The Formulation of Good Governance Fiqh for Indonesia as a Welfare State

Abstract

This study departs from the fact that fiqh, which is the religious guideline for Muslims, does not yet contain specific formulations of good governance that are relevant and increasingly needed in today's state life, especially for Indonesian moslem. This study is intended to identify the principles of good governance and formulate them by looking at their relevance to Indonesia in the context of the welfare state. For that purpose, this study uses the documentation method by collecting and interpreting qualitative data from fiqh books, the 1945 Constitution, and relevant laws and regulations in Indonesia. This study shows that in fiqh books that contain discussions or allude to citizenship and state administration, there are principles of deliberation, justice, welfare, and mutual benefit. These principles can be formulated as good governance fiqh that is relevant to Indonesia which contains the principles of legal certainty, legal urgency, and legal universality. Legal certainty includes accountability and justice. The legal urgency includes aspects of transparency and professionalism. While the universality aspect of law is in the form of guaranteeing general welfare and mutual benefit.

Ensuring Administrative Legality and Justice Through Judicial Review In Indonesia

“…These bodies, ranging from ministries to local government agencies, play a fundamental role in the implementation of government functions and the delivery of public services. According to the State Administration Institute of the Republic of Indonesia, governance is defined as the process by which state power is used to provide important public goods and services (Solikhudin & Zainullah, 2022). This definition underscores the complexity of the mechanisms involved in ensuring effective governance, and highlights the importance of state administrative bodies in facilitating the delivery of government services to their citizens.…”