STUDI KRITIS PRAKTIK FAST-TRACK LEGISLATION DALAM PEMBENTUKAN UNDANG-UNDANG DI INDONESIA PERSPEKTIF SIYASAH TASYRI’ IYYAH

AZMI FATHU ROHMAN, NIM. 18103070010 (2022) STUDI KRITIS PRAKTIK FAST-TRACK LEGISLATION DALAM PEMBENTUKAN UNDANG-UNDANG DI INDONESIA PERSPEKTIF SIYASAH TASYRI’ IYYAH. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Laws from mid-October 2019 to December 2020 have illustrated the disclosure of legislation in Indonesia. The presence of several laws that were achieved through a rapid, non-transparent, and non-participatory legislative process applies both in the process of their formation to the substance of their regulation. At the same time, the fast-track mechanism for legislation that is not available in Indonesia deserves great attention in practice, which has taken the normal time in the formation of laws, resulting in a series of problematic legislation products. This has spurred various public questions on the fast-track law, which is referred to as a 'new phenomenon in the legislative mechanism in Indonesia, so it is interesting to examine it more deeply. Therefore, the formulation of the problem arises: the practical experience of fast-track legislation in the formation of laws in Indonesia? implementation of fast-track legislation in the power of legislation in Indonesia? fast track analysis of legislation in the formation of laws in Indonesia from a siyasah tasyri'iyyah perspective? This study uses a normative legal research method that examines library materials based on secondary data sources with a legal approach (sculpture approach), conceptual approach (conceptual approach), comparative approach (comparative approach), and case approach (case approach) to gain an in-depth understanding. and comprehensively on the problems of fast-track legislation in Indonesia. All data obtained were then analyzed qualitatively. The analysis will include and combine the concepts of legislation and siyasah tasyri'iyyah as a theoretical footing in this research. The results of the study based on the analysis concluded that the practice of fast-track legislation has implications for the content of the birth of such a problematic regulation. Fast track legislation is also incompatible to be applied over the legislative power in Indonesia. More than that, the practice violates the principles of Islamic tasyri 'in the perspective of siyasah tasyri'iyyah

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