scholarly journals KONSEPSI NEGARA DALAM ISLAM (SEBUAH DISKURSUS POLITIK HUKUM ISLAM)

2017 ◽  
Vol 2 (1) ◽  
pp. 1-26
Author(s):  
Iskandar Iskandar
Keyword(s):  
Human Rights ◽  
Human Life ◽  
The State ◽  
Narrow Sense ◽  
Islamic Perspective ◽  
The People ◽  
The Government

The Qur'an introduces Islam as ad din, therefore, Islam is not just a "religion" in the narrow sense, but covers all aspects of human life. in ad-din al Islam, humans are required to menggayutkan all its activities, either born or spiritual to the supreme absolute reality, that is God Almighty. Being a Muslim, meaning, expression forever subservient and obedient to Allh SWT, devote yourself to Him.The teachings of Islam, he said, ordered to consider the interests of minorities, recognize their rights, especially all the rights included in the circle of human rights. in the concept of this country as the reference is the Qur'an and Sunnah. Thus requiring an ijtihad to review it.Countries in the Islamic perspective, if explored further in fact no concept of the state in the Qur'an Q.S. Ali Imran (3): 140, Q.S. Al-Hashr (59): 7, Q.S. Al Bagarah (2): 213, Q.S. Shura (42): 38, Q.S. An Nisa (4), while the Government of the Prophet with a combination of the people of the Ansar and muhajrin an early milestone of unity and brotherhood, as well as other people are tribes that are in the Medina area in conducting their activities as social beings with their charter Medina. This union covers all aspects of life.

People’s Movement in Odisha: An Assessment

2017 ◽  
Vol 63 (2) ◽  
pp. 265-283
Author(s):  
Subhendu Ranjan Raj
Keyword(s):  
Human Rights ◽  
Large Scale ◽  
Civil Disobedience ◽  
The State ◽  
State Governments ◽  
Growth Strategies ◽  
Protest Movements ◽  
The People ◽  
The Government ◽  
Set Up

Development process in Odisha (before 2011 Orissa) may have led to progress but has also resulted in large-scale dispossession of land, homesteads, forests and also denial of livelihood and human rights. In Odisha as the requirements of development increase, the arena of contestation between the state/corporate entities and the people has correspondingly multiplied because the paradigm of contemporary model of growth is not sustainable and leads to irreparable ecological/environmental costs. It has engendered many people’s movements. Struggles in rural Odisha have increasingly focused on proactively stopping of projects, mining, forcible land, forest and water acquisition fallouts from government/corporate sector. Contemporaneously, such people’s movements are happening in Kashipur, Kalinga Nagar, Jagatsinghpur, Lanjigarh, etc. They have not gained much success in achieving their objectives. However, the people’s movement of Baliapal in Odisha is acknowledged as a success. It stopped the central and state governments from bulldozing resistance to set up a National Missile Testing Range in an agriculturally rich area in the mid-1980s by displacing some lakhs of people of their land, homesteads, agricultural production, forests and entitlements. A sustained struggle for 12 years against the state by using Gandhian methods of peaceful civil disobedience movement ultimately won and the government was forced to abandon its project. As uneven growth strategies sharpen, the threats to people’s human rights, natural resources, ecology and subsistence are deepening. Peaceful and non-violent protest movements like Baliapal may be emulated in the years ahead.

scholarly journals ARBITRASE ISLAM DALAM PERSPEKTIF ISLAM DAN HUKUM POSITIF

FIAT JUSTISIA ◽  
2016 ◽  
Vol 9 (3) ◽  
Author(s):  
Tri Setiady
Keyword(s):  
Financial Institution ◽  
Human Life ◽  
Business Development ◽  
Business World ◽  
Islamic Perspective ◽  
Banking Deregulation ◽  
Positive Law ◽  
The People ◽  
The Government ◽  
And Behavior

