.

scholarly journals PEMAKZULAN KEPALA NEGARA

2017 ◽  
Vol 15 (2) ◽  
pp. 127-150
Author(s):  
Abdul Rahman
Keyword(s):  
State Government ◽  
Political Stability ◽  
The State ◽  
Islamic State ◽  
Head Of State ◽  
State Administration ◽  
The Law ◽  
Heads Of State ◽  
Parliamentary Oversight

Abstract: Impeachment is often interpreted as impeachment, whereas both are academically different. Impeachment is to demand the accountability of the president/ head of state in the context of parliamentary oversight to the president, if the president violates the law. While impeachment means to be relegated or substituted to the state/ government from his post after going through the impeachment process. There are differences and similarities between impeachment concepts in the Indonesian constitution with the concept of Islamic state administration, only the concept offered by Islamic constitution is more universal. Al-Mawardi's thoughts can be used as a new offer to improve the impeachment concept in Indonesia's constitution, namely: (1) the reasons for the dismissal of the president when the president is made political puppet by his family or nearest people; and (2) the implementation or effectiveness of the law when it occurs the dismissal of heads of state from these two concepts provides different political stability. Of the two concepts of the Indonesian constitution provides good political stability with the tempo in the process of trial.

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