scholarly journals Konsep Negara Hukum dan Demokrasi dalam Pandangan Abdul Qahhar Mudzakkar

2021 ◽  
Vol 3 (1) ◽  
pp. 39-50
Author(s):  
Abbas Abbas
Keyword(s):  
The State ◽  
Islamic State ◽  
Unit Of Analysis ◽  
Presidential System ◽  
The Republic

The research aims to find out about the conception of the state of law and democracy aspired by Abdul Qahhar Mudzakkar. The type of research used in this study is the socio-juridical type of research. Juridically because the unit of analysis in this research is an idea, the idea knows the concept. Where in what is meant is an idea Abdul Qahhar Mudzakkar about the concept of a state of law and democracy. Empirically the author sought to see the historical facts about the application of the concept correlated with the constitution of the Republic of Indonesia in the era of President Soekarno’s leadership. The results showed Abdul Qahhar Mudzakkar wanted the Indonesian state as an Islamic state with a presidential system of government while still carrying out the principles of true democracy. True democracy means Abdul Qahhar Mudzakkar is a tribute to the values of martyrdom, pluralism, and justice. This certainly requires better time, methods, and refinements if you want to be applied in a plural Indonesia.

scholarly journals Constitutional position of the President of the Republic of Srpska in the light of comparative law

2021 ◽  
pp. 231-247
Author(s):  
Darko Golić
Keyword(s):  
State Government ◽  
Comparative Law ◽  
Executive Branch ◽  
The State ◽  
Form Of Government ◽  
Presidential System ◽  
The Republic

Although the Constitution of the Republic of Srpska was created in extremely complex circumstances, exposed to multiple, often violent changes, the underlined constitutional concept of the organization of power and the position of the President of the Republic remained unchanged. Thanks to that fact, the Constitution of the Republic of Srpska confirmed its vitality, and enabled the stable functioning of the state government. Although the semi-presidential system (of power) implies certain elements common to all variants, there are numerous specifics of its different manifestations. In this regard, one can observe the position of the President of the Republic of Srpska, who, in addition to immediate legitimacy, has vast and independent powers, which make him the true head of the executive branch. In light of these characteristics of the position of the President of the Republic, one can speak of a stronger semi-presidential form of government. Having in mind determinism of existing solutions, the similarity with comparative models, and bearing in mind certain specifics, the author is of the opinion that established solution should not be changed.

scholarly journals Piagam Madinah dan Spiritnya dalam Undang-Undang Dasar (UUD) 1945

2019 ◽  
Vol 4 (1) ◽  
pp. 51
Author(s):  
Elkhairati Elkhairati
Keyword(s):  
Content Analysis ◽  
Data Collection ◽  
The State ◽  
Analysis Approach ◽  
Islamic State ◽  
Concrete Form ◽  
The Republic

This paper aims to look at the existence of the Medina Charter in terms of history, content and authenticity and how it is spiritual in the 1945 Constitution. This study takes the form of literature with a content analysis approach. Data collection techniques in this study are carried out by collecting magazines, journals and books and utilizing internet to collect data related to research. This study concludes that the Charter of Medina contains the Islamic Shari'a as a law, is democratic in nature. If observed carefully, it will be seen the spirit of the Medina Constitution in the 1945 Constitution as the basis of the State of Indonesia. The concrete form is reflected in the points of the articles of the 1945 Constitution. This proves that even though the Republic of Indonesia is not an Islamic state, it does not mean that this country ignores Islamic shari'a.

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 Islamic Law in the Pancasila State

2012 ◽  
Vol 12 (1) ◽  
Author(s):  
JM Muslimin
Keyword(s):  
Cultural Context ◽  
Islamic Law ◽  
The State ◽  
Islamic State ◽  
The Republic ◽  
The One ◽  
Islamic Society ◽  
Original Concept ◽  
Practical Sense

