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Nova Marviana

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

To maintain order the and continuity of democracy in Indonesia, legal and constitutional stability are essential. This article discusses the strategic functions of state institutions, including the executive, legislative, and judiciary, in ensuring the supremacy of law and constitutionalism. This paper investigates how cooperation between state institutions can strengthen a stable legal system that is responsive to socio-political changes using qualitative methodologies, such as desk studies and analysis of laws and regulations. This paper also emphasizes that state institutions face political pressure, regulatory inconsistencies, and interventions in the law enforcement process. This study offers policy suggestions to improve institutional capacity in maintaining legal and constitutional stability by comparing practices in other democratic countries. These study expected to help strengthennof Indonesian constitutional system to more than responsive to advances while maintaining the supremacy of law and democracy.

Syarifah Shafira

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

The Constitutional Court (MK) Decision Number 90/PUU-XXI/2023 has attracted attention in Indonesian legal studies because it is related to the constitutionality test of the 1945 Constitution of the Republic of Indonesia (UUD 1945). The validity of this Constitutional Court Decision, when analyzed through the lens of legal realism, can be understood as the result of a compromise between the law as a norm that must be obeyed and the changing needs of society. Social factors, such as pressure from community groups or public opinion, play a significant role in influencing the Constitutional Court's decision. In this case, the Constitutional Court is tasked with interpreting the constitution in a broader context, which includes responses to socio-political dynamics and developing community aspirations. The legal realism perspective provides an understanding that the validity of the Constitutional Court Decision Number 90/PUU-XXI/2023 does not only depend on the text of the constitution, but is also influenced by developing socio-political dynamics. The Constitutional Court's decision reflects the interaction between legal norms and existing social conditions, with the Constitutional Court functioning as an institution that responds to social demands.

Andri Herman Setiawan; Firman Nurdiyansyah Sunandar; Ahmad Juaeni; Johannes Triestanto

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study examines justice in employment law from the perspective of legal philosophy, focusing on the relationship between employers and workers in Indonesia. Based on Article 27 paragraph (2) and Article 28D paragraph (2) of the 1945 Constitution, justice in employment relations is considered as one of the manifestations of human rights that must be guaranteed by the state. However, in practice, the imbalance in the bargaining position between employers and workers often creates injustice, especially in wages, job protection, and the fulfillment of basic workers' rights. Through a legal philosophy approach, this study analyzes the application of the concepts of distributive, commutative, and retributive justice in employment relations. The results of the study show that although employment regulations, such as Law Number 13 of 2003 concerning Employment, have attempted to create justice, their implementation still faces various obstacles, including weak supervision and bias towards economic interests. This study has theoretical benefits in deepening the study of legal philosophy related to justice in industrial relations, as well as practical benefits in providing recommendations for policy makers to improve employment regulations. Thus, this research is expected to be a foundation for creating fairer and more balanced working relationships in Indonesia.

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

International Journal of Law and Civil Affairs 2025 International Forum of Researchers and Lecturers

Over the years, there have been issues with the relationship between Nigeria's three levels of government. Numerous committees and commissions have been established, and suggestions have been made, but until the levels of government continue to clash over finances today. Being the third level of government, the local government has been hardest damaged, which has made it impossible for it to successfully perform its mandated duties. Because of this, this study looked at Nigerian local government performance and intergovernmental relations. The study used a survey design, with a focus on descriptive research. Focus groups and questionnaires were used to gather data. The Central Bank of Nigeria and government documents provided the secondary data. Among other things, the results showed that intergovernmental relations have somewhat eased tensions between Nigeria's three levels of government. Additionally, the 1999 constitution's flaws have hindered fiscal relationship among Nigeria's three levels of government. Among other things, the research suggested that efforts be made to guarantee that all levels of government follow the constitutional rules on budgetary relations, accountability, and openness.  

