Political crimes are deemed to be problem, especially regarding their enforcement. Positive law has been set but the political crimes continue to occur. It is presumably caused by unpreparedness of the supporting factors to compensate for sophisticated and varied political crimes, criminal sanctions and a weak political will. As a result, there is a gap because of the breach of the law principles itself. Accordingly, it is necessary to study whether the positive law enforcement can reach all kinds of political crimes, how the criminal policies are formulated and the constraints and solutions to be pursued. In exposing the above issues, this research is descriptive analysis using normative juridical method. Their validity are checked through triangulation examination technique and then analyzed by qualitative analysis. The results revealed that political crimes are crimes against public interest and the occurrence process relates with the power and political activity as their means. If the power and political activity are synergized and strong, the political crimes will find their perfection. Positive law is essentially the result of a series of political processes. Consequently, any enforcement effort of positive law on political crime cannot be completed because political crime always coincides with high-tech, high management and high politic beyond the boundaries of reality (law, morality, culture and common sense). It then develops into a discourse that is planned, organized and controlled to be untouched and unreached crime. Meanwhile, positive law works in a linear-mechanistic way based on doctrine of Legal Positivism or Rechtsdogmatiek by promoting criminal policy in the form of penal policy that in reality had lost much of its authority.

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Law Enforcement against Criminal Acts in Politics in Indonesia Connected with Positive Law

Coalitions of political parties built within the presidential system, especially in Indonesia, are non-binding and permanent. If government policies or programs are not famous or inline, political parties tend to engage in opposition. This study aims to determine the implementation of the presidential system with a multiparty system and efforts to realize a stable and dynamic government based on the Indonesian constitutional system. This research uses a normative approach. Types and sources of legal materials consist of primary legal materials, secondary legal materials, and tertiary legal materials. The analysis technique used in this research is the hermeneutic analysis method. The study results concluded that with the implementation of the presidential system with a multiparty system, it is rare for a President to be elected and from the majority party. Furthermore, with the election of a minority President and a majority in Parliament, the President will strengthen his position by forming a coalition. However, building a stable coalition is difficult in a multiparty presidential democracy. In this regard, the institutional engineering agenda that needs to be designed includes simplifying the number of factions in Parliament by tightening the threshold requirements for fraction formation; parliamentary coalition regulations aimed at both political blocs (coalition and opposition); strengthening the institution and authority of the Regional Representative Council to balance the House of Representatives so that checks and balances not only occur between the President and the House of Representatives but also between the House of Representatives and the Regional Representative Council.

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The Presidential System with a Multiparty System is Based on the 1945 Constitution of the Republic of Indonesia

The purpose of this study was to measure the content validity by expert panel instruments shura elements among Islamic teachers in primary schools. This study was conducted to study the content validity of the shura instrument through two-step process namely development and judgment. In the first step, the domain determination and instrumentation. While the second step, the content validity ratio and content validation index were performed. Suggestions of expert panel and item impact scores are used to examine the instrument face validity. A total of eight expert panels which consist of five professional experts in the field and three experts who served in the primary school field were appointed as instrument approval panels. The findings show that (N = 8, CVR = 0.75, CVI = ≥0.8) and 48 items were remained. The findings also clarify the origin and definition of content verification, content verification methods, the role of validity of content in legitimate arguments, and unresolved issues in content validation. Therefore, this version of instruments shura possesses desirable validity and reliability indices. The scale seems to measure specific aspects of quality in shura and suitable to be used as a measuring tool for the related future studies.

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Determining Content Validity Instruments Shura Elements among Islamic Teachers in Primary Schools

Sharia compliance is the basic basis for assessing whether Islamic banks have enforced sharia law. Law enforcement by Islamic banking must reach the element that the bank has implemented the rules of muamalah related to the prohibition of usury and dzolim. The factual phenomenon is fraud in the murabahah consumptive financing contract by Bank A Syariah. This is important to study and analyze considering that law enforcement on sharia compliance in bank A Syariah on contract and financing instruments has an impact on customer and public trust. This research uses normative legal research methods, with a critical legal study approach. The results of the study show that law enforcement is not directly proportional to sharia compliance. There is still a “legal trick” (Hilah) in the murabahah consumptive financing contract. Hilah is part of the legalization of taking usury. Bank A Syariah business activities have not been maximally carried out in the real or productive sector. Productive sectors, such as livestock, food crop agriculture, food and beverage processing industry, and others. Second, murabahah consumptive financing still relies on the pattern of consumptive lending in the form of a privileged civil servant decree as collateral. The object of the contract is money, not the real sector, so that the murabahah contract fraud by Sharia bank A also surfaced. The murabahah contract that is carried out between BA customers and Sharia bank A is one of the cases that justifies Islamic banks only have sharia labels, but their implementation has not been sharia.

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Law Enforcement on Sharia Compliance: a Case Study on The Murabahah Consumptive Financing Agreement of Bank A Syariah

The purpose of this study is to answer the formulation of the problem of how is the objective condition of Islamic law in the politics of law in Indonesia and to find a concept to integrate Islamic Islamic law into State law. The research method is qualitative with a normative, philosophical and sociological approach. Substantially, the idea of formalizing Islamic law in Indonesia cannot be maximized without adaptation and reform to Islamic law, namely through ijtihad and maslahat. Every text of the Al-Qur’an and hadith that contains the law must contain maslahat. So that maslahat is an attempt to explore the meaning of the text of the Al-Qur’an. Maslahat is operationally manifested in the form of ijtihad theories, for example; qiyas, maslahah mursalah, istihsan, syad al-zdari’ah and urf. Likewise, maslahat affirmation of laws that are not contained in the Al-Qur’an and hadith, can be confirmative and can also be negative. The identification of maslahat as the essence of maqashid al-sharia is based on 1) the texts of the Al-Qur’an, the majority of which are in the form of amar and nahyu, (2) Illat and wisdom found in al-Quran and hadith, (3) al-Istiqra’.

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Integration of islamic sharia in national legal system

Dimotivasi oleh langkahnya kajian tentang negara dalam perspektif hukum Islam di Indonesia, didasarkan pada penelitian mendalam, penulis menuangkan hasilnya dalam buku ini Buku ini mencakup tema - tema seputar:rnHubungan agama, negara, dan hukumrnPrinsip - prinsip negara hukum menurut Al-Qur'an dan SunnahrnPenerapan prinsip - prinsip negara hukum pada masa kini

Muhammad Tahir Azhary

Papers

Negara Hukum: Suatu Studi Tentang Prinsip-prinsipnya Dilihat dari Segi Hukum Islam, Implementasinya pada Periode Negara Madinah dan Masa Kini