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All Journal Yustisia JURNAL LITIGASI (e-Journal) Nurani: Jurnal Kajian Syariah dan Masyarakat Jurnal Hukum IUS QUIA IUSTUM Lex Renaissance YUSTISI Jurnal Yudisial JURNAL ILMIAH ADVOKASI Lampung Journal of International Law (LaJIL) Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Yustisi: Jurnal Hukum dan Hukum Islam Jurnal Hukum Lex Generalis Indonesia Private Law Review Jurnal PkM (Pengabdian kepada Masyarakat) Sultan Jurisprudence : Jurnal Riset Ilmu Hukum Yustisia Tirtayasa: Jurnal Tugas Akhir Journal Equity of Law and Governance Administrative and Environmental Law Review Jurnal Interpretasi Hukum Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Legal Protection for the Partnership Agreement Parties Trunojoyo Law Review Jurnal Ilmiah Hukum dan Hak Asasi Manusia Jurnal Smart Hukum (JSH) Journal of Constitutional Law Society (JCLS) MILRev: Metro Islamic Law Review Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Law & Pass : International Journal of Law, Public Administration and Social Studies Journal of Indonesian Constitutional Law Khazanah Hukum Contemporary Issues on Indonesian Social Justice and Legal Reform
Firdaus, Arifin
Faculty Of Law, Universitas Pasundan
Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Legality and Effectiveness of the DPR’s Aspiration Network System under Administrative Law Ihsanul Maarif; Firdaus Arifin; Luma Ali Faraj Al Dhaheri; Novendri M. Nggilu; M. Yasin Al Arif
TRUNOJOYO LAW REVIEW Vol 8, No 2 (2026): August (On Progress)
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v8i2.33486

Abstract

The public aspiration management system within Indonesia’s House of Representatives (DPR) operates without a clear framework rooted in administrative law, resulting in procedural ambiguity, weak institutional accountability, and limited meaningful public participation. The aim of this study is to analyze the normative and institutional shortcomings of the House of Representatives’ consultation system; consequently, it seeks to contribute by proposing a conceptual framework grounded in administrative law. Employing normative legal research with a conceptual and statutory approach, this study also draws on a qualitative analysis of institutional documents and academic literature. The findings revealed the absence of standardized regulations governing aspiration procedures, which rendered the system discretionary and resistant to objective evaluation. Aspirations are treated as political functions rather than administrative obligations, undermining the legitimacy of legislative representation. The study recommends institutional and regulatory reforms, including the development of standard operating procedures, a digital aspiration tracking system, and the integration of accountability principles into legislative ethical codes. These findings not only expose institutional deficiencies but also reconceptualize the DPR’s aspiration system within the framework of administrative law. A key theoretical contribution lies in extending the scope of administrative law beyond the executive branch to legislative institutions, particularly in the governance of public participation. Public aspirations are reframed as administrative rights and forms of public service rather than merely political functions. The introduction of a “limited administrative embedding” model provides a structured approach to integrating administrative principles into legislative functions without diminishing their political character.
Rethinking Contemporary Pesantren Law and Economic Independence: A Legal Economic Approach to Institutional Sustainability Anas Alhifni; Biyati Ahwarumi; Radif Khotamir Rusli; Ramadhita; Firdaus Arifin; Naim Demirel
MILRev: Metro Islamic Law Review Vol. 5 No. 1 (2026): MilRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v5i1.12977

Abstract

This study critically examines the relationship between Law No. 18 of 2019 concerning Pesantren and the realization of economic independence within Islamic boarding schools in Indonesia through the perspective of law and economics. Although the law formally recognizes pesantren as institutions of community empowerment, this article questions whether normative legal recognition is sufficient to create sustainable economic autonomy. The research employs a doctrinal legal method combined with an institutional economics approach, emphasizing incentive structures, transaction costs, institutional governance, and economic sustainability. Data were analyzed through statutory interpretation, conceptual analysis, and institutional evaluation of pesantren economic practices in contemporary Indonesia. The findings demonstrate a significant gap between normative legal expectations and practical implementation. Many pesantren continue to experience structural limitations in access to capital, managerial professionalism, market integration, and institutional competitiveness, resulting in continued dependence on state assistance and donor-based programs. The study further reveals that the effectiveness of pesantren law is strongly influenced by the design of legal-economic incentives, institutional differentiation between resource-rich and resource-poor pesantren, and the integration of pesantren enterprises into the broader Islamic financial ecosystem. This article argues that economic independence should not be understood as an automatic consequence of legal recognition, but rather as a dynamic and negotiated process involving the interaction of state regulation, market mechanisms, and religious authority. The study contributes to contemporary Islamic legal scholarship by offering an institutional economics framework for pesantren development and proposing policy recommendations focused on incentive-based regulation, tiered Sharia-compliant financing, and sustainable institutional capacity building for pesantren economic transformation.
THE EFFECTIVENESS OF TAX OPTIONS IN THE DIVISION OF TAXATION REVENUE: Perspectives on Fiscal Equity and Decentralisation Rustian Mushawirya; Firdaus Arifin; Ihsanul Maarif; Robi Assadul Bahri; Anastasia Wahyu Murbani
Al-Risalah Vol 26 No 1 (2026): June 2026
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v26i1.1657

