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Djohan, Naufal Hasanuddin

Sinov : Media Informasi Penelitian Kabupaten Semarang 2026 Badan Perencanaan Pembangunan, Riset dan Inovasi Daerah Kabupaten Semarang

Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia affirms Indonesia as a state based on law, yet in practice Indonesia's legal system faces a structural problem of hyperregulation and overregulation, characterized by massive regulatory proliferation and regulatory disharmony without adequate corrective mechanisms. This condition is likewise reflected in Semarang Regency, which has 673 active legal products with Regional Head Regulations dominating at 77.3%, while Regional Regulation No. 10 of 2021 on the Formation of Regional Legal Products has not yet accommodated a legal analysis and evaluation mechanism. This study aims to explore the urgency of regional regulatory reform through legal analysis and evaluation mechanisms and to construct an implementation model in Semarang Regency. This study employs a prescriptive socio-legal research method with an interdisciplinary approach. The findings indicate that this condition reflects the dominance of primary rules without adequate institutionalization of secondary rules within H.L.A. Hart's perspective, while simultaneously representing a dysfunction in legal substance with cyclical impacts on legal structure and legal culture according to Lawrence M. Friedman. Therefore, a regulatory governance-based analysis and evaluation model is needed, integrating the regulatory cycle from ex ante to ex post with multistakeholder coordination and evaluation grounded in BPHN's 6-dimension framework

Putri Rut Sri Jaya Lubis; Putri Dwi Rahmadani; Izumi Bernadetta Gultom

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This study analyzes the juridical transformation of freedom of expression after the enactment of Law Number 1 of 2024 as the second revision of the Electronic Information and Transaction Law (ITE Law). The main focus of the research is the reconstruction of defamation offenses from Article 27 paragraph (3) to Article 27A, as well as its implications for constitutional guarantees in Article 28E paragraph (3) of the 1945 Constitution. The method used is normative juridical with legislative, conceptual, and case approaches. The case study of the case of Haris Azhar and Fatia Maulidiyanti is used as a limited empirical analysis. The results of the study show that even though Law No. 1 of 2024 has narrowed insults to absolute complaints, the formulation of norms that are still multi-interpreted, especially in the phrase "attacking honor", still has the potential to threaten freedom of expression and create a chilling effect in the digital space. In addition, the lack of clear parameters regarding public criticism and personal insults creates legal uncertainty. Therefore, consistent interpretation guidelines and harmonization with human rights principles are needed so that the protection of citizens' constitutional rights is guaranteed.

Osvaldo Antonio Linjewas; Abrar Rosyan Ali Barus; Nur Rahman

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This study examines the implementation of religious freedom in Indonesia, focusing on the case of the sealing of the POUK Tesalonika House of Prayer in Teluknaga, Tangerang Regency, in April 2026. This incident reflects the tension between administrative regulations, specifically the Building Permit, and the constitutional right to freedom of religion as guaranteed in Article 28E and Article 29(2) of the Constitution of the Republic of Indonesia. This study employs a normative legal method with legislative,conceptual, and case-based approaches. The analysis reveals that the sealing action fails to meet the principle of proportionality in administrative law, and results in legal discrimination that contradicts the principle of equality before the law and the spirit of Pancasila. These findings affirm that the right to worship is a non-derogable right that cannot be diminished by technical permitting regulations. Therefore, the state must prioritize a facilitative and protective approach in regulating places of worship, to guarantee freedom of religion and uphold Indonesia’s integrity as a democratic and tolerant rule of law state.

Nadia Anatasya; Puti Alya; Indah Nabila Vandini

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This study aims to analyze normatively and juridically whether students in private schools are entitled to free basic education based on the Constitutional Court Decision Number 3/PUU-XXII/2024. Prior to this decision, the phrase “without charging fees” in Article 34 paragraph (2) of Law Number 20 of 2003 on the National Education System was often interpreted narrowly, applying only to public schools. This interpretation created discrimination in access to education for students in private schools, particularly those from low-income families. This research employs a normative juridical method with a statute approach and case approach. Primary legal materials include the 1945 Constitution of the Republic of Indonesia, Law Number 20 of 2003 on the National Education System, and Constitutional Court Decision Number 3/PUU-XXII/2024. Secondary legal materials consist of relevant scholarly literature, books, and journals. The analysis reveals that the Constitutional Court declared Article 34 paragraph (2) of the National Education System Law conditionally unconstitutional. The phrase must be interpreted to mean that the Central and Regional Governments are obliged to guarantee the implementation of compulsory basic education without charging fees, both for educational units organized by the government (public schools) and by the community (private schools). Consequently, students in private schools have the right to obtain free basic education as a constitutional right. Private schools are still permitted to charge fees from financially capable parents, but they are obligated to provide financial relief or full fee waivers for students from economically disadvantaged families. This decision has significant juridical implications for national education financing policy, particularly the need to revise derivative regulations and allocate School Operational Assistance (BOS) and Regional BOS funds to eligible private schools. This study complements previous research, which was largely empirical and regional in scope, by providing a comprehensive national normative juridical analysis.

