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All Journal Hayula: Indonesian Journal of Multidisciplinary Islamic Studies Jurnal Darussalam : Pemikiran Hukum Tata Negara dan Perbandingan Mazhab
Ahmad Lutfi Rijalul Fikri
STIS Darul Falah Pagutan Mataram NTB
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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INTEGRATION OF SHARIA NORMS IN THE FORMATION OF REGIONAL REGULATIONS IN INDONESIA: JURIDICAL ANALYSIS OF THE FORMATION OF SHARIA REGIONAL REGULATIONS Ahmad Lutfi Rijalul Fikri; Hermawati Hermawati
JURNAL DARUSSALAM: Pemikiran Hukum Tata Negara dan Perbandingan Mazhab Vol. 4 No. 2 (2024): Jurnal Darussalam: Pemikiran Hukum Ketatanegaraan dan Perbandingan Mazhab
Publisher : STIS Darussalam Bermi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59259/jd.v4i1.147

Abstract

This study examines the latest practices of integrating Sharia norms in the formation of Regional Regulations (Perda) in Indonesia and performs a jurisprudential analysis of such practices. The study found that there are at least 442 Sharia-nuanced Perdas that have been established in various parts of Indonesia, such as the provinces of Aceh, Western Sumatra, Banten, and South Sulawesi. The Perda regulates various aspects, such as the implementation of Islamic Shariah, the prohibition of prostitution, the application of compulsory reading of the Qur'an, and the arrangement for Islamic clothing. Juridical-normative analysis suggests that the practice of integrating Sharia norms into the establishment of the Perda must be in accordance with the principles contained in the 1945 Basic Law, in particular concerning guarantees of religious freedom and prohibition of discrimination. Such regulations must also be in line with the hierarchy of laws in force in Indonesia, not in conflict with higher regulations. The Charter of Sharia must guarantee the protection of human rights, such as religious freedom, freedom of opinion, and other constitutional rights. The process of forming the Shariah Perda needs to involve widespread public participation in order to acquire strong legitimacy. Furthermore, a comprehensive evaluation of the charges, purposes and processes of the establishment of the Sharia law is required to ensure its compatibility with the principles of a democratic rule of law.
Maqashid Sharia Study on Minerals and Coal Law in Indonesia Ahmad Lutfi Rijalul Fikri
Hayula: Jurnal Indonesia Studi Islam Multi-disiplin Vol 8 No 1 (2024): Hayula: Indonesian Journal of Multidisciplinary Islamic Studies
Publisher : Universitas Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21009/hayula.008.01.03

Abstract

Maqashid Sharia is a law-making principle that aims to bring Islamic teachings in line with various contexts encountered, including in today's modern context. This includes the application of Law Number 3 of 2020 concerning Minerals and Coal which has recently become a polemic among the people. Maqashid Sharia analysis is deemed necessary because it is in direct contact with the benefits and harms that will arise from the implementation of this legislation. This research is a normative legal research using a conceptual approach (Maqashid Syariah) and statutory approach (statute approach) with qualitative descriptive and interpretation techniques to find compatibility between the applicable laws and regulations and Maqashid Syaria. The result of this research is that the principles of Maqashid Syaria are accommodated in the Mineral and Coal Law that applies in Indonesia. Where the goal of community welfare or in the language of Islamic law is called Mashlahah 'Ammah contained in this Minerba Law indicates that this law is in accordance with the Shari'a goals in the formation and determination of a law. However, this Minerba Law cannot be separated from criticism regarding the potential for harm arising from the stipulation of several articles which are considered controversial by several legal experts. Therefore, the principle of producing good and avoiding or minimizing bad is a basic principle in Maqshid Syariah that legislators should pay attention to in making a law so that the resulting statutory decisions are in line with shari’a goals.
Co-Authors Hermawati Hermawati