SIYASATUNA : JURNAL ILMIAH MAHASISWA SIYASAH SYAR'IYYAH

DISENFRANCHISEMENT OF CORRUPT POLITICS IN INDONESIA IN THE PERSPECTIVE OF SIYASAH SYAR'IYYAH

Muhammad Fitrah — 2025-01-31

The revocation of political rights is basically an addition to the punishment of corruptors. With that decision, convicts lose their right to vote and be elected apart from holding public office. The research used is library research (library reasearch). The approach used is normative juridical, which examines the application of rules or norms in Indonesian law, and syar'i theology, namely studying it from the perspective of Islamic law. The data sources used are primary data sources in the form of Laws, Criminal Code, Al-Qur'an and Hadith and secondary data in the form of books related to research and research journals. The results of this study indicate that the rules used for the revocation of political rights against corruptors in Indonesia are based on PKPU No. 20 of 2018 Article 7 Paragraph (1) Point (h), namely that prospective candidates for members of the DPR, Provincial DPRD and Regency/City DPRD are not former convicts of drug dealers, sexual crimes against children, or corruption.

Keywords: Repeal, Political Rights, Corruption, Siyasah Syar’iyyah.

EFEKTIVITAS PELAYANAN PUBLIK MENGENAI PERSIDANGAN TELEKONFERENSI DI RUMAH TAHANAN KELAS 1 MAKASSAR

Sartika Dewi — 2025-01-31

This study aims to examine the effectiveness of public services regarding teleconference trials at Makassar Class I Detention Center from the Perspective of Islamic Law. In answering these problems, the author uses a normative syar`i approach and an empirical juridical approach. The method of data collection is done by way of interviews, observation, documentation, and literature study. The results of the study show that (1) The teleconference trial was held based on a circular letter from the Supreme Court Number: 379/DJU/PS.00/03/2020 which aims to be a guide in carrying out the criminal case trial process by teleconference during the Covid-19 pandemic. The procedures or stages of carrying out criminal case trials by teleconference at the Makassar Class 1 Detention Center, namely trial scheduling, preparation of facilities and infrastructure, notification to related parties, escorting detainees and conducting trials. (2) Public services regarding teleconference trials at Class 1 Makassar Detention Center have not been effective because in reality, public services related to teleconference trials have not reflected the implementation of the principles of public service. In this case, several principles and principles of public service that are not yet relevant can be found in the principles of accessibility, openness and transparency, efficiency and effectiveness as well as security and privacy of the accused. (3) Public services in teleconference trials are recommended in Islam as a form of providing assistance and providing convenience to service recipients, in this case detainees and convicts conducting teleconference trials, both in conducting teleconference trials and in applying relevant public service principles and principles. As providing assistance and convenience is something that is recommended (sunnah) for Muslims and get rewards from Allah SWT.

EFEKTIVITAS PERJANJIAN KERJA PEGAWAI PEMERINTAH DENGAN PERJANJIAN KERJA (P3K) DALAM MENINGKATKAN KUALITAS KERJA DI KANTOR DINAS PERTANIAN DAN KETAHANAN PANGAN KAB. WAJO

Yustika Yustika — 2025-01-31

This study investigates the forms of employment agreements for government employees using the Employment Agreement (P3K) at the Office of Agriculture and Food Security in Wajo Regency, and analyzes effective work standards from the perspective of siyasah syar'iyyah. Performance, involving the actions and inactions of employees, has an impact on their contributions to government institutions. Each employee has specific job criteria, considering work dimensions that identify essential elements of a job. The study aims to comprehend employment agreements within the context of government employees, particularly P3K, at the Office of Agriculture and Food Security in Wajo Regency. It also intends to unveil effective work standards from the standpoint of siyasah syar'iyyah. Although P3K employees are increasingly equated with civil servants (ASN), they remain within a contractual framework with a time limit of 5 years, albeit with the potential for extension through approval from local governments or district chiefs. This research is expected to provide valuable information to the government and society regarding these new regulations. It encourages public enlightenment, motivates the pursuit of respectable employment, and serves as guidance for performing tasks productively and innovatively. Thus, this study can support the enhancement of employee quality and the awareness of the community in a changing government work environment.

