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Firdaus Annas
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Tanfizi : Journal of Islamic Constitutional and Political Law
Published by Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi
ISSN : -     EISSN : 31105602     DOI : 10.30983/tanfizi
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Journal of Islamic Constitutional & Political Law focuses on field research and literature reviews in the areas of constitutional law and Islamic politics. The journal provides a platform for scholarly analysis of the dynamic interplay between Islamic principles and political-legal structures in Muslim-majority contexts, particularly in Indonesia. It seeks to enrich academic discussions through the publication of original research articles, conceptual papers, and critical reviews.
Arjuna Subject : Umum - Umum
Articles 23 Documents
 1   2   3 
Legal Protection of Land Rights for Situbondo Residents Affected by the National Toll Road Project Muhamad Irsyad Hanafi; Elva Imeldatur Rohmah; Harnee Sehwana binti Amdani
Tanfizi : Journal of Islamic Constitutional and Political Law Vol. 1 No. 2 (2025): December 2025
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/tanfizi.v1i2.10047

Abstract

This research aims to analyze the practice of the deduaan tradition in traditional Lampung Saibatin marriages in Bandar Lampung City and to analyze the Islamic legal review of the practice of the deduaan tradition in traditional Lampung Saibatin marriages in Bandar Lampung City. This study employs a qualitative method with a descriptive-analytical approach through field research, analyzing data directly from the research site. The results of the research show that the practice of deduaan before the marriage in Bandar Lampung City first requires an agreement/permission to be made by the family who has the intention and asks permission from the inner traditional leaders. Second, notification to the entire community, traditional leaders, religious and government leaders door to door. Kegita, the implementation of the deduaan is carried out in the afternoon in Batanghari accompanied by the ladies/bodyguards called the Mena Tribe, Dukhi Tribe, Kanan Tribe and Kikhi Tribe, after completion the bride and groom are made up again and wear traditional clothes, then on the way to the wedding house they are paraded. wine. The deduaian tradition in Islam is grouped into authentic customs or urf, namely customs that are repeatedly carried out and accepted by many people. This research contributes to providing the people of Lampung with information about the deduaian process through stories and traditional ceremonies, ensuring the preservation of their traditions. It also emphasizes the importance of safeguarding cultural heritage and promotes cross-cultural understanding at a global level.
Constitutional Protection of Indigenous Customary Rights in National Strategic Projects Kertajati Airport Zurotul Afifah; Amanta Tiara Farahita; Sapta Pratiwi
Tanfizi : Journal of Islamic Constitutional and Political Law Vol. 1 No. 2 (2025): December 2025
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/tanfizi.v1i2.10267

Abstract

This article examines the legal protection of customary land rights within the implementation of national strategic projects, using Kertajati Airport as a case study. The study interrogates the disjunction between Indonesia’s positive legal framework, particularly the 1960 Basic Agrarian Law and related sectoral regulations, and their practical application at the local level. Employing a normative juridical approach combined with systematic document analysis, this research evaluates statutory provisions, policy instruments, and administrative practices that shape the recognition and enforcement of indigenous tenure rights. The findings reveal that legislative ambivalence, overlapping institutional authorities, and fragmented sectoral regulations significantly weaken the protection of customary rights. Such conditions generate legal uncertainty and facilitate land acquisition practices that marginalize indigenous communities, thereby intensifying tensions between national development priorities and constitutional principles of social justice. The Kertajati Airport case further illustrates how formal compliance with development procedures may coexist with substantive deficiencies in rights protection, particularly concerning meaningful participation, prior consultation, and equitable compensation mechanisms. To address these challenges, the article proposes a more inclusive legal protection model by integrating participatory approaches into development planning and strengthening the role of local regulations in recognizing customary communities. Harmonizing national policies with responsive regional bylaws is essential to ensure cultural sustainability and legal certainty for indigenous peoples. This study contributes to contemporary scholarship on development law by offering a context-sensitive framework for balancing strategic infrastructure development with constitutional commitments to human rights, social justice, and equitable land governance, aligning with broader comparative discussions in global legal studies.
Campaigns in Regional Head Elections and the Support of Kyai and Santri Pesantren in Indonesia Aisyah Aisyah; Dewi Iriani; Martha Eri Safira; Nahrowi Nahrowi; Mohd Norhusairi bin Mat Hussin
Tanfizi : Journal of Islamic Constitutional and Political Law Vol. 1 No. 2 (2025): December 2025
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/tanfizi.v1i2.10379

