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Constitutional Inquiry Rights in Evaluating Constitutional Court Decisions: A Case Study of MK Decision No. 90/PUU-XXI/2023: Hak Angket Konstitusi dalam Mengevaluasi Putusan Mahkamah Konstitusi: Studi Kasus Putusan MK No. 90/PUU-XXI/2023 Razak, Askari; Amin, Fakhry
Rechtsidee Vol. 11 No. 2 (2023): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i2.1012

Abstract

This research focuses on analyzing the construction of the parliamentary inquiry right (hak angket) within the context of the controversial Constitutional Court (Mahkamah Konstitusi, MK) Decision No. 90/PUU-XXI/2023 in Indonesia. The decision, which interprets the age requirement for presidential and vice-presidential candidates, has sparked debates about the potential misuse of MK's authority. The study aims to understand the legal construction of the DPR’s parliamentary inquiry in light of the 1945 Constitution and relevant legislations, and to assess its implications on the oversight function of representative institutions. Employing a normative legal research methodology, the study analyzed legislation, legal concepts, and conducted expert interviews and content analysis. The findings reveal that the parliamentary inquiry, as a constitutional right of the DPR stipulated in Article 20A paragraph (2) of the 1945 Constitution, is utilized to assess the impact of MK Decision No. 90/PUU-XXI/2023 on Indonesia’s democracy and electoral system. The study highlights the need for DPR to observe legal provisions and ensure transparency and accountability in its inquiry process, emphasizing the significance of balancing democratic principles, transparency, and protection of citizens’ political rights in the oversight mechanism.Highlights: Parliamentary Inquiry and Democracy: Exploration of the DPR's inquiry right in relation to MK's decision, emphasizing its importance for democratic accountability. Legal and Democratic Implications: Focus on the legal boundaries and democratic significance of applying the inquiry to a judicial decision. Transparency and Accountability: Highlighting the need for transparency and accountability in the parliamentary inquiry process. Keywords: Parliamentary Inquiry, Constitutional Court Decision, Legal Analysis, Indonesian Democracy, Oversight Function
Analysis of the Interest of the Chinese Government in the Xinjiang Region in the Uyghur Muslim Ethnic Conflict Nurhidayati, Nurhidayati; Rahayu, Riva; Utari, Tituk; Nurhamzah, Nurhamzah; Efendi, Muhsin; Amin, Fakhry
International Journal of Demos (IJD) Volume 4 Issue 3 (2022)
Publisher : HK-Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37950/ijd.v4i3.336

Abstract

AbstractMuslims in China are one of the minority ethnic groups that still exist today. Ethnic Hui and Uyghurs are among China’s most significant ethnic minority Muslims. The Uyghur Ethnic Conflict was based on discrimination by the Chinese government against Uyghur Muslims, which later led to anarchic acts and policies of persecution of the Chinese government towards Uyghur ethnicity. This study looks at the interests of the Chinese state government in the Xinjiang region in the occurrence of Uyghur Muslim ethnic conflicts. The approach used in this research is qualitative. Then the data used in this study comes from various research results and previous studies that are still related to the Uyghur Muslim ethnic conflict. This study found that the Uyghur Muslim ethnic group in Xinjian felt injustice, so they asked the Chinese government to separate Xinjian from China. Then this conflict is getting worse because the Chinese government uses violence and violates human rights. Despite getting a lot of criticism from various parts of the world, China still carries out this repression for its economic purposes.Keywords: Uyghur Muslims, China, Interest, Ethnic Conflict, Xinjiang. AbstrakMuslim di China merupakan salah satu etnis minoritas yang masih eksis hingga saat ini. Etnis Hui dan Uyghur adalah salah satu etnis minoritas Muslim paling signifikan di China. Konflik Etnis Uyghur didasari oleh diskriminasi yang dilakukan pemerintah China terhadap Muslim Uyghur, yang kemudian berujung pada tindakan anarkis dan kebijakan persekusi pemerintah China terhadap etnis Uyghur. Penelitian ini melihat kepentingan pemerintah negara China di wilayah Xinjiang dalam terjadinya konflik etnis Muslim Uyghur. Pendekatan yang digunakan dalam penelitian ini adalah kualitatif. Kemudian data yang digunakan dalam penelitian ini berasal dari berbagai hasil penelitian dan penelitian sebelumnya yang masih terkait dengan konflik etnis Muslim Uyghur. Penelitian ini menemukan bahwa kelompok etnis Muslim Uyghur di Xinjian merasakan ketidakadilan, sehingga mereka meminta pemerintah China untuk memisahkan Xinjian dari China. Kemudian konflik ini semakin parah karena pemerintah China menggunakan kekerasan dan melanggar hak asasi manusia. Meski mendapat banyak kritik dari berbagai belahan dunia, China tetap melakukan represi ini untuk kepentingan ekonominya.Kata kunci: Muslim Uyghur, Cina, Kepentingan, Konflik Etnis, Xinjiang.
Philosophy Of Justice In Post-Modern Labor Law: What And How? Solapari, Nuryati; Amin, Fakhry; Alamsyah, Syahrul
Jurnal Dinamika Hukum Vol 23, No 2 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.2.3655

