KONSTITUSIONALITAS PEMBATASAN PERIODE MASA JABATAN MPR, DPR, DPD, DAN DPRD REPUBLIK INDONESIA PERSPEKTIF MASLAHAH MURSALAH

Muhammad Nurisman, NIM.: 18103070009 (2022) KONSTITUSIONALITAS PEMBATASAN PERIODE MASA JABATAN MPR, DPR, DPD, DAN DPRD REPUBLIK INDONESIA PERSPEKTIF MASLAHAH MURSALAH. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The Indonesian constitution regulates the separation of powers according to the Trias Politica concept, however the concept of a constitution in Indonesia is not perfect. The separation of powers guarantees checks and balances, while the limitation of term of office ensures that power does not linger too long to avoid absolute power. Indonesia does not heed the concept of restrictions at all, it is shown by not having a limitation on the term of office of members of the legislature, this clearly violates the idea of a rule of law. So that a person can repeatedly become a member of the legislature, without a clear period limit. Unlike other branches of state power, such as the executive and judiciary, all of them have a period of tenure. This raises a confusion as to whether the legislature was spared the amendment to the constitution when it was amended, or whether it was not really urgent. The research uses a literature study, which collects materials from the literature such as legislation, books, and related journals. Later it will be processed in a qualitative research model that prioritizes word analysis rather than numerical statistics, while the writing uses an analytical descriptive style that prioritizes indepth reasoning and elaboration in writing. The theoretical framework uses a review of maslahah murshalah, a review of the politics of Islamic law, and a review of the limitation of power. The results of the study converge to a conclusion that it is very urgent to make provisions for the periodization of the legislative term of office. This is intended to ensure equality before the law and maintain the idea of the emergence of the state, as well as its correlation with the rule of law, namely guaranteeing the protection of human rights through limiting power. While the view of maslahah murshalah, the quality of legislative members will be guaranteed if positions are limited, because with a short duration of time it will make legislative members work more optimally. In addition, the absence of a period of tenure in the legislature will take the opportunity for new people to represent their chosen regions in the institution. So it is very oppressive and vanity if power is not limited, for the common good, legislative institutions should be limited in order to guarantee the rights of others from absolute power.

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