Abstract

This research examines the significant role of clerics (kyai) and santri in mobilizing political support during regional head elections (pilkada) and general elections in Indonesia, as well as their broader influence on local political dynamics. Based on an extensive review of literature and previous empirical studies, this research identifies that the political engagement of kyai and pesantren is largely shaped by cultural patterns embedded in practical politics, such as charismatic leadership, patron–client relationships, and communal obedience to religious figures. In addition, this study analyzes the implications of revisions to campaign regulations in pesantren following the Constitutional Court Decision Number 65/PUU-XXI/2023. This ruling permits political campaigns to take place in educational institutions and places of worship under specific legal conditions, thereby altering the normative boundaries between religious spaces and political activities. While the decision aims to ensure equality of political participation and freedom of expression, it also raises critical concerns regarding the potential politicization of religious education. By employing Al-Mawardi’s theory of political appropriateness and propriety, this research evaluates whether campaigning in pesantren aligns with the ethical foundations of Islamic political thought. According to Al-Mawardi, political actions must be guided by moral considerations and the public good (maslahah), rather than short-term political interests. The findings suggest that although campaigns in pesantren are legally permissible, they are ethically questionable. Consequently, this study argues that political campaigns in pesantren should be avoided to preserve the sanctity of religious education and to prevent the encroachment of partisan politics into educational and spiritual domains.
Constitutional Analysis of the Indonesian Ulema Council Role in Political Mass Gatherings Minangkabau Region Ainul Mardhiah; Ahmad Suryadi
Tanfizi : Journal of Islamic Constitutional and Political Law Vol. 1 No. 2 (2025): December 2025
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/tanfizi.v1i2.10418

Abstract

The controversy surrounding the refusal of the Majelis Ulama Indonesia (MUI) of Payakumbuh City to issue a recommendation for a *tabligh akbar* led by Ustadz Abdul Somad (UAS) during the local election period highlights a persistent tension between the protection of constitutional rights and efforts to maintain the political neutrality of places of worship. MUI Payakumbuh asserted that the decision did not target religious preaching per se, but rather aimed to prevent indications of covert political campaigning conducted under the guise of religious gatherings in mosques. This study examines the legal basis and constitutional legitimacy of MUI’s action, maps the local political dynamics of Minangkabau society that shape the controversy, and assesses its implications for freedom of religion, expression, and the regulation of religious spaces in electoral contexts. The study employs a qualitative normative-empirical approach. Primary data were collected through in-depth interviews with MUI officials and mosque administrators in Payakumbuh, while secondary data consist of MUI fatwas and recommendations, electoral regulations (Law No. 7 of 2017, KPU and Bawaslu regulations), and national and local media reports. Data were analysed using statutory analysis, case study methods, and critical discourse analysis. The findings indicate that the prohibition of political campaigning in places of worship has a strong normative foundation in electoral law. However, from a constitutional perspective, MUI’s intervention risks regulatory overreach when the notion of practical politics is applied without clear, objective criteria and accountable procedures.
Political Intervention in the Independence of the Constitutional Court in Indonesia Ahmad Farihy; M. Gymnastiar A.P; Lutfil Ansori
Tanfizi : Journal of Islamic Constitutional and Political Law Vol. 1 No. 2 (2025): December 2025
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/tanfizi.v1i2.10520

Abstract

The Constitutional Court of Indonesia was established to safeguard constitutional supremacy and the system of checks and balances; however, its independence has increasingly been challenged by political intervention. This study examines how political interests influence the independence of the Constitutional Court through the mechanisms of judicial selection and dismissal, and how these mechanisms create structural opportunities for political intervention. Employing a normative juridical method, the research analyzes primary legal materials, including constitutional provisions, statutory regulations, and Constitutional Court decisions, supported by secondary sources such as scholarly literature and official legislative records. A focused case study on the replacement of a constitutional judge by the House of Representatives following Constitutional Court Decision Number 96/PUU-XVIII/2020 is used to illustrate these dynamics. The findings demonstrate that the involvement of political institutions in judicial recruitment and removal has systematically weakened judicial independence and undermined security of tenure. This study concludes that procedural reform, clearer legal limitations on the authority of proposing institutions, and stronger judicial ethics oversight are essential to restoring the Constitutional Court’s independence. By highlighting the structural dimensions of political intervention, this article contributes to the broader scholarly discourse on judicial independence and constitutional adjudication in democratic systems.
Framing of TikTok Social Media in the 2024 Indonesian Presidential Election Campaign Fadilla Syahriani; Navisa Latifa Auliya; Nadyya Zahratul Jannah
Tanfizi : Journal of Islamic Constitutional and Political Law Vol. 1 No. 2 (2025): December 2025
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/tanfizi.v1i2.10535

