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Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Muhammad Irfan Al Ghiffari; Fanny Fatekhah Saputri; Nurul Khasanah

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rights and obligations of citizens in Islam are fundamental aspects that emphasize the balance between individual responsibilities and the protection provided by the state. This study analyzes the concept of citizens' rights and obligations in Islam based on the Charter of Medina and modern constitutions. The Charter of Medina, a historical document drafted by Prophet Muhammad (PBUH), provides an early depiction of citizenship principles in Islam, such as equal rights, religious freedom, and the duty to maintain national security. Meanwhile, modern constitutions, although based on secular or nationalist principles, still adopt some universal values aligned with Islamic teachings, such as social justice, human rights, and political participation. This study employs a qualitative method with a historical and normative analytical approach to compare how these two documents define citizens' rights and obligations. The findings reveal that the Charter of Medina established the foundation for an inclusive concept of citizenship that emphasizes cooperation among various societal groups. On the other hand, modern constitutions expand individual rights through more detailed legal instruments. However, challenges arise when there is an imbalance in the implementation of rights and obligations, particularly in Muslim-majority countries that apply Islamic law partially or selectively. This study employs a qualitative method with a historical and normative analytical approach to compare how these two documents define citizens' rights and obligations. The findings reveal that the Charter of Medina established the foundation for an inclusive concept of citizenship that emphasizes cooperation among various societal groups. On the other hand, modern constitutions expand individual rights through more detailed legal instruments. However, challenges arise when there is an imbalance in the implementation of rights and obligations, particularly in Muslim-majority countries that apply Islamic law partially or selectively. In conclusion, there is continuity between the principles found in the Charter of Medina and modern constitutions in guaranteeing citizens' rights and obligations. However, effective implementation requires a balance between Islamic values and democratic principles to ensure that citizens' rights are protected without neglecting their obligations to the state and society. 

Ari Maulana Yudha Pratama; Isharyanto Isharyanto; Achmad Achmad

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

This study aims to analyze the state's authority in organizing electronic systems related to freedom of expression in the digital world. The development of technology that gives rise to a dilemma between the needs or activities of society and regulations to protect public interests and individual human rights, especially freedom of expression, makes it necessary to have regulations that accommodate both of these things. Through a prescriptive normative legal research method with a statutory approach, through an analysis of laws and regulations, legal literature, and international human rights instruments, this study examines the state's authority in regulating the implementation of electronic systems that are pro-freedom of expression. The results of the study indicate that the state has the authority to regulate the implementation of electronic systems to determine and enforce restrictions on a person's human rights, which in this case is shown through the ability to terminate access to content. However, the implementation of the provisions that have been in effect has the potential to violate the right to freedom of expression because of the possibility of restrictions on rights that do not meet the principles of legality, legitimate purposes, and proportionality as regulated by laws and regulations, especially the constitution and international human rights standards.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Naila Luthfiyana; Faren Darnuansyah; Septina Sari Handayani

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

One of the human rights protected by several national and international legal instruments is freedom of opinion. In a democratic country like Indonesia, it is protected under Article 28e Paragraph (2) and (3) of the 1945 Constitution and Article 19 of the Universal Declaration of Human Rights. However, in Islam, freedom of opinion is not absolute, meaning that it has a basis based on Sharia principles to uphold the common good. This study uses a qualitative literary analysis method in conjunction with a descriptive-analytical approach with relevant aspects of Islamic law and national regulations. According to the results of the study, Islam encourages behavior that is consistent with the law and does not conflict with Sharia principles, such as not requiring slander, hoaxes, or division. As stated in positive legal regulations, the state also has an obligation to maintain harmony between individual rights and public welfare. Therefore, it is necessary to align Sharia law and the right to freedom of opinion to create a democratic society that still respects religious norms.

