scholarly journals POLITIK PEMBERLAKUAN SYARI`AT ISLAM DI ACEH DAN KELANTAN (1993-2014)

2015 ◽  
Vol 10 (1) ◽  
pp. 41-70
Author(s):  
Khamami Zada

The application of Islamic rules in Aceh and Kelantan is also related to the political power. There is a significant difference about political treatment on the application of Islamic law in Aceh and Kelantan. In Aceh, the central government (Indonesia) thinks that it is needed to apply jinâyah law in Aceh as a strategy to solve conflicts. This political rule has been applied in the republic of Indonesia since the leadership of Habibie, Abdurrahman Wahid, Megawati Soekarno Putri to Susilo Bambang Yudhoyono. The main factor that influences the Indonesian political government rule is the central conflict with the Acehnese in the leadership of Soeharto presidential to the Helsinski Agreement 2005. Some vertical conflicts happened between the central government and the Acehnese were solved by giving special autonomy in applying the Islamic rules. Not only family law and economic law which are given autonomy to be applied in Aceh, but also the autonomy to apply jinâyah Law. In Kelantan, Federal government (Malaysia) did not have political wish to apply Jinayah Law in Kelantan since the leadership of Mahathir Muhammad, Abdullah Badawi to Najib Razak. Moreover the federal government made the issue of the application of jinâyah law as the political commodity to get the political sympathy from the people, who are the partner of non Moslem voters in the national ranks and some Moslem voters who are not affiliated with PAS. This political needs factor is kept by the Federal Government to respond the Kelantan’s government wish to apply Islamic rules.Copyright (c) 2015 by Al-Ihkam. All right reserved DOI : 10.19105/al-ihkam.v10i1.588 

2012 ◽  
Vol 22 (2) ◽  
Author(s):  
Hermanu Joebagio

<p>This study was aimed to describe: (1) the relation among political groups in the system of religio political power, (2) the political system when dealing with foreign trade organization (VOC), and also (3) the political system encouraging vertical mobility of the Javanese society. This research employed historical methods, and the data were collected from both primary and secondary sources. Meanwhile, the reconstruction of historiography greatly regarded diachronic and synchronic aspects. The results of this study showed that religio political power was produced by the process of Islamization. In that political system, there was equality of position between the rulers and the ulama. The ulama as a representation of the people, bring about the consequence that all public policy must be approved by them. Political system is equal to ‘descending of power’. This political system underwent a political change when the central government moved to rural Java, that is changed into nomadism and schizophrenia, because of the strong subordination and repression to the ulama and the opposition groups. The political violence would not build vertical mobility of Javanese people both in education and economic development. Furthermore, this system would face difficulty when deling with the strategy of ex-nihilo by VOC.</p> <p>Key words: religio political power, Islamization, the ulama, ex-nihilo, vertical mobility</p><p> </p> <p>Studi ini bertujuan untuk mendeskripsikan: (1) relasi antar kelompok politik dalam sistem religio political power, (2) sistem politik itu ketika berhadapan dengan organisasi dagang asing, dan (3) sistem politik itu memacu mobilitas vertikal masyarakat Jawa. Riset ini menggunakan adalah metode sejarah, dan pengumpulan data melalui sumber primer dan sekunder. Sementara itu rekonstruksi sejarah utamakan segi diakronik dan sinkronik. Hasil penelitian menunjukkan bahwa sistem religio political power adalah hasil dari proses Islamisasi. Dalam sistem politik itu terdapat kesejajaran kedudukan antara penguasa dan ulama. Ulama sebagai representasi rakyat memiliki konsekuensi setiap kebijakan publik perlu mendapat persetujuan ulama. Sistem politik mempunyai bentuk yang sama dengan descending of power. Sistem politik ini mengalami perubahan ketika pusat pemerintahan berpindah di pedalaman Jawa, yakni menjadi nomadisme dan schizophrenia, karena kuatnya represi terhadap ulama dan kelompok oposisi. Kekerasan politik itu tidak akan membangun mobilitas vertikal masyarakat Jawa, baik bidang pendidikan maupun pembangunan ekonomi. Bahkan akan menghadapi kesulitan ketika berhadapan dengan strategi ex-nihilo VOC.</p> <p>Kata kunci: religio political power, Islamisasi, ulama, ex-nihilo, dan mobilitas vertikal</p> <p> </p> <p> </p>


