Al-Daulah : Jurnal Hukum dan Perundangan Islam <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:</p> <p><strong>p-ISSN: <a href=";1318819181&amp;1&amp;&amp;" target="_blank" rel="noopener">2089-0109</a> dan e-ISSN: <a href=";1456373904&amp;1&amp;&amp;" target="_blank" rel="noopener">2503-0922</a></strong></p> en-US (Ikhsan Fatah Yasin) (Achmad Safiudin R.) Tue, 01 Oct 2019 00:00:00 +0000 OJS 60 Resiliensi Anak yang Berkonflik Dengan Hukum: Refleksi Implementasi UU. No.11 Tahun 2012 Mengenai Proses Diversi <p>Settlement of child criminal cases using the restorative justice approach and diversion in accordance with Law No. 11 of 2012 is an important breakthrough in the development of criminal law processes in Indonesia. At the conceptual level, the implementation of the process takes into consideration the fulfillment of children's rights and has a concern for the child's future. To achieve the future the child must have the resilience to deal with difficult situations throughout his life journey. Likewise, children who are in conflict with the law, on the other hand they are perpetrators of crime and on the other hand they are victims of the surrounding social system. The results of this study indicate that Children in conflict with the law (ABH) who are resilient tend to get support from various parties so that they can get through difficult situations and face the future with confidence, but conversely with ABH who are not resilient. The results of this study are important notes to reflect back the implementation of Law No.11/2012 on restorative justice and diversion, because the diversion process undertaken by ABH does not differentiate their resilience levels. It is the strength of the protective factor that affects the differences in the resilience of ABH who undergo legal proceedings through diversion.</p> nailatin fauziyah Copyright (c) 2019 Al-Daulah : Jurnal Hukum dan Perundangan Islam Tue, 01 Oct 2019 00:00:00 +0000 Konstruksi Model Wakaf Perusahaan Dalam Negara Hukum Indonesia <p>This study aims to explore the model of management and development of company waqf assets in Malaysia and Singapore, and their relevance to the development of company waqf construction in accordance with Indonesian waqf law and the wisdom of traditions that have developed. By using an interpretive explorative type qualitative approach, this research resulted in the finding, that the construction of the management model and development of corporate waqf assets in Indonesia in accordance with the context of Indonesian waqf law and traditional wisdom are business entities, banks, universities, foundations, hospitals, cooperative. So as to realize the strengthening of the holistic corporate waqf model in Indonesia, it is necessary to strengthen the regulatory stakeholders as well as an integrative and holistic understanding among scholars.</p> Lukman Santoso, Miftahul Huda Copyright (c) 2019 Al-Daulah : Jurnal Hukum dan Perundangan Islam Tue, 02 Apr 2019 00:00:00 +0000 Eco-Fiqh: Pendekatan Maslahat Terhadap Amdal dan Konservasi Lingkungan <p>This study based on postulate that both maslahat and primary texts of Islam are never contaradicting essentially, where holy text is guidance for humankind for goodness of world and hereafter. Based on ‘maslahat approach’, appear idea of eco-fiqh to respond several envoronmental problems. This article aims to study about eco-fiqh which is based on maslahat approach (benefit) and analysis about environmental impact (amdal). To realize benefit of development, regulation of analysis about environmental impact must be obeyed, because it is supported by Islamic principle that “preventing the adverse effects is more prioritized than taking advantages”. Eco-fiqh guides a principle that prevention of environmental adverse effects for longer time than to take economic benefit for shorter time. Preserving the environment is prophetic doctrine and also a mainstream of Islamic doctrine which sometimes ignored. Preserving the environment is not only ‘tahsiniyat’ or ‘hajiyat’, or “dharuriyat’. Idea of eco-fiqh is an effort to put environmental conservation as mainstream of Islamic doctrine. Therefore, it brings about eco-piety beside spritual and social piety.</p> Muhammad yusuf Copyright (c) 2019 Al-Daulah : Jurnal Hukum dan Perundangan Islam Thu, 03 Oct 2019 00:00:00 +0000 Peranan Partai Politik Islam Dalam Pelaksanaan Pemilihan Kepala Daerah Serentak di Indonesia <p>The Islamic Political Parties in support of simultaneous Regional Head Elections in Indonesia have proven to contribute significantly to a very pluralistic national political system. Increasing the capacity and performance of Islamic political parties directly influences the quality of democracy and the performance of the political system in Indonesia, so that the role of Islamic Political Parties needs to be improved, both in capacity, quality and performance in order to realize the quality of democracy in Indonesia. The birth of Islamic parties in Indonesia today has added to the treasures of democracy in Indonesia, this birth phenomenon is thought to be a manifestation of the re-presence of Islamic political power. The quality of democracy can be influenced one of them through the implementation of simultaneous regional head elections in 2018 which are carried out in a constitutional, peaceful, honest and fair manner. The quality of democracy is also determined by the existence of democratic institutions, actors of democracy, actors' relations with institutions, public issues, and the capacity and strategy of democratic actors in linking between political party platforms that carry candidates with issues of public interest. The success of the substance of the implementation of the Regional Head Election simultaneously can be measured from the effectiveness of the system</p> Sri Warjiyati Copyright (c) 2019 Al-Daulah : Jurnal Hukum dan Perundangan Islam Thu, 10 Oct 2019 00:00:00 +0000 Penerapan UU No. 