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Edwin Hendrik; Subekti Subekti; M. Syahrul Borman

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The amendment to the 1945 Constitution is an important milestone in the history of the Indonesian constitution that aims to improve the system of government and maintain the balance of power between the executive and legislative. This study aims to analyze the policy of limiting executive and legislative powers implemented through the amendment to the 1945 Constitution, and its implications for the system of government in Indonesia. The research method used is normative research with a qualitative approach, through literature studies and analysis of constitutional documents and relevant laws and regulations. Data were obtained from various sources, including the text of the 1945 Constitution before and after the amendment, academic literature, and the results of interviews with constitutional law experts. The results of the study indicate that the amendment to the 1945 Constitution has brought significant changes in the limitation of executive and legislative powers. Among them, the amendment introduced a stronger checks and balances mechanism, clarified the functions and authorities of each state institution, and set limits on the presidential term of office to prevent absolute power.    

Ashfiya Nur Atqiya; Ahmad Muhamad Musain Nasoha; Diva Senja Andini; Dwi Safa`atun; Aditya Putra Pratama +1 more

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

As the ideological and philosophical basis of the Indonesian state, Pancasila plays an important role in the formation of national laws and regulations. This journal examines three main aspects of the function of Pancasila in law. First, Pancasila serves as a normative framework to ensure that laws are in accordance with basic values such as justice, humanity, and unity. Second, Pancasila strengthens legal legitimacy and political consensus in the midst of modern political dynamics that are often polarized. Third, there are problems in implementing Pancasila values in law, such as inconsistencies between positive laws and people's aspirations, as well as bureaucratic constraints. In addition, the journal discusses how the values of Pancasila should be instilled and taught, how it helps strengthen constitutional democracy, as well as its relationship to economic law, human rights, environmental issues, and international law. This journal emphasizes how important it is to apply the principles of Pancasila in facing global challenges and maintaining the integrity of the nation. The research method used in this article is a qualitative approach with document analysis and literature studies on laws, court decisions, and other legal sources. The results of the study show that the application of Pancasila in law in Indonesia still faces various challenges, but it has great potential to strengthen the national legal system, especially in the aspects of social justice and constitutional democracy.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Madeeha Yumna Abdulloh; Zulfah Nurul Salsabila; Lathifa Siti Rahmani

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

This article discusses the relationship between Pancasila as the state ideology and constitutional law in Indonesia, particularly in the context of the recognition and protection of customary law. Using a normative juridical research method, the study examines the relevance of Pancasila in shaping the legal foundation and state policies that support the sustainability of customary law. The study also highlights the constitutional implications in providing formal recognition of the existence of customary law and the efforts to protect the rights of indigenous communities in Indonesia.The research findings indicate that Pancasila, as the state ideology, plays a crucial role in guiding constitutional law to protect local wisdom and cultural diversity, including in matters of customary law. Although the recognition of customary law has been accommodated within the constitution, its implementation still faces various challenges, particularly related to conflicts between customary law and national law. Therefore, synergy between Pancasila and constitutional law is needed to strengthen the protection of customary law within the framework of the Indonesian legal system.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Alfitozaki Jundi Robbany Akmal Fauzan; Kun Zakia Khoirotun Nisa; Farah Rosyidah

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

The study aims to explore the application of the principle of non-discrimination in citizenship rights in Indonesia using qualitative methods based on the results of the analysis, proposing several suggestions.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Hanifah Muslimah; Rana Inas Zahira; Dina Setiana Pratiwi

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study examines citizenship as a constitutional right in Indonesia, focusing on the foundational principles of citizenship, the roles of state institutions, challenges in the enforcement of rights, and relevant case studies. The research employs a doctrinal legal methodology with a normative approach, incorporating legislative, case law, conceptual, historical, and comparative perspectives. Data is collected from primary, secondary, and tertiary legal sources through a literature review. The analysis reveals that the foundational principles of citizenship are enshrined in the 1945 Constitution of Indonesia (UUD 1945), which includes the right to participate in government, the right to decent work, and other social rights. State institutions such as the President, the People's Consultative Assembly (DPR), and the judiciary play crucial roles in the enforcement of constitutional rights. However, several challenges persist, including human rights violations, injustices within the legal system, and barriers to political participation. Case studies related to administrative issues in the 2024 elections, human rights violations in Papua, and the controversy surrounding the Omnibus Law on Job Creation illustrate practical issues in the implementation of constitutional rights.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Zhelika Wahyu Wardhani; Jovita Dwi Kusumastuti; M. Adil Hakim Al Hadi