2021 ◽  
pp. 118-139
Author(s):  
Yuri Suvaryan

CIVILIZATION AND POLITOLOGICAL PROBLEMS OF THE ORGANIZATION OF PUBLIC ADMINISTRATION Logically, according to historical experience, the security of the statehood of each country (nation), the efficiency of public administration are conditioned by the degree of development of the political-state administrative thought and by the level of civilization achieved. If the former is inferior to the latter, then under the influence of that factor the efficiency of public administration is significantly reduced. The statehood, the fate of the people, the possibility of living safely in its homeland are endangered. Therefore, it is necessary to prioritize the increase of public administration efficiency, in particular, to introduce scientific principles in the system of state and local selfgovernment, to develop the political culture of the society and the level of analytical thinking, to attach essential importance to the training of personnel in the fields of political science, diplomacy, international law, to conduct scientific reasearch in those areas with the aim of using the results obtained in making strategic management decisions to clarify the distribution of powers between the branches of government, and to enshrine in the necessary restraint and counterbalance structure. The so-called deep state is a guarantee of state security, effective management in the conditions of generalization, a counterbalancing factor directing the activities of the civil society. In the Republic of Armenia such a role can claim the Armenian Apostolic Church, the intellectual-mature business elite, the high-ranking officers of the army and the National Security Service.


2020 ◽  
Vol 07 (01) ◽  
pp. 1-18
Author(s):  
Helza Lita

Economic justice is one of the objectives of the implementation of Islamic economic system. Waqf is one of the instruments of Islamic economics. It is interesting to study the implementation of economic justice through waqf and how its regulation in Indonesia. This article employed normative juridical method. Based on the Article 22 of the Law Number 41 of 2004 on Waqf, the purpose of waqf is not solely for the purpose of ritual. It can also be used to realize economic prosperity. Based on these provisions, waqf can be managed for the economic empowerment of the people. This is related to the efforts of the improvement of the economic welfare of the people, especially for the weak economic class. According to Islamic teachings, distributive justice is economic justice based on the Holy Quran, Chapter al-Hasyr (59): 7. Waqf has the potential to create the economic balance of society. Because the principle of ownership, according to Islam, regulates that individuals or certain community members are not the only party who control the management of assets. The weak economic class also have the right. It is to avoid economic inequality. Thus, waqf is a solution to actualize economic justice in order to realize public welfare, which is one of Indonesia’s national goals as stated in the Preamble of the 1945 Constitution of the Republic of Indonesia.


Author(s):  
Yuriy Kyrychenko ◽  
Hanna Davlyetova

The article examines the role of political parties in modern state-building processes in Ukraine. The place of political parties in the political and legal system of society is determined. The general directions of overcoming problematic situations of activity of political parties in Ukraine are offered. It is noted that political parties play an important role in the organization and exercise of political power, act as a kind of mediator between civil society and public authorities, influence the formation of public opinion and the position of citizens directly involved in elections to public authorities and local governments. It is determined that in a modern democratic society, political parties carry out their activities in the following areas: the work of representatives of political parties in public authorities and local governments; participation in elections of state authorities and local self-government bodies; promoting the formation and expression of political will of citizens, which involves promoting the formation and development of their political legal consciousness. These areas of political parties determine their role and importance in a modern democratic society, which determines the practical need to improve their activities and improve the national legislation of Ukraine in the field of political parties. Political parties are one of the basic institutions of modern society, they actively influence the ac-tivities of public authorities, economic and social processes taking place in the state and so on. It is through political parties that the people participate in the management of public affairs. Expressing the interest of different social communities, they become a link between the state and civil society. The people have the opportunity to delegate their powers to political parties, which achieves the ability of the people to control political power in several ways, which at the same time through competition of state political institutions and political parties contributes to increasing their responsibility to the people. It is noted that the political science literature has more than 200 definitions of political parties. And approaches to the definition of this term significantly depend on the general context in which this issue was studied by the researcher. It was emphasized that today in Ukraine there are important issues related to the activities of political parties. First of all, it is a significant number of registered political parties that are incapable, ie their political activity is conducted formally or not at all. According to official data from the Department of State Registration and Notary of the Ministry of Justice of Ukraine, 352 political parties are registered, of which 48 political parties do not actually function. The reason for the liquidation of such parties is not to nominate their candidates for the election of the President of Ukraine and People's Deputies of Ukraine for 10 years. According to this indicator, Ukraine ranks first among other European countries. Thus, 73 political parties are officially registered in Latvia, 38 in Lithuania, 45 in Moldova, 124 in Romania, and 56 in Slovakia. However, despite the large number of officially registered political parties in Ukraine, public confidence in their activities is low. It is concluded that political parties occupy a special place in the political and legal system of society and play an important role in the organization and exercise of political power, as well as a kind of mediator between civil society and public authorities. The general directions of overcoming problematic situations of activity of political parties in Ukraine are offered, namely: introduction of effective and impartial control over activity of political parties; creating conditions for reducing the number of political parties, encouraging their unification; establishment of effective and efficient sanctions for violation of the requirements of the current legislation of Ukraine by political parties.


