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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam International Journal of Law, Crime and Justice
A. Gani, Iskandar
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Law, Crime, Criminology & Criminal Justice Social Sciences

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The Constitutional Court’s Protection and Fulfilment of the Citizens’ Rights: Constitutional and Islamic Law Perspectives A. Gani, Iskandar; Asmara, Romi; Sulaiman, Sulaiman; Husna, Asmaul
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 1 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i1.22215

Abstract

This study aims to examine the degree to which the Constitutional Rights of Indonesian Citizens are maintained by the state, specifically focusing on democratic Public Elections (Pemilu) and Public Elections for Regional Heads (Pemilukada). This study centers on the advancement of the political democratic process, particularly concerning law enforcement and the safeguarding of human rights. This analysis focuses on the implementation of these features by the Constitutional Court (Mahkamah Konstitusi), which has the responsibility of handling post-conflict public election issues. This study utilizes empirical legal methodologies, employing a framework that combines the constitutional law and the Islamic law. The data was acquired through in-depth interviews and a meticulous examination of pertinent literature. The participants were experts in the domains of the constitutional law and the Islamic law. This paper argues that the state has successfully protected the legal rights of citizens by incorporating them into laws, so fulfilling their constitutional privileges. Constitutional rights refer to essential human rights, particularly the right to engage in the democratic process through voting or candidacy in public elections. In the Indonesian state administration system, citizens have the privilege to report any election matters to the appropriate authorities and have it lawfully resolved by the Constitutional Court Institution. The Islamic law supports the harmonization of law enforcement and the protection of citizens' rights within the context of human rights. In Aceh, a region that implements special autonomy and the Islamic law, there is no prejudice against the rights of individuals based on their gender or religion. Under the Islamic law, voting or running for office is regarded as a right rather than an obligation. However, participating in the act of voting is highly valued as it provides benefits and serves as a preventive measure against damage.
The Alignment of Strike Regulations in Article 256 of the Criminal Code with Human Rights Principles Ameilia, Viera; Rizanizarli; A. Gani, Iskandar
International Journal of Law, Crime and Justice Vol. 3 No. 2 (2026): June: International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v3i2.960

Abstract

The reform of criminal law through Law Number 1 of 2023 concerning the Criminal Code introduces provisions on demonstrations in Article 256, which impose criminal sanctions on organizers who fail to notify authorities when activities potentially disrupt public interest or public order. This provision has generated debate from a human rights perspective due to the ambiguity of the phrase “disruption of public interest” and the broad discretion granted to law enforcement officials. In practice, such discretion is reflected in the prohibition of demonstrations, refusal to issue Acknowledgment of Receipt of Notification Letters (STTP), and even the dissolution of activities, despite the legal framework requiring only notification rather than permission. This study aims to analyze the conformity of Article 256 of the Criminal Code with human rights principles. The research employs a normative juridical method using statutory and conceptual approaches. Data were collected through library research and document studies of primary, secondary, and tertiary legal materials, then analyzed qualitatively using descriptive-analytical and prescriptive methods through legal interpretation and argumentation. The findings indicate that, normatively, Article 256 is generally consistent with human rights principles because it seeks to balance freedom of assembly with the protection of public interests and reflects the principles of universality, inalienability, and state obligation. However, challenges remain in its implementation, particularly regarding vague legal norms, broad official discretion, and the risk of disproportionate restrictions. These issues may affect the principles of non-discrimination and the protection of freedom of expression and assembly. Therefore, the implementation of Article 256 requires greater consistency, proportionality, and clearer limitations on official discretion to ensure compliance with human rights standards.
Co-Authors Ameilia, Viera Asmaul Husna Rizanizarli Romi Asmara Sulaiman Sulaiman