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AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW

assiyasi
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Published by Universitas Islam Negeri Raden Intan Lampung

ISSN : - EISSN : 27983528 DOI : 10.24042/as-siyasi.v1i2.11343

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice Social Sciences

As-Siyasi: Journal of Constitutional Law adalah jurnal ilmiah yang diterbitkan oleh Prodi Hukum Tatanegara (SiyasahSyar’iyyah) Fakultas Syari’ah Universitas Islam Negeri Raden Intan Lampung dalam dua periode pertahun. Jurnal ini membahas perkembangan hukum tatanegara yang dilihat dalam berbagai khasanah keilmuan dengan berbagai pendekatannya. Ruang lingkup jurnal As-Siyasi menfokuskan pada kajian HukumTata Negara dan HukumTata Negara Islam.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 57 Documents

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Pengangkatan Menteri dalam Sistem Presidensial di Indonesia Perspektif Imam Al-Mawardi Panggih Fadhilla Paramadina; M. Yasin Al Arif
As-Siyasi : Journal of Constitutional Law Vol 1, No 2 (2021): As-Siyasi
Publisher : Universitas Islam Negeri Raden Intan Lampung

The election of ministers on Wednesday, October 23, 2019 by President Joko Widodo sparked public controversy, for appointing the figure of Fachrul Razi as Minister of Religion. Fachrul Razi is considered controversial, because his background comes from the military and has no history of joining a religious base. Apart from that, the fatness of the Advanced Indonesia Cabinet is undeniably a result of the fat coalition supporting the Jokowi-Ma'ruf Amin government, the fat coalition has an impact on the weak opposition which should play an important role in controlling government policies, while the fat coalition in the Advanced Indonesia Cabinet has the potential to make the decision-making process worse. The effectiveness of the decision is reduced. Because of this, the author interested in studying how the ministerial implementation should be in accordance with Law No. 39 of 2008 concerning the Ministry by using the perspective of Imam Al-Mawardi in the appointment of wazir (assistant caliphs) who are in harmony with the appointment of ministers in Indonesia. The purpose of this research is to provide a breakthrough to examine the system of appointing ministers in accordance with Islamic law. One approach that can be used as an example is to use Imam Al-Mawardi's perspective analysis in reviewing the ministerial appointment system in the government structure in Indonesia. The government structure in Indonesia through the analysis of Imam Al-Mawardi's perspective is of course in accordance with Islamic law and can be carried out by the President by always fulfilling the requirements and appointment procedures as stipulated in Law No. 39 of 2008 concerning the Ministry. The method used in this study uses two approaches to get valid results, namely the conceptual approach and the statutory approach.

Upaya Pemerintah Desa terhadap Kebijakan Pembatasan Sosial Berskala Besar di Desa Jatibaru Lampung Selatan Norma Setiyana; Dani Amran Hakim
As-Siyasi : Journal of Constitutional Law Vol 1, No 2 (2021): As-Siyasi
Publisher : Universitas Islam Negeri Raden Intan Lampung

Based on Government Regulation Number 21 of 2020 concerning Large-Scale Social Restrictions in the Context of Accelerating the Handling of Corona Virus Disease 2019, it is hoped that it can suppress the spread of Covid-19. The implementation of these regulations certainly takes into account the situation and condition of an area. The method used is a descriptive qualitative field research. The analysis used is descriptive analysis method. The efforts made by Jatibaru Village, South Lampung Regency, have been implemented through the South Lampung Regent Circular Number: 442.2/0994/IV.02/2020 concerning Prevention of Corona Virus Disease (Covid-19) South Lampung Regency. The circular contains steps that must be taken in response to the development of the spread of Covid-19. These measures include school holidays, the establishment of a Covid-19 task force, postponement of activities that involve large numbers of people, providing hand washing facilities and hand sanitizers, as well as appeals to the public not to panic and continue to practice clean and healthy lifestyles. The circular letter is also a response from the regional government to Government Regulation Number 21 of 2020 concerning Large-Scale Social Restrictions or PP 21/2020 PSBB.

