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All Journal Indonesian Journal of Law and Policy Studies
Rijal Ibnu Sani
Universitas Muhammadiyah Tangerang
Law, Crime, Criminology & Criminal Justice Social Sciences

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Citizens’ Political Freedom in Regional Elections after Constitutional Court Decision Muhammad Azhari Aqil; Ahmad Ahmad; Selvi Aulia Herawati; Diah Puspita Anggraini; Mokhamad Bakhtiar Azami; Rijal Ibnu Sani
Indonesian Journal of Law and Policy Studies Vol. 4 No. 2 (2023): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v4i2.15881

Abstract

Indonesia adopts a democratic system, one indicator of which is reflected in the implementation of Regional Head Elections. In the Regional Head Elections process, a nomination threshold (electoral threshold) had previously been stipulated under Article 40 of Law Number 10 of 2016. However, through Constitutional Court Decision Number 60/PUU-XXII/2024, this provision was amended, reducing the nomination threshold through political parties from the previous requirement of 20% of DPRD seats or 25% of valid votes to a range of 6.5% to 10% of valid votes. This research employs a normative juridical method with a statutory approach. It aims to analyze the extent of citizens’ political freedom in participating in Regional Head Elections and to examine the constitutional implications of the Constitutional Court’s decision for citizens’ political rights and the strengthening of democracy at the local level. The decision opens wider opportunities for political participation through political parties and has the potential to reinforce local democracy in Indonesia.
The Role of the Constitutional Court in Safeguarding Democratic Dignity Junaidin Junaidin; Ahmad Ahmad; Gamal Abdul Nasir; Franky Aryadi; Rijal Ibnu Sani
Indonesian Journal of Law and Policy Studies Vol. 5 No. 2 (2024): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v5i2.15886

Abstract

This article examines the role of the Constitutional Court in maintaining the dignity of democracy. The method used in this research is the Normative Legal research method. The approaches used are the Legislative approach and the Conceptual approach. Constitutional democracy is a political system that affirms that power ultimately originates from the people, yet must be exercised within the limits set by the constitution. Democracy is not simply about five-yearly elections or the majority of votes. It is a system of values that must be maintained through a balance between popular sovereignty and constitutional supremacy. This is where the Constitutional Court (MK) comes into play.the guardian of the constitution at a time the guardian of democracy. Constitutional democracy places the basic law (the constitution) as the guiding principle for democratic practice, ensuring the guarantee of people's rights and preventing abuse of power. Indonesia's constitutional system, following the amendments to the 1945 Constitution, has moved toward constitutional democracy, with direct elections, human rights guarantees, and the strengthening of constitutional guardian institutions. However, democratic practice still faces challenges in the form of political oligarchy, money politics, and limitations in the constitutional courts.
The Legality of Digital Evidence in Land Disputes: A Perspective on Civil Procedure Law Reform in the Telematics Era Rijal Ibnu Sani; Suartini Suartini; Tri Cahya Indra Permana; Ahmad Ahmad; Riri Gusda
Indonesian Journal of Law and Policy Studies Vol. 4 No. 1 (2023): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v4i1.15922

Abstract

The digital transformation of land administration through the implementation of electronic land certificates has significant implications for the evidentiary system in courts. The primary issue arises when conventional civil procedural law is confronted with digital evidence that possesses technical characteristics distinct from physical documents, thereby creating legal uncertainty in the resolution of land disputes. This study aims to analyze the legality and evidentiary strength of electronic land certificates in civil litigation and to formulate an ideal reconstruction of civil procedural law in the digital era. The research employs a normative juridical method with statutory and conceptual approaches. The findings indicate that although electronic land certificates possess legal validity under the Law on Electronic Information and Transactions (ITE Law), their evidentiary strength in court remains fluctuating due to the absence of standardized operational guidelines for judges in verifying the integrity of digital data. The study concludes that civil procedural law reform is necessary to explicitly regulate mechanisms for examining digital evidence, including the obligation to conduct forensic audits and the formal recognition of audit trails. Such reconstruction is essential to ensure substantive legal certainty and to protect landowners from the risk of electronic data manipulation. Through regulatory harmonization between civil law and telematics law, the judicial system can achieve adaptive legal protection in response to the advancement of information technology.
Legal Construction of Fake Diploma Allegations: An Analysis of Electronic Data Integrity under the Personal Data Protection and Electronic Information Laws Rijal Ibnu Sani; Suartini Suartini; Tri Cahya Indra Permana; Ahmad Ahmad; Misno Misno
Indonesian Journal of Law and Policy Studies Vol. 5 No. 1 (2024): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v5i1.15923

