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All Journal DE JURE Bestuur FIAT JUSTISIA: Jurnal Ilmu Hukum Arena Hukum Jurnal Cakrawala Hukum Pembaharuan Hukum Jurnal Konstitusi Jurnal Ilmiah Hukum LEGALITY Jurnal Hukum dan Pembangunan Ekonomi Jurnal Inovasi Ilmu Sosial dan Politik Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Pembelajaran Pemberdayaan Masyarakat (JP2M) Keadilan JHCLS Jurnal Abdiraja Jurnal Konstitusi Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Perspektif Hukum Hang Tuah Law Journal Ahmad Dahlan Legal Perspective Keadilan JILS (Journal of Indonesian Legal Studies) Unnes Law Journal : Jurnal Hukum Universitas Negeri Semarang
Ahmad Siboy
Universitas Islam Malang
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Implications of Separation of Dispute Resolution of Election Results in Indonesia Siboy, Ahmad
Hang Tuah Law Journal VOLUME 9 ISSUE 1, APRIL 2025
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v9i1.275

Abstract

Presidential, regional, and village head elections are forms of elections that stand on the principle of popular sovereignty. However, in terms of resolving disputes over election results, the pattern of resolution of the three types of elections is different from one another and does not show a pattern of handling that is fair and in harmony with one another. This research aims to explain the differences in the handling patterns of the settlement of disputes over the results of the Presidential Elections, Regional Head Elections, and Pilkades (Vllage Head Elections) and the implications caused. This research used normative juridical research with a conceptual approach, legislation, and case approach. The results showed that the Constitutional Court adjudicated the Presidential Election, the Regional Head Election was adjudicated by a Special Judicial Body, while the Pilkades did not have a judicial process but a settlement process carried out by the Regent, even though the Regent is an executive official or political position. The different patterns of settlement indicate that: (i) there is a disregard for the similar characteristics of disputes over election results and the handling of disputes over Pilkades results as a settlement process that is ruled out considering that there is no judicial institution authorized to adjudicate until the absence of procedural law. (ii) Prioritization. When the election result dispute resolution institution is separated into three different institutions, it certainly also reveals the different treatment of each result dispute resolution and ignores the principle of simple justice.
The Design of Preventive Control on Local Delegated Legislation: A Case Study of Regional Head Regulations Siboy, Ahmad; Al-Fatih, Sholahuddin
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 1 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

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

Abstract

This study aimed to map the urgency and design of preventive controls against Regional Head Regulations. Delegated legislations are regulations issued to carry out primary legislation. In the context of regional-level legislation, the Regional Head Regulation has a function as a delegated legislation for Regional Regulations (in bahasa well known as Peraturan Daerah (Perda)) so that it must be monitored and controlled to make it not deviate from its primary legislation or not conflict with higher statutory regulations. However, the form of control over delegated legislations at the regional level still needs to be regressive, not preventive. Preventive controls are needed to ensure the enactment of a Delegated legislation that does not harm the rights of citizens. The research problem in this study was to understand the control mechanism for the current and future local regulations, especially on regional head regulations. The results showed that preventive controls must support the repressive control that applies to regional delegated legislations to prevent the enactment of delegated legislations that can harm people’s rights, ultra vires, and others. The preventive control over regional delegated legislations can be in the form of preventive control conducted by the legislative, executive, and judiciary bodies.
Menggali Potensi Sumber Daya Alam Menjadi Kawasan Pariwisata Guna Meningkatkan Pendapatan Desa Siboy, Ahmad
Jurnal Pembelajaran Pemberdayaan Masyarakat (JP2M) Vol. 1 No. 1 (2020)
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/jp2m.v1i1.5009

