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All Journal LAW REFORM JURNAL LITIGASI (e-Journal) AL-Daulah YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Al-Ahkam Jurnal Hukum Novelty Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Jurnal Politik Profetik Al-'Adl Substantive Justice International Journal of Law Food Science and Technology Journal (Foodscitech) Jurnal Ilmiah Penegakan Hukum Jurnal Arajang YURISDIKSI : Jurnal Wacana Hukum dan Sains Jurnal Mengkaji Indonesia Jurnal Indonesia Sosial Teknologi
Mutawalli, Muhammad
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : AL-Daulah

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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
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
Co-Authors Ab Rahman, Nurul Hidayat Adebayo, Adesoji Kolawole Adesoji Kolawole Adebayo Aidonojie, Esther Chetachukwu Aidonojie, Paul Atagamen Amah, Emmanuel Ibiam Aminuddin Ilmar Antai Godswill Owoche Ayub, Zainal Amin Banki , Lauretta Leslie Eregbuonye Obieshi Faga, Hemen Philip Georges Olemanu Lohalo Hasrul, Muhammad Hijrah Adhyanti Mirzana Ilmiati Ilmiati Imširović, Mirela Isaac Ottah Ogbemudia Iskandar, Ismail Latif, Mukhlis Lohalo, Georges Olemanu Lourenco de Deus Mau Lulo Marthen Napang, Marthen Maskun Masum, Ahmad Mau Lulo, Lourenco de Deus Moenta, Andi Pangerang Mukhlis Latif Mukhtar Lutfi Munandar, M. Aris Naswar, Naswar Normiati, Normiati Nur Azisa Obieshi, Eregbuonye Paul Atagamen Aidonojie Piaget Mpoto Balebo Zainal Amin Ayub