Abstract

The discourse surrounding the validity of public officials’ diplomas in cyberspace is frequently entangled in the criminalization of defamation offenses. There exists a profound ambiguity in law enforcement practices that fail to distinguish between criticizing the validity of an electronic document and intending to attack an individual’s personal honor. This blurred boundary generates concern among citizens who seek to exercise social control over the integrity of educational data, yet are instead confronted with the excessive penal threats of the Electronic Information and Transactions (ITE) Law. This study aims to deconstruct the juridical status of diplomas as electronic data within the framework of the ITE Law and the Personal Data Protection (PDP) Law, and to examine the implications of Constitutional Court Decision No. 104/2024 for the legal protection of individuals who verify public data within the digital ecosystem. Method: This research employs a normative juridical method using statutory and case approaches to analyze the ratio decidendi of the Constitutional Court. Results: The findings demonstrate that, from a telematics law perspective, a diploma constitutes a set of electronic information characterized as an object of information or a digital asset. Based on the latest Constitutional Court ruling, a clear distinction is established whereby the object of defamation is limited to human beings as legal subjects possessing dignity and honor, rather than objects or documents. Conclusion: Juridically, questioning the integrity of diploma data cannot automatically be classified as defamation. As long as the statement focuses on the authentication and verification of the document, such conduct forms part of freedom of expression and the exercise of social control protected by law
Rethinking Concurrent Creditor Protection in Suspension of Debt Payment Obligations Rijal Ibnu Sani; Suartini Suartini; Ahmad Ahmad; Tri Cahya Indra Permana; Misno Misno
Indonesian Journal of Law and Policy Studies Vol. 5 No. 2 (2024): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v5i2.15932

Abstract

The current practice of Suspension of Debt Payment Obligations (PKPU) in Indonesia reveals a distributive justice anomaly that disadvantages petitioning creditors. A “free-rider” phenomenon has emerged, whereby passive creditors obtain equal or even more favorable treatment without bearing litigation costs or the substantial legal risks associated with initiating proceedings. This inequity is exacerbated by settlement schemes that tend to marginalize initiating creditors through excessive postponement of payment schedules. This study aims to deconstruct the application of the Pari Passu Pro Rata Parte principle when applied without regard to litigation cost contributions, and to formulate a more equitable framework of legal protection for petitioning creditors as initiators of the restructuring process. The research employs a normative juridical method, utilizing conceptual and statutory approaches to evaluate the consistency between bankruptcy procedures and the values of distributive justice. The findings indicate that the absence of a litigation cost recovery mechanism generates structural injustice within the PKPU framework. From a legal standpoint, the petitioner’s financial burden and procedural initiative should be recognized as prioritized costs within the settlement plan. In conclusion, the PKPU regime requires policy redefinition to ensure financial protection for petitioning creditors, prevent exploitation by passive creditors, and preserve the integrity of commercial law enforcement.
Legal Hermeneutics as a Method 0f Rechtsvinding In Judicial Practice Vantriano Oktavian Garat; Gamal Abdul Nasil; Rijal Ibnu Sani; Aris Gumilar
Indonesian Journal of Law and Policy Studies Vol. 5 No. 1 (2024): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v5i1.15964

Abstract

Legal certainty and justice constitute fundamental objectives of law enforcement. However, statutory provisions are often incomplete and unable to fully anticipate concrete legal events. In such circumstances, judges are required to engage in legal discovery (rechtsvinding). This study examines legal hermeneutics as a philosophical and methodological foundation for legal interpretation in judicial practice. Using normative legal research with a conceptual approach, this article argues that legal hermeneutics enables judges to bridge the gap between legal texts and social realities through a dialogical process between text, context, and contextualization. The hermeneutic circle, fusion of horizons, and pre-understanding play central roles in shaping judicial reasoning. The case of Marbury v. Madison (1803) demonstrates how hermeneutic reasoning contributes to creative legal development. Legal hermeneutics thus provides an alternative paradigm beyond strict legal positivism, enabling a balanced realization of legal certainty, utility, and justice.
Artificial Intelligence as Digital Prose in Redefining Originality in Legal Discourse Rijal Ibnu Sani; Suartini Suartini; Ahmad Ahmad; Tri Cahya Indra Permana
Indonesian Journal of Law and Policy Studies Vol. 6 No. 1 (2025): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v6i1.16087

