Politica: Jurnal Hukum Tata Negara dan Politik Islam

Analisis Putusan MK No. 6/PUU-XXII/2024 tentang Uji Materi Undang-Undang Kejaksaan dalam Perspektif Teori Keadilan Wahbah Zuhaili

Wiwin Fauziyah — 2025-01-22

The Prosecutor's Office plays a vital role in law enforcement as a public prosecutor, contributing to the administration of justice. This study focuses on analyzing the Constitutional Court's Decision Number 6/PUU-XXII/2024 regarding the judicial review of Article 20 of the Prosecutor's Office Law through the lens of Islamic justice principles as proposed by Wahbah Zuhaili. Employing normative legal research methods with a statute and case approach, this study relies on library-based legal materials. The findings reveal two key points: First, the Constitutional Court partially upheld the Applicant's argument, basing its judgment on Article 1 paragraph (3), Article 24 paragraph (1), and Article 27 paragraph (1) of the 1945 Constitution, which address the qualifications for appointing the Attorney General, particularly concerning individuals affiliated with political parties. Second, from the perspective of Wahbah Zuhaili's concept of justice in Islam, the decision deviates from justice rooted in transcendental values derived from the Qur'an and Hadith, as it fails to promote social welfare and collective happiness

Membuka Tabir Corrupt Campaign Practices Di Akhir Masa Jabatan Pejabat Politik di Indonesia

Nurun Najah — 2025-01-27

Corruption is a major factor that undermines government credibility and diminishes the quality of public services. Corruption practices have evolved beyond legal issues to become part of the complex dynamics of political battles, particularly in the context of electoral processes. This study aims to analyze the forms of campaign corruption carried out by political officials at the end of their terms in office and to examine the implementation of law enforcement against political officials involved in campaign corruption in Indonesia. This research employs a normative juridical method, utilizing secondary data analysis, focusing on legal provisions related to criminal acts of corruption, especially campaign corruption, through a literature review and relevant theoretical analysis. The findings indicate that campaign corruption is a systemic issue that damages the electoral process and erodes public trust in government. Abuse of power manifests in various forms, including the use of state facilities, mobilization of government apparatus, and distribution of cash to gain support. The Indonesian government has attempted to address this issue through regulations such as Law No. 31 of 1999, Law No. 20 of 2001, and establishing the Corruption Eradication Commission (KPK). However, law enforcement efforts face several challenges, including political interference, poor coordination among law enforcement agencies, and weaknesses in the legal system that perpetrators of corruption exploit. The contribution of this research lies in identifying gaps in regulations and implementing law enforcement against campaign corruption. This study provides recommendations for strengthening inter-agency coordination, improving existing regulations, and enhancing transparency in electoral oversight, thereby supporting more effective efforts to combat corruption in Indonesia.

Kesetaraan Gender dan Representasi Politik: Perjuangan Partisipasi Perempuan dalam Politik di Kabupaten Nagan Raya, Aceh

Firda ningsih — 2025-01-30

Article 2 of Law Number 7 of 2008 concerning Political Parties jo. Article 173 Paragraph 2 of Law Number 7 of 2018 concerning General Elections mandates that political parties must include at least 30% women in their management and establishment; however, the practice of this target is not being met. The problem of this research focuses on the low participation of women in politics, both according to positive law and Islamic law, as well as the involvement of women in politics in the Nagan Raya DPRK through a fiqh siyasah analysis. This study aims to identify the level of women's political participation from the perspective of law and Islamic law and to explore the factors influencing women's political involvement in Nagan Raya. The research uses a qualitative descriptive method with a statutory approach and descriptive analysis. The research findings indicate that women's participation and position in politics are critical to the effectiveness of their role in policy formulation and decision-making within public institutions. The lack of women's participation in politics is due to the deeply ingrained patriarchal culture in society, which results in gender inequality between men and women. Women's representation in parliament to advocate for their rights and interests in decision-making or policy formulation remains very low. The contribution of this research is to provide insights into the importance of women's involvement in politics and its impact on creating more inclusive policies. This study also highlights the need to address social and cultural barriers to increasing women's political participation in Indonesia.