Kontekstualisasi Prinsip Kekuasaan sebagai Amanah dalam Pertanggungjawaban Presiden dan Wakil Presiden Republik Indonesia Yuniar Riza Hakiki
As-Siyasi : Journal of Constitutional Law Vol 2, No 1 (2022): As-Siyasi
Publisher : As-Siyasi : Journal of Constitutional Law

This study aims to analyze the contextualization of the principle of power as a mandate in institutionalizing the accountability of the President according to the 1945 Constitution of the Republic of Indonesia. This research is normative juridical, which uses secondary data. The study found that the contextualization of the principle of power as a mandate in the accountability of the President/Vice President of the Republic of Indonesia is institutionalized through a number of provisions stipulated in the 1945 Constitution of the Republic of Indonesia, including: (1) the responsibility of the President in the event of a dispute over authority between State Institutions in the Constitutional Court, as accountability for the implementation of its authority; (2) the responsibility of the President if he is suspected of violating the law and the constitution, as accountability for the actions committed; (3) The President is also responsible in cases of judicial review of the Constitution, as his responsibility in forming and enacting laws; (4) The President is also responsible in cases of reviewing statutory regulations under the Act against the Law, as his responsibility in forming and enacting laws; and (5) political accountability directly to the people

Pengelolaan Pajak Reklame: Upaya Meningkatkan Pendapatan Asli Daerah Moh. Hudi
As-Siyasi : Journal of Constitutional Law Vol 2, No 1 (2022): As-Siyasi
Publisher : Universitas Islam Negeri Raden Intan Lampung

Tax is an important thing to be used as a means of carrying out government affairs, one of which is the advertisement tax. Based on Article 285 paragraph (1) letter a of Law Number 23 of 2014 concerning Regional Government, it is determined that the source of regional income consists of: regional original income which includes regional taxes. This study uses a qualitative descriptive method to get an overview and understanding of its relation to local tax revenue and management. The purpose of increasing regional tax revenues also includes increasing regional original income, so that regional taxes must always be increased to be used as much as possible in the interests of the people in accordance with the ideals of the nation, namely for the welfare of the people, the intellectual life of the nation and social justice. Advertisement taxpayers who are still not aware of their obligations to pay taxes and must also comply with applicable laws and regulations. Advertising must comply with applicable regulations cannot be installed in accordance with the wishes of the installation without heeding the applicable legal rules.

Kedudukan Kejaksaan di Indonesia: Perspektif Fiqih Siyasah Ario Feby Ferdika; Fathul Mu’in; Abidin Latua; Hendriyadi Hendriyadi
As-Siyasi : Journal of Constitutional Law Vol 2, No 1 (2022): As-Siyasi
Publisher : Universitas Islam Negeri Raden Intan Lampung

Law Number 16 of 2004 concerning the Attorney General's Office places the prosecutor's office as an executive body, but Law Number 48 of 2009 concerning judicial power places the position of the prosecutor as a judicial body. In Islamic law, the position of the prosecutor's office is not clearly explained, but the position of the prosecutor's office can be likened to the wilayah al-hisbah. However, the position of the prosecutor's office in Indonesia is still not in accordance with the rules of Islamic law. This study aims to determine the position of the prosecutor in the institutional structure of the Indonesian state and analyze it from the perspective of siyasah fiqh. This research is a normative legal research using secondary data in the form of primary, secondary and tertiary legal materials. This study concludes that the position of the Prosecutor's Office is one of the state institutions which is not clearly explained in the siyasa dusturiyah, but the duties and functions of the Prosecutor's Office in general can be similar to the wilayah al-hisbah. The Prosecutor's Office in the general court can be found in Islamic courts, namely the Al-Hisbah Area, or it can also be called in modern language Qadha' Hisbah. Al-Hisbah Territory is a body that adjudicate violations of shari'a outside the court, not because of demands from the prosecution, but because of violations. Although in some respects, the Al-Hisbah Region and the prosecutor's office have differences in some tasks and places to adjudicate a case. Where in the wilayah al-hisbah tried him outside the court, while the Prosecutor's Office tried him in the trial or court.