Abstract

Desa Jambangan mempunyai banyak potensi alam salah satunya wisata air yang memiliki potensi untuk dikembangkan. Sumber bantal merupakan sumber kehidupan bagi masyarakat desa Jambangan, air yang mengalir ke rumah warga bersumber dari sumber bantal. Sumber bantal pada tahun 1980-an pernah menjadi tempat wisata bagi masyarakat desa Jambangan dan sekitarnya, tentunya karena sumber bantal dikelola dan dirawat dengan baik oleh penduduk sekitar, sehingga menjadikan sumber bantal. dijadikan tempat wisata yang menyenangkan. Teknik observasi atau pengamatan yang digunakan penulis untuk memperoleh gambaran yang tepat mengenai perilaku pemerintah dan masyarakat serta situasi-situasi yang berkaitan dengan topik di lokasi. Obyek wisata air sumber bantal menjadi potensi utama di desa Jambangan dengan suasana yang masih asri dan sejuk. Keindahan tersebut dapat dilihat dari pemandangan yang tercipta secara alami, tekstur tanah, dan kemurnian air. Jadi obyek wisata air sumber bantal ini sangat cocok sekali untuk para wisatawan baik anak muda atau yang sudah berkeluarga, baik wisatawan domestik maupun non-domestik. Wisata air sumber bantal memiliki potensi yang cukup besar sebagai tempat tujuan wisata. Untuk dapat mengembangkan obyek wisata air sumber bantal ini pemerintah desa Jambangan harus bekerjasama dan gotong royong dengan warga sekitar, memperbaiki fasilitas-fasilitas yang telah ada di obyek wisata air sumber bantal. Seperti menambah spot-spot foto yang menarik. Upaya untuk meningkatkan jumlah wisatawan yang berkunjung ke obyek wisata air sumber bantal salah satunya adalah dengan menggunakan sistem promosi melalui media sosial seperti instagram, facebook, whatapps, dan aplikasi sosial media lainnya.
The Duality of Administrative and Communicative Powers in Legislative Drafting: Evidence from East Java Bagijo, Himawan Estu; Siboy, Ahmad; Al-Fatih, Sholahuddin; Affan, Mohammad
Journal of Indonesian Legal Studies Vol. 9 No. 1 (2024): Navigating Legal Landscapes: Exploring Justice Development in Indonesia and the
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.vol9i1.4533

Abstract

The classical legal concept within executive and legislative scopes is no longer adequate to help understand the strategic measures taken by the Provincial Government of East Java and the potential of communicative actions of the DPRD of the Province of East Java. The making of autonomous regulations tends to be exclusive and overlooks the involvement of the public as the origin from which the procedures of legislative drafting began. The legal thought introduced by Habermas came as a solution to legislation-related issues, but it seems to be accepted only by the dialogue between legislators and the executive body. This article aims at analyzing the interaction that takes place between discourse theory and the duality of administrative and communicative powers by Habermas relating to the strategic measures taken by the Provincial Government of East Java. A normative-juridical method was used, involving the literature study of legal concepts and the data revealing the performance of the Legal Bureau of the Provincial Government of East Jav a. Communicative measures exist in the construction of autonomous regulations while facilitating measures and evaluations of autonomous regulations set by the regency or municipality represent a strategic example.
Desain Koalisi Permanen Partai Politik dalam Sistem Pemerintahan Indonesia Siboy, Ahmad
Jurnal Inovasi Ilmu Sosial dan Politik (JISoP) Vol 3 No 1 (2021)
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/jisop.v3i1.9716

Abstract

The pattern of political party coalitions that fluctuate ahead of the general election indicates that the coalitions are not built based on substantial interests but pragmatic interests. As a result, the status of each party becomes unclear, which one acts on the side of the government and which one acts as the opposition. This study aims to discuss the options of permanent coalition patterns that can be applied. The research problem of this study was “What is the permanent coalition design that can be applied in the Indonesian government system?”. This study used normative legal research with statutory, conceptual, and case-study approaches. The results indicated that a permanent coalition is needed to strengthen the coalition pattern of political parties as a support for the Indonesian government system. The permanent coalition design that can be applied is a two-pole model, in which there will only two coalition groups of political parties: parties supporting the government and parties opposing the government. This two-pole model can be balanced in terms of the power between a coalition of government parties and a coalition of opposition parties. Another design that can be adopted is the coalitions which are established based on the similarity of the ideology of each political party.
The Logic Position of State Emergency Law in the Implementation of Regional Head Elections during the Covid-19 Pandemic Ahmad Siboy; Sholahuddin Al-Fatih
Unnes Law Journal Vol. 8 No. 1 (2022): April, 2022
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v8i1.37358