Khetrina Maria Angnesia; Sidi Ahyar Wiraguna

Perspektif Administrasi Publik dan hukum 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The rapid development of information technology in the digital era has presented new challenges in the protection of personal data. The government as the state administrator has a constitutional obligation to protect the rights of citizens, including the right to privacy. This study aims to analyze the form of government legal accountability in ensuring the protection of people's personal data amidst the increasing threat of information leaks and protection. The research method used is normative juridical with a regulatory-legislative approach as well as case studies and also the opinions of relevant experts. The research findings show that although there are legal instruments such as Law Number 27 of 2022 concerning Personal Data Protection, the effectiveness of its implementation is still limited by a number of factors, including weak supervision. The results of the analysis show that although regulations such as the Personal Data Protection Law have been present, implementation in the field still faces various obstacles, both in terms of law enforcement, public digital literacy, and transparency of permits. The government has a responsibility not only normatively, but also factually to protect personal data through policies that favor the public interest. The government is required not only to form regulations, but also to carry out supervisory and enforcement functions effectively and accountably, and sustainably in order to protect fundamental rights. Therefore, the government's legal responsibility must be realized through consistent real actions in ensuring the security of personal data in the digital era.

Valensi Aliya Zahira

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Nasab is a fundamental concept in Islam that determines a child's relationship with the father, which then affects guardianship rights, inheritance, and family relationships. The preservation of lineage is one of the main objectives of Maqāṣid sharia because it has significant legal, social, and moral implications. Constitutional Court Decision No. 46/PUU-VIII/2010 recognizes the civil relationship between an extramarital child and his biological father if it can be proven by technology or other valid evidence. This decision is in accordance with the concept of nasab in Islam but is not recorded by the state. This study examines the concept of nasab and civil status of out-of-wedlock children in Constitutional Court Decision No. 46/PUU-VIII/2010 from the Maṣlaḥah perspective. Using a juridical-normative approach and descriptive analysis, this research is based on sources, including court decisions and legislation, as well as secondary literature discussing Maṣlaḥah. The results show that the decision is in line with the concept of Maṣlaḥah in Islam. The suitability of the Constitutional Court's decision with the concept of maslahah is based on the status of the applicant's marriage as religiously valid. Decision No. 46/PUU-VIII/2010 is not appropriate when used as jurisprudence for children born outside a legal marriage or can be called adulterous children.

Ade Tiyo Warman; Ameytia Rizka Aulia; Josua Armando Tamba; Nurul Fazira Damanik; Thessa D Triputri Manurung +1 more

Realisasi : Ilmu Pendidikan, Seni Rupa dan Desain 2025 Asosiasi Seni Desain dan Komunikasi Visual Indonesia

This research discusses equality before the law in Indonesia by highlighting the role of the second principle of Pancasila, “Just and civilized humanity,” as the philosophical foundation of law enforcement. Although the constitution and various policies have affirmed the principle of equality, practice on the ground still shows injustice and discrimination, especially against low-income groups and those from certain social backgrounds. This study highlights the structural and cultural challenges, as well as the weak resources and integrity of law enforcement officials, that have led to suboptimal law enforcement. In addition, this study also evaluates the effectiveness of government policies in integrating Pancasila values into the legal system and highlights the importance of policy reforms to ensure fair treatment for all citizens. The findings of this research recommend the need to strengthen the implementation of Pancasila values and supervise the implementation of the law to realize substantive justice in Indonesia.    

Julia Putri Nur Azizah; Heriyanto Heriyanto; Dairani Dairani

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2025 International Forum of Researchers and Lecturers

The government on behalf of the public interest has broad authority to achieve the goals and objectives of accelerating development for the benefit of the nation in accordance with the mandate of the constitution. But on the other hand, the government must provide legal certainty for communities affected by land acquisition for the public interest in terms of providing compensation. In this study, the legal problem analyzed is the state's right to control land in providing legal certainty for people affected by land acquisition for the public interest. In the implementation of the settlement of compensation, it is adjusted to the estimated assessment carried out by the authorized official to determine the value or price of the land in accordance with the provisions of the legislation. The purpose of this study is to identify and analyze the existence of a protection and legal certainty for the community in the settlement of land compensation for the public interest in accordance with hierarchical rules of legislation. In this study, using the juridical – normative method through the approach of legislation. The results of this study are in the form of a juridical analysis of the settlement of land compensation for the public interest of the region.

