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AL-Daulah
Published by Universitas Islam Negeri Alauddin Makassar
ISSN : 2303050x     EISSN : 25805797     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan (Al-Daulah : Journal of Criminal Law and Constitution) focuses on areas in Islamic Criminal and Constitution Law.
Arjuna Subject : -
Articles 4 Documents
 1 
Search results for , issue "VOL 10, NO 1 (2021)" : 4 Documents clear
Implementation of Sanctions in Regional Regulation Number 2 Year 2020, Gowa District Perspective Saddu Zari'ah Abdul Halim Talli
Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan VOL 10, NO 1 (2021)
Publisher : Jurusan Hukum Tatanegara Fakultas Syari'ah dan Hukum UIN Alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/ad.v10i1.22198

Abstract

The Gowa Regency Government enforces Regional Regulation No. 2/2020 concerning Mandatory Masks and Implementation of Health Protocols in Preventing the Spread of Corona Virus Disease 2019 on September 21, 2020. The enactment of this regional regulation has drawn a lot of criticism and protests from the public, especially those who have been caught in the operation of law enforcement. The bylaw is interesting to study further for reasons. First, this regional regulation was born and enforced for people affected by Covid-19 who feel the impact in various aspects of life. Second, the spread of the 2019 corona virus disease is determined by the Central Government as a non-natural national disaster, therefore the regulations governing it are also stipulated by the Central Government. This study is viewed from two aspects, namely: 1) What is the legal position of Perda No. 2 of 2020 Gowa Regency according tao the laws and regulations in Indonesia? and 2) What is the saddu zari'ah perspective on the enforcement of the sanctions in the perda? This study is expected to provide insight regarding the legal position of Perda No. 2 of 2020, Gowa Regency, as well as revealing the saddu zari'ah perspective on the imposition of sanctions in the perda. This discussion uses a juridical-syar'iy approach. This study shows that Regional Regulation Number 2 of 2020 Gowa Regency is legal and binding in accordance with the applicable laws and regulations. The Perda fulfills the formal and material requirements in the formation of legislation in Indonesia. Meanwhile, the saddu zari'ah perspective on the imposition of sanctions in this regional regulation is in accordance with the Shari'a, because the imposition of sanctions leads people to comply with the obligation to wear masks and implement health protocols to avoid and control the transmission of covid-19.
The Experience of Indonesian Migrant Workers in Taiwan during Covid-19 Pandemic: A ‘right-based’ Analysis Yuherina Gusman
Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan VOL 10, NO 1 (2021)
Publisher : Jurusan Hukum Tatanegara Fakultas Syari'ah dan Hukum UIN Alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/ad.v10i1.21080

Abstract

Covid-19, which has attacked the world since the end of 2019, has had a global impact both economically and socially to the world community. Taiwan is one of country categorized as quite successful in dealing with Covid-19. From December 2019 until March 2021 there were 177,578 reported cases in Taiwan with a total of 976 positive cases and resulted in 10 deaths. A very small number compared to other cases that occur in other parts of the world. However, behind all that successful story, migrant workers in Taiwan are still forgotten during the pandemics. Migrant workers, particularly Indonesian migrant workers, who make up the majority in Taiwan, receive the least sympathy and understanding from the community. Several human rights issues confronted Indonesia Migrant Workers during the Covid-19 pandemic, including discrimination, loss of spatial public space, strict mobility limitations, concern for the family in Indonesia, a higher burden of common mental health, and a lower quality of life than local society, difficulty accessing health services and masks, and difficulty returning home. The purpose of this paper is to demonstrate how Indonesian migrant workers' rights were violated in Taiwan during the two phases of the Covid-19 pandemic. The data was collected through interviews, observation, and then was analyzed using the "rights-based" approach. The first phase lasted from December 2019 to March 2020, when the pandemic was still in its early stages, and the second phase lasted from March 2020 to January 2021, after the Taiwan government succeeded in controlling the pandemic
State Protection Against Action Of Persection And Intolerance During The Covid-19 Pandemic Mulyati Pawennei; Lisa Mery; Syamsiar Arief
Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan VOL 10, NO 1 (2021)
Publisher : Jurusan Hukum Tatanegara Fakultas Syari'ah dan Hukum UIN Alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/ad.v10i1.21078

Abstract

The purpose of writing this article is to focus on how the Indonesian state in accordance with the Contitution, makes the protection of citizen’ rights as one of the main characteristics of the implementation of human rights. In the process important issues that deserve to be studied in depth were discovered (1) the role of the state institutionally protecting citizens from acts of persecution and intolerance that also occurred during the Covid-19 pandemic; (2) prevention of acts of persecution and intoleranceaffecting the life of the nation and state in the past five years occurated in the Covid-19 pandemic. The results of the study provide a perspective that legal efforts which are a form of the existence of the practice of Pancasila and UUD 1945 including the implementation of protection of human rights in Law number 39/1999 concerning Human Rights as legal umbrella that must be upright and firm in its implementation, because law emforcement in human rights will fatale consequences with the destruction of diversity in the Republic of Indonesia, during the Covid-19 pandemic it turned out that persecution and intolerance continued and needed consistency in the protection of human rights law in accordance with the mandate of Pancasila as a value and UUD 1945 as a legal norm.
Early Marriage According To Islamic Law Delti Hidayati; Nur Halimah Assa'diah
Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan VOL 10, NO 1 (2021)
Publisher : Jurusan Hukum Tatanegara Fakultas Syari'ah dan Hukum UIN Alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/ad.v10i1.21079

Abstract

Marriage is a form of worship, this is in line with the definition of marriage in the Islamic Law Compilation which reads; marriage is a very strong mitsaqan ghalizhan contract to obey Allah's commands and carry out it is worship. Religion and state also provide rules for marriage, especially at the age of the prospective husband and wife, so that it can be considered mature, with the aim of achieving sakinah mawaddah warahmah. However, there were several cases of underage marriage in Indonesia. And it is in the background of many factors and their respective goals. Among the factors are wanting to maintain religion, honor and achieve happiness and welfare. Such as the case of early marriage in the Tanjung Morawa area in Bangun Sari Village. They decided to get married because the candidates who came were people of good religion and morals, so that the married life they live is blessed according to their hopes and dreams.

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