scholarly journals Faktor-faktor yang Mempengaruhi Penyerapan Hukum Islam dalam Perundang-Undangan Pada Era Orde Baru (1965 s/d 1998)

2017 ◽  
Vol 2 (2) ◽  
pp. 151
Author(s):  
Jurna Petri Roszi
Keyword(s):  
Islamic Law ◽  
Political Influence ◽  
The State ◽  
Political Elite ◽  
The Political ◽  
Factors Affecting ◽  
Empirical Level ◽  
Political Configuration ◽  
Almost All ◽  
Religious Courts

The Soeharto government became an interesting theme for nearly every research because of uniqueness of the rule known as the authoritarian nature. However, the uniqueness is only studied until the result of the authoritarian who has raised the anxiety of almost all the people and eventually led to the cessation of Soeharto as head of the State Indonesia. Judging from the perspective of law, the political transition of the period not only political influence, but also influenced the formation of law. This research will discuss about factors influencing absorption of Islamic Law into legislation. In the Order Baru era efforts to ground Islamic law into legislation experienced a variety of responses, both from among Muslims and non-Muslims. Factors affecting the absorption of Islamic law in Indonesia can not be separated from the perennial struggles and tensions in positioning religious relations (shari'a) and the state, between the secularization project and the Islamization of the state and society. This tension occurs in two different important settings. First, the level of scholastic or theoretical-idealistic. Second, the realistic-politic or ideological-empirical level. The debate within the ideological framework has implications for the legal sphere debate. The same complexity is also encountered in internal Muslims because the meaning of sharia itself has its own problems. Where the mazhab of thought and Islamic legal system is not single. The findings of this research is the development of Islamic law in the Order Baru era seen from the legal products that serve as case studies in this study such as UU no. 1 year 1974 about Marriage born at the time of Indonesian political configuration is in otteriter political configuration, but the character of Islamic law product that produced is responsive. Likewise law products UU no. 7 of 1989 on Religious Courts, from the perspective of the formation of a law of responsive character because it is accommodative to Religious Courts institution which is an important part in institutional Islamic law in Indonesia, although UU no. 7 Year 1989 was born when the authoritarian political configuration and in terms of implementation of legal material is conservative. This is seen from the low attention of the political elite to realize the UUPA and even the existence of the institution has existed long before the formal law. In addition, the birth of UUPA is late compared to other judicial laws. Furthermore, the same thing happened to the Compilation of Islamic Law, the Order Baru government's configuration is still considered undemocratic. But in terms of content fully contains the provisions raised from the books of Islamic jurisprudence fiqh containing aspects of marriage, inheritance and perwakafan law. Keywords: Islamic Law, Order Baru, Legislation

scholarly journals Pengaruh Konfigurasi Politik Hukum Orde Baru terhadap Kompilasi Hukum Islam (KHI) di Indonesia

2014 ◽  
Vol 4 (01) ◽  
pp. 220-242
Author(s):  
Mochammad Muslim
Keyword(s):  
Islamic Law ◽  
The Political ◽  
New Order ◽  
The Law ◽  
Political Configuration ◽  
The Relationship ◽  
Religious Courts ◽  
Legal Product

Abstract: This article discusses the influence of legal political configuration of the New Order against the Compilation of Islamic Law in Indonesia. Legal political configuration of the New Order was based on Pancasila and the Constitution of 1945 as the basis of its policy to enhance and improve national law. The background formation of KHI is the need for technical justicial Religious Courts. KHI can be regarded as Indonesian fiqh sound Pancasila due to the influence of political codification and unification of the law of the New Order. This study efforts to prove that the relationship between the political configuration and character of legal product that produces any legal products is a reflection of the political configuration that gave it birth. The character of the law product is determined by the political vision that developed in the midst of society. Sometimes the character of legal product is responsive/populistic and there is also a legal product was characterized by conservative/orthodox/elitist. Likewise with KHI must have certain characters were born as a result of legal political configuration of the New Order regime.Keywords: Effect, political configuration, the new order, and KHI

scholarly journals POLITIK HUKUM DAN UPAYA POSITIVISASI HUKUM ISLAM DI INDONESIA: STUDI TENTANG KONFLIK HUKUM DALAM UNDANG-UNDANG PERKAWINAN DAN UNDANG-UNDANG PERADILAN AGAMA