Harlina Hamid; Nurasia Natsir

International Journal of Sociology and Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research examines the constitutional aspects of executive power limitations in presidential systems by comparing governmental practices in Indonesia and the United States. Through juridical-normative and comparative approaches, this research analyzes constitutional design, jurisprudence, and institutional practices that limit presidential power in both countries. Key findings indicate significant differences in checks and balances mechanisms, with the United States relying on a stricter doctrine of separation of powers compared to Indonesia, which implements power distribution. This research also identifies weaknesses in executive power limitations in Indonesia, particularly concerning legislative authority and the appointment of high-ranking state officials. The results of this research are expected to contribute to strengthening constitutional mechanisms in limiting executive power to prevent abuse of authority.

Farrah Saphira; Lilik Sumarni

Jurnal Ilmu Komunikasi, Administrasi Publik dan Kebijakan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

General Elections (Pemilu) are one of the important moments in democratic life in Indonesia. Indonesian elections are a true expression of democracy and a means for the people to declare their sovereignty over the state and government. Elections are based on Pancasila and the 1945 Constitution of the Republic of Indonesia and are held in the Unitary State of the Republic of Indonesia (NKRI) based on the principle of direct, universal, free elections. , confidential, honest and fair Political participation in a democratic country shows that the people fulfill the highest legitimacy of state power (popular sovereignty), this is manifested in the form of participation in democratic political parties (elections) for the welfare of the people. A very interesting group of voters to follow and study Furthermore, novice voters or new voters are voters who are taking part in an election for the first time, especially the millennial generation, who have a crucial role in determining the future direction of the nation. This research aims to explore the understanding and perceptions of novice voters towards the election process, through the film "Kejarlah Janji". This research uses a qualitative approach with data collection techniques through in-depth interviews and analysis of the film "Kejarlah Janji". The research results show that first-time voters tend to have a limited understanding of the election process, but the film "Kejarlah Janji" is able to raise political awareness and motivate them to take part in the election.

Fitri, Dini Amalia; Mundakir, Akhmad

DINAMIKA HUKUM 2025 Universitas Stikubank

Indonesia is an archipelagic country rich in ethnic, cultural, religious, and belief diversity. The Indonesian Constitution guarantees freedom of religion and belief, yet adherents of traditional beliefs often face discrimination, particularly in marriage registration. This study aims to evaluate and reconstruct the marriage registration system for adherents of traditional beliefs based on Pancasila's social justice principles. The study employs various theories, including the theory of equal freedom of belief, affirmative action, the legal duty to collect what is scattered, and the principle of iustitia socialis. The findings indicate that the integration of marriage registration institutions, simplification of the registration process, training for registration officers, revision of inclusive regulations, and increased public awareness are crucial to overcoming discrimination and ensuring social justice. The implementation of this reconstruction is expected to provide legal certainty and protection of the rights of traditional belief adherents, reflect Pancasila values, and create a more just and inclusive society.

