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Indonesia’s diversity is a valuable asset that must be wisely managed to prevent potential conflicts. Article 29 Paragraph 2 of the 1945 Constitution guarantees freedom of religion, in line with Islamic teachings on tolerance. Ma’had Al-Zaytun serves as an example of an Islamic educational institution that instills Islamic and national values in a moderate and inclusive manner, shaping students to live harmoniously within a pluralistic society. This study aims to determine the role of Ma’had Al-Zaytun in shaping attitudes of tolerance based on Article 29 Paragraph 2 of the 1945 Constitution and Islamic Law. The research employs a descriptive approach with a library research method. Primary data were obtained from Article 29 Paragraph 2 of the 1945 Constitution and Hukum Islam by Sofyan Hasan, while secondary data were derived from journals, theses, dissertations, documents, and previous relevant studies. The results show that Ma’had Al-Zaytun plays an important role in fostering tolerance through two perspectives. Based on Article 29 Paragraph 2 of the 1945 Constitution, Al-Zaytun creates an educational environment that values diversity through curriculum design, exemplary teachers, social activities, and intercultural dialogue. From the perspective of Islamic Law, tolerance is reflected through the preservation of religion and intellect, emphasizing peace, respect for other religions, and freedom of thought and dialogue. The combination of these perspectives produces students who are religious, open-minded, and socially responsible in a pluralistic national life.

Constitutional Court Decision Number 121/PUU-XXII/2024, which eliminates the Civil Service Commission (KASN) and transfers its duties to the National Civil Service Agency (BKN) as the new institution responsible for supervising the merit system, has generated significant concerns regarding the autonomy and effectiveness of internal bodies that are often viewed as underperforming. Based on a normative analysis grounded in relevant legal principles and theoretical frameworks, this ruling is seen as creating a gap in the oversight mechanism intended to safeguard the neutrality and integrity of the state civil apparatus. The shift in authority also introduces the potential for overlapping responsibilities that conflict with the fundamental doctrine of checks and balances. Such structural inconsistencies may weaken the supervision of civil service behavior and reduce the accountability expected from government institutions. Ultimately, these issues risk diminishing public confidence in the state apparatus, as the absence of an independent oversight body can hinder efforts to ensure professionalism, fairness, and ethical conduct within the ASN system.

This study analyzes the role of constitutional courts in maintaining the rule of law through a comparative study between the Constitutional Court of Indonesia and the Federal Constitutional Court of Germany (Bundesverfassungsgericht). Using a juridical-normative approach with comparative methods, the research examines legal documents, court decisions, and academic literature related to the rule of law and constitutionalism. Secondary data were sourced from scientific journals, laws, and key court decisions, including the Lüth Case (1958), Brokdorf Case (1985), and Lisbon Treaty Case (2009) in Germany, as well as Indonesia's Constitutional Court Decision No. 91/PUU-XVIII/2020 on the Job Creation Law. The study shows that both countries consider the constitution as the highest norm and position their constitutional courts as guardians of the rule of law. However, Germany’s court enjoys high compliance, whereas Indonesia faces challenges due to weak legal culture, political intervention, and low integrity in law enforcement. The German court has developed the living constitution doctrine, while Indonesia remains more formalistic and reactive. This study concludes that the success of constitutional courts depends on institutional independence, compliance by state institutions, and a societal legal culture that respects the constitution.

This study discusses the shift in the meaning of delinquency in Articles 2 and 3 of the Corruption Crime Law (Corruption Law) which has an impact on law enforcement for corrupt perpetrators. In practice, the element of state losses must be clearly proven so that the perpetrator can be held criminally responsible. However, there is a phenomenon of corrupt perpetrators who return state losses to obscure the elements of loss as stipulated in Article 2 of the Corruption Law, so that they have the potential to escape criminal snare. This research uses a qualitative method with a descriptive analysis approach, through literature studies and studies of the Constitutional Court Decision Number 25/PUU-XIV/2016. The results of the study show that the basis of the applicants' application in the decision is divided into four aspects, namely the authority of the Constitutional Court, the legal standing of the applicant, the object of the application, and the reason for the application. The Constitutional Court judge in the decision considered three main aspects, namely the authority of the Constitutional Court, the legal standing of the applicant, and the subject matter of the application. The judge's legal considerations emphasized that the phrase "may" in Article 2 paragraph (1) and Article 3 of the Corruption Law caused legal uncertainty, so that the nature of the offense in the two articles changed to a formal offense. This has an impact on uncertain and fair legal protection for applicants and has serious implications for law enforcement of corruption crimes in Indonesia.

