Bustamar Bustamar
Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

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The Dismissal of State Administrative Officials under Indonesian Positive Law and Maqasid al-Shariah Nadya Fransiska; Bustamar Bustamar
Hakamain: Journal of Sharia and Law Studies Vol. 5 No. 1 (2026): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v5i1.1881

Abstract

This study aims to analyze the dismissal of state administrative officials through a comparative examination of Indonesian positive law and the perspective of Maqasid al-Sharia, focusing on the relationship between formal legal certainty and substantive justice. This study employs qualitative field research using interviews and documentation of dismissal cases involving the Heads of Payakumbuh Timur and Lengayang Subdistricts in Pesisir Selatan Regency. The data were analyzed comparatively by integrating principles of Indonesian administrative law with the framework of Maqasid al-Sharia. The findings reveal that Indonesian positive law provides a normative and procedural framework for the dismissal of administrative officials; however, its implementation may undermine procedural justice, particularly when officials are not adequately given opportunities for clarification and self-defense. From the perspective of Maqasid al-Sharia, dismissals that disregard procedural justice may create bureaucratic mafsadah and undermine public welfare. The study concludes that the dismissal of administrative officials should balance legal certainty with substantive justice by ensuring procedural fairness throughout the administrative decision-making process. The academic contribution of this study lies in developing an integrative analytical framework that connects administrative law with Maqasid al-Sharia to evaluate dismissal practices and promote administrative governance that is legally valid, procedurally fair, substantively just, and ethically legitimate..