Claim Missing Document
Check
Articles

Found 17 Documents
Search

The Conference of Parties - 27 (COP-27) Agreement As an Instrument of State Policy in Handling Deforestation: A Comparative Study of Sweden and Indonesian Governments Mutawalli, Muhammad; Ayub, Zainal Amin; Maskun, Maskun; Napang, Marthen
LAW REFORM Vol 19, No 1 (2023)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v19i1.52926

Abstract

The climate crisis is a threat to countries in the world. One of the factors causing the climate crisis is deforestation. Indonesia as the third largest tropical forest country in the world certainly has an impact on the world's climate. Indonesia is a victim of deforestation, moreover reforestation of forest land does not match the rate of deforestation. This research is a normative legal study, using comparative, conceptual, and regulatory approaches. This study discusses the implementation of the Conference of Parties - 27 (COP-27 ) agreement as the basis for establishing policy instruments in Indonesia in dealing with deforestation and looks at Sweden as a comparison in handling deforestation through a policy instrument scheme. This study found that Sweden, through its green politics concept, was able to control the harvesting and utilization of forest products effectively. COP-27 has environmental control principles, one of which is the global net zero principle, namely the earth's temperature is no more than 1.5 degrees. it is hoped that the principles in COP-27 will guide the Indonesian government in making legal policy instruments for environmental management, especially handling deforestation. This research suggests that, like Sweden's green politics, Indonesia needs to present strategic policies through the Green Environmentally Concept policy through policy instruments, be it through laws and regulations, government regulations, or presidential regulations to the level of regional regulations.
Hak Recall Partai Politik Terhadap Anggota Dewan Perwakilan Rakyat: Tinjauan Constituent Dan Public Recall Muhammad Mutawalli; Mukhtar Lutfi; Mau Lulo, Lourenco de Deus; Lohalo, Georges Olemanu
Jurnal Ilmiah Penegakan Hukum Vol. 10 No. 2 (2023): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v10i2.10251

Abstract

Therefore, the idea of constituent and public recall is the basis for the manifestation of people's involvement, in whose position the people are subjects who have the will of constituents and are a public element in determining the survival of the people. representatives who represent them. This paper is qualitative research using normative juridical methods. In this paper, a legislative approach, a conceptual approach, and a philosophical approach are used. This research was carried out by tracing legal materials through law books, books, scientific works, and even several printed media that are useful and relevant to this article. The collected material is then processed and analyzed in depth, then presented in a qualitative descriptive and analytical prescriptive manner. The conclusion of this paper shows that political parties have the authority to recall (replace) legislative members as part of their overall authority. The concepts of constituent recall and public recall are needed so that political parties have the right to replace members of the People's Representative Council because this highlights the importance of involving the community as holders of the people's sovereign rights in the mechanism for dismissing council members. Once elected, legislative members can be dismissed, but this is not ideal and participatory and seems feudal because it is still determined by the will of the party elite, even though the principle of popular sovereignty which must be prioritized is weakened by power. There are no regulations regarding constituent and public recall mechanisms.
Fiqh of Civilization in Building a Legal State: The Relevance of Muhammad Arkoun's Thought Latif, Mukhlis; Mutawalli, Muhammad
Al-Ahkam Vol 33, No 2 (2023): October
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2023.33.2.16643

Abstract

Arkoun's political concept is very relevant to the expected idea of civilizational fiqh to resolve social problems nationally and internationally. The purpose of this article is to discuss the fiqh of civilization as an element of the rule of law which is connected with the political thought of state administration Muhammad Arkoun which is based on Islamic values in a legal state. Fiqh of civilization is a major breakthrough in building a legal state in analyzing current problems in the country and the world. This research uses the method qualitative with a conceptual approach by applying and studying thinking Muhammad Arkoun about the political concept of state administration based on values Islam through his works. This research contains the concept of political state; Muhammad Arkoun emphasized the importance of broadening the view of sources of Islamic law and contextual interpretation of Islamic law. Arkoun emphasized that state politics in Islam is more focused on the unity of the people, including religion and state. This aspect is currently being developed through fiqh concepts of civilization. Arkoun's critical thinking can help face the challenges of modernization and globalization in the Islamic world, which are reviewed in building a legal state according to the concept of Islamic statecraft.
Legal Issues and Consumer Awareness on the Effect of Poorly Processed Garri Edo North, Edo State, Nigeria Aidonojie, Esther Chetachukwu; Aidonojie, Paul Atagamen; Obieshi, Eregbuonye; Mutawalli, Muhammad; Adebayo, Adesoji Kolawole; Banki , Lauretta Leslie
Food Science and Technology Journal (Foodscitech) Vol. 7 No. 1 (2024)
Publisher : Universitas Dr Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/fst.vi.8190

