PENTINGNYA RESTORATIVE JUSTICE DALAM KONSEP IUS CONSTITUENDUM

The State of Indonesia is a state of law, the affirmation of this can be seen in Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. The settlement of cases through the judicial system which results in a court verdict is law enforcement towards the slow path. This is because law enforcement through a long-distance, through various levels starting from the Police, Attorney General's Office, District Court, High Court and even to the Supreme Court which ultimately has an impact on the accumulation of cases which are not small in number in the Court and not to mention other effects. For this reason, it is necessary to proceed with the steps to compile invitations concerning the rights and obligations of citizens in the context of implementing the Pancasila and the 1945 Constitution. Renewal of the Criminal Code by its authors is positioned as the foundation for building a national criminal law system. Related to the Political Law of Criminal Law Renewal in the upcoming National Criminal Law there is a concept known as the Restorative Justice concept. Restorative Justice involves restoring relations between the victim and the perpetrator. The restoration of this relationship can be based on mutual agreement between the victim and the perpetrator. The victim can convey about the loss he suffered and the perpetrator was given the opportunity to make it up, through compensation mechanisms, peace, social work, and other agreements. Keywords: Restorative Justice; Legal Reform; RKUHP

ZAKAT PRODUKTIF SEBAGAI MODAL USAHA MASYARAKAT (STUDI BADAN AMIL ZAKAT KOTA BENGKULU)

The purpose of this research is clarity which can make it easy for Mustahiq (beneficiaries) to find business capital by borrowing capital at BAZNAS (The National Zakat Board) of Bengkulu City and the results of this study can be used as material for further study to produce legislation regarding the rights of Mustahiq in existing regulations. It is field research using qualitative descriptive methods. Descriptive research is to analyze the data that the author has obtained, the author uses a comparative analysis method, namely research that aims to systematically, factually, and accurately compare facts, situations or events in the field. From the results of research on the effectiveness of zakat funds received by the community, a total of eight asnaf (a Muslim person who is entitled to receive zakat and fitrah) received professional zakat assistance, those who are, fakir (a Muslim person who (a) has no property or income; or (b) has property or income but does not reach fifty per cent of the kifayah limit of himself and his dependants), poor, fisabilillah (the struggle, efforts and activities for the purpose of upholding and propagating the religion of Islam), mu'allaf (a call for individuals who are non-Muslims or non-Muslims who have the hope of converting to Islam or those who are new to Islam whose faith still needs to be supported and reinforced), and musafir (traveler), as well as productive zakat for small traders in advancing their business. The distribution of productive zakat given by BAZNAS of Bengkulu City through the "Program" to mustahik in the Bengkulu City area can improve two factors of Mustahik's welfare. Keywords: productive zakat; mustahik.

ANALISIS KEPEMIMPINAN NON MUSLIM MENURUT FIQIH DAN HUKUM TATA NEGARA DI INDONESIA

The leader is the most important figure in a sphere of community life, both small and broad, the progress of a sphere of society depends on how the leader in bringing the country, whether it is more advanced, prosperous or vice versa. Therefore, it is the responsibility of all of us as a citizen to be selective in choosing a leader. Islam as a religion of revelation for Muslims and make it as a guide in carrying out their lives, including in political matters, namely becoming a leader. The leader has an important position in Islam. In the Islamic view of non-Muslim leaders, there are differences of opinion of the scholars about the legitimate or non-Islamic leaders in the Islamic perspective. The difference in opinion is due to the perception in understanding the verses about saints or awliya 'mentioned in the Qur'an Moreover, the current reality of the state of Indonesia is not an Islamic state, but a democratic state, which has a majority of its citizens, who are Muslim. In Indonesia, to become a leader in positive law and in the Constitution, there is no explanation which explains that the requirements to be a leader in Indonesia must be religious and prohibit non-Muslim religion. the opening of the 1945 Constitution only explained that in Indonesia there was no difference between ethnicity, religion, language, culture, etc. Therefore, it is necessary to conduct a deeper study in understanding it so that there is no misunderstanding among the people.Keywords: Leaders; Indonesia; Islam; Non-Muslims; Constitution

Book Review: Islamic International Law: Historical Foundations and Al-Shaybani’s Siyar.

