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Constitutional courts serve as guardians of constitutional supremacy through judicial review mechanisms. This study examines the authority and practices of Indonesia's Constitutional Court in comparative perspective with international best practices. Using comparative legal analysis, this research evaluates judicial review systems in Germany, South Korea, South Africa, and the United States to identify effective governance models. The study reveals that while Indonesia's Constitutional Court possesses comprehensive constitutional review authority, challenges remain in enforcement mechanisms, case backlog management, and institutional independence. International best practices demonstrate the importance of clear jurisdictional boundaries, efficient case processing, and robust enforcement powers. The research concludes that Indonesia can strengthen its constitutional court system by adopting selective best practices including streamlined procedures, enhanced enforcement mechanisms, and improved institutional safeguards while maintaining its unique constitutional framework.

Background: Islamic inheritance law represents a critical component of family law systems that extends beyond religious obligations to encompass significant socio-economic implications for asset distribution and intergenerational justice. While Malaysia and Brunei Darussalam have both incorporated Islamic law into their national legal frameworks, their implementation approaches demonstrate fundamental structural and procedural differences that warrant systematic comparative analysis. Objective: This study examines the institutional frameworks and implementation effectiveness of Islamic inheritance law systems in Malaysia and Brunei Darussalam, analyzing how constitutional arrangements and governmental approaches influence the practical application of faraid principles. Methods: This research employs a normative legal methodology utilizing comparative analysis of legal frameworks, institutional structures, and judicial decisions. The study analyzes primary legal sources including constitutional provisions, statutory laws, court decisions, and administrative guidelines from both jurisdictions. Data collection encompassed library research examining fiqh literature, national legislation, official documents, scholarly articles, and religious legal opinions. Theoretical frameworks of legal pluralism (Romano-Gierke), Maqasid al-Shariah, and Hartian legal positivism provide analytical foundations for institutional effectiveness assessment. Results: Malaysia's dual legal system creates jurisdictional tensions between Syariah and civil courts, particularly regarding immovable property administration, resulting in administrative complexity and legal uncertainty that undermines Islamic law effectiveness. Conversely, Brunei's centralized Islamic legal framework demonstrates superior institutional coherence through exclusive Syariah court jurisdiction, enabling direct faraid implementation without inter-court conflicts. The study reveals that approximately RM42 billion in Muslim inheritance remains undistributed in Malaysia due to systematic administrative failures, while Brunei's unified approach achieves greater legal certainty and administrative efficiency. Conclusions: Institutional structures fundamentally determine Islamic inheritance law implementation effectiveness in contemporary Muslim societies. Successful Islamic law implementation requires comprehensive institutional support aligning legal structures with religious objectives rather than mere constitutional recognition. Malaysia's fragmented system inadvertently undermines Islamic law's divine authority through secular intervention, while Brunei's unified approach enhances religious legitimacy and community compliance.

This study explores the role and relevance of Islamic political economy within the context of Indonesia's economic system, particularly in addressing wealth distribution inequality and the fulfillment of basic societal needs. The study employs a qualitative approach with descriptive-analytical methods to examine the relationship between Islamic economic principles such as justice, balance, and social responsibility and national economic policies. The findings reveal a philosophical alignment between Islamic economic values and Indonesia’s foundational principles, especially Article 33 of the 1945 Constitution. However, the implementation of these principles remains limited, often confined to microeconomic aspects like Islamic financial institutions. Islamic political parties play a significant role in advocating for sharia-compliant economic policies but face challenges in reconciling Islamic values with a pluralistic democratic system. The study highlights the need for broader public education, strong political commitment, and digital innovation to fully realize the potential of Islamic economics in building a just, inclusive, and sustainable national economy.