Abstract

It is the saying that it is better to pay a good cook than to pay a doctor and also it is essential to eat one meal like a medicine. This quote necessitates the fact that consuming well-processed food is essential for healthy living. However, it has been observed that garri which is considered a staple food in Nigeria, produced from cassava, is often poorly processed (half-baked) in some parts of Nigeria, not concerned with the medical dangers and implications. It is concerning that this study tends to adopt a hybrid method of study in examining consumer awareness concerning the health and legal implications of consuming poorly processed garri. In this regard, 247 questionnaires were distributed to respondents residing within Edo North, Edo State. The data obtained was analyse using a descriptive and analytical method of approach. The study found that most of the garri processes within the region are half-bake, which often contain some cyanide content. The study also found that the majority of consumers are unaware of the health implications of consuming half-baked garri containing cyanide, poorly processed and preserved. Concerning this, the study therefore concludes and recommends that to curb the incidence of poorly processed garri, there is a need spring legal framework to ensure effective enforcement and compliance against poorly processed food. Furthermore, there is also a need for sensitization on the dangers of consuming half-baked garri.
Urgency of the Presidential Institution: Strengthening Presidentialism or Perfecting the State System in Indonesia Muhammad Mutawalli; Georges Olemanu Lohalo; Imsirovic, Mirela
Al-Daulah : Journal of Criminal Law and State Administration Law Vol 13 No 2 (2024): (December)
Publisher : Jurusan Hukum Tatanegara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-daulah.v13i2.51644

Abstract

Research Objective: This study emphasizes the importance of strengthening Indonesia's presidential institution through the advancement of presidentialism and the refinement of its constitutional framework, while also exploring the historical development of presidential power within the country's political dynamics. Research Method: The research employed a qualitative approach, conducting a systematic analysis of existing literature, legal frameworks, and political practices. This analysis assessed the evolution of the presidential institution and its current operational context within Indonesia's constitutional system and democratic governance framework. Results: Identifying correlations between presidential authority and governance effectiveness as the institution has adapted to changing political landscapes and constitutional amendments. The study uncovers patterns of institutional evolution across various presidential administrations. Findings and Implications: The presidential institution is essential for effective governance, particularly in enhancing decision-making processes and ensuring political stability. The research demonstrates that a robust presidential system significantly improves policy implementation and government coherence, while also underscoring the need for constitutional improvements to establish appropriate inter-institutional checks and balances. Conclusion: A strong presidential system is vital for Indonesia to effectively address contemporary governance challenges and maintain national resilience. A well-balanced presidential authority within a democratic framework serves as a foundational element for political stability and effective governance in the modern era. Contribution: This study enhances scholarly understanding of presidentialism within Indonesia's constitutional context, offering analytical insights into how institutional design influences governance outcomes. Additionally, it contributes to constitutional theory by examining presidential power within frameworks of democratic consolidation. Limitations and Suggestions: The study is limited by a lack of empirical data regarding governance outcomes across different presidential administrations. Future research could benefit from comparative analyses of presidential systems in similar emerging democracies, as well as longitudinal studies on presidential effectiveness in specific policy areas
Periodization of General Elections: Ideas and Refinements in Indonesia Mutawalli, Muhammad; Naswar, Naswar; Ilmar, Aminuddin; Lohalo, Georges Olemanu
Susbtantive Justice International Journal of Law Vol 6 No 2 (2023): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v6i2.245

Abstract

General election is one part of the practice of democracy in Indonesia. In this case, the general election is a manifestation of people's sovereignty. In general, the principles of elections include the principles of direct, public, free, confidential, honest and fair. This research seeks to explore legal constructions related to the periodic principle of general elections which must be held periodically every five years, which is a separate principle in general elections. This research is normative legal research with a statutory and conceptual approach. The results of the study confirm that to achieve and ensure that general elections are held a justice process and proportionally, the orientation of legal construction on the periodic principle has actually been explicitly stated in the 1945 Constitution of the Republic of Indonesia and is based on a systematic interpretation. In this case, in terms of periodic aspect orientation, it is part of the general election principle that is obligatory and must be implemented. This has the implication that the principles of general elections include the principles of direct, general, free, confidential, honest and fair, and must be held periodically for five years. In this case, the principle of periodicity occupies an important position in the holding of general elections.
Implementasi Prinsip Konvensi Internasional dalam Mengurai Pelanggaran HAM di Indonesia Muhammad Mutawalli
Jurnal Arajang Vol 6 No 1 (2023): Jurnal Arajang Volume 6 Nomor 1 Tahun 2023
Publisher : Universitas Sulawesi Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31605/arajang.v6i1.2829