2015 ◽  
Vol 16 (1) ◽  
pp. 29-49
Author(s):  
Bani Syarif Maula
Keyword(s):  
Islamic Law ◽  
The State ◽  
The Political ◽  
Marriage Law ◽  
Legal Provisions ◽  
The People ◽  
The Law ◽  
Policy Direction ◽  
Article 50 ◽  
Religious Courts

Abstract: The politics of law that ignore the aspirations of society has led to inconsistency in the application of the law because of the differences between the will of the people with the legislation. This study specifically examines the political law in terms of the application of Islamic law in Indonesia which is envisaged in Law No. 1/1974 on Marmage and the Law 7/1989 on Religious Courts (and its amendment Law No. 3/2006). The political situation that characterizes the formation of the Marriage Law and the Law on Religious Courts clearly show trends and policy direction of the state law. It can be seen from the political aspects of the legal establishment, the political aspects of the content of the law (principles and the rule of law), and political aspects of law enforcement. These three aspects have made Islamic law practiced by the Indonesian Muslim community (the living laws) in conflict with formal legal rules defined by the state. The conclusion from this study is that the legal provisions in the Mariage Law that conflict, namely: Article 2 paragraph (1), Article 7 (1), Article 31 paragraph (3) and Article 34 paragraph (1) and (2), as well as Article 42 and 43 paragraph (1). While the legal provisions in the Law on Religious Courts where a conflict is Article 50 of Law No. 7/1989 and Article 50 paragraph (1) and (2) of Law No. 3/2006 (amendment of the same article of the Law No. 7/1989) Keywords: Politics, Law, Conflict of Laws, Islamic Law, Marriage Law, the Law on Religious Courts

EFEKTIVITAS PELAKSANAAN PERATURAN PENCATATAN PERCERAIAN DI KANTOR URUSAN AGAMA

2020 ◽  
Vol 6 (1) ◽  
pp. 1-15
Author(s):  
Juriyana Megawati Hasibuan Dan Fatahuddin Aziz Siregar
Keyword(s):  
Islamic Law ◽  
The State ◽  
Judicial Process ◽  
Positive Law ◽  
State Administration ◽  
Shipping Costs ◽  
The Status ◽  
Happy Marriage ◽  
Religious Courts ◽  
Laws And Regulations

Marriage is a sacred bond which is ideally only held once in a lifetime. Both Islamic law and positive law require an eternal happy marriage. To support this the Koran proclaims marriage as mitsaqan galiza. The marriage is then registered in the state administration. In line with this, the laws and regulations are formulated in such a way as to make divorce more difficult. However, when there are acceptable reasons and due to coercive conditions, divorce can be done through a judicial process. The divorce must then be registered by taking certain procedures. The court delivered the notice and sent a copy of the decision to the marriage registrar to file the divorce properly. The implementation of this divorce record was not effective. The separation of the Religious Courts Institution from the Ministry of Religion has become a factor that causes the registration task not to be carried out. The loss of the obligation to submit a copy of the decision on the judge's ruling caused the recording to be constrained. The unavailability of shipping costs also contributed to the failure to register divorce. Even though there is a threat to the Registrar who neglects to deliver a copy of the verdict, unclear sanctions make this ineffective. As a result of the lack of recording of divorce, the status of husband and wife becomes unclear and opens opportunities for abuse of that status.

scholarly journals The Difficult Path to a Civil Nation: the Experience of Nation-Building in Modern Kazakhstan

2021 ◽  
Vol 8 (1) ◽  
pp. 136-151
Author(s):  
N. A. Baranov ◽  
Sevgi Kok
Keyword(s):  
Collective Identity ◽  
Civic Identity ◽  
Political Elite ◽  
Political Agenda ◽  
The Political ◽  
National Unity ◽  
Interethnic Relations ◽  
Factors Affecting ◽  
State Institutions ◽  
The Republic

Kazakhstan, like most of the multi-ethnic post-Soviet states, in the course of state building, faced the problem of rallying the peoples living in the Republic. Two interrelated projects were being implemented on the political agenda of Kazakhstan: the construction of state institutions and the formation of a civil nation. In a multi-ethnic state, the project of a civil nation is difficult due to the attempts of the titular ethnic group to obtain additional advantages, which causes tension in interethnic relations. The identification of the population, often, occurs by ethnicity, therefore, the policy of civic identity in Kazakhstan is opposed to the “Kazakhization” of language, culture, and social practices. Nevertheless, the process of unification of the nation is successfully developing in the Republic, initiated by the political elite of Kazakhstan. Achievement of national unity was declared a strategic priority in the development of the country. The article analyzes the factors affecting collective identity in the Republic of Kazakhstan: demographic diversity, language policy, state symbols. The article concludes that Kazakhstan is building its statehood based on the domination of the Kazakh ethnic elite, while pursuing a policy of uniting different ethnic groups into a single Kazakh nation.

