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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
Mutawalli, Muhammad
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Education Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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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.
Filling Members of the Financial Audit Board: Constitutional Review and Legislative Intervention Mutawalli, Muhammad; Masum, Ahmad; Aidonojie, Paul Atagamen; Adebayo, Adesoji Kolawole
Al-'Adl Vol. 17 No. 1 (2024): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v17i1.7707

Abstract

This article aims to at least outline and analyze the main problem, namely related to the development of an independent system for filling the positions of BPK members according to the theory of independence of state institutions reviewed through constitutional interpretation in the Law. This research is qualitative research with normative juridical methods. Research was carried out using a legal approach, a conceptual approach and a philosophical approach to the issues raised. In this paper, the author applies techniques for collecting legal materials or data, through documentation or literature studies which are carried out by reading, reviewing, classifying, identifying and understanding legal materials in the form of regulations and books and literature. which is related to the research object discussed in this paper. The analysis of legal materials used applies qualitative, descriptive and prescriptive methods that are oriented towards answering problem formulations. Apart from that, analysis of legal materials also focuses on the inventory aspect of legal materials in the form of soft files and hard files. Manual inventory is carried out on hardfile legal materials, while digital inventory is carried out on legal materials in softfile form. After the inventory, an analysis process is carried out with reference to the legal issues and discussion formulations raised. The finding in this paper is that there is polarization in filling the positions of BPK members which is far from the principle of independence and also prioritizes the supervisory aspect in filling these positions so that the principle of checks and balances is not implemented within the BPK itself. The polarization of filling the positions of BPK members which seems political has resulted in hidden interests which could actually disrupt the independence of the BPK as a state audit institution. In the future, it is necessary to strengthen the BPK institution as a state institution that is in a new space of power known as the inspection space by making changes and additions to concrete and internal regulations in the aspect of filling out BPK members in terms of the theory of state institutional independence
Revitalizing Political Parties in Indonesia: Dissecting Patronage-Clientelism Dynamics vis-à-vis Political Representation Mutawalli, Muhammad; Ayub, Zainal Amin; Faga, Hemen Philip
Jurnal Mengkaji Indonesia Vol. 2 No. 2 (2023): December
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v2i2.467

Abstract

Abstract: This paper discusses and describes the patron-client phenomenon within political parties. One of the reasons why patron-client relations persist in political parties is that the interests of the political elite are veiled and do not prioritize the dynamic aspects of democratization of political parties as a forum for people's representation. The method used in this study is a normative juridical research method using a statutory and conceptual approach and presented in a formal way qualitative descriptive prescriptive. Data was collected using the interview method, the researcher interacted with informants who were flexible and open to obtain the data needed in this paper. The theory used in this paper is the general patron-client theory, which has developed and is influenced by the political culture within the internal political parties. The results of this study indicate that the patron-client relationship between political parties and cadres is good in the aspects of party elites and candidates legislature. Regional head candidates that occur give rise to a reciprocal relationship which has implications for the non-occurrence of democratization schemes and principles within political parties as a forum for people's representation that will fill public positions. The patron-client phenomenon includes, among other things, personal gifts, interests that are family interest or morphological and have the nuances of money interest. Purpose: To find out the forms of patron-client practices within political parties and society that give rise to reciprocal relationships that impact political polarization of representation that does not work well and is far from the principle of political party cadres as a representation of the people's will. as well as finding ideal concepts related to patterns of relations between parties, both relations between cadres, political parties and society in general. Design/Methodology/Approach: Normative juridical using the statute and conceptual approaches. Findings: The patron-client phenomenon can be caused by a lack of awareness and political education, as well as inconsistency and inadequate performance within political parties, both at the institutional level and among members of the legislature and executive. Originality/Value: Examining patronage-clientalism within the context of political parties has received limited scholarly attention. The topic of voting behaviour during general elections often revolves around patronage-clientelism. However, this study specifically examines the phenomenon of patronage-clientelism within political parties and its implications for political corruption.
KEWENANGAN PARTAI POLITIK DALAM PENARIKAN DUKUNGAN BAKAL PASANGAN CALON KEPALA DAERAH Mutawalli, Muhammad; Moenta, Andi Pangerang; Hasrul, Muhammad
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 8 No 1 (2021): June
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v8i1.18072

Abstract

This study aims to explain the political party authority in withdrawing support for the regional head candidate in elections, as well as providing an understanding of sanctions that targeted political parties who withdrawn or revoked their political stance by applicable regulations. This study using a legal perspective on the authority of political parties in withdrawing support and Authority Theory, Democracy Theory, Rule of Law Theory, Decision Making Theory, and Sanction Theory as supported theories. The formulation of all arguments, facts, and theoretical frameworks in this study uses empirical normative legal research methods. Data obtained and collected through books, journals, theses, and recent dissertations, interviews, and articles related to the problem. The research method in this study combines elements of normative and empirical law and data. This research is qualitative research used in library observation. This research concludes that the authority of political parties regarding the withdrawal of support for a prospective regional head candidate pair explained in three stages or processes, including the first stage is before registering candidates to the KPU, the second stage is the stage after registering with KPU, and last is the stage after the determination of a prospective pair of candidates by the KPU. Among the existing stages, there is a full space for political parties to participate and room for the KPU to organize regional head elections. So concerning the withdrawal of support, political parties are not allowed arbitrarily to withdraw or vice versa regarding their support for prospective pairs of candidates. Referring to the applicable regulations, the forms of sanctions that can be given to political parties that withdraw or revoke a candidate pair are criminal sanctions and administrative sanctions. Where administrative sanctions are considered to be less firm against political parties, in contrast to criminal sanctions (ultimum remedium) or as a last resort that is much firmer but only aimed at the leaders or leaders of the heads of the central political parties who deliberately make withdrawals. Keyword: Political Parties, Withdrawal of Support, Prospective Regional Head Candidates.
THE CONTROVERSY OVER MINISTRY DISSOLUTION: INSIGHTS INTO INDONESIA’S PRESIDENTIAL SYSTEM Mutawalli, Muhammad; Zainal Amin Ayub; Amah, Emmanuel Ibiam
LITIGASI Vol. 24 No. 2 (2023)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v24i2.10326

