eprintid: 39158
rev_number: 10
eprint_status: archive
userid: 12259
dir: disk0/00/03/91/58
datestamp: 2020-04-30 02:08:49
lastmod: 2020-04-30 02:08:49
status_changed: 2020-04-30 02:08:49
type: thesis
metadata_visibility: show
creators_name: TARSAN UMARAMA., NIM. 18203010064
title: CONSTITUTIONAL QUESTION DI MAHKAMAH KONSTITUSI SEBAGAI
PELINDUNG HAK KONSTITUSIONAL WARGA NEGARA PERSPEKTIF
SIУĀSAH QAḌĀʼIУУAH
ispublished: pub
subjects: hak_asasi
divisions: syar_huk
full_text_status: restricted
keywords: Constitutional Question, Siyāsah Qaḍā‘i̅yyah, Human Rights.
note: Dr. OCKTOBERRINSYAH, M. Ag.
abstract: The development of state administration in countries that have
established constitutional courts today shows a trend of very rapid progress in
terms of guaranteeing and protecting the constitutional rights of citizens (human
rights). One of the protecting is the availability of judicial review access through
a constitutional question mechanism or testing of concrete norms whose authority
is in the hands of the constitutional court. Reflecting on countries that have
adopted consitutional questions to resolve the constitutionality issue of legal
norms being faced by the court or the parties involved inside it, giving right to
judges to submit constitutional questions to the constitutional court. So that the
constitutional rights of citizens (human rights) are protected from the misuse of
the application of the law by the judge. The main issue discussed is how the
application of constitutional question in the constitutional court is as a protector
of citizens'constitutional rights from the perspective of siyāsah զaḍā'i̅yyah.
Therefore the application of constitutional questions through the siyāsah
զaḍā'iyyah approach becomes very important to be investigated.
This type of research used in drafting of this thesis is library research.
This research is descriptive exploratory. The approach used in this research is a
normative juridical approach with siyāsah զaḍā‘i̅yyah theory, data sources in
this research are divided into 3 (three): primary, secondary, and tertiary sources.
The result of this thesis research shows that the application of the
constitutional question mechanism can expand the medium of constitutional
protection for citizens who are involved in the litigation process in court, so they
are not punished based on laws that are still doubtful constitutionality by covering
concepts, objectives and application. It must be in accordance with the principles
contained in siyāsah զaḍā‘i̅yyah. In reviewing of siyāsah զaḍā‘i̅yyah (judicial
politics), law enforcement institutions (siyāsah tasyri‘i̅yyah), human rights in
Islam, the term constitutional question is certainly very urgent to be applied in the
constitutional court, besides that from the original intent side, there is no
prohibition or limitation for elaborating the authority of constitutional question to
be institutionalized in the Constitutional Court.
date: 2020-02-12
date_type: published
pages: 136
institution: UNIVERSITAS ISLAM NEGERI SUNAN KALIJAGA YOGYAKARTA
department: PASCASARJANA
thesis_type: masters
thesis_name: other
citation:   TARSAN UMARAMA., NIM. 18203010064  (2020) CONSTITUTIONAL QUESTION DI MAHKAMAH KONSTITUSI SEBAGAI PELINDUNG HAK KONSTITUSIONAL WARGA NEGARA PERSPEKTIF SIУĀSAH QAḌĀʼIУУAH.  Masters thesis, UNIVERSITAS ISLAM NEGERI SUNAN KALIJAGA YOGYAKARTA.   
document_url: https://digilib.uin-suka.ac.id/id/eprint/39158/1/18203010064_%20BAB%20I_BAB%20V%20DAN%20DAFTAR%20PUSTAKA.pdf
document_url: https://digilib.uin-suka.ac.id/id/eprint/39158/2/18203010064_%20BAB%20II_BAB%20III%20DAN%20BAB%20IV.pdf