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All Journal Jurnal Diskursus Islam FITRAH:Jurnal Kajian Ilmu-ilmu Keislaman
Abd. Qadir Gassing
Universitas Islam Negeri Alauddin Makassar
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Maqashid Shariah: Implementation of the Salus Populi Suprema Lex Esto Principle in the Litigation Process During the Covid-19 Pandemic A. Ummu Fauziyyah; Abd. Qadir Gassing; Marilang Marilang
FITRAH: Jurnal Kajian Ilmu-ilmu Keislaman Vol 7, No 2 (2021): 11 Articles, Pages 181-378
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/fitrah.v7i2.4527

Abstract

The Covid-19 pandemic which has been afflicting Indonesians since the beginning of 2020 has a tremendous influence on their lives in variety of ways. The Indonesian government has taken steps to ensure that citizens are protected and that the number of positives is reduced. Keeping the rights of people seeking justice to continue litigating during the Covid-19 pandemic while simultaneously guaranteeing the safety of those infected with the virus is problematic in the field of law enforcement and justice during the Covid-19 epidemic. As a result, the government through the Supreme Court of Indonesia used the Salus Populi Suprema Lex Esto principle which means that people's safety is the highest law by passively using technology in litigation and increasing the supporting facilities for strict health protocols throughout the judiciary, including the Sungguminasa Religious Court. In the context of Maqashid Syariah, the goal of this study was to show and explain the harmony of the use of the Salus Populu Suprema Lex Esto Principle during the Covid-19 Pandemic. This study took a qualitative and empirical approach. The study of primary data source was interviews conducted by judges and court personnel. Collecting, decreasing, presenting, and describing results were all part of the data analysis process. The findings of the investigation revealed that during the Covid-19 epidemic, the government's efforts to uphold justice while preserving the safety of the human soul, such as Maqashid Syariah's of the hifz an-nafs, which is at the primary level was dharuriyyah
THE IMPLEMENTATION OF INDONESIAN EMPLOYMENT LAW IN PROTECTING THE WELFARE RIGHTS OF INDONESIAN MIGRANT WORKERS ACCORDING TO ISLAMIC LAW Ali Imron; Abd. Qadir Gassing; Hasyim Aidid; Marilang
Jurnal Diskursus Islam Vol 10 No 2 (2022): August
Publisher : Program Pascasarjana, UIN Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jdi.v10i2.30451

Abstract

This paper elaborates on implementing Indonesian employment law in protecting the welfare rights of Indonesian Migrant Workers according to Islamic law. This type of research was field research of descriptive qualitative with a case study design. The primary data sources of this study were the Ministry of Employment and The National Agency of Placement and Protection of Indonesian Migrant Workers. The data collection techniques include observation, purposive interview, snowball sampling, documentation, and literature review. The approaches used were juridical, sociological, and normative theological approaches. The data obtained were then analyzed by data reduction techniques, presentation, concluding, and data verification. The study results indicate the implementation of Indonesia’s employment law through the instruments of Constitution Number 13 of 2003 about Employment and Constitution Number 39 of 2004 concerning the Placement and Protection of Indonesian Migrant Workers Abroad (PPIMWA). The revision of Constitution Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers (PIMW) has empowered and employed Indonesian migrant workers optimally and humanely. The theory of Maqasid al-Syar’i‘ah takes the employment into the category of the essential five human elements (al-Daruriyyat al-Khamsu). It refers to religion, soul, lineage, property, and mind at the primary level (al-D{aruriyyat), then the legal protection of Indonesian migrant worker who is komprador in maintaining and preserving human rights must also be embodied.
Co-Authors A. Ummu Fauziyyah Ali Imron Hasyim Aidid Marilang Marilang Marilang