PERAN HAKIM SEBAGAI WAKIL NEGARA DALAM MENEGAKKAN HUKUM PIDANA PERSPEKTIF FIQH SIYASAH

Abstract

Abstract: The role of judges in the criminal justice system is not only as a law enforcer, but also as a representative of the state in realizing substantive justice. However, studies that integrate a positive perspective of criminal law with fiqh siyāsah in understanding the role of judges are still relatively limited. This study aims to normatively analyze the concept of the role of judges as representatives of the state in the enforcement of criminal law based on the principles  of fiqh siyāsah and assess its relevance in contemporary criminal justice practice. The research method used is a juridical normative approach with data collection techniques through library research, by examining various literature sources in the form of books, scientific journals, encyclopedias, and relevant academic writings. The results of the study show that from the perspective  of fiqh siyāsah, judges have a strategic role as representatives of the state who are responsible for upholding justice, protecting the rights of the people, and safeguarding the public welfare. Judges are required to adhere to the main principles  of fiqh siyāsah, such as justice ('adālah), welfare (maṣlaḥah), prevention of harm (daf' al-mafāsid), reform and peace (iṣlāḥ), deliberation (syūrā), legal flexibility (takyīf al-aḥkām), and moral responsibility (mas'uliyyah). The integration of these principles with the national criminal law system in Indonesia is reflected in various judicial policies and practices that prioritize substantive justice and the protection of human rights. Thus, fiqh siyāsah provides a normative and ethical foundation for judges in carrying out judicial functions in order to realize a just, safe, and prosperous social order.

Keywords: Judge, Criminal Law, Fiqh Siyāsah.