scholarly journals Demokrasi dan Penegakan Hukum dalam Wawasan Al-Qur’an

alashriyyah ◽  
2021 ◽  
Vol 7 (02) ◽  
pp. 109-120
Author(s):  
Muhammad Soleh Ritonga
Keyword(s):  
Law Enforcement ◽  
The People ◽  
The Law ◽  
Sense Of Justice ◽  
Deep Sense ◽  
Holy Book

Islam is a religion that regulates people's lives. This includes democracy and law enforcement. In democracy there are several views of Muslim experts, some accept but on the condition that the power is not absolute in the hands of the people, and there are also those who reject it altogether. In the ulama democracy accepted in Islam is deliberation and consensus in matters that are in accordance with religious rules. In Islamic democracy, it is very radicalism. This can be seen from the views of some scholars of Tafsir regarding Surah Al-Baqarah verse 143 that Islam is not exceeding the limit. Meanwhile, good law enforcement can be created because of a well-executed democracy. In Islam, law enforcement is a profession that is not easy. There are criteria and ethics for judges as law enforcers so that the law can produce a fair law. In the enforcement of the law must glorify God's commandments and have a sense of compassion or concern and a deep sense of justice that is shown. Democracy and law enforcement in the perspective of the Qur'an there are ethics that must be done, so that democracy and law enforcement cannot be separated from religion as secular views separate religion from worldly problems. Religion with the guidance of the holy book Al-Qur'an plays an important role in guiding democracy and good law enforcement.

scholarly journals POLITIK HUKUM DALAM PUTUSAN HAKIM (The Politic of Law in a Verdict)

2016 ◽  
Vol 5 (1) ◽  
pp. 53
Author(s):  
Teguh Satya Bhakti
Keyword(s):  
Law Enforcement ◽  
Judicial Process ◽  
Legal Development ◽  
Basic Law ◽  
The People ◽  
Complete Set ◽  
The Law ◽  
The Times ◽  
Sense Of Justice ◽  
Legal Discovery

Suatu undang-undang (hukum tertulis) tidak pernah lengkap, jelas dan tuntas mengatur kehidupan masyarakat, sehingga selalu tertinggal dalam mengikuti perkembangan masyarakat. Untuk mengikuti perkembangan itu, maka undang-undang tersebut perlu untuk selalu dikembangkan agar tetap aktual dan sesuai dengan zaman. Pelaksanaan dan perkembangan peraturan perundang-undangan terjadi melalui putusan hakim (yurisprudensi) dalam proses peradilan. Dengan kata lain, yurisprudensi dimaksudkan sebagai pengembangan hukum, guna memenuhi kebutuhan hukum pencari keadilan. Pelaksanaan fungsi penegakan hukum dan keadilan maupun fungsi penemuan hukum (rechtsvinding) yang terwujud dalam suatu putusan hakim (yurisprudensi), haruslah mengacu kepada pancasila sebagai norma fundamental negara (staatsfundamentalnorm) atau kearifan/kegeniusan nasional (national wisdom/national genius) dan UUD 1945 sebagai hukum dasar negara, sehingga keputusannya mencerminkan perasaan keadilan bangsa dan rakyat Indonesia. Hal demikianlah yang merupakan perwujudan politik hukum dalam putusan hakim.  A law (written law) was never full, clear and complete set of community life, so it is always lagging behind follows the development of society. To keep abreast of it, the law should always be developed in order to remain update and relevant to the times. Implementation and development of legislation going through the verdict (jurisprudence) in the judicial process. In other words, jurisprudence intended as legal development, to meet the legal needs of justice seeker. Implementation of the functions of law enforcement and justice as well as the function of legal discovery (rechtsvinding) embodied in a verdict (jurisprudence), should refer to Pancasila as the norm of fundamental state (staatsfundamentalnorm) or wisdom / genius of the national (national wisdom / national genius) and 1945 as the basic law of the state, so that the decision reflects the sense of justice of the nation and the people of Indonesia as well. It declares a political manifestation of the law in a verdict. 

scholarly journals PERLINDUNGAN HUKUM TERHADAP KELALAIAN PEMENUHAN PEMBAYARAN NAFKAH ANAK PASCA PERCERAIAN BERDASARKAN PUTUSAN PENGADILAN AGAMA BLITAR

2020 ◽  
Vol 9 (1) ◽  
pp. 50
Author(s):  
Rufia Wahyuning Pratiwi
Keyword(s):  
Law Enforcement ◽  
Human Values ◽  
Legal Problem ◽  
The Law ◽  
The Right ◽  
Sense Of Justice

