REKONSTRUKSI KEWENANGAN MAHKAMAH KONSTITUSI BERKAITAN PENGADUAN KONSTITUSIONAL PERSPEKTIF MAQASID AL-SYARI ‘AH

Dinda Suciana Rambe, S.H, NIM.: 22203011015 (2024) REKONSTRUKSI KEWENANGAN MAHKAMAH KONSTITUSI BERKAITAN PENGADUAN KONSTITUSIONAL PERSPEKTIF MAQASID AL-SYARI ‘AH. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

In Indonesia today violations of the constitutional rights of citizens occur only because of the establishment of a law that is substantially indicated to have violated the constitutional rights of citizens, whereas violations of constitutional rights also occur because they are caused by the actions or omissions of State officials. In other States, violations of citizens' constitutional rights are resolved under the umbrella of law through constitutional grievance mechanisms. This study discusses the recontruction of the authority of the Constitutional Court related to constitutional complaints from the perspective of Maqasid Al-Shari'ah. This study will review how the recontruction of the authority of the Constitutional Court is related to constitutional complaints and how the urgency of reconstructing the authority of the Constitutional Court related to constitutional complaints from the perspective of Maqasid Al-Shari'ah. This research is a library research, using a conceptual approach to examine the views and doctrines that develop in law, as well as legal concepts and principles, then a comparative approach is used to analyze the practice of constitutional complaints found in Germany and Korea, Data collection techniques are carried out by looking for data derived from secondary data, namely primary legal materials and secondary legal materials, then the data found is analyzed and presented descriptively. The results showed that an alternative to the recontruction of the Constitutional Court's authority related to constitutional complaints could be through amendments to the 1945 Constitution, namely by amending some articles in the 1945 Constitution related to the Constitutional Court's authority to adjudicate constitutional complaint cases, and by alternatively amending the Constitutional Court Law. The urgency of constitutional complaints within the authority of the Constitutional Court from the perspective of Maqasid Al-Syari’ah is as a form of protection of individual rights, law enforcement and legitimacy of power, supremacy of the constitution, and the realization of a healthy democracy. In line with the transformation of Maqasid Al-Syari’ah from classical to contemporary from preservation and protection to development, preserving the soul becomes the protection of human rights and dignity that prioritizes social aspects of society. From these considerations, constitutional complaints from the perspective of Maqasid Al-Syari’ah belong to the level of Maqasid Al-Syari’ah Dharuriyyat.

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