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All Journal TSAQAFAH BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
Zaman, Jamrud
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Religion Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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The Legal Politics of Formality and Substance of the Medina Constitution Zaman, Jamrud
TSAQAFAH Vol. 20 No. 2 (2024): Tsaqafah Jurnal Peradaban Islam
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v20i2.11319

Abstract

The Medina Charter is considered the first constitution in the world because it has almost the same content as the modern constitution. So the study of the discussion of the history of the establishment of the Medina Charter, the politics of law, and the content of the material content is very necessary to be examined to be a material renewal of the modern constitution today. This research aims to be a comparative material with modern constitutions and as a material for constitutional reform in any country. This research is normative research with historical and comparative approaches. The data source of this research uses a literature study by tracing books and journals. While the data analysis method uses content analysis. The Medina Charter was formed by the Prophet Muhammad SAW. when he came to Medina to create peace and form a force to protect the city of Medina from outside attacks. The Medina Charter in the concept of Philippe Nonet and Philip Selznick's legal criteria includes responsive law because it contains characteristics, namely democratic making, equality in law, no partiality, made for public needs, and shared morality realized for the common good. The Medina Charter is said to be the first modern constitution in the world because its content is in line with modern constitutions, namely the protection of human rights, duties and obligations of citizens, politics of peace and unity, material provisions of the law, and state institutions.
Problematika Sistem Presidential Threshold Ditinjau dari Maqāṣid al-Syarī’ah: Problematic Presidential Threshold System in Terms of Maqāṣid al-Syarī’ah Zaman, Jamrud; Kasuwi Saiban
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol. 5 No. 1 (2024): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/bustanul.v5i1.1248

Abstract

The presidential threshold is a threshold requirement for a political party or a coalition of political parties supporting a presidential and vice-presidential candidate pair using the percentage of the DPR seat acquisition or the national valid vote acquisition in the DPR general election. The presence of this presidential threshold is a barrier to the right to equal opportunity in government. This research aims to evaluate the various rights that have been violated by the presidential threshold policy from the perspective of human rights and maqashid sharia as a new view of the efforts to reform a just law. This research includes normative research with statutory and legal policy approaches. The results and discussion of this research are that the general election law related to the presidential threshold has been tested by the Constitutional Court. However, the Court always rejects the application because it is of the opinion that the presidential threshold is an open authority of the legislator based on the delegation of Article 6A Paragraph (5) of the 1945 Constitution. The rejection resulted in disappointment for the Indonesian people because it was considered to limit the right to become a leader. In the perspective of Maqāṣid syarī'ah, the presidential threshold policy has also violated hifdzu 'aql. Therefore, in the future, fair legal reform efforts must be realized, namely by amending Article 6A Paragraph (2) related to presidential requirements to clearly regulate and close the loopholes of interpretation by the legislators and moral development of constitutional judges so that they really fight for the rights of citizens with a further view of the constitution.
Co-Authors Kasuwi Saiban