Pub Date : 2019-10-10DOI: 10.15642/ad.2019.9.2.274-299
Sri Warjiyati
The Islamic Political Parties in support of simultaneous Regional Head Elections in Indonesia have proven to contribute significantly to a very pluralistic national political system. Increasing the capacity and performance of Islamic political parties directly influences the quality of democracy and the performance of the political system in Indonesia, so that the role of Islamic Political Parties needs to be improved, both in capacity, quality and performance in order to realize the quality of democracy in Indonesia. The birth of Islamic parties in Indonesia today has added to the treasures of democracy in Indonesia, this birth phenomenon is thought to be a manifestation of the re-presence of Islamic political power. The quality of democracy can be influenced one of them through the implementation of simultaneous regional head elections in 2018 which are carried out in a constitutional, peaceful, honest and fair manner. The quality of democracy is also determined by the existence of democratic institutions, actors of democracy, actors' relations with institutions, public issues, and the capacity and strategy of democratic actors in linking between political party platforms that carry candidates with issues of public interest. The success of the substance of the implementation of the Regional Head Election simultaneously can be measured from the effectiveness of the system
{"title":"Peranan Partai Politik Islam Dalam Pelaksanaan Pemilihan Kepala Daerah Serentak di Indonesia","authors":"Sri Warjiyati","doi":"10.15642/ad.2019.9.2.274-299","DOIUrl":"https://doi.org/10.15642/ad.2019.9.2.274-299","url":null,"abstract":"The Islamic Political Parties in support of simultaneous Regional Head Elections in Indonesia have proven to contribute significantly to a very pluralistic national political system. Increasing the capacity and performance of Islamic political parties directly influences the quality of democracy and the performance of the political system in Indonesia, so that the role of Islamic Political Parties needs to be improved, both in capacity, quality and performance in order to realize the quality of democracy in Indonesia. The birth of Islamic parties in Indonesia today has added to the treasures of democracy in Indonesia, this birth phenomenon is thought to be a manifestation of the re-presence of Islamic political power. The quality of democracy can be influenced one of them through the implementation of simultaneous regional head elections in 2018 which are carried out in a constitutional, peaceful, honest and fair manner. The quality of democracy is also determined by the existence of democratic institutions, actors of democracy, actors' relations with institutions, public issues, and the capacity and strategy of democratic actors in linking between political party platforms that carry candidates with issues of public interest. The success of the substance of the implementation of the Regional Head Election simultaneously can be measured from the effectiveness of the system","PeriodicalId":441184,"journal":{"name":"Al-Daulah: Jurnal Hukum dan Perundangan Islam","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130526482","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-10-03DOI: 10.15642/ad.2019.9.2.250-273
M. Yusuf
This study based on postulate that both maslahat and primary texts of Islam are never contaradicting essentially, where holy text is guidance for humankind for goodness of world and hereafter. Based on ‘maslahat approach’, appear idea of eco-fiqh to respond several envoronmental problems. This article aims to study about eco-fiqh which is based on maslahat approach (benefit) and analysis about environmental impact (amdal). To realize benefit of development, regulation of analysis about environmental impact must be obeyed, because it is supported by Islamic principle that “preventing the adverse effects is more prioritized than taking advantages”. Eco-fiqh guides a principle that prevention of environmental adverse effects for longer time than to take economic benefit for shorter time. Preserving the environment is prophetic doctrine and also a mainstream of Islamic doctrine which sometimes ignored. Preserving the environment is not only ‘tahsiniyat’ or ‘hajiyat’, or “dharuriyat’. Idea of eco-fiqh is an effort to put environmental conservation as mainstream of Islamic doctrine. Therefore, it brings about eco-piety beside spritual and social piety.
