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Pancasila sebagai Dasar Negara dan Hukum Internasional Implementasi Nilai-nilai Kemanusiaan dalam Kebijakan Luar Negeri Indonesia Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Aurellia Zahra Putri Areje; Lailatul Allifah; Siti Norhalisa
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 1 (2025): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v3i1.1107

Abstract

Pancasila, as the foundational philosophy of Indonesia, plays a central role in shaping national policies, including foreign policy. This paper aims to explore the implementation of Pancasila values in Indonesia's foreign policy, focusing on how humanitarian principles are integrated into diplomatic practices and international law. The study employs a qualitative approach by analyzing recent literature, policy reports, and interviews with relevant experts. The findings reveal that Pancasila, particularly the principle of Just and Civilized Humanity, serves as a moral guide in foreign policy decision-making. However, the application of these values often faces challenges due to global political dynamics and competing national interests. The evaluation shows that while there are efforts to align foreign policy with Pancasila’s humanitarian principles, there remains a need to enhance consistency and effectiveness in their implementation. This research aims to provide insights into how Indonesia can improve the integration of Pancasila values in its foreign policy and contribute to a more just and humane international legal framework.
Pancasila dan Hukum Internasional : Kajian tentang Prinsip Kedaulatan dan Hak Asasi Manusia dalam Perspektif Indonesia Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Aliffah Putri Faradina; Amelia Septiana Putri; Rahma Widianingrum
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 1 (2025): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v3i1.1109

Abstract

Pancasila, as the foundation of the Republic of Indonesia, is an ideology that influences various aspects of the life of the nation and state, including in the context of international law. This study aims to explore the interaction between the principles of Pancasila and the norms of international law, particularly in relation to state sovereignty and human rights. The main focus of this study is how the principles of sovereignty and human rights, which are pillars in international law, are integrated and translated in the context of Pancasila, and how this affects Indonesia's position in the global arena. This research uses a qualitative approach with a documentary study method, collecting data from books, scientific journal articles, and recent legal documents. It analyzes the application of Pancasila principles in Indonesian national law and its impact on international obligations, particularly in terms of human rights protection. The study also examines the challenges faced by Indonesia in harmonizing the principles of national sovereignty with its commitment to international human rights standards. The results show that the principles of Pancasila, such as Social Justice and Indonesian Unity, provide a strong foundation for safeguarding state sovereignty. However, there are significant challenges in integrating international human rights principles, particularly in the context of protecting minority rights and upholding global human rights standards. The research also identifies Indonesia's efforts in balancing national interests with international obligations through foreign policy and diplomacy. The implications of this research suggest the need for a more holistic and strategic approach to address the tension between state sovereignty and human rights in the global context.
From Textualism to Contextual Justice: Applying Aswaja Nahdlatul Ulama Values to Maqāṣid-Based Legal Moderation in Indonesian Islamic Courts Ahmad Muhamad Mustain Nasoha; Ari Hikmawati; Ashfiya Nur Atqiya; Zamzam and Ar Rahbin; Muhammad Nur Ukasyah; Viror Ghufron Assaifi; Imam Abdullah
Journal of Nahdlatul Ulama Studies Vol. 7 No. 1 (2026): Journal of Nahdlatul Ulama Studies
Publisher : Lakpesdam PCNU Kota Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35672/jnus.v7i1.1-14

Abstract

This article offers a novel reconstruction of legal reasoning in Indonesian Islamic courts by proposing a Constitutional Maqāṣid framework that bridges the long-standing tension between textualism and contextual justice. While existing adjudicative practices often oscillate between rigid adherence to statutory texts and fragmented contextual considerations, this study argues that both approaches remain insufficient to address the complexity of contemporary socio-legal realities. The novelty of this research lies in the integration of maqāṣid al-sharīʿah with constitutional values particularly justice, human dignity, and legal certainty into a unified interpretive model termed Constitutional Maqāṣid Justice (CMJ). Employing a normative juridical method combined with conceptual and statutory approaches, this study critically examines judicial reasoning patterns within Indonesian Islamic courts and identifies a persistent gap between formal legality and substantive justice. The proposed CMJ framework repositions judges not merely as appliers of legal texts, but as ethical interpreters who harmonize Qur’anic objectives, statutory provisions, and constitutional mandates. Through this synthesis, maqāṣid principles such as the protection of religion, life, intellect, lineage, and property are elevated from moral guidance to operative constitutional reasoning tools. The findings demonstrate that the Constitutional Maqāṣid approach enables a more adaptive, proportional, and humanistic form of legal moderation. It ensures that judicial decisions remain legally grounded while being socially responsive and normatively transformative. Furthermore, this model contributes a new theoretical paradigm within Islamic legal studies by embedding maqāṣid within a constitutional framework, thus advancing a form of Islamic sociological jurisprudence that is both context-sensitive and institutionally legitimate. Ultimately, this research not only enriches the discourse on legal moderation in Muslim societies but also offers a practical blueprint for reforming judicial reasoning in pluralistic constitutional systems like Indonesia.