Al-Daulah : Jurnal Hukum dan Perundangan Islam
al-Daulah: Jurnal Hukum dan Perundangan Islam (p-ISSN: 2089-0109 dan e-ISSN: 2503-0922) diterbitkan oleh Prodi Siyasah Jinayah (Hukum Tata Negara dan Hukum Pidana Islam) Fakultas Syari'ah dan Hukum UIN Sunan Ampel Surabaya pada bulan April 2011. Jurnal ini terbit setiap bulan April dan Oktober, dengan memuat kajian-kajian tentang tema hukum dan Perundangan Islam. Jurnal ini terakreditasi pada 1 Desember 2015 sesuai Keputusan Direktur Jenderal Penguatan Riset dan Pengembangan Kementerian Riset, Teknologi, dan Pendidikan Tinggi Republik Indonesia Nomor: 2/E/KPT/2015.
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<![CDATA[Kemerdekaan Berfikir dalam Hak Asasi Manusia dan Islam ]]>
<![CDATA[Arif Wijaya]]>
<![CDATA[ Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 3 No. 2 (2013): Oktober 2013 ]]>
Publisher : <![CDATA[Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya ]]>
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DOI: 10.15642/ad.2013.3.2.241-259
<![CDATA[In Islam, reason is put on the most honor place and make it as one of the valuable means to realize the exixtance of God. It is inevitable that some of the Islamic teachings are mobilizing sense, opening mind, and opening human reason, body and soul. Islam does not like the people who do not use their minds, the people whose minds are bound by beliefs and isms that are not based on a correct basis. The independence of thinking can reinforce and strengthen the faith, humility 'and awareness of the greatness of Allah. Independence of thinking is quite important. Because without it, there would be no innovation and creativity. After 68 years of Indonesian’s independence politically, independence of thinking is something that needs to be realized. Without freedom of thinking and social justice, the so called independence is just imaging. Independence of thinking is a golden bridge towards a common welfare. Independence of thinking and freedom of expression are the right of every citizen to express their thoughts orally and in a written form freely in accordance with the provisions of the legislation in force.]]>
<![CDATA[Islam dan Masa Depan Hak Asasi Manusia Menurut Abdullah Ahmed Al-Na’im ]]>
<![CDATA[Ita Musarrofa]]>
<![CDATA[ Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 3 No. 2 (2013): Oktober 2013 ]]>
Publisher : <![CDATA[Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya ]]>
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DOI: 10.15642/ad.2013.3.2.260-278
<![CDATA[The reality of the modern world necessitates a Muslim to rethink about how to be a Muslim in the middle of the interdependence of security, politics, social and culture. This makes Abdullah Ahmed al-Na'im, a Sudanese Muslim intellectual, be restless. The provision of international legal guarantees for the implementation of the collective right of every nation to self-determination make Muslims play the majority of mobilizing their identity in the form of an Islamic state and the implementation of shari’ah itself. However, the affirmation of the collective right to self-determination must be placed within the framework of providing justice for all citizens regardless of sex, race and religion. Herein lies the problem of the implementation of Islamic shari’ah. It is because in some cases, the implementation of Islamic shari’ah actually violates Human Rights, especially the rights of women and non-Muslims. Al-Na'im seeks a peaceful path that Human Rights which established by the United Nations gets the legitimacy of Islam, so that the implementation of the collective right to self-determination by Muslims is not contrary to the values of Human Rights that have been declared universally.]]>
<![CDATA[Peraturan Daerah Syariah dalam Bingkai Otonomi Daerah ]]>
<![CDATA[Alwi Bik]]>
<![CDATA[ Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 3 No. 2 (2013): Oktober 2013 ]]>
Publisher : <![CDATA[Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya ]]>
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DOI: 10.15642/ad.2013.3.2.279-298
<![CDATA[The authority in making the Regional Regulation (Perda) is a tangible manifestation of the application of the widely autonomy owned by a certain region. As a country that adheres to the principle of legality in each preparation and formation of legislation, the definition of regional authority in the preparation and establishment of local regulations must refer to the existing statutory provisions, especially those which govern the relationship between the central and the region in the Unitary of the Republic of Indonesia. Study on the existence of the Syari’ah Regional Regulation is a topic of the discussion that characterizes the dynamics of science, especially after the reform in Indonesia. The standpoint of most of the discussions about the existence of the Syari’ah Regional Regulation is quite varied, among others are: (a) from a legal standpoint, namely Law No. 10 year 2004 about the establishment of laws and regulations; (b) from a political standpoint; (c) from a social standpoint, and; (d) assessment of the investment point of view. From some of these studies, public policy should be any more emphasis on the benefit aspects of society. It is based on the legal maxim “policy of a top leader to his people always leads to a benefitâ€.]]>
<![CDATA[Sanksi Tindak Pidana Pencantuman Klausula Baku pada Karcis Parkir Kendaraan Bermotor ]]>
<![CDATA[Moch. Choirul Rizal]]>