Abstract

Fiscal decentralisation in Indonesia aims to strengthen regional autonomy and promote fiscal equity through instruments such as tax surcharges. However, there are significant disparities in the utilisation of tax surcharges between advanced and underdeveloped regions, raising concerns about the effectiveness of this instrument in reducing fiscal inequality. This study seeks to evaluate the effectiveness of tax surcharges in supporting equitable fiscal redistribution in Indonesia, with a focus on regional differences in fiscal capacity. The research employs a normative-empirical method involving policy analysis and empirical data from regions implementing tax surcharges. The findings reveal that regions with greater fiscal capacity can better leverage tax surcharges, while underdeveloped regions remain reliant on fiscal transfers from the central Government. Administrative constraints and limited technical capacity in underdeveloped regions are significant obstacles. The implications of these findings highlight the need for enhanced administrative and fiscal capacity in disadvantaged regions, more flexible tax policy reforms, and further studies to assess the long-term impact of tax surcharges in promoting fiscal equity.
LEGAL RECOGNITION OF METAVERSE PROPERTY RIGHTS AND THE TRANSFER OF VIRTUAL ASSETS IN INDONESIAN PRIVATE LAW Zico Junius Fernando; Mas Putra Zenno Januarsyah; Firdaus Arifin; Vidyadhara Prawiratama Nugraha; Fardana Kusumah
Indonesia Private Law Review Vol. 7 No. 1 (2026)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v7i1.5183

Abstract

Metaverse has transformed virtual assets into economically valuable objects that challenge conventional concepts of property under Indonesian private law. Although virtual assets such as cryptoassets, non-fungible tokens (NFTs), and metaverse property are widely traded, their legal status remains uncertain, creating ambiguity regarding ownership, transfer, and legal protection. This study examines the normative basis for recognizing virtual assets as objects of property rights within Indonesia's civil law system. Using a normative juridical method with a comparative approach, the study analyzes Indonesian private law alongside developments in England and Wales, Singapore, Japan, and the European Union. The findings demonstrate that virtual assets satisfy the defining characteristics of intangible property, including identifiability, exclusive control, transferability, and economic value, making them capable of recognition as objects of proprietary rights. The study further argues that blockchain-based transfers and smart contracts can operate as legally valid mechanisms for transferring ownership when supported by appropriate legal recognition. To strengthen legal certainty, Indonesia should recognize virtual assets as a distinct category of intangible property, adapt property law to digital transactions, strengthen proprietary remedies, and modernize dispute resolution and cross-border enforcement. These reforms would provide a coherent legal framework for protecting virtual assets and support the development of Indonesia's digital economy.
Designing an AI-Driven Legislation Framework to Improve Indonesia's Law-Making Transparency and Public Participation Firdaus Arifin; Cece Suryana; Ihsanul Maarif; Robi Assadul Bahri; Anastasia Wahyu Murbani
Yustisia Vol 14, No 2: August 2025
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v14i2.98092