{"title":"Eco-Fiqh: Pendekatan Maslahat Terhadap Amdal dan Konservasi Lingkungan","authors":"M. Yusuf","doi":"10.15642/ad.2019.9.2.250-273","DOIUrl":"https://doi.org/10.15642/ad.2019.9.2.250-273","url":null,"abstract":"This study based on postulate that both maslahat and primary texts of Islam are never contaradicting essentially, where holy text is guidance for humankind for goodness of world and hereafter. Based on ‘maslahat approach’, appear idea of eco-fiqh to respond several envoronmental problems. This article aims to study about eco-fiqh which is based on maslahat approach (benefit) and analysis about environmental impact (amdal). To realize benefit of development, regulation of analysis about environmental impact must be obeyed, because it is supported by Islamic principle that “preventing the adverse effects is more prioritized than taking advantages”. Eco-fiqh guides a principle that prevention of environmental adverse effects for longer time than to take economic benefit for shorter time. Preserving the environment is prophetic doctrine and also a mainstream of Islamic doctrine which sometimes ignored. Preserving the environment is not only ‘tahsiniyat’ or ‘hajiyat’, or “dharuriyat’. Idea of eco-fiqh is an effort to put environmental conservation as mainstream of Islamic doctrine. Therefore, it brings about eco-piety beside spritual and social piety.","PeriodicalId":441184,"journal":{"name":"Al-Daulah: Jurnal Hukum dan Perundangan Islam","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126010541","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-10-01DOI: 10.15642/ad.2019.9.2.194-221
Nailatin Fauziyah
Settlement of child criminal cases using the restorative justice approach and diversion in accordance with Law No. 11 of 2012 is an important breakthrough in the development of criminal law processes in Indonesia. At the conceptual level, the implementation of the process takes into consideration the fulfillment of children's rights and has a concern for the child's future. To achieve the future the child must have the resilience to deal with difficult situations throughout his life journey. Likewise, children who are in conflict with the law, on the other hand they are perpetrators of crime and on the other hand they are victims of the surrounding social system. The results of this study indicate that Children in conflict with the law (ABH) who are resilient tend to get support from various parties so that they can get through difficult situations and face the future with confidence, but conversely with ABH who are not resilient. The results of this study are important notes to reflect back the implementation of Law No.11/2012 on restorative justice and diversion, because the diversion process undertaken by ABH does not differentiate their resilience levels. It is the strength of the protective factor that affects the differences in the resilience of ABH who undergo legal proceedings through diversion.
{"title":"Resiliensi Anak yang Berkonflik Dengan Hukum: Refleksi Implementasi UU. No.11 Tahun 2012 Mengenai Proses Diversi","authors":"Nailatin Fauziyah","doi":"10.15642/ad.2019.9.2.194-221","DOIUrl":"https://doi.org/10.15642/ad.2019.9.2.194-221","url":null,"abstract":"Settlement of child criminal cases using the restorative justice approach and diversion in accordance with Law No. 11 of 2012 is an important breakthrough in the development of criminal law processes in Indonesia. At the conceptual level, the implementation of the process takes into consideration the fulfillment of children's rights and has a concern for the child's future. To achieve the future the child must have the resilience to deal with difficult situations throughout his life journey. Likewise, children who are in conflict with the law, on the other hand they are perpetrators of crime and on the other hand they are victims of the surrounding social system. The results of this study indicate that Children in conflict with the law (ABH) who are resilient tend to get support from various parties so that they can get through difficult situations and face the future with confidence, but conversely with ABH who are not resilient. The results of this study are important notes to reflect back the implementation of Law No.11/2012 on restorative justice and diversion, because the diversion process undertaken by ABH does not differentiate their resilience levels. It is the strength of the protective factor that affects the differences in the resilience of ABH who undergo legal proceedings through diversion.","PeriodicalId":441184,"journal":{"name":"Al-Daulah: Jurnal Hukum dan Perundangan Islam","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116950335","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-09-02DOI: 10.15642/ad.2019.9.1.142-167
Amarina habibi
Act Number 35, 2014 on Child Protection (UUPA) and Qanun (provincial law) Aceh Number 6, 2014 regarding Qanun Jinayat has given rise to legal dualism. Both laws and regulations govern the same case in the jurisdiction of Aceh, so that it can cause problems in its enforcement. This research applies primary, secondary and tertiary legal sources. This research uses the statue approach. Library research data are then analyzed from secondary and tertiary legal sourcesby using deductive method.The research shows that the enforcement of absolute power at the judicial institutions relating the trial of the sexual offence towards children cases in Aceh, the Public Court, which is granted its power under the UUPA,is privilege compared to Syar’iyah Court, which is having its power from Qanun Jinayat. The reasons for this are as following: a) the punisment in the UUPA is more serious and cumulative, while in Qanun Jinayat is more lenient and alternative; b) UUPA regulates specific things regarding child cases, while Qanun Jinayat is general; c) the enforcement of UUPA together with its changes is still facing hurdles, and there is also the enactment of Qanun Jinayat; d) there are problems in regards with lack of facilities of the detentions and budget during the process of the cases and there is an absent of the cooperation between correctional center for the convicted under the Qanun Jinayat; e) judges in the Public Court mostly already have certificates in dealing with child case compared to Syar’iyah Court. This research found that the later court judges have not had any certificate yet. The enforcement of punishment towards the perpetrators in Aceh mostly tried under the UUPA compared to using Qanun Jinayat as it provides more justice for victims.