Buku yang merupakan pengembangan dari Thesis Doktoral di Universitas Aberdeen (United Kingdom) ini menyoroti karya seorang ulama fiqih besar bermazhab Hanafi yaitu Muhammad bin Hasan al-Shaybani yaitu Kitab Siyar al-Kabir. Dalam khazanah fiqih Islam, karya Imam al-Shaybani adalah karya yang sangat monumental dalam fiqih siyar yang mengatur tentang hukum interaksi negara Islam dengan bangsa lain. Fiqih siyar ini sering juga disebut hukum internasional Islam (Islamic international law).Kitab Siyar al-Kabir adalah karya yang sangat penting dalam khazanah Islam karena kemudian diadopsi oleh kekuatan-kekuatan besar Islam yaitu Kekhalifahan Abbasiyah dan juga Turki Utsmani. Mereka ini merupakan tonggak utama kekuatan Islam di hadapan dunia, dan kitab inilah yang memandu bagaimana kedua negara Islam ini berinteraksi dengan negara lain. Perlu diingat bahwa di bawah panji-panji merekalah umat Islam menjadi kekuatan besar yang disegani dunia bahkan melawan bangsa Eropa.

PERBANDINGAN HUBUNGAN SIPIL-MILITER DI INDONESIA PADA MASA ABDURRAHMAN WAHID DENGAN ERDOGAN DI TURKI

This paper aims to compare civil-military relations in Indonesia during Abdurrahman Wahid's (1999-2001) period with Turkey during Erdogan's (2003-2011) by looking at civilian control over the military. The study looks at the differences and similarities between the two countries and the causes of Erdogan's success and Abdurrahman Wahid's failure to control the military. In this research, the author used a qualitative approach. The results showed that there were similarities and differences in civil-military relations between Gus Dur and Erdogan, as seen from civil control over the military. The similarities could bee seen at the beginning of their reign. Abdurrahman and Erdogan had strong civilian control over the military so that they could reduce the military's role in politics with various policies issued. This strong control is also supported by political conditions, political elites, and society. However, there were differences in civil-military relations at the end of the Gus Dur and Erdogan governments. Civilian control over the military weakened at the end of the Gus Dur’s reign which caused him to fall from his position as the President of the Republic of Indonesia, whereas Erdogan’s civilian control over the military was getting stronger. The failure factor for Abdurrahman to strengthen civilian control over the military was a radical change. In contrast to Erdogan who made changes gradually with the support of politics and society.Keywords: Turkey; Indonesia; Abdurrahman Wahid; Erdogan; Civil-Military Relations

MANAJEMEN MULTIKULTURAL DALAM BERPOLITIK

The purpose of this paper is to describe multicultural management in politics. The method used is descriptive qualitative approach. The component that becomes the benchmark is impact analysis, due to politics in the lives of multicultural communities in Indonesia, as a basis for providing opinions or conclusions about a process and system of political activities in cultural diversity in multicultural societies in order to maintain the integrity of the Unitary Republic of Indonesia (NKRI), Pancasila, The 1945 Constitution and Unity in Diversity. This article discusses multicultural management programs in politics. The results show that multicultural management as a management of outlook on life can realize political awareness. With multiculturalism, it can give birth to views and a healthy political system, so as to create a sense of security, comfort and peace in the life of the nation and state, so the author can suggest if you want the political conditions to take place safely, peacefully and harmoniously, then enhance multicultural management in society. Keywords: Multicultural; Management; Politics

