International Journal of Law and Legal Ethics, Vol 1, Issue 1 (April, 2020)

CRITICAL ANALYSIS OF JUDGE POWER IN INDONESIA, VIEWED FROM FIQIH

COMPARISON OF MAZHAB

R. Ahmad Muhamad Mustain Nasoha

IAIN Surakarta, Ketua LBM PCNU Kota Surakarta, Tim Ahli Hukum Kantor Hukum Pedang
Keadilan, Pembina Majelis Ta’lim Raudlatul Muhibbbin

am.mustain.n@gmail.com

ABSTRACT
This research contains the Judicial Power in Indonesia. Judicial Power is an independent
power exercised by a Supreme Court and a judicial body underneath it in the general court,
religious court, military court, state administrative court, and by a Constitutional Court, to
administer justice to enforce the law and justice. This research is a normative legal research,
normative in nature. The approach used is a normative juridical approach. The types of data
used are primary and secondary data. Based on the research and analysis conducted, it is
concluded that the knowledge of the Trans-sectarian Power is very important to be studied
by legal experts and scientists in Indonesia and the world in general. Because it does not
rule out the possibility of a Revision of the Judicial Power Act wherein the rulers need to
also pay attention to differences of opinion among the Fiqh Ulema..

Keywords: Constitution, Judicial Power and Comparative Jurisprudence of the Schools.

INTRODUCTION
Indonesia is a state of law, this is stated in article 1 paragraph (3) of the 1945 Constitution of
the Republic of Indonesia after the third amendment was ratified November 10, 2001. The meaning
of this constitution is that all aspects of life in society, statehood and government must always be
based on law. In the explanation of the 1945 Constitution of the Republic of Indonesia, it is said,
among other things, that "The Indonesian state is based on law (Rechtsstaat) (Ni'matul Huda. 2005:
206) not based on mere power (machsstaat)". (Ahmad Muhamad Mustain Nasoha. 201: 1) Carl J.
Friedrich in his book: "Constitutional Government and Democracy Theory and Practice in Europe
and America" defines the constitution in 5 concepts: Philosophical, Structural, Legal Documentary
(Documentarian), Procedural (Procedural). Hans Kelsen in his book "General Theory of Law and
State" (Kukuh Fadli Prasetyo. 2012: 498) which was translated by Drs. Somardi told Indonesian
students: "the constitution is the basis of the national legal system". Kelsen distinguishes the
concept of constitution according to a review of Legal Theory and political theory. In the Oxford
Dictionary Dictionary of Law, is defined as "the rules and practices that determine the composition
and functions of the organs of the central and local government in a state and regulate the
relationship between individual and the state". More about the constitution, K.C. Wheare revealed
that the constitution is a collection of regulations that are usually collected in one document or
several documents that are closely related. From the classical historical records there are many
understandings of the constitution, which we still often encounter. The sources also vary, for
example in the words of Ancient Greek Politeia and the Latin words Constitutio which are also

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related to the word jus. It is in these two examples that the origin of the idea of constitutionalism
was expressed by humanity and the relationship between the two terms in history. If the two terms
are compared, it can be said that the oldest is the word polytheia which comes from Greek culture.
(Muhamad Rakhmat., SH., MH. 2014: 33) Prof. Jimly Asshiddihie said that the constitutional
highest objectives were: (1) justice; (2) order; and, (3) the embodiment of ideal values such as
freedom or freedom and prosperity or shared prosperity, as formulated as a state goal by the
founding fathers and mothers. (Jimly Asshiddiqie. 2009: 119) According to Herman Heller the
Constitution written in a text is the highest law in force in a country. (Alwi Wahyudi. 2012: 243-
244). In the language of the Constitution derived from the French constituer which means to form,
the use of the term constitution meant is the formation of a State or formulating and declaring a
State. In addition to the Constitution also known as the Basic Law. This second term is a translation
from the Dutch language Grondwet. Grond means land or foundation and wet means law.
(Muhammad Alim. 2010: 61) On the basis of this understanding, the constitution is equated with
the understanding of basic law, which means it can be written and can not be written. (Sunarto.
2015: 88).
At present, at least there can be said that there are twelve principles of the rule of law, namely
the Supremacy of the Constitution, equality before the law, the principle of legality (due process
of law), Limitation of Power, Organs Independent Government, Independent and impartial
Judiciary, Administrative Court, Constitutional Court, Protection of Human Rights, Democratic
(democratische-rehtsstaats), Functioning as a Means Realizing Welfare Rechtsstaat, and
Transparency and Social Control. (Jimly Asshiddiqie, 2005: 154). Judicial Power in Indonesia is
written as one, namely Chapter IX concerning Judicial Power. Consists of Article 24, Article 24A,
Article 24B, Article 24C, and Article 25. And to be detailed in Law Number 48 of 2009 concerning
Judicial Power. (Dachran Busthami, 2017: 5). Judicial power is divided into three chambers
namely the Supreme Court, the Constitutional Court and the Judicial Commission. (Tutik Quarter,
2010: 200). Initially only 2. However, for the sake of strengthening checks and balances in the
amendment to the 1945 Constitution is the birth of the Constitutional Court which is given the
authority to examine the Act against the Constitution (Mahfud MD, 2010: 74). According to the
statement of The Future of World Religions that Indonesia's population of Muslims in 2010
reached 209.12 million people, or about 87% of the total population. While Islam itself has a lot
of Fiqh Schools that can be followed. Especially the 4 major schools are Maliki, Shafi'i, Hambali
and Hanafi schools. (Nafiul Lubab and Novita Pancaningrum, 2015: 2) Although there are also
other schools such as Az Zahiri. Then it is important to know the study of the School of Law in
the chapter on Judicial Power as well as a critical study of Judicial Power. This journal will explore
the Judicial Power in Indonesia in the Constitutional Perspective and Comparative Jurisprudence
of the Schools.