Abstrak: Hukum Islam di Negara Pancasila. Menurut al-Mâwardî dan Ibn Taymiyyah, konsep asal penerapan hukum Islam terletak pada kemestian adanya negara Islam. Tetapi, kenyataannya konsep negara Islam itu sendiri bervariasi dari waktu ke waktu. Maka, konsep yang final dan nyata tidaklah jelas wujudnya. Dengan kata lain, dapat dikatakan bahwa dalam praktiknya hukum Islam dapat diterapkan di manapun selaras dengan konteks sosio-kultural serta perkembangan dan kemajuan. Republik Indonesia adalah contoh yang baik bagaimana hukum Islam dapat diterapkan. Meski negara secara esensial tetap dalam kondisi sekuler, ide tentang penerapan syariah tidaklah secara ekstrem dilarang. Yang perlu dicatat adalah ide tersebut haruslah diperdebatkan dalam ranah publik, sehingga secara alamiah diketahui bahwa negara Pancasila memiliki batasnya sendiri untuk dapat mengakomodasi syariah di satu pihak, dan di pihak lain syariah sendiri merasakan keperluan adanya batasan tersebut dengan memperhatikan konteks Indonesia.Kata Kunci: Pancasila, khilâfah, sekuler, perdebatanAbstract: Islamic Law in the Pancasila State. According to al-Mâwardî and Ibn Taymiyyah the original concept of applying Islamic law lies on the existence of Islamic state. But, the concept of the Islamic state varies from time to time. Thus, the final and real concept always remains unclear. It can be said that in practical sense, Islamic law can be implemented anywhere in accordance with the socio-cultural context and its progress and development. The Republic of Indonesia is a good example of how shariah can be applied. Despite the State remaining relatively secular, in essence, the idea of the application of shariah is not strictly excluded. Nevertheless, these concepts should be debated in public until it is widely known that the Pancasila state is limited in accommodating shariah on the one hand and how shariah can be practised freely by the Indonesian Islamic society on the other.Keywords: Pancasila, khilâfah, secular, debateDOI: 10.15408/ajis.v12i1.976

scholarly journals Konsepsi Ketatanegaraan Kahar Muzakkar

2018 ◽  
Vol 8 (1) ◽  
pp. 50-77
Author(s):  
Abu Bakar
Keyword(s):  
Social Justice ◽  
Key Words ◽  
Political Thought ◽  
The State ◽  
Federal State ◽  
The Political ◽  
Islamic State ◽  
Islamic Political Thought ◽  
Presidential System ◽  
Executive System

Abstract: this article explains the political thought of Kahar Muzakkar. Kahar Muzakkar proclaimed his Islamic state with the name of Republik Persatuan Islam Indonesia (RPII) on 14 of May 1962 which is a realization of his Islamic political thought. Kahar Muzakkar wanted a federal state and positioned sharia as the state foundation. In addition to sharia, Kahar Muzakkar viewed that social justice and democracy were potential concepts that workable for his Islamic federal state. Concerning executive system, he opted for presidential system in which his Islamic federal state was to be led by a president directly elected by people with members of cabinet. Legislative body was also to be formed which would consist of Nation Assembly and the senate. Similar arrangement would be applied for states. Kahar Muzakkar believed that this model would save human civilization. He called this as Demokrasi Sejati in which the ultimate authority is God. God’s law is applicable for all aspects of life as has been revealed in the Quran and Hadith Key words: kahar Muzakkar, Islamic Political Thought, Demokrasi Sejati

scholarly journals The model of the secular state and the politics of secularism in Kazakhstan: modern challenges

2020 ◽  
pp. 65-73
Author(s):  
Yu.V. Shapoval
Keyword(s):  
State Regulation ◽  
The State ◽  
Islamic State ◽  
Religious Activities ◽  
Religious Ideology ◽  
War Zone ◽  
Religious Extremism ◽  
Religious Associations ◽  
The Republic ◽  
Secular State

The article focuses on the evolution of the secularism policy pursued in Kazakhstan since independence. The liberal Law “On Freedom of Conscience and Religious Associations”, adopted by one of the first in January 1992, is defined as the initial stage. The next stage is the transition from a soft border between religiosity and secularism to more stringent state regulation. Such a turn for the secularism model in Kazakhstan was noted in 2011. At this stage in the evolution of the politics of secularism, a new Law of the Republic of Kazakhstan (RK) on Religious Activities and Religious Associations was adopted. At this time, the problem of religious radicalization and religious extremism is becoming more relevant. Even before the 2000s, religious radicalism in Kazakhstan was predominantly imported, and in 2003-2004 there were signs of the emergence of the so-called “homegrown” terrorism. The situation was aggravated after the move of young people, citizens of Kazakhstan to the war zone in Syria by their entry into the ranks of militants, under the auspices of the "Hijra to the Islamic State." As a definite reaction, the State Program on Combating Religious Extremism and Terrorism in the Republic of Kazakhstan for 2013-2017 was adopted. As part of the implementation of this program, work has been launched to prevent the involvement of people in radical religious ideology. However, measures taken by the state were insufficient and ineffective. A particularly active departure of citizens of Kazakhstan to the “Islamic State” took place from 2014 to 2016. Therefore, the state faced an urgent need to rethink the factors of radicalization. As a result of operations Zhusan - 1, Zhusan - 2, Zhusan - 3, women with children from Syria were returned to Kazakhstan, which we define as another challenge to the secularism model in Kazakhstan. He forces to rethink all past experience of secularism, with the aim of finding a place for these women in a secular state. The article identifies several categories of returning women, examines the problems associated with the rehabilitation of these women and their re-socialization, analyzes the experience of Kazakhstan in this area.

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 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 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.

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.

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