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Politik Hukum Islam dalam Regulasi Wakaf Dedi Anton Ritonga; Putra Halomoan Hasibuan
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 2 No. 3 (2025): Juli : Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v2i3.1859

Abstract

Human Rights This paper discusses the study of Islamic legal politics and the substance of changes in waqf regulation in Indonesia, particularly in Government Regulation (PP) Number 25 of 2018, which amends Government Regulation Number 42 of 2006. This study seeks to analyze how the approach of Islamic legal politics is applied in responding to the evolving needs of waqf management, in line with the times and the demands of national development, while still aligning with the fundamental principles of Islamic law (sharia). The amendment in Government Regulation No. 25 of 2018 specifically clarifies the mechanism of waqf asset exchange (ruislag) by prioritizing the principles of public benefit (maslahah), accountability, and protection of the waqif’s intent. A normative-juridical approach is employed to analyze this regulation within the framework of maqashid al-sharia and the context of national legal policy. The results of this study indicate that the changes in Government Regulation No. 25 of 2018 have a significant impact on the governance of waqf, making it more transparent and accountable. This impact is the result of the presence of Islamic legal politics in integrating sharia principles with the practical needs of waqf governance. It also encourages waqf policymakers in Indonesia to optimize the potential of waqf in building a just society through sharia-based financial institutions that serve the broader Muslim community.
Hak Asasi Manusia (HAM) dalam Perspektif Islam dan Barat Dedi Anton Ritonga; Muhammad Ichsan
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 2 No. 2 (2025): Juni: Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v2i2.1771

Abstract

Human Rights (HAM) are a universal concept that guarantees the freedom and dignity of every individual. From a Western perspective, human rights emerged from a long historical experience marked by oppression, absolutism, and the struggle for individual freedom, thereby emphasizing secular, rational, and individualistic aspects. Meanwhile, in the Islamic perspective, human rights are not only rational and social in nature but also theological, as they originate from divine revelation and are part of human nature (fitrah). Islam views human rights as fundamental rights granted by Allah SWT to all of humanity, which must be respected and protected, with an emphasis on the balance between rights and obligations, as well as between individual freedom and the interests of society. One of the fundamental differences between the two is that human rights in Islam are theocentric, based on the revealed teachings of the Qur'an and Hadith. In contrast, Western-secular human rights are anthropocentric, founded upon philosophical thought as their main foundation.