scholarly journals Studi Komparatif (Comparative Constitutional Law) Antara Negara Demokrasi dan Negara Islam di Tinjau dari Persfektif Politik dan Keadilan

2017 ◽  
Vol 1 (2) ◽  
Author(s):  
Afrinald Rizhan

 Abstract The law is always identified with justice, because the law must reflect justice and at the same time maintain justice. Law as a moral category is similar to justice. The word "justice" is of course also used in the legal sense, in terms of compatibility with positive law, especially in conformity with the Act. The only thing that is always demanded by the community is justice, not the law. Because justice is an irrational ideal, and justice is not the goal of knowledge, so what is learned in science is law, even though justice itself is indispensable to human will and action. Justice is something that is difficult to reach. Seeing the number of elements that affect or the parties related to justice itself. Justice that tends to be relatively large influenced by political elements. Legal politics is a legal policy or legal (policy) line of law that will be enforced either by the creation of a new law or by the replacement of the old law, in order to achieve the objectives of the State. In other words Political law is a series of concepts and principles that outline and basic plan in the implementation of a job, leadership, and how to act in the field of law. The purpose of this study is to determine the comparison between the State of Democracy and Islamic State when viewed from Politics and Justice. Type of research conducted is normative legal research, namely research conducted on legal principles and legal synchronization level. The analysis conducted in this research is qualitative analysis by drawing deductive conclusions that is drawing conclusions from things that are general to things that are special. The result of this research is Democracy State and Islamic State both using politics. Because, in simple terms politics is a strategy, a technique of governing. Politics has also been used in Islam since the time of Prophet Muhammad SAW. He as a person who spread the religion of Islam and in the spread of religion is using the same strategy as with politics. Justice is a thing that has always been the basis of the ideals of each State, whatever form the State certainly has a vision and mission that did not escape the desire of achieving justice. So also with the State of Democracy and Islamic State. In addition to the equality of vision and mission of justice, another apparent equation concerns the thought of the political system of the relationship between the people and the rulers and the responsibilities of government. Keywords: state, politics, justice, democracy AbstrakHukum selalu diidentikkan dengan keadilan, karena hukum harus mencerminkan keadilan dan sekaligus dapat menjaga keadilan. Hukum sebagai kategori moral serupa dengan keadilan. Kata “keadilan” tentu saja juga digunakan dalam pengertian hukum, dari segi kecocokan dengan hukum positif, terutama kecocokan dengan Undang-Undang. Hanya saja yang selalu dituntut oleh masyarakat adalah keadilan, bukan hukum. Karena keadilan adalah suatu cita-cita yang irasional, dan keadilan bukan sasaran dari pengetahuan, maka yang dipelajari dalam suatu ilmu pengetahuan adalah hukum, meskipun keadilan itu sendiri sangat diperlukan bagi kemauan dan tindakan manusia. Keadilan adalah sesuatu hal yang sulit di gapai. Melihat banyaknya unsur-unsur yang mempengaruhi atau pihak-pihak yang terkait dengan keadilan itu sendiri. Keadilan yang cenderung bersifat relatif banyak di pengaruhi oleh unsur-unsur politik. Politik hukum adalah legal policy atau garis (kebijakan) resmi tentang hukum yang akan diberlakukan baik dengan pembuatan hukum baru maupun dengan penggantian hukum lama, dalam rangka mencapai tujuan Negara. Dengan kata lain Politik hukum adalah rangkaian konsep dan asas yang menjadi garis besar dan dasar rencana dalam pelaksanaan suatu pekerjaan, kepemimpinan, dan cara bertindak dalam bidang hukum. Tujuan penelitian ini adalah untuk mengetahui perbandingan antara Negara Demokrasi dan Negara Islam apabila di tinjau dari Politik dan Keadilan. Jenis Penelitian yang dilakukan adalah penelitian hukum normatif, yaitu penelitian yang dilakukan terhadap asas-asas hukum dan taraf sinkronisasi hukum. Analisis yang dilakukan dalam penelitian ini adalah analisis kualitatif dengan menarik kesimpulan secara deduktif yaitu menarik kesimpulan dari hal-hal yang bersifat umum kepada hal-hal yang bersifat khusus. Hasil yang didapat dari penelitian ini adalah Negara Demokrasi maupun Negara Islam sama-sama menggunakan politik. Karena, dalam permaknaan yang sederhana politik adalah strategi, teknik mengatur. Politik juga sudah digunakan dalam islam sejak zaman Nabi Muhammad SAW. Beliau selaku orang yang menyebarkan agama islam dan dalam penyebaran agama tersebut menggunakan strategi yang sama halnya dengan politik. Keadilan adalah suatu hal yang selalu menjadi dasar cita-cita setiap Negara, apapun bentuk Negara tersebut tentu mempunyai visi dan misi yang tak luput dari keinginan pencapaian keadilan. Begitu juga dengan Negara Demokrasi maupun Negara Islam. Selain persamaan terhadap visi dan misi keadilan tersebut, persamaan lain yang tampak adalah menyangkut pemikiran sistem politik tentang hubungan antara umat dan penguasa serta tanggung jawab pemerintahan. Kata Kunci: negara, politik, keadilan, demokrasi 