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Indonesia's constitutional reform since 1998 has brought significant changes to the governance system, legal framework, and the protection of civil rights. This study analyzes the impact of the reform on civil rights protection, focusing on the legal and policy dynamics in the post-reform period. Key changes include the amendments to the 1945 Constitution, decentralization of power, and the strengthening of state institutions such as the Constitutional Court. While the legal framework for human rights has been reinforced, challenges persist, including the harmonization of regional and national regulations and corruption, which undermines public access to basic rights such as healthcare, education, and justice. Decentralization often produces discriminatory policies against religious, ethnic, and sexual minorities, while past human rights violations and identity politics exacerbate social tensions. This study employs a normative method with historical and juridical approaches. To enhance civil rights protection, improved oversight of regional regulations, the abolition of discriminatory policies, anti-corruption measures, and transitional justice mechanisms for addressing past human rights violations are essential. Strengthening civil society and judicial reform are also critical steps toward achieving more effective and equitable civil rights protection.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Imro’atus Sholikhah; Sri Hafsari Fakriyah; Khansa Naila Nurhusna

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Dual citizenship presents a multifaceted issue for many nations,including Indonesia,especially in the context of increasing globalization and international mobility.Under Indonesia’s Citizenship Law No.12 of 2006,only single citizenship is recognizet,which poses various legal and administrative challenges for individuals holding dual citizenship.This study investigates the constitutional and human rights issues surrounding dual citizenship in Indonesia,examining the difficulties arising from the country’s single citizenship policy ang exploring potential solutions.The focus is on legal reforms,the implementation of international treaties,and enhanced international cooperation as means to address these challenges.Findings suggest that revising the Citizenship Law,integrating relevant international treaties,and improving public education on dual citizenship could significantly improve rights protection.The study advocates for Indonesia to consider legal reforms and strengthen international collaboration to better manage and fairly address the complexities of dual citizenship.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Ki Awang Pijar Pembayun; Khoridatul Bahiyah; Muhana Ayu Devita

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research explores the role of the Constitutional Court (MK) in protecting citizenship rights in Indonesia. As a constitutional judicial body, the MK holds a crucial responsibility to review laws against the 1945 Constitution (UUD 1945), ensuring that fundamental rights of citizens, such as freedom of expression, the right to education, and the right to privacy, are not violated by existing legal policies. Through the mechanism of judicial review, the MK acts as a primary guardian capable of annulling laws that are in conflict with the constitution. This study examines various significant cases where the MK has played a critical role in safeguarding citizenship rights. We also identify various challenges faced by the MK, including issues in implementing rulings and potential political pressures that may affect the independence of this institution. From a global perspective, this research compares the role of the MK with constitutional bodies in other countries to provide a broader understanding of how the MK functions in an international context. The research employs doctrinal legal research, which is a process of discovering rules, principles, and doctrines to address the issues at hand. The research is prescriptive in nature. The methodology used is normative/doctrinal/library research. The findings indicate that although the MK has successfully protected citizens' rights through significant rulings, there remains an urgent need to improve the implementation of decisions and to safeguard the institution’s independence. Recommendations for enhancing the MK’s role include expanding legal education to the public, strengthening public access to judicial review mechanisms, and fostering closer collaboration with legal academics and practitioners. With these measures, the MK is expected to continue functioning effectively as a guardian of constitutional rights in Indonesia.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Inas Alifatus Salma; Athifah Saidah; Khubi Hanan Khoirunisa