Pertanggungjawaban Hukum Notaris Pengganti dalam Pembuatan Akta Melampaui Kewenangan di Indonesia

Gaby Handayani Simangunsong — 2025-01-30

A substitute notary is a temporary official appointed to perform the duties of a primary notary during their absence, such as during leave or illness. Under Law No. 2 of 2014 concerning the Notary Office, a substitute notary holds the authority to create authentic deeds and manage protocols, similar to a primary notary. However, exceeding this authority poses significant legal risks, potentially invalidating deeds and leading to serious legal consequences. This study examines the legal responsibilities of substitute notaries in ensuring the validity of deeds they produce, emphasizing the importance of adhering to their defined authority and professional ethical standards. It aims to analyze the implications of substitute notaries exceeding their authority in drafting deeds, particularly in terms of deed validity and legal accountability. Furthermore, the research highlights the necessity of limiting substitute notary authority and implementing strict supervision to uphold the integrity of notarial practices. Using a normative legal method (juridical-normative), the study analyzes laws and regulations through a literature review and qualitative analysis of primary, secondary, and tertiary legal sources. The findings reveal that the legal liability of substitute notaries for deeds made beyond their authority encompasses civil, criminal, and administrative aspects. Such actions can render deeds invalid and cause harm to the parties involved. This research contributes to the field by providing a comprehensive understanding of the legal and ethical boundaries that substitute notaries must respect, offering insights for policymakers to enhance regulatory frameworks and supervision mechanisms. It also serves as a reference for legal practitioners and scholars to identify preventive measures and solutions to mitigate the risks associated with notarial misconduct.

Relasi Adat dan Hukum Islam: Menelisik Akulturasi dan Kearifan Lokal dalam Masyarakat Gorontalo

Dulsukmi Kasim — 2025-02-05

The acculturation between customary traditions and Islamic law in Gorontalo is so strong that the general public often finds it difficult to distinguish between original Islamic teachings and customs that have been Islamized. Some customs have been fully adopted into Islamic law, while others have undergone modifications and adjustments. This study aims to analyze how Islamic law and local customs interact within Gorontalo society and to identify the various forms of acculturation that have taken place. The focus of this research is to examine how customs influence the practice of Islamic law, both in aspects that remain stable and those that have undergone changes. The research employs a library research method by reviewing various sources, including classical Islamic texts, previous studies, and references on both Islamic law and Gorontalo's customary traditions. This sociological approach enables an in-depth analysis of how Islamic legal concepts have transformed through their interaction with local customs. The findings reveal that in the realm of ibadah mahdhahâ€”such as ablution (wudu), dry ablution (tayammum), ritual bathing (mandi wajib), prayer (shalat), almsgiving (zakat), fasting (puasa), pilgrimage (hajj), minor pilgrimage (umrah), and animal sacrifice (qurban)â€”Islamic law has remained stable despite interactions with local traditions. However, in other aspects, such as marriage, inheritance, and certain religious practicesâ€”including remembrance of God (zikir), recitation of the Qur'an, the call to prayer (azan), funeral rites, and Friday prayersâ€”changes in their implementation have occurred due to customary influences. This acculturation process has shaped a distinctive pattern in the application of Islamic law, giving rise to two forms of local wisdom: value-based wisdom and the adaptation of Islamic legal practices through customary processes. The contribution of this study lies in its deeper understanding of how Islamic law adapts within a local cultural context. The findings are expected to serve as a foundation for the development of more contextual studies on Islamic law and as a reference for formulating legal policies that remain faithful to Islamic principles while accommodating local wisdom

Praktik Peradilan dan Kesetaraan Gender: Analisis Implementasi PERMA No. 3 Tahun 2017 di Pengadilan Syariah Banda Aceh, Indonesia

Sulis Mai Fitri — 2025-02-08

Discriminatory treatment and gender stereotypes against women in the justice system are directly related to women's accessibility to justice. The more women experience discrimination and negative stereotypes, the more limited their access to justice becomes. The implementation of Supreme Court Regulation (PERMA) No. 3 of 2017 concerning Guidelines for Adjudicating Cases Involving Women in Conflict with the Law has not been effectively carried out. For instance, some judges in the trial process have not adhered to the guidelines set out in PERMA No. 3 of 2017. In reality, there are still judges who make belittling, blaming, intimidating statements, and use loud voices against women in conflict with the law, which can undermine women's mentality in court. In response to these conditions, the Supreme Court, as the highest judicial institution in Indonesia, has initiated steps to gradually eliminate discriminatory treatment against women in conflict with the law in judicial practices in Indonesia. This study aims to examine the efforts made by judges in implementing PERMA No. 3 of 2017 at the Banda Aceh Sharia Court and to explore the perspectives of Sharia Court judges regarding the implementation of PERMA No. 3 of 2017. The research uses a qualitative method with a field research approach. This study indicates that there are still challenges in implementing PERMA No. 3 of 2017 at the Banda Aceh Sharia Court. However, efforts are being made to reduce discrimination and negative stereotypes against women in conflict with the law. This research contributes to providing insights into the importance of implementing guidelines to reduce discriminatory treatment and offering recommendations to improve the effectiveness of PERMA No. 3 of 2017 in addressing gender discrimination issues in Indonesian courts.

