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All Journal Jurnal Hukum IUS QUIA IUSTUM Journal of SouthEast Asian Human Rights Constitutional Review AHKAM : Jurnal Hukum Islam dan Humaniora
Mirza Satria Buana
Unknown Affiliation
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Law Politics of 2009’s Presidential Election Act Mirza Satria Buana
Jurnal Hukum IUS QUIA IUSTUM Vol. 16 No. 2 (2009): English Version
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Normatively, an act, in whatever form in may be, shall be based on the orientation for the the people benefit and to ascertainment of the justice for people. The politics of law of presidential election issued by the relevant body is considered to be conservative and tends to be elitical. On theother hand, the success of Indonesia to exit fron the transition of democracy is determined by the lagal policiy of the govenrment. Through the issuance of act on Presidential election which is responsive,  a better and more democratic new president may be ekected.Keywords : Democracy, Politics Of Law, Presidential Election
Can Human Rights and Indigenous Spirituality Prevail over State-Corporatism? A Narrative of Ecological and Cultural Rights Violation from East Kalimantan, Indonesia Mirza Satria Buana
Journal of Southeast Asian Human Rights Vol 1 No 1 (2017): June 2017
Publisher : Jember University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v1i1.5282

Abstract

This article examines both theoretical and empirical discussion on strategies to overcome state-corporatism and developmentalism practices in East Kalimantan, Indonesia. State-corporatism is the term used to describe a political condition when a state has a strong linkage to organized groups. Developmentalism is an over-arching concept to describe a strong tendency of a state to maximize economics growths through investment, while disregarding people’s fundamental rights. East Kalimantan Province is selected because it is highly known as one of the enournous amount of natural resources found within among other provinces in Indonesia. However, the richness of this province has become a curse of its people due to massive destructions of natural resources. This paper seeks to analyse in what way human rights’ principles and indigenous spirituality can lessen the negative effects of ‘development’ projects sustained by state-corporatism. This article contemplates what strategies that can be executed to diminish state-corporatism effects in East Kalimantan, particularly in two important districts: Regency of Kutai Kartanegara and Bontang Municipality. This article argues that the indigenous spirituality is a key to battle state-corporatism’s influences. Indigenous spirituality as forum internum is still a potential tool of advocacy. By capitalizing the role of shamans, indigenous peoples might still have opportunities to reclaim and defend their cultural rights.
Weak-Form Review and Judicial Independence: A Comparative Perspective Mirza Satria Buana
Constitutional Review Vol. 10 No. 2 (2024)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/consrev1023

Abstract

This article examines the Court’s judicial review power that has gradually shifted from a strong-form review into a weak-form review. The shifting into weak-form review may affect judicial independence, both de facto or de jure, because Justices have considered the Legislature’s responds on the Court’s decisions. This approach diminishes the Court’s supremacy toward lawmakers. This article explores comparative insights from various countries that utilize those reviews, notably the United States of America (strong review), and commonwealth countries (weak review). It also elaborates on some ‘anomalies’ from both reviews. It raises two important questions: what insights can be learned from other countries’ judicial practices, particularly on the use of weak- form review? And, does weak-form review suitable to be enforced in Indonesia’s context? The weak review that is manifested in conditional decisions claims to be more politically palatable. Despite that strategic reason, the practice of conditional decision is prone to misuse as it could decrease constitutionalism and judicial independence. This paper argues that the weak-form review is not suitable for Indonesia’s constitutional law context, because the country lacks prerequisites and preconditions of strong control through parliament. The Indonesian Constitutional Court must return to its genuine authority as a strong-form review to strengthen legal constitutionalism.
Kendala Asas Retroaktif dalam Penanganan Pelanggaran HAM Berat Syifa Azzohra; Mirza Satria Buana
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10572

Abstract

Although the application of the retroactive principle in resolving gross human rights violations has been widely studied, discussions that specifically examine the regulation of the retroactive principle and the juridical obstacles affecting the effectiveness of its application in the Indonesian legal system remain limited. This study aims to analyze the regulation of the retroactive principle in handling gross human rights violations and to examine the legal obstacles affecting its implementation. This study used a normative legal method with statutory and case approaches. The research data, consisting of primary and secondary legal materials, were collected through a literature study of laws and regulations, court decisions, books, and scientific journals, then analyzed descriptively and analytically. The results showed that the application of the retroactive principle to gross human rights violations in Indonesia obtains legitimacy through Law Number 26 of 2000 concerning Human Rights Courts as an exception to the principle of legality to prevent impunity for perpetrators of extraordinary crimes. However, the effectiveness of its application still faces several obstacles, particularly limited institutional capacity, issues of legal politics, and the suboptimal synergy between national and international legal mechanisms. A comparison with Japan shows that the success of enforcing justice is determined not only by the existence of legal norms but also by institutional support and the state’s commitment to human rights enforcement. These findings contribute to the development of human rights law studies, particularly in understanding the relationship between the principle of legality, the retroactive principle, and transitional justice. The implications of this study may serve as a consideration for policymakers in strengthening mechanisms for resolving gross human rights violations and encouraging further research on the effectiveness of integrating national and international legal mechanisms in human rights enforcement.
Co-Authors Syifa Azzohra