Raafid Febriansyah
Universitas Pembangunan Nasional "Veteran" Jakarta

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Permasalahan Etika Profesi Hakim Konstitusi dalam Putusan Nomor 90/PUU-XXI/2023: Refleksi atas Pengalaman yang Meruntuhkan Kepercayaan Masyaraka Raafid Febriansyah
Esensi Hukum Vol 7 No 2 (2025): Desember - Jurnal Esensi Hukum
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/esensihukum.v7i2.645

Abstract

The third amendment to the Indonesian Constitution established the Constitutional Court (MK) to refine democratic and modern governance through a system of checks and balances. Pursuant to Article 24C Paragraph (1), MK's primary authority is to conduct judicial review of laws against the constitution. In 2023, MK faced a severe crisis following Decision No. 90/PUU-XXI/2023, which enabled the son of Indonesia’s seventh president to contest the 2024 General Election. This decision severely eroded public trust and led to the reporting of nine constitutional judges to the Constitutional Court’s Honorary Council (MKMK). Consequently, this article examines how Decision No. 90/PUU-XXI/2023 undermined public confidence and analyzes the ethical violations committed by the justices. This normative legal study employs case, statutory, and conceptual approaches. It utilizes secondary data from primary and secondary legal sources, analyzed through descriptive qualitative techniques. The findings indicate that Decision No. 90/PUU-XXI/2023, concerning the age limit for presidential and vice-presidential candidates, was riddled with irregularities and a disregard for independence and impartiality. Furthermore, the MKMK ruling confirmed that the panel violated the code of ethics; the most severe violation was committed by the Chief Justice, while the other eight justices committed minor infractions. As a preventive measure, it is imperative to reformulate the requirements for constitutional judge candidates alongside the procedures for their selection, election, and nomination
Citizenship and National Team Eligibility: Comparative Analysis between Indonesian Nationality Law and FIFA Regulation Muhammad Yaseer Zaydan; Raafid Febriansyah; Fathan Hariz
Journal of Ius Comparatum Law Studies Vol 2 No 2 (2026): May-August (State Sovereignty, Membership, and Mobility: Comparative Perspectives
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/icjls.v2i2.14796

Abstract

The phenomenon of football player naturalisation is growing alongside the globalisation of sports and the increasing cross-border mobility of players. In Indonesia, the policy on naturalising national team players is implemented under Law No. 12 of 2006 on Citizenship of the Republic of Indonesia, specifically through a naturalisation mechanism in the national interest. However, the citizenship status granted by the state does not automatically entitle a player to represent the national team in international competitions, as they must also meet the eligibility requirements set by the Fédération Internationale de Football Association (FIFA). This study aims to analyse the regulations governing the acquisition of citizenship for football players under Indonesian law and FIFA regulations, and to examine the legal implications of FIFA’s eligibility regulations for naturalised players representing Indonesia. This study is a normative legal study employing statutory, conceptual, and comparative approaches. The legal sources include laws and regulations, the FIFA Statutes, the Regulations Governing the Application of the FIFA Statutes, and relevant legal literature. The research findings indicate that Indonesia naturalises football players under Law No. 12 of 2006, while FIFA regulations determine eligibility to play for the national team by requiring a genuine link to the country being represented. This study found a dual legal regime between legal citizenship and sporting nationality, meaning that naturalised players must simultaneously meet both national citizenship requirements and FIFA eligibility criteria. Therefore, harmonisation between national citizenship laws and FIFA regulations is necessary to ensure legal certainty and the effectiveness of football player naturalisation policies in Indonesia