Amira Atsil Abigael Wegni; Novi Wulan Suci; Tabina Belinda Putri; Astri Maharani; Ayesta Intania +1 more

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2025 International Forum of Researchers and Lecturers

This research discusses the implications of Autocratic Legalism Practices for Democracy, Legality and Justice in Law no. 17 of 2023 concerning Health. This research aims to analyze whether the practice of autocratic legalism in Indonesia will have a direct impact on weakening the democratic system adopted by Indonesia. Autocratic legalism describes a person who has power at the legislative, executive and judicial levels by using hidden methods and hiding behind the law to take advantage of people's sovereignty and abandon the principles of constitutionalism, so the problem formulation of this analysis is how the practice of autocratic legalism has an impact on weakening democracy. and how the characteristics of autocratic legalism can impact the validity and fairness of legislative regulations. The benefit of the results of this analysis of autocratic legalism is to find out to what extent the practice of autocratic legalism in Indonesia threatens the principles of constitutionalism and has the potential to develop and spread widely in society and of course will have a negative impact on the democratic system and the validity and fairness of laws and regulations. This legal research uses normative juridical methods, namely based on the main legal materials in the form of theories, concepts, principles and statutory regulations related to the writing of this journal.

Sulaiman Taiwo Hassan; Abalaka J.N; Ajiteru S.A.R

International Journal of Economic, Social and Development Sciences 2025 International Forum of Researchers and Lecturers

This essay looks at an investigation into the economies, A significant topic in the policy equation of many has been fiscal federalism, which reflects the degree of fiscal autonomy and responsibility granted to subnational government developing, transitional, and industrialized nations. Scholarly attention has been drawn to Nigeria's federalism because of its intricacy and vibrancy. This is due to the fact that it has created numerous issues that could jeopardize the Nigerian state's corporate existence and continuity. Therefore, the relationship between Nigeria's fiscal federalism and the oil-rich nation's lack of economic development is highlighted in this study. Our main contention is that Nigeria's fiscal federalism has not sparked the growth that the system's designers had hoped for. Therefore, this essay looked at Nigeria's fiscal federalism's development, composition, and practices. In order to do this, the study used secondary sources to collect data and combined descriptive and analytical methodologies. According to the report, Nigeria has not functioned as a a federal constitution, making it a true federation. Taxing authority and fiscal responsibility are still heavily concentrated. Numerous issues, such as the federal government's dominance in income sharing, the lengthy period of military interregnum rule, and an excessive reliance on Federation Account revenue, have hindered Nigeria's practice of fiscal federalism. This study investigated how fiscal federalism and the chosen distribution formula contribute to unhappiness and violent agitation. In order to do this, the study used secondary sources to collect data and combined descriptive and analytical methodologies. Therefore, the study came to the conclusion that in order to promote sound fiscal independence, the federal government should give state governments some of its taxing authority. and rivalry between states.

Abalaka, J.N; Ajiteru,S.A.R; Sulaiman T.H

International Journal of Social Sciences and Communication 2025 International Forum of Researchers and Lecturers

It is well known that the fiscal federalism pattern that the military imposed on the country disregards the source of money and productivity. This study assessed Nigeria's fiscal federalism. in an effort to pinpoint the trouble spots. The survey research approach was used. The Z-test was used to assess the data gathered from the questionnaire. The results showed that the government-appointed commissions' recommendations on fiscal federalism had little effect on the economy because of a number of issues, including the 1999 constitution's flaws and the numerous issues with fiscal federalism that have resulted in the duplication of government operations and the waste of public funds. Nonetheless, among other things, it is advised that public officials follow the Nigerian fiscal responsibility bill and due process in order to guarantee an effective and sound fiscal federalism in Nigeria. Furthermore, it is important to make sure that all levels of government follow the constitutional provisions on budgetary relations, accountability, and transparency. Establishing a National Fiscal Commission is also advised in order to improve intergovernmental cooperation and understanding in ways that encourage communication between actors in the federal, state, and municipal governments.

