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All Journal Afkaruna: Indonesian Interdisciplinary Journal of Islamic Studies Jurnal Hukum dan Pembangunan
Elnizar, Normand Edwin
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Education Law, Crime, Criminology & Criminal Justice

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PEMBARUAN PEMAHAMAN BAHASA HUKUM INDONESIA DALAM PENAFSIRAN KONSTITUSI UNTUK JAMINAN KEPASTIAN HUKUM Elnizar, Normand Edwin
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

This article attempts to explain legal language aspects need to be improved in implementing laws that uphold justice while at the same time provide legal certainty. The study is limited to the constitution as the highest law in the national legal system. The explanation of the linguistic aspect including foreign legal terminology in the constitutional interpretation and the constitutional interpretation as a discourse analysis. It was conducted by literature research to compare the paradigm of constitutional interpretation theory with linguistic aspects in linguistic theory. Decision Number 84/PUU-XVI/2018 used as example for this research. This qualitative research describes some linguistic aspects are useful for legal certainty in implementing laws. The main goal is upholding justice while at the same time ensuring better legal certainty. Constitutional interpretation theory and theories in linguistics are described to capture problems that occur regarding legal certainty. The linguistic theory described are register from sociolinguistic, semantic, and discourse theory. The results of this study indicate that the interpretation of the constitution in Decision Number 84/PUU-XVI/2018 has made good use of the understanding in semantic studies for the use of foreign legal terminology. The results of this study also assess that the use of discourse theory can combine the results of the interpretation of originalism and non-originalism as a unitary meaning of the constitution. This method can be useful in increasing legal certainty by combining results from the interpretation of originalism and non-originalism.
The Dynamics of Islamic Legislation in Indonesia’s Legal Politics: A Case Study of PKS’s Rejection of The Sexual Violence Law Elnizar, Normand Edwin; Fata, Ahmad Khoirul
Afkaruna: Indonesian Interdisciplinary Journal of Islamic Studies Vol. 21 No. 2: December 2025
Publisher : Fakultas Studi Islam dan Peradaban, Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/afkaruna.v21i2.26379

Abstract

This article analyzes the Prosperous Justice Party’s (PKS) rejection of Indonesia’s Law Number 12 of 2022 on Sexual Violence Crimes (TPKS) by examining the Islamic legal reasoning embedded in the legislative process. Using a qualitative legal research design, the study draws on parliamentary records, official party documents, and interviews with key political and religious figures to identify the normative foundations of PKS’s stance. The findings reveal that PKS frames its opposition through the preventive logic of sadd al-dzarī‘ah and selective applications of maqāṣid al-sharī‘ah, particularly hifz al-nasl and hifz al-‘ird, while giving less emphasis to victim-oriented protection associated with hifz al-nafs. The study argues that PKS’s position constitutes a form of ijtihād siyāsah dustūriyyah, in which Islamic legal principles are negotiated within constitutional legislative structures rather than articulated through traditional juristic authority. This article contributes to Islamic legal scholarship by demonstrating how partisan actors exercise Islamic legal agency within democratic institutions. It also highlights the challenges of balancing moral preservation and rights-based legal reform in a pluralistic legal system.
Co-Authors Ahmad Khoirul Fata