Abstract

The legislative process in Indonesia faces persistent challenges, including inefficiency, limited transparency, and minimal public participation. This study examines the integration of AI, particularly Natural Language Processing, into the design of an e-legislation system to address these systemic issues. Employing a normative-empirical legal research methodology, this study combines doctrinal legal analysis with a design science approach to prototype an AI-driven legislative platform. The study reveals that integrating AI, particularly Natural Language Processing, can enhance legal drafting efficiency, improve legislative process transparency, and enable real-time public participation. The proposed AI-driven legislation system can detect redundancies, contradictions, and legal inconsistencies, as well as classify public input to support evidence-based decision-making. The study underscores the importance of explainable AI principles, algorithmic transparency, and participatory feedback mechanisms to uphold democratic legitimacy. Pivotal challenges identified include limited digital infrastructure, the absence of specific legal frameworks for AI in legislation, and risks of bias and privacy violations. The study recommends establishing specific regulations, conducting pilot testing of the prototype system, and fostering multidisciplinary collaboration to ensure AI's ethical, accountable, and inclusive use in Indonesia's law-making process
ADMINISTRATIVE LAW ANALYSIS OF REGIONAL INVESTMENT INCENTIVE POLICIES AND ITS IMPACT ON REGIONAL ECONOMIC GROWTH Firdaus Arifin
Jurnal Ilmiah Advokasi Vol 12, No 4 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i4.6336

Abstract

The implementation of investment incentive policies in regional areas often encounters obstacles due to legal uncertainty and inconsistencies in the application of administrative law, which negatively affect investment attractiveness and local economic growth. Effectively designed incentives, such as tax reductions, simplified licensing processes, and other supportive investment facilities, have been shown to increase investor interest in specific regions. This study aims to analyze the role of administrative law in supporting regional investment incentive policies and their impact on economic growth. Using a normative legal approach and qualitative analysis methods, the study reveals that consistent application of administrative law strengthens investor confidence in legal certainty. For example, regions that provide performance-based incentives and ensure legal protection for investments have demonstrated increased investment levels. Conversely, legal uncertainty and a lack of inter-agency coordination often lead to ineffective incentive policies, exacerbate economic disparities between regions, and weaken investment competitiveness. The findings highlight the need for reforms in the administrative legal framework, harmonization of incentive policies, and improved inter-agency coordination to ensure that investment incentive policies effectively promote inclusive and sustainable economic growth across Indonesia. Keywords: Administrative Law, Investment, Policy, Regional Economy
RECONSTRUCTING THE JUDICIAL SUPERVISION PARADIGM IN INDONESIA: ANALYSIS OF CONSTITUTIONAL COURT DECISION NO. 39/PUU-XIII/2015: REKONSTRUKSI PARADIGMA SUPERVISI DI INDONESIA: ANALISIS KEPUTUSAN MAHKAMAH KONSTITUSIONAL NO. 39/PUU-XIII/2015 Arif Budiman; Firdaus Arifin
Constitutional Law Society Vol. 5 No. 1 (2026): March
Publisher : Pusat Studi Konstitusi dan Perundang-undangan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/jcls.v5i1.146

Abstract

This study examines fundamental weaknesses in judicial supervision in Indonesia following Constitutional Court Decision Number 39/PUU-XIII/2015. Using normative legal research with statutory, case-based, conceptual, and comparative approaches, the research identifies a critical research gap: the absence of comprehensive frameworks that integrate oversight of judicial technical reasoning with ethical evaluation in ways that maintain judicial independence while strengthening institutional accountability. This study theoretically contributes to the development of balanced independence-accountability theory by reconceptualizing judicial supervision as a system that enables rather than constrains judicial professionalism. The findings indicate three central issues. First, Constitutional Court Decision Number 39/PUU-XIII/2015 has significantly narrowed the authority of the Judicial Commission by restricting oversight related to judicial technical matters, creating institutional vulnerability. Second, both internal and external supervisory mechanisms failed to detect early indications of bribery in the acquittal verdict of Gregorius Ronald Tannur, despite striking inconsistencies between the court's legal reasoning and the evidentiary record, demonstrating critical gaps in monitoring systems. Third, judicial supervision in Indonesia remains predominantly reactive rather than proactive, addressing issues only after they surface in criminal proceedings. This study recommends regulatory reform through the enactment of the Judicial Office Bill, revision of the Judicial Commission Law, and integration of artificial intelligence systems with appropriate safeguards to identify anomalous judicial decisions. These measures aim to strengthen preventive mechanisms while preserving judicial independence and ensuring institutional accountability.
Screening of Court Competence Through Dismissal of Process in The General Justice System Firdaus Arifin
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 3 (2024): August
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i3.28

