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All Journal Substantive Justice International Journal of Law Pena Justisia: Media Komunikasi dan Kajian Hukum Risalah Hukum Amsir Law Jurnal (ALJ) Jurnal Hukum Sehasen Jurnal Penyuuhan dan Pemberdayaan Masyarakat (JPPM) Jurnal Hukum Islam SASI Indonesian State Law Review (ISLRev)
M. Hatta Roma Tampubolon
Fakultas Hukum Universitas Tadulako, Indonesia
Religion Agriculture, Biological Sciences & Forestry Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Constitutional Amendments in Muslim-Majority States: The Case of Indonesia and its Islamic Peers Tampubolon, Muhammad Hatta Roma; Nggilu, Novendri M.; Yassine, Chami; Sahabat, Andi Inar; Ismail, Nurwita
Jurnal Hukum Islam Vol 23 No 1 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v23i1.07

Abstract

Muslim-majority countries face unique challenges in managing constitutional change because of complex interaction between religion, politics, and law. Formal and informal constitutional amendments occur through legal procedures and judicial interpretation, political practice, and social norms, respectively. This study analyzes the dynamics of these amendments in Muslim-majority countries, focusing on Indonesia, Turkey, Egypt, and Pakistan. The research method used here adopts a normative juridical approach with a comparative approach. Reportedly, Indonesia stands out with a combination of formal amendments, such as the reform of the 1945 Constitution, and informal changes through the Constitutional Court, creating a stable and flexible legal system. In contrast, Egypt and Pakistan show that the pressure of political crises and the influence of the military often hinder the sustainability of formal reforms, although informal change remains an adaptation mechanism. These findings highlight the importance of the social and political context in shaping the path of constitutional change and indicate that informal change can serve as an adaptation tool without the need for legal text revision. The novelty of this study is its simultaneous focus on formal and informal amendments in the Muslim-majority countries, offering a contribution to the literature on global constitutionalism by explaining how informal mechanisms can complement formal reform.
THE LEGAL CERTAINTY OF COMMUNITY PARTICIPATION RELATED TO MINING ACTIVITIES Tampubolon, Muhammad Hatta Roma; Maddusila, Sitti Fatimah; Zulkarnain, Zulkarnain; Mallawa, Suardi Dg.
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4465

Abstract

Indonesia is rich in mining resources, which constitute one of the crucial sectors for national development. However, mining activities are not without controversy, particularly regarding community participation in decision-making processes and implementation. Despite existing laws guaranteeing the community's right to participate, their implementation still faces obstacles such as legal uncertainties concerning the mechanisms and procedures for participation, which have not been clearly and comprehensively regulated. The purpose of this research is to examine the legal certainty regarding community participation in mining activities in Indonesia and to identify the problems and challenges faced in its implementation. This study employs normative legal research methods with a legislative and conceptual approach. Data collection techniques are conducted through literature studies, analyzed qualitatively with content analysis, and presented descriptively and analytically. The research findings reveal that legal certainty regarding community participation in mining activities in Indonesia is currently regulated by laws such as the Mineral and Coal Mining Law (UU Minerba) and Government Regulation No. 51/2014, which guarantee the community's right to participate. However, these regulations do not clearly define the mechanisms and procedures, leading to legal uncertainty. The main problems and challenges in implementation include unclear mechanisms and procedures for participation, lack of socialization and transparency of information, low community capacity, weak law enforcement and supervision, and potential conflicts of interest that can hinder effective and sustainable community participation in mining activities.
Co-Authors Andi Bustamin Dg Kunu Andi Bustamin Dg. Kunu Andi Inar Sahabat Andi Intan Purnamasari Ansar Asri Lasatu Evi Noviawati Hanifah dhiyanul Haq Hanifah Dhiyaul Haq Irwansyah Irwansyah Irwansyah Irwansyah Ismail, Nurwita Maddusila, Siti Fatimah Mallawa, Suardi Dg. Manga Patila Novendri M Nggilu Nurul Miqat Rahmat Bakri Ramdhan Kasim Sahabat, Andi Inar Sitti Fatimah Maddusila Suardi Dg. Mallawa Sulbadana Sulbadana Syamsuddin, Adiesty Septhiany Prihatiningsih Yassine, Chami Zulkarnain Zulkarnain Zulkarnain Zulkarnain