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PERAN MAHKAMAH KONSTITUSI DALAM PERLINDUNGAN HAK ASASI MANUSIA DI INDONESIA TINJAUAN MAQASHID SYARI’AH
This study aims to analyze the role of the Constitutional Court in protecting Human Rights in Indonesia which is analyzed through Maqashid Syari'ah. The existence of articles on Human Rights in the 1945 Constitution proves that Indonesia is a country of law that is committed to recognizing and respecting Human Rights. The 1945 Constitution grants the authority to conduct judicial review to the Constitutional Court (MK) as the final interpreter of the constitution and as the guardian of the constitution. In addition, the Constitutional Court also functions as a protector of human rights which is a consequence of the existence of Human Rights as the material content of the constitution. Islam also has noble values as the basis for the recognition and protection of Human Rights. Basic human rights in the theory of Maqashid Syari'ah are grouped into 5 (five), namely; hifdz al-Din (maintaining religion), hifdz al-Nafs (maintaining the soul), hifdz al-'Aql (maintaining reason), hifdz al-Nasl (maintaining offspring) and hifdz al-Mal (maintaining wealth). This study uses several basic theories as the basis for analysis, namely: Human Rights Theory, and Maqashid Syari'ah. This type of research is library research by collecting, reading and recording and processing research materials in the form of literature that is relevant to the problem. The research approach uses a normative approach, namely by approaching the problem using Human Rights and Maqashid Syari'ah. The data sources in this study are in the form of primary data and secondary data, such as related laws and regulations, books, journals, and other media. The data analysis method used is descriptive-analytical. The results of this study indicate that based on several Constitutional Court decisions, it can be used as evidence to assess that the judicial review conducted by the Constitutional Court is to protect human rights. When viewed from the Maqashid Syariah regarding the judicial review of laws conducted by the Constitutional Court and the interpretation of contextualization in various cases, it has been in accordance with the Maqashid Syariah in protecting five aspects of life: religion, soul, mind, descendants, and property. So that the Constitutional Court functions as a law enforcement institution to ensure that state power runs properly and does not violate human rights.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PERAN MAHKAMAH KONSTITUSI DALAM PERLINDUNGAN HAK ASASI MANUSIA DI INDONESIA TINJAUAN MAQASHID SYARI’AH (Text)
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