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2021 ◽  
Vol 11 (2) ◽  
pp. 180-190
Author(s):  
Pofrizal Pofrizal ◽  
Akhmad Muslih ◽  
Ardilafiza Ardilafiza

The purpose of this research is to investigate, understand, describe, analyze and get a picture of the legal position of MUI fatwas in the statutory regulation system in Indonesia based on Law No. 12 of 2011 on Making Rules and Hierarchy of Rules.  The method used in this research is normative. The results show that MUI fatwas are not included in positive law and don't have permanent legal power based on Law No. 15 of 2019 on the Amendment to Law Number 12 of 2011 on Making Rules and Hierarchy of Rules, so it cannot be legally applied to all Indonesian people. Also, fatwas of MUI cannot be a legal instrument to enforce legal act or to become the basis for imposing criminal sanctions for those who violate the law. It can only become positive law if the substance is stipulated by the authorized state institutions into laws and regulations as it is outlined in Law No. 15 of 2019 on the Amendment to Law No.12 of 2011 on Making Rules and Hierarchy of Rules.


PERSPEKTIF ◽  
2021 ◽  
Vol 11 (1) ◽  
pp. 298-317
Author(s):  
Gary Timothy Hasian Purba ◽  
Subhilhar Subhilhar ◽  
Hatta Ridho

The purpose of this study was to analyze a single candidate pair in the regional head election of Pematang Siantar City in 2020. The purpose of this study was to explain why there was a single candidate pair in Pematang Siantar City. The legality of the Constitutional Court Decision number 100/PUU-XII/2015 is a legal force to uphold the meaning of democracy in political contestation, in this case regional head elections. Besides that, the essence of democracy which promises freedom to be elected and to vote is an additional power to bring up a single candidate pair. The failure to regenerate political parties is another trigger for the emergence of a single candidate pair in the post-conflict local election. Not only in Pematang Siantar City but also throughout Indonesia. The method used in this research is descriptive qualitative with interview instruments involving political party administrators and political observers in Pematang Siantar City in addition to references to single candidate pairs. The weak cadre of political parties with the presence of wholesale parties makes incumbents not get support in Pematang Siantar City. The legal power of the Constitutional Court's decision and the meaning of democracy to be elected and voted made the single candidate pair in Pematang Siantar City win the post-conflict local election against an empty box.


2021 ◽  
Vol 29 (4) ◽  
pp. 2171-2188
Author(s):  
Mohd Kamel Mat Salleh ◽  
Adibah Bahori ◽  
Mohamad Azhan Yahya

Fatwas in Malaysia seems to be existing without legal power and value since they are not mentioned literally in the Federal Constitution. Accordingly, there has been a perception of fatwa institutions issuing fatwas without legal authority to bind Muslims to certain legal decisions and views. Hence, this study is to clarify that fatwas are valid and recognized as part of the legal reference in Malaysia. More importantly, this paper refutes the claim that fatwa is unconstitutional in terms of its legal position. Additionally, this study intends to clarify that the philosophy of federalism practiced in Malaysia is solid evidence that fatwas are indeed an authoritative source of law in Malaysia. This study is conducted qualitatively using document analysis instruments with reference to the Federal Constitution and legal provisions practiced in Malaysia. Investigation of this study found that fatwa and its institutions in the country are valid according to Malaysian law. However, they are not mentioned literally in the Constitution, particularly fatwa authority that involves state jurisdiction in Islamic affairs. Moreover, this paper is highly significant to highlight the validity of fatwa from the Constitution perspective and further support the authority and credibility of its institutions according to Malaysian law.


2021 ◽  
pp. 256-283
Author(s):  
G.B. Shamilli ◽  

The issue of music and Islamic law is considered in the aspect of the methodology due to the proper Arabic language picture of the world and mechanisms of theoretical thinking classical Arab-Muslim culture. The author clarifies that the procedure of inference in Islamic law did not concern music or musicians, but the actions of a person playing/listening music. On the grounds that legal power was epistemic, concentrated in the hands of private lawyers, there was no single center in Arab-Muslim culture from which the legislative decision regarding musicking/listening would extend to the entire Islamic world. The situation is different in the Russian Empire and the post-Soviet states, where, despite the external similarity with classical Islam, the attitude of a lawyer and a person who plays/listens music, for reasons of a cultural and historical nature, is built according to a hierarchical system of values and requires separate study without mechanically equating one historical phenomenon with another. It is shown that the contrarian dichotomy ‘permitted — forbidden — neutral’ appeared in modern science as a result of the universalist approach, did not take place in the legal field of the Arab-Muslim culture, which developed its own system of evaluating actions. The lawyer made a judgment, or ‘branch’, based on the basis-‘root’, which served as the textually fixed Koran and Sunnah, as well as the procedures of unanimous judgment and co-measurement, while the judgments themselves on the same fact could be contrastingly opposite, depending on the characteristics of the legal schools.


