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INDONESIA
AL WASATH Jurnal Ilmu Hukum
Published by Universitas Nahdlatul Ulama Indonesia
ISSN : -     EISSN : 27216160     DOI : -
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
AL WASATH Jurnal Ilmu Hukum is an academic law journal published by the Faculty of Law, Universitas Nahdlatul Ulama Indonesia (UNUSIA). This Journal is opened for academics or professionals and focussed on various legal disciplines such as but not limited to constitutional law, labor law, private law, philosophy of law, international law, and Islamic law. AL WASATH Jurnal Ilmu Hukum published periodically in April and November articles written in English and Bahasa Indonesia. E-ISSN 2721-6160 That can be accessed on http://journal.unusia.ac.id/index.php/alwasath
Arjuna Subject : Ilmu Sosial - Hukum
Articles 42 Documents
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CAN RELIGION PREVENTS CORRUPTION? THE INDONESIAN EXPERIENCE Kartini Laras Makmur
AL WASATH Jurnal Ilmu Hukum Vol 1 No 1 (2020): AL WASATH Jurnal Ilmu Hukum
Publisher : Prodi Ilmu Hukum Universitas Nahdlatul Ulama Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47776/alwasath.v1i1.24

Abstract

Researches on Anti-Corruption have found that politics, economics, and culture have a relation to corrupt practices. However, what about the influence of religion on corruption? Recently, there is an increasing interest in understanding the relationship between religion and corruption; could religion prevent corruption? This paper discusses the effect of religiosity on bureaucratic corruption in Indonesia. The results show that corrupt practices are negatively associated with religious heritage, signifying that religious culture takes a positive role in delimiting corrupt practices of government officials since religion has an influence on the normative anti-corruption paradigm. This paper also finds the negative relationship between religion and corruption is weaker for people who had experience requested by an official to paid illicit payment, which identifies the substitution chance of religious ethic and law enforcement in curbing corruption. Given the very few studies and limited data resources in the context of Indonesia, this paper is only a tentative study to contributes to the discussion of religion and corruption relations.
KONSTITUSIONALITAS PASAL 222 UU NOMOR 7 TAHUN 2017 TENTANG PEMILU (PRESIDENTIAL TRESHOLD) Taufiqurrohman Syahuri; Muhammad Helmi Fahrozi
AL WASATH Jurnal Ilmu Hukum Vol 1 No 1 (2020): AL WASATH Jurnal Ilmu Hukum
Publisher : Prodi Ilmu Hukum Universitas Nahdlatul Ulama Indonesia

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Abstract

The President and Vice Presidential election in Indonesia is manifestation of people’s sovereign. In that regards, it mechanism should be implemented in accordance with the UUD 1945 Constitution and be based on democratic values. This paper explores the role of Constitutional Court in settling the dispute on presidential treshold. This paper examines the relevancy between Art. 6A paragraph 1 UUD 1945, The role of Constitutional Court, and democratic values on the implementation of presidential treshold. In short, this paper analyzed the constitutionality of Art. 222 UU 7/2017 Election Law.
URGENCY OF REFORMING THE SOCIAL SECURITY ORGANIZING BODY IN THE WELFARE STATE FRAMEWORK Roziqin Roziqin
AL WASATH Jurnal Ilmu Hukum Vol 1 No 1 (2020): AL WASATH Jurnal Ilmu Hukum
Publisher : Prodi Ilmu Hukum Universitas Nahdlatul Ulama Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47776/alwasath.v1i1.28

Abstract

To realize social security, especially in the health sector, Indonesia established Law Number 40 of 2004 concerning the National Social Security System (SJSN) and Law Number 24 of 2011 concerning the Social Security Organizing Body (BPJS). Law Number 24 of 2011 targeted all Indonesian citizens to become BPJS participants in 2019, including even foreign nationals who have lived for more than six months. However, BPJS, as a public legal entity, has not yet shown excellent performance, as indicated by its deficit every year. This study uses a qualitative approach that is descriptive normative, to explain the concept of the welfare state in the National Social Security System in Indonesia, the implementation of the welfare state in the management of BPJS Healthcare in Indonesia, as well as the reforms needed for the BPJS. This study shows that the Indonesian government has an extensive role in implementing the welfare state concept in the Social Security System by forming BPJS. That significant role is starting from the formulation, management, to the accountability of the BPJS Healthcare. However, the implementation of the welfare state has not been put in proper way by the BPJS Healthcare, so that the government needs to reform the BPJS Healthcare.
PERAN PERBANKAN SYARI’AH DALAM PENGELOLAAN WAKAF UANG DI INDONESIA Mohammad Aniq Kamaluddin
AL WASATH Jurnal Ilmu Hukum Vol 1 No 1 (2020): AL WASATH Jurnal Ilmu Hukum
Publisher : Prodi Ilmu Hukum Universitas Nahdlatul Ulama Indonesia