Problem Statement
From the background of the above problem, the writer formulates the problem as follows:
- What are the views of the scholars of the school of judicial authority ?

Theoretical Review
1. Theory of Independence of Judicial Power.
According to Bambang Sutiyoso and Sri Hastuti Puspitasari, talking about the implementation
of the independence of judicial power, there needs to be clear parameters that measure the
independence of the judiciary or not, there are three kinds of judicial independence parameters,

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namely the independence of the institution, the independence of the judicial process, and the
independence of the judges. alone. (Aditya Wiguna Sanjaya, 2018: 52).
2. Legal Certainty Theory
Legal certainty is a guarantee that the law is carried out, that those who are entitled according
to the law can obtain their rights and that the verdict can be implemented, legal certainty is a
legal protection against arbitrary actions which means that someone will get something that is
expected in certain circumstances. (Aditya Wiguna Sanjaya, 2018: 219).
3. Theory of Receptio in Complexu
Theory of Receptio in Complexu says that for each resident the law of each religion
applies. For Muslims, Islamic law applies, so do followers of other religions. (Ahmad
Muhamad Mustain Nasoha, 2015: 46).

Discussion
Bermazhab Law in the decision of the 1st Nahdhatul Ulama Conference on October 21,
1926 in Surabaya is a must for Muslims, which is to follow one of the 4 schools. Taken from Al-
Mizan Al Kubra Book 1 page 34, Al-Fatawa AL-Kubra volume IV page 307, Sulamul Wushul
volume III page 921 san volume IV pages 580 and 581. (LBM PBNU, 2010: 2). The School of
Ulemas, especially the four schools of thought, had different opinions about the Judicial Power.
Muhammad bin Abdurrahman Ad-Dimsyiq. 2018: 311), (Abdul Wahhab Sya'rani. 1971: 285).
In the opinion of Imam Maliki, Imam Shafi'i and Imam Hambali may not be in a position
of judge if one does not have the expertise to perform jihad, such as those who do not know the
methods of establishing the law. But Imam Hanafi said: May other than mujtahid hold the post of
judge. While the scholars of Imam Hanafi followers disagree on this issue. Some of them require
ijtihad to be a judge. Others allow ordinary people to be judges. They said, "Ordinary people lay
down the law by way of taqlid, strictly speaking, putting a trust in a mujtahid." If the judge takes
the law disputed by the Imam of the School, then the judge must take the opinion of only the Imam
of the School, even though this is permissible. However, taking the opinion of a school of thought
priest who grew up in a country and not knowing other than the opinion of a school of worship,
then it is not good, or for example his ancestors or learn from a teacher who is holding on to one
of the schools of faith, then this is not good, then he limits himself to follow his opinions so that if
two people in dispute ask him for a decision, the case that must be decided includes a case that has
been claimed by three other school priests. For example, the problem represents something that is
not agreed upon by the disputing person. Even though he was a judge in the Hanafi school.
Whereas in the Fiqh of Imam Maliki, Imam Syafi'i and Imam Hambali allow such representation,
but Hambali does not allow it. Meanwhile, he does not have the argument in prioritizing the
opinion of an Imam of the school of thought so he will be trapped in error. We should fear Allah
azza wa jalla if he tends to follow the passions in deciding matters, and does not belong to those
who pay attention to the opinions of others, then he chooses his own opinion which is considered
better. Now we need to say that women cannot assume the position of judge according to Imam
Maliki, Imam Syafi'i and Imam Hambali and the ruling is invalid, while Imam Hanafi believes that
the law is permissible and the ruling is legal, provided that the case being handled is a case that
can be accepted by his testimony. According to Hanafi, things that can be accepted by his
testimony are all cases, except hudud which is in the Jinazat chapter. However, Imam Ibn Jarir adi-
Tabari said that women may and legally be judges in all cases. Without limitation as the opinion
of Imam Hanafi.