The death of Diplomat Arya Daru has opened up a space for reflection on the extent to which the state has fulfilled its investigative obligations to guarantee the right to life and the right to truth, as fundamental human rights. The delay and secrecy of the investigation indicate institutional accountability issues and weak mechanisms for protecting the rights of victims and their families. This study uses a doctrinal legal approach to examine the state's position through the perspectives of positive obligations theory and distributive justice, which emphasize the state's active obligation to protect, disclose, and restore citizens' basic rights. The analysis shows that the lack of transparency in the investigative process not only violates the principle of justice but also reflects inequality in the distribution of legal protection. The state should ensure that justice does not stop at the formal level but is realized through transparent, independent investigations based on factual truth. In the context of human rights, the state's passive attitude towards alleged violations of the right to life can be interpreted as a denial of its constitutional and moral responsibilities. This study emphasizes that fulfilling the right to truth is an integral part of distributive justice and is non-negotiable. Thus, the Arya Daru case is an important indicator for assessing the state's seriousness in realizing a legal system that is just, accountable and oriented towards respecting human dignity.

This study discusses Ahmad Muhammad Mustain Nasoha’s perspective on Human Rights (HAM) and the Democratic Rule of Law, emphasizing the relationship between national law and Islamic law in ensuring human dignity and justice. Using a qualitative method and literature study approach, this research analyzes the interaction between citizenship, human rights, and democracy within Indonesia’s legal framework. The study reveals that both national and Islamic law aim to protect individual rights and maintain justice, though they differ in philosophical foundations and application. National law defines citizenship and human rights through constitutional and legal frameworks, while Islamic law bases them on divine principles emphasizing moral and social responsibility. The integration of these two legal systems is essential to realize a democratic state that upholds human values, social justice, and equality. The study concludes that harmonizing Islamic law with Indonesia’s national law strengthens the implementation of human rights and supports the development of a just and democratic legal state.

The Rp 300 trillion tin trade mega-corruption case is one of the largest corruption scandals in the history of Indonesian natural resource management. This study aims to analyze violations of Pancasila principles and ethical governance in the tin trade mega-corruption case, and to identify threats to Indonesian natural resource management. The study uses a qualitative approach with descriptive methods. Data were collected through documentary studies of law enforcement reports, government documents, media reports, and related literature. Data analysis was conducted thematically within the theoretical framework of Pancasila, good governance, and public ethics. The findings indicate that this case violates all of Pancasila's tenets, particularly the second (Just and Civilized Humanity) and fifth (Social Justice for All Indonesian People). There were violations of governance principles including transparency, accountability, participation, the rule of law, and effectiveness. The modus operandi involved collusion between business actors, state officials, and law enforcement officers. The mega-allegations reflect a systemic failure in natural resource management that contradicts the constitutional mandate and Pancasila values. Structural reforms are needed in mining governance, enforcement of the integrity of the apparatus, and public participation in supervision.

Local Own-Source Revenue (PAD) serves as a vital instrument in supporting regional independence and public welfare. For decades, the Land and Building Tax (PBB) has been one of the primary sources of local revenue; however, excessive dependence on PBB is considered less effective in promoting equitable economic development and enhancing citizens’ economic rights. Forcing PBB increases of hundreds of percent, as has recently occurred in a number of regions such as Pati Regency, Central Java, and dozens of other regions amid the current difficult economic situation, has invited criticism and protests. This policy has been accused of violating human rights. For this reason this study aims to analyze the urgency of exploring alternative local revenue sources beyond PBB, such as local taxes, public service retributions, management of regional assets, and innovative revenue models based on local potential. The research uses a qualitative approach through literature review and fiscal policy analysis at the regional level. The findings indicate that diversification of local revenue sources can strengthen regional fiscal capacity, improve public service delivery, and foster broader community economic participation. By sustainably and transparently developing local potential, local governments can not only enhance community welfare but also uphold the principle of economic justice as mandated by the Constitution. Therefore, optimizing local revenue sources beyond PBB represents a strategic step toward inclusive and equitable regional economic independence.