Abstract

The purpose of this study was to describe the position of the state emergency law as the basis for the issuance of the Government Regulation in Lieu of Law and to examine the consistency of the position of the state emergency law in the implementation of regional elections during the pandemic. This study used normative juridical research with conceptual, statutory, philosophical, and case-study approaches. Sources of legal materials in this study consisted of primary, secondary, and tertiary legal materials. The results showed that the Covid-19 pandemic is declared a non-natural disaster to be qualified as coercive urgency, which is a requirement for enacting the state emergency law. However, there is a logical inconsistency about the Covid-19 pandemic concerning regional elections. On the one hand, the Covid-19 is used as an argument to declare the state in an emergency so that it is necessary to issue a state emergency law in the form of the Government Regulation in Lieu of Law. On the other hand, the regional head election is still be held during the pandemic. If the Covid-19 pandemic is considered a state emergency, the regional head election must be postponed until the pandemic is over.
Reinforcing Central Government’s Authority over Regional Governments in the System of Indonesian Governance Ahmad Siboy
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.1998

Abstract

Principally, a regional government represents the extended hands of the central government in controlling a regional area. Regional governments are not supposed to run activities not congruent with the policies set by the central government. However, regional governments are often found in contravention of the policies of the central government. This research maps what causes this contravention and the reasons for reinforcing the authority of the central government regarding its connection with regional governments. This research employed normative-juridical methods, statutory, conceptual, and case approaches, revealing that this noncompliance with the central government is sparked by the conditions where a regional head is elected by the members of the public, the president has no right to eject a regional head from his/her tenure, and a regional head is fully authorized to run a regional area, including the regional budgeting. The design of the reinforcement of the authority of the authority of the central government over regional governments is required based on the principle of the unitary state and to guarantee the harmonious policies set by those the regional governments and central government. This design may involve the policy of the central government to take over the governance of regional areas following the deadlock, permit issuance, and the authority of the central government to impose sanctions on regional heads.
Indonesian Presidential Election on Presidential Threshold Policy: Evidence from Various Countries Siboy, Ahmad; Sholahuddin Al-Fatih
Journal of Human Rights, Culture and Legal System Vol. 5 No. 3 (2025): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v5i3.639

Abstract

The study develops a constitutional design to regulate the number of presidential and vice-presidential candidates following the Constitutional Court’s annulment of the presidential threshold. It observes that the absence of a model framework from the Court creates a regulatory vacuum that may expose the presidential election to political fragmentation, heightened polarization, and procedural inefficiencies. To address this issue, the research aims to construct a constitutional framework capable of enhancing electoral stability while sustaining democratic competitiveness. The study employs a normative juridical method supported by statutory analysis, case studies, and comparative assessment to identify feasible regulatory alternatives. The analysis demonstrates that the most effective approach to limiting the number of candidates is to regulate the number of political parties eligible to participate in general elections, given their role as the primary gatekeepers of nomination. The findings propose several regulatory instruments, including a moratorium on the establishment of new political parties, stricter requirements for party formation, enhanced eligibility criteria for electoral participation, a minimum age requirement for political parties, a maximum threshold for the number of qualified parties, and the disqualification of previously registered parties that fail to meet revised standards. The study concludes that these mechanisms collectively form a coherent constitutional strategy for maintaining a manageable number of presidential candidates and ensuring the continuity, integrity, and effective governance of the electoral process.
Between Statutory Authority and Administrative Discretion: Case Study of the Merah Putih Cooperative Deed Made by a Notary Pratiwi, Premitha Ayu; Siboy, Ahmad; Parmono, Budi
Hang Tuah Law Journal VOLUME 10 ISSUE 1, APRIL 2026
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v10i1.348

