Mengukur Konstitusionalitas Peninjauan Kembali (PK) Kedua dalam Perkara Perdata

The study aims to provide a constitutional analysis of judicial review (PK) in civil cases for more than once. The research-based is the decision of the Constitutional Court No. 108 / PUU-XIV / 2016 and No. 34 / PUU-XI / 2013 in which the two judgments provide a different classification between criminal and civil cases. The method used in this research is a normative juridical with a conceptual, legislation, and case approach. The results of the study assert that: first, the opportunity for judicial review (PK) more than once in a criminal case is an effort to uphold justice substantively by the Constitutional Court. Whereas the restriction of judicial review (PK) only once in civil cases is intended to guarantee legal certainty. Secondly, there is rational inconsistency in the arguments of the Constitutional Court which is indicated in Decision No. 108 / PUU-XIV / 2016 and No. 34 / PUU-XI / 2013. Both criminal and civil cases must seek to establish and maintain substantial justice, especially since there is a due process of law principle that requires that everyone can get the same opportunity before the law.

Impelementasi Perda Pemberantasan Pelacuran di Kabupaten Lamongan

Prostitution evolves along with the progress of civilization, although the fact that prostitution has certainly harmed people's lives. In legal terms, the problem of prostitution in Indonesia has not been fully regulated in the Criminal Code. To fill this legal vacuum, the local government of Lamongan regency issued regulation number 10 of 2004 which essentially regulates the prohibition of prostitution, adultery, or indecent acts. The article is the result of field research in Lamongan District on the Implementation of Perda No. 10 of 2004 concerning the Eradication of Prostitution in Lamongan District. At the end of this article, the conclusion is that the implementation of regulation No. 10 of 2004 concerning the prohibition of prostitution turned out to be less effective. Also, the media of resolving prostitution conflict can be completed through the court whereas the sanctions can be given in the form of a one-month prison sentence. Besides, the enforcement can also be done directly by Satpol PP (PPNS investigators) who work together with social services by assisting prostitutes affected by arrests.

Tinjauan Hukum Islam tentang Perlindungan Saksi dalam Undang-undang Perlindungan Saksi dan Korban Tahun 2006

This article aims to find out: (1) how is witness protection in Law of the Republic of Indonesia Number 13 of 2006 and witness protection in Islamic law? The results of the study concluded that; firstly, the protection of a witness in the Law of the Republic of Indonesia Number 13 of 2006 (Article 5) explains that a witness has the right to obtain protection for his personal, family, and property security, and is free from threats relating to testimony which will, is, or has given. The meaning of protection here is the efforts to fulfill the rights and provide assistance in the sense of security to witnesses that must be carried out by LPSK (Witness and Victim Protection Agency) or other institutions per the provisions of this law. Secondly, even though the mechanism for protecting a witness is not regulated in detail, but Islam highly appreciates a witness who is willing to give testimony in the disclosure of a case, namely by forbidding killing the witness.

Relevansi dan Implementasi Pemikiran Nurcholish Madjid terhadap Politik Indonesia

This paper is based on a literature study that aims to examine the relevance and implementation of Islamic politics in the political arena of Indonesia, the majority of which are Muslims. The results of the study concluded that in the era of 70s emerged ??Nurcholish Madjid's idea that "Islam YES, Islamic party NO" and it had established a new awareness for Muslims on the desired goal which is not idealism about the establishment of an Islamic State, but a just and prosperous society. Islam is no longer seen as a symbolic structure, but rather the spirit of values ??that are brought and developed in the life of the state. Efforts to articulate Islamic politics in Indonesia are important issues that need to be addressed to provide a possible synthesis between Islam and the State, therefore the study of Islamic political thought that is unique to Indonesia is not only attractive but urgent to do. In line with the conclusions above, it is expected that this paper can trigger students, especially those who choose the Department of Siyasah Jinayah so that Islamic political thought not only be a mere discourse but should be more focused on the aspect of its implementation to move towards a more advanced Indonesia.

Sejarah Hukum Lingkungan di Indonesia

In conjunction with the development of contemporary Islamic law in Muslim countries, the question that frequently arises is about the formalization of Islamic law (taqnin). In Indonesia, the aspirations of Islamic Law's codification, particularly concerning its implementation crystallized into three forms; (1) formal (2) substantive, and (3) essential. One of the experts of Islamic law in Indonesia who concerned about the development of Islamic law was Sjechul Hadi Permono. This paper aims to explain the significance of Sjechul Hadi Permono's Legal Thought about Zakat. According to Sjechul Hadi Permono, the discourse on the people's welfare that is the burden of the state will always become a hot topic. Unfortunately, this problem has nerver been investigated based on the Islamic conception of welfare and the idea of Islam as an instrument of refom in society. This is a formula Sjechul Hadi tries to offer that zakat if properly managed will offer a solution to the welfare problem.