{"title":"Dualisme Penerapan Hukum Bagi Pelaku Kekerasan Seksual Terhadap Anak di Provinsi Aceh","authors":"Amarina habibi","doi":"10.15642/ad.2019.9.1.142-167","DOIUrl":"https://doi.org/10.15642/ad.2019.9.1.142-167","url":null,"abstract":"Act Number 35, 2014 on Child Protection (UUPA) and Qanun (provincial law) Aceh Number 6, 2014 regarding Qanun Jinayat has given rise to legal dualism. Both laws and regulations govern the same case in the jurisdiction of Aceh, so that it can cause problems in its enforcement. This research applies primary, secondary and tertiary legal sources. This research uses the statue approach. Library research data are then analyzed from secondary and tertiary legal sourcesby using deductive method.The research shows that the enforcement of absolute power at the judicial institutions relating the trial of the sexual offence towards children cases in Aceh, the Public Court, which is granted its power under the UUPA,is privilege compared to Syar’iyah Court, which is having its power from Qanun Jinayat. The reasons for this are as following: a) the punisment in the UUPA is more serious and cumulative, while in Qanun Jinayat is more lenient and alternative; b) UUPA regulates specific things regarding child cases, while Qanun Jinayat is general; c) the enforcement of UUPA together with its changes is still facing hurdles, and there is also the enactment of Qanun Jinayat; d) there are problems in regards with lack of facilities of the detentions and budget during the process of the cases and there is an absent of the cooperation between correctional center for the convicted under the Qanun Jinayat; e) judges in the Public Court mostly already have certificates in dealing with child case compared to Syar’iyah Court. This research found that the later court judges have not had any certificate yet. The enforcement of punishment towards the perpetrators in Aceh mostly tried under the UUPA compared to using Qanun Jinayat as it provides more justice for victims.","PeriodicalId":441184,"journal":{"name":"Al-Daulah: Jurnal Hukum dan Perundangan Islam","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131867686","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-04-23DOI: 10.15642/ad.2019.9.1.90-116
Bani Syarif Maula
Indonesia is a country with a majority Muslim population that implements a democratic system. Based on this democratic system, non-muslims constitutional systems can coexist and play an active role in carrying out religious values in the public sphere as a very visible feature. Nonetheless, the relationship between Islam and the state in the course of Indonesian history always experiences ups and downs. In one period of Indonesian history, Islamic politics was a peripheral thought and movement and even considered a threat to democracy and the value of modernity, because Islamic groups struggled to maintain the ideology of Islamism with the aim of establishing an Islamic state, or at least implementing a traditional Islamic legal system to a modern Indonesian society. However, as the development of the Islamic world coincided with efforts to democratize the Indonesian state, Islamic politics also changed its direction to adjust to these conditions. Islamic groups become more accommodating to the values of democracy and modernity, without having to leave their Islamic identity. This last phenomenon is known as post-Islamism as a socio-political movement in the life of the nation and state in Indonesia.