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak di Wilayah Kabupaten Pamekasan <p>The problems of children are increasing and increasingly diverse. It causes them to be classified as Children in Conflict with Law (ABH), either as perpetrators or victims. The problems are sexsual crime, theft, scuffelling, mugging, and drug addictive cases.The existance of Law No. 11 of 2012 concerning the Act of Children Criminal Justice System (UU-SPPA) in lieu of Law No. 3 of 1997, is expected to give more rights to ABH. UU-SPPA has been implemented as it has been stated in the Act, such as the implementation of Diversification as regulated in the UU-SPPA and also Supreme Court Regulation No. 4 of 2014 concerning Guidelines for the Implementation of Diversity in the Children Criminal Justice System (UU-SPPA). The judges spesialized for Juvenil courts are already available, but the prosecutors and the police are not yet available. During the legal process, ABH is not detained except in certain cases (ultimum remidium). However, the implementation of the decision cannot be carried out perfectly due to the unavailability of facilities and infrastructure which are mandated by the SPPA, such as vocational training institutions, the Child Welfare Organization (LPKA).</p> Umi Supraptiningsih Copyright (c) 2019 Al-Daulah : Jurnal Hukum dan Perundangan Islam Tue, 15 Oct 2019 00:00:00 +0000 Peran Pemerintah Daerah Kabupaten/Kota Dalam Pengawasan Tenaga Kerja Asing di Indonesia <p>Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia implies that the natural resources which belong to the State are used for the prosperity of the people of Indonesia. Thus, in carrying out the mandate of the Constitution to create justice for the community and national economic development of employment including foreign workers, the government should provide a good mechanism and supervision so that there will be no gap between the mandate of the constitution and the acceleration of economic development involving foreign workers. Labor inspection done by a separate working unit in the agency whose scope of duties and responsibilities is in the field of employment is in the central government, provincial government, and district/ city government. This study used a normative-empirical approach, where the researcher examined the law and its implementation regarding the roles of district/ city governments in the supervision of foreign workers. The purpose of this study was to examine the extent of the roles of district/ city governments in overseeing foreign workers in their regions. The results of the study showed that the roles of district/ city governments in carrying out the supervision of foreign workers in Indonesia were not regulated by laws of No. 23 of 2014 concerning regional government, PP No. 20 of 2018 concerning the use of foreign workers, and Minister of Manpower Regulation No.10 of 2018 concerning procedures for the use of foreign workers. Thus, its implementation made it difficult for district/ city governments to oversee the presence of foreign workers in their areas.</p> La ode Dedihasriadi Copyright (c) 2019 Al-Daulah : Jurnal Hukum dan Perundangan Islam Fri, 18 Oct 2019 00:00:00 +0000 Hudud Terhadap Pencurian dan Penodongan atau Perampokan Dibandingkan Dengan Ketentuan Hukum Pidana Positif Indonesia <p>Allah exaggerated the threat of punishment for the perpetrators of the hijab above the threat of punishment for the perpetrators of murder or theft. This threat applies not only if the acts of hirabah are committed to Muslims, but also if they are carried out to other religious people who live under Islamic rule. Allah has mentioned the forms of punishment for the perpetrators of hirabah crimes, namely being killed (if they are only human lives without robbery), killed by crucifixion (if killing and seizing the victim's property), crossing their arms and legs crossed (those who only seizing property and not killing the victim), disposed of (if only the perpetrator commits terror or scares the victim by threatening). The threat of punishment for violent theft according to Article 365 of the Criminal Code is: Article 365 paragraph (1) of the Criminal Code (imprisonment for a maximum of nine years), Article 365 paragraph (2) of the Criminal Code (imprisonment for a maximum of twelve years), Article 365 paragraph (3) of the Criminal Code (jail sentence of fifteen years at the most). Article 365 paragraph (4) of the Criminal Code (capital punishment or life imprisonment or for a certain period of twenty years at the most).</p> Duwi Handoko Copyright (c) 2019 Al-Daulah : Jurnal Hukum dan Perundangan Islam Thu, 24 Oct 2019 00:00:00 +0000