RELEVANSI PEMIKIRAN HUKUM PROF. DR. SJECHUL HADI PERMONO,SH.MA. TENTANG ZAKAT

-

Konsep Rukhs}ah bagi Tenaga Medis dengan Alat Pelindung Diri saat Menangani Pasien COVID-19

Many scholars have discussed the principle of freedom on Islamic law, Particularly the topic related to qawa'id fiqhiyyah and one of which is the principle of al-mashaqqah tajlibu al-taysir (Difficulty calls for facilitation). This research is a qualitative study in which the method used is a descriptive and qualitative one to analyze or describe facts or problems that arise in the medical team with personal protective equipment (APD) relating to MUI fatwa number 17 of 2020 through direct or indirect approach and its relevance to the concept of rukhsah in the rules of al-mashaqqah tajlib al-taysir (Difficulty calls for facilitation). This article concludes that a rukhsah relating to the principle of al-mashaqqah tajlib al-taysir which give rise to the difficulty relating to the massive spread of Covid-19 is not because of negligence but the use of APD while it is not possible to perform wudu' or use dust (tayammum), so the medical team falls under the category of faqid al-tahurain. Thus, the medical personnel who wears APD are permissible to perform prayer without performing wudhu' or tayammum.

Kerusuhan Massa oleh Supporter Persebaya

Football supporters are the twelfth players who are arguably the most fanatical and enthusiastic in defending the club they love. Unfortunately, when they support their team, sometimes they commit mass riots by committing criminal acts as the destruction of property, ill-treatment, and humiliation. This paper aims to find out (1) how the mass riots transpired by PERSEBAYA Supporters and (2) how the juridical perspective and Islamic criminal law against the mass riots. At the end of the paper, two things were concluded. Firstly, that the mass riots committed by PERSEBAYA's Supporters in Surabaya were triggered by excessive fanaticism. Secondly, according to Islamic criminal law, it is included in the category of criminal acts of injury, torture, and vandalism, whether intentionally or intentionally. The reason for legal responsibility is because the Persebaya Supporter riots producing harm unto others and this must be legally processed either Islamic law or Positive law.

Peran Lembaga Kepolisian dalam Perspektif Fiqh Siyasah

Looking at the crime statistic, it shows the continuous increase of crime either in number and quality. Even more varied and creative. Therefore, in order to produce internal security and to maintain the wellbeing of the people, a special institution is needed to handle it, namely the Police Agency. By using normative legal research and combining it with an analytical approach in order to analyze the data descriptively and inductively, this study tries to determine the role of the Police agency based on Fiqh Siyasah. It is concluded that: firstly, in Indonesian, there is a Police Agency that is a state instrument that plays a role in maintaining public order and security, enforcing the law, providing protection and services to the public. Secondly, in Islamic Law, there is the Muhtasib Institution, which has a supervisory and controlling body. Thirdly, that the Police in Islamic and Indonesian Law has almost the same duties that are as law enforcement to maintain security and public order. However, because of the law in Islam covers both mu'amalah and 'ubudiyyah aspects, so the scope of police responsibility in Islam is broader.

Posisi Ulama dalam Pemilihan Gubenur Jawa Timur Perspektif Fiqh Siyasah

This paper aims to find out the Ulama's standpoint in the practice of Election of Governors from fiqh siyasah perspective. The results of the study concluded that the election of governor in East Java conducted through direct election by the people. The influence of Ulama in the election of governors and deputy governors of East Java to the people drawn the interest of politicians. It is because the Ulama have the legality, influence, and social capital that are the parameters that can influence the tide of votes in the election of the Governor of East Java that is still heavily associated with Pesantren culture. In Islam, there is no prohibition for Ulama to take part in political life as the Prophet besides being the bearer of the treatise of Allah also become as umara'. At the time of khulafaur Rasidin almost every line of sUlama held the government position. The most important thing is to be able to control the umara/government in carrying out its duties as the people's representative. This kind of indicator will elevate the image of the Ulama as a servant of God among other creatures.