Pemberantasan Korupsi di Indonesia: Dilema antara Penegakan Hukum dan Kepentingan Politik

M. Gafur Aditya H. Siregar — 2025-02-21

The handling of corruption cases in Indonesia faces various challenges, particularly concerning procedural law and political influence. This study examines how legal processes and political dynamics impact the effectiveness of corruption eradication. The central research question explores the extent to which procedural law regulations and political interventions shape law enforcement outcomes. This study aims to analyze the effects of political interference, law enforcement institutions' independence, and procedural law weaknesses on corruption case handling. This research evaluates relevant legal frameworks and case studies using a qualitative approach that combines normative and empirical legal analysis. The findings reveal that political intervention often undermines law enforcement, while gaps in procedural law create significant obstacles to effective corruption eradication. However, a strong synergy between robust legal policies and genuine political will is essential for enhancing the effectiveness of law enforcement against corruption. The implications of this study underscore the need for legal reforms and institutional safeguards to ensure impartial and effective handling of corruption cases in Indonesia.

Dualisme Kewenangan dalam Pengawasan Lembaga Keuangan Mikro Syariah di Indonesia

Ikmal Fata — 2025-02-21

The dualism of authority in supervising Sharia Microfinance Institutions (LKMS) in Indonesia creates legal uncertainty and weak oversight. Kemenkop UKM and OJK have different perceptions regarding the regulation of LKMS, leading to overlapping authority. This situation has the potential to hinder the development of LKMS and reduce public trust in the Sharia financial system. LKMS, such as Baitul Maal wat Tamwil (BMT), play a strategic role in empowering the community's economy and promoting Sharia financial inclusion. However, the regulation and supervision of these institutions often overlap due to differing perceptions of authority. Kemenkop UKM considers BMT to be part of a cooperative under its supervision, while OJK views BMT as a financial entity requiring more technical oversight related to financial services. This study employs a legal-normative method with a descriptive analysis approach, examining documents such as books, legislation, and other relevant materials. The findings indicate that this overlap in authority results in legal uncertainty, weak supervision, and potential risks for customers. The impacts include unclear legal protection for consumers, risks of authority misuse, and low compliance with Sharia financial regulations. Furthermore, this condition may hinder the growth of LKMS, reduce public confidence, and slow down efforts to enhance Sharia financial inclusion. Harmonizing regulations and establishing coordination mechanisms between Kemenkop UKM and OJK are essential to strengthening supervision and ensuring the sustainability of LKMS. Regulatory harmonization is crucial in promoting better governance and increasing public trust in Indonesia's Sharia microfinance system.

Politik Uang dalam Pilkada 2024 Kabupaten Jayapura: Antara Legitimasi Sosial dan Perilaku Memilih

Hendra Yasin — 2025-03-08

This study examines the prevalence of money politics in the 2024 Regional Head Election (Pilkada) in Jayapura Regency, considering its impact on social legitimacy and the electoral behavior of local communities. The research aims to analyze public acceptance and preferences regarding different forms of money politics and the extent to which it influences voting decisions. Three key factors are observed: acceptance, its influence on voting behavior, and the most preferred form of monetary incentives. This study employs a quantitative methodology using a survey. Data collection was conducted through stratified multistage random sampling, involving 440 respondents. The findings reveal several important insights. First, the acceptance of money politics is notably high. Second, financial assistance is the most preferred form of incentive. Lastly, monetary incentives do not operate independently in shaping electoral choices; rather, they function within a broader patron-client framework.

Analisis Yuridis Peran Otoritas Jasa Keuangan dalam Pengawasan Pasar Keuangan di Indonesia: Peluang dan Tantangan

Hilda Husnul Khotimah — 2025-03-20

The Financial Services Authority (OJK) and the Indonesian government are essential in regulating and monitoring financial markets, encompassing stock exchanges, currency trading, and capital markets, to uphold market integrity and safeguard investors against fraudulent operations. This legal research examines the regulatory architecture of financial markets, the procedures for oversight and enforcement, and inter-agency collaboration in the prevention of financial crimes. In the age of digital transformation, financial markets are progressively shaped by technological innovations and global financial trends. This research investigates the degree to which current regulations can accommodate these developments. Additionally, the efficacy of regulatory rules and their conformity with worldwide best practices are examined. This study examines the obstacles encountered by OJK and other financial regulators in maintaining market transparency, combating money laundering, and mitigating risks linked to digital financial services. The results demonstrate that regulatory harmonization, legal certainty, and improved cross-institutional coordination are essential components for fortifying financial governance in Indonesia. By cultivating an efficient and transparent financial ecosystem, regulatory authorities can maintain investor trust and guarantee financial market stability. This study suggests that ongoing regulatory enhancements, technological integration in oversight, and strong enforcement mechanisms are vital for mitigating rising risks in Indonesia's financial sector.