Ignasius Alvedo Hasan; Agustinus Risno; Jilbertus Fernando Samo Langoarang; Yohanes De Ngedu; Adrianus Banao +1 more

JURNAL ILMIAH PENDIDIKAN KEBUDAYAAN DAN AGAMA 2026 CV. ALIM'SPUBLISHING

A crucial issue currently facing the Church is its stance on building good and harmonious relationships with all other belief systems within its own community. Although dogmatically the Church explicitly expresses its openness to all religious practices and piety lived out by the faithful according to their traditional beliefs, the Church remains cautious so that in building relationships through dialogue, the traditions of the Church are not lost. This paper aims to highlight the relationship between the Catholic faith and the traditional belief system of the Manggarai people in light of the dogmatic constitution Nostra Aetate. Nostra Aetate is one of the key documents resulting from the Second Vatican Council that addresses the current reality of religious diversity. Through this document, the Church seeks to declare its commitment to reflecting on the fact that all humanity shares a single origin and a single ultimate goal: God Himself. The beliefs or religious system of the Manggarai people is implicitly monotheistic, namely Mori Jari dedek Ema pu’un kuasa. On this basis, the Church sees that the same concept exists in Catholic doctrine. In this study, the author uses qualitative research with a text analysis approach. Text analysis is a methodology in qualitative research that aims to interpret and analyze texts based on their context.

Kumar, Amit

SocioHumania: Journal of Social Humanities Studies 2026 Yayasan Mabadi Iqtishad Al Islami

This study examines the relationship between Indigenous Knowledge Systems (IKS) and legal autonomy within the Indian legal and constitutional framework. It explores how ancient Indian governance recognized legal pluralism through customary laws, village autonomy, tribal jurisdictions, and decentralized judicial systems. The study further analyzes the ecological and philosophical foundations of Indigenous Knowledge Systems, emphasizing the indigenous worldview that promotes harmony between humans and nature through principles of sustainability and environmental stewardship. Additionally, the research evaluates the legal challenges faced by indigenous communities under modern intellectual property regimes, particularly concerning communal ownership, oral traditions, and biopiracy. Constitutional protections such as the Fifth Schedule, Sixth Schedule, and the Forest Rights Act (2006), alongside landmark judicial decisions, demonstrate India’s efforts to safeguard indigenous rights and traditional knowledge. The study also highlights international legal mechanisms, including the Convention on Biological Diversity (CBD), the Nagoya Protocol, and WIPO initiatives, while emphasizing the need for stronger legal frameworks and international cooperation to ensure indigenous sovereignty and long-term protection of Indigenous

Andi Dita Kobayashi; Putri Dea Syahhira; Chelsha Christy Napitupulu

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This study aims to analyze the discrepancy between regulations and social realities in fulfilling the right to education in Indonesia. Normatively, the state has established a strong legal framework to guarantee the right to education, as stipulated in the 1945 Constitution and various educational policies. However, in practice, there remains a significant gap between policy and actual conditions in society. This research employs a qualitative approach using a juridical-normative method combined with an empirical (sociological) approach. Data were collected through library research from various sources, including laws and regulations, academic journals, and reports from official institutions. The findings indicate that the discrepancy is reflected in three main aspects: unequal distribution of educational facilities, disparities in the quality of education, and the existence of children who have not accessed education. These issues are influenced by factors such as limited infrastructure, unequal distribution of teachers, geographical challenges, and socio-economic conditions. Therefore, it can be concluded that the fulfillment of the right to education in Indonesia has not been fully optimal due to ineffective and non-adaptive policy implementation. Hence, more comprehensive and contextual efforts are required to achieve an equitable, inclusive, and accessible education system for all.