{"title":"Post-Islamisme dan Gerakan Politik Islam Dalam Sistem Demokrasi Indonesia","authors":"Bani Syarif Maula","doi":"10.15642/ad.2019.9.1.90-116","DOIUrl":"https://doi.org/10.15642/ad.2019.9.1.90-116","url":null,"abstract":"Indonesia is a country with a majority Muslim population that implements a democratic system. Based on this democratic system, non-muslims constitutional systems can coexist and play an active role in carrying out religious values in the public sphere as a very visible feature. Nonetheless, the relationship between Islam and the state in the course of Indonesian history always experiences ups and downs. In one period of Indonesian history, Islamic politics was a peripheral thought and movement and even considered a threat to democracy and the value of modernity, because Islamic groups struggled to maintain the ideology of Islamism with the aim of establishing an Islamic state, or at least implementing a traditional Islamic legal system to a modern Indonesian society. However, as the development of the Islamic world coincided with efforts to democratize the Indonesian state, Islamic politics also changed its direction to adjust to these conditions. Islamic groups become more accommodating to the values of democracy and modernity, without having to leave their Islamic identity. This last phenomenon is known as post-Islamism as a socio-political movement in the life of the nation and state in Indonesia.","PeriodicalId":441184,"journal":{"name":"Al-Daulah: Jurnal Hukum dan Perundangan Islam","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115784443","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-04-23DOI: 10.15642/ad.2019.9.1.52-89
M. F. Fad
The act of terrorism involving children certainly raises its own concerns. How not, if the child is faced with a formal justice process then besides he will lose his independence, he will also lose his future because of stigmatization as a terrorist who is attached for life. However, if the model of diversion through restorative justice is adopted, the legal process will be blocked by the provisions of Article 7 paragraph (2) of Law No. 11 of 2012 concerning the Child Criminal Justice System. Then what is the meeting point between the two? How is this diversion approach in the perspective of Maqashid al-Shari'ah? This article tries to describe the diversion model through a restorative justice approach in the perspective of maqashid al-shari'ah. The type of method used in this study is a qualitative method. The data collection technique used is library research sourced from various literatures such as books, books and journal articles. After the data is collected, an analysis will be carried out using descriptive-analytical methods. This study concludes that restorative justice through a diversion model is in line with the principles of maqashid al-syari'ah, this legal approach aims to help children of terrorists realize, feel and restore humanitarian relations that were damaged between the perpetrators and victims. This is due to the fact that the child of the terrorist is not an actor in the real sense, but he is the real victim of the results of his parents' indoctrination or other parties.
{"title":"Analisis Model Diversi Melalui Restorative Justice Pada Anak Pelaku Tindak Pidana Terorisme Dalam Perspektif Maqashid Syari’ah","authors":"M. F. Fad","doi":"10.15642/ad.2019.9.1.52-89","DOIUrl":"https://doi.org/10.15642/ad.2019.9.1.52-89","url":null,"abstract":"The act of terrorism involving children certainly raises its own concerns. How not, if the child is faced with a formal justice process then besides he will lose his independence, he will also lose his future because of stigmatization as a terrorist who is attached for life. However, if the model of diversion through restorative justice is adopted, the legal process will be blocked by the provisions of Article 7 paragraph (2) of Law No. 11 of 2012 concerning the Child Criminal Justice System. Then what is the meeting point between the two? How is this diversion approach in the perspective of Maqashid al-Shari'ah? This article tries to describe the diversion model through a restorative justice approach in the perspective of maqashid al-shari'ah. The type of method used in this study is a qualitative method. The data collection technique used is library research sourced from various literatures such as books, books and journal articles. After the data is collected, an analysis will be carried out using descriptive-analytical methods. This study concludes that restorative justice through a diversion model is in line with the principles of maqashid al-syari'ah, this legal approach aims to help children of terrorists realize, feel and restore humanitarian relations that were damaged between the perpetrators and victims. This is due to the fact that the child of the terrorist is not an actor in the real sense, but he is the real victim of the results of his parents' indoctrination or other parties.","PeriodicalId":441184,"journal":{"name":"Al-Daulah: Jurnal Hukum dan Perundangan Islam","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116051578","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-04-23DOI: 10.15642/ad.2019.9.1.117-141
B. Ulum
This article aims to elaborate on the response to the process of resolving the blasphemy case that occurred in one of the hotels in Jambi. There was found the installation of Allah's label on the floor of the Christmas tree ornaments. Based on studies in the field, it was found that this case included ethnicity, race, religion and class nuance cases (SARA) and it had to be resolved immediately, because it could potentially lead to religious conflict and mass amok. The results of the study show that Firstly, the Government (leader) along with its ranks and Ulama (clerics) together with Islamic Organizations responded quickly to the blasphemy event by holding meetings and agreeing that the case should be resolved immediately so as not to cause religious conflict. Secondly, both Ulama and Umara (leader) worked together and discuss (sit and talk) a quick step in resolving the case and trying to calm the public so that they did not commit vigilante acts. The synergy pattern that is intertwined and articulated here has resulted in a swift, accurate solution to the resolution of the case and can immediately restore a supportive atmosphere for the people of Jambi.
