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All Journal Jurnal Penelitian Hukum De Jure Indonesian Journal of Law and Society
Mukminto, Eko
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Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Clear Pathway of the Constitutional Court's Decision on Adherents of Belief In Indonesia Wahanisa, Rofi; Mukminto, Eko; Al Fikry, Ahmad Habib; Rachmawati, Fairus Augustina
Indonesian Journal of Law and Society Vol 5 No 2 (2024): Indigenous Human Rights and the Cultural Resistance
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v5i2.47729

Abstract

The conception of state of law holds the principles of human rights protection and independent as well as unbiased justice in its implementation. The Constitutional Court has a significant role in reviewing constitutionality under the constitution as stipulated in Article 24C paragraph (1) of the Constitution. The Constitutional Court's functions result in final, binding decisions. Judges play a crucial role in implementing impartiality and upholding laws in society. This notion corresponds to Article 5 paragraph (1) of the Law of Judicial Power and the theory of progressive law which view that laws are established for human life. The objectives of this article is: (i) pinpoint the functions of the Constitutional Court in reviewing the Law of Civil Administration; and (ii) uncover the implications of the Constitutional Court Decision Number 97/PUU-XIV/2016. The writer used a normative legal research. The results indicate that (i) in reviewing the Law of Civil Administration the Constitutional Court serves its functions as a constitutional guard, constitutional interpreter, human rights protector, and democracy protector. First, in reviewing a quo law the judges’ considerations are based on the 1945 Constitution as the realization of upholding the constitution. Second, as a constitutional interpreter, the judges interpret religions and beliefs are an integral entity. Third, granting the request of reviewing a quo law is considered as a concrete manifestation of fulfilling and protecting human rights, in this case native-faith followers. Fourth, the request granted provides a clear pathway for acknowledging the identity of native-faith followers so that they can freely practise their faith. (ii) The decision of a quo has massive implications for society and leads to the establishment of laws as a tool of social engineering. Recognizing native-faith followers in civil administration establishes a new norm, ensuring their rights are implemented and fulfilled. KEYWORDS: State of Law, Constitutional Court Decision, and Native Faith.
Politik Perampasan Tanah: Kematian Senyap Emansipasi dalam Hukum Agraria Wahanisa, Rofi; -, Syahwal; Mukminto, Eko
Jurnal Penelitian Hukum De Jure Vol 25, No 2 (2025): July Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2025.V25.133-150

Abstract

In the midst of Indonesia's ongoing wave of development, agrarian conflicts that manifest in land grabbing have become increasingly prominent, despite frequently lacking clear legal justification. This study critically examines the role of law in facilitating and grabbing and interrogates the mechanism through which legal frameworks come to serve such a function. It addresses a significant gap in the scholarly discourse concerningthe legal dimensions of land dispossession. Employing a non-doctrinal approach, this research draws upon an extensive literature studies, regulatory analysis, and judicial decision reviews. The findings reveal that land grabbing in Indonesia is not merely driven by informal practices or extralegal coercion. Rather, it is frequently facilitated through legal instruments, most notably within the framework of National Strategic Projects (PSN). These projects demonstrate how the law is mobilized to legitimize dispossession, masking structural violence behind the veneer of legality. In this context, the emancipatory vision of Indonesian agrarian law faces systemic erosion. Rather than fading passively, it is actively dismantled under the influence of neoliberal imperatives embedded in post-1997 policy reforms. Ultimately, this study shows that law is not a neutral arbiter in agrarian conflict, but a powerful tool of accumulation by dispossession.
Co-Authors -, Syahwal Al Fikry, Ahmad Habib Rachmawati, Fairus Augustina Rofi Wahanisa