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

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

Intergovernmental relations and local government performance in Nigeria's Imo State were the subjects of this study. Secondary data was gathered by reviewing textbooks, journals, magazines, online resources, and published and unpublished materials. Primary data was gathered by administering questionnaires to 270 respondents, who were selected from a sample population of 30 employees from each of the nine (9) local governments, three of which were chosen from each senatorial zone. According to the report, intergovernmental connections make sure that the various governmental levels use human and material resources effectively and efficiently. In a true federalism, it fosters the development of cooperation rather than rivalry. However, local governments lack sufficient funds, particularly from the state government. The effectiveness of local government is impacted by the usage of Transition Committees, Caretaker Committees, and even Sole Administrators. The researcher suggested that in order to address the irregularities, local governments should have elected governing bodies, practice true federalism, apply the rule of law principle, have their constitutionally specified areas of jurisdiction, and grant local governments autonomy. All of the aforementioned will guarantee that Imo State's local governments operate effectively

Sulistyowati Sulistyowati; Dewi Nadya Maharani; Gusti Bintang Maharaja; Safrida Safrida

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

History often repeats itself in different contexts, as seen in the political dynamics of Indonesia in 2024, which are similar to the events of 1998. Although it has not yet reached the escalation of reforms, political tensions, polarization of society, and dissatisfaction with the government are the main issues. The fall in the Democracy Index reflects a weakening of freedom of opinion, human rights, and political participation. The wave of massive demonstrations against the revision of the 2024 Pilkada law showed resistance from various elements of society, including students, workers, artists, and public figures. Demonstrators demanded that the DPR comply with Constitutional Court decision Number 60/PUU-XXII/2024 regarding the threshold for the nomination of regional heads and Constitutional Court decision Number 70/PUU-XXII / 2024 regarding the age limit for candidates for regional heads. This research is a literature study with qualitative methods and a normative legal approach, including statutory, case, and conceptual analysis. The Data was obtained through the analysis of relevant legal and regulatory documents, as well as public opinion published in online media. This study provides an overview of the current challenges of Indonesian democracy as well as the implications of legal decisions on national political dynamics.

Wahyu Trisno Aji; Ahmad Arfandi Musida

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

Indonesia is a country that recognizes two major concepts and then they implement them, such as the Republic and Democracy systems. The two concepts are even stronger presented in the 1945 Constitution as the main part and at the same time a source of pride. However, Indonesia does not really practice the two concepts in reality because they have eliminated one important part of the general problem, namely the position of citizens and their rights in the country. The phenomenon of marginalizing left-wing politics is a tragedy in Indonesian history that makes the construction of the paradigm of Indonesian society consider that left-wing politics is too radical, anarchic and dangerous for Indonesia. so that the steps they take are to stay away from the world of left-wing politics which results in an imbalance between the government and citizens, a gap where the government together with the capitalists compete in progress and happiness, while ordinary people in Indonesia try and fight to stay alive. Left-wing politics is part of one way to apply the principles of Pancasila, especially the fourth and fifth principles. Left-wing politics basically offers a humanitarian struggle, so Indonesia needs that principle to revive national values ​​in the form of real changes to better steps.

Prastiyo Umardani

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

The Indonesian National Army Law (UU TNI) is a legal product that regulates the role, function and authority of the TNI in the Indonesian constitutional system. In the context of this policy, the power apparatus plays a role in the formation, implementation and supervision of regulations governing the TNI. The power apparatus includes the executive, legislative, and actors who have an interest in the state's defense and security structure. In policy formation, political actors and government institutions play a dominant role in formulating regulations that balance civilian and military interests. The implementation of the TNI Law is also greatly influenced by how power is exercised, both in the defense bureaucratic aspect and in the relationship between the military and the civilian government. The tendency for politicization of military institutions can occur if there is excessive intervention from political power in determining strategic defense policies. Apart from that, the power dynamics in the TNI Law policy are also related to how control and supervision mechanisms are implemented. Security sector reform requires a balance between civilian supremacy and military professionalism to ensure that the regulations made do not conflict with democratic principles. Therefore, understanding the power apparatus in the TNI Law policy is important in examining the extent of the role and influence of political actors on the regulations governing military institutions in Indonesia.

Abdul Hamid Sobri; Iza Rumesten RS; Suci Flambonita

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The issuance of Perppu Number 2 of 2022 has led to various dynamic debates within society. The government's actions have shown attempts to "circumvent" Constitutional Court Decision Number 91/PUU-XVIII/2020 and even eliminate the legislative role in the process of amending laws. Autocratic legalism is a situation where the law is utilized as a tool by the rulers (whether executive, legislative, judicial, or a combination thereof) to legitimize their actions in accumulating and consolidating power under the guise of law. The research findings indicate that the consequences of the issuance of Perppu Number 2 of 2022 include the violation of the legislative drafting grace period, failing to resolve legal uncertainties, and being considered non-aspirational, non-participatory, and non-transparent in its formation.

