A'yuni, Nailil Qurrotil (2011) CONSTITUTIONAL COURT OF INDONESIA IN ISLAMIC COURT. S1 Undergraduate thesis, Universitas Darussalam Gontor.

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Abstract

In the doctrine of Trias Politica, both interpreted as the separation of powers as well as separation of powers, specifically for the for the distribution of judicial power, which retained the principle is that in each State law the judiciary must be free from interference by the executive.. If the legislative power culminated in the People's Consultative Assembly, which consist of members of the People's Council and People's Council at the provincial, then the judicial branch of power culminating in the power of judiciary and also can be understood consists of the Supreme Court and Constitutional Court. If a rule is considered contrary to the rules higher then to ensure its validity can be done by through testing by the judiciary. In Indonesia this task is performed by the Constitutional Court. Because Indonesia is a State law, while the law is a political product, then there must be a mechanism for testing the contents and preparation procedures must be legally correct and not just be a justification tool for the will of the holder of political power. The purpose of this study are to know The Concept of Constitutional Court of Indonesia in Islamic Political System. To know about Judiciary power in Indonesia, its position, authorities, duties, function, and also vision and mission according to Islamic Judiciary system. This study is a review of literature with normative approach. The data obtained through various books, magazine, website, etc., and supported by original source of the Qur'an- and Hadith. The method used is an inductive method to describe the general concept of the Constitutional Court of Indonesia in Islamic Political system, followed by a deductive method to draw conclusion. To be more in-depth analysis, in order to find the right concept on the Constitutional Court of Indonesia, and the concept of the Constitutional Court of Indonesia in Islamic Political System. Constitutional Court itself is an institution of judicial power that specialized constitutional courts or political justice. This institution authorized to examine the Act against the Constitution, rule on the dispute the election results, and decide upon the dissolution of political parties. The judicial power in the Islamic political sistem is divided into regulatory supervision of the market (Nidhom hisba), Qadla', Syurthoh, Ifta, and the laws surrounding criminal acts (Wilayatul-Madzolim). The function of the judge here is to decide or resolve disputes relating to religion, while the task of "Wilayatul-Madzolim" is to decide or resolve a dispute on the judges, officers hisba (muhtasib. And of judicial power over the closest or equal to the Concept Constitutional Court of Indonesia is "Wilayatul-Madzolim", viewed from the position, function, authority, vision and mission. It is important to note that there are many lacks and faults in this study, therefore the writer hopes the critiques and corrections from whole readers and also there will be the further study to manage a deeper and more comprehensive research on this subject

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