The Comparative Study of Fiqh Siyasah with the General Principles of Good Government in Indonesia

Prawitra Thalib, - and Bagus Oktafian Abrianto, - (2019) The Comparative Study of Fiqh Siyasah with the General Principles of Good Government in Indonesia. Arena Hukum, 12 (2). pp. 215-234. ISSN 0126-0235

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Abstract

The General Principles of Good Government are currently one of the assessment bases for the judges in the Administrative Court to examine whether or not actions of the government contains the elements of harm for the community. The existence of Law No.30 of 2014 on Government Administration has expanded the competence of The Administrative Court (PTUN) in which the object of lawsuit in the Administrative Court is not only the Decisions of Administrative (beschikking) but also factual action from official or administrative institutions. With the amendment of Law No.5 of 1986 on the Administrative Court namely Law No. 9 of 2004 and Law No.51 of 2009 affirms the existence of The General Principles of Good Government as one of reasons to sue in the Administrative Court. It is inevitable today that the concept of Islamic law is widely used and applied in legal actions, whether in the realm of business law, private law or public law. Therefore, the concept of good government according to Islam needs to be studied further, often referred to as the concept of fiqh siyasah. This study is aimed to examine the comparison between the concept of The General Principles of Good Government with the concept of fiqh siyasah.

Item Type: Article
Uncontrolled Keywords: General Principles of Good Government; Fiqh Siyasah; Administrative Court; Islamic Law.
Subjects: K Law > K Law (General)
Divisions: 03. Fakultas Hukum > Hukum Perdata
Creators:
CreatorsNIM
Prawitra Thalib, -NIDN1016118501
Bagus Oktafian Abrianto, -NIDN0003108802
Depositing User: Khusnul Latifah
Date Deposited: 21 Oct 2021 01:17
Last Modified: 04 Feb 2022 08:27
URI: http://repository.unair.ac.id/id/eprint/111470
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