Author(s):  
Saiful Hakam

Historically, In Indonesia, there are two interpretation of the first verse of Pancasila. The first is [Pengakuan adanya Tuhan] Recognition of the Divine Omnipotence. This translation is used to use by secular group including communist and non-Muslim group especially Buddhist and Hindus. This interpretation was dominant in 1945-1965 when Sukarno as the creator of Pancasila still dominated the political power. Or, this verse was dominant when the secular-nationalist group still had strong position in Indonesia. The fact of it is during the time there was no a policy about official religions from state and the requirement of religious teaching in schools and universities. And, it must be noted that Sukarno as the creator of Pancasila in Guided Democracy era, strongly interpreted Pancasila in his speech and address as the Nasakom that is National, Religion, and Communist. Sukarno as the creator of Pancasila strongly insisted that he was truly nationalist and in his heart he was a truly Muslim. So, it can be said the Recognition of the Divine Omnipotence is the original interpretation of the first verse of Pancasila. My argumentation is originally in the early beginning of the Republic the meaning of religion was religion as a faith not as an institution


2020 ◽  
Vol 7 (1) ◽  
pp. 58-68
Author(s):  
Saiful Bari

This research is motivated by the loss of Indonesian citizenship status experienced by Indonesian citizens who are members of ISIS combatants. This is in line with of Article 23 letter e in Law No. 12 of 2006. The purpose of this study is to analyze the arrangements to regain the status of Indonesian citizens. This type of research is normative law. This study uses a law approach and the concept of the problem maslahah. The main material data of this study are from perimer legal material and secondary legal material. The results of this study conclude that first, in the perspective of the Citizenship Law and its implementing regulations, ex-ISIS former citizens are not eligible to regain Indonesian citizenship status as regulated by Article 9 of Law No. 12 of 2006 and Article 2 to Article 12 of PP No. 2 of 2007. Second, in the perspective of the problem maslahah, the Citizenship Act and its implementing regulations do not conflict with the sources and the propositions of Islamic law. Therefore, maintaining the sovereignty of the Unitary State of the Republic of Indonesia and the interests of the people by not giving them RI citizenship status is a beneficial act.


2020 ◽  
Vol 5 (2) ◽  
pp. 113
Author(s):  
M. Arafat Hermana ◽  
Arie Elcaputera

Abstract: Aside from being located as an autonomous region, it is also located as an administrative area; therefore, in addition to regulating the autonomous region, the Governor as the regional head also acts as the central representative in the regions. However, as the head of the region, the Governor is also responsible for regulating his autonomous region and also responsible to the people who elect him. The research objective is to discuss the constitutionality of the Governor's position as the representative of the central government in the region based on the 1945 Constitution of the Republic of Indonesia. The type of research used in this Studi is normative. The results showed that the Governor in carrying out his government in accordance with the mandate of the constitution performed its duties as regional head based on autonomy and assistance tasks. Based on the conclusions that can be drawn about whether the task is interpreted and the authority of the Governor is based on the principle of Deconcentration, the Position of the Governor is the Central Representative in the region and is an expansion of government in the administration of government.Keywords : Governor; Autonomy; Government


2021 ◽  
Vol 3 (2) ◽  
Author(s):  
Rasji Rasji

Village government is the lowest level of government in the Government of the Republic of Indonesia. Its existence is very strategic for the implementation of programs of the central government, local government, and the wishes of the village community, so that the village government can help create a balance between the goals desired by the state and those desired by the people, namely the welfare of the people. For this reason, the role of village government officials is important to achieve the success of implementing village government tasks. In fact, there are still many village government officials who have not been able to carry out their duties and authorities properly and correctly. How are efforts to strengthen the role of village government officials so that they are able to carry out their duties and authority properly and correctly? One effort that can be done is to provide technical guidance to village government officials regarding village governance, the duties and authorities of village government officials, as well as the preparation of village regulations. Through this activity, it is hoped that the role of the village government apparatus in carrying out their duties and authorities will be strong, so that their duties and authorities can be carried out properly and correctlyABSTRAK;Pemerintahan desa adalah tingkat pemerintahan terendah di dalam Pemerintahan Negara Republik Indonesia. Keberadaannya sangat strategis bagi penerapan program pemerintah pusat, pemerintah daerah, dan keinginan masyarakat desa, sehingga pemerintah desa dapat membantu terciptanya keseimbangan tujuan yang diinginkan oleh negara dan yang diinginkan oleh rakyat yaitu kesejahteraan rakyat. Untuk itu peran aparatur pemerintahan desa menjadi penting untuk mencapai keberhasilan pelaksanaan tugas pemerintahan desa. Pada kenyataannya masih banyak aparatur pemerintahan desa yang belum dapat melaksanakan tugas dan wewenangnya dengan baik dan benar. Bagaimana upaya menguatkan peran aparatur pemerintahan desa, agar mampu menjalankan tugas dan wewenangnya secara baik dan benar? Salah satu upaya yang dapat dilakukan adalah memberikan bimbingan teknis kepada aparatur pemerintahan desa mengenai pemerintahan desa, tugas dan wewenang aparatur pemerintah desa, maupun penyusunan peraturan desa. Melalui kegiatan ini diharapkan peran aparatur pemerintahan desa dalam melaksanakan tugas dan wewenangnya menjadi kuat, sehingga tugas dan wewenangnya dapat dilaksanakan dengan baik dan benar.


