TY  - THES
N1  - PROF. DR. DRS. H. MAKHRUS MUNAJAT, S.H, M.HUM
ID  - digilib46682
UR  - https://digilib.uin-suka.ac.id/id/eprint/46682/
A1  - AISYAH CHAIRIL, S.H., NIM. 18203010074
Y1  - 2021/08/16/
N2  - Data on violence as well as sexual crimes continue to increase from year to
year in the records of the National Commission on Violence against Women.
From 2011 to 2019, 46,698 cases of sexual violence were recorded. This urgent
problem prompted itself to propose a draft law on the Elimination of Sexual
Violence. Even so, the initial draft was substantially philosophically
criticized, even rejected in the legislative chamber and public sphere. The
debate in both the legislative chamber and the public is interesting.
Philosophical debates at the level of basic terms and legal paradigms stick out
sharply. This is the major distinction of the PKS Bill. The biggest contra, comes
from civil society, especially among Muslims in the DPR. Even so, it is
interesting that the Judicial Review advocates also agree that the problem of
violence (as well as sexual crimes) must be resolved immediately, that is, it
should be passed into law.
This paper seeks to photograph and analyze the dynamics of legal politics,
especially the politics of Islamic law in the RUU PKS debate. Islam as a religion
is one of the elements forming national law paradigmatically, tries to trace its
role, influence, and position in the RUU PKS debate both in the manifestation
of political parties or civil society. Meanwhile, the rational-empirical analysis
method adopted in this paper is in the framework of a political-law approach,
namely an in-depth analysis based on facts and debate data both in the
legislative chamber (internal) and in the public space (external), as well as in a
populist and academic capacity. The political-law approach seeks to see and
assess the attitudes and voices of political parties in this case, both
ideologically and practically pragmatism.
After conducting the study, the writer found conclusions. First the legal
paradigm debate is broadly motivated by differences in ideology and the
orderly paradigm of Indonesian positive law. Second, the influence and role of
Islamic Law Politics in the legislative chamber is not strong. Even so, the
strength of civil society among Muslims was able to strongly influence the
dynamics in the legislative process in the DPR.
PB  - UIN SUNAN KALIJAGA YOGYAKARTA
KW  - PKS Bill
KW  -  Political Law
KW  -  Islamic Political Law
M1  - masters
TI  - POLITIK HUKUM ISLAM DALAM PROSES PEMBAHASAN
RANCANGAN UNDANG-UNDANG PENGHAPUSAN KEKERASAN
SEKSUAL (RUU PKS) DI INDONESIA
AV  - restricted
EP  - 147
ER  -