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This study aims to gain an in-depth understanding of the legal reasoning used by judges in the Administrative Court (PTUN) in annulling State Administrative Decisions (KTUN), as well as to examine the legal implications for the parties involved and the overall system of government administration. This research employs a normative juridical method with three approaches: statutory, conceptual, and case approaches. The analysis was conducted qualitatively by studying reference books and reviewing court decisions. The study shows that the annulment of KTUN by PTUN judges is based on three important factors, namely lack of authority (ultra vires), procedural defects, and substantive defects in the decision. In addition, violations of the General Principles of Good Governance (AUPB), such as the principles of legal certainty, prudence, and proportionality, also constitute important considerations for judges. In the judicial process, judges not only consider the formal aspects of the law, but also take into account substantive justice in order to protect citizens’ rights from improper governmental actions. The implications of the annulment of KTUN include the restoration of the plaintiff’s rights through the process of restitutio in integrum, the obligation of administrative officials to revoke or correct the issued decision, as well as the potential impact on third parties involved in the decision. In general, the annulment of KTUN serves as a legal control mechanism over government administration while also encouraging the realization of good and transparent governance within a state governed by the rule of law.

This study discusses the reform of criminal law regarding acts of abuse of power within the Indonesian legal system. Abuse of power committed by public officials constitutes a serious violation of the rule of law and the principle of equality before the law because it can harm society and weaken public trust in the government. The old Criminal Code inherited from the colonial era was considered incapable of providing an optimal deterrent effect against perpetrators of abuse of authority. Therefore, the enactment of Law Number 1 of 2023 concerning the New Criminal Code became an important step in the reform of criminal law in Indonesia. This study aims to analyze criminal law reform policies in overcoming abuse of power and the effectiveness of their implementation in law enforcement. The results show that the new Criminal Code expands regulations regarding abuse of authority with stricter criminal sanctions and additional penalties in the form of revocation of office rights. However, its implementation still faces challenges such as political intervention, low integrity of law enforcement officials, and the potential overlap with the Corruption Eradication Law. Therefore, the success of criminal law reform requires the support of legal substance, legal structure, and legal culture that work in harmony.

This study analyzes the regulatory gaps in digital forensics regarding the handling of natural resource crimes and the state’s constitutional responsibilities following the enactment of Law No. 1 of 2024. Modern natural resource crimes, such as illegal logging and illegal mining, have evolved to leverage digital technology, leaving complex electronic traces in the form of GPS data and digital documents. However, Indonesia still faces procedural gaps in the Criminal Procedure Code (KUHAP), unclear technical standards (SNI 27037:2014 is voluntary in nature), and conflicts between the Information and Electronic Transactions Law (UU ITE) and sectoral NRE laws. This normative legal study employs legislative, conceptual, and case-based approaches. The research findings indicate that the absence of digital forensic authentication standards has fatal implications, as evidenced by the Sidoarjo District Court Decision No. 488/Pid.B/2024/PN Sda, which rejected electronic evidence. This situation constitutes state negligence (staatsverzuim) that violates Article 1(3) and Article 33(3) of the 1945 Constitution of the Republic of Indonesia. The study recommends the development of standard digital forensic procedures, the acceleration of ISO/IEC 17025 laboratory accreditation, and the harmonization of sectoral regulations

This study aims to analyze the relationship between legal compliance and the internalization of the constitution in strengthening the concept of the rule of law through a constitutional rights approach and the theory of Islamic Sociological Jurisprudence. The main issue addressed is the low level of legal compliance, which is often caused by a weak understanding and internalization of constitutional values in society. This research employs a normative juridical method with conceptual and sociological approaches, supported by an analysis of Islamic legal theory that emphasizes the interconnection between legal norms, social values, and morality. The findings indicate that legal compliance does not solely depend on formal law enforcement mechanisms, but also on the process of internalizing constitutional values as part of public legal awareness. The constitutional rights approach positions individuals as primary subjects who possess awareness of their rights and obligations, while the theory of Islamic Sociological Jurisprudence reinforces the moral and social dimensions in the formation of legal compliance. The integration of these two approaches can create a legal system that is not only normative in nature but also responsive to the social and religious values of society. Therefore, strengthening the rule of law requires a comprehensive strategy through legal education, the internalization of constitutional values, and the enhancement of moral awareness based on Islamic principles. This study is expected to contribute both theoretically and practically to the development of integrative and contextual legal studies in Indonesia.