EFEKTIVITAS PELAYANAN PROGRAM KARTU MACCA DALAM PERATURAN BUPATI NO.23 TAHUN 2016 DI KECAMATAN MARIORIWAWO KABUPATEN SOPPENG PERSPEKTIF SIYASAH SYAR’IYYAH

nur amalia — 2025-01-31

This study aims to describe the effectiveness of the Macca Card Program Service in Regent Regulation No. 23 of 2016 in Marioriwawo District, Soppeng Regency, Siyasah Syariyyah Perspective. In answering these problems, the author uses a normative syar`i approach and a normative juridical approach. The method of data collection is done by way of interviews, observation, documentation, and literature study. The results of the study show that 1). How the macca card program is implemented during its validity period is not optimal enough in socializing, resulting in a lack of understanding of the community regarding the government program. For employees in implementing it is good enough although it should be further improved 2). This supporting factor is the existence of an adequate budget and the inhibiting factor of this program is the lack of direct socialization to the target beneficiary community. 3). Siyasah Shariyyah's view of the effectiveness of the macca card program service in surah an-nisa verses 58-59 explains that conveying the mandate to those who are entitled to receive it, in this case the government has conveyed the mandate but it is not optimal enough.

FUNGSI PENGENDALI DAN PENGAMAN PENGGUNA JALAN DI KAB.PANGKEP

23_fajrininaya23 @fajriahrahmainaya — 2025-01-31

his research aims to find out how the function of controlling and protecting road users in Kab. Pangkep (Siyasah Syariyyah Perspective). The main problem is divided into several sub-problems, namely: How useful is the safety control for road users in the district. Pangkep, what is the public's view of road user safety in Pangkep Regency, and what is Siyasah Syar'iyyah's view of controlling road users in Pangkep Regency. The research method used is data collection in the form of observation, interviews, documentation and reference tracking. The results of this research show that the benefits of road user safety controls are very beneficial for the community because people can pay attention to the direction of oncoming traffic, in order to reduce the occurrence of accidents, so it is necessary to install shock bands so that drivers are careful when driving. The public's view of road user safety is that most drivers obey the rules and there are also those who break them, so the existence of these rules can provide regulations that can be set by the transportation service. Siyasah Syari'iyyah's view of controlling road users is that it is described as a policy requirement to regulate state affairs based on sharia, therefore using public highways for personal gain is prohibited by Islamic law, so it is necessary to have several restrictions, so as to create benefits and prevent losses, which are not contrary to the provisions of Islamic sharia and general principles, which results in the problem of Murlah.

PENYEDIAAN TENAGA LISTRIK BAGI MASYARAKAT DUSUN TANETE DESA CENRANA BARU KABUPATEN MAROS PERSFEKTIF SIYASAH DUSTURIYAH

Rasnawati rsnarzk — 2025-01-31

This research aims to find out how electricity is provided for the people of Tanete Hamlet, Cenrana Baru Village, Maros Regency, Siyasah Dusturiyah Perspective. The main problem is divided into several sub-problems, namely: How to Implement Regional Regulation Number 7 of 2014 Regarding the Supply of Electricity in Tanete Hamlet, Cenrana Baru Village, Maros Regency (Siyasah Dusturiyah Perspective) and what factors influence the Supply of Electricity in Tanete Hamlet, Cenrana Village New Maros Regency Siyasah Dusturiyah Perspective. The research method used is qualitative or field research. The results of this research show that in the implementation of Regional Regulation no. 7 of 2014 regarding the provision of electricity in Tanete Hamlet, Cenrana Baru Village, Maros Regency, has been running as expected by the community regarding the availability of electricity thanks to the efforts made Regional Government. If you look at Islamic teachings, providing electricity is a human problem. In procuring electricity in Tanete Hamlet because it talks about the responsibilities of a leader. The inhibiting factor is the delay in the procurement of electricity, which in the mailing system is slow to be handled by PLN due to changes in the system, access roads, and the costs required in building the electricity network are not in accordance with the profits that will be obtained by the PLN company.