<![CDATA[ Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 3 No. 2 (2013): Oktober 2013 ]]>
Publisher : <![CDATA[Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya ]]>
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DOI: 10.15642/ad.2013.3.2.299-322
<![CDATA[This article discusses about a criminal sanction of the standard clauses in a motor vehicle parking ticket for parking service manager according to article 18 paragraph (1) jo. article 62 paragraph (1) of Law No. 8 year 1999 about consumer’s protection. Standard clause is an agreement where the procedure of making it is unilateral. A standard clause listed on the ticket motorists has violated the provision of article 18 paragraph (1) letter a, namely “the businesses doers, in offering goods and/or services that are held for trading, are prohibited from making or including a standard clauses in each document and/or agreement if they had declare the transfer of responsibility of entrepreneursâ€. The inclusion of a standard clause as mentioned in the above provisions can be categorized as a criminal offense. The criminal penalty of such act is imprisonment of a maximum 5 (five) years or a criminal sanction of a maximum Rp. 2,000,000,000.00 (two billions rupiah) as stipulated in article 62 paragraph (1) UUPK. In Islam, these are included a criminal act and they have not stipulated in the text yet. So that, it becomes the authority of ulil 'amri to determine the punishment.]]>
<![CDATA[Tindak Pidana Korupsi dan Sanksi Pidana Mati Perspektif Keadilan Hukum ]]>
<![CDATA[Amirullah Amirullah]]>
<![CDATA[ Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 3 No. 2 (2013): Oktober 2013 ]]>
Publisher : <![CDATA[Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya ]]>
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DOI: 10.15642/ad.2013.3.2.323-355
<![CDATA[Corruption is included as a crime which expands into a transnational crime, destroying the moral values of the nation, hampering and harming the development of the nation, a creation of a closed path of justice, prosperity and welfare of the Indonesian people. Death penalty is an option of criminal sanctions applied in the legal system in Indonesia. The death penalty attached and integrated in the legal system in Indonesia which was formerly influenced by the complexity of its background. At the philosophical level it shows that all legislations related to the formulation of corruption and death penalty have the background of moral values based on Pancasila as a philosophical footing. The death penalty of corruption in Indonesia within the perspective of a legal justice, contained in the formulation of Law No. 20 year 2001 about the Amendment of Law No. 31 year 1999 about eradication to corruption, chapter II, article 2, paragraph (2), shows a part of the positive law. The image of the positive law in Indonesia recognizes the existence of natural law. It is reflected in the philosophical values of the nation, Pancasila (believe in one God). Consequently, the products of the positive law in Indonesia must be derived from the natural law, and the natural law is derived from the eternal law (divine law).]]>
<![CDATA[Penerapan Parliamentary Threshold pada Pemilihan Umum 2009 ]]>
<![CDATA[Nur’Ayni Itasari]]>
<![CDATA[ Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 3 No. 2 (2013): Oktober 2013 ]]>
Publisher : <![CDATA[Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya ]]>
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DOI: 10.15642/ad.2013.3.2.356-374
<![CDATA[The selection process through the (general) election mechanism can be identified with the electoral system ever implemented in the Islamic government. First, the electoral system of ahl al-hall wa al-'aqd which was carried out by the trust and allegiance. Second, the electoral system of ahl al-hall wa al-'aqd which was done through the periodic election, selection in society, and by the head of state. Parliamentary Threshold (PT) is a threshold mechanism in place at legislative elections (for parliament) with a percentage of 2.5% for the political parties which contested the election to follow the counting in the determination of the House of Representative’s seats. Parliamentary Threshold, according to Law No. 10 year 2008, article 202, paragraph 1 (regarding the election of members of DPR, DPD and DPRD) in the 2009 election, was implemented by calculating the minimum total of 2.5% of the valid votes in the national political party contestants. Then those parties were listed, which ones were the Parliamentary Threshold and which ones were not the Parliamentary Threshold to determine BPP to calculate the DPR’s seats for the electoral party contestants that had passed the threshold.]]>
<![CDATA[Implikasi Perkawinan Campuran terhadap Status Kewarganegaraan Anak ]]>
<![CDATA[A. Mufti Hidayat]]>
<![CDATA[ Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 3 No. 2 (2013): Oktober 2013 ]]>
Publisher : <![CDATA[Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya ]]>
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DOI: 10.15642/ad.2013.3.2.375-398
