Abdurrahim Abdurrahim
Fakultas Hukum, Universitas Tadulako, Indonesia

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Substantive Deliberation in Pancasila Democracy: Integrating Shura and Maqasid al-Shariah Abdurrahim Abdurrahim; Mira Nila Kusuma Dewi; Saba Mohammad Mustafa Albool
Nurani Vol 26 No 1 (2026): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v26i1.34210

Abstract

This article rebuilds the Fourth Principle of Pancasila, namely 'democracy guided by the inner wisdom of deliberation,' through the Islamic constitutional lens of siyasah syar'iyyah, drawing specifically on shura (deliberation) and maqasid al-shariah (objectives of Islamic law). Despite normative constitutional guarantees, contemporary Indonesian legislative practices are increasingly distorted by oligarchic party discipline and majoritarian voting proceduralism, thereby marginalizing substantive public participation. Employing a doctrinal legal methodology, this study evaluates this implementation gap by analyzing the 1945 Constitution, Constitutional Court Decision No. 91/PUU-XVIII/2020 on "meaningful participation," and classical Islamic political theories from Al-Mawardi and Ibn Khaldun. The research finds that tackling this democratic regression calls for an institutional recalibration, one where majoritarian voting is strictly treated as an ultima ratio, a last-resort mechanism used only after rigorous, transparent public reasoning has run its course. The novelty of this study lies in bridging recent constitutional jurisprudence (the rights to be heard, considered, and explained) with the ethical mandates of maqasid al-shariah to construct a robust "overlapping consensus". This proposed framework locks in substantive justice and curbs partisan tyranny within Pancasila democracy, offering an operational standard for inclusive representation without tipping into a formal religious state.