scholarly journals In the state administration system of Indonesia: No space for Khilafah!

2021 ◽  
Vol 77 (3) ◽  
Author(s):  
Priyo Handoko ◽  
Anis Farida
Keyword(s):  
Islamic Law ◽  
Early History ◽  
Legal Research ◽  
Conceptual Approach ◽  
Developed Country ◽  
Administration System ◽  
Road Map ◽  
State Administration ◽  
History Of ◽  
Constitutional System

This study aims at reducing, and even eliminating, the thoughts of small Muslim groups in Indonesia, which state that the replacement of Pancasila as a Khilafah will raise the Indonesian state to become a developed country. This study uses a normative legal research methodology with two approaches: a historical and a conceptual approach. The historical approach was used to review the history of the implementation of the Khilafah system in Islam and the early history of the emergence of Pancasila as a national government system. Meanwhile, the conceptual approach was used as a road map to examine the Khilafah and Pancasila concepts in the constitutional system. The results of this study revealed that Pancasila represents the Indonesian nation’s ideology, which is in tune with Islamic law, and can answer all the needs of its people. Through Pancasila, the Indonesian people can live in harmony amidst existing pluralism. Therefore, there is no space for ideology other than Pancasila to fill and become the foundation of the Indonesian nation.Contribution: This article attempts to answer Muslim people’s doubts with extremist ideology who want to change Pancasila into Khilafah. No movement seeks to change the Pancasila government system with other government systems.

TINJAUAN YURIDIS TERHADAP PENGEMBALIAN KEWENANGAN ISTIMEWA MAJELIS PERMUSYAWARATAN RAKYAT MELALUI PERUBAHAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945

2018 ◽  
Vol 5 (1) ◽  
pp. 142
Author(s):  
Putu Ayu Anastasia Wierdarini
Keyword(s):  
Research Method ◽  
State Institution ◽  
Vice President ◽  
Legal Research ◽  
Conceptual Approach ◽  
Administration System ◽  
Material Content ◽  
The People ◽  
State Administration ◽  
Strategic Position

The amendment of the Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 positioned the Majelis Permusyawaratan Rakyat no longer as the highest state institution and the highest sovereign of the people. This has implications for the authority of the Majelis Permusyawaratan Rakyat to have a strategic position, namely to UUD 1945, to stipulate GBHN, to elect the president and vice president through amendment of its authority to be very limited and weak. This paper examines jurisdictionally how to restore the privileges possessed by the Majelis Permusyawaratan Rakyat through the amendment of the UUD 1945. A normative legal research method with statute approach and conceptual approach is used to analyze this problem.The results of the study indicate that the MPR's repatriation in the main and vital position in the Indonesian state administration system is very important, namely through amendments to the material content of the UUD 1945 which must be implemented on an ongoing basis.

scholarly journals Desain Desentralisasi Asimetris Dalam Sistem Ketatanegaraan Republik Indonesia

2018 ◽  
Vol 1 (4) ◽  
pp. 413-435
Author(s):  
Gunawan A Tauda
Keyword(s):  
Colonial Period ◽  
Regional Government ◽  
Legal Research ◽  
Conceptual Approach ◽  
Administration System ◽  
Historical Continuity ◽  
State Administration ◽  
The Republic ◽  
And Control ◽  
Control Designs

Abstract This study aims to know the design of asymmetric decentralization in the state administration system of the Republic of Indonesia. The research method used in the research is legal research that uses a conceptual approach. The results show that asymmetric decentralization in Indonesia is a historical continuity that has been started from the colonial period and confirmed to date in the 1945 Constitution of the Republic of Indonesia. As a reality of the practice of regional government, the constitutional juridical legitimacy of asymmetric decentralization can be referred to in Article 18A paragraph ( 1), and Article 18B paragraph (1) of the Constitution of the Republic of Indonesia as the supreme law of the land. Asymmetric decentralization concerns fundamental matters related to the pattern of relations between the center and the regions regarding different authority, institutional, financial and control designs. Keywords: Asymmetric Decentralization, State Administration System, Indonesian Government Abstrak Penelitian ini bertujuan utnuk menegtahui desain Desentralisasi Asimetris Dalam Sistem Ketatanegaraan Republik Indonesia. Metode penelitian yang digunakan dalam penelitian adalah penelitian hukung yang menggunakan pendekatan kosnep (conceptual approac). Hasil penelitian menujukan bahwa Desentralisasi asimetris di Indonesia merupakan sebuah keberlanjutan sejarah yang telah dimulai dari masa kolonial dan ditegaskan hingga saat ini dalam UUD NRI Tahun 1945. Sebagai sebuah realitas praktik pemerintahan daerah, legitimasi yuridis konstitusional dari desentralisasi asimetris tersebut dapat dirujuk dalam Pasal 18A ayat (1), dan Pasal 18B ayat (1) Konstitusi Republik Indonesia sebagai hukum tertinggi negara (the supreme law of the land). Desentralisasi asimetris menyangkut urusan yang fundamental terkait pola hubungan pusat dan daerah menyangkut desain kewenangan, kelembagaan, finansial dan kontrol yang berbeda. Kata Kunci: Desentralisasi Asimetris, Sistem Ketatanegaraan, Permerintah Indonesia

scholarly journals Menakar Tujuan Hukum dibalik Putusan MA No. 46 P/HUM/2018 Yang Pro Koruptor

