Muhammad Torieq Abdillah
Universitas Islam Negeri Antasari Banjarmasin

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Democracy and the Peoples’ Tribunal in Joko Widodo’s Era: A Study Based on Responsive Law Theory Nawaz Syarif; Muhammad Torieq Abdillah; Yamani Naufal
DiH: Jurnal Ilmu Hukum Volume 22 Nomor 1 Februari 2026
Publisher : Doctor of Law Study Program Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/dih.vi.132806

Abstract

This research addresses the decline of democracy and rule of law in Indonesia under President Joko Widodo, characterized by political dynasties, judicial weakening, and laws favoring political power.itical power. These conditions led to the emergence of the Peoples’ Tribunal or Extraordinary Peoples’ Court as a public effort to demand substantive justice. The purpose of this study is to analyze the legitimacy of the Peoples’ Tribunal within Indonesia’s rule of law framework through Responsive Law Theory. This study employs normative legal research using statutory, conceptual, and case study approaches. Data were collected from relevant regulations, court decisions, and scholarly literature, then analyzed using content analysis. The findings reveal that although the Peoples’ Tribunal has no binding legal force, it holds moral and social legitimacy as a corrective mechanism against the failures of formal legal institutions. From the perspective of responsive law, the phenomenon reflects society’s demand for a more adaptive, participatory, and reflective legal system, while also serving as a critique of Indonesia's increasingly formalistic and elitist legal order.
Harmonisation Of Sharia-Based Regional Regulations In Banjarmasin City With The Constitution: A Normative Juridical Study Trenadi Prasetia; Muhammad Torieq Abdillah; Ahmad Gelora Mahardika
Hukum Islam Vol 25 No 2 (2025): Islamic Law
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v25i2.38828

Abstract

This study aims to examine the conformity of sharia-based regional regulations in Banjarmasin City with the 1945 Constitution of the Republic of Indonesia and to formulate harmonization strategies to ensure that such regulations remain consistent with the principles of the rule of law, legal pluralism, and the protection of constitutional rights. This research employs a normative juridical method using statutory, conceptual, and case approaches. The data were collected through a literature review of relevant legislation, sharia-based regional regulations in Banjarmasin City, and legal scholarship, and were analyzed qualitatively using systematic and constitutional interpretation. The findings indicate that several sharia-based regulations contain provisions that potentially conflict with constitutional principles, particularly freedom of religion, equality before the law, and non-discrimination. Although these regulations were enacted based on the aspirations of the local majority and intended to promote morality and public order, their implementation has not fully accommodated societal diversity and constitutional rights. This study proposes harmonization through substantive normative revisions, the application of inclusive legal principles, and the establishment of continuous evaluation and monitoring mechanisms. The results of this research are expected to contribute to policy formulation by local governments in developing regional regulations that are constitutional, equitable, and responsive to legal and social pluralism.