Vivekanantharasa, Raveenthiran; Wijaya, Rusdiana Priatna; Mammadov, Yashar

Journal of Islamic Law and Legal Studies 2026 Mabadi Iqtishad Al Islami

This study explores the development of a sustainable framework for Syariah and legal studies within the context of contemporary educational transformation. Employing a qualitative research approach through content analysis, this study examines relevant scholarly literature, Islamic legal sources, and contemporary educational perspectives to identify key strategies for strengthening Syariah and legal education in response to evolving societal challenges. The findings reveal that the sustainability of Syariah and legal studies requires an integrated approach that combines classical Islamic scholarship with modern legal, social, and technological developments. Several essential dimensions are identified, including institutional reform, curriculum innovation, pedagogical transformation, research advancement, international academic collaboration, and technology integration. Furthermore, the study highlights the importance of interdisciplinary engagement between Syariah studies and other fields, such as constitutional law, international law, economics, sociology, and digital studies. The findings also emphasize the significance of student-centered learning, critical thinking, and research-based education in enhancing academic quality and intellectual engagement

Kumar, Neeraj; Mala, Sourabh Sri

Journal of Islamic Law and Legal Studies 2026 Mabadi Iqtishad Al Islami

The enactment of the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) represents a significant transformation in India’s criminal justice system. Although environmental protection in India has traditionally been governed by specialized environmental statutes, the newly enacted criminal laws also contain provisions capable of addressing environmental crimes and ecological harm. This article examines the role of the BNS and BNSS in promoting environmental accountability and strengthening green justice within India’s legal framework. The study adopts a doctrinal and analytical legal research methodology based on statutory interpretation, constitutional analysis, and judicial precedents. The research finds that provisions relating to public nuisance, water pollution, atmospheric contamination, hazardous substances, and acts likely to spread disease collectively establish a broader criminal law framework for environmental protection. Judicial interpretation of Article 21 of the Constitution, together with principles such as the polluter pays principle, precautionary principle, and sustainable development, has further strengthened environmental jurisprudence in India. The article argues that the BNS and BNSS contribute toward mainstreaming environmental protection within criminal law, but effective enforcement, institutional coordination, and stronger implementation mechanisms remain necessary for achieving sustainable environmental justice.

Evi Dwi Hastri; Absori Absori

This study is motivated by the proliferation of regulations that facilitate the exploitative extraction of natural resources in Indonesia as a consequence of the penetration of neoliberal ideology, which deviates from the mandate of Article 33 of the 1945 Constitution of the Republic of Indonesia. The significance of this research lies in the strategic role of Muhammadiyah through the "Constitutional Jihad" movement in restoring state sovereignty over natural resources for the benefit of the public welfare. The study aims to analyze the philosophical foundations of Constitutional Jihad in reconstructing the vision of a Progressive Indonesia (Indonesia Berkemajuan) and to examine Muhammadiyah’s legal advocacy strategies in resisting the hegemony of liberal economic policies. The research focuses on how Muhammadiyah’s philosophical framework and litigation strategies are capable of correcting national energy policies, as reflected in Constitutional Court Decision Number 36/PUU-X/2012. This research employs a normative legal method using statutory, case, and theological-ideological approaches. The findings reveal that, philosophically, Constitutional Jihad represents the transformation of Al-Ma’un theology and the concept of Darul Ahdi wa Syahadah into a constitutional framework that integrates divine sovereignty with popular sovereignty. In terms of strategy, Muhammadiyah utilizes Public Interest Litigation supported by interdisciplinary expert collaboration and moral mobilization rooted in civil society. The analysis of Constitutional Court Decision No. 36/PUU-X/2012 demonstrates that Muhammadiyah’s advocacy successfully invalidated unconstitutional provisions of the Oil and Gas Law that had weakened state control, while simultaneously reaffirming the state's direct management function over natural resources. The study concludes that Constitutional Jihad constitutes an effective form of national ijtihad in reconstructing a progressive, sovereign, and socially just legal order in Indonesia.

