KEDAULATAN RAKYAT DALAM PERSPEKTIF FIQH SIYASAH DAN IMPLEMENTASINYA DALAM SISTEM HUKUM INDONESIA

Abstract

This study evaluates the implementation of popular sovereignty in Indonesian positive law through the lens of Fiqh Siyasah. Using a systematic literature review, this study synthesizes various authoritative scientific literature. The results show that Fiqh Siyasah successfully harmonizes Hakimiyah Allah (God's Sovereignty) and Siyadah al-Ummah (People's Sovereignty) through the mechanisms of Shura and Bai'ah. This theological-constitutional synergy has been internalized into the Pancasila and the Preamble to the 1945 Constitution, which, after the amendment, strengthens the supremacy of the constitution (Siyasah Dusturiyah). However, the literature review reveals a clear gap with the national political reality. The presidential threshold policy is considered to strengthen the oligarchy of political parties, while the practice of risywah siyasah degrades the dignity of parliament. In this tension, Constitutional Court Decision Number 62/PUU-XXII/2024 presents a crucial Siyasah Qadhaiyyah intervention to restore the pure rights of citizens. This study concludes the need for reconstruction of election regulations that are oriented towards the welfare (Maqasid al-Shari'ah).