This article aims to reconstruct legal awareness and social justice in the context of a contemporary rule of law through the integration of economic law, digital law, civil law, criminal law, and constitutional law within the framework of citizenship rights and Islamic Sociological Jurisprudence Theory. The main problem of this research stems from the fact that the development of the modern legal system tends to be sectoral, formalistic, and not fully responsive to social change, unequal access to justice, and digital transformation that affects the relationship between citizens and the law. This research uses a normative legal research method with a conceptual, legislative, and sociological approach. The results of the study indicate that legal awareness is not simply understood as formal compliance with norms, but must be developed as a substantive awareness oriented towards social justice, protection of citizenship rights, and public welfare. From the perspective of Islamic Sociological Jurisprudence, law is positioned not only as a regulatory instrument, but also as a means of social transformation based on the values ​​of justice, moral responsibility, and siding with the interests of society. Integration across legal branches is crucial for the legal system to more comprehensively address issues related to economics, digitalization, civil relations, criminal enforcement, and state governance. Therefore, the reconstruction of legal awareness must be directed toward establishing a legal paradigm that is integrative, humanistic, adaptive, and socially just.

The president's prerogative is a form of power inherent in the president's position as head of state. One form of this prerogative is the granting of abolition, which is the abolition of legal proceedings against a person or group of people who are or will undergo judicial proceedings. However, in its implementation, the president's authority to grant abolition is not absolute, but is limited by the applicable legal provisions and constitutional mechanisms. This study aims to analyze the limits of the president's power in exercising the prerogative in the form of abolition and review the juridical aspects that govern the procedure and its considerations. The research method used is normative juridical research with a statutory approach and a conceptual approach. Data sources are obtained from relevant laws and regulations, legal literature, and scientific works. The results of the study show that the president's authority in granting abolition is regulated in Article 14 paragraph (2) of the 1945 Constitution of the Republic of Indonesia, which requires the president to pay attention to the considerations of the House of Representatives (DPR). Thus, this authority is not an absolute prerogative, but is limited by the principle of checks and balances in the Indonesian constitutional system. The conclusion of this study emphasizes that the restriction is a form of constitutional supervision over the use of presidential power to remain in line with the principles of the rule of law and constitutional democracy

Abstract. The right to health is an integral part of human rights guaranteed by the Constitution and further reinforced by Law Number 17 of 2023 on Health, which places the state as the party responsible for ensuring the provision of safe, high-quality, and non-discriminatory health services for all citizens. However, in practice, the fulfillment of the right to health continues to face various challenges, particularly in the delivery of health services for participants of BPJS Kesehatan. This study aims to analyze the legal protection of the right to health in Indonesia and to examine the refusal of medical services to BPJS patients that resulted in death in Papua from a human rights perspective. The research employs a normative legal research method using statutory, conceptual, and case approaches. The findings indicate that although the national legal framework has clearly regulated the obligations of the state and health care facilities in providing emergency services, its implementation remains weak due to administrative barriers, unequal access to health services, and inconsistent law enforcement. The refusal of medical services to BPJS patients in Papua reflects a tension between hospitals’ administrative compliance and the professional obligation of medical personnel to save human lives. The implications of this study emphasize the need to strengthen supervision, ensure consistent law enforcement, and improve health service governance so that the right to health is truly protected as part of human dignity within the Indonesian rule of law. 