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Abstract. Pancasila has an important role in various aspects of life, including in efforts to prevent and eradicate corruption. This research aims to examine the role of Pancasila's contribution in the context of constitutional law, especially in terms of integrity and public ethics. Using qualitative research methods and descriptive analysis, this study investigates how Pancasila values such as social justice, fair and civilized humanity, and unity can be integrated into the legal system and state administration to prevent and eradicate corruption. The results of this study show that the use of Pancasila principles in laws and public policies has significant potential to improve transparency and accountability. The study also identifies challenges and barriers to the implementation of Pancasila values and provides recommendations to improve the effectiveness of corruption prevention and eradication in Indonesia. The findings support the argument that Pancasila serves not only as an ideological basis, but also as a practical foundation in building a legal system with integrity.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Dealova Rizki Meilana; Septiana Qholi Syainiah; Iftitah Naura Az Zahra +1 more

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This journal discusses the role of Pancasila in maintaining the balance between individual freedom and public order in Indonesian constitutional law. Pancasila, as the state foundation and ideology of the nation, occupies a central position in the formation of the legal system in Indonesia and serves as the source of all sources of law. In the context of constitutional law, Pancasila regulates how individual freedom is recognized as a constitutional right that is not absolute, but must be balanced with social responsibility and certain restrictions in order to maintain public interest and public order. This discussion highlights the challenges faced in maintaining this balance. This journal also provides suggestions for strengthening the normative foundation consistent with Pancasila, applying the principle of proportionality, strengthening the check and balance mechanism, and increasing public participation and legal education. Through the Historical Approach method, it is expected to examine the development of the rule of law and the principles of Pancasila from the past to the present.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Fadhil Abdulloh; Elsa Fikry Nurcahya; Nihayatun Nisa

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study looks at the legal ramifications of changing the Republic of Indonesia's 1945 Constitution's articles pertaining to citizenship (UUD 1945). The complexity of citizenship issues has increased with globalization, especially when it comes to dual citizenship and the rights of Indonesians residing outside. This study is classified as doctrinal research since it examines legal sources to determine legal principles. The study finds that amendments to the UUD 1945 are necessary to better align Indonesia's citizenship policies with global developments. However, these changes must be carefully considered to protect human rights and maintain national loyalty and identity. Reforming Indonesia's citizenship laws should be done thoughtfully, with input from various stakeholders, to ensure the resulting policies are inclusive and adaptable to the current global context. This research aims to contribute significantly to the development of Indonesia's citizenship policies and to offer a foundation for policymakers in crafting regulations that are more responsive to global challenges.

Harlian Satria Wilwatikta; Falah Ramadhani; Malik Madya Jaya Pratama; Dzaqyar Rahmatul Iqbal; Fauzan Adhima +1 more

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The Presidential Threshold is a rule that sets the minimum threshold percentage of votes that a political party is required to achieve, in order to nominate or carry presidential and vice presidential candidates in the election contestation. This system is designed to filter out candidates who are considered qualified, the hope is that only candidates with high electability levels can run. However, its implementation is often a source of controversy because it is considered to hamper potential candidates from small parties or independents who may have quality, but are less known to the public. As a result, the dominance of major parties in the presidential candidacy limits people's choices and does not reflect the existing political diversity. In the Indonesian system of government, where the president and the DPR are independent institutions, the Presidential threshold system is considered incompatible with the principles of inclusive and representative democracy. This provision was first implemented through Article 5 paragraph (5) of Law Number 23 Year 2003 on the General Election of the President and Vice President, and has continued to be used in subsequent presidential elections. This article focuses on the effectiveness of the Presidential Threshold in the Indonesian political context and its impact on political participation, democratic representation, and constitutional law.

Laila Nadia; Sumriyah Sumriyah

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Marriage is a human right, as stated in Article 28B paragraph (1) of the Second Amendment to the 1945 Constitution, and marriage is explicitly regulated in Law No. 1 of 1974 on Marriage. Article 2 of the Marriage Law states that marriage must be registered according to the applicable laws and regulations. However, this cannot be fully implemented throughout Indonesia, especially in the Dsn Tanjung area, Taman Kec Jrengik Sampang. One of the factors preventing full implementation is that marriages are conducted underage. This research uses an empirical research approach, also known as field research. The purpose of this method is to investigate the applicable legal provisions and their implementation in society. The research results show that children born from unregistered marriages face difficulties in obtaining civil status and legal certainty.  