MEKANISME KEBIJAKAN ZONA INTEGRITAS ATAS UPAYA REFORMASI BIROKRASI DI PENGADILAN NEGERI MAKASSAR PRESPEKTIF SIYASAH SYAR'IYYAH

Nandita Fahira suci — 2025-01-31

The aim of this research is to describe the implementation of the integrity zone in the bureaucracy at the Makassar District Court from a siyasah syar'iyyah perspective, obstacles in implementing the integrity zone from a siyasah syar'iyyah perspective, efforts to implement the integrity zone policy at the Makassar District Court from a siyasah syar'iyyah perspective. The results of this research are that it was carried out well by planning to create a sterile regional program that can only be accessed by administrative judges through one-stop integrated services, by supervising and providing quality facilities and of course good service, based on the results of interviews and The researcher's observation is that there is none, because the integrity zone is a commitment that must be implemented in order to realize WBK and WBBM. However, from the perspective of siyasah syar'iyyah, if it is related to the complexity of the problems studied, it conveys its view that especially as a legitimate institution of Islam, its main premise is openness or religion, especially supernatural qualities and standards from Allah which are accepted as truth and justice, so it is also accepted that this is the source of optimal regulation.

PELAKSANAAN UNDANG-UNDANG NOMOR 17 TAHUN 2014 TENTANG MASA RESES ANGGOTA DPRD PERSPEKTIF FIKIH SIYASAH

Putri Ayu Rasjid pu.tuuu — 2025-01-31

This research aims to find out how I implement Law Number 17 of 2014 concerning the Recess Period for DPRD Members from a Siyasah Fiqh Perspective (Study in the Makassar City DPRD). The main problem is divided into several sub-problems, namely: How effective is the recess period for DPRD members in Makassar City and what are the obstacles and barriers to implementing the recess period in Makassar City. The research method used is through observation, interviews and documentation. The results of this research show that the effectiveness of the recess period for Makassar City DPRD members has been effectively carried out in formulating policies in Makassar City so that it is followed up in the form of government policy which results in the aspirations or complaints of the community being expressed in the finalized results of the DPRD recess. The obstacles and obstacles to implementing the recess period in Makassar City are, sometimes the policies issued are community-oriented which are produced by accommodating the aspirations that develop in the community, these activities are to accommodate the aspirations of the community which are carried out during the recess period. This activity is an obligation that DPRD members must carry out as a form of moral and political responsibility towards their constituents in accordance with the mandate of Law no. 23 of 2014 article 16, concerning the obligations of Regency/City DPRD members.

ANALISIS YURIDIS KEPUTUSAN FIKTIF POSITIF PASCA UNDANG-UNDANG NO. 6 TAHUN 2023 PERSPEKTIF SIYASAH SYAR'IYYAH

Muh. NurTaslim Saleh — 2025-01-31

This research aims to find out how the juridical analysis of positive fictitious decisions after Law no. 6 of 2023 Syar'iyyah siyasah perspective. In answering this problem, the author uses a normative juridical approach and a normative theological approach (syar'i). The method for collecting secondary data in the form of primary and secondary materials is done by reading literature, scientific works, documents or books related to the research. The research results show that 1) The legal position of fictitious decisions is positive after the promulgation of the law. No. 6 of 2023, which is regulated in this Law, namely in article 175 number 7 paragraph (4), however the phrase not stipulate but grant in this article creates unclear meaning and has the potential to give rise to new problems 2) Procedures for resolving positive fictitious decisions after the issuance of the Law. No. 6 of 2023 article 175 number 7 paragraph (5) will be further regulated in a Presidential Regulation, but to date this Presidential Regulation has not been issued as a result of which the procedure for resolving positive fictitious decisions has become ambiguous and unclear. 3) The siyasah syar'iyyah view of positive fictitious decisions after the issuance of the law. No. 6 of 2023 does not explain the view of Islamic law regarding the details of positive fictitious decisions because this is purely procedural from Indonesian positive law which is administrative in nature.

STANDAR PELAYANAN PUBLIK PADA KANTOR DINAS PENANAMAN MODAL DAN PELAYANAN TERPADU SATU PINTU

SUCI CAHYANI RUSTAM — 2025-01-31

This research aims to determine the fulfillment of standard components of public services. The problem in this research is that several components of public service standards have not been met. The research method used is qualitative field research, by conducting observations and interviews. The results of this research show that the fulfillment of the standard components of public services at the investment office and one-stop integrated services has been fulfilled, but the facilities need to be equipped, such as breast milk rooms, public toilets, prayer rooms and information screens.