The revocation of business licenses by the President of the Republic of Indonesia against 28 companies proven to have violated forest utilization regulations signifies a shift in environmental law enforcement from a predominantly punitive criminal approach to preventive administrative measures. This article aims to analyze the legal basis of the President’s authority to revoke business licenses related to natural resource utilization, to position license revocation as an instrument of environmental law enforcement within Indonesia’s legal system, and to assess its implications for environmental protection and legal certainty for business actors. This study employs a normative juridical research method using statutory and conceptual approaches. The findings indicate that Presidential license revocation possesses juridical legitimacy within the framework of the rule of law and environmental and forestry legislation. Nevertheless, the implementation of such a policy requires clear administrative procedural standards to ensure legal certainty and to prevent potential abuse of power. This article concludes that license revocation can function as an effective environmental law enforcement instrument provided that it is accompanied by adequate oversight mechanisms and due process of law.

Good governance has become a crucial framework for improving public sector effectiveness, accountability, and responsiveness to citizens’ needs. In Indonesia, decentralization policies since 1999 have devolved significant authority and resources to local governments, creating both opportunities and challenges in implementing good governance principles. This study examines administrative reform efforts in Indonesian local governments, focusing on progress, challenges, and key success factors. Using a multiple case study design, the research analyzed reform initiatives in six district/city governments with diverse contexts. Data were collected through document analysis, semi-structured interviews with government officials, civil society representatives, and citizens, as well as direct observation of administrative processes conducted between March and November 2024. The study assessed six core principles of good governance: participation, transparency, accountability, effectiveness and efficiency, equity and inclusiveness, and rule of law. The findings reveal variations in implementation across regions, with high-performing governments demonstrating strong leadership commitment, systematic planning, active citizen engagement, and effective monitoring mechanisms. However, challenges persist, including limited capacity, bureaucratic resistance, weak accountability enforcement, and low public participation. Key success factors include visionary leadership, capacity development, strategic partnerships, and institutional strengthening. Policy recommendations emphasize enhancing local capacity, accountability systems, citizen participation, and performance evaluation. Good governance has become a crucial framework for improving public sector effectiveness, accountability, and responsiveness to citizens’ needs. In Indonesia, decentralization policies since 1999 have devolved significant authority and resources to local governments, creating both opportunities and challenges in implementing good governance principles. This study examines administrative reform efforts in Indonesian local governments, focusing on progress, challenges, and key success factors. Using a multiple case study design, the research analyzed reform initiatives in six district/city governments with diverse contexts. Data were collected through document analysis, semi-structured interviews with government officials, civil society representatives, and citizens, as well as direct observation of administrative processes conducted between March and November 2024. The study assessed six core principles of good governance: participation, transparency, accountability, effectiveness and efficiency, equity and inclusiveness, and rule of law. The findings reveal variations in implementation across regions, with high-performing governments demonstrating strong leadership commitment, systematic planning, active citizen engagement, and effective monitoring mechanisms. However, challenges persist, including limited capacity, bureaucratic resistance, weak accountability enforcement, and low public participation. Key success factors include visionary leadership, capacity development, strategic partnerships, and institutional strengthening. Policy recommendations emphasize enhancing local capacity, accountability systems, citizen participation, and performance evaluation.

The reform of Indonesia’s criminal law through Law Number 1 of 2023 concerning the Criminal Code (KUHP) marks a fundamental shift in the national criminal justice system, particularly through the formal recognition of the living law as law that lives within society. This article analyzes the correlation between living law and the principle of legality within the context of national criminal law reform. The study employs a normative juridical method with statutory, conceptual, and comparative approaches to examine how the 2023 Criminal Code seeks to balance legal certainty with substantive justice. The findings indicate that the regulation of the principle of legality in Article 1 of the KUHP remains the primary foundation for ensuring the protection of individual rights and preventing arbitrary state actions. However, the recognition of living law under Article 2 of the KUHP expands the sources of criminal law beyond written statutes to include social values living within the community, insofar as they are consistent with Pancasila, general legal principles, and human rights. The relationship between the principle of legality and living law in the 2023 KUHP is not antagonistic but rather complementary and harmonious. Living law enriches the legality principle substantively through moral and social justice dimensions, while the legality principle serves as a normative safeguard to maintain legal certainty and prevent the abuse of power. Therefore, the integration of both principles reflects a new paradigm of Indonesian criminal law that is pluralistic, just, and civilized, reaffirming the nation’s legal politics grounded in Pancasila values and the principles of a democratic rule of law.

