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Problematika Pembentukan Regulasi Indonesia ...
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. V Issue 1, (2022)
Kantor Editor: Lantai 2 Fakultas Syariah Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri
Purwokerto, Indonesia
Jl. A. Yani No. 40A Purwokerto Jawa Tengah 531226 Indonesia
Telp.: +62281-635624 Fax. +62281- 636653
E-Mail: Volksgeist@uinsaizu.ac.id
Website : http://ejournal.uinsaizu.ac.id/index.php/ Volksgeist
ISSN Print 2615-5648
ISSN Online 2615-174X
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Realizing Welfare State and Social Justice: A Perspective on Islamic Law
Article Abstract
Author
Agus Riwanto
1*
,
Sukarni Suryaningsih
2
,
1
Fakultas Hukum, Universitas
Sebelas Maret Surakarta
2
Fakultas Ilmu Budaya, Universi-
tas Diponegoro Semarang.
Coresponding Author:
*
Agus Riwanto, Email:
agusriwanto@staf.uns.ac.id
Data:
Received: Mei 16, 2022;
Accepted: Jun 22, 2022;
Published: Jun 30, 2022
DOI:
DOI 10.24090/VOLKSGEIST.
V5I1.6430
The function of the state in exercising power is to ensure social justice for
its people. To make it happen, eforts are needed to explore the concept of
statehood. In its development there are two concepts of statehood, namely
the welfare state and liberal states or capitalism state. Both are diferent
and tend to be contradictory. This article aims to study and explore
about Maqashid As-shari’ah (the principles or purposes of Islamic law)
in order to bridge the confict between the two concepts of statehood.
The method used is socio-legal research, which is legal research using
interdisciplinary. Data is obtained from the library or library recearch. The
results showed that the concept of the welfare state demands the role of
the state in distributing socio-economic justice, while the concept of a
liberal state marginalizes the role of the state in the distribution of socio-
economic justice and submits to market mechanisms. In state practice the
concept of a liberal state defeats the concept of a welfare state. As a result
the function of the state shifted towards the market and turned its face into
an inhuman capitalist economy. Islam can be used as a solution and bridge
the confict between the two concepts of statehood. By placing the politics
of Islamic law based on the Maqasid asy-Shari’ah as the solution, namely
putting the principles of shari’ah economy in the form of banning usury,
prioritizing justice, togetherness and prudence which in practice can be
a Shari’ah business, as refected in Law Number 21 of 2008 concerning
the Development of Shari’ah and the principle of good governance
according to Shari’ah in the form of shiddiq (honest), istiqamah (frm in
the establishment), fathanah (intelligence: ratio, taste and divinity), trust
(accountability).
Keywords: Social justice; welfare state; islamic law.
©2022; This is an Open Acces Research distributed under the term of the Creative Commons Attribution Licencee (https://
Creativecommons.org/licences/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided
the original works is properly cited.
INTRODUCTION
Indonesia as the world's frst largest Muslim country is a unique country, because although it is
majority Muslim, it is not a literary Islamic nation. Islam is able to grow and adapt to the dynamics
of a plural local political culture. Indonesia is not a country of certain religion, but it accepts the
existence of religion as a supporter of the national and state system. Therefore, Indonesia is known
as a religious nation. History records that since Indonesia was still the forerunner of the nation-