The Constitutional Court (MK) Decision Number 55/PHPU.BUP-XXIII/2025 is an important precedent in the dynamics of regional head election law in Indonesia. The Constitutional Court canceled the participation of the North Gorontalo Regent candidate pair because one of the candidates was still undergoing a criminal probation period. This article analyzes the Constitutional Court's legal considerations and their implications for the principle of legal certainty and protection of voters' constitutional rights. This study uses a normative legal approach with a descriptive-qualitative analysis method of laws and regulations and Supreme Court decisions. The results show that the enforcement of strict nomination requirements by the Constitutional Court emphasizes the importance of compliance with the law in the democratic process, while ensuring that regional head candidates have proper moral and legal integrity, this decision also emphasizes that the election process is not only procedural, but also substantial in ensuring the quality of leadership that will be elected. In addition, this decision provides guidelines for election organizers, especially the General Election Commission (KPU), to be more careful in conducting factual verification of candidate requirements. On the other hand, political parties are encouraged to be more selective in nominating candidates, in order to avoid potential legal disputes that could harm public trust in democracy.

The selection of the head of government is a fundamental aspect of the constitutional system that reflects the political and legal character of a state. Although Indonesia and Malaysia share similar historical roots, they adopt significantly different systems of governance. This study addresses two core issues which are about the structure and mechanism of executive and legislative power, and the impact of the presidential threshold and parliamentary coalition on governmental stability. Using a normative juridical method with statutory and comparative approaches, the findings reveal that Indonesia, under a presidential system, applies a nomination threshold to ensure political stability, yet it may restrict political access. Meanwhile, Malaysia’s parliamentary system is more flexible but vulnerable to instability due to coalition dynamics. This study recommends a reassessment of Indonesia’s presidential threshold for a more democratic process and strengthening of political stability mechanisms in Malaysia.

The right to a decent and healthy environment is explicitly guaranteed under Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia. However, in practice, development policies that prioritize economic growth often neglect environmental sustainability and may even compromise the environmental rights of future generations. This article aims to examine the concept of the constitutional rights of future generations to a sustainable environment within the framework of Indonesian constitutional law, and to evaluate the state's responsibilities in achieving sustainable development based on the principle of intergenerational justice. This study employs a normative juridical approach by analyzing constitutional provisions, statutory regulations, legal doctrines, and relevant decisions of the Constitutional Court. In conclusion, the article recommends strengthening the constitutional dimension of environmental protection through environment-based judicial review, reformulating development policies to ensure intergenerational sustainability, and explicitly recognizing the rights of future generations within the Indonesian constitutional legal framework.

The development of financing practices with fiduciary guarantees in Indonesia often raises legal issues, especially regarding the unilateral withdrawal of credit objects by creditors against defaulting debtors. This action is often carried out without the consent of the debtor or a court decision, thus potentially violating the principles of justice and the principle of due process of law. This research aims to analyze the form of legal protection for debtors in a fiduciary financing agreement. The type of research used is normative juridical with an approach to legislation and court decisions. The results showed that the act of unilateral withdrawal can be categorized as a civil and criminal tort. Therefore, regulatory reform, increased legal literacy, and a fair and humanist dispute resolution mechanism are needed. It is recommended that fiduciary execution be carried out in accordance with legal procedures to protect the debtor's constitutional rights and ensure fairness in contractual relationships.

Inclusive education is an integral part of human rights guaranteed by the constitution and strengthened through various national regulations and international legal instruments. This article aims to analyze the role of law in ensuring access to inclusive education in Indonesia and examine the effectiveness of the implementation of law-based public policies in this field. Using a normative-juridical approach, this study examines legal provisions such as the 1945 Constitution, Law No. 8 of 2016, and Permendiknas No. 70 of 2009, and examines the challenges of implementation at the regional level. The results of the analysis show that although the legal framework is available, the implementation of inclusive education policies still faces various structural, juridical, and cultural obstacles, such as the lack of special tutors, weak supervision, and the lack of synchronization between central and regional policies. Therefore, inclusive, evaluative, and participatory legal policy reforms are needed to realize fair and equal education for all citizens, especially vulnerable groups.

