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Legal Implications of Constitutional Court Decision 168/PUU-XXI/2023 on Employment Termination within Islamic Political Jurisprudence Tabita, Kanaya; Khalid, Khalid; Mora Matondang, Maulidya
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): June 2025
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1368

Abstract

This research examines the legal implications of Constitutional Court Decision No. 168/PUU-XXI/2023 on employment termination, analysed through the framework of Islamic political jurisprudence (siyasah dusturiyyah). The primary objective is to explore how the decision aligns with constitutional protections for workers while reflecting core Islamic governance principles. Using a qualitative normative-juridical approach, the study combines statutory interpretation, doctrinal analysis, and a comparative review of classical and contemporary Islamic legal thought. Data sources include Constitutional Court documents, national labour legislation, and scholarly works on Islamic political law. The findings reveal that the decision reinforces due process in employment termination, curtails arbitrary dismissals, and upholds constitutional guarantees of justice and equality. From the perspective of siyasah dusturiyyah, these outcomes correspond to foundational principles such as justice (al-‘adl), public interest (maslahah), and the prevention of harm (dar’ al-mafasid), thereby harmonising state authority with moral and religious imperatives. The study concludes that the Court’s reasoning, although grounded in constitutional law, implicitly supports Islamic political values that emphasise balanced protection for both employers and employees while safeguarding human dignity in the workplace. The academic contribution lies in offering a conceptual model for integrating constitutional adjudication with Islamic political jurisprudence in labour law reform. This integration provides a theoretical basis for policymakers and legal practitioners to develop regulatory frameworks that are both constitutionally compliant and consistent with Islamic governance ethics, thus advancing the discourse on the convergence of national and religious legal systems in the protection of workers’ rights.
Laik Fungsi Jalan Provinsi Berdasarkan Peraturan Gubernur Sumatera Utara Nomor 48 Tahun 2023 Tentang Rencana Aksi Keselamatan Lalu Lintas dan Angkutan Jalan Tahun 2024-2028 dan Perspektif Siyasah Dusturiyah Nasution, Almunadia; Matondang, Maulidya Mora
AL-SULTHANIYAH Vol. 14 No. 2 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i2.4288

Abstract

This study aims to analyze the implementation of provincial roadworthiness based on Governor of North Sumatra Regulation No. 48 of 2023 on the Road Traffic and Transport Safety Action Plan 2024–2028, with a particular focus on the Aek Nabara–Ajamu road segment. The research applies a normative legal method with juridical and conceptual approaches, supported by primary legal materials such as laws and regulations, as well as secondary materials including academic literature and the thoughts of classical and contemporary Islamic scholars. The analysis is conducted qualitatively through systematic interpretation and the integration of maqashid al-shari’ah principles, particularly hifzh al-nafs (protection of life) and hifzh al-mal (protection of property). The findings reveal a significant gap between normative law and empirical conditions, as many provincial roads fail to meet roadworthiness standards. From the administrative law perspective, this situation constitutes a violation of legality and accountability principles, while from the siyasah dusturiyah perspective, it reflects negligence in fulfilling leadership responsibilities.
Legal Protection For Women as Victims of Sexual Morphing From the Perspective of Islamic Criminal Law Matondang, Maulidya Mora; Bara, Afni Afsah Batu; Harahap, Tasya Devina Putri; Gita, Yolanda Ayu; Putri, Sophia Mada; Rizki, Ananda Tama
International Journal Of Education, Social Studies, And Management (IJESSM) Vol. 5 No. 2 (2025): The International Journal of Education, Social Studies, and Management (IJESSM)
Publisher : LPPPIPublishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52121/ijessm.v5i2.834

Abstract

This paper highlights the contemporary issue of gender-based violence that occurs in the digital space, especially in the form of a crime known as morphing. Morphing is actually a technique in the field of digital technology that initially did not have a criminal connotation, but was used legally in industries such as film to create certain visual effects - namely by changing the character or shape of an image from one form to another. However, the development of this technology has also opened up opportunities for misuse by irresponsible parties. The morphing technique is now often used for actions that are detrimental and demeaning to the dignity of victims, especially women. The perpetrators usually edit or manipulate the victim's personal images or videos without their knowledge and consent, and combine them into pornographic visual content. This modification is then distributed with the intention of blackmailing, intimidating, or destroying the victim's reputation in the public eye. The main focus of this study is how forms of legal protection can be applied to women as victims of morphing crimes, especially based on the regulations contained in Law Number 12 of 2022. This study aims to provide an analysis of these legal provisions within the framework of creating a fair and socially just justice system, as well as making related articles a strong legal basis.