http://jurnalfsh.uinsby.ac.id/index.php/aldaulah/issue/feed Al-Daulah : Jurnal Hukum dan Perundangan Islam 2020-09-19T05:51:22+00:00 Ikhsan Fatah Yasin jurnalaldaulah@gmail.com Open Journal Systems <p><strong>Al-Daulah</strong><strong> : Jurnal Hukum dan Perundangan Islam</strong> is a biannually published journal in April and October. It covers various issues on the Islamic Law and legislation studies.</p> <p>The journal had been successfully accredited on December 1, 2015 according to the Decree of the General Director of Higher Education of the Ministry of Education and Culture of the Republic of Indonesia Number: 2/E/KPT/2015.</p> <p>Publisher Address: Jl. A. Yani 117 Surabaya 60237, E-mail: jurnalaldaulah@gmail.com</p> <p><strong>p-ISSN: <a href="http://issn.pdii.lipi.go.id/issn.cgi?daftar&amp;1318819181&amp;1&amp;&amp;" target="_blank" rel="noopener">2089-0109</a> dan e-ISSN: <a href="http://issn.pdii.lipi.go.id/issn.cgi?daftar&amp;1456373904&amp;1&amp;&amp;" target="_blank" rel="noopener">2503-0922</a></strong></p> http://jurnalfsh.uinsby.ac.id/index.php/aldaulah/article/view/806 Sengkarut Pola Hubungan Lembaga Penyelenggara Pemilu di Daerah Otonomi Khusus 2020-09-19T05:46:37+00:00 Zahlul Pasha zahlul.pasha@ar-raniry.ac.id Mutiara Fahmi mutiara_fahmi@yahoo.com Khairil Akbar elkhairi17@gmail.com <p>This article seeks to analize the pattern of relations and authority of election agencies in special autonomous regions in Indonesia. The difference in the pattern of relations between election agencies in the special sutonomy region coincided with the implementation of asymmetric decentralization policies in Indonesia. As a result, differences in authority and specificity that is owned by one region with other regions. Whereas the Indonesian constitution based on Article 22E paragraph (5) of the 1945 Constitution of the Republic of Indonesia states that all regulations relating to the electoral institutions in Indonesia apply nationally. The research method used is normative and empirical. This study found similarities and differences in the pattern of relationships and authority of election agencies in the special sutonomy Region. The similarity is that the election agencies in this Special Autonomous Region has lost certain duties and authorities that affect the pattern of their relationship. The difference lies in the lost duties and authority. In DKI Jakarta, the duties and responsibilities of the election organizers in the Regency/City are only in the context of assisting the Election organizing tasks in the Province. The duties and authority of the election organizers in DIY are reduced in the case of the Governor General Election. While in Aceh, the task of supervision is divided between two organizing agencies, namely the Aceh Panwaslih and the Aceh Province Panwaslih. In the future, this pattern of relations and authority will become a source of conflict and dispute. While in Papua Province, the election organize did not hold general elections due to the implementation of the noken system in some of these areas.</p> 2020-04-01T00:00:00+00:00 Copyright (c) 2020 Al-Daulah : Jurnal Hukum dan Perundangan Islam http://jurnalfsh.uinsby.ac.id/index.php/aldaulah/article/view/793 Status Akta Notaris yang dibuat oleh Notaris yang Merangkap Jabatan Sebagai Advokat 2020-09-03T00:56:47+00:00 Ragil Kusnaning Rini rkusnaning@gmail.com Siti Romlah romlahmunawar@gmail.com <p>Notary deed as an authentic deed is often used as a means of proof in a trial, because it is the most powerful and perfect. Considering the importance of a notarial deed as a means of proof, the making of a notary deed must be done properly and carefully. The phenomenon of notary that doubles the position as an advocate of course also affects the authentic deed that was made by the notary.</p> <p>A notary who concurrently serves as an advocate is considered to violate the provisions in the Act, so that the notary becomes unauthorized and no longer has power in making a notarial deed. That a deed which is due to the inability of the employee / official who made it or because of a defect in its form, then the deed cannot be treated as an authentic deed, and only has power as a deed under the hand if it is signed by the parties and is no longer has the power of proof that is perfect. For that, those who feel aggrieved can file a lawsuit and claim for compensation to the notary. And for violations of dual positions committed, if it is proven that the notary may also be subject to sanctions.</p> 2020-04-03T00:00:00+00:00 Copyright (c) 2020 Al-Daulah : Jurnal Hukum dan Perundangan Islam http://jurnalfsh.uinsby.ac.id/index.php/aldaulah/article/view/825 Legal Gap: Pertentangan Hukum Masyarakat dan Hukum Negara 2020-09-04T15:04:45+00:00 Saeful Bahar Bahar bosbahar@yahoo.com <p>This article highlights the controversy of revised act of corruption commission (UU KPK) and of the Book of Criminal Law (KUHP) which had heated up. By using legal gap theory, this writing uncovers the legal gap between the contents of revised KUHP and living laws. Consequently, people in the grassroots level seem more enthusiastic about the issue, for example, the fines because livestock entering other people yards than weakening KPK issues that drive a wave of demonstrations at the level of well-educated people. Many studies in the sphere of sociology of law that have conducted gave much attentions to the living law or norm in the mods of society. However there is not much of them which gave attention to the legal gap phenomena, it is the incompatibility between living law and formal one. Whereas, such an approach tend to be considered late if it we aim to put the sociology of law as one discipline of social science which is useful in strengthening the law enforcement. In the hilt of the matter, there is an issue of the legal gap which should have been expressed from the beginning, mainly as to the compatibility between formal and informal law when legislation was going on. By utilizing literature study, the research found that; firstly, the resistance against revised KUHP is the logical consequence of legal gap phenomena that has potential legal conflict. Secondly, there are four major manners could be done to resolve the gap; repression, counseling, reformation and restorative justice.