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A legal judge, Fardhu Kifayah, decided that this case was the opinion of Imam Hanafi,
Imam Maliki and Imam Syafi'i, so if all judges in the world went on strike or did not want to
convene, all judges were subject to the law of sin. However, Imam Hambali in his history clearly
said that giving his legal decision was not a fard kifayah and was not compulsory for someone
who had the ability to be a judge, even though it was not obtained by anyone else. This means that
if all the judges and capable people do not want to give a decision then not to be convicted of sin.
Corruption and being a judge by bribery by the school's priests agree is not justified. Judges
appointed in this way are illegal. So that the decision is not punished legally because the judge's
position is not valid. The school of faith agreed that deciding cases that were not in accordance
with the knowledge of the legal judge were not allowed. This means that if the judge does not
know, then he must study or ask the experts as happened in court. Meanwhile, if the judge really
does not understand and master the law, then the judge cannot give a decision.
There is a problem that always arises in terms of the judicial ability, he decided the case based
on his knowledge, in this case Imam Hanafi argued that something witnessed by the judge, namely
the cases that required hudud, before serving as a judge or afterwards, should not be decided based
on his knowledge. As for human rights cases, the judge is allowed to decide based on his
knowledge, both before serving as a judge and afterwards. Imam Maliki and Imam Hambali said
that judges were not permitted to decide cases based on their knowledge, both in the case of Allah
Azza wa Jalla's rights and human rights cases. A valid opinion according to the Imam Syafi'I school
of law is that the Judge may decide cases based on his knowledge of these matters, except in the
case of hudud.
According to Imam Hanafi, judges are not obliged to buy and sell themselves. However, while
Imam Maliki, Imam Syafi'i and Imam Hambali said that the Judge was not permitted or disliked
to make purchases himself, but he should represent those purchases to others. Regarding language,
if the judge does not understand the language of the person in dispute, he may appoint a translator.
Thus according to the agreement of the opinion of the school of priests. The priests of the school
differed on the number of translators, as well as on people whose justice and ugliness were
unknown. Imam Hanafi and Imam Hambali in one of their narrations said that the testimony of
someone who translated was enough. Even Imam Hanafi allows a woman as a translator.
In the opinion of Imam Shafi'i and other narrations from Imam Hambali said the interpreter's
testimony could not be accepted if there were less than two people and had to be male, not hunsa
(androgynous) or female. While Imam Maliki said: No two people cannot. He added that if his
case was about the issue of recognition of property then it could be accepted with a man and two
women. Whereas if it relates to legal matters of the body then it cannot be accepted unless it
consists of two men.
The issue of resignation Judge Imam Al-Mawardi said that laying down due to aging may be
the law. Whereas if it were not for some old age then it should not be. Therefore, the judge must
not resign his position before notifying the priest and requesting dismissal from his position,
because the judge according to him is assigned to an obligation that he should not waste. The Imam
is obliged to dismiss if someone else replaces him. That is, he is seen as stopping legally after
asking to stop and after being allowed by the priest. If it has not been permitted, then it has not
been considered to be stopped and is invalid if one of them. Imam Mawardi explained that a judge
who said, "I resign" was not considered dismissal or legal resignation, because the dismissal must
be from the person who appointed him. Whereas the judge does not appoint himself so he must
not fire himself. With his words, he was not automatically fired.