The legal mechanism of bankruptcy relies on the concept of debt, because the absence of debt undermines the fundamental purpose of bankruptcy as a legal institution to liquidate the debtor's assets to satisfy creditors' claims. Debt is the main criterion that must be met in order to be able to apply for bankruptcy, along with additional provisions such as having two or more creditors, as stipulated in Article 2, paragraph (1) of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (Bankruptcy Law). Notaries who have completed the bankruptcy process and are undergoing rehabilitation to improve their good name cannot re-apply to become Notaries. Here, the Notary will lose his/her right to work to carry out his/her position simply because the Notary has or has been sentenced to bankruptcy by the court. This bankruptcy is simply the notary's inability to pay the debt owed to the creditor, not a criminal act. If associated with the provisions contained in the 1945 Constitution of the Republic of Indonesia, namely Article 28 letter d concerning Human Rights which explains that everyone has the right to work and receive fair and proper compensation and treatment in employment relations, the efforts made in this problem are handled in accordance with the law and will be a substantial obligation for the curator. Based on Article 1 number 5 (Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations), it states that a curator is an individual or an estate office appointed by the court to resolve and manage all problems of the bankrupt debtor's assets under the supervision of a supervising judge based on applicable laws. The citation of the law shows the clear jurisdiction of the curator over the debtor's property and assets.

Law constitutes a set of rules that must be obeyed and implemented by every individual. The concept of law-making forms part of the broader meaning of legal politics, serving as a guideline for the governance of the state and the life of society. Law is a necessity for all components of the nation and the state to create security and order, thereby providing a sense of justice. General elections (Pemilu) conducted directly by the people, from the people, and for the people serve as a means of manifesting sovereignty for the state to produce a democratic government based on Pancasila and the 1945 Constitution. The administration of general elections direct, free, universal, and secret must be carried out honestly and fairly, capable of realizing national integration, professionalism, and accountability in order to position the people as the primary holder of sovereignty. This study employs a normative juridical legal research method with a statutory approach and a conceptual approach. The results of this research indicate that the legal concept concerning general elections depends on legal politics, which acts as a determining activity in the pattern and formation of election legislation designed to oversee and renew that law as a determination of politics related to democracy in the country. This study aims to ascertain the impact of the implementation of legal politics in the post-reform general election system and represents an existence of legal politics within Indonesia’s legal enforcement system.

This research aims to determine whether the budget formulation of the Merah Putih Village Cooperative is in accordance with the norms and statutory regulations as stipulated in Law Number 25 of 1992 concerning Cooperatives, particularly in relation to Article 33 paragraph (4) of the 1945 Constitution, which emphasizes the principle of independence in the national economy. The results of this study focus on optimizing the establishment of the Merah Putih Village Cooperative to support the formation of national-scale cooperatives that function not only as savings and loan institutions driving the economy, but also address the challenges and risks that may arise from the establishment of the Merah Putih Cooperative. First, the issue of economic scale is crucial. Operations at the village level are often limited by available resources and market reach. Second, human resource capacity is a determining factor. The management of funds amounting to IDR 3–5 billion requires financial, business, operational, and marketing management skills that are not always present in every village. Experience with Village-Owned Enterprises (BUMDes) shows that one of their main challenges is finding local residents who are truly skilled managers. Third, elite capture or control by local elites can become a bottleneck. In villages with weak governance, influential figures may abuse their authority to control the cooperative for personal gain. Similar occurrences are often found in grant programs from Ministries/Agencies or the private sector, where key individuals dominate and exploit these resources for their own interests. Fourth, the risk of fraud.