</p> 2020-04-06T00:00:00+00:00 Copyright (c) 2020 Al-Daulah : Jurnal Hukum dan Perundangan Islam http://jurnalfsh.uinsby.ac.id/index.php/aldaulah/article/view/860 Implementasi Hak Politik Mantan Narapidana Korupsi Dalam Pemilihan Umum di Jawa Timur 2020-09-08T04:33:22+00:00 Muwahid Muwahid muwahidizza@gmail.com <p>The right to be voted and to be elected is a human right guaranteed by the Constitution. However, there are limitations to implementation. Research on the implementation of the political rights of ex-convicts in the general election aims to address the problem;&nbsp;first, regulations on the rights of former corruption convicts to be elected in legislation.&nbsp;Second, Implementation of the rights of elected ex-convicts of corruption in the election after the decision of the Supreme Court in East Java. This research is empirical legal research or socio-legal research. The Data obtained through document studies and subsequently, the interviews analyzed with an existing legal theory with a statute approach and a case approach. Data analysis techniques are using inductive thinking patterns. The results of this study indicate that the political rights of ex-convicted corruption are guaranteed in article 28 letter D point 3 of the 1945 Constitution, and article 43 of Law No. 39 of 1999 concerning Human Rights and the Election Law, where everyone has the right to be elected and to vote in elections based on the principle of equality. However, in its implementation, there are several variants such as the General Election Commission which issued a regulation prohibiting ex-corruption convicts from running, even though the regulation was canceled by the Supreme Court. Likewise, some political parties consistently did not nominate members who have been exposed to corruption as a preventive measure in preventing corruption.</p> 2020-04-10T00:00:00+00:00 Copyright (c) 2020 Al-Daulah : Jurnal Hukum dan Perundangan Islam http://jurnalfsh.uinsby.ac.id/index.php/aldaulah/article/view/983 Strengthening Eco Fiqh: An Intergration Of Texts And Maslaha On Environmental Impact Analysis 2020-09-19T05:51:22+00:00 muhammad yusuf yusuf muhammadyusuf@uin-lauddin.ac.id Anwar Sadat anwarsadat21@yahoo.co.id <p>This study is motivated by a belief that the true&nbsp;<em>maslaha</em>&nbsp;and authentic texts (<em>hadiths</em> or verses of the Quran) do not contradict each other. It is because the holy text is a guidance for mankind to reach the happiness and benefit in the world and hereafter. The concept of eco-<em>fiqh</em> is a response to the various environmental crisis. This paper is a study on the concept of eco-<em>fiqh</em> link up with the&nbsp;<em>maslaha</em>&nbsp;approach and Environmental Impact Analysis (Amdal). To actualize the&nbsp;<em>maslaha</em>, the regulations of Environmental Impact Analysis should be obeyed. Eco-<em>fiqh</em> provides guidelines for minimizing the impact of environmental damages. Environmental conservation is a sunnah and a doctrine of Islamic&nbsp;<em>ushuliyat</em>. It does not merely&nbsp;<em>hajjiy</em><em>?</em><em>t</em>&nbsp;and&nbsp;<em>tahs</em><em>?</em><em>niyat</em>, but&nbsp;<em>dhar</em><em>?</em><em>riyat</em>&nbsp;doctrine in Islam. The concept of eco-<em>fiqh</em> is an effort to position the doctrines of the environmental conservation on the&nbsp;<em>ushuliyat&nbsp;</em>of<em>&nbsp;</em>Islam.</p> 2020-04-15T00:00:00+00:00 Copyright (c) 2020 Al-Daulah : Jurnal Hukum dan Perundangan Islam http://jurnalfsh.uinsby.ac.id/index.php/aldaulah/article/view/1040 Peran Lapas dan Lapasustik Pada Residivis Narkoba Pengguna 2020-09-19T04:52:28+00:00 Sri Aryanti Kristianingsih sri.kristianingsih@uksw.edu Suryanto suryanto02@yahoo.com Yusti Probowati Rahayu yustiprobowati@gmail.com <p>Prisons and Drug Abuse Correctional Centre (DACC) play a significant role in recidivism. This study aims to understand the role of prisons and DACC in drug user recidivists, the implementation of Law no. 12 of 1995 concerning correctional facilities, and the law. No. 35 of 2009 concerning narcotics to find out how the process of guidance in prisons and DACC for drug user recidivists, and to find out the effectiveness of coaching in both prisons. This qualitative research uses a case study approach. The data collection method used interviews with 8 subjects and observations on the subject and prison conditions. The data analysis method combines the analysis stages of Morse and Miles and Huberman. Purposive sampling technique was used, with the criteria of the research subjects: drug user recidivists; have experienced convictions in prisons and DACC; of legal age; case of article 127 of Law no. 35 of 2009 concerning Narcotics or article 36 of Law No. 5 of 1997 concerning Psychotropics and in conjunction with other articles; BI and BIIa classification; the level of drug use is not addiction. The results showed that these two laws have not been fully implemented in prisons and DACC. This is evidenced by the different treatment of prison officers, while the treatment of DACC officers is the same and more humane to DACC so that it has an impact on recidivism. In both, there is personality development and independence but still emphasizes religious development. Medical and social rehabilitation is perceived as ineffective. The two correctional institutions do not raise self-contempt but do raise a cognitive bias. Prison and DACC are different environments that play an important role in becoming drug user recidivists, but DACC is an environment that is more conducive to achieve the correctional goals for drug user recidivists</p> 2020-04-20T00:00:00+00:00 Copyright (c) 2020 Al-Daulah : Jurnal Hukum dan Perundangan Islam