CD Tesis

Analisis Yuridis Terhadap Bab Al-Qawa’id Kerajaan Siak Sri Indrapura Sebagai Konstitusi Serta Kedudukannya Dalam Sistem Hukum Tata Negara Indonesia

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Until now, there has been no research that specifically examines the Bab Al-Qawa'id as a legal product that can be categorized as a constitution. However, Bab Al-Qawa'id in its development is often referred to as a constitution in various articles, journals, media and so on. The question is whether the Bab Al-Qawa'id Kingdom of Siak Sri Indrapura can be categorized as a constitution? In fact, the Kingdom of Siak Sri Indrapura has been established since 1723 under the order of Sultan Abdul Jalil Rahmat Syah (Raja Kecik) as the first Sultan. Meanwhile, Bab Al-Qawa'id was formed and printed in 1901 under the leadership of Sultan Syarif Hasyim, the 11th Sultan of the Siak Sri Indrapura Kingdom. Therefore, further research to trace Bab Al-Qawa'id as a constitution needs to be reviewed through various approaches to constitutional law theories and historical sources. Besides, after the Siak Sri Indrapura Kingdom merged into part of the Unitary State of the Republic of Indonesia, the prevailing position of Bab Al-Qawa'id as a legal product of the Siak Sri Indrapura Kingdom in the Indonesian constitutional legal system is still not clear. In this regard, it is necessary to investigate further through historical and legal approaches. This thesis research used normative legal research methods or literature legal research related to research on the history of law. The method used in data collection was the method of document study/library materials. This includes the collection of legal materials consisting of primary, secondary and tertiary legal materials with due regard to their validity and reliability. The collected data were analyzed qualitatively and then deductive conclusions were drawn.
Based on the research results, it was concluded that the Bab Al-Qawa'id Kingdom of Siak Sri Indrapura could be categorized as a Constitution only in the paradigm of classical constitutionalism doctrine, but it could not be categorized as a constitution in the doctrine of modern constitutionalism. The legal position of the Bab Al-Qawa'id Kingdom of Siak Sri Indrapura in the constitutional legal system in Indonesia is only one of the sources of formal constitutional law in constitutional customary law. This is because Bab Al-Qawa'id belongs to the constitutional customary law of the Siak Sri Indrapura Kingdom.
Keywords: Bab Al-Qawa'id, Constitution, and Constitutional Customary Law.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

10 14. 221 (0001)

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Tesis Ilmu Hukum., 2021

Deskripsi Fisik

xi, 191 hlm.: ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

10 14. 221 (0001)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

ILMU HUKUM

Info Detail Spesifik

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Pernyataan Tanggungjawab

FATAH

Versi lain/terkait

Lampiran Berkas

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