cover
Contact Name
Edi Yuhermansyah
Contact Email
eys_0401@yahoo.com
Phone
+6281363555462
Journal Mail Official
legitimasi@ar-raniry.ac.id
Editorial Address
Faculty Shariah and Law, Universitas Islam Negeri Ar-Raniry Banda Aceh, 23111
Location
Kota banda aceh,
Aceh
INDONESIA
LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum
ISSN : 20888813     EISSN : 25795104     DOI : 10.22373/legitimasi
Core Subject : Social,
The Legitimasi Journal (the Journal of Criminal and Political Law) published biannually in January and July, is published by the Faculty Shariah and Law UIN Ar-Raniry Banda Aceh. Its purpose is to promote the study of criminal law and Islamic law in general and to discuss discourses of the development of criminal law and government policies in various perspectives. It is also to help in the understanding of criminal law and politic of law in Indonesia.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
Search results for , issue "Vol 3, No 1 (2014)" : 8 Documents clear
PARTAI POLITIK DALAM PERSPEKTIF ISLAM Hasanuddin Yusuf Adan
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 3, No 1 (2014)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v3i1.341

Abstract

A political party is a tool for human person or group of people to reach the power that can be set in accordance with the provisions of the country in the political parties. Originally Islam does not recognize political parties in determining the executive and state power, but in tune with the times difficult for Muslims who inhabit countries today to not wear a political party in control and manage the state. Islamic political experts differ between one another with respect to whether or not the state should Muslim majority wear and use political parties as one of the attributes of the state, they allow and others do not. Eventgouh conditions and situations often affect to something new that matters dealing with Islam and Muslims. In this age where the world is ruled by non-Muslim world institutions of the United Nations (UN) then be mistaken for Muslims not to accept and use the political parties in the Muslim majority country. The most important note in the atmosphere as it is the practice of the Muslims belong to a party must not follow the practice of non-Muslims who justify the means. Islamic Ummah must maintain originality of morality in politics so that the political party that sponsored the non-Muslims in Muslim practice became Islamic. Kata Kunci: Partai, politik, perspektif, Islam
Jejak Integrasi Indonesia Dari Kilometer Nol: Melacak Akar Budaya Nasional Bangsa Abdul Jalil Salam
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 3, No 1 (2014)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v3i1.337

Abstract

The founders of the Indonesian people are well aware that the nations of Indonesia was built based on common history, common struggle, as well as the ideals of equality, freedom, security, justice and prosperity in the Republic of Indonesia, which is based on Pancasila and the 1945 Constitution. In this context, the spirit of nationalism respects diversity, pluralism and diversity. In the globalization era, integration of the nation has faced challenges, because the dynamics of the development of the strategic environment have brought a new feel to the levels of interaction, interrelation and interdependence of society, nation and state. Another contributing factor is the shift value between the original nationalism is more oriented to political values and geo-political to the economic value and geo-economics. This value shift from the originally oriented to the importance of unity and unity to form a strong community of nations, be oriented to the accessibility of professionalism to improve the welfare and security for the sake of survival. In this position, the connection to the level of national unity outweighed by the benefit of a more personal nature.
(القواعدة الفقهية المستخرجة من كتاب عدة البروق و فروقها للإمام الونشريسي (كتاب الأقضية والشهادة والدعاوى نموذجا Fakhrurrazi Muhammad Yunus
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 3, No 1 (2014)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v3i1.342

Abstract

In the Jurisprudence we find a wide range of legal issues, some of which exist in the form and `illatnya same, resulting in the same law. On the other hand there are other problems that are similar in shape and `illatnya but produces a different law. In the discussion fiqhiyyah Qaeda, it is known as Al Furuq (difference/exception). This paper is the result of the study authors to some Furuq fiqh rules contained in the book `Iddat Al Imam Al Wansyarisi Buruq bouquet. The object of study is partly Furuq fiqh rules contained in chapter Qadha, testimony and indictment. The systematics of the discussion is the author will explain some Furuq- Furuq which have been of the chapters, and then explain in detail the problem-the problem, and then deduce the rules resulting from the discussion of the Furuq Furuq
Syariat Islam Pada Dinasti di Asia Telaah Kritis Tipologi Mujtahid dan Geneologi Intelektual Hasnul Arifin Melayu
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 3, No 1 (2014)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v3i1.338