Author(s):  
Muhamad Akhsanul Fadli

Legal aid in Indonesia, especially in terms of access to justice, legal aid provided by the state to the people still relies on positive law. The law governing legal aid in Indonesia still revolves around the number of cases and the budget absorption target given to legal aid institutions that have been verified and accredited by the state for people/groups in need. Verification and Accreditation from the state with the parameters written in the law prevent those who need legal assistance if they are not categorized as poor. The requirement of the poor to access legal aid implies that access to legal aid for everyone in conflict is far from fair. Access to legal aid is very important because the goal of law is justice. In addition, legal aid aims to provide justice for those who do not have legal knowledge, in other words, are blind to the law. Justice for all is the pulse of legal aid that cannot be separated from the right to legal aid for those in need. Legal aid can be managed by the community, legal aid institutions/institutions that should provide access to those who need legal assistance and those in dispute, both poor and rich, so that justice for all is achieved. This study discusses the transcendental dimensions of legal aid. This study uses a descriptive research method that aims to analyze legal aid from aid agencies seen from the study of legal philosophy and legal aid with a transcendental dimension.


2019 ◽  
Vol 35 (1) ◽  
Author(s):  
Pham Hong Thai

Court accountability formed in the relationship of power between power owner and delegators, in which the delegators are obliged to be accountable to the owners of power. The nature of the accountability of the court is due diligence to clarify and explain information about the court's decisions, judgments, acts, and other activities up to the request of other state agencies, the authorized persons or the people. The accountable duty of the state, including the court, is regulated under the Constitution and other legal documents which show the content of the court's accountability mainly is explanation their adjudication is compiled to the following principles: publicity, independence, objectivity, only obeying the law, protecting justice. In fact, the court may ensure their accountability by publicizing their decisions, judgments, reports as well as their answers to any questions or requests. Keywords: Accountability, court, legal basis.


1970 ◽  
Vol 4 (2) ◽  
pp. 284-295
Author(s):  
Muridan Muridan

M. Natsir was one of the most prominent figures in religious discourse and movement in Indonesia. He was ada’wa reformer as well as a politician and a statesman.His most well known ideas were about the relationship between Islamand state, Islam and Pancasila, and his idea on da’wa. He stated that a country would be Islamic because of neither itsformal name as an Islamic state nor its Islamic state principles. The principles of the state could be generally formulated aslong as they referred to the Islamic values. Natsir also stated that the essence of Pancasila didn’t contradict with Islam; evensome parts of it went after the goals of Islam. However, it didn’t mean that Pancasila was identical with Islam. In relation toda’wa, he stated that it should be the responsibility of all Muslims, not only the responsibility of kiai or ulama. To make a da’wamovement successful, he suggested that it needed three integrated components; masjid, Islamic boarding school, andcampus.


1970 ◽  
Vol 3 (1) ◽  
pp. 63-74
Author(s):  
Muridan Muridan

M. Natsir was one of the most prominent figures in religious discourse and movement in Indonesia. He was ada’wa reformer as well as a politician and a statesman. His most well known ideas were about the relationship between Islamand state, Islam and Pancasila, and his idea on da’wa. He stated that a country would be Islamic because of neither itsformal name as an Islamic state nor its Islamic state principles. The principles of the state could be generally formulated aslong as they referred to the Islamic values. Natsir also stated that the essence of Pancasila didn’t contradict with Islam; evensome parts of it went after the goals of Islam. However, it didn’t mean that Pancasila was identical with Islam. In relation toda’wa, he stated that it should be the responsibility of all Muslims, not only the responsibility of kyai or ulama. To make ada’wamovement successful, he suggested that it needed three integrated components; masjid, Islamic boarding school, andcampus.


2007 ◽  
Vol 40 (2) ◽  
pp. 535-537
Author(s):  
Laura Stephenson

Democracy and Excellence: Concord or Conflict?, Joseph Romance and Neil Reimer, eds., Westport CN: Praeger, 2005, 166, pp. xiv.This volume is the product of a question, asked by Neal Reimer, about the relationship between democracy and excellence. Reimer provides background for this relationship in the first chapter, noting that it can be framed as government by the people versus standards of the good, true and beautiful. Conflict can arise between the two ideas because democracy prioritizes equality of citizens—but excellence depends upon the recognition of differentiating merit. While democracy provides citizens freedom from a limiting class structure, the lack of structure can make citizens indifferent to pursuing a noble vision of the state. Reimer argues, however, that there is a fundamental harmony between democracy and excellence and that examples of excellence in democratic societies (such as the United States) are many. It is possible and likely that democratic societies will attain excellence in practice.


