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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 9 Documents
 1 
Search results for , issue "VOL 11, NO 2 (2022)" : 9 Documents clear
The Position of Ministerial Instructions in the Indonesian State Administration System on the Enforcement of Restrictions on Community Activities (PPKM) Muhammad Mutawalli; Mukhtar Lutfi; Mukhlis Latif
Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan VOL 11, NO 2 (2022)
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.vi.26640

Abstract

This study discusses the position of ministerial instructions in the Indonesian constitutional system for the implementation of restrictions on community activities as a result of the widespread spread of the corona virus disease (Covid-19) in Indonesia. The government issues policies that limit community activities, as well as other directives. Although the policy is considered effective by the government, it must be in line with the prevailing laws and regulations in Indonesia. This research is a normative research that uses legal material collection techniques through library research methods and is described qualitatively. This study explains how the position of ministerial instructions in the Indonesian constitutional system, the legal basis for the Enforcement of Community Activity Restrictions (PPKM) to the legal politics of regulating the Enforcement of Community Activity Restrictions (PPKM). The conclusion of this study is that the PPKM policy is a formal policy that is flawed, because Article 8 paragraph (2) of Law Number 12 of 2011 is violated in the stipulation of legislation. Although there are formal defects in the training process, PPKM substantially has similar characteristics to PSBB, which is regulated in Law Number 6 of 2018 concerning Health Quarantine and Government Regulation Number 21 of 2020. So it can be said that the legal product for implementing PPKM does not conflict with the rules laid down. above or above. Based on Law Number 2 of 2014 concerning Regional Government, health is not the absolute authority of the central government. Therefore, local governments have the authority to determine and enact regional regulations that specifically regulate PPKM. Keywords: The Minister’s Instruction; Constitutional System; PPKM
Penataan Mekanisme Seleksi Keanggotaan Komisi Pemilihan Umum (KPU) yang Independen Dan Partisipatif Rinaldy aldy
Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan VOL 11, NO 2 (2022)
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.vi.30475

Abstract

A democratic general election requires an election organizer that is independent and free from interference from any party. However, the fact that many KPU commissioners are considered not neutral and entangled in corruption cases seems to strengthen public assumptions about the low quality of KPU membership selection. This study intends to analyze the problems in the KPU membership selection mechanism, as well as to formulate the idea of ​​structuring a more independent and participatory selection mechanism in the future. In this study of normative law, a statute approach and a conceptual approach are used. The results show that the involvement of the DPR in testing candidates for KPU members is one of the gaps for the inclusion of political elements in the KPU membership selection. In the future, it is necessary to minimize the authority of the DPR in the selection mechanism. Involvement of community participation in the formation of the selection committee and the selection process is also needed to produce a higher quality selection mechanism
Sengketa Pembiayaan Akad Murabahah: Analisis Komparasi Muhammad Ikhlas Supardin; JM Muslimin
Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan VOL 11, NO 2 (2022)
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.vi.30519

Abstract

This study aims to analyze comparation of the South Jakarta Religious Court in deciding cases no. 1957/Pdt.G/2018/PA.JS and no. 407/Pdt.G/2019/PA.JS. This research based on normative legal, known as doctrinal legal research. The approaches used in this study were the statute approach, case approach and comparative approach. The results of this study indicate that the two decisions are based on legal considerations by the judge by referring to legal arguments and related laws. The judge granted the plaintiff's request in decision no. 1957/Pdt.G/2018/Pa.Js. Otherwise the decision no. 407/Pdt.G/2019/Pa.Js, the judge rejected the plaintiff's application in its entirety. Both of decisions are included in the case of deffered payment financing, but there are differences in the legal considerations by the judges of the South Jakarta Court so that there are different decision. Keywords: Dispute Settlement; Deffered Payment Financing; Religious Court Decision
The Role of Constitutional Law in Improving Student's Critical Thinking Ability Through Online Learning Abdul Rahman
Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan VOL 11, NO 2 (2022)
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.vi.31794

Abstract

Lecturers are required to be effective and up to date in maximizing the use of existing learning technology to respond to the demands of very rapid technological developments and the demands of competition in the era of globalization. The application of self-directed and distance learning should be introduced and implemented in universities. Involvement in the application of online learning systems must be able to encourage students to always think critically. In the present context, critical thinking is a must for students. This paper discusses the role of constitutional law courses in increasing the critical power of students in online learning. This research uses a field study and literature study approach, which combines data obtained from various literature in the form of books, journal articles, and facts in the field. In short, this study found that online learning can be a good support for students to improve their critical thinking skills. However, there are several problems in its implementation which include socio-cultural problems, previous offline learning habits, and the habit of using the latest technology in learning. Well-designed online discussions, critical thinking learning content, and instructions that are formulated and given appropriately are some of the factors needed and become recommendations for lecturers in carrying out online learning to improve students’ critical thinking skills. Keywords: Students’ Critical Thinking, Constitutional Law, Online Learning
The Concept for Establishing Ideal Regional Regulations for Economic Improvement in Bone District Nurdin; Djuniarti
Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan VOL 11, NO 2 (2022)
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.vi.32054

