Kedudukan dan Peranan Fatwa Majelis Ulama Indonesia Dalam Pembentukan Hukum Nasional

Zuhdi, Aprizon (2020) Kedudukan dan Peranan Fatwa Majelis Ulama Indonesia Dalam Pembentukan Hukum Nasional. Other thesis, Universitas Islam Riau.

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Abstract

The formation of statutory regulations is contained in Law Number 15 of 2019 concerning amendments to Law Number 12 of 2011 about ordering of legislation. Article 1 section 3 which states that the Law is a regulation formed by Indonesian legislative assembly (DPR) with the approvement from President. Based on the previous explanation , the researcher is interested to conduct a research with the title “ Kedudukan dan Peranan Fatwa Majelis Ulama Indonesia Dalam pembentukan Hukum Nasional “ in the provisions contained in the information of statutory regulations as the national law, the fatwa of the Indonesian Ulama Council (MUI) has a very strong influence in the formation of laws, especially those related to Muslims where Indonesian Muslim is dominant. The main problem in this research is How the position and the role of the Indonesian Ulama Council (MUI) as a source of law in the formation of national law and what are the implications of the fatwa of the Indonesian Ulema Council (MUI) on the formation of national law. Furthermore, the researcher are further interested in the position, the role and implications of the Fatwa of the Indonesian Ulema Council in the Formation of National Law. The type and nature of this research is normative that is collecting several literatures to be used as the material for research studies and based on its nature this research is descriptive analytical in which the researcher provides a clear and detailed description of what is being studied. The population of this study is an element in the formation of laws and regulations related to Indonesian Legislative assembly and approved by the President. From the results of the research the researcher can confirms that the Fatwa of the Indonesian Ulema Council has the an influence in the formation of laws and regulations, the Fatwa of the Indonesian Ulema Council has been used as a source of law in the enactment of the Banking Law which answers that duping is committed by police officers that the Fatwa of the Indonesian Ulema Council cannot be used as a source of law in statutory regulations. There are several stages in the formation of statutory regulations, namely design, preparation, discussion and approval. If there is no approval from president and the president does not sign approval of the Shrimp Bill that has been discussed together, then within 30 days after being discussed the draft bill can be enforced. From all these processes, the members of the council and the president have the most authority in determining the direction of Indonesia in the future. The formation of laws that have implications at large community must provide benefits and welfare for the people.

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