Alfin Suherman

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2026 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This research examines the potential application of the Right to Be Forgotten (RTBF) in Indonesia's criminal justice system, focusing on individuals who have been acquitted or have completed their sentences. The study explores the legal, social, and ethical implications of RTBF in relation to criminal records, aiming to assess how it could support the rehabilitation and reintegration of acquitted individuals. In Indonesia, criminal records often remain publicly accessible long after a person has been legally exonerated, creating barriers to social reintegration due to the stigma associated with past accusations. The study investigates the gaps in the current legal framework, such as the lack of provisions for the removal or anonymization of criminal records for acquitted individuals, and explores how RTBF could promote justice and fairness. The research uses a literature review methodology, analyzing relevant legal texts including Law No. 11 of 2008 on Information and Electronic Transactions (ITE Law), Law No. 39 of 1999 on Human Rights, and the 1945 Indonesian Constitution. The review critically evaluates the challenges and opportunities of implementing RTBF, focusing on balancing privacy rights with public safety concerns. The findings suggest that RTBF could reduce the negative impact of criminal records on individuals who have been acquitted, facilitating their reintegration into society. However, the study also highlights the challenges in implementing RTBF due to societal and legal factors. Legal reforms recommendations allow individuals to request the removal of criminal records, aligning Indonesia's legal system with international human rights standards.

Alif Fabiano Hariyanto; Eka Fathur Fahmi; Bima Antares Onarelly

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This study analyzes the abuse of prosecutorial authority from a normative juridical perspective within constitutional law and its implications for the rule of law and good governance in Indonesia. It focuses on the concept of abuse of power (détournement de pouvoir) in assessing prosecutorial actions and examines power relations in law enforcement that may affect objectivity and fairness in criminal justice. The research uses a normative juridical method with statute and case approaches. Primary legal materials include the 1945 Constitution, Law No. 16 of 2004 on the Prosecutor’s Office as amended by Law No. 11 of 2021, and Law No. 30 of 2014 on Government Administration, supported by doctrines and jurisprudence. Secondary materials include books and journals on constitutional and administrative law. The findings show that prosecutorial authority as dominus litis is limited by legality, good governance principles, and due process of law. Abuse of authority may occur not only through procedural violations but also through deviations from its intended purpose, leading to formally lawful but substantively unjust actions. Power relations may also create institutional imbalance in law enforcement. Therefore, stronger supervisory mechanisms are needed to ensure prosecutorial authority aligns with the rule of law and good governance.

Fitriyah Nurrahmah; Berlian Ahsanul Husna

Jurnal Hukum, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

The enactment of Law Number 1 of 2023 concerning the Criminal Code (KUHP) has brought a fundamental paradigm reconstruction to the Indonesian criminal justice system through the explicit recognition of the "living law" (hukum yang hidup di masyarakat). This study aims to analyze the legal standing of living law within the Indonesian legal system and examine the juridical and sociological implications of integrating these unwritten norms from the perspective of Article 2 of Law Number 1 of 2023. The research method employed is normative legal research with a statutory approach. The results indicate that the positioning of living law holds a strategic standing rooted in Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia and is further reinforced by the Constitutional Court Decision Number 35/PUU-X/2012. Following the promulgation of Law Number 1 of 2023, Article 2 paragraph (1) formally deconstructs the rigidity of the colonial-inherited formal legality principle (Wetboek van Strafrecht) and transforms it toward a material legality principle. Consequently, living law is now recognized as a valid basis for criminal liability and acts as a complement to national law, manifested through additional criminal penalties in the form of fulfilling local customary obligations to support restorative justice. Nonetheless, the state imposes limitations through a codification mechanism into Regional Regulations guided by Government Regulations, which must be aligned with Pancasila, the 1945 Constitution, Human Rights, and general principles of law recognized by civilized nations to prevent legal uncertainty and subjective interpretations of the law.

Nazila Riskiya Putri; Nayla Damayanti; Meifta Dian Safitri; Ahmad Muhamad Mustin Nasoha

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to examine the position of Pancasila as a grundnorm within the Indonesian constitutional system and the role of Islamic Religious Education as an ethical foundation in strengthening constitutional principles from the perspective of Islamic sociological legal theory. The methodology employed is a qualitative approach using library research, involving the analysis of various relevant literature sources. The findings indicate that Pancasila plays a fundamental role in the Indonesian legal system, serving as the highest norm in the hierarchy of laws, while also functioning as an ethical guideline in the life of the nation and the state. Islamic Religious Education plays a significant role in shaping the moral constitution through the understanding of values such as honesty, justice, responsibility, and trustworthiness, in line with the principles of Pancasila. The integration of Pancasila values and Islamic teachings, viewed through the lens of sociological law, demonstrates that effective law is not merely normative but also responsive to social realities. Therefore, Islamic sociological legal theory can strengthen the Indonesian constitutional system through the integration of normative, moral, and sociological values, resulting in a more responsive, just, and contextually relevant legal system.