Muhammad Anwar Soleh

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The problem of organizing regional elections has been apparent since the nomination stage where there are obstacles for each regional head, namely the regional head nomination threshold. The nomination threshold directly eliminates the constitutional and political rights of every citizen to actively participate in the regional head election process. This study uses normative legal research, namely preliminary research activities before delving further into in-concrito research. The research approach uses a statute approach and a case approach through the Constitutional Court decision Number 60/PUU-XXII/2024. The statute approach is carried out to trace the laws and regulations related to the research theme being studied. The results of the discussion obtained, namely the Constitutional Court's decision regarding changes to the regional head nomination threshold, are a good sign for the future of democracy. The people have almost lost trust recently in the democratization process with the behavior of political party elites in nominating regional heads who tend to lead to cartel politics. Of course, this decision needs to be welcomed and the Constitutional Court deserves appreciation because this decision was issued amidst the strengthening of cartel politics in the nomination of regional heads. The Constitutional Court's decision has changed the basis of the requirements that must be met by political parties or coalitions of political parties in registering regional head candidate pairs from obtaining seats or accumulation of valid voters to only obtaining valid voters by determining the percentage.

Kresna Ayung Begawan; I Ketut Kasta Arya Wijaya

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the marriage agreement as an instrument of legal protection for both parties in a marriage, especially in terms of property ownership and financial responsibility. This study uses a sociological juridical method, with primary data obtained through interviews with a notary and secondary data from various legal literature, including Law Number 1 of 1974 concerning Marriage, the Civil Code, and the Constitutional Court Decision Number 69/PUU-XIII/2015. The results of the study indicate that the marriage agreement plays a role in preventing potential legal conflicts in marriage, both in monogamous and polygamous systems, and provides legal certainty for third parties, such as creditors or heirs. This agreement not only protects the rights and obligations of the husband and wife, but also ensures legal clarity in the division of assets and financial responsibility during and after the marriage.

Fatahilla Alim

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

The discourse regarding political determination in the process of impeaching the president and/or vice president is very interesting and deserves to be taken seriously.  The author's hypothesis states that the process of impeaching the president and/or vice president is a political forum where at any time the MK has decided that the DPR's allegation that the President has committed a violation of the constitution is true, but to fully execute it will return to the MPR.  This article tests this hypothesis using the normative juridical method, which involves analyzing legal norms, principles and doctrines through a positive legal approach.  This study concludes that although the main characteristic of impeaching the president and/or vice president in a presidential system is a difficult clause, the choice to prioritize the legitimacy of the political forum must also be followed by a rational process and composition.

Dimas Yemahura Alfarauq; Siti Marwiyah; Wahyu Prawesthi

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Initially, the existence of the Judicial Commission was formed based on Law Number 22 of 2004 as a legal derivative of the institution, in article 40 paragraph (1) of Law Number 48 of 2009 concerning judicial power it is stipulated that the Judicial Commission is an external supervisory body that monitors the supervision of judges' behavior based on the code of ethics and guidelines for judges' conduct, and Law Number 18 of 2011 concerning the Judicial Commission. The legal issue of this normative legal research: What is the form of the Judicial Commission arrangement in order to maintain the behavior of judges? What is the urgency of the authority of the Judicial Commission in order to maintain the behavior of judges? The Judicial Commission is regulated in Article 24B of the 1945 Constitution, which gives the authority to propose the appointment of Supreme Court Justice and maintain the honor and conduct of judges. This authority is important to ensure that judges carry out their duties with integrity and in accordance with the applicable code of ethics. The existence of legal gaps related to the limitations of the Judicial Commission's authority in supervising the behavior of judges often makes it difficult to carry out their duties optimally. The urgency of the authority of the Judicial Commission in maintaining the behavior of judges is very important to create a judicial system that is independent, accountable, and trusted by the public. Strengthening the authority and institutional support for the Judicial Commission is needed to ensure that supervisory duties can be carried out effectively, so that the ideals of legal reform in Indonesia can be well achieved.