2019 ◽  
Vol 4 (2) ◽  
pp. 99-134
Author(s):  
Nurlindah Nurlindah ◽  
A. Sugirman ◽  
Rosita Rosita
Keyword(s):  
Islamic Law ◽  
Supreme Court Decision ◽  
Vice President ◽  
Legal Certainty ◽  
Legal Research ◽  
Conceptual Approach ◽  
Track Record ◽  
General Elections ◽  
Election Commission ◽  
Executive Body

In welcoming 2019 concurrent general elections, the General Election Commission issued PKPU No. 20 of 2018, one of which banned former convicts of corruption from becoming legislative candidates on the grounds that corruption is an extraordinary offense that is commonly practiced by legislators both individually and in congregation. The regulation is stated in Article 4 paragraph (3) PKPU No. 20 of 2018 concerning Nominations for Members of DPR, Provincial DPRD and Regency / City DPRD. However, the regulation was canceled with the issuance of Supreme Court decision No. 46 P / HUM / 2018. Based on this, the limitation of the problem of this research is how to measure the aspects of the legal objectives behind the decision No. 46 P / HUM / 2018 which are more pro-corrupt so that they can understand the judge's decidendi ratio in canceling the prohibition of ex-convicts from becoming legislators. This type of research is normative legal research with a statutory approach and conceptual approach. The theoretical basis in the presentation of research results is the theory of legal goals by Gustav Radbruch namely justice, certainty and usefulness which is compared with Islamic law. The results of this study indicate that the Supreme Court's consideration overturned PKPU No. 20 of 2018 because it is considered contrary to Article 240 of Law No. 7 of 2017 concerning General Elections and Article 12 of Law No. 12 of 2011 concerning Formation of Laws and Regulations. The Supreme Court's considerations in the a quo ruling contain the three legal objectives. However, it is more inclined to legal certainty, so it does not reflect the value of justice that lives in the community. The cause of not achieving the values of justice that live in the community in the a quo decision is because the basis for testing the regulation is Law No. 7 of 2017 concerning General Elections does not prohibit such matters, even though the nomination rules on the executive body namely the President and Vice President require that they do not have a bad track record. Likewise when viewed from Islamic law which requires legislative candidates called ahlul ahli wal aqdi must have a fair way which means having integrity and a good image in the society.

scholarly journals Perbedaan Pemahaman Konsep Ikrar Talak Menurut Putusan Pengadilan Agama dengan Syariat Islam

Wajah Hukum ◽  
2019 ◽  
Vol 3 (1) ◽  
pp. 20
Author(s):  
Nourma Dewi ◽  
Femmy Silaswaty
Keyword(s):  
Islamic Law ◽  
Research Approach ◽  
Legal Research ◽  
Conceptual Approach ◽  
Islamic Period ◽  
Legal Remedies ◽  
Religious Courts

This study aims to determine the differences in understanding the concept of talaq pledges according to the decisions of religious courts with Islamic Shari'a. This research is normative legal research. The research approach used in this study is the legislative approach and the conceptual approach. Based on the results of the research and discussion it can be concluded that there is a concept inconsistency between the religious courts that adhere to the Compilation of Islamic law with Islamic Shari'a which includes the fall of divorce, legal remedies, and the enactment of the Islamic period.

scholarly journals Geographical aspects of the changes of Hungary’s deconcentrated state administration system between 1990 and 2012

2013 ◽  
Vol 20 (20) ◽  
pp. 59-69
Author(s):  
Gábor Kozma ◽  
Attila Barta
Keyword(s):  
The Political ◽  
County Level ◽  
Administration System ◽  
State Administration ◽  
Territorial Structure ◽  
History Of ◽  
The Government ◽  
The One ◽  
The Individual ◽  
Selection Of

