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PERBANDINGAN HUKUM INDONESIA DENGAN PERANCIS PERIHAL SITUASI D
The regulation of emergency constitutional law regarding urgent matters in Indonesia requires a certain time limit in the implementation of emergency regulations. This aims to avoid violating the principles of democracy and human rights. The involvement of various branches of government in the determination and supervision process is also needed as an effort to create an effective check and balance system, so that the decision to determine a state of danger is taken carefully, based on comprehensive considerations and involving many parties. This research was conducted by examining the comparison of Indonesian and French law regarding urgent matters. This research aims to evaluate the policies in force in Indonesia. This research was analyzed using three theories, namely the theory of comparative law, the theory of state of exception, and the theory of maqâshid asy-syarî'ah. In addition, this research uses a normative legal research method (juridical normative) which examines library materials with a secondary database to find the legality of policies from both countries using the Law (Statute Approach), Comparative Approach and Conceptual Approach. The results of this thesis study based on its analysis, the author concludes that the policy of urgent matters in Indonesia does not have an explicit time limit regulated in the 1945 Constitution of the Republic of Indonesia and legislation. In addition, policies that only involve the DPR can create potential conflicts of interest, especially if the opposition is in the minority so that decisions can potentially be polarized.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
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