Criminal law policy in Indonesia saw significant modifications with the adoption of the new Criminal Code (KUHP), particularly with regard to the regulation of cohabitation and adultery. Because it directly affects people's private life and may have an impact on human rights protection, this arrangement has sparked discussion in the community. This study intends to investigate the application of the penal provisions of adultery and cohabitation in the new penal Code and examine its consequences for the protection of human rights. The research method applied was normative legal research with a legislative, conceptual, and human rights approach. The study's findings show that the regulation and implementation of laws relating to adultery and promiscuity can lead to issues in law enforcement, particularly those relating to the right to privacy, the proportionality of punishment principle, and the potential for actual abuse of power. The conclusion of this study underlines the necessity for the judicial implementation of the law and geared towards the protection of human rights, as well as the examination of criminal law policies to be in line with the ideals of the rule of law, democracy, and respect for individual freedom.

This study aims to analyze the position of statutory regulations as the main limiting framework for administrative discretion in Indonesian administrative law, particularly after the enactment of Law Number 11 of 2020 on Job Creation. The main issue examined is the normative shift caused by the removal of the requirement that discretion must not contradict statutory regulations, which potentially weakens legal certainty and judicial control. This research uses a normative juridical method with a regulatory and conceptualization approach, and is supported by the theory of discretionary justice, balance of legal objectives, and good governance. The findings indicate that the elimination of formal legality requirements transforms discretion from a legally constrained authority into a broader administrative freedom, increasing the risk of abuse of power and weakening the objective standards of judicial review in administrative courts. The study concludes that such a shift undermines the core principles of the rule of law and necessitates constitutional review to restore legal certainty, accountability, and effective judicial oversight.

Radicalism and terrorism pose serious threats to national security and social order in Indonesia. In response, the state implements deradicalization policies that emphasize not only repressive measures but also preventive and rehabilitative approaches. Nevertheless, these policies require critical constitutional review to ensure their conformity with the rule of law and the protection of human rights. This study aims to analyze the constitutional foundations, the framework of positive legal regulations, and the challenges in implementing deradicalization policies in Indonesia. The research employs a normative juridical method with statutory and conceptual approaches, using library research on primary, secondary, and tertiary legal materials. The findings indicate that deradicalization policies are supported by a strong constitutional basis under the 1945 Constitution of the Republic of Indonesia, particularly regarding the state’s obligation to protect citizens and guarantee the right to security. However, their implementation remains constrained by regulatory disharmony, weak inter-agency coordination, limited institutional capacity, and socio-cultural challenges within society. Therefore, strengthening institutional synergy, adopting more contextual and humane approaches, and improving regulatory frameworks are essential to ensure the effectiveness and sustainability of deradicalization policies.

Detention is one of the most coercive measures in the criminal justice process and is intended to ensure the effectiveness of criminal proceedings. In many legal systems, public prosecutors are granted authority to order detention against suspects or defendants under specific legal requirements. However, the practical effectiveness of detention by public prosecutors in achieving procedural objectives and safeguarding legal rights remains a subject of debate. This study aims to examine the effectiveness of detention carried out by public prosecutors against perpetrators of criminal acts, focusing on its legal basis, implementation, and impact on the criminal justice process. Using a normative juridical approach supported by qualitative analysis of legislation, legal doctrines, and relevant case studies, this research evaluates whether prosecutorial detention fulfills principles of legality, necessity, proportionality, and human rights protection. The findings indicate that while detention by public prosecutors can enhance procedural efficiency and prevent obstruction of justice, its effectiveness is often constrained by inconsistencies in application, weak judicial oversight, and potential risks of arbitrary detention. This study concludes that strengthening legal safeguards, standardizing detention criteria, and enhancing accountability mechanisms are essential to ensure that detention by public prosecutors remains both effective and compliant with the rule of law.