2019 ◽  
Vol 56 (4) ◽  
pp. 761-784
Author(s):  
Branko Smerdel

Democracies are at risk to be strangled by the populist demagogues, posturing as the only and true leaders of 'the people', while disregarding constitutional "structure of liberty", meaning that, the parliamentary supremacy, judicial review and, above all, the constitutional limits to the very direct decision making by the voters' constituencies. Referenda are being used ever more, often to push certain decision, which could not pass the parliament. The claim is that there must not be any limits to the power of the people. That phenomenon the most esteemed liberal magazine "The Economist" nicknamed coining the word "referendumania", apparently combining 'a mania' with 'referenda'. It has been received with a lot of sympathy by the general public, in circumstances when the television and the Internet shows all the misery of the numerous assemblies, not only in a new but also in the mature democracies. After the referendum on the Brexit has been used as an instrument of the political struggle in the mother of parliaments, Great Britain, which lead to the ongoing "melting down" of the highly valued British political system, it seems that the worst of prophecies are realized by advancing populist forces in a number of Euroepan states. Republic of Croatia has been for a long time exposed to such treats, by the political groups extremely opposed to governmental policies, first by the Catholic conservatives and most recently by the trade unionists. Due to the very inadequate regulation of the referenda on civil initiatives, whereas the decision is to be made by a majority of those who vote, without any quorum being provided, the posibilites of manipulation are enormous. In the lasting confusion, a number of politicians has already proclaimed their intention, if elected the president of the Republic, to use such a referendum in order to remove all the checks and balances between the chief of state and "the people". Taking such treats very seriously in the existing crisis of democracy, the author emphasizes hi plead for an interparty agreement which would enable the referendum to be properly regulated and thus incorporated into the system of a democratic constitutional democracy.


Religions ◽  
2019 ◽  
Vol 10 (3) ◽  
pp. 202
Author(s):  
S. Romi Mukherjee

Following the Charlie Hebdo attacks, the demonstrations or “public mourning” of January 11th, 2015 were heralded by many as the return of the republican sacred, the re-crystallization of a long dormant people, and the resurrection of French fraternity en vivo. However, in the saturation of these political hagiographies, a series of trenchant critiques and observations quickly sought to deconstruct the meaning and putative symbolic power of January 11th. One was struck by the homogeneity of “the people” and the ostensible absence of Arabo-Muslim voices in the somber effervescence that typified the post-Charlie ambiance. Moments of silence were mocked in the banlieue and the homage rendered to the “blasphemers” was blasphemed itself. The imperative to “be Charlie” emerged less as a totemic index of republican solidarity than a Manichean strategy which exacerbated the generally perceived “fracture française”. The result was not only a calling into question of the legitimacy of January 11th, but also a series of counter-articulations which affirmed inter alia “Je ne suis pas Charlie” or worse “Je suis Coulibaly”. January 11th also divided the French left between those who read the event as the re-enchantment of the republican sacred and the people and “liberal” missives which deemed it a simulacra of solidarity, a racist demonstration comprised of “Catholic Zombies” and “Islamophobes”. This paper examines the cleavages engendered by January 11th and its afterlives which reveal not only the fragility of the Republic as a project, but also the fragility of the political sacred that has historically girded this project. At stake is not simply the question “who is Charlie”, but rather “who are the people” and what form they can or should take in a pluralist republic plunged in the perilous entre-deux between communitarianism and the possibility of a cosmopolitan republicanism. January 11th, far from being a simple demonstration, is a metaphor, a nodal point, and a seismograph of the force and frailness of the republican sacred and its capacity to enthrall, convince, and console.


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