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All Journal DE JURE JURNAL ILMIAH MANAJEMEN & BISNIS Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo Madura Journal of Indonesian Legal Studies Jurnal Konstitusi Jurnal Ilmiah Hukum LEGALITY Tribakti: jurnal pemikiran keIslaman Patria Artha Journal of Nursing Science Neraca Keuangan : Jurnal Ilmiah Akuntansi dan Keuangan Al-Bayyinah Tribakti: Jurnal Pemikiran Keislaman JILS (Journal of Indonesian Legal Studies)
Mustafa Lutfi
Universitas Muhammadiyah Sumatera Utara
Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Health Professions Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences Other

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Decolonizing Constitutional Democracy: Reconfiguring Indonesia's Presidential Election System from the Perspective of Siyasah Syar'iyyah Any Ihsany Nasution; Lutfi, Mustafa
Tribakti: Jurnal Pemikiran Keislaman Vol. 36 No. 2 (2025): Tribakti: Jurnal Pemikiran Keislaman
Publisher : Universitas Islam Tribakti (UIT) Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/9jf0ph27

Abstract

This study aims to reassess the Indonesian presidential electoral system within the context of postcolonial liberal democracy and to propose an alternative democratic framework rooted in the values of siyasah syar'iyyah (Islamic political governance) as part of the decolonization of Islamic politics. The main issues addressed include presidential conflicts of interest during election campaigns, weak electoral oversight institutions, and regulatory ambiguities that allow ethical distortions in democratic practices. The research adopts a normative-juridical approach combined with a conceptual analysis of siyasah shar'iyyah. Data were collected through the examination of electoral laws, academic literature, and classical Islamic political thought such as Al-Ahkam al-Sultaniyyah, Siyasah Syar'iyyah, and Al-Muwafaqat. A qualitative juridical analysis was employed to evaluate the alignment between positive legal norms and the principles of Islamic governance. The findings reveal a fundamental misalignment between Indonesia's electoral practices and the core Islamic political values of justice ('adl), integrity (amanah), and public welfare (maslahah). The phenomenon of presidential intervention in campaigns (cawe-cawe) signifies an ethical leadership crisis, legitimized by vague regulations and weak institutional checks. The study recommends the reconfiguration of Articles 281, 282, and 299 of Law No. 7/2017 as a normative measure to enforce political neutrality and prevent abuse of power. Theoretically, this research contributes to the discourse on decolonization in Islamic political studies and constitutional law. The siyasah syar'iyyah framework provides a more substantive and contextually grounded ethical paradigm than liberal democratic proceduralism and offers a pathway for integrating Islamic values into modern Indonesian political systems.
Legal Policy of Green Investment: A Study of the Green Constitution and Fiqh Bi’ah towards Net Zero Emissions in Indonesia Lutfi, Mustafa; Supriyadi, Aditya Prastian; Nur, Asrul Ibrahim; Bahagiati, Kurniasih; Ramadhita, Ramadhita
Journal of Indonesian Legal Studies Vol. 10 No. 1 (2025): Legal Transformation and Policy Challenges in Indonesia: Navigating Technology
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i1.3114

Abstract

There is an urgent need for a legal policy of green investment law to reduce gas emissions in Indonesia based on the perspective of the green constitution and Fiqh Bi'ah in the contemporary era. This urgency is parallel to the development of the global response to sustainable economic transformation to achieve net zero emissions by 2060. However, the green investment policy design has to hold a strategic position in Indonesia's positive law because it always remains partial. In other words, such a policy requires comprehensive examination based on the Green Constitution and Fiqh Bi'ah in constructing future national, legal, and political designs relevant to the net zero emission paradigm. This study employs a normative legal research method with philosophical, conceptual, historical, comparative, and statutory approaches. Primary, secondary, and tertiary legal sources were analysed using a qualitative juridical method. The findings indicate that the 1945 Constitution has constitutionally accommodated the principles of the Green Constitution, which align with Fiqh Bi’ah regarding sustainable environmental management as mandated by the Quran. This legal construction can be a strategic foundation for green investment policies based on net zero emissions to address climate change. The alignment between the Green Constitution and Fiqh Bi’ah strengthens green investment policies as a concrete step toward preserving the earth for the sustainability of future generations. Thus, integrating these two perspectives becomes a primary element in building a sustainable civilisation oriented towards environmental preservation.
Local Government Response to Domestic Violence from Online Gambling: A Legal-Mashlahah Perspective Anugerah, Ghifari Fajar; Hidayah, Khoirul; Lutfi, Mustafa
Al-Bayyinah Vol. 9 No. 1 (2025): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v9i1.9999

Abstract

This study aims to analyze the efforts of the Surabaya City Government in addressing domestic violence resulting from online gambling, using the perspectives of legal system theory and mashlahah. The focus of the research is on the role of the Surabaya City Office of Women’s Empowerment, Child Protection, Population Control, and Family Planning (DP3AP2KB) as the implementing agency for women and child protection policies. This study employs a qualitative approach, utilizing field studies and in-depth interviews with key informants from the agency, victims of domestic violence, and community leaders. The findings indicate that structurally, DP3AP2KB has undertaken several initiatives through socialization, education, and the provision of legal and psychological assistance for victims. However, the effectiveness of these policies is hindered by the community’s weak legal culture and limited public participation in prevention efforts. From the perspective of Lawrence M. Friedman’s legal system theory, the imbalance between structure, substance, and legal culture remains a major obstacle. Meanwhile, from a mashlahah perspective, the protection of victims and the prevention of domestic violence caused by online gambling are considered essential to preserving the well-being of families and society. Therefore, institutional synergy and the strengthening of legal literacy grounded in religious and social values are necessary to build an effective and sustainable protection system.
Co-Authors Anggoro, Syahriza Alkhoir Anugerah, Ghifari Fajar Any Ihsany Nasution Dhiana Puspitawati Edi Susilo ENDRI ENDRI FADLI, MOH Fadli, Moh. Hamzah, Hadzmawaty Ibrahim Nur, Asrul Jazim Hamidi Khoirul Hidayah Kurniasih Bahagiati Liliskarlina, Liliskarlina Mahfudah, Ulfa Muhammad Elfi Azhar Mukhlish Mukhlish, Mukhlish Ngesti Dwi Prasetyo Nur, Asrul Ibrahim Ramadhita Ramadhita, Ramadhita Rusli, Mohd Hazmi Mohd Supriyadi, Aditya Prastian Syamsiar, Syamsiar