Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Lex Recta: Journal of Law and Normative Justice Safīnah: Indonesian Journal of Sharia and Islamic Sciences
Achmad Hidayatullah
Universitas Sunan Giri Surabaya

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Judicial Activism and Constitutional Boundaries: A Normative Study of Constitutional Court Decision-Making in Indonesia Mardana Rifta Oktaviana; Achmad Hidayatullah
Lex Recta: Journal of Law and Normative Justice Vol. 1 No. 1 (2026): March: Lex Recta: Journal of Law and Normative Justice
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

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

Abstract

This research examines the constitutional boundaries of judicial activism in the decision-making practice of the Indonesian Constitutional Court through a normative–doctrinal approach. Grounded in the 1945 Constitution, Law No. 24 of 2003 as amended by Law No. 7 of 2020, and Law No. 12 of 2011, the study analyzes doctrinal patterns such as conditional constitutionality, ultra petita reasoning, and open legal policy intervention. By employing systematic, teleological, and structural interpretation, the article constructs a cumulative normative boundary test based on textual fidelity, structural coherence, rights necessity, institutional prudence, and doctrinal consistency. The findings indicate that judicial activism becomes constitutionally legitimate only when interpretative expansion remains demonstrably anchored in constitutional mandates and proportionate remedial design. Conversely, boundary diffusion arises when remedial innovation effectively substitutes legislative policy choices without clear constitutional compulsion. The study contributes theoretically by reframing judicial activism as a conditional constitutional function rather than an inherent judicial disposition, and methodologically by integrating doctrinal mapping with structured evaluative criteria. The proposed framework offers a principled guide for assessing constitutional adjudication legitimacy in transitional democracies
Islamic Theology and Pluralism: Aqidah in Multicultural Contexts Fiqi Restu Subekti; Achmad Hidayatullah; Noni Kensiwi
Indonesian Journal of Sharia and Islamic Sciences Vol. 1 No. 1 (2026): January: Safīnah: Indonesian Journal of Sharia and Islamic Sciences
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

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

Abstract

Pluralism has become an unavoidable reality in contemporary multicultural societies, raising important theological questions regarding how Islamic belief (aqidah) engages religious diversity without losing doctrinal coherence. In contexts such as Indonesia, where social life is shaped by deep religious plurality, Islamic theology is increasingly challenged to articulate faith as a source of ethical guidance, social harmony, and civic responsibility. This study aims to analyze the role of aqidah in responding to pluralism through theological discourse, Islamic education, and social practice. The research employs a qualitative normative interpretative method based on systematic literature analysis of contemporary Islamic theological, educational, and legal studies related to pluralism and religious moderation. Data are examined through thematic and comparative analysis to identify patterns of theological reasoning and practical application. The findings show that aqidah functions as a dynamic moral foundation that sustains firm belief while promoting moderation, dialogue, and coexistence. When integrated into education and da’wah, aqidah strengthens social cohesion and ethical engagement in multicultural settings.
Co-Authors Fiqi Restu Subekti Mardana Rifta Oktaviana Noni Kensiwi