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Abstract

Waqf is known as a Muslim who has a finger shape that has an important role in the welfare of society. One form of endowment that has recently begun to be introduced in many parts of the Islamic world is the endowment of money. The practice of endowment of money that occurs in Islamic Countries uses the shari'ah bank as the manager of the endowment of that money. Likewise in Indonesia has issued a waqf law that allows waqf for movable objects consisting of money through Islamic financial institutions appointed by the Minister of Religion. The main problem in this research is the Role of the Sharia Bank in the Management of Money Waqf. In the publication of this journal, the author uses a library book, where the results of the literature review are taken from books, magazines, scientific works that are questioned with syariah banking and endowments, then the analysis writer uses descriptive analytic methods and content analysis. In this study, the authors found the role of Islamic banks is very necessary in the management of waqf money because the principle of waqf whose principal funds do not require much help the role of expert managers in this case the bank is the best alternative to manage social funds, has credibility and has associated with deposit insurance institutions .
PSIKATER DALAM SISTEM PERADILAN PIDANA Ikhsan Alfarisi
AL WASATH Jurnal Ilmu Hukum Vol 1 No 1 (2020): AL WASATH Jurnal Ilmu Hukum
Publisher : Prodi Ilmu Hukum Universitas Nahdlatul Ulama Indonesia

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Abstract

Criminal law provides the requirement that said someone committing a crime must fulfill the element of action that is legally violated by law or has a normative nature against the law, in addition it is seen the causality of the criminal act with an element of error from within the perpetrator, meaning one's ability to be responsible. Here in lies the urgency of the existence of a psychiatrist in the criminal justice system in determining the degree of a person's ability to be responsible and the causality of actions with their mistakes. The purpose of this paper is to determine the role and position of psychiatrists in the criminal justice system. The research method in this paper uses literature research, with a juridical-normative approach meaning an approach based on legal rules as an abstract provision or in other words a method or procedure used to solve a problem by conducting research on secondary data . The results of the discussion showed the role of the psychiatrist as the legal agent of the law enforcement apparatus and in the criminal justice system as an expert in each stage of the examination in the criminal procedure law both in the investigation stage, additional examination in the prosecution and expert statement on the evidence at the trial.
SIAPAKAH MANUSIA DALAM KONSTITUSI KITA? Rian Adhivira Prabowo
AL WASATH Jurnal Ilmu Hukum Vol 1 No 1 (2020): AL WASATH Jurnal Ilmu Hukum
Publisher : Prodi Ilmu Hukum Universitas Nahdlatul Ulama Indonesia

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Abstract

Zuchron mencoba pertanyaan tersebut dengan mengurai ontologis manusia melalui analisis Wujud dan Mahiyyah, Wujud Kharij dan Wujud Dzihni, dan Tasykik Al-Wujud, serta epistemologisnya yaitu melalui analisis Ma’qulat, Kulli Musyakkik, dan I’tibari. Pada pokoknya, analisis tersebut sebetulnya bermuara untuk menjawab satu pertanyaan, siapakah manusia itu dalam konstitusi. Dari situlah Zuchron berpendapat yang menurut saya menjadi bagian paling penting dalam buku ini: bahwa terdapat klasifikasi tentang manusia yang terdapat secara eksplisit dalam hukum yaitu antara lain konsep rakyat, warga negara, penduduk, orang, manusia, masyarakat, bangsa, dan umat, ditambah dengan manusia (dalam HAM). Klasifikasi tersebut menjadi penting karena mengandung muatan yang berbeda-beda. Zuchron mencotohkan, pada tingkat individu, seseorang bisa saja memiliki pluralitas atribut, namun sebagai warga negara, maka pluralitas atribut tersebut seharusnya memiliki hak yang sama dihadapan hukum. Demikian pula dengan frasa “setiap orang” dalam Pasal 28A s.d. 28J UUD 1945 yang merupakan bab khusus mengenai HAM. Penyematan setiap orang tersebut memiliki cakupan yang lebih luas dibandingkan dengan penggunaan frasa “setiap warganegara”.
VICE PRESIDENT'S POWER AND ROLE IN INDONESIAN GOVERNMENT POST AMENDMENT 1945 CONSTITUTION Roziqin Roziqin
AL WASATH Jurnal Ilmu Hukum Vol 1 No 2 (2020): AL WASATH Jurnal Ilmu Hukum
Publisher : Prodi Ilmu Hukum Universitas Nahdlatul Ulama Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47776/alwasath.v1i2.57