Abstract

This study aims to examine the role of TikTok in the framing of political campaigns during the 2024 Indonesian Presidential Election. The research focuses on how TikTok, as a dominant social media platform, influences public perception and political communication. Using a qualitative content analysis method, this study analyzes selected TikTok videos from prominent political candidates and their supporters, focusing on the themes, narratives, and visuals used in their campaigns. The findings reveal that TikTok is increasingly utilized to create emotional engagement, targeting younger voters through viral content and interactive features. Candidates use TikTok to present a more personal and relatable image, while also engaging with political issues through memes, short clips, and hashtag campaigns. The research concludes that TikTok plays a significant role in shaping electoral discourse by allowing real-time, creative, and participatory interactions between candidates and voters. This study contributes to the academic understanding of digital political communication, highlighting TikTok's potential as a powerful tool for political engagement and its impact on voter behavior, particularly among younger demographics. It also underscores the evolving nature of media consumption and its implications for the political landscape in Indonesia. The findings offer insights for future studies on social media's influence in electoral campaigns, particularly in emerging democracies where digital platforms are gaining prominence.
State Power Supervision and Corruption Prevention in Indonesia: Evaluating Institutional Ineffectiveness through Hisbah Perspectives Mustafid Mustafid; Mardona Siregar; Imam Agung Prakoso; Putra Halomoan Hsb; Muhammad Faiz Algifari
Tanfizi : Journal of Islamic Constitutional and Political Law Vol. 2 No. 1 (2026): June 2026
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study examines the effectiveness of oversight of power in preventing corruption in Indonesia from the perspective of fiqh siyasah hisbah. Studies on corruption have tended to focus on positive law and modern institutional approaches, while the Islamic ethical-political dimension has not been widely used as an analytical framework in evaluating weak institutional oversight. This article addresses this gap by analyzing how the principles of fiqh siyasah, particularly the concepts of amanah, hisbah, and maslahah, can be used to interpret the structural problems in the oversight of power in Indonesia. This study uses library research with a qualitative-analytical approach through a review of primary sources in the form of the Qur'an, hadith, and classical and contemporary literature on fiqh siyasah, combined with an analysis of regulations, anti-corruption policies, and academic studies on oversight institutions in Indonesia. The results show that the weak effectiveness of oversight institutions is not solely caused by regulatory issues, but also by the dominance of political interests, low elite integrity, and the absence of ethical oversight oriented towards moral accountability. In this context, fiqh siyasah hisbah offers a normative and theoretical framework that places supervision of power as a collective responsibility of the state and society.
Opportunities and Challenges of Islamic Law in Indonesia's National Legal System from Constitutional Perspective Muh. Arifin; Zulfikar Putra; Karman Karman
Tanfizi : Journal of Islamic Constitutional and Political Law Vol. 2 No. 1 (2026): June 2026
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/tanfizi.v2i1.11133