Abstract

This study examines the strengthening of presidential authority and investigates the polemics surrounding the dissolution of ministries in Indonesia, with a focus on the provisions of Law Number 39 of 2008. Employing a normative qualitative approach, the research draws on data collected through documentation, literature reviews, and interviews with officials, ministry representatives, and state studies activists in South Sulawesi and West Sulawesi. The findings highlight the critical importance of constructive collaboration and communication between the president, as the head of the executive, and parliament, as the legislature, to achieve consensus on cabinet formation. Effective dialogue fosters the creation of a cabinet composition that ensures both functionality and sufficient political support. However, the research identifies significant challenges, including a lack of transparency and limited public participation in legislative processes, as well as insufficient inter-agency collaboration in the drafting and enactment of laws. The study’s novelty lies in its exploration of the interplay between executive authority and legislative oversight in cabinet formation within Indonesia’s presidential system. By shedding light on the implications of these dynamics, the research contributes to the discourse on governance reform and emphasizes the need for enhanced institutional synergy to promote accountability and public trust.
Empowering SDG 16: Electronics-Based Criminal Law Policy to Combat Sexual Violence in Indonesia Maskun, Maskun; Azisa, Nur; Munandar, M. Aris; Mirzana, Hijrah Adhyanti; Ab Rahman, Nurul Hidayat; Normiati, Normiati; Iskandar, Ismail; Mutawalli, Muhammad
Jurnal Hukum Novelty Vol. 14 No. 2 (2023)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v14i2.a26968

Abstract

Introduction to The Problem: Increasing cases of sexual violence, particularly against women, heighten concerns, prompting this group to be vigilant in self-protection. The lack of clarity on electronic-based sexual violence in the TPKS Law may lead to varied interpretations among law enforcement agencies. A normative study is crucial to discern the legislative intent and rationale, ensuring inclusion of these provisions in the TPKS Law. An ideal electronic-based criminal law policy is needed to universally safeguard victims, aligning with the principles of human dignity outlined in SDG 16 of the Global Agenda 2030.Purpose/Objective Study: This investigation sought to delineate the contours of Indonesia's legislative framework pertaining to electronic-based sexual violence within the ambit of criminal law policy. The significance of this inquiry lies in its inherent alignment with and contribution to the realization of Sustainable Development Goal 16, which fundamentally advocates for the promotion of peace, justice, and the fortification of robust institutional frameworks.Design/Methodology/Approach: The research method used is normative legal research with a statutory approach and qualitative analysis.Findings: Law Number 12 of 2022 addresses electronic-based sexual violence in Article 14(1) (a) and (b) but presents drawbacks, particularly concerning consensual consent. Recommending amendments to these articles is crucial to avoid discord with other regulations, striving for an optimal criminal law policy in Indonesia. Legal reforms should consider societal issues and contribute to effective law enforcement. Electronic-based sexual violence legislation must align with both expectations and realities, acknowledging the severity of the offense as a violation of human rights and a significant criminal act under SDG 16. The Indonesian government must establish and enforce laws to combat this activity, crucial for achieving SDG 16. Proposed amendments include introducing supplementary penalties, like revoking access rights to electronic media, to deter offenders.Paper Type: Research Article
KEWENANGAN BADAN PEMERIKSA KEUANGAN DALAM MELAKUKAN PEMERIKSAAN DANA DESA YANG BERSUMBER DARI APBN Mutawalli, Muhammad
LITIGASI Vol. 23 No. 1 (2022)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v23i1.5030

Abstract

This research was conducted in order to understand and be able to describe the form of authority of the Audit Board of Indonesia under Law No. 15, 2006 concerning the Audit Board of Indonesia regarding the audit of village funds sourced from the state budget in village administration reviewed from the state administration system in Indonesia. The discussion in this writing is about what is the standing of the Audit Board of Indonesia in auditing the village fund in the village administration and the authority of the board in auditing the fund at the village administration. This research used normative approach through scientific study and aimed to ensure the concrete and conformity of the board authority normatively. The research was conducted through library research by studying and analyzing written legal materials and supported with the statements of informant and correspondent involved. The findings concluded that the Audit Board of Indonesia as the state organ of Indonesia with vital task to audit the state budget that can be considered as the Supreme Audit Institute either in the level of central government or the regional level. The authority of the board in the level of village administration to audit the village fund that comes from the state budget is a political movement of the government and is considered as the state will in realizing the good governance as the state program. However, in the implementation, the Audit Board of Indonesia has established its representatives in each province of Indonesia in which, unfortunately, the regional representative seemed meaningless since the board representatives have to answer to the Head and Deputy Head of the board regarding the examination and audit of the village fund of the state budget. The author suggests to promulgate additional concrete and clear provisions on the duty of the representatives of the board in every province. Keyword: BPK (the Audit Board of Indonesia) Village Fund, Village Administration.
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 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