The business world today has grown indefinitely so as to break through the dimensions of human life and behavior of the economy into banking minded and change the values and aspects of the business itself, either legally or sociologically. Business development with the pattern and any system can not be separated from the financial institution whose name the bank. Banking deregulation undertaken by the government has been precise to support the economy in order to develop better. With the enactment of Law Number 10 of 1998 concerning amendments to the Law Number 7 of 1992 on Banking, is an opportunity and provide an opportunity for Muslims to establish a bank based on Islamic Shari'a, as support to the business world and the economy of the people. With the presence of banks based on Islamic Shari'a is expected to accelerate the economic revival in the race entering the era of globalization.Keywords: Arbitration Islam, the Islamic Perspective, Positive Law 

scholarly journals PERAN PEMERINTAH DALAM PEREKONOMIAN DALAM PERSPEKTIF ISLAM

IQTISHODUNA ◽  
2011 ◽  
Vol 1 (3) ◽  
Author(s):  
Misbahul Munir, Lc., M.EI,
Keyword(s):  
Economic System ◽  
Human Life ◽  
The State ◽  
Socialist System ◽  
The People ◽  
Strategic Role ◽  
The Government ◽  
The Right

As universal religion, Islam do not only arranging human life individually. But further than these phenomena, Islam becomes as “rahmatan lil ‘alamin”, Islam arranges how to systemically the life, than the life can walk consecutively, prosperous and fair. In this case, the government, as the institution, who has getting mandate of Allah of swt, and the people at the same time have the strategic role and the responsibilities to realize the universal values.From this discussions, can be known that the governmental intervention’s applied for guarantee economics system, than this economics system can be walking on the Moslem’s law, and on the code and also on the plan of development of state. The Government in Islam has the right to intervencing the economics of the state, in order to executing him responsibilities to upholding the justice of economics and prosperity of the people.The Governmental intervention’s in Islam at the same time’s can be link the economic system of capitalist which tend to infinite free and the socialist system which tend to hijack the freedom of individual economics. As the concrete step/action, the government agreed to hold the conduct resource to cover the common’s interest, to managing and distributing it fairly, the intervence takes care of market’s stability and also to control and to observe the matching system with the justice principles and the prosperity of the society.

scholarly journals E-INTEGRATIVE CONTROL SYSTEM AS A COMMUNITY ORGANIZATION SUPERVISION DESIGN TO REALIZE THE CONCEPT OF STATE

Jurnal Hukum ◽  
2020 ◽  
Vol 36 (2) ◽  
pp. 117
Author(s):  
Wahyu Beny Mukti Setyawan ◽  
Fery Dona
Keyword(s):  
Human Rights ◽  
Control System ◽  
Community Organization ◽  
The State ◽  
State Sovereignty ◽  
Effective Solution ◽  
Social Organizations ◽  
The People ◽  
The Republic ◽  
The Government

The government, as the party that has the mandate from the people tosa feguar ditsso vereignty, has revoked permits for the establish men to social organizations which are deemed contrary to the ideology of the State. The Ministryof Law and Human Rights as the party that grants the permit can immediately revokethelicense on the basis of the contractus actus principle  contained in the Perppu No. 2 of 2017 concerning Amendmentsto Law No. 17 of 2013 concerning Community Organization. Even though they have taken repressive steps, the Ministry of Law and Human Rights has not taken any preventiveaction in obstructing and preventing theemergence of social organizations that are contrary to the ideology of the State. There fore the authors providean effective solution in theformofan E-Integrative Control System as a Social Organization Supervision Design to Realize the Concept of State Sovereignty so that the Government as the party responsible for granting perm its for the establish men to social organizations and contradicting stateideology. Which could threaten theso vereigntyandintegrity of the Unitary State of the Republic of Indonesia.

scholarly journals Islam dan Ideologi dalam Pembangunan di Indonesia: Studi Terhadap Program Nawacita