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m Shafi'i say that If a judge commits wickedness, then repents and is good, then there are two
opinions. The most valid opinion is that you cannot return without a new appointment. It is very
different from a judge who experiences crazy and epilepsy. If so, when he recovers from his
insanity or epilepsy, he returns to being a judge without a new appointment. Imam Al-Harawi in
his book al-Ashraf said that if a judge commits wickedness, then resigns, then repents, then he
returns to being a judge. Such is the passage in the Imam Shafi'i School. Whereas Al-Qadhi said
that if a judge commits wickedness then he is fired. But if he repents and regrets his actions then
he is not fired.
The priests of the school differed in opinion about hearing the testimony of people whose inner
justice was unknown. In this case Imam Hanafi said that the Judge must ask for justice in the heart
if his case was in the form of hudud and qiyas. Meanwhile, if other cases are not necessary, unless
there is a record of the opposing party. If this is the case, then the judge will examine it. The judge
can hear the testimony and is sufficient with his outward justice. Whereas Imam Shafi'i, Imam
Maliki and Imam Hambali in one history said that the Judge must not decide based on the witness's
outward justice so that he knew his inner justice, whether the witness was noted by the opponent
or not, both in the case of had and not. In another opinion, Imam Hambali said that the Judge may
accept outwardly that the witness is a Muslim and does not need to examine his inner justice. This
is the opinion chosen by the scholars of the Hambali School.
In the opinion of Imam Hanafi the Judge may not decide on a case if the person is not present,
unless his position is occupied by someone else, such as a guardian or the person who received his
will in this case could be his lawyer. Whereas Imam Maliki, Imam Syafi'i and Imam Hambali said
that it was absolutely permissible.
If a judge decides a case that is detrimental to a person who is absent, a child, or a lunatic
person, Imam Shafi'i has two opinions, and his most valid opinion is Must be sworn. While Imam
Hambali said that there was no need to be sworn. The Imam of the School agreed that a judge's
letter to another judge in the hudud, qiyas, marriage, talak, khulu maslahah was not acceptable.
This is different from Imam Maliki, who accepted all these problems. Four of the school's priests
agreed that the letter of the judge to other judges in matters of property rights could be received.
But they differed on the nature of the judges who received the letter. Imam Hanafi, Imam Syafi'i
and Imam Hambali said that the judge's letter could not be received until witnessed by two people
who stated that the judge's letter had been read to them or read to him. Maliki has two histories in
this matter. First, as is the opinion of the three priests above. Second, the two witnesses simply
said, "This is the fulan judge's letter that we have witnessed." Like this the opinion of Abu Yusuf.
On this issue, the scholars of the Hanafi school of thought differed. Imam Athahawi said that the
Had was acceptable. While Imam Al-Bayhaqi said that what Imam Ath-Thahawi said was the
opinion of Abu Yusuf, while the opinion of Imam Hanafi was not acceptable. This is the strong
gasket in my view. Imam Shafi'i and Imam Hambali said: Unacceptable and needed a re-
examination by another true judge. Such letters can be accepted if one country is another country
far apart.
If two people submit the settlement of the case to an expert on ijtihad. Both of them said, "We
accept your decision, then decide the law that occurs between us", whether the person's decision
is binding on both. Imam Maliki and Imam Hambali say that Binding both, and no other decision
is needed to satisfy them. The state judge must not cancel it, even though his opinion differs from
that decision. In this case Imam Hanafi said that his decision was binding on the two of them if it
was in accordance with the opinion of the state judge, and the state judge had to justify the decision
and carry it out if it was reported to him. Whereas if it is not in accordance with the decision of a

