2 research outputs found
PEMIKIRAN IMAM AL-MAWARDI TENTANG POLITIK DAN HUKUM TERHADAP KEKUASAAN KEHAKIMAN DI INDONESIA
No full textThe significance of the constitutional system of a legal state, including in Indonesia, is the existence of judicial authority. Imam al-Mawardi in the Book of al-Aḥkām al-Sulṭaniyyah has laid the basis for guiding practical values to exercise judicial power. The conceptual optimizations initiated in carrying out judicial power are improving the integrity of judges. The study in this study aims to find out and understand the political and legal dimensions of Imam al-Mawardi's perspective conceptually-constructively-analytically towards the judicial authorities in Indonesia. The theory used to analyze this study is state law theory, judicial theory, and the theory of interdetermination of politics and law. Whereas, in terms of methodology, descriptive-literal methods are used with philosophical, juridical, and political approaches. The results of the study show that Imam al-Mawardi in initiating the political and legal concepts of judicial power tended to aspects of strengthening judicial power. In the sense that judicial power has a quo status that must be accommodated for each state system. Whereas on the one hand, the judiciary in the state constitutional system has a connection with political and legal interdetermination. Then the conceptual implication of this research is that the judicial power in the country of Indonesia is contextually-accommodating in applying the concept initiated by Imam al-Mawardi on the political and legal dimensions of judicial power. On that basis, this research study can be used as a reference in the administration of judicial power in the State of Indonesia
Rekonstruksi Konseptual Peradilan sebagai Revitalisasi Kekuasaan Kehakiman dalam Sistem Ketatanegaraan Indonesia
No full textIndonesia as a legal state is the logical consequence of the crystallization of Indonesian history as a nation both historically and constitutionally. Hence, Indonesia should has accountable constitutional system in law enforcement as well as social prestige to increase public trust in the justice system in Indonesia. In this study, the researcher is more focus on the justice system as the law enforcement. This study aims to investigate the inclusion of imbalance authority in Indonesia judicial system; between the Constitutional Court authority and the Supreme Court in testing legislation. Thus, intended conceptual reconstruction is a form of actualization as well as recommendation on the justice system that must be integrated in the two judicial institutions authority. Therefore, this research is conducted methodically as literal-descriptive research by addressing relevant data literally
