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All Journal Masalah-Masalah Hukum Journal of Islamic Business Law
Aditya Prastian Supriyadi
Universitas Islam Negeri Maulana Malik Ibrahim Malang
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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BALANCING TECHNOCRACY AND POLITICS IN THE INDONESIA’S MULTI-PARTY PRESIDENTIAL SYSTEM: LEGAL CHALLENGES IN DESIGNING STATE MINISTRIES Mustafa Lutfi; Aditya Prastian Supriyadi; Kurniasih Bahagiati
Masalah-Masalah Hukum Vol 55, No 1 (2026): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.55.1.2026.118-147

Abstract

The institutional design of state ministries is a central element of Indonesia’s constitutional system because it determines how executive authority is organised, coordinated, and made accountable. Although Article 17 of the 1945 Constitution grants the President authority to establish ministries, political practice shows that cabinet formation is shaped not only by technocratic considerations but also by coalition bargaining within Indonesia’s multiparty presidential system. This study analyses the legal politics of ministerial design, focusing on the tension between constructing a proportional and efficient cabinet and accommodating the political demands of coalition parties. Using doctrinal legal research, this study examines the formation of the Kabinet Merah Putih under President Prabowo Subianto, which consists of 48 ministries, as its main empirical reference. The analysis is conducted through normative mapping of Presidential Regulation Number 139 of 2024 and Law Number 61 of 2024, as well as functional mapping of overlapping ministerial mandates. The findings show that ministerial design in Indonesia is frequently influenced by political pragmatism, producing institutional expansion that may weaken coordination, accountability, fiscal rationality, and functional clarity. This study evaluates ministerial design through five normative criteria: effectiveness, functional proportionality, accountability, conflict-of-interest prevention, and fiscal rationality. The analysis argues that the decisive constitutional issue is not whether ministers come from partisan or non-partisan backgrounds, but whether they possess substantive competence, integrity, and accountability in performing public functions. This study also examines the relevance and limitations of a technocratic cabinet model in Indonesia by comparing practices in Singapore, Germany, Chile, and Uruguay. It argues that Indonesia requires a hybrid cabinet model that combines political representation with technocratic professionalism. Strengthening the legal framework on state ministries is therefore necessary to create a more rational, effective, accountable, and professional cabinet structure aligned with Indonesia’s constitutional objectives while preserving democratic legitimacy and executive coherence in institutional practice.
Jual Beli Barang Menggunakan Coin Flip: Perspektif Hukum positif di Indonesia Adam Malik Siregar; Aditya Prastian Supriyadi; Mustafa lutfi
Journal of Islamic Business Law Vol. 10 No. 1 (2026): Journal of Islamic Business Law
Publisher : Program Studi Hukum Ekonomi Syariah Fakultas Syariah Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jibl.v10i1.20833

Abstract

The phenomenon of buying and selling using the coin flip agreement system, which has gone viral on social media, has raised legal issues in Indonesia. This system uses coin tossing to determine the price of goods, creating uncertainty that has the potential to harm one of the parties. This study analyzes the legality of the coin flip practice based on Indonesian positive law using a normative juridical method. The results of the study indicate that although coin flip transactions meet the requirements for a valid agreement under Article 1320 of the Civil Code, this practice distorts the principles of fair and transparent pricing as stipulated in Law No. 8 of 1999 on Consumer Protection. This transaction also contains speculative elements resembling gambling, but Article 303 of the Criminal Code does not explicitly regulate sales and purchases involving elements of chance. From an Islamic law perspective, this practice involves gharar, which contradicts Fatwa DSN-MUI No. 112/2017. The study concludes that there is a legal vacuum in regulating online transactions that involve speculative elements, therefore stricter regulations are needed to ensure legal certainty and consumer protection.
Legal Reformulating Illegal Parking Supervision through Participatory Governance and Sadd al-Dzari’ah Principles Fathia Auliya Afifah; Aditya Prastian Supriyadi; Dwi Hidayatul Firdaus; Dwi Fidhayanti
Journal of Islamic Business Law Vol. 11 No. 02 (2026): Journal of Islamic Business Law
Publisher : Program Studi Hukum Ekonomi Syariah Fakultas Syariah Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jibl.v11i02.26454

Abstract

This study is motivated by the widespread practice of illegal incidental parking during carnival events in the City of Malang, which has caused losses to the public and reflected the weak supervision of the local government. The limited resources of the Malang City Transportation Agency have hindered effective monitoring across all locations, thereby necessitating an alternative mechanism through community participation-based supervision. This research aims to examine the role of the Malang City Transportation Agency in addressing such violations and to analyze them from the perspective of sadd al-dzari’ah. This study employed an empirical juridical research method with sociological and statutory approaches. Primary data were obtained through interviews and observations, while secondary data were derived from relevant regulations and literature. The findings reveal that community participation-based supervision is implemented through public reporting, coordination with local village officials, and follow-up actions by the Transportation Agency. This mechanism is considered effective in overcoming the limitations of formal supervision and enhancing efforts to address illegal incidental parking practices. From the perspective of sadd al-dzari’ah, participatory supervision serves as a preventive measure to block pathways leading to harm, such as illegal levies, public inconvenience, and social conflict. Therefore, community involvement in supervision represents a relevant strategy that aligns with the preventive principles of Islamic law in creating order and justice in the management of incidental parking during carnival events in Malang City.
Co-Authors Adam Malik Siregar Dwi Fidhayanti Dwi Hidayatul Firdaus Fathia Auliya Afifah Kurniasih Bahagiati Mustafa Lutfi