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state judge then he has the right to cancel it, even if in the case it is decided there is a dispute of
opinion among the mujtahid priests. Imam Shafi'i has two opinions on this issue. First, it must be
accepted. Second, it does not have to be accepted, unless both are willing, in fact it is nothing but
a fatwa. The difference of opinion in the matter of this tahkim must be returned to the decision in
the treasure. Meanwhile, in matters of li'an, qiyas, marriage and hudud, not permitted to judge.
According to the agreement. If a judge forgets about a decision that has been set, and then
witnesses by two witnesses that the conviction has decided this way, then the testimony of the two
people can be accepted and can be decided based on their testimony. Thus in the opinion of Imam
Maliki and Imam Hambali. Whereas Imam Hanafi and Imam Shafi'i said that the testimonies of
the two witnesses could not be accepted, and should not hold on to the witness's words in that he
remembered well that he had decided so.
In the opinion of Imam Hanafi and Imam Hambali If the judge, when taking office, said, "I
have decided against this person with something" then the judge's decision can be accepted and
the decision must be carried out. While Imam Maliki said that the judge's ruling could not be
accepted until witnessed by only two people who were just. In this case Imam Shafi'i has two
opinions on this issue. First, as the opinion of Imam Hanafi. Second, as Imam Maliki argues. In
the opinion of Imam Hanafi, Imam Maliki and Imam Syafi'I, if the judge after quitting his position
said, "When I assumed the post of judge, I have decided this way" then that confession cannot be
accepted. Meanwhile, according to Imam Hambali, his words can be accepted.
According to Imam Maliki, Imam Shafi'i and Imam Hambali. The judge's decision did not
change the case, while the only law was in force. Therefore, if someone sues the decision based
on the two witnesses, and both testify correctly and honestly, the lawful right is for the plaintiff,
both physically and mentally. If the two witnesses testify with false statements, then the right of
birth is the property of the plaintiff, but in essence remains the property of the person defeated,
both in matters of marriage and property. While Imam Hanafi argues that the judge's decision
regarding the contract or cancellation of the contract, can change the nature of the case and can be
enforced, both according to lahiriyahnya and bathiniyahnya. The priests of the school agreed that
if a judge made a pilgrimage to decide a problem, then it turned out that the ijtihad was wrong,
then the decision would not be invalidated. Likewise, if confronted with the verdict of other judges
that is contrary to the results of his ijtihad, he must not cancel the decision on the results of his
ijtihad.

Conclusion
Judicial Power is one of the very important State Institutions. This Judicial Power is elaborated
using the Law of the Republic of Indonesia Number 48 of 2009 concerning Judicial Power. Based
on Global Religius data, Indonesia's Muslim population in 2010 reached 209.12 million people or
around 87% of the total population. Islam itself in carrying out Shari'a has a lot of schools of Fiqh.
In one problem sometimes there can be many differences between the Muslim Scholars. The size
of the Indonesian population does not rule out the possibility that if the opinion of the School
which is used as a large population is difficult to apply, then it can use the opinion of other schools
with the provisions in the Mu'tabarah Books, for example, may not be talfiq and so forth. We must
ensure that the power that is expected to bring justice really can work as much as possible. So the
knowledge of the Trans-sectarian Power is very important to be studied by legal experts and
scientists in Indonesia and the world in general.

References

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Ad-Dimasqi, Abdurrohman. 2010. Rohmatul Ummah Fi Al-Ikhtiulatul A’immah.Bandung :