Nadir Nadir

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research aims to reveal stability Friedrich Carl Von Savigny’s thoughts on the existence of annual sale and purchase customary love establishment. This research uses legal research methods, namely research carried out on legal norms that develop in society. The approach used is a conceptual and historical approach. The types and sources of data used in this research are primary and secondary data. The results of this research show that the teachings of the historical school initiated by Von Savigny emphasize that law is a reflection of the soul of the people that grows together with the people’s growth of the people and becomes strong together with the people’s strength. Furthermore, in the end, it dies if the nation loses its nationality. Thus, adherents of the historical school reject the view that law is made by an authorized institution, such as by making laws. Meanwhile, customary law that exists in Madurese society as the customary law of the Madurese people in some villages, such as “annual purchase and sale,” as the customary law of the community is maintained in the practice of annual purchase and sale of a plot of land that is perhaps not found in other areas in Indonesia. It is similar to the historical school, namely that law grows together with the growth of society and becomes strong together with the strength of society. Furthermore, in the end, it dies if the nation loses its nationality. This condition is recognized as existing by the constitution of the Indonesian legal state as regulated in Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia.

Haider Kazim Hattahut

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The aim of this comparative study is to identify the criminal responsibility for extremism through electronic means in modern legislation for which the researcher used the comparative analytical method. The research problem is centred on the statement of the objective provisions of criminal responsibility for the crime of extremism through electronic means in both Iraqi law and comparative laws. The study relied on a number of primary and secondary references both past and present to collect legal information. The study concluded a number of the most important results, namely that extremism using electronic means is the aggression emanating from pirates using electronic means with the aim of disrupting security and public order and extorting the authorities by seizing public and private funds and damaging property. Results also show that the competent court in considering the crime of extremism using electronic means is the State Security Court in Iraqi law, and we see the Iraqi legislator in the Iraqi Constitution of 2005 was unique in reducing the penalty until amnesty for those who provide information about cyber attacks. The study recommended that there should be a clear text for the crime to define the electronic means as per the Iraqi legislator, while the modern legislations came in conjunction and close to the Jordanian legislator, as well as the French law, the Algerian and Egyptian legislator. The study also recommends that the Iraqi legislator follow the example of the Jordanian legislator in issuing a special law for electronic crimes and contain the text of criminalising the crime of cyber extremism. The study also stresses the need for judges to have sufficient knowledge of electronic means and the Internet in order to consider cases in this regard by preparing courses for them and all those working in the field of combating cyber extremism crimes. This is particularly true since the threat is carried out through the Internet and electronic means.

Ritian Handayani; Yasmirah Mandasari Saragih

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Examination of a criminal case in a judicial process essentially aims to find the material truth, namely the complete truth of a criminal case by applying the provisions of criminal procedural law honestly and in a timely manner with the aim of finding out who the perpetrator is who can be charged with committing something. violation of law. Making a post mortem et repertum gives the full duty to the doctor as an implementer in the field to assist the prosecutor in determining the direction of the charges that will be brought against the defendant, as well as assisting the judge in finding the material truth in deciding the criminal case. This research includes normative legal research, so the legal materials used are primary, secondary and tertiary legal materials. The technique for collecting legal materials that will be used as a source in this research is library research, namely collecting legal materials by reading statutory regulations, official documents, journals, articles from the internet, and other literature that is closely related to The issues discussed are based on secondary legal materials. The presence of the Pretrial Institution provides a warning that law enforcers must be careful in carrying out their legal actions and every legal action must be based on applicable legal provisions, meaning that they must be able to exercise restraint and distance themselves from arbitrary actions. Thus, it is clear that organizing pretrial proceedings is not an easy task considering that the activities of one law enforcement agency to assess and test the work patterns of other law enforcement agencies is definitely work that must be carried out carefully and mastering all law enforcement mechanisms. The judiciary in Indonesia, one of whose tasks is to examine laws against the constitution, is what we often call judicial review. This judicial review is carried out to protect the rights of citizens who feel disadvantaged by the enactment of a law. In this case, what concerns the author is the judicial review of article 77 of the Criminal Procedure Code, which in this article is felt to be detrimental to someone who is designated as a suspect by investigators, because the article does not regulate the determination of suspects as pre-trial objects.