PEMBERHENTIAN KEPALA DAERAH DALAM KETATANEGARAAN INDONESIA PERSPEKTIF SIYASAH DUSTURIYAH

Nurfadhilah Asma — 2025-01-31

The purpose of this study is to describe the causes of dismissal of regional heads in the Indonesian state administration. Knowing the mechanism of dismissal of regional heads in the Indonesian state administration. Knowing the dismissal of the regional head of the siyasa dusturiyah perspective. The study used qualitative methods with data sources in the form of primary data and secondary data. The results of this study are the causes of dismissal of regional heads in the Indonesian state administration are regulated in article 78 paragraph (2) that regional heads are dismissed for violating laws and regulations, for example committing disgraceful acts such as gambling, drunkenness, and adultery; does not carry out obligations; commit criminal acts such as corruption, collusion and nepotism; commit a crime that threatens the integrity of the country. The mechanism for dismissing regional heads is regulated in Law Number 23 of 2014 concerning Regional Government that if the Governor is dismissed, the DPRD will propose through the Minister to the President with the result of a decision from the Supreme Court. through the Governor as the central government to the Minister with the decision of the Supreme Court. Dismissal of regional heads in Islam has not been explained in detail the procedure for dismissal and in the Qur'an and hadith there is nothing to explain. However, according to Islamic thinkers, a leader can be dismissed if he violates the Shari'a, commits deviations, has organ defects, is completely insane, and loses his freedom.

ANALYSIS OF FIQH SIYASAH ON THE CONCEPT OF ISLAMIC GOVERNMENT ACCORDING TO HASAN AL-BANNA'S THINKING

Ahsandy Rizky Fadhlansyah Hanafie — 2025-01-31

Hasan Al-Banna as the founder of the Muslim Brotherhood put forward the concept of government to harmonize religion and state. The concept of government contained in Hasan al-Banna's theory imitates the form and nature of the leadership of the Prophet Muhammad. This study aims to determine the thought pattern of Hasan al-Banna in the concept of Islamic government and also to find out the relevance of Hasan al-Banna's government to the government in Indonesia. This research uses library research, and the nature of this research is descriptive-analysis. The data that has been collected is then analyzed using qualitative inductive analysis. The results of this study indicate that fiqh siyasah in this case responds to Hasan Al-Banna's concept of thinking about Islamic government in line with the principles of government according to Fiqh Siyasah because Islamic government is a government that is upright on Islamic law which is sourced from the Qur'an and Sunnah. Then the relevance of Hasan Al Banna's Islamic government to government in Indonesia is that the Islamic government system in Indonesia is increasingly finding its vitality because the construction of the government system that has been implemented so far seems to have failed to build a harmonious and humanist state order.

PELANGGARAN HAK CIPTA LAGU DALAM BENTUK COVER DI MEDIA SOSIAL TELAAH SIYASAH SYARIYYAH

M Abid Tribuana Barsyami — 2025-01-31

This research aims to analyze forms of copyright infringement on song covers and their consequences as well as siyasi's views regarding copyright. The problem in this research is the use of songs on social media without legal permission from the copyright holder, causing losses to the creator. In answering this problem, we use a juridical approach, namely examining legal sources such as laws and regulations relating to copyright and a normative theological approach (syar'i), namely an approach based on the Koran and hadith. data collection methods in the form of secondary and primary materials, primary is done by directly reading sources related to copyright, namely UUHC, secondary is done by reading literature, scientific works, documents or books related to research. The results of the research show that the act of covering someone else's song for commercial purposes without permission from the creator as well as carrying out creation transformations and fixations is a form of copyright infringement. The legal consequences if the copyright holder feels disadvantaged and expresses objection, the perpetrator can be prosecuted civil law in the form of fines and criminal penalties. Siyasi's view regarding copyright is that the majority of scholars from the Maliki, Shafi'i and Hanbali schools of thought are of the opinion that copyright is equated with property ownership, using other people's creations without permission with the aim of self-interest or to obtain economic rights over someone else's creation. anything else is a disgraceful act.