{"title":"Sinergitas Ulama dan Umara","authors":"B. Ulum","doi":"10.15642/ad.2019.9.1.117-141","DOIUrl":"https://doi.org/10.15642/ad.2019.9.1.117-141","url":null,"abstract":"This article aims to elaborate on the response to the process of resolving the blasphemy case that occurred in one of the hotels in Jambi. There was found the installation of Allah's label on the floor of the Christmas tree ornaments. Based on studies in the field, it was found that this case included ethnicity, race, religion and class nuance cases (SARA) and it had to be resolved immediately, because it could potentially lead to religious conflict and mass amok. The results of the study show that Firstly, the Government (leader) along with its ranks and Ulama (clerics) together with Islamic Organizations responded quickly to the blasphemy event by holding meetings and agreeing that the case should be resolved immediately so as not to cause religious conflict. Secondly, both Ulama and Umara (leader) worked together and discuss (sit and talk) a quick step in resolving the case and trying to calm the public so that they did not commit vigilante acts. The synergy pattern that is intertwined and articulated here has resulted in a swift, accurate solution to the resolution of the case and can immediately restore a supportive atmosphere for the people of Jambi.","PeriodicalId":441184,"journal":{"name":"Al-Daulah: Jurnal Hukum dan Perundangan Islam","volume":"136 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116386778","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-04-18DOI: 10.15642/ad.2019.9.1.168-193
Riza Multazam Luthfy
Community participation in national and state life today is an important study. This is because in a democratic country, public policy cannot be separated from public participation. This study seeks to discuss the relationship between community participation, the making of Act and the implementation of judicial review. The results showed that: (1) Public participation in the making of Act and the implementation of judicial review can: (a) Provide a better basis for public policy making in creating good governance. (b) Increase citizens' trust in the executive and legislative branches. (c) Save human resources, because with the involvement of the community in public policy making, the resources used in public policy socialization can be minimized. (2). Community participation in evaluating Act becomes an important activity, in order to establish control whether an Act is in accordance with its objectives or not. The public can submit a judicial review to the Supreme Court (MA) or the Constitutional Court (MK) if they judge that their rights have been impaired by certain Act. (3). The relationship between community participation and the making of Act and the implementation of judicial review is very close. Without community participation, the Act produced does not reflect the interests of the community and only prioritizes the interests of certain groups. The Constitutional Court (MK) and the Supreme Court (MA) will not conduct a judicial review if there is no request from the public.
{"title":"Hubungan Antara Partisipasi Masyarakat, Pembentukan Undang-Undang dan Judicial Review","authors":"Riza Multazam Luthfy","doi":"10.15642/ad.2019.9.1.168-193","DOIUrl":"https://doi.org/10.15642/ad.2019.9.1.168-193","url":null,"abstract":"Community participation in national and state life today is an important study. This is because in a democratic country, public policy cannot be separated from public participation. This study seeks to discuss the relationship between community participation, the making of Act and the implementation of judicial review. The results showed that: (1) Public participation in the making of Act and the implementation of judicial review can: (a) Provide a better basis for public policy making in creating good governance. (b) Increase citizens' trust in the executive and legislative branches. (c) Save human resources, because with the involvement of the community in public policy making, the resources used in public policy socialization can be minimized. (2). Community participation in evaluating Act becomes an important activity, in order to establish control whether an Act is in accordance with its objectives or not. The public can submit a judicial review to the Supreme Court (MA) or the Constitutional Court (MK) if they judge that their rights have been impaired by certain Act. (3). The relationship between community participation and the making of Act and the implementation of judicial review is very close. Without community participation, the Act produced does not reflect the interests of the community and only prioritizes the interests of certain groups. The Constitutional Court (MK) and the Supreme Court (MA) will not conduct a judicial review if there is no request from the public.","PeriodicalId":441184,"journal":{"name":"Al-Daulah: Jurnal Hukum dan Perundangan Islam","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114638578","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-04-02DOI: 10.15642/ad.2019.9.1.25-51
Sulthon Sulthon