This study examines the transformation of Prophet Muhammad’s concept of governance within the framework of Islamic Constitutional Law and its relevance and implementation in Indonesia’s modern governmental system. The governance established by the Prophet in Medina laid the foundation of a state order grounded in monotheism, justice, consultation, and the rule of law. These principles reflect the essence of Islamic governance that upholds morality, equality, and social responsibility. This research employs a qualitative approach using normative-historical methods by exploring classical and constitutional Islamic sources such as the Medina Charter, the Qur’an, and Hadith, then comparing them with Indonesia’s constitutional principles as embodied in the 1945 Constitution. The findings indicate a strong alignment between the values of Prophet Muhammad’s governance and Indonesia’s constitutional system, particularly in aspects of social justice, people’s participation, and respect for the law. Nonetheless, differences exist in terms of the foundation of power legitimacy and the source of legal authority. The study concludes that the governance model of Prophet Muhammad can serve as a moral and ethical reference for strengthening modern Indonesian governance without altering the democratic principles of Pancasila. Thus, the universal values of Islamic governance remain relevant and adaptable to the modern state context..

The ambiguity of the concept of state economic loss in Article 2 paragraph (1) and Article 3 of the Corruption Crime Law (Tipikor Law) has yet to be defined normatively or by an official institution with the authority to do so. This uncertainty has given rise to legal problems in law enforcement, especially after Constitutional Court Decision No. 25/PUU-XIV/2016, which changed the qualification of corruption offenses to material offenses, so that the proof of economic loss to the state must be actual loss. However, in practice, as in the Surya Darmadi corruption case, law enforcement officials still face difficulties in determining the measure and method of proving economic loss to the state in a lawful manner. The issues in this study are the basis for the judge's consideration of the element of economic loss to the state in the Central Jakarta District Court Decision No. 62/Pid.Sus-TPK/2022/PN.Jkt.Pst and the obstacles and constraints in proving the element of economic loss to the state in criminal acts of corruption.This study uses a normative legal method with a statute approach, a case approach, and a conceptual approach. The results of the study show that the first-level panel of judges assessed that environmental damage and the loss of potential state revenue due to the illegal conversion of forest areas were part of the actual economic loss to the state, while the Supreme Court emphasized the importance of limiting this element to actual loss in accordance with Constitutional Court Decision No. 25/PUU-XIV/2016. The obstacles and constraints in proving the element of state economic loss in corruption crimes stem from internal and external factors that are interrelated and affect the effectiveness of law enforcement.

This study examines the complex issue of citizenship in interfaith marriages within Indonesia’s legal and human rights framework. The problem arises from the absence of explicit provisions in national law regarding the civil registration and citizenship consequences of marriages between individuals of different religions. This legal ambiguity often results in unequal recognition, difficulties in registering children’s citizenship, and broader implications for the right to identity. The research aims to analyze how Indonesian marriage law, administrative population law, and judicial interpretations interact with international and constitutional human rights principles. Using a normative juridical method combined with case study analysis and doctrinal review, this study identifies legal inconsistencies between national regulations and the principle of non-discrimination guaranteed under human rights law. The findings indicate that judicial practices, such as post-SEMA No. 2 of 2023 rulings, show a gradual shift toward balancing legal certainty with human rights protection, although disparities persist across jurisdictions. The study concludes that reform is required to clarify the status of interfaith marriages and to protect the citizenship rights of all parties involved, including children. It recommends that legislators harmonize marriage and citizenship laws with constitutional mandates and human rights instruments to ensure equality before the law, legal certainty, and respect for individual freedoms.

This study explains the relationship between law, legal science, and regulations in building a national legal system that is effective, fair, and responsive to societal needs. As a state based on the rule of law, Indonesia utilizes law as the basis for regulating all aspects of national and state life. Legal science plays a crucial role as a guide in the law-making process, from planning, drafting, deliberation, ratification, and evaluation. This study uses a normative juridical approach by studying various legal theories, such as the Stufenbau des Recht (The Law of Law) by Hans Kelsen and Hans Nawiasky, the theory of law as a tool for community development by Roscoe Pound, and the principles contained in Law Number 13 of 2022 concerning the Formation of Legislation. The results show that legal quality is highly dependent on the application of legal science principles, such as clarity of purpose, transparency, and public participation. However, challenges remain, such as poor coordination between institutions, low-quality academic papers, and minimal public participation in the legislative process. Therefore, the consistent application of legal science is essential to produce legal products that are consistent, non-contradictory, and capable of guaranteeing justice and legal certainty. In conclusion, collaboration between law, legal science, and legislation is key to creating a democratic national legal system based on Pancasila and the 1945 Constitution.  