MUI FATWA AUTHORITY ON POLICY FORMATION IN INDONESIA SIYASAH DUSTURIYAH PERSPECTIVE

Aswan — 2025-01-31

This study aims to determine the urgency of MUI fatwas in people's lives and the position of MUI fatwas in the formation of government policies in Indonesia as well as to analyze the formation of government policies on the influence of MUI fatwas studied in Siyasah Dusturiyah's view. The problem in this study is the authority of MUI fatwas in influencing legal politics in Indonesia while the procedure for forming MUI fatwas is not regulated in Law Number 12 of 2011 concerning the Establishment of Laws and Regulations. This research is a library research with a syar'i normative theological approach. Primary and secondary data sources such as: UUD, MUI Fatwa, al-Qur'an, hadith, scientific journals. The results of this study are 1) The urgency of MUI fatwas in people's lives as a guide in finding solutions related to problems using a systematic methodology based on strong propositions for the benefit of the general public, especially Muslims. 2) MUI's fatwa in its position on policy formation is an infra-structural element in the group of institutional interest groups (Institutional Interest Group). 3) MUI fatwas are regulations and laws required by the state in terms of conformity with religious principles and are the realization of community benefit. So that the MUI fatwa is present to assist the government in solving a problem in society, especially Muslims called the ifta institution.

BARRU DISTRICT GOVERNMENT POLICY CONCERNING THE PROHIBITION OF MODERN SHOPS

Nur Wafdatul Haeriyah — 2025-01-31

This research aims to find out what the Barru Regency government's policy is regarding the prohibition of modern shops. The main problem is divided into several sub-problems, namely: What is the policy of banning modern shops by the Barru Regency government, what are the factors causing the birth of the policy of banning modern shops by the Barru Regency government, and what is the impact on society of the policy of banning modern shops by the Barru Regency government. This type of research is classified as Descriptive Qualitative Field Research or Field Research. This research approach uses a Normative Sharia approach and an empirical approach, as well as data collection methods using observation, interviews and documentation. The research results in the research are that the Barru Regency Regional Government's policy regarding the prohibition on the establishment of Modern Shops is not to grant permits or limit permits for the establishment of modern shops in Barru Regency which can disrupt the growth of the local economy. The factors causing the ban on modern shops in Barru Regency are based on several factors, namely maintaining local economy, increasing MSMEs, and maintaining the balance of small traders, and the impact caused by the ban on modern shops has a positive impact, namely increasing local MSME businesses and a negative impact on the development of innovation and investment in Barru Regency as well as limited consumer choices.

TELAAH SIYASAH IDARIYAH TERHADAP IMPLEMENTASI KEBIJAKAN BADAN PERTANAHAN NASIONAL TENTANG PEMUKIMAN PENDUDUK KAWASAN HUTAN LINDUNG DI KELURAHAN TAMAONA

Risky Fausia Samsiah — 2025-01-31

The aim of this research is to study siyasah idariah on the implementation of the National Land Agency (BPN) policy regarding residential areas in protected forest areas in Tamaona Village, the issues raised in this paper are regarding the implementation of the National Land Agency related to protected forests and the views of siyasah idariah regarding the implementation of the Land Agency National. This research is field research using qualitative analysis with a normative syar'i and empirical juridical approach. Data collection methods were carried out by means of interviews, observation and documentation. The results of this research show that the implementation of the National Land Agency has carried out a regional mapping process for protected forests in accordance with SK 362 of 2019 and the siyasah idariah view regarding diwan work flow related to land, especially protected forests, is in line with the National Land Agency which does not grant permits to communities. Those who build in protected forest areas must make regulations in accordance with Allah SWT's rules to protect their creation. However, what is an inhibiting factor in implementing the mapping policy carried out by BPN is that there are still people who build in protected forest areas who do not comply with the administration. This is reinforced by people who build without the knowledge of the National Land Agency, so that BPN takes action to change the function of the land.

