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PERAN HUKUM ADAT DALAM PENEGAKAN KETERTIBAN MASYARAKAT PERSPEKTIF HUKUM ISLAM Endah, Ranti Suminar; Shaleh, Muhammad Noor
Mitsaqan Ghalizan Vol. 4 No. 2 (2024): Mitsaqan Ghalizan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/mg.v4i2.8888

Abstract

In many indigenous communities, disputes are usually resolved through deliberation or a family approach involving traditional leaders, religious leaders or respected third parties. In this process, efforts are made to reach a solution that is favorable to all parties, without considering who is right or wrong, but rather the goal of restoring peace and harmony in the community. On the other hand, in the perspective of Islamic law, dispute resolution is seen from the point of view of justice based on the principles of sharia. The plurality of laws is interesting to review how they harmonize in their role in regulating community order. This research uses qualitative research methods classified as normative legal research with a conceptual approach. The results of this study indicate that customary law is one of the bases for judges to decide a case based on the law if the judge does not find a basis for deciding on written law. Enforcement of public order is also seen as a very important obligation from the perspective of Islamic law. Islamic law provides a clear outline of how to build a just, safe and peaceful society.
Legal Products and Political Configuration in Post-Amendment Indonesia: Narratives, Actors, and the Influence of the Digital Society Wahdini, Muhammad; Habibi, Ahmad; Shaleh, Muhammad Noor
Contemporary Society and Politics Journal Vol. 4 No. 1 (2025): Contemporary Society and Politics Journal (CSPJ)
Publisher : Institut Agama Islam Negeri Kerinci

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32939/cspj.v4i1.5678

Abstract

This research discusses the dynamic relationship between political configuration, the character of legal products, and the role of the digital society in Indonesian legal politics post the Fourth Amendment of the 1945 Constitution of the Republic of Indonesia. Two classical views on the relationship between law and politics, between law as a social controller and law as a product of societal dynamics, serve as a foundation for understanding contemporary realities. Mahfud MD's findings on the relationship between political configuration and the character of legal products indicate that political changes have direct consequences on the orientation of the regulations that emerge. However, this study highlights that the current political configuration is no longer solely determined by elites and formal structures, but also by a new force: the digital society. The emergence of actors such as influencers, online activists, and political buzzers marks a shift in the way the public participates and influences the course of legislation. On the other hand, the open digital space also presents threats in the form of polarization, disinformation, and digital oligarchy. Through a qualitative approach and literature study, this research finds that Indonesia's legal politics today are becoming increasingly complex, full of challenges, but also hold new hope for broader and more meaningful public participation. The implications of this study emphasize the importance of adaptive legal reforms, paying attention to digital dynamics, and strengthening media ethics as part of the Indonesian legal political ecosystem that upholds decency.