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All Journal Jurnal Yustisiabel Al-Bayyinah Jurnal Hukum dan Keadilan
MARZUKI, ABDUL UKAS
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Pancasila in the Perspective of Customary Law in Indonesia Marzuki, Abdul Ukas
Al-Bayyinah Vol. 8 No. 2 (2024): 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.v8i2.7376

Abstract

Harmonization between Pancasila and customary law in Indonesia, to identify the potential of customary law in strengthening Pancasila values in the context of the national legal system. This research uses a qualitative approach, collecting data through literature studies by searching various relevant literature, both in the form of books, scientific journals, and literature related to Pancasila and customary law in Indonesia. The results of the study show that there is harmony between the precepts of Pancasila and the values contained in customary law, especially in terms of togetherness, social justice, and respect for community life. However, there are still challenges in harmonization, such as the dominance of national law and the lack of formal recognition of customary law. Therefore, this article recommends several steps to achieve better harmonization, including formal recognition of the role of customary law, strengthening the capacity of customary law communities, and implementing deliberative dispute resolution mechanisms. This research emphasizes that customary law has a strategic role in strengthening the implementation of Pancasila values, so that it can contribute to a more equitable national development based on local wisdom.
The Authority of the Constitutional Court to Adjudicate State Administrative Cases Marzuki, Abdul Ukas
Al-Bayyinah Vol. 9 No. 1 (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.v9i1.8544

Abstract

The Constitutional Court (MK) is an institution that has the primary authority to interpret the 1945 Constitution. However, in practice, the Constitutional Court often handles cases related to Administrative Law (TUN), even though its authority normatively falls within the Administrative Court (PTUN) realm. This research aims to analyze the extent of the Constitutional Court's authority in adjudicating Administrative Law cases and the legal implications for the judicial system in Indonesia. This study uses a normative legal method with an approach to legislation, a case approach, and a conceptual approach. Data is obtained from primary legal sources in the form of legislation and Constitutional Court rulings, as well as secondary legal sources such as legal literature and relevant literature. Research results indicate that there is an overlap of authority between the Constitutional Court and the Administrative Court in several cases related to decisions of state organizers, disputes over election results, and legal norm testing that impacts state administration. This creates legal uncertainty and has the potential to undermine the principle of separation of powers within the Indonesian judicial system. Therefore, it is necessary to revise the Law on the Constitutional Court to clarify the boundaries of its authority so that it does not encroach on the realm of administrative law.
Co-Authors ENDANG MUSTIKOWATI Harianto, Asis Hipan, Nasrun LABATJO, RIDWAN MAROA, MUSTATING DAENG Putri, Adissa Yuyanda Risno Mina, Risno Salatun, Novalin Shahib, Pitriasari Yoseph, James Piere Ricard