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Muhammad Syahwalan
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syahwalan@iainbengkulu.ac.id
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INDONESIA
AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM
ISSN : 25410067     EISSN : 2684799X     DOI : -
Core Subject : Religion, Social,
Jurnal A-Imarah: Fokus jurnal ini adalah upaya mengaktualkan pemahaman yang lebih baik tentang keilmuan politik Islam dan pemerintahan, baik lokal maupun internasional melalui publikasi artikel, laporan penelitian, dan ulasan buku.
Arjuna Subject : -
Articles 7 Documents
Search results for , issue " Vol 4, No 1 (2019): Vol 4, No 1 Tahun 2019" : 7 Documents clear
PENGATURAN WASIAT WAJIBAH TERHADAP ANAK ANGKAT MENURUT HUKUM ISLAM Kurniawan Akbar, Ade
AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 4, No 1 (2019): Vol 4, No 1 Tahun 2019
Publisher : AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM

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Abstract: The inheritance law is an approved law regarding the transfer of assets issued by a person who is delayed and the consequences for his heirs. In a will which is also called a mandatory will, a will is usually given to people who are not heirs. Mandatory obligation is a mandatory requirement for every Muslim to provide part of the inheritance to family members needed and for adopted children. The type of research used in this journal is a normative legal research method. Normative research or library research is legal research conducted by examining library material or mere secondary data. Normative legal research is to consider the relationship between the legal sciences and positive law. Mandatory wills are made as a basis by the Compilation of Islamic Law to provide part of the inheritance's inheritance for adopted children who may not be given a will by the testator, or adoptive parents who are not given a will by the heir (adopted child). The existence of mandatory provisions in the Compilation of Islamic Law is a bridge that determines the inequality that has occurred so far between adopted children and adoptive parents who have not inherited from each other, because there is indeed no provision to inherit each other between.Keywords: Mandatory Testament; Adopted Child; Islamic law;
REFORMULASI PENYEDIAAN RUANG ASMARA SEBAGAI UPAYA PEMENUHAN KEBUTUHAN SEKSUAL HAK-HAK NARAPIDANA DI LEMBAGA PERMASYARAKATAN (SUATU WACANA PENGATURAN) Pareke, JT
AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 4, No 1 (2019): Vol 4, No 1 Tahun 2019
Publisher : AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM

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Abstract: The results of the study done in the Correctional Institution conducted by the Center of the Study and Development of Kemenkumham Policy for 3 months (4 May-6 August 2009) in 6 Provinces throughout Indonesia, found that the deviation of prisoners' sexual behavior varies greatly from object to object. The study was conducted to 326 prisoners, 108 respondents consisting of Head of Prison, Head of Coaching, Head of Security and discipline, head of coaching and education, and Guardian Prisoners, and 22 people including prisoners' families showed the results: 81 percent or 264 prisoners said they felt uncomfortable when their biological needs are not fulfilled. There are 78 percent or 244 prisoners often fantasize sex, 171 prisoners or 57 percent masturbate and 52 percent or 169 prisoners conduct deviant sexual activities. The above problems show a very different situation from the good and ideals objectives initiated by Sahardjo since the beginning of the establishment of Correctional institution as an institution of guidance, ethics and honor. The two cases above have shown enough that sexual deviations that occur in prisons are in a very alarming stage. Given that the main correctional function is as a process of fostering prisoners when reintegrating with social societies The research method uses doctrinal research methods, which are preliminary studies using a literary approach, in the form of secondary data consisting of primary, secondary and tertiary legal materials. The author finds facts of sexual deviation and the concept of sexual rights in a Human Right perspective, the author argues that reformulation of the provision of romance as an effort to fulfill the sexual needs of prisoners 'rights, the state must fulfill and protect it in the context of prisoners' protection. Reformulation in question without the need to change Law No. 12 year 1999 as the basis of the arrangement, because if the choice is taken as we can understand together that normatively legal politics requires a long time and process. Reformulation of the provision of romance spaces in correctional institutions can use the choice of legal products of Government Regulation as stated in Article 14 verse (2) of Law No. 12 year 1995.Keywords: Romance Room, Sexual Rights Needs, Prisoners.
KEBIJAKAN POLITIK KEUANGAN TERHADAP PEMBANGUNAN NEGARA DALAM SISTEM KETATANEGARAAN ISLAM Syahwalan, Muhammad
AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 4, No 1 (2019): Vol 4, No 1 Tahun 2019
Publisher : AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM

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Abstract: Islam has practically taught people about the income-politics policies employed by Prophet Muhammad SAW from the previous period. Zakat has been well-known as one of the state income concept. Zakat is globally a part of 5 (five) pillars of Islam, besides shadat, prayer, fasting, and hajj. One form of responsibility is to maintain finance income and expenditure. One of the things that will be an interesting improvement in this article is about the method of income and budget spending in order to carry out state activities to achieve the goal of prosperity for the society. The results of the study are zakat, ghanimah, fai ', jizya, and kharaj / tax. The revenue from the sources of funds obtained is allocated to public interests such as poverty eradication, state defense and security, legal development, development of infrastructure and social facilities, and education.Keywords: Income;  Expenditur; tax; policy.
KEBERLAKUAN ASAS NE BIS IN IDEM TERHADAP PUTUSAN PENGADILAN ADAT DALAM TATA HUKUM INDONESIA Masril, Masril; Kosasih, Ade
AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 4, No 1 (2019): Vol 4, No 1 Tahun 2019
Publisher : AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM

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Abstract: The number of cases have been decided and executed by the Customary Court, but are still being processed and tried according to national law. It creates legal uncertainty and tends to conflict with the values of justice and human rights. This tendency is due to law enforcers who prioritize the principle of nullum delictum noella poena sine pravea lege poenali. The criminal law also acknowledges the principle of ne bis in idem for every decided and executed cases, including the Decision of the Adat Court. The result describes that the application of the principle of ne bis in idem to the Decision of the Customary Court has a place in Indonesian law. This can be recognized from the existence of a Supreme Court jurisprudence which states that if a case has been decided by the Adat Court and brought back to court, the Public Prosecutor's indictment must be declared "unacceptable" Niet On vankelijke Verklaark. The implementation of the principle of legality is not only interpreted as nullum delictum sine lege, seen as formal legality, but also as nullum delictum sine ius, material legality by recognizing customary law as a source of law.Keywoords: Ne bis in idem, Verdict, Customary Court.
POLITIK HUKUM ISLAM DAN MAQASID AL-SYARIAH Miskari, Miskari
AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 4, No 1 (2019): Vol 4, No 1 Tahun 2019
Publisher : AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM

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Abstrack: This study will discuss the Politics of Islamic law and maqashid sharia, where both meet at the same point, namely the benefit of the nation and the state and its people both in the world and in the hereafter. In order to realize the Islamic values of Islamic legal politics into real life, fukaha (Islamic law experts) launched a theory, among others, maqashid syari'ah (the objectives of Islamic law). The Maqashid Shari'ah aspect divides three complementary priority scales. First, dharury, as a necessity or necessity, is something that must exist for the sake of human life. If something doesn't exist, then human life will definitely be destroyed. The goals of the daruri are to save religion, soul, reason, property, descent and self-esteem (hurdles, pride or honor). For example, to save lives, the Qur'an instructs humans to eat, but they cannot overdo it. Second, Hajy, or needs, meaning, something is needed for the survival of human life. If something does not exist, then human life will not experience destruction, but difficulties will confront. Third, tahsiny, or decorative-ornamental processes. That is, the absence of decorative-ornamental matters will not destroy the purpose of dharury.Keyword: Politics; Islamic Law; Maqashid Syariah
IMPLEMENTASI NILAI NILAI FIQH SIYASAH DALAM PERATURAN DAERAH (PERDA) SYARI’AH Abdul Jafar, Wahyu
AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 4, No 1 (2019): Vol 4, No 1 Tahun 2019
Publisher : AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM

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Abstract: This scientific work was made to find out the implementation of siyasa law fiqh on shari'a regulations. This study is very important because the Syari'ah Regional Regulation which is made without regard to the values contained in fiqh of siyasah will dry up and lose its Islamic spirit. Even the law that is born can actually create injustice and prosperity if it is later applied in the community. After the researcher carried out the study in depth it was found a conclusion that the Sharia law that had implemented the value of the siyasah included Syari'ah Perda that was oriented and obedient to Islamic Shari'a, the Syari'ah Regional Regulation which was oriented to the benefit of the the value of justice and equality of rights, the Shari'a Regional Regulation that avoids elements of persecution and dignity, and the Shari'a Regional Regulation which is based on the principle of deliberation.Keywords: Fiqh Siyasah; Regional Regulation; Syari'ah
TINJAUAN YURIDIS TERHADAP EKSISTENSI PENGATURAN MENGENAI LINGKUNGAN HIDUP DI DALAM UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 DAN KONSTITUSI REPUBLIK KELIMA PERANCIS Putra, David Aprizon
AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 4, No 1 (2019): Vol 4, No 1 Tahun 2019
Publisher : AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM

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Abstract: The loss of environmental interests in a battle that is clearly unbalanced is one proof that people, nations in this world still do not realize how very important and valuable it is to promote the existence of a living environment. The interests of the environment are the interests of life, not only human life but the life of all living things, the most important of course is that not only life today but life in the future. What will we inherit for the lives of our children and grandchildren later? Fighting that defeats the interests of the environment, not only occurs in the practical realm of the executive, but has also penetrated the legislative line which is certainly full of political content. A more in-depth study is needed regarding this matter; it is only natural that we see the clash between the environmental laws of one and the other environmental laws, not to mention the clash with the laws and regulations below and below them. Constitutional studies are considered very important in the current conditions, especially for Indonesia.Keywords: Environtmental Law; Constitution; Regulation

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