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Firdaus Annas
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Data Center Building, 2nd floor, State Islamic University of Sjech M. Djamil Djambek Bukittinggi. Gurun Aua St, Kubang Putih, Banuhampu, Agam - West Sumatra - Indonesia Tel. 0752 33136 | Fax 0752 22871
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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 
Reformulation of Criminal Justice Paradigm in 2023 Criminal Code: A Comparative Analysis of Human Rights and Islamic Legal Principles Osamah Naufal Rahman; Risma Maulidar; Muhammad Diyaulhaq Rais
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.v2i1.11187

Abstract

The enactment of the 2023 Criminal Code marks a paradigm shift toward a more humane approach to punishment, one that is normatively grounded and aligned with human rights principles. This study stems from the tension between the classical retributive orientation of punishment and the global trend emphasizing corrective, rehabilitative, and restorative approaches, as well as respect for human rights. This study employs a descriptive-analytical normative qualitative method. Primary data sources include the Criminal Code and human rights instruments, while secondary data is drawn from books and journals on modern criminal justice. Modern Criminal Law is transforming into a human rights-based legal system rooted in the concept of human dignity and grounded in international human rights instruments, encompassing civil and political rights, economic, social, and cultural rights, as well as the rights of children, women, persons with disabilities, migrant workers, and the prohibition of torture. This requires continuous coordination among legal enforcers and practitioners. A human rights-based approach requires clear and empirically tested evaluative indicators to ensure the stable implementation of the law without discrimination. Reform must be accompanied by measurable and empirically verifiable evaluative parameters to ensure stable law enforcement. Ibn al-Qayyim stated that law enforcement is not only intended to punish but also to realize justice and the public good and to prevent harm. This indicates a normative alignment between modern human rights-based criminal law and the principles of Islamic law in positioning the human being as a subject whose dignity must be protected to ensure that law enforcement proceeds fairly, stably, and without discrimination.
Children’s Political Participation in the Digital Publich Sphere: An Analysis of Normative Boundaries in Politics A Review of Fiqh Siyasah Zaqiaty Salma; Heru Permana Putra
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.v2i1.11210

Abstract

This article analyzes forms of children’s participation in the public sphere from the perspectives of legal and political jurisprudence. This is a qualitative study involving qualitative data analysis based on field research, utilizing descriptive qualitative data analysis techniques. The research findings reveal four forms of children’s political participation in public spaces, including Expressive Participation (Opinions and Support). This is evident when children express political views on social media, such as by liking, commenting on, or sharing political content, as well as following the accounts of political figures or parties. Second, Symbolic Participation, which can be seen occasionally appearing in campaign photos/videos on social media, using political paraphernalia (T-shirts, flags) in digital content, and being used as an icon or symbol of support. Additionally, Digital Campaign Participation involves creating campaign content (TikTok, Instagram, etc.), helping to spread specific political messages, and becoming part of a digital team (informally). Based on research, the legal status of involving children in political campaign activities under positive law in Indonesia is implicitly regulated in Article 280(2) of Law No. 7 of 2017 on Elections and Article 1(1) of the Child Protection Law; it is prohibited if the child is under 17 years of age. As for fiqh siyasah, the various forms of involving children in elections in the digital space violate the principle of maslahah (there is no m  
Regional Public Policy and Human Rights Based on Muhammad Natsir's Perspective in Kuantan Singingi Fajar Illahi
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.v2i1.10933

Abstract

This study examines regional public policy and human rights from the perspective of Muhammad Natsir, focusing on policy implementation in Kuantan Singingi Regency, Indonesia. It investigates whether local government policies embody the principles of justice, public welfare, and human dignity emphasized in Natsir’s Islamic political thought. This research employs an empirical legal approach using qualitative methods. Primary data were obtained through interviews with local government officials, religious leaders, community representatives, and academics, supported by observations and analysis of regional regulations and policy documents. The findings reveal that regional public policies have improved public services and community participation but continue to face challenges related to equal access to services, protection of minority rights, and institutional accountability. From Muhammad Natsir’s perspective, public policy should integrate justice, moral responsibility, and respect for fundamental human rights as essential elements of governance. The study further demonstrates that effective rights-based policies require transparent decision-making, ethical leadership, and active public participation alongside compliance with legal norms. Strengthening coordination between local government institutions and civil society is necessary to ensure that regional policies consistently uphold constitutional values and human rights while reflecting Islamic ethical principles. This study contributes to the discourse on regional governance by demonstrating the contemporary relevance of Muhammad Natsir’s political thought in promoting human rights-oriented public policy and providing a normative foundation for developing accountable, inclusive, and socially just local governance.

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