Politica: Jurnal Hukum Tata Negara dan Politik Islam
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Published By IAIN Langsa

2615-5745, 2477-2844

2021 ◽  
Vol 8 (2) ◽  
pp. 17-24
Author(s):  
Nanda Herijal Putra

This study examines about public administration in an Islamic perspective, studies on the system of government of Umar Bin Khattab. The administrative system was not implemented before Nabi Muhammad SAW moved to Medina, after Nabi Muhammad SAW moved from Mecca to Medina, reading and writing activities began to be carried out among the Muslims and to build a government based on Islamic law. The development of the administration was increasingly rapid during the Caliphate of Umar bin Khattab. This research is a type of library research with a research approach using qualitative research methods. Literature research is research that uses data collection techniques by reviewing books, literature, notes and various reports related to the problem to be studied. Public administration as a discipline that is dynamic in accordance with the times. In line with the times, public administration has changed for the better in accordance with the demands of an increasingly complex era. In the western perspective, public administration has experienced developments starting from the old public administration paradigm, new public management, to the new public service. In an Islamic perspective, administration is known as al-idara. Administration in Islam refers to the Qur'an and its interpretations as well as hadiths and syarahs. The sources of interpretation provide an explanation of the signs of the Qur'an whose position exceeds the general rules relating to the order of people's lives. In the context of public services, excellent service is a must and obligation for both the government and the state civil apparatus. Public services are carried out based on Islamic teachings, namely the services provided must be good, honest, quality and trustworthy.



2021 ◽  
Vol 8 (2) ◽  
pp. 1-16
Author(s):  
T. Surya Reza

Article 41 paragraph (2) of Law No. 2 of 2012 on Land Procurement for Development in the Public Interest states that, when granting Compensation of Parties Entitled to receive Mandatory Compensation, a. exercising the release of rights; and b. submit evidence of ownership or ownership of Land Procurement Objects to Agencies that require land through land institutions. In the court's ruling stated that the boundaries of the land should be mentioned and how much extent was waived and the rest how much, and the procedure of disengagement of the right there was preparation, planning, implementation and release, and the release of the land rights was always followed by compensation, because this is an unlawful act. The results of this study show that, the release of land rights by the government in the land registration process in the court's ruling states that if 6 (six) landowners relinquish the right, it must be 6 (six) people who relinquish their rights if only 2 (two) are invalid, then a new land is said to be state land after the release of his rights. Any release of land rights must have a reason there can't be no reason land is being released to the state. The procedure for the release of that right is there is preparation, planning, implementation and release, and the release of the land rights is always followed by compensation.



2021 ◽  
Vol 8 (2) ◽  
pp. 57-67
Author(s):  
Orien Effendi

Euphoria of the Legislative Election, Presidential Election and Regional Head Election Simultaneously in Indonesia. Since the collapse of the New Order government in 1998, the enthusiasm of the Indonesian people in welcoming the atmosphere of the birth of the first democratic system by holding direct elections has been great. Through direct elections at that time began the election of the president and vice president elected by the people for the first time. The direct election by the people also applies to elections at the regional level which include the election of regional heads. Meanwhile, in the course of history, legislative elections have been held long before starting in 1955, so that it is recorded that legislative elections have been held 12 (twelve) times since they were held for the first time until their implementation in 2019. Along the way, the legislative, presidential and post-conflict local elections showed high enthusiasm in facing various challenges in each election period. So that the Indonesian people continue to learn from history and improve all deficiencies which then produce maturity in democracy. By reviewing the literature, this paper tries to review events related to the spirit or euphoria of the election.