Abstract

The purpose of this research is to find out the form of implementation of the principles and obstacles to the enforcement of human rights violations in Indonesia and their relationship to the content of international conventions. The approach used in this study is a normative legal approach. This research is related to the legal study of library materials. The results of research conducted regarding the implementation of human rights principles are in line with international legal agreements in the Indonesian legal system in general, but the constraints or obstacles are still not very effective in overcoming discrimination violations based on the principle of equality, with international agreements on human rights. It is different in Indonesia, its implementation has been regulated in the initiative of national laws and regulations related to human rights contained in the 1945 Constitution. This means that it has been in effect since the time of Indonesia's independence.
The Position of Ministerial Instructions in the Indonesian State Administration System on the Enforcement of Restrictions on Community Activities (PPKM) Mutawalli, Muhammad; Mukhtar Lutfi; Mukhlis Latif
Al-Daulah : Journal of Criminal Law and State Administration Law Vol 11 No 2 (2022): (December)
Publisher : Jurusan Hukum Tatanegara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/ad.vi.26640

Abstract

This study discusses the position of ministerial instructions in the Indonesian constitutional system for the implementation of restrictions on community activities as a result of the widespread spread of the corona virus disease (Covid-19) in Indonesia. The government issues policies that limit community activities, as well as other directives. Although the policy is considered effective by the government, it must be in line with the prevailing laws and regulations in Indonesia. This research is a normative research that uses legal material collection techniques through library research methods and is described qualitatively. This study explains how the position of ministerial instructions in the Indonesian constitutional system, the legal basis for the Enforcement of Community Activity Restrictions (PPKM) to the legal politics of regulating the Enforcement of Community Activity Restrictions (PPKM). The conclusion of this study is that the PPKM policy is a formal policy that is flawed, because Article 8 paragraph (2) of Law Number 12 of 2011 is violated in the stipulation of legislation. Although there are formal defects in the training process, PPKM substantially has similar characteristics to PSBB, which is regulated in Law Number 6 of 2018 concerning Health Quarantine and Government Regulation Number 21 of 2020. So it can be said that the legal product for implementing PPKM does not conflict with the rules laid down. above or above. Based on Law Number 2 of 2014 concerning Regional Government, health is not the absolute authority of the central government. Therefore, local governments have the authority to determine and enact regional regulations that specifically regulate PPKM. Keywords: The Minister’s Instruction; Constitutional System; PPKM
The Prospect, Legal, and Socio-economic Implication of Metaverse Operation in Nigeria Paul Atagamen Aidonojie; Adesoji Kolawole Adebayo; Eregbuonye Obieshi; Antai Godswill Owoche; Isaac Ottah Ogbemudia; Muhammad Mutawalli
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 4 (2024): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v19i4.201

Abstract

The metaverse, a digital realm blending virtual environments with reality, holds immense potential across sectors. In Nigeria, understanding its implications necessitates exploration from various angles. Firstly, the legal landscape demands scrutiny, with existing regulations evaluated for their applicability and efficacy. Secondly, socio-economic considerations assume paramount importance, given the metaverse's potential to reshape societal norms and economic activities. Concerning this, the employ a hybrid research methodology that focus on the potentials of metaverse's emergence, legal framework, and socio-economic effects within Nigeria. 308 questionnaire were distribute to respondents residing in Nigeria. The collected data underwent descriptive and analytical analysis. The findings underscore that permitting the operation of the metaverse in Nigeria holds promise for enhancing the nation's economy and facilitating digital interactions. However, the study also reveals potential pitfalls notably that the existing legal framework may prove insufficient in addressing the unique challenges posed by the metaverse. Moreover, the metaverse's transformative impact on the Nigerian economy may carry adverse consequences. Consequently, the study concludes by recommending the imperative need for a novel legal framework tailored to address the distinctive intricacies presented by the metaverse for its effective operation in Nigeria.
Cancellation of Regional Regulations in Indonesian: An Overview of the Conception of Constitutional Democracy Muhammad Mutawalli; Andi Tenri Yeyeng; Piaget Mpoto Balebo; Lourenco de Deus Mau Lulo
JPP (Jurnal Politik Profetik) Vol 11 No 2 (2023): December
Publisher : Department of Political Science, Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/profetik.v11i2a2

Abstract

In connection with the decision of the Constitutional Court Number 137/PUU-XIII/2015, this study examined the cancellation of regional regulations reviewed in Indonesia's constitutional system. The research method is normative legal research, or looking at the laws and regulations that are in effect. This study also collects legal materials using the library method, which are presented qualitatively and descriptively. This study will demonstrate the connection between the cancellation of regional regulations and the authority and position of the Minister of Home Affairs as assistant to the president in the Indonesian constitutional system. The regional regulation was scrapped because it was thought to make it harder to make investments in Indonesia. The Republic of Indonesia's central government has the authority to oversee the administration of regional governments, overseeing every regional regulation and regional head regulation. Be that as it may, after the choice of the Protected Court, the Clergyman and lead representative as delegates of the focal government never again have the position to drop a territorial guideline. In conclusion, this study reveals that the governor and the Ministry of Home Affairs can only cancel regional regulations that conflict with higher regulations, are not in line with interests, or violate moral norms in general through the process of testing regional regulations before they are enacted (executive). preview). This is different from the situation before the Constitutional Court's decision, when the Minister of Home Affairs and the Governor still held authority.