Abstract

This research aims to analyse the opportunities and challenges of applying Islamic law from a legal perspective in Indonesia. The background to this study is based on the fact that Islamic law has played a significant historical and normative role in the formation of the legal system in Indonesia. However, in practice, there are complex dynamics involved in integrating the principles of Islamic law into the pluralistic national legal framework. The results of the study indicate that there is significant potential for Islamic law to contribute to the strengthening of morality and justice within the national legal system. This potential is reinforced by the presence of Islamic law within the Indonesian legal system through regulations such as the Compilation of Islamic Law  and the recognition of Sharia Courts in certain regions. This research employs a qualitative an empirical legal approach that analyzes legal phenomena occurring in society. Data were obtained through a review of the literature on regulations, legal doctrines, judicial decisions, and previous research relevant to this topic. The conclusion is that Islamic law has great potential to contribute to Indonesia’s national legal system. One of the key opportunities lies in public acceptance of the principles of Islamic law, particularly in private law areas such as marriage, inheritance and Islamic finance. Regulations such as the Compilation of Islamic Law and the existence of institutions such as the Sharia Court in Aceh serve as concrete examples that Islamic law can be applied within the national legal framework with strong normative support
From ‘Asabiyyah to Community Solidarity: Group Fanatism in Contemporary Indonesian Elections from the Perspective of Ibn Khaldun and Hadith Ilham Mustafa; Firman Firman; Iqbal Yahya Utama; Muhamad Rezi
Tanfizi : Journal of Islamic Constitutional and Political Law Vol. 2 No. 1 (2026): June 2026
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/tanfizi.v2i1.11233

Abstract

This article discusses group fanaticism in the phenomenon of contemporary Indonesian elections using the concept of 'asabiyyah by Ibn Khaldun and a hadith about the prohibition of blind fanaticism as an analytical framework. The aim of this study is to explain that group fanaticism is not always negative, because to a certain extent it can serve as a social energy that builds cohesion, political participation, and legitimacy of power. However, fanaticism can also damage democracy if it turns into blind loyalty, identity exclusivism, the spread of hoaxes, hate speech, and horizontal conflicts. This research uses a qualitative-conceptual approach through literature review of Ibn Khaldun's thoughts on ‘asabiyyah, a hadith about the 'rayah ‘immiyyah,' an explanation of the hadith, and literature on contemporary Indonesian elections. The findings show that group fanaticism in elections emerges through identity politics, loyalty to figures, volunteer militancy, religious sentiment, and digital polarization. From Ibn Khaldun's perspective, these phenomena can be understood as forms of social solidarity capable of mobilizing masses and strengthening political positions. However, from the hadith perspective, solidarity must be controlled by the values of truth, justice, and public interest so that it does not turn into reprehensible 'asabiyyah. This article concludes that the key to democracy is not eliminating group fanaticism but managing it into inclusive, rational, and democratic citizen solidarity through political education, program-based campaigns, strengthening the General Elections Commission (KPU) and the Election Supervisory Agency (Bawaslu), digital literacy, volunteer codes of ethics, and inter-group dialogue.
Female Judges in Muslim-Majority Countries: The Reconfiguration of Judicial Authority in Islamic Political Jurisprudence Ahmad Faiz Shobir Alfikri; Maziya Rahma Wahda; Ahmad Zulfi Wahyudi
Tanfizi : Journal of Islamic Constitutional and Political Law Vol. 2 No. 1 (2026): June 2026
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/tanfizi.v2i1.11021

Abstract

This article examines the position of female judges in Islamic political jurisprudence (fiqh siyasah) and its institutionalisation across Muslim-majority countries. Two central questions guide this study: first, how classical and contemporary Islamic jurisprudence has positioned female judicial authority within the doctrine of wilāyat al-qaḍāʾ; and second, whether the incorporation of female judges into the constitutional frameworks of Muslim-majority states reflects a reconfiguration of the normative foundations of judicial legitimacy. This study employs a normative legal research design combining comparative and conceptual approaches. Primary legal materials consist of classical juristic texts, constitutional provisions, and judicial appointment statutes from selected Muslim-majority jurisdictions. In contrast, secondary legal materials include peer-reviewed scholarship on Islamic constitutionalism, judicial reform, and gender in Islamic legal systems. These materials are analysed through doctrinal interpretation and thematic comparative evaluation. The findings reveal, first, that classical jurisprudence did not produce a binding consensus (ijmaʿ) categorically prohibiting female judges, as minority opinions and divergent methodological approaches demonstrate the tradition’s inherent plurality. Second, the comparative constitutional analysis shows that the majority of Muslim-majority states have formally institutionalised female judges by reframing judicial authority in terms of professional competence, constitutional equality, and institutional legitimacy rather than in terms of gender. This article concludes that these developments reflect a structural transformation in Islamic political jurisprudence: a reconfiguration from a classical configuration premised on the convergence of sovereignty, religious legitimacy, and male guardianship, toward a constitutional paradigm grounded in institutional competence and equality before the law.

Page 2 of 3 | Total Record : 23

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