This study discusses the legal consequences of the absence of a marriage agreement on marital property according to the Indonesian legal system, especially based on the Civil Code and the Marriage Law No. 1 of 1974. By default, the absence of a marriage agreement leads to the enactment of a system of property union, in which all property acquired during the marriage is considered joint property. This condition has various legal implications, such as the vulnerability of personal property to third-party claims, difficulties in proving ownership of inherited property, and potential conflicts in the division of property in the event of divorce or death of one of the spouses. This study also highlights the difference in the regulation in Islamic law that does not recognize the automatic union of property, but still has the potential to cause disputes if there is no written agreement. The research method used is empirical normative with a qualitative approach, examining positive legal provisions and practices that develop in society. The results of the study show that low public understanding and negative stigma towards marriage agreements are the main factors in the low making of these agreements. The Constitutional Court Decision No. 69/PUU-XIII/2015 which allows the making of agreements during the marriage period expands legal protection, but its implementation still faces challenges. This study recommends the need to increase legal education and socialization on the importance of marriage agreements to provide certainty and fair legal protection for the parties in the institution of marriage.    

The policy of granting Mining Business Licenses (IUP) to universities under Article 51A of the Minerba Bill raises legal, ethical, and sustainability concerns. This study applies a qualitative approach through literature review to examine the provision from the perspectives of Indonesian law and Islamic teachings. The findings reveal that allowing universities to manage mining permits risks diminishing their academic role, compromising scholarly independence, and fostering potential conflicts of interest. From the standpoint of positive law, this policy contradicts the precautionary principle, social justice, and educational objectives enshrined in the 1945 Constitution, the Higher Education Law, and the Environmental Protection Law. In Islamic thought, irresponsible exploitation of natural resources is classified as fasād (corruption), strictly prohibited, as reflected in Hadith No. 479 narrated by Bukhari. The study concludes by rejecting the provision and recommends repositioning universities as guardians of sustainability values rather than participants in extractive industries.

The ethical violation committed by Constitutional Court Justice Anwar Usman in the Constitutional Court Decision No. 90/PUU-XXI/2023 underscores the urgent need to strengthen ethical oversight mechanisms to safeguard the integrity of the judiciary. This article analyzes the ethical breach and its implications for public trust and the legitimacy of the Constitutional Court as the guardian of the Constitution. The research employs a normative legal method with statutory, case, and conceptual approaches. The findings indicate that violations of the principles of impartiality, independence, and integrity not only tarnish the image of individual justices but also erode public confidence in the constitutional justice system. Therefore, systemic reform and greater transparency in the enforcement of judicial codes of ethics are essential to restoring the moral authority and professionalism of Indonesia’s highest judicial institution.

This article discusses the role of sea fences as an instrument of national defense within the framework of the Archipelago Outlook. Sea fences are seen as a strategic line of defense against various threats in Indonesia's maritime territory. With a descriptive-qualitative approach and secondary data from online news, this article reviews the function of sea fences in strengthening the sovereignty and unity of the country's territory. The findings show that sea fences are not only physical, but also geopolitical symbols that internalize the values ​​of Pancasila and the 1945 Constitution.

The current Indonesian legal system recognizes two paths of judicial review, although this division of authority is constitutionally legal, but in practice it raises serious problems. One of them is the inconsistency of decisions between judicial institutions. For example, there is a Supreme Court decision that cancels Regional Regulations that have previously been studied by the Constitutional Court, causing confusion in the application of the law. This not only weakens the principle of legal certainty, but also raises problems in the effectiveness of the judicial system. This study aims to identify the concept of restructuring the ideal regulatory testing mechanism according to the principle of the state of law and the theory of norm hierarchy and analyze the need for restructuring the regulatory testing mechanism in Indonesia from the perspective of legal certainty, justice, and law enforcement effectiveness. The research method used in this study is normative juridical and uses a legislative approach. The results of the study show.  

