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Mustajib Mustajib

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The principle of popular sovereignty is a fundamental foundation of the Indonesian democratic system, as stated in Article 1, Paragraph (2) of the 1945 Constitution. Popular sovereignty emphasizes the importance of the people's right to choose and be chosen in general elections (Pemilu) and regional elections (Pilkada), which serve as the source of legitimacy for a legitimate government. This sovereignty should reflect democratic values that are just and equal. However, in practice, the implementation of popular sovereignty through elections is often tarnished by money politics, which threatens the integrity of democracy itself. This phenomenon indicates a profound distortion of democratic principles, where the election process is more driven by material interests than by political aspirations and ideologies. Money politics not only undermines the quality of elections but also diminishes public trust in the democratic process. This practice allows voters to sell their votes in exchange for money or goods, leading to electoral injustice. It transforms general elections and regional elections from an ideal democratic process into a contest reliant on financial resources, rather than on the quality of the leaders chosen. This article aims to analyze the contradiction between the constitutional ideal of popular sovereignty and the reality of money politics in the administration of general elections and regional elections. This study employs a normative juridical approach with qualitative analysis techniques to explore how current laws have guaranteed the implementation of popular sovereignty. The findings indicate that although the legal framework provides protection for the principle of popular sovereignty, weak law enforcement and the persistent transactional political culture hinder its substantial realization. As a solution, this article recommends several strategic steps, including strengthening regulations to limit money politics, reforming the party system to reduce the dominance of practical politics, and enhancing political education based on democratic values and integrity. With these measures, the principle of popular sovereignty can be more purely and consistently upheld, ultimately strengthening Indonesia’s democratic system to be fair and sustainable.

Wahyu Sinta Dewi Pramudita; Ali Masyhar Mursyid; Cahya Wulandari

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

This study analyzes the dialectic of political interests in the recovery of assets from corruption through the Non-Conviction Based Asset Forfeiture (NCB) mechanism. Using a normative legal approach, the study reveals that NCB is a strategic solution to overcome the limitations of the conventional system, especially in cases where perpetrators flee or have immunity, with the potential to increase asset recovery by up to 40%. Findings indicate that political interests are hindering the enactment of the Asset Forfeiture Bill, despite NCB being mandated by the UNCAC 2003 and proven effective internationally. This study recommends accelerating the legislative process for the enactment of the Asset Forfeiture Bill, which could revolutionize the enforcement of criminal law against corruption in Indonesia

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Afifah Tsalatsatun Nisa; Ratih Setiawati; Arelditya Wahyu Putra Haning

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2025 International Forum of Researchers and Lecturers

Identity politics in Southeast Asia has had a significant impact on the legal and state planning system. The study analyzes how exploitation of religious, ethnic, and ideological identity in politics affects various aspects, including elections, public policies, and law enforcement. The impact includes social and political polarizations, the weakening of the rule of law, discriminatory policies towards minorities, and conflicts between identity politics and human rights international standards. The response in these regions is diverse, ranging from an inclusive approach that emphasizes pluralism to a repressive approach that limits civil liberties. The study highlights the challenges in balancing group interests with the national interests, as well as the need for legal reform and political education to address political threats on stability, justice and democracy in Southeast Asia. This research also recommends harmonizing regulations, strengthening yudiative institutions, and democratic and human rights education as a solution to overcome these problems.      

Hurotun Afifah; Ayang Fristia Maulana

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

Agraria law is the law that regulates relations between people and land and other people. Sudikno Mertokusumo explained that the law, also known as land law, is the interest of people in other people regarding land. According to Subekti, agrarian law is the totality of legal provisions, whether civil, state administration or state administration law, which also regulates authorities that originate from certain relationships. For information, the basis of agrarian law is regulated in Law Number 5 of 1960 concerning basic regulations on agrarian principles or UUPA. In this agrarian law regulation, there are at least seven principles1. These are: the principle of control by the state, the principle of social function, the principle of customary law, the principle of nationality or nationhood, the principle of limiting land ownership for the sake of the public interest, the principle of general planning and the principle of land preservation. From various literature it is known that the history of the birth of the UUPA tells the long history of the struggle of national figures in reducing the impartiality of land law for the benefit of society at large. In the era of reform, the logical consequences between political existence and interests and legal certainty, especially regarding land issues, have become a trending topic that is interesting to discuss. The complexity of land issues in this country is increasingly increasing and complicated, and is exacerbated by friction between interests that are politically charged. Legal politics consists of a series of words politics and law. (Suderto, et., al 1983) explains that politics is used in various meanings, namely: 2 1. The word polik in Dutch, which means something related to the State 2. Means discussing state issues or those related to the State Furthermore, Sudarto emphasized that the meaning of politics is policy which is a synonym for policy. In this sense, the words economic politics, crime, legal politics and criminal law politics are found. The relationship between politics and law, according to (Mahfud et., al 1998) explains that law is a political product. Law is seen as an independent variable (variable influence) and politics as an independent variable (variable influence). With this assumption, Mahfud formulated the law as: 3 Legal policies that will be or have been implemented nationally by the government also include an understanding of how politics influences the law by looking at the configuration of forces behind the creation and enforcement of the law. Here the law is not only seen as articles that are imperative or mandatory, but must be seen as a sum system which in reality is not impossible, in fact it is not impossible which is very much determined by politics, both in the formulation of material and articles and in implementing them.