Penelitian ini dilatar belakangi oleh adanya beberapa permasalahan yang ada di Pengadilan Agama Blitar, dengan beberapa pengaduan masyarakat terkait tentang lalainya mantan suami dalam kewajibannya memberikan nafkah kepada anaknya pasca perceraian.  Karena anak adalah manusia kecil yang butuh perlindungan dan butuh diperlakukan secara manusiawi, dan sila kemanuasian yang adil dan beradab maupun misi dalam maqoshidussyariah hifdhul nafsi dan hifdhul nasl (melindungi jiwa dan keturunan) dalam syariah Islam harus terwujud. Tujuan penelitian ini agar supaya para pencari keadilan cerdas dan paham akan hukum serta langkah-langkah yang harus ditempuh dalam menghadapi suatu permasalahan hukum guna tegaknya hukum dan terwujudnya keadilan. Hasil penelitian ini memperoleh bahwa hasil pertama mengetahui penyebab adanya kelalaian terhadap pemenuhan pembayaran nafkah anak pasca perceraian, sehingga perlu ditelaah ulang tentang putusan hakim yang bisa menjadi tolak ukur telah adanya jiwa kemanusian demi tegaknya hukum dan rasa keadilan yang dirasakan oleh pencari keadilan. Kedua, mencari solusi tepat agar produk pengadilan yang berupa putusan benar-benar bisa mencerminkan nilai-nilai kemanusiaan, keadilan yang benar-benar bisa melindungi kepentingan para pencari keadilan.Kata kunci: anak, perceraian, perlindungan, hukum This research is motivated by a number of problems that exist in the Blitar Religious Court, with some related public complaints about the negligence of ex-husband in his obligation to provide for their children after divorce. Because children are little people who need protection and need to be treated humanely, and the precepts of fair and civilized humanity and mission in maqoshidussyariah hifdhul nafsi and hifdhul nasl (protecting souls and offspring) in Islamic sharia must be realized. The purpose of this study is so that justice seekers are smart and understand the law and steps that must be taken in dealing with a legal problem in order to uphold the law and the realization of justice. The results of this study found that the first result found out the cause of negligence in fulfilling child income payments after divorce, so it was necessary to review the judge's decision that could become a benchmark for the existence of a humanitarian spirit for the sake of law enforcement and a sense of justice felt by justice seekers. Second, finding the right solution so that court products in the form of decisions can truly reflect human values, justice which can truly protect the interests of justice seekers.Keywords: child, divorce, protection, law

scholarly journals THE PEOPLE AND THE STATE AUTHORITIES: THE ANALYSIS OF THE INTERACTION AND COOPERATION IN THE THEORETICAL LEGACY V. N. LESHKOV

2018 ◽  
Vol 6 (3) ◽  
pp. 26-30
Author(s):  
Тимур Чукаев ◽  
Timur Chukaev
Keyword(s):  
Civil Society ◽  
Law Enforcement ◽  
Public Administration ◽  
The State ◽  
First Century ◽  
Legal Research ◽  
Methodological Basis ◽  
The People ◽  
General Scientific ◽  
The Law

The Article is devoted to the theoretical and legal heritage of the prominent Russian lawyer Vasily Nikolaevich Leshkov (1810–1881), his ideas about society as a subject of public administration, about the interaction of civil society and the police as subjects of the implementation of the law enforcement function. The methodological basis of the research is general scientific (historical, systemic, functional) and special (formal-legal, historical-legal, comparative-legal) methods of legal research. A theoretical legacy, V. N. Leshkov, which contemporaries did not understand, and the descendants of the forgotten, to comprehend the researchers in the twenty-first century.

scholarly journals PENEGAKAN HUKUM DI INDONESIA: APAKAH INDONESIA NEGARA HUKUM?

