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All Journal JHR (Jurnal Hukum Replik) Journal of Transcendental Law Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Mahendra, Sandya
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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An Analysis of The Perspectives of Aristotle And Imam Al Shatibi on Legal Justice Parid; Mahendra, Sandya; Nur Milla
Journal of Transcendental Law Vol. 6 No. 2 (2024): Journal of Transcendental Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v6i2.8446

Abstract

The issue of justice in society is still a matter of debate among academics, working practitioners and ordinary people. The objectives of this research include (1) To explain the concept of justice in the views of Aristotle and Imam Asy Syatibi; (2) To conduct a comparative analysis between Aristotle's and Imam Asy Syatibi's concepts of justice. The research method used is qualitative research using a philosophical and comparative approach. The results of this research explain that Aristotle's view of justice is a grant of equal rights but not equality. Aristotle differentiates equal rights from proportional rights. In his view, Aristotle divided it into three types, namely, commutative, distributive and corrective justice. Meanwhile, in Imam Asy-Syatibi's view, the concept of justice is part of the maqashid sharia framework, which is the goal of religion to create benefits for all mankind. Ash-Syatibi conceptualizes justice in the Kulliyat al-Khamsah principle with the following priorities: maintenance of religion, soul, lineage, reason, and property which are summarized in three levels, namely dharuriyyat, Hajiyyat, and Tahsinniyat, Aristotle and Imam Asy-Syatibi have similarities and differences which is pretty basic. The similarity of the concept of justice in Aristotle and Imam Asy-Syatibi lies in the desire that justice can lead to the welfare of society and create a civilized, moral personality in society. Meanwhile, the difference between Aristotle's and Imam Asy-Syatibi's concepts of justice lies in the philosophical approach, justice criteria and final goals.
The Relationship Between Civil Society Movements and Political Parties In The Legal Politics Of Legislation In Indonesia Mahendra, Sandya
Jurnal Hukum Replik Vol 13, No 2 (2025): Jurnal Hukum Replik
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v13i2.14665

Abstract

Public participation in the formulation of laws and regulations constitutes a crucial element in realizing the principles of a democratic rule of law in Indonesia. Although regulatory frameworks such as Law No. 12 of 2011 guarantee the principle of openness and the right of citizens to engage in the legislative process, practical implementation often reveals that public participation remains largely procedural and fails to meaningfully influence substantive decision-making. This study aims to elaborate on the concept of meaningful participation within the legislative framework and to analyze the relational model between civil society movements and political parties in Indonesia’s legislative process. The research employs an empirical legal methodology, utilizing statutory, conceptual, and sociological approaches. The findings indicate that the relationship between civil society movements and political parties in Indonesia’s legislative process is complex and heterogeneous, depending on political context, advocacy issues, and the power as well as strategies of the actors involved. On one hand, collaborative relations may emerge when shared visions and interests exist—such as in the enactment of the Law on the Crime of Sexual Violence (UU TPKS) and the Law on Personal Data Protection (UU PDP)—where public participation has positively influenced policy substance. On the other hand, confrontational relations often arise when political parties disregard civil society aspirations, as observed in the legislative processes of the Omnibus Law on Job Creation and the revision of the Military Law, both of which were marked by limited transparency and minimal public dialogue.
The Position of the Indonesian Council of Ulama in The Indonesian State Governmental Legal System: The Perspective of Abū Ḥasan al-Māwardī Mahendra, Sandya; Junaidi, Muhammad
Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum Vol. 8 No. 1 (2023): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/alahkam.v8i1.6428

Abstract

This study aims to describe the position of the Indonesian Council of Ulama (MUI) in the Indonesian constitutional law system and to describe the MUI’s position in Abū  Ḥasan al-Māwardī’s  thought. The method in this study uses normative legal research or doctrinal law with a philosophical, historical and conceptual approach. If viewed from a state institutional perspective, the MUI is in the realm of the political infrastructure area. Political Infrastructure itself is a group of institutions that exist in society. The MUI fatwa is not a type of statutory regulation that has binding legal force Based on Article 1 point 2, Article 7 paragraph (1) and Article 8 paragraph (1) of Law 12/2011, the MUI fatwa is not statutory regulation, because it is not made by an authorized body or institution and does not have general binding power. However, the MUI fatwas are a source of material law. To become a positive law, the MUI fatwa must be positivized by the state through statutory regulations. The theory of state objectives developed by Al-Mawardi has two basic concepts, namely (1) formalization of Shariah activities, (2) regulation of social, economic, political, legal and military activities.
Co-Authors Muhammad Junaidi Nur Milla Parid