This study analyzes Muhammad Asad's Islamic political thought, which seeks to unite Islamic spiritual values with modern political thought. Asad rejects the limited view that considers Islam merely a ritualistic religion, and asserts that Islam is a value system that governs various aspects of life, including politics and government. Using a qualitative approach and library research methods, this study explores Asad's ideas on the Islamic state, democracy and shura, social justice, and the interaction between religion and the state. The findings of this study show that Asad views the Islamic state as an ethical entity that upholds justice, the rule of law, and moral responsibility. The concept of shura is understood as a type of moral democracy based on the values of justice and public participation. Asad also emphasizes that social justice is an important aspect of Islamic government that supports the welfare of society. Asad's thinking rejects both extreme secularism and absolute theocracy, and offers a model of Islamic politics that is rational, participatory, and based on morality. The relevance of this thinking lies in its ability to provide solutions to the crisis of ethics and justice in modern politics through a combination of spirituality and rationality in government.

This study examines the criteria of disgraceful conduct in the dismissal mechanism of regional heads in Indonesia following Constitutional Court Decision No. 2/PUU-XX/2022. The decision underscores the necessity of a constitutional interpretation of the requirement “never having committed disgraceful conduct” in order to prevent abuse of power and political injustice in regional governance. Employing a normative legal research method, this study analyzes primary legal materials, including Constitutional Court decisions and statutory regulations, as well as secondary legal literature. The findings reveal that the notion of disgraceful conduct had previously functioned as a vague norm, enabling subjective and politically motivated interpretations, particularly by regional legislative bodies. The Constitutional Court, through its decision, transformed this open norm into a more limitative and objective standard by specifying concrete forms of conduct, such as gambling, intoxication, drug abuse, adultery, and other serious violations of decency. Furthermore, the Court emphasized that allegations of disgraceful conduct must be supported by clear, lawful, and verifiable evidence, in line with the principles of due process of law. This reformulation strengthens legal certainty, protects the political rights of elected regional heads, and preserves the stability of local governance. The study recommends legislative synchronization through amendments to the Regional Government Law and the issuance of judicial guidelines to ensure uniform standards of proof in dismissal proceedings, thereby reinforcing constitutional justice and the rule of law in Indonesia.

The application of a uniform pattern in center-periphery relations is frequently entrapped in a rigidity of uniformity that neglects the sociological and historical complexities of Indonesian society. This study aims to analyze the juridical construction of asymmetric decentralization within the framework of the Pancasila Rule of Law, as well as its implications for the management of diversity and national integration. Employing a normative legal research method with conceptual and statutory approaches, this study reveals that asymmetric decentralization is not merely an administrative deviation, but rather an imperative manifestation of substantive justice and the politics of recognition towards regional particularities. Although this policy has been effective in mitigating disintegration potential in special regions such as Aceh and Papua, its implementation leaves residual issues regarding sharp disparities in authority, potential legal fragmentation, and inter-regional jealousy. This study concludes that the sustainability of special autonomy necessitates a governance reconstruction that is not solely oriented towards temporary political accommodation, but must be coherently integrated with Pancasila values. The theoretical implications of this study underscore the necessity for harmonization between national legal supremacy and the flexibility of regional autonomy to foster sustainable social cohesion within the Unitary State of the Republic of Indonesia.