2021 ◽  
Vol 8 (2) ◽  
pp. 25-41
Author(s):  
Ryzka Dwi Kurnia

Fazlur Rahman is a thinker of Islamic neo-modernism who wants to actualize the teachings of Islam in a unified and solid framework, where one aspect and the other are interrelated. Through this approach, he wants the Qur'an to be understood in an integral and total way, so that things that are considered contradictory no longer exist. This effort is his obsession so that humans can capture the messages of the Qur'an holistically. Departing from his concern for the global problems facing Muslims, he offers a solution that is grounded in the differences between normative Islam and historical Islam. From this distinction, Fazlur Rahman conducted a comprehensive reconstruction of Islamic scholarship. The reconstruction he did refers to the original and definite Islam. For this reason, he suggested that the Qur'an as the main source of Islam needs to be interpreted as a whole and not to interpret it fragmentarism (paragraph verses), namely an interpretation that is able to understand the Qur'an as a whole, so that the theological, legal, political aspects and ethics in the teachings of the Qur'an into a unified whole. Fazlur Rahman argues that the purpose of the Qur'an is to establish an ethical and egalitarian society. So, Islamic society is formed because of Islamic ideology. The ideal condition of the Islamic social order is "which calls for good and prevents evil". This is in order to realize the implementation of politics based on Islamic ideology which cannot be separated from the Qur'an and Sunnah.



2021 ◽  
Vol 8 (2) ◽  
pp. 42-56
Author(s):  
Gugun El Guyanie , Okky Alifka Nurmagulita

This article examines the drafting of the Omnibus Law on the Job Creation Bill, the original purpose of which was to facilitate investment or accelerate the economy. Starting from the disharmony of several overlapping regulations, out of sync between one law and another in the investment sector, a universal sweeping law that contains thousands of articles is needed. This study uses the theory of the formation of laws and regulations and the perspective of legal politics, with juridical analysis, to explain how a process of drafting a law, the principles of formation, and the political dynamics that gave birth to it. This paper emphasizes that the process and politics of the Omnibus Law legislation on the Job Creation Bill has minimal public participation and is not transparent. So the legal product of the Job Creation Law is formally flawed, and materially contains articles that are capitalist in content, opening up investment for investors but on the other hand harming the people. In this study, it was also found that the Omnibus Law of the Job Creation Act was born with more character instrumentalist-oligarchic, where the government transplants the Omnibus Law solely as a short-term pragmatic option to spread the 'red carpet' for investors. In other words, the Omnibus Law fails to create an instrumentalist-democratic character, which is oriented towards fulfilling and strengthening the values ​​of the rule of law which is long-term oriented while at the same time creating a sustainable participatory-democratic climate.



2021 ◽  
Vol 8 (1) ◽  
pp. 23-42
Author(s):  
Toni Kurniawan Anna Zakiah Derajat

This paper aims to explain the implementation of Article 5 of Law Number 9 of 1998 concerning Freedom to Express Opinions after the demonstration on October 8, 2020 in Yogyakarta, thus giving birth to Sri Sultan Hamengku Buwono X's appeal regarding demonstrations in the perspective of mas}lah}ah. This type of research is literature research by conducting various studies that are considered credible with the primary source studied. This research results in a conclusion that freedom to express opinions in public is part of the basis of democracy, which has a role in eradicating corruption, gaps in government, and a last resort in conveying an aspiration. In implementing Article 5 of Law Number 9 of 1998 at the demonstration that took place on October 8, 2020 in Yogyakarta, restrictions are still needed so as not to conflict with Islamic law and laws. The demonstration in Yogyakarta led to anarchism, which led to a response from Sultan HB X. The appeal issued by Sultan HB X can be justified because it considers many things, one of which is security, safeguarding public facilities, and order. This appeal also does not mean to limit, eliminate people's rights, and prohibit them from expressing their aspirations.



2021 ◽  
Vol 8 (1) ◽  
pp. 43-63
Author(s):  
Jun Mawalidin

The author in the observation of research studies on the constitusional court in Indonesia runs on the basis of government regulations and the 1945 constitution. The constitutional court, which was established since 2003, has proven its usefulnes and role in safeguarding the constitution and state ideology. All efforts and Ijtihad carried out by MK are solely for the sake of upholding social justice for all Indonesian people. The birth of the Indonesian constitution began during the independence period complied by the preparatory body for Indonesia’s independence efforts (BPUPKI). The existence of the Constitutional Court in revising a law or other government regulation is a force for society to fight and seek justice for regulations. The Constitutional Court has reviewed the laws governing its authority dozens of times the Constitutional court’s decision has left pros and cons. Judicial Review of laws in Indonesia can be carried out by the supreme court and the Constitutional court, however, the theory and laws are different.