2020 ◽  
Vol 12 (1) ◽  
pp. 87-99
Author(s):  
Munandzirul Amin

Democracy provides a place for us to learn to live with the enemy because only democracy allows tension and paradox, which comes from freedom, to occur in society. In contrast to the New Order era, we can now enjoy freedom of opinion and association. This freedom can in turn produce tension. The relationship between elements of society with one another, or the relationship between the state and elements of society, can be tense because of differences in interests in regulating social and political order. Meanwhile, Indonesian society witnessed the paradox which also originated from freedom. This, for example, is shown by the emergence of intolerant groups such as the Islamic Defenders Front (FPI) and Hizb ut-Tahrir Indonesia (HTI). Even organizations such as HTI are of the view that democracy is not in accordance with the teachings of Islam in terms of sovereignty in the hands of the people, what should determine that is the preogrative right of Allah SWT. The government in the view of HTI only implements sharia and determines administrative technical issues.


Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 21-27
Author(s):  
E.V. Titova ◽  
◽  
A.G. Kuzmin ◽  

The article analyzes the objective and natural character of the origin of legal principles; the process of constitutionalization of the principles of Russian law and their implementation into the legitimate behavior of the participants of public relations. The authors substantiate that the content of constitutional principles is represented by three main elements: requirement, ideal, and knowledge. The most essential feature of constitutional principles is their ability for the legal expression of the most socially and politically significant values and ideals (legality, justice, humanism, freedom, equality, respect, trust) for an individual, society, and state. Regulatory features and normative significance of the principles of law are obtained as a result of constitutional formalization, and their embodiment insignificant rules of conduct of the state and the citizen contribute to the establishment of constitutional order. Special attention is paid to the content of some constitutional principles: the principle of respect and protection of human dignity; the principle of maintaining citizens’ trust in the law and the state; the principle of respect for the state power


Author(s):  
Heri Herdiawanto ◽  
Valina Singka Subekti

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.


2013 ◽  
Vol 8 (2) ◽  
Author(s):  
Sanyoto Sanyoto ◽  
Antonius Sidik Maryono ◽  
Rahadi Wasi Bintoro

The growth of technological Progress make the change of pattern in  the socialize human life, and it can conduct the economic activity in the local scale, regional and also global. In the individual assocciation by using internet technology will take the relation pattern between individual which it is unlike what that happened in the real world. By the existence of internet, contractual terms between subject of law and each other without meeting (face to face), even it is enabled for subject of law not to recognizing each other. During the people conducting activity in the illusory world, especially in the private law, like commerce, agreement and also banking activity, it is enabled to take a problems such as performed in the conventional private relationship. If the consumer internet in the private activity feel their private rights are impinged and they are wish to claim their rights, so there is civil conflict.  The relationship between the individual in the transaction using internet not yet arrange peculiarly in law and regulation. But judge have to find the law and also create the law if he confronted with a dispute in the transaction using internet. Kata kunci : hakim, hukum, internet, perdagangan elektronik, tanda tangan digital


Jurnal Akta ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 9
Author(s):  
Arief Rahman Siregar ◽  
Gunarto Gunarto

This study tried to answer the problem formulation is What position and Function of Notary in using the State symbol? What if Notaries do malpractices in the using of State Symbol and how sanctions against malpractice Notary Public who use the State Symbol? The purpose of this study to determine the position and Function of Notary in using the State Symbol, and determine sanctions against notaries who do mal practice in the using of State Symbol.This research was conducted using the normative method, means testing and reviewing secondary data, using literature data in the form of positive law relating to Legislation relating to the issues discussed.The results of this study concluded that a Notary Public in the office using the Symbol State under Article 16 paragraph (1) letter k of Notary law) and use of the State symbol of Notary's Stamp or Head Letter Position as stipulated in Article 54 paragraph (1) letter j Act No. 24 of 2009 and as Stamp of Department Office as stipulated in Article 54 paragraph (2) letter j Act No. 24 of 2009, while the Notary malpractice in the using of State symbol is not necessarily directly given to criminal sanctions as a form of application of the law ultimum remidium. because there are several steps that must be passed given the Notary has its own rules in the Law on Notary. Notary of the behavior is also governed by a special organization that Indonesian Notary Association (INI), but still asked the criminal responsibility under Act No. 24 of 2009 and Article 154 of the Criminal Code letter if indeed Notary proven legally and convincingly to have malpractice against the using of State Symbol.Keywords: Notary Authority; Notary Position; Sanctions Against Notary.


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