Dimas Purnayoga Rakayoni; Subekti Subekti; Ernu Widodo

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

That housing and settlement development by private business entities is compatible with the Sustainable Development Goals (SDGs) or can also be called Sustainable Development Goals (SDGs) is a sustainable development agenda initiated and agreed upon by the United Nations. Meanwhile, the construction of houses by individuals or individuals is very inconsistent with the programs or agendas set forth by the national and world governments. Of course, if we examine further, the development carried out by each person is very contrary to "participating in implementing world order" as described in the preamble to the 1945 Constitution of the Republic of Indonesia. The legal issue of this normative legal research: What is the government's authority in the implementation of housing development? How is the legal protection for people or entities that organize housing development in Law Number 1 of 2011 concerning Housing and Residential Areas? The government's authority in the implementation of housing development includes policy regulation, implementation supervision, housing provision facilitation, inter- government coordination, community empowerment, and education. Through this authority, the government seeks to create a decent and sustainable residential environment for all levels of society. Legal protection for persons or entities that organize housing development is comprehensively regulated in Law No. 1 of 2011 concerning Housing and Residential Areas. Legal protection includes: 1. Community Rights. 2. Developer's Obligations. 3. Sanctions for Violations. 4. The Role of the Government.

Winajat Winajat; Syahrul Borman; Dudik Jaya Sidharta

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

Law Number 15 of 2019 in Article 58, Article 85 and Article 91 contains authority that must be carried out by ministries or institutions that carry out government affairs in the field of Legislation Formation. Until early 2025, the government has not formed the ministry or institution in question. The legal issue of this normative legal research: What is the form of regulation of harmonization, rounding, and consolidation of the conception of the Draft Regional Regulation? What is the authority of the ministry in harmonizing, rounding, and consolidating the conception of the Draft Regional Regulation? The arrangement of harmonizing, rounding, and consolidating the conception of the Draft Regional Regulation involves a series of steps that are structured and regulated by laws and regulations. Harmonization is the process of harmonizing and unifying draft regulations so that there is no conflict with existing regulations. Coordination, For the Draft Regional Regulations that come from the Regional People's Representative Council, harmonization is coordinated by the fittings of the Regional People's Representative Council that handles the field of legislation. The authority of the ministry in harmonizing, rounding, and consolidating the conception of the Draft Regional Regulation is rooted in Article 18 paragraph (6) of the 1945 Constitution which states that local governments have the right to establish regional regulations, which are the implementation of regional autonomy. Article 236 of Law Number 23 of 2014 emphasizes that regional regulations must be prepared as an elaboration of higher laws and regulations. Since the promulgation of Law Number 15 of 2019, there has been a significant change in the authority to harmonize the Draft Regional Regulations.

Udin Nurkholis Huda; Hartoyo Hartoyo; Fitri Ayuningtyas; Fitri Ayuningtyas

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

The crime of molestation and sexual intercourse against children is an act that violates social norms of politeness, religion and decency. Article 28b paragraph (2) of the 1945 Constitution of the Republic of Indonesia reads: "Every child has the right to survival, growth, and development and has the right to protection from violence and discrimination" The legal issue of this normative legal research: How is the criminal act of molestation and sexual intercourse against children regulated? What is the form of legal protection for children as victims of sexual acts and sexual intercourse? The crime of molestation is regulated in Articles 289 to 295 of the Criminal Code, Law No. 35 of 2014: It is an amendment to Law No. 23 of 2002 concerning Child Protection, which affirms the prohibition of violence or threats against children (Article 76E) and establishes prison sanctions of between 5 to 15 years for perpetrators (Article 82) and Law No. 12 of 2022 concerning the Crime of Sexual Violence. The form of legal protection for children as victims of criminal acts of molestation and sexual intercourse is Physical and Psychological Protection, Victims' children have the right to physical protection to ensure safety from the threat of the perpetrator, through the arrest of the perpetrator with sufficient preliminary evidence. Psychological protection is provided with rehabilitation, counseling, and psychosocial assistance during the legal process until recovery. 2. Confidentiality of the identity of the victim; 3. Legal and Social Assistance; 4. Restitution and Restoration of Rights; 5. Strict Law Enforcement.

Regar Vina Febrina

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

The principle of legality is one of the main principles adopted by criminal law. Indonesia has incorporated the principle of legality into the first article of the Criminal Code, which carries the consequence that the imposition of criminal penalties must first be regulated in written law. The reform of criminal law through the New Criminal Code continues to apply the principle of legality in Article 1 and also adds recognition to the laws existing in society that are generally unwritten. The recognition of unwritten laws in the New Criminal Code does not mean shifting the principle of legality and applying the law arbitrarily, but rather a form of realization of the principle of legality in accordance with the characteristics of Indonesian society. The New Criminal Code has provided limits on the application of unwritten laws existing in society, namely if the Criminal Code does not regulate the punishment and must be in accordance with Pancasila, the 1945 Constitution of the Republic of Indonesia, human rights, and general legal principles recognized by the community of nations.