PERBANDINGAN KONSTITUSI IRAK DENGAN KONSTITUSI INDONESIA PERSPEKTIF SIYASAH DUSTURIYAH

Luthfiyah Asfrida, NIM.: 18103070013 (2022) PERBANDINGAN KONSTITUSI IRAK DENGAN KONSTITUSI INDONESIA PERSPEKTIF SIYASAH DUSTURIYAH. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

In the government systems of Iraq and Indonesia, there are clear differences. Indonesia adheres to a purely presidential system of government, while Iraq adheres to a semi-presidential government system. This is written in the 2005 Iraqi Constitution and the Indonesian state which made the 1945 Constitution the state constitution. Likewise with the model and concept of the constitution in the perspective of Siyāsah Dustūriyah. The concept of separation of powers is divided into three, namely the executive, legislative, and judicial (Trias Politica). According to Abdul Wahab, the important elements in the study of fiqh siyasa dusturiyah consist of three things, the first is the form of government and legislation. Second, respect for individual rights. And third, regarding the areas of power. This type of research uses library research, namely research obtained from various sources of books, journals, magazines, manuscripts, documents and so on. The approach methods used in this research are the comparative approach and the historical approach. Meanwhile, the data analysis method in this study used qualitative data analysis, with inductive and deductive methods. The result of the research that has been done is that between Iraq and Indonesia, the system of government and constitution is very inversely proportional to one another. As for the separation of powers, they both use the trias politica form, but in the division of authority each country is quite different. In the perspective of siyasa dusturiyah, both Iraq and Indonesia have state principles that are quite different from the principles and shari'ah that apply to siyasa dusturiyah. However, in some aspects of governance and institutions, the two countries can be said to have complied with the principle of siyasa dusturiyah according to Abdul Wahab Khallaf's view.

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