Rehabilitasi Sosial Pecandu Narkoba Melalui Terapi Musik dalam Perspektif Hak Asasi Manusia Zainudin Hasan; Rissa Afni Martinouva; Kartika Kartika; Habib Shulton Asnawi; Uswatun Hasanah
As-Siyasi : Journal of Constitutional Law Vol 2, No 1 (2022): As-Siyasi
Publisher : Universitas Islam Negeri Raden Intan Lampung

Music therapy is the professional use of musical interventions and their elements in a therapeutic relationship to achieve specific goals. Rehabilitation of drug addicts through music therapy is one of the concepts of social rehabilitation by helping to recognize and accept different emotions, develop expressive abilities and self-awareness, increase self-confidence, and facilitate relaxation and reduce stress. The research method used in this research is field research. Based on research conducted by the author at the Way Huwi Narcotics Penitentiary, Lampung Province, using the concept of passive music therapy by only listening to music, the object of research tends to only reach the stage of feeling calm and not yet at the stage of changing mindset significantly to leave old habits and replace them with habits. While the activities carried out in the active music therapy process can include singing, songwriting, improvisation, and performing performances that have therapeutic elements so that the use of active music therapy tends to provide a maximum role rather than just listening. Based on the perspective of human rights, this rehabilitation is in line with the recognition of human rights in the 1945 Constitution which is contained in Article 28A, Article 28C paragraph 1 and then Article 28H paragraph 2.

Problematika Kebijakan Penindakan Pelanggaran Lalu Lintas pada Anak di Masa Pandemi Covid-19 Hasanuddin Muhammad; Rika Rahmanisa Putri; Zuhraini Zuhraini; Agus Alimuddin
As-Siyasi : Journal of Constitutional Law Vol 2, No 1 (2022): As-Siyasi
Publisher : As-Siyasi : Journal of Constitutional Law

The policy problem of enforcing traffic violations by children during the Covid-19 pandemic is important to discuss based on the impact on the safety of children and the safety of others. The safety impacts are both caused by the threat of accidents and the threat to safety due to the spread of Covid-19. Specifically, this study will address the policy problems of enforcing traffic violations against children during the Covid-19 pandemic in three aspects, namely positive legal aspects, Islamic law and legal culture. This research was conducted at the Tulang Bawang Police Resort by interviewing the traffic department and studying traffic violation documents. Data analysis uses an analytical normative approach based on positive legal theory, Islamic law and legal culture. Legally, the enforcement of traffic violations by children during the Covid-19 pandemic is based on policy regulations. Legally, the policy is positive in accordance with the provisions of the Government Administration Act. According to Islamic law, the policy contains dharuriyat matters and culturally the law of children and their parents as well as law enforcement officers to put forward a culture of obeying the law.

Bagaimana Hubungan Pusat dan Daerah Pasca Penetapan Undang-Undang Cipta Kerja? Kasus Penetapan Pajak Daerah Nabila Alif Radika Shandy; Allan Fatchan Ghani Wardhana
As-Siyasi : Journal of Constitutional Law Vol 2, No 1 (2022): As-Siyasi
Publisher : Universitas Islam Negeri Raden Intan Lampung

The relationship between the Central Government and Regional Governments in determining regional tax rates and regional levies has overlapping authorities after the enactment of the Job Creation Act. This study proposes two problem formulations. First, how is the relationship between the central government and regional governments in determining local tax rates after the enactment of Law Number 11 of 2020 concerning Job Creation? Second, what are the juridical implications of setting local tax rates after the enactment of Law Number 11 of 2020 on the Authority of Regional Governments? The research method used is juridical-normative by using primary, secondary, and tertiary legal materials. The approach used is a statutory and conceptual approach. The results reveal that first, the relationship between the Central Government and Regional Governments in determining regional tax rates and regional retributions after the enactment of the Job Creation Law is carried out by the Regional Government with the involvement of the Central Government. It is known that at the time of the formation of regulations in the field of regional tax rates, the Central Government can change the tax rates and levy rates by determining the nationally applicable tax and levy rates and evaluating both Regional Regulations and Draft Regional Regulations regarding taxes and levies that hinder investment ecosystems and ease of doing business. Second, prior to the enactment of the Job Creation Act, the regional government had the authority to determine regional tax rates and regional retributions, so that in this case, the decentralization system runs fully, while after the enactment of the Job Creation Act, the regional government's authority in administering the government, in particular the area of regional taxes and levies, does not fully reflect the decentralized system due to intervention from the central government.Keywords: Relations, Central Government, Local Government, Tariffs, Local Taxes

