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Hak atas Akses yang Adil terhadap Pendidikan Tinggi: Analisis Berdasarkan Falsafah Pancasila Lubis, Rahmad; Purnama, Desi; Sulaiman, Heri
SIGn Jurnal Hukum Vol 6 No 2: Oktober 2024 - Maret 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v6i2.381

Abstract

This research aims to comprehensively analyze citizens’ right to equitable access to higher education in Indonesia based on Pancasila’s philosophy. Employing a normative legal research methodology, this study examines the issue through statute and conceptual approaches. Data were analyzed using qualitative content analysis techniques to describe and address the research problem in depth. The findings indicate that equitable access to higher education is a constitutional right of every Indonesian citizen guaranteed by Pancasila and the 1945 Constitution. As an embodiment of the welfare state principle, the state is obliged to create a just, equitable, quality, and affordable higher education system for all levels of society. It requires affirmative regulations, innovative and equitable financing schemes, and a reliable quality assurance system. Higher education must be seen as a strategic instrument to break the cycle of structural poverty, enhance social mobility, and realize distributive justice by prioritizing the principle of social solidarity. Therefore, the projection towards free higher education, especially in state universities, is a strategic step that needs to be realized gradually and sustainably, supported by progressive tax system reform, increased allocation of education budgets, and optimization of alternative funding sources, as a form of progressive interpretation of Article 31 section (1) of the 1945 Constitution.
An Examination of Shura Principles in the National Legislation System Lubis, Rahmad; Nugraha, Iqbal Subhan; Mutakin, Ali; Nuranisah, Nuranisah; Sulaiman, Heri
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 7 No. 1 (2025)
Publisher : Fakultas Syariah INSURI Ponorogo

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Abstract

This study examines the application of the shura principle, a concept of deliberation, as one of the key foundations in Islamic governance, within the context of Indonesia's national legislative system. Using a qualitative-descriptive approach, this study aims to analyze the extent to which shura values can be integrated into the process of forming democratic and just laws and regulations. Data were collected through literature studies of Islamic legal sources, legislative documents, and relevant previous research results. The study's results demonstrate that the principle of shura aligns significantly with the principles underlying the formation of national laws and regulations, including those of openness, public participation, and social justice. In addition, the integration of shura principles can strengthen moral and ethical legitimacy in the legislation process, so that it is expected to produce legal products that are more aspirational and in accordance with plural Indonesian values. These findings suggest the need to strengthen the deliberative mechanism at various stages of legislation, including formulation, discussion, and evaluation of laws and regulations, to achieve a more inclusive and interest-oriented legislative system.