Hono Sejati; Wieke Dewi Suryandari

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study seeks to examine the legal vacuum surrounding regional head elections that feature only a single candidate, as well as the legal implications that arise from this scenario. In a democratic system, the principle of popular sovereignty necessitates a fair and free electoral process; however, the absence of clear regulations for regional head elections with a solitary candidate can jeopardize the integrity of this principle. Employing a normative legal methodology with both legislative and conceptual approaches, this study investigates various regulations that govern regional head elections and assesses how this legal vacuum impacts the electoral process and the constitutional rights of citizens. Additionally, the study identifies several strategies to address the legal vacuum, which include establishing clear legal provisions for the election process involving a single candidate, implementing a plebiscite mechanism, and enhancing transparency throughout the electoral process. The findings suggest that a more definitive and explicit legal framework is essential to uphold the principle of popular sovereignty in regional head elections featuring a single candidate. 

Fuji Syifa Safari; Satriya Nugraha; Vicka Prama Wulandari; Yolita Elgeriza Agustin; Claudia Yuni Pramita

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The enactment of Law Number 13 of 2022, concerning the Second Amendment to Law Number 12 of 2011 on the Establishment of Legislation, is a follow-up to Constitutional Court Decision No. 91/PUU-XVIII/2020 regarding the formal review of Law Number 11 of 2020 on Job Creation. However, during its formation process, Law Number 13 of 2022 can be considered as not meeting the criteria of an open cumulative law due to the Constitutional Court's decision. It is viewed as a tool to legitimize the flawed legislative process that followed the Court's ruling on Law Number 11 of 2020. The method used in this analysis is normative juridical, applying a statutory approach. The results of this research indicate that the reconstruction of substantive content using the omnibus law method in Law Number 13 of 2022 does not align with regulatory governance in Indonesia, which remains characterized by overlapping regulations—both horizontally and vertically—and is irrelevant to the existing decentralization system. The establishment of a National Regulatory Agency (BRN) is proposed as a constructive solution to ensure that the quality of academic drafts, methods, and regulatory content is thoroughly examined for feasibility, thereby creating a national regulatory system that is high quality, orderly, and optimal.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Ammar Farid; Jazz Kyanu Azzahra; Siti Hanifah Jauharoh Wahidah

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This think around focuses to essentially and comprehensively see at the concept of citizenship from the focuses of see of sacrosanct law and Islamic law. Citizenship may be a legal status that characterizes the rights and commitments of an individual interior a state. Inside the setting of sacrosanct law, citizenship is controlled through constitutions and citizenship laws that incorporate distinctive perspectives such as the benchmarks of citizenship (ius soli, ius sanguinis), human rights, and conscious commitments. Sacrosanct law besides considers the measures of vote based framework, value, and adjust in choosing citizenship status. On the other hand, from the point of see of Islamic law, the concept of citizenship isn't because it were seen from a legal-formal point but in addition incorporates moral and ethical estimations. Islamic law gives heading on the commitments and rights of individuals as parcel of the ummah (the Muslim community), based on Shariah measures such as value ('adl), open welfare (maslahah), and the confirmation of fundamental human rights. Besides, Islamic law considers the rights of non-Muslims interior an Islamic state setting through the concept of "ahl al-dhimmah" (guaranteed people) and the benchmarks of minority rights security. This examine grasps a essential and comparative examination approach to evaluate the resemblances and contrasts between these two perspectives. The revelations illustrate that in show disdain toward of foremost contrasts in their philosophical and methodological bases, both secured law and Islamic law share common goals, to be particular the confirmation of human rights and social value. In any case, contrasts inside the interpretation of these concepts can impact the execution of citizenship approaches in several countries. The think approximately additionally highlights the challenges and openings in coordination Islamic law benchmarks into the framework of display day sacrosanct law, particularly in Muslim-majority countries. At final, the examine proposes the require for more genuinely interest talk to realize a concordant agreeable vitality between secured law and Islamic law in controlling citizenship sensibly and comprehensively.