Abstract

In the world there are 2 (two) types of legal systems, namely the Anglo Saxon or Common Law System and the Continental Europe or Civil Law System, Countries with Anglo Saxon legal systems do not recognize the separation of judicial chambers. Indonesia as a continental european adherent in the exercise of judicial power divides into several courts under it, including General Courts, Religious Courts, Administrative Courts, and Military Courts. The number of cases submitted to the District Court as General Court makes the case unfiltered, whether it is under the authority of the District Court or other Courts, in contrast to the State Administrative Court where in its procedural law there is a lawsuit research process that goes to the Court or commonly known as the dismissal process. Therefore, a legal transplant is needed to overcome the problem. In addition, there is a need for a Supreme Court Regulation (PERMA) which regulates the stages of dismissal of proceedings in the General Court in civil cases, commercial cases, industrial relations cases, and cases at the Human Rights Court as well as the revision of Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations, the revision of Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes, and the revision of Law Number 26 of 2000 concerning the Human Rights Court.
Unfair Business Competition in the E-Commerce Ecosystem: Comparison of Indonesian and South Korean Regulations Andika Prawira Buana; Firdaus Arifin
Contemporary Issues on Indonesian Social Justice and Legal Reform Vol. 1 No. 1 (2025): Contemporary Issues on Indonesian Social Justice and Legal Reform, April 2025
Publisher : Artes Libres Institutum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research provides a comprehensive comparative analysis of the regulatory frameworks for e-commerce in Indonesia and South Korea, focusing on how each country manages unfair business practices within their digital markets. The study employs a normative legal research method, incorporating systematic literature reviews and a comparative approach to explore the intricacies of each country's legal frameworks and their enforcement mechanisms. The findings reveal significant differences in the level of technological integration and the specificity of legal frameworks between the two countries. South Korea exhibits a more advanced regulatory framework with specific e-commerce laws and robust technological enforcement mechanisms that enhance compliance and market monitoring. Conversely, Indonesia's broader and less specific regulations result in ambiguities that hinder effective enforcement and compliance. The study suggests that Indonesia could benefit from refining its legal framework to include more precise regulations tailored to digital transactions and enhancing its technological capabilities for enforcement. This comparative analysis underscores the importance of adaptive and technology-driven regulations in maintaining fair competition and safeguarding consumer interests in the rapidly evolving digital marketplace.
Transnational Environmental Crime in the Context of International Criminal Law and Victim-Centered Environmental Justice Zico Junius Fernando; Firdaus Arifin; Muhamad Adystia Sunggara; Fardana Kusumah
Lampung Journal of International Law Vol. 7 No. 1 (2025)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v7i1.4338

Abstract

Transnational environmental crimes are among the most complex and destructive forms of cross-border criminality, including wildlife trafficking, illegal trade of endangered species, transboundary pollution, and unlawful exploitation of natural resources by state and non-state actors. These offenses have yet to gain explicit recognition as core international crimes, despite their severe impacts on ecosystems, geopolitical stability, and local communities. This article examines the urgent need to incorporate transnational environmental crimes into international criminal law and emphasizes a victim-centered environmental justice approach to restore the rights and sustainability of affected communities. Using normative and comparative legal analysis, it advocates recognizing ecocide and cross-border environmental offenses as serious violations of ecological justice and human rights. The study further explores how victim protection frameworks can extend to Indigenous communities, future generations, and non-human entities, offering guidance for Indonesia in building a more responsive, transnational, and victim-oriented environmental criminal justice system.
Co-Authors Anas Alhifni Anastasia Wahyu Murbani Anastasia Wahyu Murbani Andika Prawira Buana Arif Budiman Biyati Ahwarumi Cece Suryana Chairul Huda, Chairul Dewi Sulastri Dindha Shahrazade Sulaiman Fardana Kusumah Fernando, Zico Junius Gialdah Tapiansari Batubara I Gde Pantja Astawa Ihsanul Maarif Ihsanul Maarif Ihsanul Maarif Ihsanul Maarif Ihsanul Maarif Luma Ali Faraj Al Dhaheri M. Nabiel Fadlilah M. Yasin Al Arif Mas Putra Zenno Januarsyah Mohd Kamarulnizam Abdullah Muhamad Adystia Sunggara Musa Sarjo Naim Demirel Novendri M Nggilu Novendri M. Nggilu Putra Perdana Ahmad Saifulloh Radif Khotamir Rusli Ramadhita Rika Kurniasari A Robi Assadul Bahri Robi Assadul Bahri Rustian Mushawirya Suharizal, Suharizal Tristan Cakra Permana Vidyadhara Prawiratama Nugraha