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All Journal Al-Imam : Journal on Islamic Studies, Civilization And Learning Societies Hakamain: Journal of Sharia and Law Studies
Refliandi, Irvan
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Hakamain: Journal of Sharia and Law Studies

 1 
Implementasi Perda Inisiatif Dewan Perwakilan Rakyat Daerah Kota Bukittinggi Perspektif Fiqh Siyāsah Refliandi, Irvan
Hakamain: Journal of Sharia and Law Studies Vol. 1 No. 2 (2022): December 2022
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v1i2.238

Abstract

The background of this research is when the Bukittinggi’s DPRD has not carried out its performance in accordance with the expectations and wishes of the people, as is the case when the number of regional regulations produced by the legislature is less than the number of regional regulations originating from the executive. This study aims to find out how the implementation of the Initiative regional regulation in the Bukittinggi’s DPRD environment and what factors became obstacles in the formation of the initiative for regional regulation of the Bukittinggi’s DPRD. The type of research that the authors used in this study was field research conducted in Bukittinggi. Primary data sources are obtained through interviews, observation and documentation of related stakeholders. Based on the results of the research, it can be seen that the implementation of the regional regulation initiated by the Bukitinggi’s DPRD has not gone well because there are still several obstacles, such as low human resources, lack of socialization of the Perda formation program and changes in community dynamics.
Giving the Right to Former Prisoners to be Leaders in the Study of the Philosophy of Islamic Law Refliandi, Irvan; Fatimah, Fatimah
Hakamain: Journal of Sharia and Law Studies Vol. 2 No. 2 (2023): December 2023
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v2i2.329

Abstract

This research is qualitative, using data from library sources. Former convicts are people who have previously committed crimes or criminal acts and have served their sentences. In Islam, a leader must be fair, honest, trustworthy, and have high integrity. Law No. 8 of 2012 concerning Elections allows former convicts to become members of the legislature, but it has received many responses of rejection from the public. This is based on the perception that former convicts are morally compromised and no longer trusted by society. To build a legislature that is credible and can be trusted by the people, its members should have moral integrity, be intelligent (competent), and be statesmen, especially since legislative members represent the people as the holders of sovereignty. In the Quran and Hadith, there are hardly any explicit requirements mentioned for legislative members, let alone the status of former convicts. This study aims to determine the capability of former convicts to become leaders within the framework of Islamic legal philosophy. The results of the study show that, philosophically, Islamic law requires a leader to be just and their sense of justice to be unimpaired, thus it is makruh (discouraged) to grant former convicts the right to become leaders and to be at the level of tahsiniyah.
Co-Authors fatimah Fatimah Jumanda, Adi Ramadhan Fitri, Donna Yufriadi, Ferdi