Hasyimi Press.
Ahmad Muhamad Mustain Nasoha. Analisis Wewenang Polri Dalam Rangka Penanggulangan
Tindak Pidana Terorisme Di Indonesia Ditinjau Dari Segi Hak Asasi Manusia.2014.
Fakultas Hukum Universitas Sebelas Maret.
Al-Ahkam, Jurnal Pemikiran dan Pembaharuan Hukum Islam, Volume. XX/EdisiII/Oktober
2009.
Alim, Muhammad. 2010. Asas-asas negara Hukum Modern dalam Islam. Yogyakarta : LkiS
Yogyakarta.
Al-Maktabah Syumila NU Fiiha.Www.ldnu,or.id.. Jakarta : LTN NU.
Anwar Rachman. 2016. Hukum Perselisihan Partai Politik. Jakarta :PT. Gramedia Pustaka Utama.
Apeldroon, Prof. Dr. Mr. L.J Van. Pengantar Ilmu Hukum. 2009. Jakarta : PT. Pradnya Paramita.
Asshiddiqie, Jimly. 2005. Demokrasi Dan Hak Asasi Manusia Indonesia. Jakarta: Materi yang
disampaikan dalam studium general pada acara The 1st National Converence Corporate
Forum for Community Development, Jakarta, 19 Desember 2005.
Asshiddiqie, Jimly. 2005. Konstitusi & Konstitusionalisme Indonesia. Edisi Revisi. Jakarta:
Konstitusi Press.
Dachran Busthami. 2017. Kekuasaan Kehakiman Dalam Perspektif Negara Hukum di Indonesia.
Makasar : Fakultas Hukum, Universitas Muslim Indonesia, dalam Jurnal Masalah -
Masalah Hukum, Jilid 46 No. 4, Oktober 2017.
Dr. H. Muhamad Rakhmat., SH., MH. 2014. Konstitusi & Kelembagaan Negara. Bandung :
LoGoz Publishing Office Residence.
Endrawati, Netty. 2014. Petunjuk Penulisan Usulan Penelitian dan Tesis.Kediri : UNISKA Kediri.
Huda, Ni’matul. 2005. Hukum Tata Negara Indonesia. Depok : PT. Rajagrafindo Persada.
Jimly Asshiddiqie. 2005. Konstitusi & Konstitusionalisme Indonesia, Edisi Revisi. Jakarta:
Konstitusi Press.
Jimly Asshidiqie. Gagasan Dasar Tentang Konstitusi Dan Mahkamah Konstitusi. Jakarta :
Mahkamah Konstitusi.
Jimly, Asshidiqie. 2009. Pengantar Ilmu Hukum Tata Negara. Depok : PT. Rajagrafindo Persada.
Kansi dan Christien S.T. Kansil. 2009. Hukum Tata Negara Indonesia. Jakarta : PT Sinar Grafika.
Kukuh Fadli Prasetyo. 2012. Politik Hukumdi Bidang Ekonomi dan Pelembagaan Konsepsi
Welfare State di dalam Undang-Undang Dasar 1945 dalam Jurnal Konstitusi, Volume 9,
Nomor 3, September 2012 .
LBM PBNU. 2010. Solusi Problematika Aktual Hukum Islam. LTN NU, Surabaya.
Mahfud MD, Moh. 2010. Perdebatan Hukum Tata Negara Pasca Amandemen Konstitusi. Jakarta
: PT. Rajagrafindo Persada.
Muhammad bin Abdurrahman Ad-Dimsyiq. 2018. Rahmatul Ummah Fi Ijhtilatil Aimmah.
Haramain.
Mujibah, Khikmatul. 2008. Studi Analisis Pemikiran Madzhab Syafi’i tentang
Kleptomania.Jogjakarta : UIN Suka.
Munawwir, Achmad Warson. 1997. Kamus Al-MunawwirArab-Indonesia Terlengkap. Surabaya :
Pustaka Progressif.
Nafiul Lubab dan Novita Pancaningrum. Mazhab: Keterkungkungan Intelektual Atau Kerangka
Metodologis (Dinamika Hukum Islam) STAIN Kudus Jurnal YUDISIA, Vol. 6, No. 2,
Desember 2015.

78
 International Journal of Law and Legal Ethics, Vol 1, Issue 1 (April, 2020)

Pan Mohamad Faiz, 2008,Penafsiran Konsep Penguasaan Negara Berdasarkan Pasal 33

UndangUndang Dasar Negara Republik Indonesia Tahun 1945 Dan Putusan Mahkamah
Konstitusi Dalam. (Http://Www.Jurnalhukum.Blogspot.Com), 14 Juni 2020, 20.00
Pm. Dr Hussin Bin Salamon, Dkk. 2008. Kajian Kesan Perbezaan Aliran Mazhab Ke Atas
Kesatuan Masyarakat IslamKajian Kes : Pelajar Dan Staf Utm No. Vot Penyelidikan:
71867. Pusat Pengurusan Penyelidikan. Universiti Teknologi Malaysia.
Sukardja, Ahmad. 2012. Hukum Tata Negara dan Hukum Administrasi Negara dalam Perspektif
Fikih Siyasah. Jakarta : PT. Sinar Grafika.
Sunarto. 2015. Pengantar Hukum Tata Negara. Yogyakarta. PT. Magnum Pustaka Utama.
Sya’rani, Abdul Wahhab. 1971. Mizanul Kubro. Beirut : Darul Kutub Ilmiyah.
Syarifuddin, Amir. 2008. Ushul Fiqih Jilid 1. Jakarta : Kencana Prenada Media Group.
The Future Of World Religions dalam http://www.globalreligiousfutures.org/ diakses pada
Minggu, 14 Juni 2020, pukul 20.00.
Triwulan Tutik, Titik. 2010. Kontruksi Hukum Tata Negara Indonesia Pasca Amandemen UUD
1945. Jakarta : PT. Kencana Prenada Media Goup.
Wahyudi, Alwi. 2012. Hukum Tata Negara Indonesia ( dalam Perspektif Pancasila Pasca
Reformasi ). Yogyakarta : PT. Pustaka Pelajar.
Zaenal Fanani, Ahmad, Teori Keadilan dari perspektif Filsafat Hukum dan Islam(Hakim PA
Martapura; mahasiswa program doktor (S3) ilmu hukum UII Yogyakarta).

79