POLITIK HUKUM ISLAM DALAM PROSES PEMBAHASAN RANCANGAN UNDANG-UNDANG PENGHAPUSAN KEKERASAN SEKSUAL (RUU PKS) DI INDONESIA

AISYAH CHAIRIL, S.H., NIM. 18203010074 (2021) POLITIK HUKUM ISLAM DALAM PROSES PEMBAHASAN RANCANGAN UNDANG-UNDANG PENGHAPUSAN KEKERASAN SEKSUAL (RUU PKS) DI INDONESIA. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

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.

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