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All Journal Al-Iqtishadiyah: Ekonomi Syariah dan Hukum Ekonomi Syariah Journal of Law, Poliitic and Humanities
Anang Shophan Tornado
Faculty of Law, Lambung Mangkurat University
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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A Representative National Police Commission in Realizing the Professionalism of the Indonesian National Police Sri Widayatai; Diana Haiti; Rahmida Erliyani; Anang Shophan Tornado
Journal of Law, Politic and Humanities Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i3.3186

Abstract

The National Police of the Republic of Indonesia (Polri) has a vital constitutional mandate, but the integration of large authorities without strong external oversight creates a risk of abuse of authority and a decline in public trust. This study aims to analyze the nature of the position and juridical limitations of the National Police Commission (Kompolnas) and formulate the urgency of reconstructing the institution so that it becomes representative in realizing the professionalism of the National Police. Using normative legal research methods with a qualitative approach, this study dissects the position of the National Police Commission as a state auxiliary organ through the theory of representative bureaucracy. The findings of the study show that the National Police Commission experiences normative ambiguity and an "authority gap" because its legal basis is only based on Presidential Regulations, so it does not have investigative and executive authority. In addition, the dominance of government elements ex-officio injures independence and creates a conflict of political interests. As a solution, this study concludes the need to transform the legal basis of the National Police Commission into an independent law that provides immunity rights, investigative authority, and integrates the values of local wisdom such as Siri' Na Pacce and Piil Pesenggiri as moral instruments. This reconstruction is crucial to ensure that the National Police is transformed into a humane, accountable, and trusted institution in the democratic era.
Reconstructing The Regulation of Default in Sharia Contracts Based on The Principles of Islamic Justice Anang Shophan Tornado
AL-IQTISHADIYAH : EKONOMI SYARIAH DAN HUKUM EKONOMI SYARIAH Vol 12 No 1 (2026): Jurnal al-Iqtishadiyah
Publisher : Fakultas Studi Islam Universitas Islam Kalimantan Muhammad Arsyad Al Banjary

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/iqt.v12i1.23184

Abstract

The development of the sharia economic sector in Indonesia has shown significant growth, yet it is accompanied by the increasing occurrence of defaults (wanprestasi) in the implementation of sharia contracts. The regulation of default in Indonesia generally refers to the Kitab Undang-Undang Hukum Perdata, which adopts a formalistic and contractual approach, thus not fully reflecting the principles of Islamic justice. Meanwhile, the Kompilasi Hukum Ekonomi Syariah incorporates sharia values; however, its regulation remains partial and lacks comprehensive legal certainty. This study aims to analyze the regulation of default in sharia contracts based on Islamic justice principles and to formulate the ius constituendum as a legal reconstruction for the future. This research employs a normative legal method with a literature study approach, analyzing statutory regulations, fatwas, and relevant legal doctrines. The findings indicate that the concept of default in Islamic law encompasses not only contractual breaches but also moral and ethical dimensions, including al-ta’addi (misconduct), al-taqshir (negligence), and mukhalafat al-syuruth (violation of agreed terms). Furthermore, compensation in sharia law (ta’widh) is limited to actual losses and excludes interest. Therefore, a legal reconstruction is necessary, focusing on the classification of default based on its causes, the standardization of compensation, and the strengthening of dispute resolution mechanisms through restorative justice approaches. This is expected to create a more just, proportional, and sharia-compliant legal framework for Islamic economic practices in Indonesia.
Co-Authors Diana Haiti Rahmida Erliyani Sri Widayatai