Challenges and Opportunities of Reforming Legislation of Indonesian Military Courts With an Interpretive Approach to Ibn Qayyim's Thoughts on Legal Reform

Abstract

This thesis delves into the legal ideas of Ibn Qayyim, a prominent Islamic jurist, and their potential application in the reform of Indonesian Military Courts. The research examines the obstacles and possibilities associated with such a reform, providing a thorough analysis of the current state of the military justice system in Indonesia. Ibn Qayyim's legal philosophy, which places great importance on justice, fairness, and the well-being of society, offers a valuable framework for reform. His ideas, deeply rooted in Islamic jurisprudence, advocate for a legal system that is not only fair but also adaptable to the evolving needs of society. Similar to military justice systems around the world, the Indonesian Military Courts face numerous challenges. These challenges encompass issues related to transparency, accountability, and the safeguarding of human rights. However, these challenges also present opportunities for significant reform. By drawing on Ibn Qayyim's legal thoughts, this thesis puts forward a series of reforms aimed at enhancing the fairness, transparency, and effectiveness of the Indonesian Military Courts. These reforms take into consideration the unique context of the Indonesian military and legal system, while being guided by Ibn Qayyim's enduring principles of justice and societal well-being. In conclusion, this study emphasizes the relevance of Ibn Qayyim's legal ideas in contemporary legal discourse and reform. It highlights the potential of these ideas in addressing the challenges faced by the Indonesian Military Courts and in capitalizing on the opportunities for reform.