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All Journal El-Mashlahah Sriwijaya Law Review Al-Bayyinah
Andri Sutrisno
Universitas Diponegoro
Religion Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice

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Balancing Individual Political Rights and Institutional Integrity in an Islamic Constitutional Perspective on Party Switching in Indonesia Andi Sugirman; Irfan Amir; Andri Sutrisno; Agnes Fitryantica; Sholihin Bone
El-Mashlahah Vol 15 No 2 (2025)
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v15i2.9995

Abstract

The study examined the regulation of party switching among members of Indonesia’s Regional People’s Representative Councils (DPRD) through an integrated analysis of constitutional law, political rights theory, and Indonesian Islamic jurisprudence. It critically evaluated Constitutional Court Decision No. 88/PUU-XXI/2023 to assess how individual political rights are balanced with institutional stability. Employing a normative legal research approach, the study combined statutory, case-based, and conceptual analyses, enriched with comparative insights from Malaysia, Pakistan, India, and South Africa. The findings found out that current legal mechanisms, particularly the Inter-Temporal Replacement (PAW) procedure under Article 193 of Law No. 23 of 2014, disproportionately empower political parties, undermining electoral legitimacy and legislators’ autonomy. By integrating maqāṣid al-sharī‘ah principles, including al-‘adl (justice), al-maṣlaḥah (public welfare), amanah (trust), and ḥurriyyah siyāsiyyah (political freedom), the study proposed normative and practical reforms to enhance proportionality, transparency, and fairness in regulating party switching. The research contributed to scholarship by linking constitutional law, political representation, and Islamic ethical principles, providing theoretical insights and actionable recommendations to strengthen democratic representation, protect political rights, and reinforce institutional legitimacy in Indonesia.
Structural Inequality in International Trade Law: Colonial Legacies and Indonesia’s Legal-Policy Responses Andri Sutrisno; F.X. Joko Priyono; Nanik Trihastuti; Muhammad Annas
Sriwijaya Law Review Volume 10 Issue 2, July 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i2.5659

Abstract

  Legacies of colonialism remain deeply embedded in the architecture of contemporary international trade, particularly for developing nations such as Indonesia. The legal and institutional framework governing global commerce, largely shaped during the colonial period, continues to generate inequalities in market access, regulatory standards, and participation in global value chains. Indonesia, in particular, continues to grapple with persistent reliance on raw commodity exports, protectionist barriers imposed by advanced economies, and the outsized influence of multinational corporations within key economic sectors. This paper explores how these historical colonial patterns continue to shape Indonesia's contemporary trade policy, alongside the measures the country has adopted to address them—most notably its industrial downstreaming agenda, active engagement in regional and multilateral trade frameworks, and ongoing attempts to renegotiate trade arrangements on more favorable terms. The analysis further situates Indonesia's experience alongside comparable efforts by other developing economies, including Vietnam, Brazil, and South Africa, to confront similar structural constraints. Existing scholarship has generally treated the colonial roots of trade inequality and the domestic policy responses of developing states as separate lines of inquiry, leaving limited systematic connection between historical structural legacies and present-day measures like downstreaming, while cross-country comparisons remain scarce. This study addresses that gap by combining a historical-colonial lens with comparative policy analysis, offering a novel framework linking colonial-era trade structures to the effectiveness of downstreaming and economic diplomacy under current global trade governance underscoring the need for proactive diplomacy and stronger South-South cooperation toward a fairer trading system.
Telematics in Global Digital Trade: A Case Study of Temu and Shein and Its Implications For E-Commerce Regulations in Indonesia and UNCITRAL Andri Sutrisno; F.X. Joko Priyono; Nanik Trihastuti
Al-Bayyinah Vol. 9 No. 2 (2025): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v9i2.9097

Abstract

Digital trade has rapidly developed with the support of telematics technology, which enables connectivity among economic actors worldwide. Major e-commerce platforms like Temu and Shein leverage this technology to accelerate product distribution and expand their market reach. Temu, with its business model that directly connects producers and consumers, reduces distribution costs and speeds up delivery. Shein, which adopts a fast fashion model, utilizes telematics-based applications to enhance the speed of production and distribution, as well as to quickly respond to fashion trends. Nevertheless, the global e-commerce sector faces significant regulatory challenges, particularly concerning digital taxation, consumer protection, and personal data protection. In Indonesia, these regulatory challenges become more complex due to cross-border digital transactions involving international platforms that do not fully comply with local regulations. Therefore, this study aims to analyze the role of telematics technology in supporting global digital trade and its impact on e-commerce regulatory policies, as well as to propose policy measures to address the existing challenges. This research uses a qualitative approach with document analysis and literature review from various related sources. The findings indicate that regulatory updates and stronger international cooperation are crucial to addressing cross-border e-commerce regulatory challenges and enhancing consumer protection and fair implementation of digital taxation.
Co-Authors Agnes Fitryantica Amir, Irfan Andi Sugirman F.X. Joko Priyono F.X. Joko Priyono Muhammad Annas Nanik Trihastuti Nanik Trihastuti Sholihin Bone