eprintid: 64867
rev_number: 10
eprint_status: archive
userid: 12243
dir: disk0/00/06/48/67
datestamp: 2024-04-19 07:26:28
lastmod: 2024-04-19 07:26:28
status_changed: 2024-04-19 07:26:28
type: thesis
metadata_visibility: show
contact_email: muchti.nurhidaya@uin-suka.ac.id
creators_name: Ramadhan Siddik Pane, NIM.: 22203011056
title: KONFIGURASI HUKUM ISLAM DALAM PUTUSAN JUDICIAL REVIEW MAHKAMAH KONSTITUSI TERHADAP UU NOMOR 18 TAHUN 2009 TENTANG PETERNAKAN DAN KESEHATAN HEWAN
ispublished: pub
subjects: ilmu_syariah
divisions: ilmu_sya
full_text_status: restricted
keywords: Islamic Law; Judicial Review; Constitutional Court; PKH Law
note: Pembimbing:
Dr. M. Nur, S. Ag., M. Ag
abstract: The configuration of Islamic legal norms in a plural legal system in Indonesia in addition to norms made by the legislature can also be seen based on the decisions of the judiciary. The decision of the Constitutional Court as one of the positive laws will be directly related to the pluralism of Indonesian society. How the existence of Islamic law in the Constitutional Court decision will be studied with the concept of legal pluralism. The Constitutional Court's rulings in various judicial reviews of the PKH Law show new variations that are different from the provisions of the Law. The Constitutional Court's decision gave rise to a new norm, so how the provision will be critically analyzed based on progressive legal concepts. The third academic problem shows how the Constitutional Court's decisions that contradict the law are studied based on the concept of justice and law-making in Islam. So the problem is analyzed with siyāsah qadāiyyah.
This research is assembled based on doctrinal legal research methods. Research consists of two types of variables so that it can be grouped into analytical descriptive research. The approach used in this study is the statutory approach and the case approach. The law that is used as a database is the PKH Law and the result of the Constitutional Court decision. The data in this study consisted of secondary data. The secondary data is in the form of primary legal material and secondary legal material. Primary legal material in the form of PKH Law and the results of Constitutional Court decisions and secondary legal material in the form of legal articles that refer to academic problems of this research. Data was collected through 3 series in the form of document studies, literature studies, and archival studies from the official website of the Constitutional Court of the Republic of Indonesia. The collected data is then analyzed by utilizing qualitative data analysis techniques.
Based on a systematic research framework, the results include three important findings in the development of constitutional law studies in an Islamic perspective. The three findings in this study are, first, the findings that state that based on indicators developed based on the theory of legal pluralism, MK can be categorized as able to balance between Islamic law, customary law and positive law in a plural legal system. Second, based on the indicators developed in the progressive legal theory of the Constitutional Court in terms of shifting authority to become a new norm maker is an effort to respond to social changes in society, dynamic interpretation, and to the empowerment of minority laws. The third finding states that the Constitutional Court in judicial design is coherent with the concept of siyāsah qadāiyyah based on indicators of independence and progressive rulings.
date: 2024-02-29
date_type: published
pages: 171
institution: UIN SUNAN KALIJAGA YOGYAKARTA
department: FAKULTAS SYARIAH DAN HUKUM
thesis_type: masters
thesis_name: other
citation:   Ramadhan Siddik Pane, NIM.: 22203011056  (2024) KONFIGURASI HUKUM ISLAM DALAM PUTUSAN JUDICIAL REVIEW MAHKAMAH KONSTITUSI TERHADAP UU NOMOR 18 TAHUN 2009 TENTANG PETERNAKAN DAN KESEHATAN HEWAN.  Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.   
document_url: https://digilib.uin-suka.ac.id/id/eprint/64867/1/22203011056_BAB-I_IV-atau-V_DAFTAR-PUSTAKA%20%281%29.pdf
document_url: https://digilib.uin-suka.ac.id/id/eprint/64867/2/22203011056_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf