TINJAUAN PRINSIP PERADILAN ISLAM TERHADAP HAK UJI MATERIIL AD/ART PARTAI POLITIK (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 39 P/HUM/2021)

Ahwa’l Mahway, NIM.: 18103070059 (2022) TINJAUAN PRINSIP PERADILAN ISLAM TERHADAP HAK UJI MATERIIL AD/ART PARTAI POLITIK (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 39 P/HUM/2021). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Judicial review that applies in Indonesia is a manifestation of the principle of limiting power in the administration of the state. This can be seen from the authority of the Supreme Court and the Constitutional Court to cancel laws and regulations that are considered inconsistent with the laws and regulations above. In September 2021, there was an application for the right to a judicial review of the 2020 Democratic Party's Articles of Association and Bylaws (AD/ART), which raised pros and cons. In its decision, the Supreme Court stated that the a quo petition from the petitioners could not be accepted. In this study, the authors formulated two problem formulations. First, how is the review of Wahbah Az-Zuhaili's Islamic judicial principles on the authority of the Supreme Court's judicial review of the AD/ART rights of Political Parties. Second, how is the progressive legal review of the Supreme Court Decision Number 39 P/HUM/2021. This type of research uses a descriptive-analytical literature study. The approach used is juridical-normative-theoretical, with secondary data types, as well as qualitative data analysis techniques. The results of this study indicate several conclusions. First, based on the perspective of Wahbah Az-Zuhaili's Islamic judicial principles, the Supreme Court's authority for judicial review of the AD/ART rights of Political Parties cannot be justified, because it contradicts the principles of justice in general and the four principles of Islamic justice in particular. The four principles that have been violated are: 1) the principle that judges must adhere to the syara' laws; 2) the principle of decision-making must be tied to the decision-making procedure; 3) the principle of decisions taken must be based on the syara' texts; and 4) the principle of al-ihsaan fi al-adl, namely the principle of maintaining general stability and justice. Second, the Supreme Court's Decision Number 39 P/HUM/2021 in which the judge cannot accept the objection to the judicial review of the Democratic Party's AD/ART rights, is in accordance with the perspective of progressive law. This is because progressive law does not necessarily allow all actions to break the law without knowing the philosophical, constitutional and sociological boundaries that have been determined regarding the authority of the Supreme Court judge in the case he faces

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