KEBIJAKAN ALI IBN ABI THALIB DALAM IJTIHAD

Historically, one of the reasons for Islam’s growth and development in various parts of the world is the nature of Islam that is never static in a law. In the context of these changes, the elasticity and flexibility of Islamic law in responding to the problems of human life are increasingly demanded and expected to be able to accommodate them. One way is to do ijtihad to determine the law of every new problem that arises. Evidenced since the time of the Prophet s.a.w., the practice of ijtihad is always done by friends when they cannot ask directly to the Prophet s.a.w. One of the best-known friends did ijtihad after Rasulullah s.a.w. died is Ali ibn Abi Talib. Starting from this description, the writer wants to see Ali ibn Abi Talib’s policy of ijtihad. This paper uses qualitative research methods that are library research. The data in this paper is sourced from books, journals, articles discussing Ali ibn Abi Talib, and ijtihad. After the data is collected, it is then analyzed and analyzed with data analysis techniques, namely data reduction, data presentation, and conclusion drawing. The analysis shows that in the Ali ibn Abi Talib’s ijtihad has its patterns and methods in istinbath or establishing Islamic law (fiqh). His determination to hold on to the verses of the Al-Quran as a whole and his carefulness to judge a Sunah, as well as his flexibility in using the ra’yu (reason) was a distinctive feature for Ali ibn Abi Talib in dealing with the legal polemic that occurred in the society at that time.Keywords: Ali ibn Abi Thalib; Ijtihad; Policy

ANALISIS PERATURAN KEPALA BADAN PERTANAHAN NASIONAL RI NO 4 TAHUN 2010 TENTANG TATA CARA PENERTIBAN TANAH TERLANTAR (STUDI KASUS EKS. PABRIK ES DAN GUDANG KOPI DI KELURAHAN BAJAK)

Neglected land is land that has received rights from the state in the form of property rights, land use rights, building rights, usage rights and administrative rights or the basis for the control of land that is not cultivated, not used or not used according to the circumstances or nature and nature the purpose of granting rights or the basis of their control. Problem formulation What is the role of the Bengkulu City Bureau in controlling abandoned land in the former ice cream factory and coffee store in Bajak Village? Empirical legal research is a legal research method that uses empirical facts derived from human behavior, both verbal behavior from interviews and real behavior that is performed through direct observation. Primary data is data that comes directly from the field and is based on respondents and informants. Secondary data This data comes from literature books, laws and regulations, surfing the Internet and other documents. Determination of the abandoned country in accordance with Article 19 paragraph 1, the percentage of the abandoned land area is divided into the following groups: (a) 100 percent distributed, (b) more than 25 percent to less than 100 percent displaced,, and (d) distributed less than or equal to 25 percent. Sanctions pursuant to Article 23 paragraph 1 must be cleared of land that has been designated as abandoned land within a period of 1 (one) month after the decision on the determination of the abandoned land has been made by the former rights holder of the items located thereon. (2) If the former right holder does not fulfill the obligations mentioned in paragraph 1, the objects on it no longer belong to him and are controlled directly by the state.Keywords: Neglected land; Rights holders; penalty

PERANAN PEMERINTAH DAERAH DALAM UPAYA PENANGGULANGAN EKSPLOITASI TERHADAP ANAK DI KOTA BENGKULU BERDASARKAN UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK

The problem of child exploitation is considered widespread in the community because there are many children employed as road workers. There are no age restrictions for families whose economy is insufficient to employ their children to support the economy. Bengkulu City is one of the areas where there are child problems that are quite worrying. The number of street children in Bengkulu City on highways such as Simpang Lima, Simpang Jam, and other locations shows that there are problems in the lives of children in Bengkulu City, efforts by the local government to overcome the crime of child exploitation in the city of Bengkulu. The government is responsible for providing free education and/or support or special services to children from disadvantaged families, neglected children, and children in remote areas.Keywords: local government; child exploitation

KEDUDUKAN GUBERNUR SEBAGAI WAKIL PEMERINTAH PUSAT DI DAERAH DALAM SISTEM KETATANEGARAAN INDONESIA

Aside from being located as an autonomous region, it is also located as an administrative area; therefore, in addition to regulating the autonomous region, the Governor as the regional head also acts as the central representative in the regions. However, as the head of the region, the Governor is also responsible for regulating his autonomous region and also responsible to the people who elect him. The research objective is to discuss the constitutionality of the Governor's position as the representative of the central government in the region based on the 1945 Constitution of the Republic of Indonesia. The type of research used in this Studi is normative. The results showed that the Governor in carrying out his government in accordance with the mandate of the constitution performed its duties as regional head based on autonomy and assistance tasks. Based on the conclusions that can be drawn about whether the task is interpreted and the authority of the Governor is based on the principle of Deconcentration, the Position of the Governor is the Central Representative in the region and is an expansion of government in the administration of government.Keywords : Governor; Autonomy; Government