Sunan Giri dalam Legitimasi Kekuasaan Mataram pada Babad Tanah Jawi

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
M. Ilham Wahyudi
Keyword(s):  
Historical Data ◽  
Political Influence ◽  
The Political ◽  
Text Data ◽  
History Of ◽  
Qualitative Descriptive ◽  
The Media ◽  
Political Conditions ◽  
Almost All ◽  
Descriptive Method

Sunan Giri was the Islamic priest in Java who had enough enormous influence especially in 15-17 th AD century. The name of “Sunan Giri” is not limited referring to Raden Paku (Sunan Giri I) who started the political entity of Giri Kedhaton, but also refers to almost all of the sunans from Giri who are also descendants of Sunan Giri I. The Babad Tanah Jawi (BTJ) as a historical literature book of the Mataram palace in addition to telling the history of Java from the pre-Demak era to Mataram, on the other hand also mentions a lot about the existence of Sunan Giri. This research seeks to reveal the legitimacy narratives of the Islamic Mataram Kingdom in BTJ involving Sunan Giri as a religious figure who can exert political influence on them. By using a qualitative-descriptive method, the writer analyzes the text data of BTJ's narratives that contain elements of legitimacy involving Sunan Giri. From the philological data, it is then balanced with historical data from several historical works to find out how the socio-political conditions occurred in the 15th-17th century AD, especially in Java. The mention of legitimacy related to Sunan Giri in BTJ occurred in the early of Demak, early of Pajang, early until the mid of Mataram. Those stories are closely related to the existence of Sunan Giri as a priest with enormous influence both in Java and outside Java. Therefore, BTJ, which contains such information, has become one of the media for the legitimacy of power by the kings of Mataram.

The Final Stage of the Minority Revolution in the United States. Upward Mobility of Minorities to the Corridors of Power

2021 ◽  
Vol 13 (2-1) ◽  
pp. 62-91
Author(s):  
Irina Zhezhko-Braun ◽  
Keyword(s):  
United States ◽  
Social Institutions ◽  
Electoral System ◽  
The United States ◽  
The State ◽  
Political Elite ◽  
The Political ◽  
Protest Movements ◽  
Electoral Laws ◽  
The Government

This article is the third and final in a series dealing with the birth of a new political elite in the United States, the minority elite. In previous articles, the mechanism of its appearance was analyzed, as well as its ideology, goals, program and values. The black movement, as the most co-organized of all protest movements, is entering the final phase of its development, being engaged in the placement of its representatives in state and federal governments, political parties and other social institutions. The women’s movement has recently been taken over by ethnic movements, primarily blacks, and has become their vanguard. This article describes new social elevators for the promotion of minority representatives into the corridors of power. The logic of promoting people of their own race, gender and nationality to the highest branches of power began to prevail over other criteria for recruiting personnel. During the 2020 election campaign, a new mechanism for promoting minorities in all branches of government was formed. It is based on numerous violations of local and federal electoral legislation. The mechanism of pressure on the US electoral system is analyzed using the example of the state of Georgia and the activities of politician Stacey Abrams. The article describes Abrams’ strategy to create a network of NGOs that are focused on one mission - to arrange for the political shift of the state in the elections. These organizations circumvented existing laws, making the state of Georgia the record holder for electoral irregularities and lawsuits. The article shows that Abrams’ struggle with the electoral laws of her state is based on the political myth of the voter suppression of minorities. The author identifies a number of common characteristics of the new elite. The minority elite does not show any interest in social reconciliation and overcoming racial conflict, but rather makes efforts to incite the latter, to attract the government to its side and increase its role in establishing “social justice” through racial quotas and infringement of the rights of those social strata that it has appointed bearers of systematic racism in society. As the colored elite increases and the government’s role in resolving racial conflicts grows, the minority movement is gradually condemned, it ceases to be a true grassroots movement and turns into astroturfing.