Abstract One of the most important segments of the post-1990 transformation of territory-based administration in Hungary was the changing of the geographical structure of deconcentrated state administrative organisations. The study, on the one hand, provides a brief overview of the history of deconcentrated state administrative organisations in Hungary, and discusses the regional characteristics of the organisational transformations after the political changes, taking six moments in time (the middle of 1994, 1998, 2002, 2006, 2010 and 2012 respectively) as the basis. On the other hand, using the same six snapshots in time, it examines which settlements experienced favourable or unfavourable changes, and what factors influenced the selection of the seats for these institutions. The results of the survey indicated that the alignment of territorial structure of deconcentrated state administrative organizations to the planning-statistical, NUTS 2 regions has already begun at the end of the 1990s. The government formed in 2006 took significant steps in the area of aligning the spatial structure of the organizations with the planning-statistical regions; however, in the period after 2010 the significance of the county level increased again. In the period examined, no significant changes took place at the top and at the bottom of the list according to the number of seats: the largest settlements of the individual regions reinforced their leading positions.

scholarly journals Impeachment in The State System

2018 ◽  
Vol 1 (1) ◽  
pp. 46
Author(s):  
Nurwita Ismail
Keyword(s):  
House Of Representatives ◽  
Vice President ◽  
Constitutional Court ◽  
Legal Process ◽  
Administration System ◽  
Procedural Law ◽  
Head Of State ◽  
State Administration ◽  
Broad Interpretation ◽  
Constitutional System

Impeachment In Constitutional System. This paper aims: To know and analyze how the impeachment arrangements in the Indonesian state administration system; To know and analyze how the legal process in impeachment mechanism before amendment and after an amendment of 1945 Constitution; by using Normative Method The study conducted in this research is the literature. Impeachment of the President and Vice President of his / her position is not new in the Indonesian state administration system. Both before the amendment and after the amendment of the 1945 Constitution. The 1945 Constitution of the amendment result has specified the provisions concerning the Impeachment of the President and Vice President as head of state. However, the mechanism of the impeachment process is determined in a constitutionally eliminative manner even though these reasons have a very broad interpretation and may be subjective, especially in a political institution of the DPR, by which there are several things to be considered in the impeachment process in Indonesia, such as the impeachment process in the House of Representatives Regional and process of Impeachment in the Constitutional Court. There is a need for the provision of legal products or the making of procedural law which regulates the impeachment of the President and Vice President.

Fatwa Majelis Ulama Indonesia sebagai Solusi Permasalahan Umat Islam di Indonesia

2020 ◽  
Vol 14 (2) ◽  
pp. 307-316
Author(s):  
Ibnu Elmi Achmat Slamat Pelu ◽  
Jefry Tarantang
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Legal Authority ◽  
Legal Research ◽  
Conceptual Approach ◽  
Historical Approach ◽  
High Position ◽  
Legal Norms ◽  
Legal Development ◽  
Binding Position

The Indonesian Ulema Council (MUI) has an important role in answering the increasingly complex problems of Muslims through fatwas. However, in the Indonesian legal system, fatwas are not considered a source of material law that has legal validity as a solution to the problems of Muslims in Indonesia. Therefore, this study aims to describe the position of fatwas in the legal system in Indonesia and the existence of the fatwas of the Indonesian Ulema Council in addressing the problems of the ummah. This research is a normative legal research using three types of approaches consisting of a statutory approach, a historical approach, and a conceptual approach. The results of this study concluded that: firstly, the position of fatwas in the construction of Islamic law has a high position. Fatwas are seen as a solution that can break the ice in legal development that is not accommodated by the texts of the Quran. So, substantively and sociologically, fatwas have a strong and binding position in Islamic law. Secondly, the existence of the fatwa of the Indonesian Ulema Council in responding to the problems of the Ummah can be seen in two aspects. The first aspect, fatwas in the perspective of Islamic legal authority are binding sociologically in substance. This is because fatwas are explanations and interpreters of the texts of the Quran regarding Islamic law. The second aspect, fatwas from the perspective of the hierarchy of laws and regulations, legally and formally, do not have any position in the ranking of legal norms. However, it is constitutionally guaranteed through Article 29 of the 1945 Constitution that guarantees the realization of the fulfillment of all Islamic law for Muslims in Indonesia.