2017 ◽  
pp. 109-126
Author(s):  
Siti Merida Hutagalung
Keyword(s):  
Social Justice ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Public Welfare ◽  
Intellectual Life ◽  
State Constitution ◽  
The People ◽  
Constitutional State ◽  
Long Time ◽  
The Law

AbstractLaw problems are not finished yet until Indonesia entering its reformation era. AlthoughIndonesia actually is the Constitutional State, constitution has failed to provide protectionto the people. Supremacy of Law which is mandated by the Constitution 1945 is failed to beconducted, while law apparatus like public prosecutors, judges, polices and lawyers areinvolved playing the law. And then term as Law Mafia becomes familiar for public. Thegovernment has initiated various efforts to solve the law problems by making the NationalLaw Commission, Corruption Eradication Commission, Judicial Commission, Special TaskForce for Law Mafia, etc but it seems that it’s need a long time to improve the lawenforcement in Indonesia. But, law enforcement is still far from the ideals of rechts idée,and the aim of the State Law (Homeland/NKRI) as contained in the preamble of theConstitution paragraph four: developing the intellectual life of the Indonesian nation;creating more prosperous life or public welfare, and the fourth principle of Pancasila that isrealizing social justice for all the people of Indonesia.Keywords: Rule of law, Law enforcement, Constitution 1945, Law institution

scholarly journals POLITIK HUKUM LINGKUNGAN HIDUP DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP

FIAT JUSTISIA ◽  
2016 ◽  
Vol 9 (2) ◽  
Author(s):  
Dani Amran Hakim
Keyword(s):  
Environmental Management ◽  
Law Enforcement ◽  
Environmental Pollution ◽  
Legal System ◽  
Deterrent Effect ◽  
Environmental Damage ◽  
Law Enforcement Agencies ◽  
Environmentally Sustainable ◽  
The People ◽  
The Law

The legal political environment in Indonesia in terms of protection, management and control of environmental pollution in Indonesia and to investigate the implementation of environmental pollution control and law enforcement in Indonesia. the results of the study stated that the renewal law of Environmental management is influenced by a variety of development changes occurring in society, such as the influence of the era of democratization, industrialization, advancement of science and technology and the rise of the welfare demands of various parties. Political aspects contained in the politics of Law Number 32 of 2009 on the protection and management of the environment has not been run in accordance with the legal political objective, because there are natural resources that can not be utilized for the prosperity and welfare of the people. It is also still a lot of water pollution, air pollution, deforestation and other actions of the parties who damage the environment. It is necessary to implement environmental management to preserve the environment and develop skills which are harmonious, consistent and balanced in order to support the implementation of the development of environmentally sustainable. Law enforcement agencies in understanding the perceived environmental legal system are still experiencing difficulties. Lack of understanding of the law enforcement officers will cause rules is formed in one unified national legal system will deviate from the direction of the political objectives of the law. The need for clear law enforcement for the doer / destroyer of the environment in order to create a deterrent effect and between 3 penalties (criminal, civil and administrative) is not overlapping. Law enforcement difficult because of the difficulty of proving and determining the standard criteria of environmental damage. Keywords: Legal Politic, Environment, The Act Number 32 years 2009 on The Protection and Environmental Management

scholarly journals DISPARITAS PENEGAKAN HUKUM DI INDONESIA (ANALISIS KRITIS KASUS NENEK MINAH DALAM PERSPEKTIF HUKUM PROGRESIF)

2017 ◽  
Vol 16 (2) ◽  
pp. 221
Author(s):  
Murdoko Murdoko
Keyword(s):  
Law Enforcement ◽  
Public Domain ◽  
Economic Power ◽  
Court Decisions ◽  
The Real ◽  
The Poor ◽  
The Law ◽  
Sense Of Justice

<em>This paper examines the law enforcement in public domain. The court decisions on many cases often undergo disparities that deny the sense of justice. The disparities increasingly appear when the case comes to people who have political or economic power. However, when the case comes to the poor, who do not have power and so on, the law can be very sharp to enforce. In perspective of the progressive law, the case of </em>Nenek Minah is<em> ideally not relevant to prosecute at the court. In fact, that case shows that the working of the law in Indonesia is still based on the text rather than the context. The law enforcement is solely based on the written provisions (legalistic-positivistic) without paying attention to sociological dimension, so that the law enforcement is still far away from the purpose of law that is able to present the real justice.</em>

scholarly journals Criminal law policy about KPK authorities in the perspective of criminal action in corruption in Indonesia

2019 ◽  
Vol 3 (2) ◽  
pp. 156-162
Author(s):  
Ilham Ilham
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
The State ◽  
State Agency ◽  
Constitutional Design ◽  
State Constitution ◽  
The People ◽  
Law Enforcement Agency ◽  
The Common ◽  
The Law

