Garuda - Garba Rujukan Digital

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

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

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

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.

A CASE STUDY IN LOSARI DISTRICT, BREBES REGENCY: A LEGAL EXAMINATION OF THE AMENDMENT TO VILLAGE LAW NO. 3 OF 2024 ARTICLE 39 ON THE PERFORMANCE OF VILLAGE HEADS AND VILLAGE SECRETARIES Roso, Karno; Zainudin, Muhamad; Sulaiman, King Faisal; Kusumaningsih, Gendrik; Kautsar, Muhammad Habib Rizqi
International Journal of Cultural and Social Science Vol. 7 No. 1 (2026): International Journal of Cultural and Social Science
Publisher : Pena Cendekia Insani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53806/ijcss.v7i1.1280

The amendment to Law Number 6 of 2014 thru Law Number 3 of 2024, particularly Article 39, brings significant changes to the governance of village administration in Indonesia. This revision extends the term of office for the Village Head from six to eight years and strengthens the administrative role of the Village Secretary. This research examines the legal and empirical implications of these changes for village governance in Losari District, Brebes Regency, which is a border area and considered underdeveloped. Using a legal-empirical approach, data was obtained thru interviews, observation, and document analysis. The research results indicate that the cooperation between the Village Head and the Village Secretary generally supports administrative order and the improvement of public services. However, there are practical challenges such as limited human resources, a decrease in village funds each year, an administrative burden centered on the Village Secretary, the tendency of the Village Consultative Body (BPD) to be passive, and inconsistent public services. The community also demands greater transparency thru information boards and more structured village office management. Despite these challenges, the Village Device Working Team (TIRAKAT) emerged as a local innovation that strengthens adaptive governance. The Village Secretary remains a key figure in maintaining reporting and accountability, with the support of the District Head's oversight function. This research recommends a biennial participatory evaluation, strengthening the capacity of village officials, optimizing the role of TIRAKAT, and digitalization.

Asymmetric Decentralization in Indonesia: Monarchical Legacy and Sultanate Succession in Yogyakarta Sulaiman, King Faisal; Nasrullah, Nasrullah; Ahmad, Ahmad; Fathi, Muhammad; Musa, Nurhafilah
SASI Volume 32 Issue 2, June 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i2.3687

Introduction: This study analyzes the legitimacy of the Crown Princess’s appointment in Yogyakarta through the Sabda Raja decree and its alignment with Paugeran Adat, the customary constitutional foundation of the Yogyakarta monarchy. Purposes of the Research: It also examines the broader implications of this appointment for the gubernatorial position in the Special Region of Yogyakarta and offers recommendations for future succession models. Methods of the Research: This research employs a normative legal approach, comprising three stages: a literature review of primary and secondary legal materials, conceptual and comparative analysis, and the formulation of conclusions and recommendations. Results of the Research: The findings highlight Yogyakarta's distinctive asymmetric decentralization, particularly its hereditary gubernatorial succession. The Crown Princess's appointment as Heir contravenes Paugeran Adat, which traditionally forbids female Sultans. To override this customary barrier, the Sultan issued the Dawuh Raja (King's Decree), yet this move has generated substantial controversy. Adding to this complexity, the Constitutional Court's ruling affirms the Sultan's prerogative without explicitly adjudicating gender qualifications, thereby leaving a legal vacuum that fuels the ongoing dispute. To address this, the study recommends revising the Special Autonomy Law to align legal provisions with local constitutional customs, ensuring future successions are both legally sound and culturally coheren.

The Role of the Military in Government Bureaucracy: A Juridical Comparative Review of Indonesia and Pakistan Albab, Biantara; Sulaiman, King Faisal
Jurnal Penegakan Hukum dan Keadilan Vol. 7 No. 1 (2026): March
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v7i1.28266

This study compares military involvement in the civil bureaucracy in Indonesia and Pakistan. The background of the problem lies in the military's persistent role in government despite reforms aimed at strengthening civilian supremacy. The objective is to analyze the legal framework and authority of military participation in the bureaucracy in both countries. The method used is comparative legal research, focusing on the constitution, legislation, and policies related to civil-military relations. The results reveal that the military's influence in the bureaucracy remains strong despite legal reforms. The difference is that post-reform Indonesia limits the assignment of active-duty TNI personnel to specific civilian positions in the defense and security sectors, subject to the approval of the House of Representatives. In comparison, Pakistan offers a broader scope, extending to cross-sectoral bureaucracy, economic development, and the jurisdiction of military courts over civilians with constitutional protection. In conclusion, both countries provide legal legitimacy for the military's role beyond defense functions, either through constitutional provisions or legislation that explicitly or implicitly open the door to military involvement in non-military sectors. Both Indonesia and Pakistan have legalized military involvement in the civilian sphere, expanding its functions from defense to administrative and development roles.

Title

Found 6 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 6 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 6 Documents
Search