Introduction

2020 ◽  
pp. 1-15
Author(s):  
Teo Ballvé
Keyword(s):  
Political Influence ◽  
The State ◽  
Political Life ◽  
The Political ◽  
Political Spectrum ◽  
Relations Of Power ◽  
Violent Conflicts ◽  
Do So

This introductory chapter briefly explores the ways in which imaginaries of statelessness have structured the political life of Urabá, Colombia. It argues that Colombia's violent conflicts have produced surprisingly coherent and resilient regimes of accumulation and rule—yet this is not to say they are benevolent. In order to do so, this chapter approaches the state as a dynamic ensemble of relations that is both an effect and an instrument of competing political strategies and relations of power. In Urabá, groups from across the political spectrum, armed and otherwise, all end up trying to give concrete coherence to the inherently unwieldy abstraction of the state in a space where it supposedly does not exist. The way this absence exerts a generative political influence is what this chapter establishes as the “frontier effect.” The frontier effect describes how the imaginary of statelessness in these spaces compels all kinds of actors to get into the business of state formation; it thrusts groups into the role of would-be state builders.

Somali National Reconciliation

2019 ◽  
pp. 215-226
Author(s):  
Abdurahman Abdullahi “Baadiyow”
Keyword(s):  
Good Governance ◽  
Participatory Approach ◽  
The State ◽  
Political Elite ◽  
The Political ◽  
Power Struggle ◽  
Governance Practices ◽  
National Reconciliation

This chapter redefines the Somali conflict by refuting Somali exceptionalism and the approach based solely on clan. Instead, it argues that the genesis of hostilities is the state–society conflict that, as a consequence, has generated a violent power struggle among the political elite. In turn, this political elite power struggle has provoked political clannism and Islamism: the two indigenous ideologies. These conflicts have been generated sequentially as a result of state–society conflict, and must be addressed as part of a four-part process of reconciliation. The chapter also recommends a ten-point programme of reconciliation, which gradually realizes good governance practices and comprehensive elite and clan reconciliation. Moreover, it proposes a participatory approach and prudent synthesis of modernity and tradition.

Business and Politics

2019 ◽  
pp. 234-259 ◽  
Author(s):  
John Harriss ◽  
Andrew Wyatt
Keyword(s):  
Tamil Nadu ◽  
The State ◽  
Political Elite ◽  
Financial Resources ◽  
The Political ◽  
Big Business ◽  
Social Democratic ◽  
Democratic State ◽  
Illegal Activities ◽  
The Relationship

The political economy of Tamil Nadu presents a puzzle: in spite of politics that are generally considered to be unhelpful to development, the state does relatively well in terms both of economic growth and of human development. The chapter argues that Tamil Nadu is neither a developmental nor a social democratic state, while having some of the features of both. It is, rather, characterized by Bonapartism. While the state has generally been supportive of big business, the relationship between the corporate sector and the political elite is distinctly “arm’s-length.” The power and influence of business groups has not “grown enormously,” as has been claimed elsewhere. Tamil politicians do not rely for financial resources on big business but have their own sources of finance, some of them in semilegal or illegal activities such as sand mining and granite quarrying.

scholarly journals Predictors of Death Rate during the COVID-19 Pandemic

Healthcare ◽  
2020 ◽  
Vol 8 (3) ◽  
pp. 339 ◽  
Author(s):  
Ian Feinhandler ◽  
Benjamin Cilento ◽  
Brad Beauvais ◽  
Jordan Harrop ◽  
Lawrence Fulton
Keyword(s):  
Health Status ◽  
Repeated Measures ◽  
Regression Models ◽  
State Level ◽  
Political Influence ◽  
The State ◽  
The Political ◽  
County Level ◽  
Political Factor ◽  
Death Rates

Coronavirus (COVID-19) is a potentially fatal viral infection. This study investigates geography, demography, socioeconomics, health conditions, hospital characteristics, and politics as potential explanatory variables for death rates at the state and county levels. Data from the Centers for Disease Control and Prevention, the Census Bureau, Centers for Medicare and Medicaid, Definitive Healthcare, and USAfacts.org were used to evaluate regression models. Yearly pneumonia and flu death rates (state level, 2014–2018) were evaluated as a function of the governors’ political party using a repeated measures analysis. At the state and county level, spatial regression models were evaluated. At the county level, we discovered a statistically significant model that included geography, population density, racial and ethnic status, three health status variables along with a political factor. A state level analysis identified health status, minority status, and the interaction between governors’ parties and health status as important variables. The political factor, however, did not appear in a subsequent analysis of 2014–2018 pneumonia and flu death rates. The pathogenesis of COVID-19 has a greater and disproportionate effect within racial and ethnic minority groups, and the political influence on the reporting of COVID-19 mortality was statistically relevant at the county level and as an interaction term only at the state level.

Sign in / Sign up

Export Citation Format

Share Document