This study examines the legal conflict between workers' wage claims and state tax obligations in bankruptcy proceedings under Indonesian law, focusing on the constitutional imperative to prioritize workers' rights. The Introduction contextualizes the tension between Article 95(4) of the Labor Law, which mandates wage prioritization, and tax legislation granting precedence to state claims, highlighting the landmark Constitutional Court Decision No. 67/PUU-XI/2013 that affirmed workers' constitutional rights to timely wages. Employing a Method of normative legal research, the analysis integrates statutory and case approaches, reviewing laws on bankruptcy (UU No. 37/2004), labor rights, and taxation, alongside judicial decisions and international frameworks like ILO Conventions No. 100 and 111. Results reveal that while the Constitutional Court’s decision established workers’ absolute priority over tax claims, regulatory disharmony persists due to conflicting provisions in the Tax Law (UU KUP) and the 2020 Job Creation Law (UU Cipta Kerja), which ambiguously subordinates tax claims only to secured creditors. Discussion underscores the necessity for legal synchronization to align labor and tax regulations, ensuring compliance with Gustav Radbruch’s principles of legal certainty and Hans Kelsen’s normative hierarchy. The study advocates legislative reforms to codify workers’ priority in bankruptcy, drawing parallels with Malaysia’s Employment Act 1955 and France’s AGS system, which institutionalize wage protection. By addressing regulatory contradictions, Indonesia can harmonize constitutional mandates with fiscal policies, balancing social justice and economic stability.

An advocate is a legal professional who provides legal services both inside and outside the courtroom based on statutory law. During the Dutch colonial era, legal representation by advocates was extremely expensive, making it accessible only to individuals of high social status. At that time, indigenous people, who were generally impoverished, could not afford legal representation. However, this situation has changed with the enactment of Law No. 16 of 2011 on Legal Aid. This law guarantees the constitutional right of every individual to receive free and quality legal assistance, especially for underprivileged communities, through Legal Aid Posts (Posbakum). Advocates working at Posbakum help marginalized individuals understand their rights, provide legal consultations, and prepare essential legal documents.

The specific minimum sentence in corruption crimes aims to provide a deterrent effect and guarantee legal certainty. However, after the Constitutional Court Decision No. 25/PUU-XIV/2016, there has been a shift in the sentencing paradigm, where judges are given discretionary space to consider substantive justice even though the minimum sentence provisions still apply. This study uses a normative juridical method with a statutory regulatory approach and case studies, and is analyzed using the ASTACITA framework. The results of the study show that the Constitutional Court's decision strengthens the independence of judges but also opens up the potential for disparity in sentencing and legal uncertainty, especially in cases involving justice collaborators. This study emphasizes the importance of a balance between legal certainty and substantive justice, as well as the urgency of national sentencing guidelines to prevent deviations in discretion. ASTACITA is used as a normative basis in measuring the proportionality and accountability of sentencing in the corruption criminal law system in Indonesia.

In the modern legal system, Deoxyribonucleic Acid (DNA) testing has become an important tool in the resolution of criminal and civil cases in Indonesia. The use of DNA can assist in determining blood relations, uncovering sexual abuse cases, and proving involvement in other crimes. Nonetheless, there are various legal issues that arise regarding the collection of DNA specimens without the consent of the sample owner. In Indonesia, although there are personal data protection regulations such as the Health and Population Administration Law, there are no specific provisions regarding the legality of unauthorized DNA sampling. This creates uncertainty in the legal system, especially in terms of evidence being recognized in court. Unauthorized DNA sampling can violate an individual's right to privacy guaranteed by the 1945 Constitution and the Criminal Procedure Law. This potentially makes DNA test results inadmissible as valid evidence in court. Therefore, this study aims to analyze the legality of the practice of unauthorized DNA sampling and its impact on the legal evidentiary system in Indonesia. The study also highlights the importance of medical ethics and legal protection of privacy in determining the validity of DNA evidence in judicial proceedings. It also explores the role of medical ethics and privacy law in determining the validity of DNA test results in the judicial process, and provides recommendations for clearer regulations regarding DNA sampling procedures.