Vedita Akbar; Nada Prima Dirkareshza; Taufiqurrohman Syahuri

Intellektika : Jurnal Ilmiah Mahasiswa 2024 STIKes Ibnu Sina Ajibarang

Legal politics plays a role in determining the direction of legal policy that must be taken by the government to achieve certain goals. Legal politics is a very important component, one of which is the implementation of existing laws in the country and every policy taken by the government reflects existing political dynamics and the interests of certain groups, thereby affecting the integrity and justice of the existing legal system. The purpose of writing this article is to research further on how the duties and objectives of legal politics are applied to the Indonesian legal system and whether the application of the nature of legal politics is appropriate to the Indonesian legal system. The method used is normative juridical with a statutory and conceptual approach. Legal politics in Indonesia is normative, dynamic, adaptive, pragmatic, progressive, and functions as a tool of social control. However, implementation is often hampered by political interests and lack of consistent implementation. Therefore, there is a need for regular regulatory evaluation, increased transparency of law enforcement, and public participation to create a more responsive and fair legal system.

Fadhly Azhar; Asep Saepudin Jahar; Armai Arief; Muhammad Zuhdi

International Journal of Islamic Educational Research 2024 Asosiasi Riset Ilmu Pendidkan Agama dan Filsafat Indonesia

In Indonesia, conflicts of interest regarding matters of religious education in Indonesia were not unique because the state and community interest groups tend to participate with each other in matters of education. The nation's ideological values and religious principles were interrelated, even experiencing interconnectivity. This conflict only occured in certain sub-sub-communities which had not yet fully reached state policy regarding religious education, where this encourages the politicization of education created by sub-dominant powers if an educational policy was not in accordance with the wishes and interests of the sub-dominant powers. This research aimed to identify and analyze the dynamics of negotiation and accommodation of civil society on Pesantren education policy. This research used a qualitative research approach with a case study method. The results of this research concluded that the involvement of Pesantren Kyai played a role in political interests in history before playing a role in legislative politics as happened in the Pesantren policy. The background to the involvement of Kyai in the Pesantren policy was born from the phenomenon that Kyai enjoyed a high social position since Islam entered Java in carrying out negotiation and accommodation efforts. There were two roles played by Kyai in the legal political constellation of the Pesantren policy. First, the formal role, where in this case the Kyai was a politician who has entered the political system. In this way, Kyai in this case also participates in carrying out party plans and activities, for example serving in the people's representative council, campaigns, work meetings and the like. Second, non-formal roles, in this case the Kyai had more status but then they also tried to approach politics itself. Kyai of this kind, structurally could not be said to be politicians, but socially they had a role in developing political circles.

Irwansyah Irwansyah

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

Negative ambition, thirst for power, which gives birth to fraud in constitutional politics, greed will tend to give birth to authoritarian government, which also facilitates uncontrolled corrupt behavior in all levels of the government system, the result is that corruption becomes a system that is difficult to judge effectively. right in front of the judiciary. The state's ideals which are the legal basis in the Proclamation are only historical, the State's goals as stated in Paragraph IV appear to be subject to multiple interpretations with negative ambitions and a monopoly in the control of natural resources by certain groups. The Constitutional Court has become a bone of contention. because it is considered the last bull of the constitution. The various systems and regulations as the basic foundation in the 1945 Constitution are the reason that it is no longer appropriate to the situation and must be repeatedly amended. The recruitment of State Rulers through the ELECTION system once every five years continues to be changed in a direction that is increasingly widening and even eliminating the true meaning of the goals of a State which is based on the Blessing of God. Almighty. Our constitutional history, which is quite long since the birth of the 1945 Constitution, will continue to be corrected for reasons of adjusting interests. In fact, the state is a tool to achieve the goals of the nation that agreed to form the state with the aim of protecting and ensuring the welfare of the people of that nation. The principles and foundations of the State have been established as the foundation in a state order, but our constitutional problems can only be resolved by changing the law and very minimally changing the concept of human thinking in that Pancasila has become the philosophy and goal of national life. The next question will be whether the Amendment to the 1945 Constitution will continue. carried out to adjust the circumstances of the desires or interests of the State authorities. Conflicts of interest in our state structure must return to the order of religious values ​​in religion which in Islamic psychology is known as Maqashidus syari'ah jurisprudence.