The main purpose of this research is to suggest that theoritically there is no specific and standard methodology to be used in the study of fiqh (Islamic jurisprudence) siyasah. It is because fiqh siyasah is more a part of a social science, where the methodology that might be used always changes and grows. As a part of fiqh, the study of fiqh siyasah needs to accommodate various methods of ijtihad as in the science of fiqh in general, such as qiyas, istihsan, istishab, maslaha mursalah, 'urf, and others. The study of fiqh siyasah can also use the five approaches such as philosophical, legal, empirical, bureaucracy, and ethics approach. Because the study of fiqh is quite complex and dynamic, then in the assessment and development of which need to be equipped with supporting sciences, such as sociology, anthropology, history, political science, economics, and others.The two fundamental questions to be answered in this research are; what is the methodology and approach of the Islamic political studies / fiqh siyasah and what are its characteristics. The method used in this research is descriptive and historical method. Descriptive method is used to describe a systematic, factual and accurate as well as the characteristics of the population in a particular region. While the historical method is used to reconstruct the past systematically and objectively by collecting, assessing, verifying, and synthesizing evidence to establish facts and to reach a strong conclusion
{"title":"Metodologi dan Teoretisasi Politik Islam","authors":"Sulthon Sulthon","doi":"10.15642/ad.2019.9.1.25-51","DOIUrl":"https://doi.org/10.15642/ad.2019.9.1.25-51","url":null,"abstract":"The main purpose of this research is to suggest that theoritically there is no specific and standard methodology to be used in the study of fiqh (Islamic jurisprudence) siyasah. It is because fiqh siyasah is more a part of a social science, where the methodology that might be used always changes and grows. As a part of fiqh, the study of fiqh siyasah needs to accommodate various methods of ijtihad as in the science of fiqh in general, such as qiyas, istihsan, istishab, maslaha mursalah, 'urf, and others. The study of fiqh siyasah can also use the five approaches such as philosophical, legal, empirical, bureaucracy, and ethics approach. Because the study of fiqh is quite complex and dynamic, then in the assessment and development of which need to be equipped with supporting sciences, such as sociology, anthropology, history, political science, economics, and others.The two fundamental questions to be answered in this research are; what is the methodology and approach of the Islamic political studies / fiqh siyasah and what are its characteristics. The method used in this research is descriptive and historical method. Descriptive method is used to describe a systematic, factual and accurate as well as the characteristics of the population in a particular region. While the historical method is used to reconstruct the past systematically and objectively by collecting, assessing, verifying, and synthesizing evidence to establish facts and to reach a strong conclusion","PeriodicalId":441184,"journal":{"name":"Al-Daulah: Jurnal Hukum dan Perundangan Islam","volume":"478 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122746117","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-04-02DOI: 10.15642/ad.2019.9.2.222-249
Lukman Santoso, Miftahul Huda
This study aims to explore the model of management and development of company waqf assets in Malaysia and Singapore, and their relevance to the development of company waqf construction in accordance with Indonesian waqf law and the wisdom of traditions that have developed. By using an interpretive explorative type qualitative approach, this research resulted in the finding, that the construction of the management model and development of corporate waqf assets in Indonesia in accordance with the context of Indonesian waqf law and traditional wisdom are business entities, banks, universities, foundations, hospitals, cooperative. So as to realize the strengthening of the holistic corporate waqf model in Indonesia, it is necessary to strengthen the regulatory stakeholders as well as an integrative and holistic understanding among scholars.
{"title":"Konstruksi Model Wakaf Perusahaan Dalam Negara Hukum Indonesia","authors":"Lukman Santoso, Miftahul Huda","doi":"10.15642/ad.2019.9.2.222-249","DOIUrl":"https://doi.org/10.15642/ad.2019.9.2.222-249","url":null,"abstract":"This study aims to explore the model of management and development of company waqf assets in Malaysia and Singapore, and their relevance to the development of company waqf construction in accordance with Indonesian waqf law and the wisdom of traditions that have developed. By using an interpretive explorative type qualitative approach, this research resulted in the finding, that the construction of the management model and development of corporate waqf assets in Indonesia in accordance with the context of Indonesian waqf law and traditional wisdom are business entities, banks, universities, foundations, hospitals, cooperative. So as to realize the strengthening of the holistic corporate waqf model in Indonesia, it is necessary to strengthen the regulatory stakeholders as well as an integrative and holistic understanding among scholars.","PeriodicalId":441184,"journal":{"name":"Al-Daulah: Jurnal Hukum dan Perundangan Islam","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123763007","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：