Al-Daulah: Jurnal Hukum dan Perundangan Islam

Flag Respect in Indonesia: A Study of Islamic Literature and Legislation in Indonesia

2023-01-19T08:36:59+00:00

The tribute of the flag is routinely debated on social media, with a flag ceremony held on 17 August each year. Such issues appear to be annual discussions, although there are logical reasons for the party to unanimously express respect for the flag. This article was presented to add academic literature to honoring the flag by answering how unquestioned human diversity is in Islamic literature, how the urgency of the flag in Islamic literature, and how urgency honors the flag in the legal state. The method used to answer these questions is a descriptive qualitative research method with a literary study approach. The sources used are secondary data obtained by authors of Verses, Hadith, Classical Islamic literature, legislation, journals, processes, and relevant online news. The result of the discussion was to become sunnatullah of the existence of humans who are of different ethnicities and nations. The flag that represents a nation or a nation exists and is recorded in the history of Islamic literature. The salute of the flag as an expression of gratitude, a love of the fatherland, commemorating the hero's ceremonial service, which proved there is no Shirk word in the anthem, the blessing of ceremony-bearers and the words of prayer recited at the end of the ceremony are acceptable, recommended even (should) on postulate ṣaḥīḥ even above ṣarīḥ. The attitude of the flag in the legislation is in Article 20 PP. No. 40 of 1958 and Article 15 of Law No. 24 of 2009, respect means to uphold the state's identity while also being a form of love and acknowledging the sovereignty and honor towards the state.

Scientific Consideration in the Concept of Islamic Law in Indonesia

2024-01-29T09:28:14+00:00

This study aims to incorporate scientific consideration in the application of falakiyah fatwas of the Indonesian Ulema Council and maps the patterns of the nexus between religion and science in those fatwas. This research involved a library study and a qualitative method. The approaches took into account ushūl fiqh and scientific approaches. With regard to the theoretical fundamentals, this research adheres to cum-doctrinaire introduced by A. Mukti Ali and the theory relating to the nexus between religion and sciences by Ian G. Barbour. The primary data were sourced from six falakiyah fatwas by the Indonesian Ulema Council from 1976-2010. The data were garnered from documentation and analysed with content analysis. The research results show that scientific studies in falakiyah fatwas of the Indonesian Ulema Council play the following three roles: first, scientific studies are to help understand problems that religious knowledge cannot fathom; second, scientific studies along with syar’ī theorem are referred to as a primary consideration in setting a fatwa; third, the scientific studies serve as the basis of amendments in a fatwa. Unfortunately, Scientific studies are not always consistently taken into account in setting falakiyah fatwah of the council, thereby sparking diverging religious patterns intertwining with sciences in falakiyah fatwas, ranging from conflict relations, independence, and dialogues, to integration.

Measuring the Executorial Power of the Constitutional Court of the Republic Indonesia Decisions

2023-05-15T10:02:22+00:00

This study aims to measure the binding strength of the Constitutional Court's decision in constitutional review cases and to analyze the juridical implications of normalizing norms declared unconstitutional by the Constitutional Court. This research is normative legal research with a statutory approach, a concept approach, and a case approach. The Legislative Approach is used to make an inventory of laws and regulations relating to the position and authority of the Constitutional Court. The conceptual approach analyses legal issues based on concepts related to the executive power of the Constitutional Court's decision. The case approach is used as an object in this research, namely the findings of the Constitutional Court, which are not followed up. The results show that the Constitutional Court's decisions are normatively final and binding, but in reality, several Constitutional Court decisions are not followed up by the legislators; this gives the impression that the Constitutional Court's findings do not have an executive nature. The juridical implication of the normalization of norms is declared unconstitutional by the Constitutional Court. Juridically the model does not have binding legal force, and the cancellation of the legal standard must be carried out.

Compatibility of the Presence of the State Policies with the Presidential Government System in Indonesia

2023-02-15T06:17:37+00:00

The presence of state policies amidst the presidential system has sparked controversies and raised glitches in state administration because these policies and the practice of parliamentarism intersect. On the other hand, fundamental issues arise from the national development planning system, calling for systemic maintenance to reinforce the direction and certainty of development in Indonesia. This article seeks to explore the compatibility of the state policies with the presidential system in Indonesia, mainly focusing on the urgency of the state policies and the form of the policies compatible with the presidential system in Indonesia. This research employed a normative method supported by statutory, historical, and conceptual approaches. To examine the urgency and the compatibility of the policies to the constitutional system in Indonesia, the policies need to be further investigated. The research results show that the urgency of the state policies can be viewed from the need to lead the directions, and policies, and set the certainty of the state development. The presence of these policies is expected to improve the shortcomings of the national development planning system, encompassing improvement of the political aspect of the development plan, constitutional design aspect, and ideological aspect. The compatibility of these policies with the presidential system represents the policies that leave no harm to the standard of the presidential system unless they (i) weaken the position of the president in connection with the parliament, and (ii) require the president to be responsible under the MPR (People’s Consultative Assembly). The compatibility of these policies can be formulated in three models: (i) the DPSP model; (ii) the parent law model as the state policies; and (iii) setting the policies by the MPR by adjusting to the principles of presidentialism.