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State Administrative Court Annulment Of Unlawful Demotions Through Fiqh Siyasah Jurisprudence: Pembatalan Penurunan Jabatan Pegawai Negeri Oleh Pengadilan Tata Usaha Melalui Fiqh Siyasah Azan Mahriza Girsang; Zulham Zulham
Indonesian Journal of Law and Economics Review Vol. 21 No. 3 (2026): Agustus
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v21i3.1628

Abstract

General Background The State Civil Apparatus plays a vital administrative role in government, requiring strict adherence to legal and ethical standards to ensure optimal public service delivery. Specific Background In Dairi Regency, a government employee faced an arbitrary demotion through Decree No. 400.7/000280 issued by the Head of the Health Office without proper procedural compliance. Knowledge Gap While previous studies have examined ethical violations by public officials, the specific intersection of procedural flaws in bureaucratic demotions and Islamic political principles remains underexplored. Aims This normative legal study examines the annulment of this demotion decree by the judiciary using both public administration and Islamic governance frameworks. Results The judiciary annulled the decree because the Head of the Health Office bypassed mandatory examination procedures, ignored the required examination team, and violated the overarching principles of good governance. Novelty This study integrates secular judicial decisions with the religious principle that public authority must inherently prioritize justice, transparency, and the public interest over unilateral bureaucratic discipline. Implications The findings mandate that government agencies must rigorously observe procedural justice and Islamic governance principles to guarantee legal protection for employees against arbitrary sanctions. Highlights The Dairi Health Office Head bypassed mandatory examination protocols when penalizing a subordinate. The judiciary revoked Decree No. 400.7/000280 for violating good governance regulations and accountability. Islamic political principles dictate that leadership actions must guarantee justice and protect individual rights. Keywords State Civil Apparatus; Fiqh Siyasah; Administrative Court; Demotion Sanction; Good Governance
Normative Examination of the Mandatory Public Housing Savings Scheme for Self-Employed Workers in Relation to Consumer Protection and the Constitution Zulham; Noor Azizah
Journal of Indonesian Legal Studies Vol. 11 No. 1 (2026): Contemporary Legal Responses to Technological, Economic, and Social Change
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v11i1.38057

Abstract

The Public Housing Savings Law (UU Tapera) requires self-employed workers earning at least the minimum wage to participate as Tapera members, even though their income is not connected to any employer. This obligation stands in contrast to the Consumer Protection Law (UUPK), which ensures that consumers have the right to freely select goods and/or services based on their individual preferences. As Tapera consumers, self-employed workers should therefore retain the freedom to determine the financing model and capital-accumulation scheme they prefer for obtaining residential housing. Additionally, the 1945 Constitution of the Republic of Indonesia (UUD 1945) guarantees every individual’s right to adequate housing. This article examines the compatibility of Article 7 paragraph (1) of the Public Housing Savings Law with Article 4 letter (b) of the Consumer Protection Law and Article 28H paragraph (1) of the 1945 Constitution. Using a normative juridical research method, the study analyzes primary, secondary, and tertiary legal materials on Tapera for self-employed workers from the perspectives of consumer protection and constitutional law. These materials are assessed to formulate scholarly insights presented in a constructive and argumentative manner. The study concludes that Article 7 paragraph (1) of the Public Housing Savings Law is inconsistent with the Consumer Protection Law and the constitutional guarantee of adequate housing. Accordingly, the article recommends clearly distinguishing the terms “workers” and “self-employed workers” in the law and regulating Tapera participation for self-employed workers on a voluntary basis.