Abstract

The main objective of this research is to examine the concept of justice in labor law which has developed in the context of the post-modern era as marked by rapid social and technological changes and a more inclusive view of justice. By using normative research, researchers will conduct an in-depth analysis of relevant literature on the philosophy of justice, labor law, and postmodernism as part of primary and secondary legal materials. The data collection process will involve a thorough literature review, analysis of legal texts, and examination of related documents and articles from reliable sources. The differentiation of this study from other studies is its comprehensive analytical approach to understanding justice in labor law and its focus on changes and adaptations that occur in the post-modern era. these findings will explain the concept of justice in the workplace that has adapted to the challenges of the times. In addition, this study aims to identify obstacles and opportunities in building a fair, diverse and efficient employment system for all stakeholders. By paying attention to social dynamics, technology, and postmodern values, researchers hope that labor law can be more responsive and flexible in maintaining a sense of justice and the balance of power between employers and workers.
ELECTIONS AND THE DIGITAL CAMPAIGN CODE OF ETHICS: EFFORTS TO CREATE A CAMPAIGN BASED ON DIGNIFIED JUSTICE Razak, Askari; Amin, Fakhry
Awang Long Law Review Vol. 6 No. 1 (2023): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i1.1098

Abstract

Elections, as a cornerstone of democracy, are encountering unprecedented challenges in maintaining ethical standards and justice values, primarily due to the surge in digital campaigning. Ethical concerns arising from the unregulated use of digital campaign media underscore the urgent need to formulate and implement a Digital Campaign Code of Ethics. This code is envisioned as a guide to integrity for political communicators in the digital space. The research explores the imperative nature of establishing a digital campaign code of ethics to foster responsible election campaigns reflective of justice and dignity. It also seeks to identify challenges and obstacles associated with its implementation. Using a legislative and conceptual approach, this normative legal research scrutinizes regulations related to elections and campaigns, reviewing legal doctrines and principles pertinent to forming a digital campaign code of ethics. Primary and secondary legal materials are collected, analyzed descriptively and analytically, and formulated into logical arguments to address legal issues. The findings emphasize the critical urgency of a digital campaign code of ethics in realizing responsible election campaigns aligned with justice and dignity. The prevalence of digital media and social networks as primary campaign channels heightens the risk of these campaigns becoming tools to advance specific interests without considering justice. The code of ethics is deemed essential to provide legal certainty, delineate ethical boundaries, and prevent the misuse of digital media. Additionally, it guides campaign participants to engage in political competition with integrity and dignity. However, the challenges associated with implementing digital ethics codes are complex. Control over ethical standards is challenging due to the swift dissemination of campaign content, delayed oversight and sanctions, and social media's vulnerability to misinformation and personal attacks. Active cooperation among authorities, election organizers, and social media platforms is crucial for effective monitoring and response to digital campaign content that violates ethical standards.
Constitutional Ethics Rooted in Customary Values: Comparative Analysis between Indonesia and Russia Amin, Fakhry; Begishev, Ildar Rustamovich
SASI Volume 32 Issue 1, March 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i1.3493

Abstract

Introduction: Constitutional ethics reflect the moral dimension that guides the administration of the state based on the cultural and historical values of the nation. Every country in the global context has a root value that shapes the character of its constitution. Indonesia and Russia are interesting examples because they both place local ethics, culture, and traditions as the basis for constitutional legitimacy.Purposes of the Research: This research aims to analyze and compare how customary and cultural values affect the formation and implementation of constitutional ethics in Indonesia and Russia. Through this study, it is hoped that a deeper understanding of the relationship between culture, ethics, and the constitution as the main pillars of morality in modern governance can be found.Methods of the Research: The research method used is qualitative and comparative with normative and socio-cultural approaches. Data was obtained through literature studies of constitutional documents, legal texts, and the results of previous research. The analysis was carried out in a descriptive-comparative manner to explore the similarities and differences between the two legal systems in internalizing customary-based ethical values into constitutional principles and state practices.Results of the Research: The findings show that both Indonesia and Russia have strong constitutional ethics rooted in the traditions of their people. Indonesia emphasizes social harmony, mutual cooperation, and social justice based on Pancasila, while Russia emphasizes the values of loyalty, national solidarity, and spirituality. Although they differ in their source of value, they show that the constitution is not just a legal document, but a reflection of the nation's moral and cultural identity that strengthens the state's legitimacy and social integrity.