Sholikah, Firli Mar’atus; Ridwan, Agus

Jurnal Riset sosial humaniora, dan Pendidikan (Soshumdik) 2026 LPPM Universitas 17 Agustus 1945 Semarang

This study was motivated by the phenomenon of increasing anti-feminism and digital misogyny in Germany, where constitutionally guaranteed equality has suffered a practical setback in the form of a decline in female representation in the Bundestag to 32,4%. This situation has triggered an urgent need for persuasive communication through state addresses. This study aims to analyze the emotional rhetoric (pathos) and intonation strategies in the Ansprache zum Welt-Frauentag in order to raise audience awareness. The method used is a mixed method of qualitative analysis of rhetoric by Aristoteles (2007) and quantitative digital acoustic analysis using Praat software supported theory by Kohler (1995). The data for this analysis are transcripts and audio recordings of the Ansprache zum Welt-Frauentag delivered by Bundespräsident Steinmeier. The results of the study identified three typologies of relationships between diction and intonation, namely contradiction, in which emotional diction is delivered in a flat tone to maintain objectivity; compensation, in which neutral legal references are given emotional weight through a rise in tone (late peak); and parallelism, which is the harmony between emotional diction and the highest voice frequency to build strong authority. Thus, this study confirms that the effectiveness of persuasion in a speech does not only depend on the text, but also on the flexibility of manipulating voice frequency, which strategically functions as an instrument for navigating the audience’s emotions.

Elistiana Elistiana; Elsa Mayori

Jurnal Pendidikan Anak Usia Dini dan Kewarganegaraan 2026 Asosiasi Riset Ilmu Pendidikan Indonesia

This study examines the legal protection of children's rights to inclusive education and its implications for the institutional governance of Early Childhood Education (ECE) in Indonesia. A normative juridical method with a descriptive-qualitative library-based approach is used to evaluate the coherence between macro-level child protection regulations and operational standards for school management. The data are entirely secondary, sourced from statutory laws, ministerial regulations, and pertinent scientific literature. The findings reveal a fundamental tension: the constitutional rights of children with special needs to access non-discriminatory ECE are robustly guaranteed by the 1945 Constitution, Law No. 35/2014 on Child Protection, and Law No. 8/2016 on Persons with Disabilities, yet a wide gap persists at the implementation level. This discrepancy arises because derivative ECE governance instruments including accreditation frameworks and curriculum standards still frame inclusion readiness as a voluntary component rather than a binding obligation. Consequently, ECE institutions encounter systemic barriers in human resource management, physical accessibility, and curricular flexibility. The study underscores the urgency of transitioning ECE management toward a Human Rights-Based Approach (HRBA) and recommends that the Ministry of Basic and Secondary Education reform accreditation instruments by embedding inclusive indicators as mandatory prerequisites for institutional feasibility, thereby aligning administrative governance with the fulfillment of children's constitutional rights.

Andi Milhan

Lembaga Pengembangan Kinerja Dosen 2026 Lembaga Pengembangan Kinerja Dosen

The escalation of negative sentiment in the digital space towards Rohingya refugees in Indonesia throughout 2023-2026 has reflected a shift in public perspectives, from humanitarian principles to restictive rejection. This study aims to analyze how digital discourse on TikTok dan Instagram platforms frames the Rohingyan refugee issue as a national security threat through the lens of Barry Buzan`s Securitization Theory and Ruth Wodak`s Critical Discourse Analysis (AWK). This study uses qualitative methods with note-taking techniques and filtering hastag-based viral data related to refugee rejection. The results show that the securitization process was successfully driven by three main typologies of netizen narratives: domestic socio-economic jealousy, delegetimization of Internasional authorities (UNHCR) by referring to popular legal discourse on the 1945 Constitution, and demands for an active role for the military (TNI AL) and Polair at maritime borders. The accumulation of speech acts that have gone viral on social media is evidence of the creation of strong horizontal pressure, thus urging the Indonesian goverment to review its policies towards a more restrictive direction (viral-based policy) to prioritize national soverignity and security over global humanitarian commitments.