Abstract

This study aims to determine whether regional regulations, especially local taxes and levies related to the local revenue of Bone City, have met the criteria for making good regional regulations. By looking at the principles of making Regional Regulations starting from the preparation stage of preparing the draft Regional Regulations to ratification and promulgation in the Regional Gazette of the City of Bone. The method used in writing this thesis is a normative study with an emphasis on a normative juridical approach, namely an approach based on legislation. The results of the study indicate that in order to produce a good Regional Regulation product that is in accordance with the demands of the community's needs, it is necessary to do it based on the procedures for the preparation of Regional Regulations to be more directed and coordinated. Regional regulations that regulate Regional Original Income (PAD) have not been oriented to the interests of the community. This is revealed in the research that in every consideration and general explanation of Regional Regulations, the expectation of the formation of Regional Regulations is to increase Regional Original Income (PAD), so that it seems that Regional Regulations regarding user fees tend to burden the community with various tariffs for which there is no clear standard of loading. Regional regulations are made based on the way of thinking that every public service must be charged with a number of tarifs, which should be a regional regulation as a means of regulation to provide convenience for the community in developing their business. Keywords: Regional Regulation; Economy; Local Government
Urgensi Pengaturan Child Grooming dalam Sistem Hukum di Indonesia Kinanti Alysha Putri Haryanto; Beniharmoni Harefa
Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan VOL 11, NO 2 (2022)
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.vi.32250

Abstract

Child grooming is a legal issue that has negative consequences for children, especially which in a victimized position. However, there are no regulations in Indonesia that specifically regulate these legal issues. Even while there are positive laws that can be used as a basis for criminalizing groomers, it turns out that law enforcement still faces a number of obstacles. In this case, a normative juridical methodology based on a statute approach, a case approach, a literature approach, a conceptual approach, and a comparison approach was used to conduct the research. Based on research studies, data collection is carried out. This research demonstrates that there are still obstacles to Indonesian child grooming legislation enforcement, which are quite often related to the evidence process. Alternative regulations against child grooming as stated regarding the positive laws above, such as ITE Law, Child Protection Law, and Pornography Law have gaps that have been found to lead to other issues, such as disparities in punishment. The TPKS Law and the Indonesian Criminal Code Bill could be other options that may one day be considered in cases involving child grooming. It ought to be striving for special regulations against child grooming. In such cases, it would appear that it would be preferable if they were made into technical regulations in the form of government regulations with proof and criminal sanctions that were more maximized. Keywords: Child Grooming; Regulations; Law Enforcement
Intensity of Religious Moderation According to the Medina Constitution Arlis; Rahmat Hidayat; Ahmad Bakhtiar Jelani
Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan VOL 11, NO 2 (2022)
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.vi.32615

Abstract

This study aimed to examine the intensity of concept and practice of religious moderation according to the Constitution of Medina. There is a gap between the divine constitution as an ideal guide to religious moderation and the regulation and practice of religious moderation in various countries. So it is very important to have a comprehensive understanding of the concepts and practices of religious moderation according to the constitution of medina. Study use normative Islamic legal research methods with primary legal materials as the main data. The approach used is semantic aproach and the concept of legal intensity. The result of the study was that the intensity of religious moderation based on the constitution of medina is very strong, great and is at the highest degree which includes aspects of believe, sharia, and morals. Based on the analysis of the data it was found that there are several concepts that mean moderation in the material of the translated content, hadith, and constitution of Medina. The concept is use of the word best, currently, mid, fair, choice, and moderate. Manifestation of moderation in the mission objectives of the Prophet, in the field of faith, in the treatment of human error, in the rights and duties of the physical and family, in the gathering of the good of the world and the hereafter, in communicating with culture, and manifestation of moderation in dealing with others. The intensity of religious moderation according to the constitution of medina is called qur'ani moderation. Keywords: Intensity; Religious Moderation; Madinah Constitution
The Legality of Retail Fuel Sales Nurika Falah Ilmania; Nofi Sri Utami; Moh. Muhibbin
Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan VOL 11, NO 2 (2022)
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.vi.32960

Abstract

Fuel Oil (BBM) is one of the basic needs of the community, as the management and distribution of BBM is protected by the State to be able to maintain the quality of BBM. However, the research found that there are rampant individual retail fuel sales business actors who do not have legality and business licenses stipulated by the Government and have the aim of seeking individual profit. This paper aims to determine the regulation of fuel sales and the sociology of law on the legality of retail fuel sales. This research is an empirical juridical research with a descriptive approach conducted in Dinoyo District, Malang City. Based on the results of research on public legal awareness about the legality of retail fuel sales, it is still not said to be legally aware. Due to some of the indicators, people tend to ignore and ignore the legality of the commercial business license on BBM. Keywords: Business Legality; Oil Fuel; Retail Sales of Fuel Oil
Penegakan Hak Buruh oleh Konfederasi Serikat Pekerja Maros; Eksistensi dan Peranan Hisbullah Hisbullah; Sofyan; Mulham Jaki Asti; Kurniati; Misbahuddin
Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan VOL 11, NO 2 (2022)
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.vi.34034

Abstract

Violation of workers' rights in Indonesia is a central issue in labor relations Commonly violations of workers' rights demand the existence of the Confederation of Trade Unions as an organization formed from, by, and for workers both in the company and outside the company, which is free, open, independent, democratic, and responsible to fight for, defend and protect the rights and interests and welfare of workers. For this reason, this research is oriented in the form of normative empirical research that seeks to observe the provisions of laws and regulations from the aspects of the rights and obligations of workers and employers along with law enforcement and direct observations in the Confederation of Maros Trade Unions in their role defending the rights and interests of workers in Maros Regency. The conclusion in this study is that labor relations outline the existence of inseparable rights and obligations as a definite causality, so disputes over rights and obligations between workers and employers require law enforcement that can be pursued outside the court through Bipartite settlements and mediation and litigation settlements through judicial institutions. In addition, the existence of KSPI Maros plays a very important role in industrial relations and efforts to resolve labor rights disputes through Bipartite, mediation and courts.

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