Criminal law policy of the authority of the Corruption Eradication Commission the authority associated with the Corruption Eradication Commission (KPK) is the state agency that are unconstitutional, although not spelled out in the state constitution is the 1945 Constitution. Corruption eradication commission (KPK) was formed to look at the nature of the corruption itself is an extraordinary crime, so it requires an independent institution to fight corruption in Indonesia. Background The Commission is not due to the formation of the constitutional design rigidly interpreted, but rather incidental issues in the country and the common will of the people of Indonesia to combat corruption. Position of the Commission as a state agency is independent and free from the influence of any power, it is meant for combating corruption Commission did not get the intervention of any party. The establishment of the Commission was also a response to the ineffectiveness of the law enforcement agency performance so far in combating corruption, which impressed protracted in handling even indicated there was an element of corruption in the handling of his case. The authority granted by the Act prosecution to the Commission under the authority of the legitimate .The authority of the Commission is constitutional, it is reinforced by a number of decisions of the Supreme constitution..

scholarly journals “COUNTER-REVOLUTIONARY CRIMES” IN AGRICULTURE OF UDMURTIA IN THE 1930s

2019 ◽  
Vol 29 (4) ◽  
pp. 614-624
Author(s):  
V.V. Filatov
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Soviet Power ◽  
Rural Residents ◽  
The People ◽  
State Economy ◽  
History Of ◽  
Actual Material ◽  
The Law ◽  
The Village

The article is devoted to one of the tragic periods in the history of Udmurtia and the whole country. The repressions of the 1930s affected many people in one way or another. Of particular importance was the law enforcement of state crimes, especially the so-called counter-revolutionary crimes. The actual material of that time showed a violation of human rights. Everyone could be declared and condemned as a counter-revolutionary, regardless of his or her position. As a result of repressions, first of all wealthy peasants suffered. They were declared counter-revolutionaries, the main opponents of all actions of the Soviet power in the village. The failures of the collective and state economy were attributed to the enemies of the people, the activities of counter-revolutionary organizations. Protection from mythical criminals turned into punitive actions, into organized Big Terror. The Udmurt regional material shows that repressions against rural residents and other segments of the population on counter-revolutionary crimes did not differ from other regions of the country.

scholarly journals Criminal Action of Coral Reef Destruction on Kayoa Island, South Halmahera Regency

2021 ◽  
Vol 04 (10) ◽  
Author(s):  
Muhammad Amin Hanafi ◽  
Keyword(s):  
Coral Reef ◽  
Law Enforcement ◽  
Coral Reefs ◽  
Economic Factors ◽  
Legal Research ◽  
Applicable Law ◽  
The People ◽  
Empirical Research Methods ◽  
The Law ◽  
The Village

This study aims to find out what factors make people commit criminal acts of destroying coral reefs on the island of Kayoa and how to enforce the law against people who commit criminal acts of destruction of coral reefs on the island of Kayoa. The type of research used in this research is using empirical research methods. This method is used to identify the law, and research on the effectiveness of the law. Legal research is focused on testing the community's compliance with a legal norm with the aim of measuring the effectiveness or not of an applicable legal arrangement or material. The results of this study indicate that the factors that influence people to commit criminal acts of coral reef destruction are due to geographical, social and economic factors so that people carry out mining of coral reefs that are already in violation of applicable law. Law enforcement against people who commit criminal acts of coral reef destruction is ineffective due to the lack of socialization from the local government to the people of the island of Kayoa, the village, so that people carry out coral reef mining.

scholarly journals Memahami Perilaku Kekerasan Penyidik Polri terhadap Tersangka pada Tahapan Pra-Adjudikasi (Studi Kajian Ilmu Hukum Normatif Dengan Pendekatan Psikologi Hukum Dalam Sistem Peradilan Pidana)

2016 ◽  
Vol 3 (2) ◽  
pp. 201-212
Author(s):  
Ramlani Lina Sinaulan
Keyword(s):  
Law Enforcement ◽  
Social Aspects ◽  
Legal Studies ◽  
Legal Psychology ◽  
The Social ◽  
The Law ◽  
Sense Of Justice

On the development of law (rechtsbeoefening) both practical and theoretical, a scientist Law (academics and legal practitioners) often ignore the studies of the social aspects. In this case, a scientist Law (academics and legal practitioners) are trapped and confined on the nature of Legal Studies as a normative science. Thus, the development often collide in the level of practice of law in relation to the fulfillment of public sense of justice. In fact, the law enforcement authorities, especially police investigators, based on the pattern of education, obviously prefers cultural improvement of law and override the Legal Psychology. So, almost certainly, a police investigator in carrying out its duties and functions will never escape, in fact, are still stuck with the principle inquisatoir in examinations investigation.

Sign in / Sign up

Export Citation Format

Share Document