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All Journal Jurnal Independent The Indonesian Journal of Islamic Law and Civil Law JURIS (Jurnal Ilmiah Syariah) Jurnal Integrasi Ilmu Syariah (Jisrah) Legal Protection for the Partnership Agreement Parties EKONOMIKA SYARIAH : Journal of Economic Studies Al Hurriyah : Jurnal Hukum Islam Al Ushuliy Jurnal Elsyakhshi Surau Journal of Islamic Studies
Rizal, Deri
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Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other

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Journal : Al Ushuliy

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An Islamic Political Jurisprudence Analysis of Reproductive Health Services under Article 103(4)(e) of Government Regulation No. 28/2024 Hidayat, Yoga Mai; Khairina, Khairina; Husni, Alfi; Yustiloviani, Yustiloviani; Rizal, Deri
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 4, No 1 (2025)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v4i1.15712

Abstract

This study examines the provision of reproductive health services as stipulated in Article 103 Paragraph (4) Letter e of Government Regulation (PP) No. 28 of 2024, focusing specifically on the distribution of contraceptives to school-aged children and adolescents. The research investigates the background and rationale behind the issuance of this regulation and analyzes it through the lens of fiqh siyasah (Islamic political jurisprudence). Employing a qualitative normative approach, this study is based on library research by systematically reviewing relevant literature, including books, scholarly articles, journals, and official publications. The researcher acts as the primary research instrument.The findings suggest that the emergence of this provision is influenced by several urgent social issues: the rise in teenage promiscuity, high rates of abortion among adolescents aged 15–19, an increasing number of marriage dispensations due to premarital sexual activity, and efforts to reduce the transmission of sexually transmitted diseases (STDs), including HIV/AIDS. From the perspective of fiqh siyasah, the legality of contraceptive distribution depends on the marital status of the recipients. For married adolescents, the use of contraceptives is considered permissible. However, for those who are unmarried, it is deemed impermissible (haram) as it potentially facilitates or legitimizes acts of zina (adultery), which are prohibited in Islamic law.
Revisiting the 2024 West Sumatra DPD Re-vote: An Analysis of Constitutional Court Decision No. 03-03/PHPU.DPD-XXII/2024 from the Perspective of Legal Ideals and Siyasah Dusturiyyah Seprina, Silvia; Caniago, Sulastri; Rizal, Deri
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 4, No 1 (2025)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v4i1.15624

Abstract

This research aims to examine the implications of the Constitutional Court’s decision regarding the exclusion of Irman Gusman from the Final Candidate List (DCT) for the West Sumatra Regional Representative Council (DPD) by the General Election Commission (KPU), which was deemed to have violated his constitutional rights. The study evaluates this ruling from the perspective of the legal ideals of certainty, justice, and utility, as well as from the standpoint of Siyasah Dusturiyyah (Islamic constitutional politics). Furthermore, it assesses the impact of the decision on the implementation of a re-vote (Pemungutan Suara Ulang, PSU) in West Sumatra. Using a normative legal method and a qualitative approach, the study offers a comprehensive analysis of Constitutional Court Decision No. 03-03/PHPU.DPD-XXII/2024 concerning the electoral dispute over the DPD seat in West Sumatra. The research relies on secondary data sources, including primary legal materials such as the Court's decision, the Qur’an and Hadith, the 1945 Constitution, and relevant electoral laws, along with secondary sources such as scholarly books, academic journals, and prior research. The findings reveal that the Constitutional Court’s decision upheld legal certainty by clarifying the legal process and safeguarding constitutional rights, particularly those of Irman Gusman. In terms of justice, the decision focused mainly on substantive justice by addressing his constitutional entitlements. However, the utility of the ruling remains limited. The decision prompted a re-vote in West Sumatra to rectify irregularities in the previous election process. Nevertheless, the re-vote faced various challenges, including logistical constraints and limited public acceptance. From the perspective of Siyasah Dusturiyyah, the decision reflects a perceived lack of leadership integrity, as it deemed Irman Gusman unqualified. According to the principles of Islamic jurisprudence, when confronted with two conflicting harms (mafsadat), the lesser harm should be chosen. In this context, holding a re-vote was considered a lesser harm than ignoring a binding court ruling.
Co-Authors Afrian Raus, Afrian alfi husni, alfi Arfa, Laila Azhari, Ari Daharis, Ade Dewi Putri Elimartati Elimartati Farida Arianti Firdaus Firdaus Hamdani Hamdani Hidayat, Yoga Mai Hizbi Islami, Muhammad Irman Irman Iskandar, M. Yakub Ismail, Dailani Kamaluddin Kamaluddin kasmidin, kasmidin Khairina Khairina, Khairina Miftahurrahmah Miftahurrahmah, Miftahurrahmah Nabilah, Wardatun Nofialdi, Nofialdi Renie, Elsy Seprina, Silvia Shodiq, Ja'far Sulastri Caniago Syukri Iska, Syukri Thoat Stiawan Warman, Arifki Budia YULIANA, FITRIA Yustiloviani, Yustiloviani