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p-Index From 2021 - 2026
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All Journal International Journal of Humanities Education and Social Sciences Syura: Journal of Law
Mawardi Mawardi
Institut Bahri Asyiq Galis Bangkalan
Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Regional Head Elections by the People's Representative Council: A Critical Analysis of Constitutionality and Democratic Backsliding Mawardi Mawardi; Yudhi Hertanto; Patawari Patawari; Jusuf Luturmas; Karman Jaya
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 5 No 5 (2026): IJHESS APRIL 2026
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v5i5.2149

Abstract

The election of regional heads constitutes a fundamental mechanism for the realization of popular sovereignty and the implementation of decentralization at the local level. Since the post-reform era, the direct election of regional leaders by citizens has been widely regarded as a significant achievement in strengthening local democracy in Indonesia. Nevertheless, the re-emergence of discourse advocating the election of regional heads by Regional People’s Representative Councils (DPRD) has sparked intense debate, particularly from constitutional law and contemporary democratic theory perspectives. This article aims to critically examine the election of regional heads by DPRD by assessing its compatibility with constitutional principles and analyzing its implications within the framework of democratic backsliding. The research employs normative legal methods, utilizing statutory, conceptual, and comparative approaches. The findings indicate that although the election of regional heads by DPRD may formally satisfy procedural democratic requirements, such a mechanism carries a substantial risk of weakening substantive democracy. This is evidenced by the reduction of direct public participation, the increasing influence of political elites and oligarchic structures, and the shift of accountability from the electorate to local legislative bodies. Furthermore, this mechanism is considered inconsistent with the spirit of Article 18 paragraph (4) of the 1945 Constitution of the Republic of Indonesia, which emphasizes the democratic election of regional leaders. Therefore, any alteration to the regional head election system must be approached with caution to ensure that it does not become a vehicle for democratic regression, but rather contributes to the enhancement of legitimacy, public participation, and the overall quality of local democracy.
A Reconstruction of the Business Judgment Rule Doctrine from the Perspective of Modern Civil Law: Between Director Protection and Corporate Accountability Selamat Lumban Gaol; Mawardi Mawardi; Abdulwahab Abdullah Al-Maamari
Syura: Journal of Law Vol. 4 No. 2 (2026)
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v4i2.815

Abstract

The business judgment rule (BJR) is a fundamental doctrine in corporate law that provides legal protection to directors for business decisions made in the course of managing a company. Such protection applies as long as the decisions are taken in good faith, with due care, and within the scope of their lawful authority. In practice, this doctrine functions to prevent excessive interference in business policies, which inherently involve risk and uncertainty. However, along with the development of modern civil law, which increasingly emphasizes the principles of justice, transparency, and accountability, the BJR doctrine requires conceptual reconstruction to prevent its misuse as a shield against legal responsibility. This study aims to examine the concept of the BJR within the framework of Indonesian positive law and to formulate a reconstruction model that is more responsive to the dynamics of modern civil law. The research employs a normative juridical method with statutory and conceptual approaches. The analysis is conducted through a review of primary and secondary legal sources related to directors’ liability and the duty of care in corporate governance. The findings indicate that the regulation of the BJR in Indonesia still contains normative ambiguities, particularly concerning the parameters of good faith and the standards of due care, which have not been clearly and objectively defined. The novelty of this study lies in proposing a reconstruction model of the business judgment rule based on objective parameters for assessing good faith and due care. This study contributes a normative framework to strengthen legal protection for directors while reinforcing the principle of corporate accountability. Therefore, a reconstruction of the BJR doctrine is necessary through the strengthening of objective parameters, enhancement of transparency in decision-making processes, and reinforcement of corporate accountability principles in order to achieve a balance between the protection of directors and legal responsibility.
Co-Authors Abdulwahab Abdullah Al-Maamari Gaol, Selamat Lumban Jusuf Luturmas Karman Jaya Patawari Patawari Yudhi Hertanto