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All Journal Jurnal Konstitusi Jurnal Konstitusi Media of Law and Sharia
Sulaiman, King Faisal
Fakultas Hukum Univeristas Muhammadiyah Yogyakarta
Humanities Law, Crime, Criminology & Criminal Justice Other

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Polemik Fungsi Sosial Tanah dan Hak Menguasai Negara Pasca UU Nomor 12 Tahun 2012 dan Putusan Mahkamah Konstitusi Nomor 50/PUU-X/2012 King Faisal Sulaiman
Jurnal Konstitusi Vol 18, No 1 (2021)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (412.996 KB) | DOI: 10.31078/jk1815

Abstract

This study examines, Firstly, aspects of the formation of Law Num. 2/2012. Secondly, interpretation of the meaning of development in the public interest. Thirdly, the compensation process for the release of land rights for development. Finally, polemic of MK's Decision Num. 50/PUU-X/2012. The findings show, procedural aspects of the formation of Law Num. 2/2012, is not in accordance with the rules for the formation of applicable laws. Likewise, the meaning conception of the public interest and the process of compensation for land is still far from the spirit of the Law Num. 5 of 1960 (UUPA) Jo Article 33 of the 1945 Constitution. The Post of MK's Decision Num. 50/PUU-X/2012, there needs to be a legislative review of Law Num. 2/2012, to deconstruct the meaning of “social function of the land” to conform to the philosophy of Article 33 of the 1945 Constitution and the Law Num. 5 of 1960 (UUPA). The Parliament must immediately complete the Agrarian Structure Renewal and Arrangement Bill, the Agrarian Conflict Resolution Bill, and the Natural Resource Management Bill, as mandated by MPR Decree Num. IX/2001 Jo Tap MPR Num. V/2003. Development in the public interest, must be placed in the spirit of social and agrarian reform in order to achieve maximum prosperity for the people.
Polemik Fungsi Sosial Tanah dan Hak Menguasai Negara Pasca UU Nomor 12 Tahun 2012 dan Putusan Mahkamah Konstitusi Nomor 50/PUU-X/2012 King Faisal Sulaiman
Jurnal Konstitusi Vol. 18 No. 1 (2021)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (412.996 KB) | DOI: 10.31078/jk1815

Abstract

This study examines, Firstly, aspects of the formation of Law Num. 2/2012. Secondly, interpretation of the meaning of development in the public interest. Thirdly, the compensation process for the release of land rights for development. Finally, polemic of MK's Decision Num. 50/PUU-X/2012. The findings show, procedural aspects of the formation of Law Num. 2/2012, is not in accordance with the rules for the formation of applicable laws. Likewise, the meaning conception of the public interest and the process of compensation for land is still far from the spirit of the Law Num. 5 of 1960 (UUPA) Jo Article 33 of the 1945 Constitution. The Post of MK's Decision Num. 50/PUU-X/2012, there needs to be a legislative review of Law Num. 2/2012, to deconstruct the meaning of “social function of the land” to conform to the philosophy of Article 33 of the 1945 Constitution and the Law Num. 5 of 1960 (UUPA). The Parliament must immediately complete the Agrarian Structure Renewal and Arrangement Bill, the Agrarian Conflict Resolution Bill, and the Natural Resource Management Bill, as mandated by MPR Decree Num. IX/2001 Jo Tap MPR Num. V/2003. Development in the public interest, must be placed in the spirit of social and agrarian reform in order to achieve maximum prosperity for the people.
The Complexities of Implementing Election Systems in Indonesia Sulaiman, King Faisal; Fitrantyo, Zidan Risqy
Media of Law and Sharia Vol. 6 No. 3: June 2025
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v6i3.349

Abstract

Indonesia's electoral framework has undergone significant transformations since the nation's first democratic experiment in 1955. While the open-list proportional system currently employed seeks to empower voters and enhance representational legitimacy, it has also engendered unintended consequences, including heightened campaign expenditures, weakened party institutionalization, and electoral fatigue among officials. Conversely, the closed-list proportional system, though more cost-efficient and conducive to party discipline, is often criticized for diminishing direct voter influence and fostering elitist candidate selection. This article critically examines the paradoxes inherent in both systems through doctrinal and historical legal analysis, supported by empirical data from the 2014 and 2019 general elections. The findings reveal that Indonesia’s electoral challenges lie not merely in the choice between open and closed systems but in the institutional mechanisms that mediate electoral participation, candidate selection, and political financing. The paper proposes an integrative model that balances voter agency, political accountability, and electoral integrity, while recommending reforms inspired by comparative practices such as intra-party primaries and digital voting innovations. These insights are aimed at strengthening Indonesia’s democratic resilience within the bounds of its constitutional framework.
Co-Authors Fitrantyo, Zidan Risqy