Hasim, Hasanuddin
Institut Agama Islam Negeri (IAIN) Kendari

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KETERBUKAAN INFORMASI PUBLIK DALAM NEGARA HUKUM Hasim, Hasanuddin
Al-'Adl Vol 11, No 2 (2018): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

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Abstract

Information is the basic need of every person for personal development and social environment. Almost in every aspect of human life, starting from activities to fight for oneself and community groups to the implementation of government in the life of the nation and state, requires information. The concept of transparency and information is not only closely related to accountability but also with the rule of law in general. Both concepts can be seen as a necessary prerequisite for the successful participation of the general public in the life of the nation and state. Guaranteed freedom to obtain information can encourage the democratic process by opening up access to information to the public, so the people will be able to utilize available information to be critical in the process of public policy making, and in controlling the government, so that information monopolies do not occur. Law No. 14 of 2008 concerning Disclosure of Public Information is an effort to guarantee the right of everyone to obtain public information in order to encourage and improve the quality of community participation to provide input in public policy making. In the concept of the rule of law, what needs to be idealized is law, which then the law in the concept of state must be the foremost commander in regulating the pattern of life of the nation and state. The purpose of public information in the field of law is information created by public institutions tasked with promulgating legal products. These include primary legal sources such as regulation of legislation (regels) along with implementing regulations, decisions of state administration officials (beschickking), court decisions (verdicts) and or court decisions that have become jurisprudence, and policy rules (beleids- regels). With the concept of the rule of law which has been clarified by the existence of several developments regarding the rule of law, then Law No.14 / 2008 concerning Public Information Disclouser, is a way to embrace state propriety in guaranteeing human rights, both in groups, as well as individually.
Gagasan Muatan Materi dalam Perubahan UUD 1945 Hasim, Hasanuddin
Al-Adl Vol 10, No 2 (2017): Al-Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

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Abstract

Reform 1998 led some party factions and groups to amend the 1945 constitution (amendment). Starting with the first amendment (1999), the second amendment (2000), the third amendment (2001) and the last changes in the fourth (2002). Although it has been four times changed, there are some parts that could not be changed because of the agreement of the founders of the nation at the time of drafting the constitution (BPUPKI) that the 1945 Constitution, the Basic state philosophy of Pancasila, Destination country, Principle of a state of law, principle of popular sovereignty, Principle state unity, and the principle of the republic. In terms of changes to the constitution, there are some things that need to be added to the substance, namely the existence of regulations on the protection of human rights and citizens; The imposition of a state government structure that is fundamental, and their limitations, and the division of tasks is also a fundamental constitutional.
PERKEMBANGAN POLITIK KETATANEGARAAN ISLAM DI INDONESIA Hasim, Hasanuddin
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol 12 No 2 (2018): BILANCIA
Publisher : Bilancia: Jurnal Studi Ilmu Syariah dan Hukum

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Abstract

The development of Islamic constitutional politics in Indonesia from time to time starting from the Dutch colonial period, the Japanese colonial period, the independence period, the old order period, the new order era and Islamic politics during the reformation era experienced different turmoil, not only in the form of structural reform government but to the grassroots of the community. Then over time, the scholars realized that their struggle would not succeed if they continued traditional methods. Therefore there needs to be a change which, although originating from its own colonial influence, is struggling through social education organizations or constitutional political movements. The presence of scholars in the political field should have a positive impact, contributing to the creation of a moral structure of political structures, because ulama are moral symbols. However, when the Ulama was polarized in such a way, that often between a cleric and other scholars faced each other and defended their respective parties. This condition will lead to division and the impact will confuse the people, so that it will weaken the strength of the Muslim community itself, which is often used by other party groups.