Sulaiman T.H; Abalaka J.N; Ajiteru S.A.R

International Journal of Communication, Tourism, and Social Economic Trends 2025 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

The study looks at fiscal federalism, which is the distribution of resources between federating entities so that they can carry out their constitutional duties. The goal of this study was to identify the fundamental imperatives of fiscal federalism for the advancement of the country. In Nigeria's new democratic environment, the relative roles of the federal government, state governments, and local government authority (LGAs) in providing public services have become one of the most crucial subjects of candid and heated discussion. Federalism, fiscal federalism, and development were conceptually explained from the outset, and it became clear that the principles of fiscal autonomy and integrity are critical to the survival and ongoing existence of a properly federating form of government. In order to ascertain how the federal arrangements affect the provision of basic services in four crucial areas, the analysis will make use of fieldwork conducted in six states and twelve LGAs. primary health care, primary education, clean water and sanitation, and local roads that connect communities to marketplaces, schools, and medical facilities. The paper, which was based on Buchan Fiscal Residuum Theory, attempted to accomplish the study's goal by balancing the value of the public services returned to individuals with the payments paid. According to the article, the conflicting problems and difficulties of fiscal federalism may manifest as a misalignment between the functions of the different levels of government and the sources of money. According to the paper's conclusion and recommendations, it is important to make sure that revenue allocation encourages state and local governments to increase internal revenue generation rather than relying only on funding from In order to clearly define the duties to be carried out by each level of government, the federation account and intergovernmental relations issues should be examined and respected.

Abdul Aziz; Insan Tajali Nur; Harry Setya Nugraha

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2025 International Forum of Researchers and Lecturers

The Regional Representatif Council (DPD) is an institution that was born as a result of amendments to the 1945 Constitution from 1999 to 2002. This institution existed as a response to the centralization of government in the new order which caused various upheavals in the regions. Apart from that, the DPD is also expected to be able to create a check and balance mechanism between legislative institutions (DPR and MPR) as well as realizing the DPD as a regional representation. The current authority and membership of the DPD is not sufficient to create a check and balance mechanism for both the DPD and DPR and the DPD in the MPR forum. Apart form that, party sympathizers and domicile requirements that are too loose mean that the DPD as regional representation has not been realized optimally. Designing the authority and membership  by maximizing legislative functions and increasing the number of members can be create checks and balances between legislative institutions. Apart from that, a new design of the DPD nomination requirements is also needed, by prohibiting nominations of political party sympathizers and narrowing the domicile requirements to realize the DPD as a genuine regional representation.

Bemby Navita; Rosita Adelia Putri; Jacinda Az Zahra; Aurellia Mirabel Fredlyna; Stephanus Louis Scaeva Tapiheru +1 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This article discusses the position and functions of state institutions in Indonesia's governmental system based on the 1945 Constitution (UUD 1945). The UUD 1945, as Indonesia's highest written constitution, establishes state institutions within three main branches of government: executive, legislative, and judicial. The article outlines how each branch fulfills its role according to the principle of trias politica, aimed at maintaining a balance of power through a system of checks and balances. The main focus is to analyze the position of these institutions within the constitutional framework and how they work synergistically to support Indonesia's political, legal, and social stability. Furthermore, the article explores the challenges faced by state institutions, such as overlapping authorities, and offers recommendations for addressing these issues to strengthen good governance and democracy. A deeper understanding of the role and functions of state institutions is expected to help Indonesia achieve a just and prosperous government.

Sulaiman T.H; Abalaka, J.N; Ajiteru,S.A.R

International Journal of Social Welfare and Family Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This study uses a qualitative methodology and secondary source data to investigate election cheating and its impact on Nigeria's democratic consolidation. It will be examined using historical and content analysis. examination. Nigerian democracy's progress has been severely hampered by election tampering. According to the report, e-election holds enormous promise and might be the solution to voter fraud in Nigeria's electoral system provided it is properly deployed and funded. It starts by looking at the constitutional, legal, and theoretical underpinnings of electronic voting. Second, it examines the real-world obstacles to the adoption and deployment of an electronic voting system in Nigeria by learning from other countries. Nigeria's elections have fallen short of expectations thus far because of a variety of electoral manipulations that have prevented the nation from holding legitimate, free, and fair elections within her political system. In addition to undermining Nigeria's democratic consolidation, election cheating has breached the fundamental human right (right to lives) of a large number of Nigerians. This essay offers some crucial suggestions that could solve the issues of election tampering and explain how those actions can support the need for a democratic atmosphere, which is a need for free and fair elections.