Abstract

This study examines the normative conflict between statutory authority and administrative discretion in the establishment of Merah Putih Cooperatives under Indonesia’s 2025 national cooperative revitalization program. While the Law on the Notarial Office grants notaries general authority to prepare authentic deeds, administrative regulations require a specific designation as Cooperative Deed Officials (NPAK), creating legal uncertainty in practice. Unlike previous studies that focused on general cooperatives and the procedural role of NPAK, this research is the first to analyze the legal bottlenecks generated by state-driven digital transformation through the SABH/AHU Online system within the Merah Putih initiative. Using a normative juridical approach, this study evaluates the civil, administrative, and ethical consequences of deeds prepared by non-NPAK notaries. The findings demonstrate that although such deeds remain civilly valid, administrative rejection may prevent cooperatives from obtaining legal entity status, resulting in significant socio-economic losses at the village level. The findings reveal that digital administrative filtering has transformed ministerial discretion into de facto statutory limitation, generating legal uncertainty, delaying village economic programs, and causing measurable financial losses at the local level. This study proposes regulatory harmonization to restore statutory authority while maintaining administrative oversight. The policy implication emphasizes the need to prevent digital governance mechanisms from undermining hierarchical legal certainty in Indonesia’s cooperative development framework. This research offers policy recommendations for harmonizing statutory and administrative norms to ensure legal certainty, professional integrity, and the effective implementation of Indonesia’s cooperative reform agenda.
The Design to Limit Regulations Governing Regional Head Elections Siboy, Ahmad; Rafiqi, Ilham Dwi
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 1 (2026): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i1.43527

Abstract

This research seeks to elaborate on the urgency and the design offered to limit regulations governing regional head elections (Pilkada). The main problem identified is the distribution of regional election norms across various types of regulations, which causes anomalies, conflicting norms, and dualism of interpretation by judicial institutions, such as differences in decisions between the Supreme Court and the Constitutional Court. Using normative-juridical research methods and statutory, conceptual, historical, and case-based approaches, this research reveals that the limitation in question serves as the initial milestone in constructing fair, effective, and efficient legal frameworks to regulate Pilkada with legal certainty. Philosophically, limiting the proliferation of norms is necessary to maintain the integrity of the local democratic system through the dimensions of ontology, epistemology, and axiology. The results of the study indicate that the most ideal design for limiting regional election regulations consists of three levels: the 1945 Constitution of the Republic of Indonesia as the constitutional basis, the Law as the primary regulation, and the Regulation of the Election Organising Institution (especially the General Elections Commission) as the technical delegation regulation. This model is considered the most appropriate, as it covers everything from abstract norms to concrete technicalities, guarantees legal certainty, and minimizes the influence of elite political interests in shaping regulations. The implementation of this design is expected to realise a more democratic, accountable, and equitable regional election governance.
Co-Authors Bastomi, Ahmad Dewi Cahyandari Dewi Cahyandari Dewi Setyowati Himawan Estu Bagijo . Iwan Permadi Jamil Jamil Karim, Firmansyah Abdul Mohammad Affan Muslim, Shohib Nur Putri Hidayah Parmono, Budi Premitha Ayu Pratiwi Rafiqi, Ilham Dwi Retno Wulan Sekarsari Setiawan Noerdajasakti, Setiawan Sholahuddin Al-Fatih Sudarsono Sudarsono Sulistyani Eka Lestari Tegnan, Hilaire Tinuk Dwi Cahyani Triasari, Devi Virga Dwi Efendi Zahlul Pasha