خاتم النبيين والهجمات الخارجية The Last Prophet and External Attacks

2014 ◽  
Vol 10 (2) ◽  
pp. 16
Author(s):  
أسماء أكلي (Asmaa Akli) ◽  
وراضية باشوش (& Radhia Bachouch)
Keyword(s):  
Islamic Law ◽  
Early History ◽  
Muslim World ◽  
Ethical System ◽  
History Of ◽  
Objective Research ◽  
Research Studies

تناول هذا البحث بالدراسة واحدة من أهم معضلات العالم الإسلامي وهي الاعتداء على رموزه من خلال سب نبيها محمد  والاستهزاء به، فكان من الواجب أن يكون هناك بحث موضوعي يرد ويسدد ويوجه مسار مواجهة هذه التعديات، فجاء هذا البحث موضحا أحد أساليب مواجهة الدعوة في القديم والحديث، مبينا مخالفتها للنظم والمعايير الأخلاقية والذوق الحضاري، وبيان حكمها ليس في التشريع الإسلامي فقط، وإنما في الدساتير والمواثيق الدولية. وقد خلصت الدراسة إلى بيان أساليب الرد في الصدر الأول من الإسلام، وكذلك  زمن الصحابة رضي الله عنهم، والعصر الحاضر، منتهية باقتراح خطة حكيمة لصد هذا العدوان.*****************************************************This research studies one of the main problems of the Muslim world which is the attack on its symbols by insulting and mocking the Prophet Muhammad (s.a.w.). There is an urgent need of an objective research on this subject that should respond, correct, and direct the course of facing these attacks. This research focuses on one of the methods used in both old and new propagation, explaining how it is in conflict with the ethical system and standards and civilizational decency, and elaborating its ruling which is not only in Islamic law, but also in the international covenants and conventions. The study includes discussion of the methods of rebuttal as found in the early history of Islam, during the time of ØaÍÉbah, and the present era, proposing a wise plan to repel this aggression.

Ijtihad by Ra’y

2007 ◽  
Vol 24 (1) ◽  
pp. 73-95
Author(s):  
Saim Kayadibi
Keyword(s):  
Historical Perspective ◽  
Direct Relationship ◽  
Islamic Law ◽  
Early History ◽  
History Of

This essay investigates the implementation of istihsan (juristic preference) in the early history of Islam by identifying the concept of ijtihad (independent effort) and ra’y (juristic opinion), both of which played an enormous role in the development of Islamic law. Ijtihad by ra’y (personal judgment in juridical judgment) has been practiced from the time of the Prophet, as reflected in several hadiths narrated by Mu`adh ibn Jabal (d.18/640). The Prophet taught him how to use personal discretion and encouraged the Companions to undertake ijtihad by ra’y with regard to various issues. The criteria of personal judgment in istihsan indicate a direct relationship between istihsan and ijtihad by ra’y. The nature of istihsan, the wisdom behind it, and the wisdom of its use is quite considerable. As istihsan is considered a product of ijtihad, it represents simplicity, ease, and the lifting of difficulties. If the resulting qiyas (analogy) is not in keeping with the Shari`ah’s spirit, then the ruling of similarities should be abandoned in order to give a ruling according to the special evidence that justifies its spirit. The definitions of istihsan, ijtihad, and ra’y; the historical perspective of ra’y; the validity of ijtihad and its implementation at the time of the Prophet and the Companions; and the practices of ijtihad in terms of istihsan among the Companions are all explored in this paper.

VISUAL COMMUNICATION OF THE TRADITIONAL HOUSE IN NEGERI SEMBILAN

2018 ◽  
Vol 5 (2) ◽  
pp. 112-123
Author(s):  
Mohd Haizra Hashim ◽  
Abdul Mu’ati Zamri Ahmad ◽  
Muhammad Pauzi Abdul Latif ◽  
Mohd Yazid Mohd Yunos
Keyword(s):  
Visual Communication ◽  
Islamic Law ◽  
Early History ◽  
Islamic Art ◽  
Structural Elements ◽  
History Of ◽  
Surrounding Space ◽  
The Relationship ◽  
Selection Of

Visual communication in architecture is a genuine aspiration in realizing the relationship between the Malays and other communities. The composition of the models in this communication is very well organized and will remain relevant to be developed from time to time. It is an observation on the symbols, types of motifs and design aspects of the carvings, also the structural elements in the Malay architecture of Negeri Sembilan. This also comprises the study of the chronology of the early history of the Malay architecture of Negeri Sembilan which has its linkages with the Islamic art. Emphasis is given to the diversity in the carving characteristics as a comparison regarding historical, cultural and environmental backgrounds. The delicacy of the craftsmanship among Malay carvers in Negeri Sembilan is reflected in their maturity and ability to fuse traditional elements and Islam. Symbols that have motifs in the carvings result from the carvers' observation and experience. The selection of these motifs is carefully made to ensure that they are the Islamic teachings and not deviating with the Islamic law. Carvings in the Malay architecture of Negeri Sembilan are also crafted with an aim to beautify a piece of architecture made of various motifs. Those carved parts are always assured to maintain the balance with the surrounding space. Floral motifs are often combined with cosmic or geometrical motifs. In many cases, plant-based motifs are also prevalence translated into carvings. This is a tribute from the Malay carvers to beauty, perfection, and harmony of nature.

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