Corruption is an extraordinary crime that has multidimensional impacts on a country’s social, economic, and political life. In Indonesia, corruption cases not only cause financial losses to the state but also undermine public trust in the government and weaken the rule of law. This study examines the case of social assistance (bansos) corruption during the Covid-19 pandemic involving former Minister of Social Affairs, Juliari P. Batubara, who was proven to receive bribes from vendors providing social assistance amounting to tens of billions of rupiah. The study aims to understand the regulation of corruption under Indonesian law, the chronology of the bansos corruption case, and the criminal liability of the former Minister of Social Affairs. The analysis shows that this case not only caused financial losses to the state but also inflicted social suffering on the poor affected by the pandemic and reduced the government’s legitimacy. The prison sentence, fines, and obligation to pay state compensation imposed on Juliari affirm the principle of criminal accountability, while digital-based reform in social assistance distribution and multi-layered supervision serve as preventive measures to curb future corruption. This study emphasizes the importance of transparency, accountability, and strict law enforcement in combating corruption in Indonesia.

. Corruption is an extraordinary crime that has a systemic impact on economic stability, governance and the protection of human rights. Indonesia and Singapore show significant differences in the effectiveness of corruption eradication, despite both applying the rule of law principle. Indonesia established the Corruption Eradication Commission (KPK) through Law Number 30 of 2002 jo. Law No. 19/2019 as an independent institution with powers to investigate and prosecute, but its effectiveness has been weakened by political interference, regulatory revisions, and bureaucratic obstacles. Singapore, on the other hand, relies on the Corrupt Practices Investigation (CPIB) under the Prevention of Corruption Act 1960, which has historical legitimacy, stable political support, and consistent regulations. This difference in effectiveness is reflected in the 2024 Corruption Perception Index, where Indonesia ranks 99th with a score of 37/100, while Singapore ranks 3rd with a score of 84/100. Although the KPK normatively has broader authority, 2024, where Indonesia ranked 99th with a score of 37/100, while Singapore ranked 3rd with a score of 84/100. Although the KPK normatively has broader authority, empirical results show that the success of corruption eradication is determined by institutional integrity, regulatory consistency, and structural independence. This research uses a normative juridical method with a literature study approach and deductive thinking method to analyze the legal basis, and implementation of the two institutions. The results of this study found that the differences between the anti-corruption institutions of the two countries do not merely depend on legal instruments, but on political structure, organizational culture, and institutional commitment in upholding integrity. It is expected to provide normative recommendations to strengthen Indonesia's anti-corruption institution, namely the KPK, through structural, regulative, and institutional reforms

The authority of the Religious Courts in Indonesia has undergone substantial transformation since the enactment of the 1974 Marriage Law, which serves as a foundational milestone in harmonizing the national legal system on family matters. Prior to this legislation, the jurisdiction of the Religious Courts was limited and influenced by legal dualism among customary law, Islamic law, and Western civil law inherited from the colonial period. This article examines how the Marriage Law initiated a shift in the structure and legitimacy of the Religious Courts and how their jurisdictional expansion reached a more comprehensive form through Law No. 7 of 1989 on Religious Courts and its subsequent amendments under Law No. 3 of 2006 and Law No. 50 of 2009. Using a normative juridical approach, this study analyzes statutory regulations, academic literature, and Islamic legal doctrines. The findings show that the Marriage Law provided the initial legal foundation for strengthening the Religious Courts' authority in handling family disputes, which was later expanded significantly to include inheritance, wills, grants, endowments (wakaf), alms (zakat), charitable donations (infaq and sadaqah), and Islamic economic matters during the legal reform era. This transformation not only reinforced the institutional structure of the Religious Courts but also improved access to justice for Muslim communities and supported the integration of Islamic law into Indonesia’s national legal framework. Therefore, the development of the Religious Courts’ authority after the Marriage Law reflects the dynamic modernization of the legal system and the harmonization between religious values and the rule of law in Indonesia.