2021 ◽  
Vol 9 (1) ◽  
pp. 1
Author(s):  
Annisa Noor El Izzah ◽  
Wasis Sugandha

<p class="Default" align="center"><strong>ABSTRAK</strong></p><p>Penelitian ini bertujuan untuk membahas mengenai Tanda Tangan Elektronik dalam penyelenggaraan E-Government guna Mewujudkan pelayanan publik yang efisien untuk mengetahui bagaimanakah sistem dan problematika penggunaan tanda tangan elektronik pejabat publik dalam penyelenggaraan e-government. Metode yang digunakan dalam penelitian ini adalah metode penelitian normatif dengan sifat preskriptif. Pendekatan dalam penelitian ini yaitu pendekatan perundang-undangan dan konseptual. Bahan hukum yang digunakan dalam penelitian ini yaitu bahan hukum primer terdiri dari perundang-undangan dan bahan hukum sekunder yang diperoleh melalui bahan kepustakaan. Teknik analisis data menggunakan logika deduktif. Hasil dari penelitian ini menunjukkan bahwa Penerapan teknologi informasi e-government dalam hal ini penggunaan tanda tangan elektronik akan membawa pemerintahan menjadi lebih efisien dan efektif dalam hal pelayanan publik serta proses administrasi dan komunikasi internal. Terdapat dua permasalahan hukum pokok dalam penggunaan tanda tangan elektronik oleh pejabat publik yakni mengenai kekuatan hukum tanda tangan elektronik dan keamanan tanda tangan elektronik itu sendiri dari pemalsuan.</p><p>Kata Kunci : Tanda Tangan Elektronik, E-government, Pelayanan Publik, Efisien.<strong></strong></p><p class="Default" align="center"><strong>ABSTRACT</strong></p><p>This study aims to discuss Electronic Signatures in the implementation of E-Government in order to realize efficient public services to find out how the system and the problems of using electronic signatures of public officials in the implementation of e-government. The method used in this research is a normative research method with a prescriptive nature. The approach in this research is the statutory and conceptual approach. The legal materials used in this study are primary legal materials consisting of legislation and secondary legal materials obtained through library materials. The data analysis technique uses deductive logic. The results of this study indicate that the application of e-government information technology in this case the use of electronic signatures will bring the government to be more efficient and effective in terms of public services as well as administrative processes and internal communications. There are two main legal problems in the use of electronic signatures by public officials, namely regarding the legal power of electronic signatures and the security of the electronic signature itself from forgery.</p><p><em>Keywords</em><em> </em><em>:</em><strong><em> </em></strong>Electronic Signature, E-government, Public Service, Efficient<em></em></p>


2021 ◽  
pp. 185-224
Author(s):  
Lisa Webley ◽  
Harriet Samuels

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Parliamentary supremacy means that the Westminster Parliament is legally entitled to pass, amend, or repeal any law it wishes. Consequently, if the House of Commons and the House of Lords pass the legislation and the monarch gives her royal assent, then no court or other body has the legal power to declare the legislation invalid. This explains why the term ‘parliamentary supremacy’ has been coined: (the Queen in) Parliament holds the supreme law-making power in the UK. This chapter sketches the history leading to parliamentary supremacy. It discusses the theories behind the doctrine of parliamentary supremacy; restrictions on the power of Parliament; how parliamentary supremacy compares with constitutional supremacy; and how parliamentary supremacy fits with the separation of powers and the rule of law.


2021 ◽  
pp. 49-74
Author(s):  
Lisa Webley ◽  
Harriet Samuels

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter outlines the characteristics of the UK constitution, which is not a traditional written constitution and, thus, is defined as an ‘unwritten’ constitution. It is not hierarchically superior to all other law in the country, which means that Acts of Parliament cannot be compared with it by judges and be declared as unconstitutional and invalid. Neither can the UK constitution be enforced against the legislature as a result, nor is it entrenched and protected, because it can always be changed by Act of Parliament. However, it can be legally enforced by the mechanism of judicial review against the executive, meaning that the executive may legally act only within its legal power. The chapter also considers the sources that make up the UK constitution and proposed constitutional reforms.


2021 ◽  
pp. 601-652
Author(s):  
Lisa Webley ◽  
Harriet Samuels

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. A public authority must have the legal power to act; if that power is conferred by statute, it may also specify the procedure that must be used prior to an action or a decision being taken. This is what is known as a ‘statutory procedure’ because it is specified in a statute. The statute may, for example, require the authority to give notice of its intention to take action in a certain way, to consult interested groups, or to tell individuals that they have the right to appeal from an adverse decision. If the authority does not comply, then this is a breach of the statutory procedure and may be reviewed as a procedural impropriety. This chapter discusses the judicial review of procedural impropriety. It covers the rules of natural justice; the right to be heard; legitimate expectation; the detailed requirements of natural justice; the rule against bias; and Article 6 of the European Convention on Human Rights.


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