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Journal : Berajah Journal

ANALISIS YURIDIS POLITIS KEBIJAKAN MAKAN BERGIZI GRATIS (MBG) ANTARA MANDAT KONSTITUSI WELFARE STATE DAN TANTANGAN ANGGARAN PENDIDIKAN Ahmad Nurafendi; Mustofa Kamil; Eduardo Retno; Firmansyah Mahmud; Ronny Erlando
Berajah Journal Vol. 6 No. 2 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i2.394

Abstract

The Free Nutritious Meal (MBG) program is a national strategic policy launched by the new administration as an effort to accelerate the quality of Human Resources (HR) towards the Indonesia Golden 2045 vision. As a massive nutritional intervention instrument, this policy aims to break the chain of stunting and enhance the cognitive capacity of students across Indonesia. Despite its strong welfare orientation, this policy has sparked legal and constitutionality polemics, particularly regarding its funding sources. A crucial debate arises when the MBG budget allocation intersects with the mandate of Article 31 Paragraph (4) of the 1945 Constitution, which requires the state to prioritize the education budget at a minimum of 20% of the State Budget (APBN). The use of the education function budget for nutritional fulfillment raises questions regarding the risk of distorting the core objectives of national education. This research employs a qualitative descriptive method with a normative legal approach. Data were collected through literature studies of various primary legal materials, such as the 1945 Constitution, the State Budget Law, and implementing regulations related to the National Nutrition Agency, as well as secondary legal materials including theories of the welfare state and public policy. The study finds that substantively, the MBG policy constitutes a fulfillment of human rights to health and welfare in accordance with Article 28H and Article 34 of the 1945 Constitution. However, procedurally and constitutionally, this policy risks being unconstitutional if not accompanied by a strict separation of budget structures to prevent the erosion of basic educational implementation needs. Without a legal framework at the Statutory (Law) level to ensure accountability and sustainability, this policy is vulnerable to being perceived as a pragmatic political tool that threatens the long-term fiscal stability of the education sector.
POLITIK HUKUM DALAM KEBIJAKAN PENANGGULANGAN DEEPFAKE POLITIK ANCAMAN BARU TERHADAP INTEGRITAS DEMOKRASI Imam Fathwa; Mustofa Kamil; Bayu Triwibowo; Tri Susanto; Ratu Chumairoh Noor; Dian Retno Widayati
Berajah Journal Vol. 6 No. 2 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i2.406

Abstract

Advances in artificial intelligence (AI) technology have given rise to the phenomenon of deepfakes, which pose a serious threat to the integrity of democracy. Political deepfakes—the manipulation of video, audio or images of political figures using AI technology—are capable of creating highly convincing fake content that is difficult to distinguish from the original. This phenomenon threatens the foundations of democracy, which are built upon the truthfulness of information and public trust in the political process. This study aims to analyse legal policy in the context of countering political deepfakes using a normative-empirical legal research method. The findings indicate that the existing legal framework in Indonesia is insufficient to comprehensively address the threat of political deepfakes. Effective legal policy must be progressive, integrating aspects of technology regulation, the protection of human rights, and the strengthening of public digital literacy. This study recommends the establishment of specific regulations governing the use of AI technology in a political context through a multi-stakeholder approach.
POLITIK HUKUM DALAM KEBIJAKAN PENANGANAN KRISIS KEPERCAYAAN PUBLIK TERHADAP INSTITUSI PEMERINTAH DI ERA DIGITAL Naek Efendi; Mustofa Kamil; Supendi; Tugimin Harjotaruno; Asep Mulyana; Muhammad Ruhunussa
Berajah Journal Vol. 6 No. 2 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i2.419

Abstract

The digital age has brought about a fundamental transformation in the dynamics of the relationship between government and society. On the one hand, digital technology provides broader access to information and greater government transparency; on the other hand, the digital age has also become a medium for the dissemination of information that can undermine public trust in government institutions. The crisis of public trust is a multidimensional phenomenon involving political, legal and social aspects. This study aims to analyse legal policy in the context of addressing the crisis of public trust in government institutions in the digital age, using a normative-empirical legal research method. The findings indicate that legal policy in this context must strike a balance between protecting the reputation of government institutions and upholding the right to freedom of expression and the right to public information. Effective legal policy must be progressive, participatory, and evidence-based. This study recommends a holistic approach that integrates regulatory, educational, and technological aspects in addressing the crisis of public trust.
POLITIK HUKUM DALAM KEBIJAKAN PENGAWASAN ARTIFICIAL INTELLIGENCE DI SEKTOR PUBLIK INDONESIA Opik Sepriadi; Mustofa Kamil; Salman Al Ghifari; Unggul Budi; Ridwan; Oke Wiredarme
Berajah Journal Vol. 6 No. 2 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i2.432

Abstract

Advances in Artificial Intelligence (AI) technology have brought about significant transformations in modern governance, including in Indonesia. The use of AI in the public sector raises a range of complex legal challenges, ranging from the protection of personal data and algorithmic accountability to the transparency of automated decision-making. This paper analyses the legal policy regarding AI oversight in Indonesia’s public sector using an approach grounded in constitutional law and technology law. The research employs a normative legal research method with a conceptual and comparative legal approach. The findings indicate that the legal policy on AI oversight in Indonesia remains fragmented and reactive, dominated by a sectoral approach rather than a holistic one. This study recommends the need for a specific law on AI that integrates principles of algorithmic ethics, the protection of fundamental rights, and independent oversight mechanisms to ensure accountability in the use of AI within governance.
KONTROVERSI POLITIK HUKUM DALAM KEBIJAKAN PEMBATASAN IMPOR KOMODITAS STRATEGIS PERSPEKTIF KEDAULATAN EKONOMI Rahmat Giling; Mustofa Kamil; Dany Wahyu; Nursalim; Mahmuddin
Berajah Journal Vol. 6 No. 2 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i2.433