Abstract

This research originates from the phenomenon of moralistic stigma and academic conservatism that tend to perceive the integration of Artificial Intelligence (AI) as a degradation of originality in legal scholarship. Historically and empirically, however, the evolution of intellectual instruments from the pen to the computer has consistently transformed modes of expression without ever extinguishing the essence of human thought itself. This study aims to deconstruct the myth of “handwritten originality” while legitimizing AI as a lawful co-creative instrument within the domain of telematics legal writing. Employing a conceptual approach and historical-technological comparison, the research finds that in the era of digital disruption, the essence of originality no longer resides in the mechanical construction of diction, but rather in the authority of logical curation, data validation, and argumentative direction elements that remain fundamentally controlled by the human legal subject as the holder of intellectual agency. The analysis concludes that AI should be understood as “Digital Prose,” evolutionarily comparable to the transformative impact of the typewriter and office software revolutions of previous decades. Systemic resistance to this technology is thus interpreted as a manifestation of technophobia that is increasingly incompatible with contemporary standards of performance, efficiency, and accuracy in modern legal discourse. The study recommends a redefinition of academic ethics that is more inclusive of human–machine collaboration in advancing global legal literacy
The Paradox of Cessie: Juridical Risks Behind the Euphoria of Non-Performing Asset Purchases Rijal Ibnu Sani; Suartini Suartini; Ahmad Ahmad; Tri Cahya Indra Permana; Gamal Abdul Nasir
Indonesian Journal of Law and Policy Studies Vol. 6 No. 2 (2025): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v6i2.16090

Abstract

The phenomenon of bank receivables assignment (cessie) in Indonesia is currently experiencing a misleading paradigm shift, whereby this instrument is marketed as if it were a transaction for purchasing discounted property assets. The principal issue addressed in this study is a juridical paradox in the form of public misconception equating the position of the cessionary (assignee of receivables) with that of the direct owner of the secured object, whereas legally cessie merely constitutes the transfer of a claim right (vordering op naam). This research aims to deconstruct the proprietary nature of rights in cessie and to map the legal risks arising from the euphoria surrounding the acquisition of non-performing loans. The method employed is normative juridical research using statutory and conceptual approaches. The findings demonstrate that cessie does not automatically transfer ownership of the asset due to its accessory nature; physical control over the collateral still requires enforcement through mortgage execution procedures or eviction lawsuits, both of which are vulnerable to debtor resistance (derden verzet). The study concludes that the euphoria of purchasing cessie without proper legal risk mitigation will entrap buyers in protracted litigation and high costs. In essence, the buyer does not purchase a “house,” but rather a “right to claim,” fraught with legal uncertainty.
Challenging Military Court Jurisdiction Over Corruption Cases After Criminal Law Enforcement Suartini Suartini; Rijal Ibnu Sani
Indonesian Journal of Law and Policy Studies Vol. 6 No. 1 (2025): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v6i1.16127

Abstract

The main issue in this research is the dualism of absolute jurisdiction in handling corruption cases involving Indonesian National Armed Forces personnel. Although the anti-corruption legal framework forms a unified lex specialis system, such cases are often tried in Military Courts, which lack key instruments like investigations by the Corruption Eradication Commission and Ad Hoc Corruption Judges. This study aims to challenge the procedural legality of Military Courts in adjudicating corruption cases and highlights the need to unify corruption adjudication. Using normative legal research with statutory and conceptual approaches, it identifies conflicts between Military Court Law and national anti-corruption laws. The findings show that the absence of specific anti-corruption mechanisms in the military leads to procedurally flawed decisions and violates equality before the law. Therefore, all corruption cases should be handled by the Corruption Court as a single forum. Referring to Article 65(2) of the Indonesian National Armed Forces Law, soldiers must be subject to general courts for general crimes, including corruption. Thus, jurisdictional unification is essential to ensure legal certainty, transparency, and effective anti-corruption enforcement in Indonesia.
Co-Authors Ahmad Ahmad Aris Gumilar Diah Puspita Anggraini Franky Aryadi Gamal Abdul Nasil Gamal Abdul Nasir Junaidin Junaidin Misno Misno Mokhamad Bakhtiar Azami Muhammad Azhari Aqil Riri Gusda Selvi Aulia Herawati Suartini Suartini Suartini Tri Cahya Indra Permana Tri Cahya Indra Permana, Tri Cahya Indra Vantriano Oktavian Garat