The Impact of Formal Military Militias on the Democratic Transition Process in Post-2014 Iraq Shamall Ahmad Ibrahim; Abdulkarim Fattah Amin; Nabaz Jamal Kamaladdin; Awat Muhammad Agha Baba; Ahmad Muhammad Rashid Mira; Aryan Sidiq Aziz
As-Siyasi : Journal of Constitutional Law Vol 2, No 2 (2022): As-Siyasi
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v2i2.14290

One of the ways to the democratization process is through Military Forces. In this study, we identify and delve into the impact and influence of non-state armed groups on the democratization process in deeply divided societies, such as Iraqi society. At the beginning of the paper, we examine the Kurdish force (Peshmerga) and Shia armed groups (Popular Mobilization Forces – PMF) and assess their legal basis according to the Iraqi Post-2003 constitution. Furthermore, we will discuss in detail the role that these groups will play in strengthening and supporting a democratic transition. The main question in our research is to determine the role that these mentioned armed groups will play in Post-2014 Iraq, how they will contribute to preserving political stability, and also which position they will take in the democratic transition process. In this descriptive study, we employ an analytical approach to analyze the role of militias in Iraq, and a legal approach to explain the constitutional and legal articles that categorize these military forces as regular forces alongside the forces of the Iraqi Ministry of Defense. This research concludes that militias have a negative role in democratic transition, and countries must strive to dismantle these forces if they are not recognized as constitutional forces.

Problematika Implementasi Kebijakan Kota Bandar Lampung dalam Mewujudkan Ketentraman dan Ketertiban Umum: Perspektif Siyasah Dusturiyah Ullynta Mona Hutasuhut; Zuhraini Zuhraini; Agus Hermanto; Triono Triono
As-Siyasi : Journal of Constitutional Law Vol 2, No 2 (2022): As-Siyasi
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v2i2.12961

The regional government of the city of Bandar Lampung has established Regional Regulation Number 1 of 2018 concerning Public Peace and Order with the aim of creating a peaceful and orderly environment and peace especially for the people of Bandar Lampung. There are very many obstacles faced by the government in dealing with problems in society, for example, informal businesses or street vendors (PKL) are considered to disturb public order, the comfort and beauty of the city, because traders use public spaces such as sidewalks for pedestrians, parking areas, roadside as a place of business activities so that it causes chaos such as traffic jams and the city is dirty due to garbage. This research is descriptive in nature with a qualitative method The results of this research are that the government has not been able to make firm policies in imposing sanctions, coaching the community and street vendors so that benefits are created without harming either party. So the Effectiveness of the Implementation of the Bandar Lampung City Regional Regulation Number 1 of 2018 concerning Public Peace and Order can be seen to be going well. From the siyāsa dusturiyyah perspective, the government has not been able to make firm policies so that benefits are created without harming one party, as explained in the rule of fiqh that all affairs of Muslims must lead to good things

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M. YASIN AL ARIF

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Jl. Letnan Kolonel H Jl. Endro Suratmin, Sukarame, Kec. Sukarame, Kota Bandar Lampung, Lampung 35131

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Kota bandar lampung,

Lampung

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name M. YASIN AL ARIF

Contact Email as_siyasi@radenintan.ac.id

Phone +6281273437706

Journal Mail Official as_siyasi@radenintan.ac.id

Editorial Address Jl. Letnan Kolonel H Jl. Endro Suratmin, Sukarame, Kec. Sukarame, Kota Bandar Lampung, Lampung 35131

Location Kota bandar lampung, Lampung INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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Abstract

Contact Name
M. YASIN AL ARIF

Contact Email
as_siyasi@radenintan.ac.id

Phone
+6281273437706

Journal Mail Official
as_siyasi@radenintan.ac.id

Editorial Address
Jl. Letnan Kolonel H Jl. Endro Suratmin, Sukarame, Kec. Sukarame, Kota Bandar Lampung, Lampung 35131

Location
Kota bandar lampung,

Lampung

INDONESIA