Abstract

Policies restricting imports of strategic commodities are an important instrument in achieving a nation’s economic sovereignty. In Indonesia, these policies face a range of complex political and legal controversies, particularly in the context of global economic integration and international trade obligations. This paper analyses the political and legal controversies surrounding policies restricting imports of strategic commodities from the perspective of economic sovereignty, using a normative legal research method supplemented by historical, conceptual and comparative legal approaches. The research findings indicate that there is a tension between the interests of protecting national economic sovereignty and the obligations of international trade liberalisation as stipulated in the General Agreement on Tariffs and Trade/World Trade Organisation. This legal-political controversy is reflected in the dynamics of legislative drafting, which is often ambivalent, inconsistent policy implementation, and selective law enforcement. This paper recommends the need for a reconstruction of legal policy that integrates the principle of economic sovereignty into the framework of international trade law through the utilisation of safeguard mechanisms, general exceptions, and industrial policies consistent with international trade commitments.
KEBIJAKAN PRESIDEN PRABOWO MEMBENTUK TIM SATGAS PERCEPATAN PERTUMBUHAN EKONOMI TINJAUAN YURIDIS ATAS KEWENANGAN EKSEKUTIF DAN KONSEKUENSI HUKUM ADMINISTRASI NEGARA Wisnu Cahyo Apriliyadi; Mustofa Kamil; Muhammad Fajar Alfahimi; Aditya Putra Setyawan; Ahiruddin
Berajah Journal Vol. 6 No. 2 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i2.450

Abstract

President Prabowo Subianto’s policy to establish a Task Force (Satgas) for the Acceleration of Government Programmes to Support Economic Growth through Presidential Decree No. 4 of 2026 constitutes a strategic step within the architecture of national economic governance. This study analyses the legal basis for the formation of the task force from the perspective of administrative law, examines the President’s authority in forming task forces as policy instruments, and identifies the legal implications for the system of inter-governmental coordination. The research method employed is a normative legal approach utilising legislation, conceptual analysis, and case studies. The research findings indicate that the formation of the Task Force has a constitutional basis under Article 4(1) of the 1945 Constitution, which designates the President as the holder of executive power. However, the existence of a Task Force comprising 27 ministers and heads of agencies raises legal questions regarding the hierarchical relationship with ministries/agencies that are structurally under the coordination of coordinating ministers, as well as the potential for overlapping authority with other task forces that have been established previously. This study recommends the need for clear technical and operational regulations to minimise conflicts of authority and ensure accountability in the implementation of the Task Force’s duties within the framework of good governance.
KEBIJAKAN HUKUM TERHADAP FENOMENA AI VOICE CLONING DI INDONESIA Dadang Rachmat; Mustofa Kamil; Ervawati; Dede Agus Sodikin; Djamal Efendi
Berajah Journal Vol. 6 No. 2 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i2.485

Abstract

The development of Artificial Intelligence (AI) technology has produced significant innovations, including AI Voice Cloning which enables replication of human voice with very high accuracy. Although this phenomenon has potential positive applications in various sectors, it also poses serious risks related to fraud, identity falsification, privacy violations, and intellectual property rights infringement. In Indonesia, specific regulations regarding AI Voice Cloning are not yet available, so handling this phenomenon relies on interpretation from various existing legal instruments. This study analyzes the relevant legal framework, jurisdictional challenges, and socio-economic implications of AI Voice Cloning using normative legal research methods and interdisciplinary approaches. The results show that Indonesian legal policy requires comprehensive development covering technical regulations, protection of voice rights as intellectual property objects, digital verification mechanisms, and harmonization with international standards. This study recommends the formation of specific regulations, strengthening law enforcement capacity, and developing an AI ethics ecosystem involving multi-stakeholders.
PERAN HUKUM KEBIJAKAN PUBLIK DALAM PENCEGAHAN POLITIK DINASTI DI DAERAH Akhmad Faishal; Mustofa Kamil; Bachtiar Kemal Harahap; Muslimin; Teddy T Pingak; Rifqi Syifa’ul Qolbi
Berajah Journal Vol. 6 No. 3 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i3.496

Abstract

Dynastic politics is a phenomenon rooted in Indonesia's democratic system, particularly at the regional government level. The practice of dynastic politics threatens the principles of meritocracy, equality, and substantive democracy that form the constitutional foundation of this country. This article aims to analyze the role of public policy law in preventing dynastic politics practices in regions. The research method used is qualitative with a normative-empirical legal approach. Data was collected through document studies, literature studies, and analysis of legislation. The results show that public policy law has a strategic role in preventing dynastic politics through three main mechanisms: first, normative regulation through legislation that limits dynastic politics practices; second, supervision and law enforcement mechanisms by state institutions; and third, political education and formation of community legal awareness. This article recommends the need for harmonization of legislation, strengthening of supervisory institutions, and revitalization of political education to create a regional democratic system free from dynastic politics practices.