Muhammad Khaidir Kahfi Natsir; Nurul Chaerani Nur

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This paper discusses in depth the relationship between green constitution and green democracy in the context of environmental protection in Indonesia. In the modern era, environmental issues have become increasingly urgent, especially with the growing threats to ecosystems due to human activities. This research raises several problems, including the lack of public understanding regarding environmental legal norms contained in the 1945 Constitution, as well as the challenges faced in its implementation. The main objective of this research is to explore and analyze the connection between the principles of green constitution as stipulated in Article 28H paragraph (1) and Article 33 paragraph (4) of the 1945 Constitution with the existing environmental policy practices. This study also aims to identify the dynamics influencing the development of environmental protection law in Indonesia and to assess the effectiveness of the policies that have been implemented. The method used in this research is a normative juridical approach with descriptive analysis. Through a systematic literature review, this study examines various legal sources, official documents, and relevant literature related to the theme of green constitution and environmental protection. The findings indicate that although environmental norms have been accommodated in the constitution, significant challenges remain in terms of implementation, including the misalignment between government policies and constitutional mandates. This research concludes that to achieve optimal environmental protection goals, continuous evaluation and oversight of the implementation of existing laws are necessary. Furthermore, closer collaboration between the government, society, and other stakeholders is crucial to ensure that the policies adopted are not merely symbolic but also effective in protecting the environment. Moreover, this study emphasizes the importance of integrating the concept of ecocracy into public policy, which can serve as a guideline in making environmentally conscious decisions. Thus, the protection and management of the environment can be effectively and sustainably realized, creating a safe and healthy environment for future generations.

Ave Maria Stela Mali; Kotan Y. Stefanus; Hernimus Ratu Udju

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The Unitary State of the Republic of Indonesia is a unitary state in the form of a Republic, where the Head of State and Head of Government is the President and assisted by a Vice President in carrying out his duties. The term of office of the President and Vice President according to the 1945 Constitution is 5 years and can be re-elected in the next period. The President and/or Vice President may be dismissed during their term of office for various reasons. This research is a normative juridical research, namely, research conducted by reading works related to the procedure for the dismissal of the President and/or Vice President and the implications of the dismissal of the president and/or deputy in his term of office according to the constitutional system of the Republic of Indonesia. The results of this study show that: (1) The procedure for the dismissal of the President and/or Vice President during their term of office before the amendment of the 1945 Constitution has not been regulated in a limitative manner. Prior to the amendment, the MPR was the highest state institution that had the authority to dismiss the President and/or Vice President during his term of office. After the amendment of the 1945 Constitution, the procedure for dismissing the President and/or Vice President during his term of office has been regulated in Article 7B of the 1945 Constitution. (2) The dismissal of the President and/or Vice President during his term of office has implications for the continuation of the government and the life of the community in the future.

Desty Novita Sari; Erdha Aisha Chandia; Maulida Maulida; Novita Ayu F.W; Andre Ansyah Putra +1 more

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article discusses the relationship between the central and regional governments in the Unitary State of the Republic of Indonesia (NKRI) in the context of regional autonomy. By referring to the 1945 Constitution and Law no. 23 of 2014, this analysis highlights the importance of coordination and supervision between the two entities to achieve effective and efficient government goals. This relationship involves aspects of authority, institutions, finance and supervision, all of which play a role in maintaining the integrity and stability of the government system. In the digital era, new challenges emerge, such as the spread of inaccurate information, which require special attention to ensure fair and inclusive societal participation.

Donny Widianto; Zainal Arifin Hoesein

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The theory of legal positivism plays a crucial role in the development of modern legal thought by emphasizing the importance of written and systematic norms in law enforcement. This approach is based on the assumption that the law is the product of regulations made by state institutions, as stipulated in various laws, including the 1945 Constitution, the Criminal Code (KUHP), and Law Number 12 of 2011 concerning the Establishment of Laws and Regulations. The methodology used in this study is qualitative analysis through literature studies and interviews with legal experts to explore the understanding of the application of positivism theory in legal practice in Indonesia. The results show that although positivism provides a strong framework for legal analysis and supports legal certainty, there are still significant challenges related to the application of the values of justice and morality in the legal system. This study concludes that to achieve social justice, there needs to be an integration between positivism and moral principles in modern legal practice.