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All Journal Al-Ahkam El-Mashlahah
Sholihin Bone
Universitas Diponegoro
Religion Law, Crime, Criminology & Criminal Justice

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Balancing Individual Political Rights and Institutional Integrity in an Islamic Constitutional Perspective on Party Switching in Indonesia Andi Sugirman; Irfan Amir; Andri Sutrisno; Agnes Fitryantica; Sholihin Bone
El-Mashlahah Vol 15 No 2 (2025)
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v15i2.9995

Abstract

The study examined the regulation of party switching among members of Indonesia’s Regional People’s Representative Councils (DPRD) through an integrated analysis of constitutional law, political rights theory, and Indonesian Islamic jurisprudence. It critically evaluated Constitutional Court Decision No. 88/PUU-XXI/2023 to assess how individual political rights are balanced with institutional stability. Employing a normative legal research approach, the study combined statutory, case-based, and conceptual analyses, enriched with comparative insights from Malaysia, Pakistan, India, and South Africa. The findings found out that current legal mechanisms, particularly the Inter-Temporal Replacement (PAW) procedure under Article 193 of Law No. 23 of 2014, disproportionately empower political parties, undermining electoral legitimacy and legislators’ autonomy. By integrating maqāṣid al-sharī‘ah principles, including al-‘adl (justice), al-maṣlaḥah (public welfare), amanah (trust), and ḥurriyyah siyāsiyyah (political freedom), the study proposed normative and practical reforms to enhance proportionality, transparency, and fairness in regulating party switching. The research contributed to scholarship by linking constitutional law, political representation, and Islamic ethical principles, providing theoretical insights and actionable recommendations to strengthen democratic representation, protect political rights, and reinforce institutional legitimacy in Indonesia.
Reconstructing Marriage Dispensations in Indonesia: Child Protection through Human Rights and Maqāṣid al-Sharī‘a Jaedin Jaedin; Rahayu Rahayu; Ana Silviana; Solehuddin Solehuddin; Sholihin Bone
Al-Ahkam Vol. 36 No. 2 (2026): October
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2026.36.2.32533

Abstract

Marriage dispensations create tension between minimum marriage age requirements and child protection when pregnancy or social pressure overrides risk assessment. This study develops a reconstruction framework that integrates human rights and maqāṣid al-sharī’a. Normative legal research combines statutory, conceptual, illustrative case, and limited comparative approaches, examining Indonesian legislation, a Surakarta determination, a curated Soreang summary, and Egyptian provisions. Findings show that procedural compliance does not establish substantive protection. The cases illustrate divergent outcomes through harm-prevention reasoning, although unequal source completeness limits comparison. Egyptian provisions offer normative insight into registration accountability, medical examinations, and protective monitoring. The proposed framework assesses urgency, risk, and children’s views, alternatives, and protection after determination. Recommendations emphasize individualized assessment, meaningful participation, coordinated services, and monitoring parental commitments within institutional mandates, whether applications are granted or denied. Pregnancy should not automatically justify dispensation. These normative findings establish neither nationwide judicial patterns nor the effectiveness of implementation, requiring further empirical investigation.
Co-Authors Agnes Fitryantica Amir, Irfan Ana Silviana Andi Sugirman Andri Sutrisno Jaedin Jaedin Rahayu Rahayu Solehuddin Solehuddin