Indonesia is a pluralistic country with diverse religions, races, ethnicities, and customs, making freedom of expression an essential right protected by law. Article 28E of the 1945 Constitution guarantees every citizen the right to freely express their beliefs and opinions. From the perspective of fiqh Siyasah Dusturiyah (Islamic constitutional politics), freedom of expression is a right that must be safeguarded by the state as long as it aligns with the principles of deliberation and does not contradict Islamic law. This study aims to examine the freedom of expression of Syaykh Al-Zaytun in light of Siyasah Dusturiyah and Article 28E of the 1945 Constitution. The research uses a normative juridical approach with primary data sources including the Constitution and the book Ilmu Hukum dalam Simpul Siyasah Dusturiyah by Ali Akhbar Abaib Mas Rabbani Lubis, as well as secondary sources such as books, journals, documents, and legal regulations. The findings indicate that Syaykh Al-Zaytun’s freedom of expression is permissible under both perspectives, provided certain conditions are met: it must comply with Islamic law and national law, uphold public interest, cause no harm, and be accompanied by social responsibility. Syaykh Panji Gumilang’s views should be understood as part of public discourse, not hate speech, as they aim to foster nationalism and the common good.  

Based on the Constitutional Court Decision Number: 46 PUU-VIII/2010, Article 43 Paragraph (1) of the Marriage Law states that a child born outside of marriage has a civil relationship with their mother and her family, as well as with the man as their father, which can be proven by science, technology, and/or other legal evidence. The child also has a blood relationship, including a civil relationship with the father's family. Inheritance for an illegitimate child through a will is allowed, but it often causes disputes as it is considered to harm the inheritance rights of legitimate children. This study aims to analyze the resolution of inheritance disputes between an illegitimate child who receives a will and a legitimate child according to civil law, as well as the legal protection of an illegitimate child in disputes with a legitimate child. The method used is normative juridical research with a literature study, using primary, secondary, and tertiary legal sources. The approaches used include the Statutory Approach, Conceptual Approach, Analytical Approach, and Case Approach. The research results show that the dispute resolution starts with a non-litigation route through deliberation, but if unsuccessful, the illegitimate child resorts to the contending method to defend their inheritance rights. The researcher recommends amendments to Article 874 of the Civil Code to grant the right to a will for an illegitimate child as long as it does not exceed the legitime portie, and to create codification related to marriage property law and wills.

This study aims to analyze the role of the Regional People's Representative Council (DPRD) in supervising the implementation of road infrastructure development programs in Bintan Regency. Using a qualitative approach based on literature studies, this study examines how the DPRD carries out its supervisory function to ensure transparency, efficiency, and accountability in the implementation of infrastructure projects. The results of the study show that although the DPRD has a constitutional mandate to carry out supervision, its implementation still faces various challenges. These challenges include limited competent human resources, weak political will to follow up on supervisory findings, and suboptimal coordination between the executive and the legislature. This condition has an impact on the effectiveness of supervision and the quality of infrastructure development that has not fully met the principles of good governance. This research emphasizes the importance of increasing the institutional capacity of the DPRD through training, strengthening regulations, and utilizing information technology. In addition, public participation in the supervision process also needs to be increased as a form of constructive social control. Thus, the DPRD's supervision of infrastructure development can run more effectively and contribute to the creation of sustainable, transparent, and accountable regional development.

Indonesia has long demonstrated its solidarity with the Palestinian people as a reflection of its free and active foreign policy and commitment to human rights. This study aims to examine how Indonesia’s stance toward the humanitarian crisis in Gaza embodies the principles of a free and active foreign policy and aligns with the human rights values enshrined in the 1945 Constitution and the Universal Declaration of Human Rights. Using a normative juridical approach, this research analyzes relevant laws, policies, and official government statements. The findings show that Indonesia’s support for Palestine is not a form of political alignment, but rather a moral expression of justice and humanity. Through active diplomacy, humanitarian assistance, and participation in international forums, Indonesia consistently promotes peace and the enforcement of international humanitarian law. Thus, Indonesia’s position reflects a balance between the principles of a free and active foreign policy and the universal protection of human rights.