Abstract

Politicians are fighting over the position of Vice President. However, after becoming Vice President, they could not be active. The Vice President's role is only as a spare tire. Usually, he would only perform ceremonial acts. The exception was different when the Vice President was Mohammad Hata and Muhammad Jusuf Kalla. Therefore, this paper will question: What is the position of the President in the constitutional system? What is the position of the Vice President of Indonesia after the amendment of the 1945 Constitution? Furthermore, how is the role sharing between the President and Vice President of Indonesia? This research uses the library research method, using secondary data. This study uses qualitative data analysis methods in a prescriptive-analytical form. From the research, the writer found that the President is assisted by the Vice President and ministers in carrying out his duties. The President and the Vice President work in a team of a presidential institution. From time to time, the Indonesian Vice President's position has always been the same to assist the President. The Vice President will replace the President if the President is permanently unavailable or temporarily absent. With the Vice President's position who is directly elected by the people in a pair with the President, he/she is a partner, not subordinate to the President. Moreover, due to his/her capacity and support from his/her team, the Vice President must be empowered to benefit the nation and state.
PENGUATAN HUKUM PENGADAAN BARANG DAN JASA PEMERINTAH UNTUK MEMPERCEPAT PEMBANGUNAN INDONESIA Muhammad Rusydi
AL WASATH Jurnal Ilmu Hukum Vol 1 No 2 (2020): AL WASATH Jurnal Ilmu Hukum
Publisher : Prodi Ilmu Hukum Universitas Nahdlatul Ulama Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47776/alwasath.v1i2.58

Abstract

Indonesia's infrastructure development has become the government's top priority. This is continuous with the efforts of economic growth that has continued to be driven for five years. One year of change of government recorded, Indonesia's Economic Growth grew about 4.73% in September 2015. The development of infrastructure that continues to be driven must be supported by a strong legal standing to accelerate development. At present there is a new regulation regarding the law on procurement of government goods and services, namely Presidential Regulation Number 16 of 2018 concerning Procurement of Government Goods and Services, but seeing the urgency and needs in the field, the existence of Presidential Regulation number 16 of 2018 needs to be replaced with the type of regulation more than just a Presidential Regulation. The substitution could have been changed, which was originally a Presidential Regulation into a Law on the procurement of Government Goods and Services. Legal Strengthening the procurement of Government Goods and Services will be a strong foundation to accelerate development which is one of the priorities of the Indonesian government.
KONSTITUSIONALITAS PESANTREN PASKA DISAHKANNYA UU 18 TAHUN 2019 Erfandi Erfandi
AL WASATH Jurnal Ilmu Hukum Vol 1 No 2 (2020): AL WASATH Jurnal Ilmu Hukum
Publisher : Prodi Ilmu Hukum Universitas Nahdlatul Ulama Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47776/alwasath.v1i2.59

Abstract

The constitutionality of Islamic boarding schools in Indonesia is experiencing a very long dynamic. Starting from the historical aspect of the establishment of the Islamic boarding school, the function of the pesantren to allowing the pesantren to collaborate with the world abroad. The state seems to be absent from the existence of Islamic boarding schools, although pesantren is the first education that has distinctive characteristics compared to education outside Indonesia. However, to be different, the existence of Islamic boarding schools and the recognition of syahadah as pesantren certificates were increasingly recognized after the passage of Law 18 of 2019 on Islamic boarding schools was passed by the Parliament together with the government.
STRATEGI PENGAWASAN TERHADAP UJARAN KEBENCIAN DI MEDIA SOSIAL PADA PEMILU Dewi Anggraeni; Adrinoviarini Adrinoviarini
AL WASATH Jurnal Ilmu Hukum Vol 1 No 2 (2020): AL WASATH Jurnal Ilmu Hukum
Publisher : Prodi Ilmu Hukum Universitas Nahdlatul Ulama Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47776/alwasath.v1i2.60

Abstract

The political year is a fertile vehicle for disseminating news of hate speech, forms of intolerance, and false information (hoaxes) decorating the Indonesian social media universe. Election campaigns provide fertile ground for hate speech and incitement, especially on social media. This research aims to analyze and identify the prevalence of hate speech in the DKI Jakarta gubernatorial election by evaluating the regulations regarding hate speech on social media according to stakeholders and appropriate and effective strategies in preventing and taking action against hate speech violations in the Pilkada/Election. This type of research is descriptive qualitative, which portrays the phenomenon of the DKI Jakarta governor election in 2017, The data collection technique used was a focus group discussion by inviting several sources. The results of this study reveal that; Hate speech in 2017 on social media, especially Facebook, has increased in the momentum of the Pilkada. The ITE Law and SE / 06 / X / 2015 have been implemented by various stakeholders as an effort to prevent and prosecute hate speech offenders, although this has not been maximized due to the weak media literacy of Indonesian society itself. The case for the 2017 DKI Jakarta election as a prototype for the National Election. Therefore, election organizers need to pay special attention to monitoring social media during the election period.

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