2019 ◽  
Vol 18 (2) ◽  
pp. 171-188
Author(s):  
Abd. Rahman Bin Mawazi ◽  
Rizki Pradana Hidayatulah
Keyword(s):  
Development Program ◽  
The State ◽  
Infrastructure Development ◽  
Political Movement ◽  
Government Programs ◽  
Islamic Perspective ◽  
Current State ◽  
The People ◽  
National Economic ◽  
The Government

The Islamic political movement in Indonesia still leaves the battle of discourse regarding the formalization of Islamic Shari'a as an ideology and Pancasila as the ideology adopted by the current state. This discourse battle is also often a stumbling block of government programs because the modernization carried out by the government often clashes with the values set by the community. This paper would like to see the correlation between Islam as an ideology and the development program in the cabinet of Joko Widodo and Jusuf Kalla. In its program, infrastructure development is so dominant in the hope of being able to support the national economic movement. In an Islamic perspective, the concept of modernization chosen by the government is part of the program of maslahat al-ummah or the interests of the people and is already a government obligation to fulfill. However, the practice that occurs in Indonesia is as it is known in the deconfentialization theory, that is, the general values of religious teachings are the main values in the state but the state is not based on religion. In this case, the modernization practices applied by the cabinet of Joko Widodo and Jusuf Kalla were more likely to be secularized. This pattern is still similar to that applied by the previous government. In an effort to accommodate the ideological interests of Islamic groups, the Jokowi-JK government still cannot make an appropriate compromise. The efforts made by the government are merely proposing jargon, namely the Mental Revolution.

scholarly journals City-State (Medina) and Its Implementation in the Republic of Indonesia

2016 ◽  
Vol 4 (2) ◽  
pp. 37-48
Author(s):  
Agus Nurhakim
Keyword(s):  
The State ◽  
Nation State ◽  
Islamic State ◽  
Literature Study ◽  
Islamic Perspective ◽  
The People ◽  
The Republic ◽  
The Government ◽  
City State

This article describes on how the principle of the Islamic State concerned with Indonesia as a nation state. State elements theory explains that the country is composed of three elements such as the region, the people, and the government as well as the sovereignity. By using the literature study, this article found that the Prophet Muhammad is a leader who always carries his reign by implementing the principles of Islam as well. Among the principles of the state in Islamic perspective consists of the trust, consultation, fairness, freedom, and equality. Relating to this reason, the Indonesian state is seen as the state of law because it refers to the 1945 Indonesia Constitution (UUD 1945) and Pancasila. Shortly, Indonesia is in need of having the people who has the responsibility and trusted in maintaining this country.

Hukum Denda dalam Keuangan Publik Islam di Indonesia

2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz
Keyword(s):  
Islamic Law ◽  
The State ◽  
Mutual Benefit ◽  
State Budget ◽  
The People ◽  
The Status ◽  
The Government

Fines are sanctions or punishments that are applied in the form of the obligation to pay a sum of money imposed on the denial of a number of agreements previously agreed upon. There is debate over the status of fines in Islamic law. Some argue that fines may not be used, and some argue that they may be used. In the context of fines for delays in payment of taxes, in fiqh law it can be analogous to ta'zir bi al-tamlīk (punishment for ownership). This can be justified if the tax obligations have met the requirements. Whereas according to Islamic teachings, fines can be categorized as acts in order to obey government orders as taught in the hadith, and in order to contribute to the realization of mutual benefit in the life of the state. As for the amount of the fine, the government cannot arbitrarily determine fines that are too large to burden the people. Penalties are applied as a message of reprimand and as a means to cover the lack of the state budget.

GOVERNMENT RESPONSIBILITY TO PROTECT PEOPLE’S RIGHTS OVER THE CLEAN WATER

2017 ◽  
Vol 1 (1) ◽  
pp. 38
Author(s):  
Muhammad Nadzir
Keyword(s):  
Water Management ◽  
Human Life ◽  
The State ◽  
Responsibility To Protect ◽  
Clean Water ◽  
State Control ◽  
Government Responsibility ◽  
The Republic ◽  
The Government

Water plays a very important role in supporting human life and other living beings as goods that meet public needs. Water is one of the declared goods controlled by the state as mentioned in the constitution of the republic of Indonesia. The state control over water indicated that water management can bring justice and prosperity for all Indonesian people. However, in fact, water currently becomes a product commercialized by individuals and corporations. It raised a question on how the government responsibility to protect the people's right to clean water. This study found that in normative context, the government had been responsible in protecting the people’s right over the clean water. However, in practical context, it found that the government had not fully protected people's right over clean water. The government still interpreted the state control over water in the form of creating policies, establishing a set of regulations, conducting management, and also supervision.