Abstract

Implementation of Islamic law in Aceh is inseparable from its historical context in the history of Islam. Struggle of ideas between religion and state, the influence of the power system and outside the Islamic tradition and social conditions into one format forming Islamic law itself. In addition, the existence of a mujtahid in the struggle also gives an important role. This article will explore specifically about the existence of a mujtahid and their intellectual genealogy in dynasty in Asia, especially the Ottoman and Mughal. This study aims to describe the trip codification of Islamic law in some Muslim region. By doing so, there is the exposure of the expected phases of the codification of Islamic law that can be used as input in the process of implementation of Islamic law in Aceh. Kata kunci: syariat Islam, tipologi, geneologi mujitahid
KEDUDUKAN SYARIAT ISLAM DALAM TATA NEGARA INDONESIA Ali Abubakar
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 3, No 1 (2014)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v3i1.343

Abstract

The implementation of Sharia in Aceh was based on a people view of life in Aceh who believes their existence cannot be separated from the Allah guidance. In fact, Islamic Sharia is already implemented in Aceh since the Kingdom of Aceh Darussalam, as evidenced by the presence of various manuscripts focusing on Islam. Legally, it is recognized in Indonesia in Article 29 UUD 1945 as wells as in the Central Government through Act No. 44 of 1999 and Act 11 of 2006. Academically, although the imposition of Sharia in Aceh is based on civil law, but it cannot be denied that in the application process of common law also plays an important role. Kata Kunci: Syariat Islam, wewenang, qanun, lex spesialis, agama, jinayat, civil law, common law.
Faraq dalam Pernikahan Sindiket di Johor Malaysia dan Relevansinya dengan Penanganan Nikah Sirri di Indonesia Khairani Khairani
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 3, No 1 (2014)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v3i1.339

Abstract

Marriage sindiket almost similar meaning with marriage Sirri Indonesia. Johor Malaysia wedding sindiket has caused a lot of problems in the community, especially about the validity of his marriage. Faraq or annulment of marriage is a way for the completion of a dubious marriage. so immoral that occur from dubious marriage not continues. Faraq mechanism in this sindiket marriage has been defined in Enakmen 17 of 2003 Islamic Family Law. Court that decides whether the marriage can be forwarded or difaraq sindiket. The factors that led to a marriage should sindiket difaraq partly because the elements of the pillars of marriage are not met. Faraq provisions in this sindiket marriage should be able to consider in preventing and addressing issues arising from the consequences of marriage Sirri in Indonesia. Kata kunci: faraq, pernikahan sindiket, nikah siri
Prinsip Dasar Konstitusi Negara dalam Perspektif Al Quran Mutiara Fahmi
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 3, No 1 (2014)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v3i1.340

Abstract

This paper basically moved from efforts to prove scientifically and academically that Islam is a religion that has a complete political doctrine and system state, by means of track and ensure the basic principles of the constitution in the verses of the Koran as the primary source of Islamic law normative approach Islam. This study aims to answer some questions: What are the Basic Principles of State Constitutions contained in Alquran? And verses manasaja containing Basic Principles of State Constitutions in the Koran? This study used a descriptive-analytical method with normative-juridical approach (Shar'ie / fiqh).
Perbuatan Pidana Bughah dalam Hukum Pidana Islam Riswadi Riswadi
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol 3, No 1 (2014)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v3i1.336

Abstract

During this time, the issue bughah; separatists; the plots tend to receive less attention among Muslim intellectuals. Bughah deeds have made part of a crime (against the law). In Islamic law, a criminal act bughah also still have a different understanding. There is mention, that act bughah set with criminal types had, qishas or criminal ta'zir. Restrictions specified types of criminal is understood in terms of the act, the relationship with the rights, or any other cause in connection with the action against the state or government. Therefore, the range of possibilities can contain different perceptions and motives when trying to explain the quality of the act bughah. Similarly, environmental factors, socio-historical, cultural and political developments also color differences in terms of the substance of the type of criminal act bughah category. Kata kunci: pidana, bughah dan pidana Islam

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