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Journal : AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW

Agama dan Moral dalam Pembentukan Substansi dan Struktur Hukum Rahmaningsih, Aziza Aziz; Rizqi, Retanisa
As-Siyasi: Journal of Constitutional Law Vol. 2 No. 2 (2022): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v2i2.13884

Abstract

Religious and moral relations are interrelated in the formation of a country's legal system. Religion is the initial foundation for building a moral society. In this way, religion, morals, and the state cannot be separated. A law becomes empty if it is not imbued with morality. Likewise with religion which gives color to the law to base substantive values on the public good and the upholding of justice, so that religion and morals can become elements in the development of the aspired law. This study aims to determine whether religion and morals have a role in the formation of legal substance and structure. This research is normative, studying the legal system with library research. The approach used is a historical approach, examining and studying developments regarding religion, morals, and the legal system. The study's findings indicate that the presence of religion and morality in human life has a nature, has an ontological function to regulate social life, and religion can substantively influence behavior in the formation of legal substance and structure. Morality and religion have a significant impact on the substantive formation of law. Law is formed on the basis of morality, so the effectiveness of legal products will be good, so that religion and morality create humanist and liberated laws that will help solve problems that exist in society. This study concludes that religion and morals influence the formation of substantive legal thinking and legal structure. The existence of religious and moral influences provides inspiration for the development of legal science and plays a role in creating a humanist and liberating law.
Three-Term Presidency: The Perspectives from Democracy and Maslahah Mursalah Rizqi, Retanisa
As-Siyasi: Journal of Constitutional Law Vol. 4 No. 1 (2024): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v4i1.21169

Abstract

The presidential and vice-presidential elections on February 14, 2024, raised a significant issue: the debate over the three-term presidency, which sparked considerable controversy among the public. This study examines the concept of the three-term presidency from the perspectives of democracy and Maslahah Mursalah. This research employs normative legal research with a descriptive approach, utilizing qualitative methods. The study focuses on Article 7 of the 1945 Constitution, analyzing it from the viewpoint of democracy. Furthermore, the Islamic legal analysis is analyzed with Maslahah Mursalah. The findings of this study indicate that the limitation of the presidential term to two periods, as stipulated in Article 7 of the 1945 Constitution, is beneficial and does not threaten democracy. Furthermore, from the perspective of Maslahah Mursalah, the analysis of benefits (maslahah) and harms (mafsadah) suggests that extending the presidential term to three periods would result in greater harm than benefit. Thereby, rendering it inadvisable and potentially threatening to public welfare.