Sakira Putri Manurung; Dwidya Nuari; Sanas Tasia Sihaloho; Kiki Renhardi Napitupulu; Rohani Rohani +1 more

WISSEN : Jurnal Ilmu Sosial dan Humaniora 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Since the time of the archipelago, Acehnese culture has maintained a rich and intricate cultural legacy. Due to its advantageous position and status as a commerce route, Acehnese culture was influenced by the cultures of many of the traders that passed through. The purpose of this study is to learn about Acehnese culture from a social and physical standpoint. The information gained from this study's findings will undergo qualitative analysis. With the help of interview rules, this data collecting method is conducted by asking informants questions directly and verbally (face-to-face). In order to generate qualitative data, researchers perform qualitative analysis by giving a detailed and understandable explanation of the problem information. Based on the outcomes of interviews conducted by researchers, the Acehnese tribal community has similarities between physical and social behavior that are still applied in everyday life which are usually presented at traditional events, religious celebrations and cultural celebrations and the Acehnese tribal community is also famous for its traditional traditions and strong religion and highly upheld norms that are still applied in everyday life. These norms include Islamic religious norms, legal norms originating from the Islamic Religion and the 1945 Constitution, politeness norms in dressing in accordance with Islamic teachings, moral norms that closely related to Islamic teachings, and social norms such as courtesy, mutual respect, mutual cooperation and mutual assistance. In this research, it can be concluded that the Acehnese people who live around Medan Tembung sub-district, Medan city, actually still adhere to several norms which are an integral part of their identity and daily life. And also has customs. Social practices and traditions that have been maintained for generations by the Acehnese people reflect the richness of their culture and spirituality. And the Acehnese language not only functions as a means of communication, but also as a symbol of regional identity and pride for the Acehnese people

Sulis Fauziah

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article discusses how the independence of the judiciary is based on the Constitutional Court Decision. The obligation of a state of law or rechstaat is the independence of the judiciary. In the concept of Rule of Law and Rechstaat, a state of law is obliged to place a free and impartial judiciary against anyone. The judiciary is also called the broadest possible independence, this is meant as a sign of a good state of law. Independence is usually considered as protection from irresponsible actions. Therefore, in accordance with the mandate of Article 24 paragraph (1) of the 1945 Constitution, it is necessary to explore the roots of the independence of the judiciary. The opinion of the Constitutional Court itself regarding the decisions that make this Article a kind of test for the judicial review carried out by the Constitutional Court which should be properly discussed and raised as an interpretation of the meaning of the independence of the judiciary. This article discusses the judge's perspective on the decision of the Constitutional Court which discusses the independence of the judiciary. The writing of normative juridical uses a conceptual approach and a case approach. Secondary data is used in this article, and the main legal source is the Decision of the Constitutional Court. Data were analyzed using a qualitative approach.

Selvy Anugrah Maharani

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to discuss the implementation of a democratic system within the presidential institution using a literature study approach. The findings and discussions in this research explain an event analyzed by the researcher based on previous literature studies that have been examined by earlier scholars. The results of this study indicate that Indonesia, as a constitutional state, implements a clear division of power among state institutions to ensure stability in governance. This principle of the rule of law is not only applied in Indonesia but is also a widely accepted concept in many countries worldwide. The establishment of state institutions is based on legitimate authority as stipulated by law, with the President holding a strategic role as the head of state, as regulated in the 1945 Constitution of the Republic of Indonesia. This study concludes that to maintain a democratic system of governance, a well-structured administrative framework is necessary, emphasizing government accountability. This ensures that every policy and action taken is always based on legal principles and carried out transparently and responsibly.