PROGRAM SMART CITY DI KOTA MAKASSAR PERSPEKTIF SIYASAH DUSTURIYAH

Savana Zalsabilah — 2025-01-31

This research aims to examine the Smart City Program in the city of Makassar from Siyasah Dusturiyah's perspective. The problem in this research is that the implementation of the Smart City Program is not carried out in accordance with the principles of state government administration. This research is descriptive field research. The approach used in this research is a normative juridical approach and a syar'i approach. The data used is primary legal data and secondary legal data. Data was obtained through observation, interviews and documentation, then data processing and analysis was carried out. The results of this research show that The failure to evaluate the Tourism Alley and Healthy Alley Program with RT, RW and local community leaders as interested parties has resulted in the Bara Baraya Subdistrict Government being unable to find a formulation of methods for socializing and educating the Smart City program in the Smart sector. The right environment. The obligation for the community to participate in two-way communication with the government in order to carry out the management of government affairs for the sake of realizing the benefit of the people is regulated in QS al-Imran/3: 104. The community as a group of people has an obligation to convey goodness in order to achieve ma'ruf in the form of environmental cleanliness. given space by the Bara Baraya Subdistrict Government so that the Bara Baraya Subdistrict area can avoid evil in the form of not achieving a Smart Environment as part of a Smart City.

EKSISTENSI NEGARA ISRAEL

Muhammad Iqbal Tawakkal — 2025-01-31

This research aims to analyze the views of the siyasah syar'iyyah regarding the existence of the Israeli state and correlate it with basic concepts in state theory. The aim of this writing is to provide a comprehensive understanding of how the State of Israel exists. A study of Siyasah Syar'iyyah. This research uses an empirical juridical approach using primary data, namely research results and legislation, and secondary data, namely books and journals and analyzed qualitatively. The results of this research show that the Israeli state theory can be considered as a state entity that meets basic characteristics. However, when viewed from the perspective of state existence theory, Israel's existence and development are greatly influenced by security factors, national identity and regional conflicts. Most views in the context of Siyasah Syar'iyyah basically reject the establishment of the State of Israel. This is often due to the belief that Israel's founding involved the expulsion and suffering of the pre-existing Palestinian population.

IMPLEMENTASI PERATURAN DAERAH KOTA MAKASSAR NOMOR 5 TAHUN 2022 TENTANG PERLINDUNGAN GURU DALAM PERSPEKTIF SIYASAH SYAR’IYYAH

Riswanda Wanda — 2025-01-31

This research is to: 1) determine the control the procedures for handling legal protection for teachers in Makassar City; 2) understand teacher protection from the perspective of siyasah syar'iyya. In an effort to answer this problem, we use descriptive qualitative research with several approaches, namely an empirical juridical approach and a Sharia normative approach. The data sources used in this research were primary data sources from interviews with the Head of Legal Division at the Regional Secretariat of Makassar City, GTK Staff (Certification Process Administrators) at the Education Service, PGRI Foundation Management, and Chair of the Indonesian Ulema Council of Makassar City. Secondary data sources are books, journals and previous research results. Data collection techniques through observation, interviews and documentation. The following research results were obtained: 1) Procedures for handling legal protection for teachers through mediation efforts if there is no criminal act, if a criminal act occurs then the resolution is carried out by law enforcement officials; 2) The siyasah syar'iyyah perspective views that Regional Regulation Number 5 of 2022 is in accordance with the concept that regulations must be made for the interests and benefit of the people. In Islam, teachers are defined as a very noble profession because they provide knowledge about Islam and also teach a person's morals according to the teachings of the prophets, so they must be given protection from the government.

PENUNJUKAN PENJABAT KEPALA DAERAH DALAM SISTEM PEMERINTAHAN DEMOKRATIS

Firna Afrianti — 2025-01-31

The design of simultaneous national regional elections in 2024 has led to a vacancy in the position of regional head, to anticipate this, the government appoints an acting regional head to carry out the duties, functions, and authorities of the regional head until the inauguration of the definitive regional head. This research aims to analyze the application of democratic principles in the appointment of acting regional heads by using conceptual and statutory approaches. The process of appointing acting governors by the president and acting regents and mayors by the Minister of Home Affairs has ignored several fundamental principles such as the principle of free elections, equal political participation, accountability and transparency, protection of human rights (political rights), and the principle of placing officials with a merit system instead of a spoil system. The Constitutional Court in Decision Number 67/PUU-XIX/2021 has emphasized that the process of appointing acting regional heads must still be carried out democratically. The filling of acting regional heads also lacks strong social legitimacy because it does not involve active participation from the community.