The dynamics of the positions of DPR members cannot be separated from the political activities of lame ducks. However, the lame duck era became problematic because the DPR's legislative activity suddenly increased rapidly towards the end of its term. This increase was accompanied by the controversial passing of a number of bills. This study will examine the urgency of the need for change and the formation of new laws during the lame duck era and the dynamics of the legislative process during the lame duck era of political leadership in Indonesia, using doctrinal research with a legislative and conceptual approach. Based on the research results, it is known that changes and the formation of new laws during the lame duck era lack urgency but will have a negative impact on the quality of legislation and public trust in the government. The dynamics of the legislative process during the lame duck era of political leadership in Indonesia can be reflected in the formation of the fourth revision of the Constitutional Court Bill and the Law on State Ministries. Furthermore, since the first level of deliberation, the process has been closed and rushed without significant public participation. Moreover, Indonesia is currently in a transitional position towards a new government. Therefore, no new regulations should be enacted during this transitional period, as the drafting of the Constitutional Court Bill fails to meet the philosophical, sociological, and legal requirements. Furthermore, the enactment of the State Ministry Law has also sparked controversy, ranging from its substance to its procedural basis.

The formation of regional regulations (Perda) is a constitutional derivative of the implementation of regional autonomy within the framework of the Indonesian legal system. Substantively, Perda function as regulatory instruments aimed at accommodating the specific interests of local communities, in line with fundamental values, contextual needs, and the hierarchy of applicable laws and regulations. However, the high frequency of annulment or cancellation of Perda indicates dissonance or non-compliance with the principles of sound legislative formation. This phenomenon raises the urgency to review the extent to which philosophical, sociological, and legal foundations have been internalized and comprehensively implemented in the regional legislative process. Therefore, this study focuses on analyzing the relevance of these three fundamental foundations to the quality and legitimacy of regional legal products. This study adopts a normative-juridical legal research method, involving descriptive analysis of the corpus of laws and regulations, legal doctrine, and the empirical practice of Perda formation. The results highlight that: the philosophical foundation provides a normative orientation in the form of ethical-teleological values ​​and goals; the sociological foundation reflects the actual needs and social realities of the communities subject to regulation; Meanwhile, the legal basis guarantees formal legality and vertical and horizontal consistency with the national legal system. Key findings indicate that these three foundations are inherently relevant and complementary in determining the quality of regional regulations. Synergy and harmonious integration between them are essential prerequisites for producing regional legal products that have legal validity, are capable of upholding substantive justice, and are responsive to the dynamics of public needs.  

This research aims to analyze Indonesia's presidential system of government through mechanisms of popular control over the president. In a presidential system of government, the president holds full executive power, separate from the legislative and judicial branches. This power must be balanced with strong control mechanisms to prevent abuse of power. One important form of oversight that often receives insufficient attention is direct popular control over the president. The method employed in this research is a juridical-normative method with statutory and conceptual approaches, supported by primary and secondary legal sources, with legal materials collected through literature study. The findings of this research indicate that mechanisms of popular control over the president remain weak, both through legal and political instruments. The impeachment mechanism stipulated in Article 7A of the 1945 Constitution of the Republic of Indonesia is extremely complex. Meanwhile, the oversight function of the House of Representatives (DPR) as the people's representative also does not operate optimally due to the dominance of oversized coalitions, which cause parliament to tend to favor the government. Strengthening popular control functions is not intended to weaken presidential power, but rather to ensure that executive power operates in an accountable and transparent manner while remaining subject to the principle of popular sovereignty, so that Indonesia's presidential system becomes more democratic and enjoys strong legitimacy in the eyes of the people.

This research discusses the Constitutional Court Decision Number 90/PUU-XXI/2023 regarding the minimum age requirement for presidential and vice-presidential candidates as stipulated in Article 169 letter q of Law Number 7 of 2017 concerning General Elections. In that decision, the Constitutional Court ruled that the age limit of 40 years remains in effect, but with an exception for candidates who are not yet 40 years old but have previously or are currently serving as regional heads. This research employs a normative juridical method with legislative and conceptual approaches, analyzing primary legal materials such as the 1945 Constitution, Election Law, and Constitutional Court decisions, supported by secondary legal materials from academic literature and journals. The research findings indicate that the Constitutional Court's considerations are based on the principles of citizens' constitutional rights, open legal policy, and the idea of leadership experience as an alternative age requirement. This decision has positive implications, including opportunities for leadership regeneration and increased political participation by young people, but it also draws criticism for its potential to discriminate against non-regional leaders and create political suspicion. Therefore, a revision of the Election Law is needed to clarify the legal norms resulting from the Constitutional Court's decision so that it does not lead to multiple interpretations and maintains the principle of equality. This research concludes that the Constitutional Court's decision is an opportunity to strengthen democracy, but also a challenge in ensuring constitutional justice in Indonesia.