Menegakkan Keadilan Sosial melalui Kebijakan Publik: Perspektif Mahfud MD tentang Afirmatif Policy dan Hukum Progresif dalam Konstitusi Indonesia

Abstract

This study examines the concept of social justice in the Indonesian constitution based on Mahfud MD's perspective, delivered in a lecture at the Bandung Institute of Technology (ITB) Mosque on March 14, 2025. Using descriptive qualitative methods and note-taking techniques, this study analyzes how Islamic values ​​contributed to the formation of the Indonesian constitution, as well as how the concepts of affirmative policy and progressive law serve as instruments for realizing social justice. The results show that the Indonesian constitution integrates principles of justice from Islamic tradition into the national legal system, particularly through the concept of social justice, which differs from individual justice. This study finds that affirmative action implemented in various Indonesian public policies has a historical foundation in the political ijtihad of Caliph Umar bin Khattab, demonstrating the flexibility of Islamic law in responding to social realities. This study provides a theoretical contribution to understanding the relationship between Islamic values, constitutionalism, and public policy in Indonesia, as well as its practical implications for developing a legal system that is more responsive to the needs of substantive justice.