%0 Thesis
%9 Masters
%A Lucky Andrie Awan, NIM.: 24203011030
%B FAKULTAS SYARIAH DAN HUKUM
%D 2026
%F digilib:79026
%I UIN SUNAN KALIJAGA YOGYAKARTA
%K TAP MPRS No. XXV/MPRS/1966, Kepastian Hukum, Hak Asasi Manusia, Maqaṣid Al-Syari‘ah
%P 141
%T PROBLEMATIKA TAP MPRS NO. XXV/MPRS/1966 DI INDONESIA
%U https://digilib.uin-suka.ac.id/id/eprint/79026/
%X TAP MPRS No. XXV/MPRS/1966 is a regulation concerning the dissolution of the Indonesian Communist Party (PKI) and declaring it a banned organisation throughout Indonesia. It also prohibits any activity aimed at spreading or promoting the ideology or teachings of Communism or Marxism-Leninism in any form. The background to this research stems from the legal uncertainty surrounding the status of this resolution and the potential for its application to conflict with the principles of justice and human dignity. Consequently, this study examines two key issues: the implementation of the resolution in Indonesia and the implications of its application for humanitarian principles.  This study is a normative legal research project employing legislative, conceptual and analytical approaches. Data were obtained through a literature review of primary legal sources, namely TAP MPRS No. XXV/MPRS/1966, and secondary legal sources, including legislation, books and relevant academic works, which were subsequently analysed using descriptive and analytical methods. As a theoretical framework, this study utilises Gustav Radbruch’s theory of legal certainty, human rights, and Jasser Auda’s contemporary theory of maqāṣid al-syarī‘ah as three complementary analytical tools to assess the validity and impact of the decree.  Research shows that MPRS Decree No. XXV/MPRS/1966 remains formally valid. However, its substance still contains ambiguities in its provisions, particularly regarding the phrases “spreading or developing,” “studying scientifically,” and “in a guided manner.” This is evident in various post-reform cases, which show that enforcement has been based more on symbolic suspicion than on proof of actual acts. From the perspective of legal certainty, human rights, and maqāṣid al-syarī‘ah, the enforcement of this decree raises serious issues, including legal uncertainty, violations of human rights principles, as well as the principles of ḥifẓ al-‘aql, ḥifẓ al-dīn, and ḥifẓ al-nafs. Therefore, MPRS Decree No. XXV/MPRS/1966 needs to be fundamentally revised, including through clearer definitions of legal norms, protection of academic activities, limiting the standard of proof to actual acts, strengthening law enforcement, harmonization with human rights, and periodic reviews.
%Z Dr. Drs. M. Rizal Qosim, M.Si.