Shinta Chintya Fella; Syaifulah Yophi Ardiyanto; Tengku Arif Hidayat

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The legal arrangement of cannabis in Indonesia is based on Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia which guarantees the right to health services, elaborated through Law Number 35 of 2009 concerning Narcotics and Law Number 17 of 2023 concerning Health. Cannabis is classified as a Group I narcotic prohibited for health services under Article 8 paragraph (1) of Law Number 35 of 2009, while Article 139 of Law Number 17 of 2023 requires that the use of medicines containing narcotics may only be carried out based on a prescription from medical personnel. At the same time, Canada through the Cannabis Act (S.C. 2018, c. 16) and Uruguay through Ley No. 19.172 (2013) apply fundamentally different legal arrangements for cannabis. This research uses normative legal research methods with a comparative law approach, applying the criminal policy framework of Marc Ancel and the law enforcement theory of Joseph Goldstein. The results show: (1) cannabis arrangement in Indonesia is prohibitive through Article 8 paragraph (1) of Law Number 35 of 2009, while Article 6 paragraph (3) opens a mechanism for reclassification through Ministerial Regulation; (2) Canada through the Cannabis Act applies a regulated market model with a CAD 11.4 billion legal industry and a 70% reduction in arrests, while Uruguay through Ley No. 19.172 applies a state monopoly with an 85% reduction in arrests without an increase in problematic use; (3) fundamental differences in legal systems, political systems, socio-cultural backgrounds, religion, and narcotics policy philosophy mean that the Canadian and Uruguayan models are not relevant to be directly applied in the Indonesian criminal law system.

Desi Ayuherma Anugrah; I Dewa Gede Herman Yudiawan

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study analyzes normative conflicts in the evolution of local government regulations from Law No. 22 of 1999 to Law No. 23 of 2014, along with the changes following the Job Creation Law. The research background is grounded in the phenomenon of policy pendulum swings, which indicate a shift from radical decentralization toward structured centralization, as well as the disruptions caused by the omnibus law approach. The research aims to identify and classify vertical and horizontal normative conflicts and formulate recommendations for regulatory harmonization. The method used is normative legal research with a legislative and conceptual approach, employing Hans Kelsen’s theory of antinomy as an analytical tool. The research findings identified two main forms of normative conflict: first, a vertical conflict between Law No. 22/1999, which advocates for the broadest possible autonomy, and Law No. 23/2014, which strengthens central control through the concepts of absolute affairs and NSPK, creating a paradox of centralization within decentralization. Second, a horizontal conflict following the Job Creation Law, which centralizes regional licensing authority through the OSS system and revives Article 251 regarding the annulment of regional regulations that have been declared unconstitutional by the Constitutional Court. The implications of this research recommend revising problematic articles and strengthening the role of regions within a just decentralization system.

Ramadhan; Soleh, Badrus; Junaidi, Achmad

Jurnal Manajemen Sosial Ekonomi 2026 LPPM Sekolah Tinggi Ilmu Ekonomi - Studi Ekonomi Modern

Cooperatives in indonesia constitute the foundational pillar of the national economy and hold a constitutionally strategic position. However, their existence is currently under pressure from the hegemony of modern markets, which are dominated by large capital interests and the penetration of digital technology. This study aims to provide a comprehensive mapping of the internal strengths and fundamental weaknesses of cooperatives within the Indonesian market system through a systematic literature review. The analysis examines 24 selected scholarly journal articles published between 2019 and 2026 to ensure the data remains relevant to current economic dynamics. The synthesis indicates that the primary strengths of cooperatives lie in their social capital, the principle of kinship (asas kekeluargaan) which fosters member loyalty, and their potential for digital adaptation as a tool to mitigate economic recessions and the dominance of multinational corporations. Conversely, the findings confirm chronic, unresolved weaknesses, including low managerial professionalism, limited access to capital, and small economies of scale that hinder price efficiency in competitive markets. External challenges, such as the Fourth Industrial Revolution and shifting consumer behaviors, demand that cooperatives undergo immediate structural transformation. This article concludes that the key to cooperative sustainability in the face of modern market hegemony lies in the implementation of agile strategic management, service digitalization, and the strengthening of strategic partnerships. Policy recommendations are directed toward reinforcing regulations that protect the cooperative ecosystem without compromising its inherent competitiveness within the market mechanism.