2021 ◽  
Vol 8 (1) ◽  
pp. 64-76
Author(s):  
Wahyu Saepudin

Kepemimpinan merupakan suatu entitas yang penting bagi peradaban manusia. Adanya suatu komunitas yang eksis, memerlukan suatu bentuk kepemimpinan yang akan mengarahkan komunitas tersebut kepada tujuan dan visi serta misi yang hendak dicapai. Politik, sebagai suatu panglima yang mengarahkan komunitas merupakan manifestasi konkret dari adanya kepemimpinan. Islam sebagai agama yang menjadikan teks al-Qur'an dan Hadis beserta ilmu turunannya sebagai pedoman, tentunya memiliki konsepsi ideal yang digambarkan dalam teks-teks tersebut mengenai kepemimpinan. Kepemimpinan dalam Islam telah diatur dengan pakem pada teks itu, namun dinamika sejarah dan dialektika ilmu pengetahuan telah menggeser beberapa pakem sesuai dengan konteks masa kini. Tulisan ini hendak mengeksplorasi konsep-konsep ideal kepemimpinan dalam teks tersebut, secara spesifik hadis nabi dan membaca setiap aspek perubahan dalam konteks-konteks tersebut dengan menggunakan kaca mata teori double movement. Tulisan ini merupakan penelitian kualitatif dengan tehnik pengambilan data berupa library research. Dari penelusuran yang telah dilakukan, ada dua konsep kepemimpinan dalam hadis yang dirasa tidak relevan di era kontemporer, konsep tersebut adalah kepemimpinan harus dari kalangan laki-laki dan kepemimpinan harus dari Quraisy



2021 ◽  
Vol 8 (2) ◽  
pp. 77-94
Author(s):  
Zarul Arifin Sri Sudono Saliro

After Islam was spread by the Muslims throughout the universe, the contact of the Muslims with the a'jam nations had entered a new phase in international relations. Territorial boundaries that are displayed in plain sight do not make Muslims limit themselves in interactions between nations. The relationship that occurs between Muslims and other nations is inspired by the teachings of Islam itself which requires Muslims to always maintain peace between Muslims and internal and external Muslims. Islam has laid the foundation for peace in international relations with a basic stipulation that Muslims are not justified even if they interfere with the internal affairs of other nations



2021 ◽  
Vol 8 (2) ◽  
pp. 1-22
Author(s):  
M. Syamsul Rizal, Athoillah Islamy, Kusroh Lailiyah

The spread of the corona virus (Covid-19) has become a disaster and an international problem whose impact is experienced by all citizens of the world, including the citizens of Indonesia. Various efforts to prevent the spread of covid-19 have been carried out by the Indonesian government. One of them, is Pembatasan Sosial Berskala Besar (PSBB). Nevertheless, the implementation of the PSBB is not as easy as imagined. In practice, there is not a slight contestation between the objectives of the government and the personal interests of the individual community. Therefore, this study aims to describe the extent of the effectiveness of PSBB policies in Indonesia. This study is a qualitative study. The main data source used is various reports on the conditions of implementing PSBB in various regions of Indonesia, both in the mass media coverage and various scientific researches. Meanwhile, secondary data sources, namely various studies relevant to the subject matter of this study. This type of research approach is empirical normative research. Meanwhile, the theory used as a knife for analysis is the theory of legal effectiveness from Soerjono Soekanto. This study concludes that the implementation of the PSBB policy in several regions in Indonesia in its practical level has not been able to deliver effectively. This is because there are problems in four aspects of the PSBB implementation policy, namely the rule of law, law enforcement, public awareness, and facilities (facilities)



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