KEY ASPECTS OF TRANSFORMATION OF THE STATE AUTHORITIES IN THE WORLD AND TO THE MODERN SOVERUM UKRAINE: A JOINT AND PERSONALITY

2018 ◽  
Vol 1 (11) ◽  
pp. 164-174
Author(s):  
Оlena Fedorіvna Caracasidi
Keyword(s):  
Separation Of Powers ◽  
Human Life ◽  
State Power ◽  
The State ◽  
Public Power ◽  
The People ◽  
Large Numbers ◽  
The World ◽  
Distribution Of Power ◽  
Key Aspects

The article deals with the fundamental, inherent in most of the countries of the world transformation of state power, its formation, functioning and division between the main branches as a result of the decentralization of such power, its subsidiarity. Attention is drawn to the specifics of state power, its func- tional features in the conditions of sovereignty of the states, their interconnec- tion. It is emphasized that the nature of the state power is connected with the nature of the political system of the state, with the form of government and many other aspects of a fundamental nature.It is analyzed that in the middle of national states the questions of legitima- cy, sovereignty of transparency of state power, its formation are acutely raised. Concerning the practical functioning of state power, a deeper study now needs a problem of separation of powers and the distribution of power. The use of this principle, which ensures the real subsidiarity of the authorities, the formation of more effective, responsible democratic relations between state power and civil society, is the first priority of the transformation of state power in the conditions of modern transformations of countries and societies. It is substantiated that the research of these problems will open up much wider opportunities for the provi- sion of state power not as a center authority, but also as a leading political structure but as a power of the people and the community. In the context of global democratization processes, such processes are crucial for a more humanistic and civilized arrangement of human life. It is noted that local self-government, as a specific form of public power, is also characterized by an expressive feature of a special subject of power (territorial community) as a set of large numbers of people; joint communal property; tax system, etc.

Formation of the research tradition of studying the institute Parliamentarism as a mechanism for the establishment of democracy

2017 ◽  
pp. 187-198
Author(s):  
Akil Ibrahim Al-Zuhari
Keyword(s):  
Balance Of Power ◽  
Research Strategy ◽  
The State ◽  
Executive Power ◽  
Research Tradition ◽  
Stage Of Development ◽  
The People ◽  
Long Time ◽  
The Government ◽  
Parliamentary Regimes

The article defines the features of the process of forming the research tradition of studying the institute of parliamentarism as a mechanism for the formation of democracy. It is established that parliamentarism acts as one of the varieties of the regime of functioning of the state, to which the independence of the representative body from the people is inherent, its actual primacy in the state mechanism, the division of functions between the legislative and executive branches of government, the responsibility and accountability of the government to the parliament. It is justified that, in addition to the regime that fully meets the stated requirements of classical parliamentarism, there are regimes that can be characterized as limited parliamentary regimes. The conclusions point out that parliamentarism does not necessarily lead to a democracy regime. At the first stage of development of statehood, it functions for a long time in the absence of many attributes of democracy, but at the present stage, without parliamentarism, democracy will be substantially limited. Modern researchers of parliamentarism recognize that this institution is undergoing changes with the development of the processes of democracy and democratization. This is what produces different approaches to its definition. However, most scientists under classical parliamentarianism understand such a system, which is based on the balance of power. This approach seeks to justify limiting the rights of parliament and strengthening executive power. Keywords: Parliamentarism, research strategy, theory of parliamentarism, types of parliamentarism

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