Khalisatun Nurussa’adah
Program Studi Hukum Tata Negara, Fakultas Syariah dan Ekonomi Islam Institut Agama Islam Darul Ulum Kandangan

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

PEMBENTUKAN UNDANG-UNDANG DI INDONESIA DALAM PERSPEKTIF FIQH SIYASAH: INTEGRASI PRINSIP KEADILAN, KEMASLAHANTAN, DAN PARTISIPASI PUBLIK Khalisatun Nurussa’adah; Akhmad Zaki Yamani
JOURNAL OF LAW AND NATION Vol. 4 No. 2 (2025): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The formulation of laws is one of the fundamental pillars of Indonesia’s constitutional system, shaping public policy and the implementation of democratic principles. From the perspective of fiqh siyasah (Islamic political jurisprudence), lawmaking is not merely a political process but also a means to realize the values of justice (al-‘adl), public welfare (al-mashlahah), and public participation (musyarakah). This study aims to analyze the legislative process in Indonesia by examining the extent to which the principles of fiqh siyasah are integrated into the modern legislative system. The research employs a qualitative method with a normative and descriptive-comparative approach. Data were collected through literature studies on legislation, fiqh siyasah sources, and relevant academic documents. The findings reveal that Indonesia’s legislative process has partially accommodated the values of fiqh siyasah, particularly in aspects of social justice and public participation through mechanisms of public consultation and aspiration channels. However, the implementation of the principle of maslahah (public welfare) remains constrained by political interests and weak institutional coordination. Therefore, the integration of fiqh siyasah principles in lawmaking should be strengthened through an Islamic legal-ethical approach that emphasizes the moral responsibility of lawmakers toward public welfare.