A Philosophy Foundation The Implementation of Shame Principle (Principle of Al- Haya’) As The New Paradigm of Review for Indonesian President Impeachment

Abstract

This research found the implementation of  feeling  shame  (the prinsiple of al-haya’) as a new paradigm of the review for the impeachment of Indonesian president with a legal problem for the philosophical foundation of feeling shame as a review for  the impeachment of president at his profession. The purpose of this research to find the role of model and role of the ethic for the impeachment of  president in Indonesia and in the world generally. This research used normative legal research method, namely: a legal research that is done by the purpose of finding the principle and philosophycal base (dogma or doctrine) of positive law, and the research to find the  legal discovery in concreto that is good to be implemented to solve a legal case. The result of this research phylosophycally  feeling  shame is a universal principle that contains of normative ethical values (morals) which can be used as good, clean, and authorative governance principle, so that it can be used as a review for impeachment of the president with his philosophical bases:  (1) The principle of Islam, Al-haya’, the character of shame  is being a noble character in Islam. (2) Feeling shame is the source of all kindness.(3) The essence of shame is being oneself. (4) The values of shame of Indonesian  people are; the Siri’ value of Bugis- Makassar society, the shame value at Carok of Madurese people, the shame value in Japanese society. The shame principle (principle of al-haya’) in this study can be presented as a review of  President impeachment with indicators: (1) The creation of  President behaviour or attitude that determine the  goodness  for all Indonesian people. (2) The formation of attitude or  behaviour of the President based on the faith and obidient,in order to shift abuse of authority in acting, because there is no deed without authority,  there is no authority without supervision and responsibility. (3) All actions or the Presdient’s attitude is always being based on legislation and principle,and also based on the religious of the islamic science. The principle of al-haya implementation as a review for the impeachment of the president in Indonesia is a new paradigm in the repertoire of Indonesia Constitutional Law.