Manifesto HIZBUT Tahrir Indonesia: Islamic system

CHAPTER III
System ISLAM: Grace for All People

Only Islam can Provide Justice for All people Manusia

Peace and tranquility of living in the community may not be realized without justice. The problem, as what justice? During this time, the justice who set the standard is not clear. Justice according to a certain point of view will be different from the understanding of justice according to the perspectives of others. For example, people who insult the Prophet Muhammad, according to the provisions of Islamic sharia must be executed, is this fair? Or is it, people like this should be protected with the reason freedom of expression?

In the secular system, and the standard of justice is determined according to the human intellect through the members of parliament. They set the legal provisions concerning what is a crime and what the sanctions for the perpetrators. According to the Book of Law Criminal Law (Criminal Code) Indonesia, for example, calls for jihad against the U.S. occupation in Iraq and Afghanistan, theoretically could be considered criminal "show of hostility to the state", despite the fact that appeal jihad is a religious obligation. Secular judicial system also gives the president the right prerogratif to remission (pardon, amnesty, and abolisi) to a villain.

While in Daulah Khilafah, Islamic sharia to be the standard used to determine what is a crime as well as set rules sanksinya. With the foothold that this is typical, the judges (qadhi) decision to give a fair law to all members of society. In Daulah Khilafah does not have a separation between the civil justice with the sharia, because all decisions are given legal basis by using the Islamic sharia. So, obviously, can not be realized in the middle of the community justice to all the laws relating to the judiciary, the definition of crime, legal verification, the type of sanctions, and the rights of others, all based on Islamic sharia. And only the Khilafah can guarantee that all laws and regulations related to the justice system is taken from al-Quran and as-Sunnah. This is the only way justice can be in the middle of the community realized.

***

Providing the system of Islam Decision No kink

Ordinary citizens in Indonesia often feel frustrated when trying to get justice, due process of law ruwetnya applicable here. Although vonis is set, the parties can still appeal to the High court of law so that the decision should be delayed. When the high court is making a decision, the parties can still submit a cassation again. But the law again delayed decision. As a result, the judicial system in the Netherlands this colonialist legacy of thousands of cases pending and mengantri in the High Court and Supreme Court, while new cases continue to grow every day. Reality of this kind will only encourage the perpetrators of crime, understand the tricks system, elongate overextend decision law. For, although vonis already be, they can still appeal and cassation, so that legal decisions can be delayed. Reasonable in cases when land disputes, for example, can take more than 20 years for the decision in the cassation level MA. Itupun there's more legal effort called PK or review. So when will justice come?

Daulah Khilafah will end the system of kink and this long-winded. In the Islamic system, decisions made by law or qadhi judges decision is final. No more court appeal. So, no one party can change the decision qadhi it. Unless vonis is contrary to Islamic sharia that (qath'iy), in which there is no deviation in it, or when a judge ignores the fact that, without a clear reason. When irregularities occur, such irregularities, the case can be brought to the Court Madzalim. With the way this is, the public can get justice in a short time, and does not burden the court with a case that the queue is very long. The perpetrator was not free from fear, because the court determined that vonis akan immediately executed.

***

Can not someone punished Without Evidence

Secular system opened the door kedzaliman. In the judicial system inherited this Dutch colony, has occurred since kedzaliman time a case was reported to the police. Many people with full venom of the false accusations to the other party in order to make lawannya dijebloskan to prison. Currently, there are thousands of people in Indonesia not guilty of didzalimi, arrested, and dijebloskan to prison solely because of the suspicion.

In the Islamic system, one should still not considered to be innocent until proved guilty, so there is no reason to include them to prison. Next, a task for the prosecutor to prove the suspected error. If this fails, the case will be canceled immediately, except if the judge based on the evidence have the suspicion that the suspect will flee. Without the evidence, the judge can not hold suspects longer. The suspect must be released immediately. Thus, Daulah Khilafah akan kedzaliman liberate people from the secular judicial system that applies at this time.

***

Authorities can be asked questions to the Home Court

In the secular justice system that applies in Indonesia at this time, the president, governors, and ministers can not be confusion over their policies, for policies that are considered based on the laws that exist. Therefore, people can not face them to the court even though has been positively make a mistaken policy, such as the publication of "Release and Discharge" by the president for a number of recipients of Bank Indonesia Liquidity Assistance (BLBI) who only pay back the debt so that the disadvantage of hundreds of trillion rupiah. Policy is considered to be correct because according to regulations, the President based on certain criteria that have been made earlier, may publish the R and D. Thus, the President can not be prosecuted in front of the judge, unless there are indications of corruption or bribe in the decision. This is also not easy because usually bribe or corruption such as was done in a very neat and transactions conducted in foreign countries. That can be done by people just submit to the Supreme Judicial Review of the Constitution so that law or a regulation that is not considered good as the Law on Electricity, revoked by Constitutional Court.

In the system of Islam, there is no one that can not be asked to face the court. All can be, even though he was a Caliph or a high state officials. Qadhi Madzalim Court of Madzalim akan menyidang cases involving confusion over the policy regime that they take. Qadhi also entitled to punitive Madzalim and dismiss the ruler.