<![CDATA[This paper discusses about Law No. 12 year 2006, article 6 on the Indonesian citizenship which gives the provisions of dual citizenship status to a child as the implication of the mixed marriage, and analysis of Islamic political jurisprudence perspective toward the provisions of the dual citizenship status. The author concludes that granting the dual citizenship status to a child as the implication of the mixed marriage is nothing but for the sake of enforcing the rights of men, particularly for children. It is so because the child’s rights are part of the Human Rights which must be guaranteed, protected, and fulfilled by parents, families, communities, governments, and states. In addition, It is also as a manifestation of the implementation of UUD 1945, article 26 about the citizens’ rights. Islamic political jurisprudence judges that the dual citizenship status for a child of the mixed marriage for the reason to uphold Human Rights might be justified. Since Islam also upholds Human Rights. But in respect to a childcare, they follow their mother’s citizenship when they have been adult. And when they have already been adult, they have right to choose their nationality.]]>
<![CDATA[Urgensi Demokrasi dalam Upaya Pembentukan Negara Ideal Menurut Muhammad Syahrur ]]>
<![CDATA[M. Agus Muwahhidin]]>
<![CDATA[ Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 3 No. 2 (2013): Oktober 2013 ]]>
Publisher : <![CDATA[Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya ]]>
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DOI: 10.15642/ad.2013.3.2.399-437
<![CDATA[Democracy for Shahrur is a representation of the concept of shura in modern time. This is because the concept of shura is a part of the dialectic of life. Therefore, It is subject to change, depending on space and time. This is what Shahrur called as the term of value and technical point of shura. As for the pressure point of democracy is subject to shari’ah. Such understanding is evidenced by a definition that democracy is the practice of freedom by a group of humans in accordance with the authority of knowledge, ethics, aesthetics, customs, and religious laws. The urgency of democracy in the efforts to establish the ideal state, which according to Shahrur is called a “secular†countr is a state that bases its legitimacy from the people and not from the religious scholars. It is also a country that does not recognize the existence of the guards of the God’s laws. In addition to developing science, democracy can also minimize the potential of friction because it is not talking about primordialism but more about the common interest.]]>
<![CDATA[Konsep Pemerintahan Religius dan Demokrasi Menurut Abdul Karim Soroush dan Ayatullah Khomeini ]]>
<![CDATA[M. Heri Fadoil]]>
<![CDATA[ Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 3 No. 2 (2013): Oktober 2013 ]]>
Publisher : <![CDATA[Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya ]]>
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DOI: 10.15642/ad.2013.3.2.438-473
<![CDATA[Abdul Karim Soroush judges that religious rule is incorrect assessment of the application of Islamic jurisprudence. In a religious society, Islamic jurisprudence obtains the right to govern. It is, of course, necessary to establish a kind of Islamic jurisprudence-based religious rule. Soroush firmly rejects it because such interpretation is too narrow. As for democracy, Soroush argues that the system used is not necessarily equal to that of the Western. On the contrary, Ayatollah Khomeini’s thoughts on religious rule are reflected in the so called wilayat al-faqih. It is a religious scholar-based government. Democracy, according to him, is the values of Islam itself, which is able to represent the level of a system to bring to the country’s progress. Principally, there are some similarities between the ideas of Ayatollah Khomeini and those of Abdul Karim Soroush in term of religiosity. They assume that it is able to sustain the religious system of government. The difference between both lies on the application of religiosity itself. Ayatollah Khomeini applies the concept of a religious scholar-based government, while Abdul Karim Soroush rejects the institutionalization of religion in the government or state.]]>
<![CDATA[Pelaksanaan Pemilihan Kepala Desa Daleman Kecamatan Kedungdung Kabupaten Sampang ]]>
<![CDATA[Habibi Habibi]]>
<![CDATA[ Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 3 No. 2 (2013): Oktober 2013 ]]>
Publisher : <![CDATA[Prodi Siyasah (Hukum Tata Negara) Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya ]]>
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DOI: 10.15642/ad.2013.3.2.474-505
<![CDATA[This article discusses about a political shari’ah’s view on the implementation of the village’s head election in Daleman-Kedungdung-Sampang. The results of the research conclude that the mechanism of the village’s head election starting from the formation of the committee election, the candidates crawl, the campaign, the voice collecting and counting, and the announcement and the establishment of elected candidates. The election committee has done them according to the procedures and not in conflict with the political shari’ah as well as the Regional Regulation of Sampang No. 5 year 2006 concerning the procedures for the nomination, election, appointment and dismissal of the head of the village. However, in its implementation, there was one of the candidates practiced money politics and intimidation where the money politics is banned by Islamic law, while intimidation violates the basic values of the political shari’ah about welfare. It is not also justified under article 15 of Regional Regulation No. 5, article 15 year 2006 of Sampang. In addition to the money politics and intimidation practice, the village’s head election is also tinged with gambling which is obviously forbidden in Islam. However, the Regional Regulation has not clearly set those practices yet.]]>
