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PUTUSAN BERSYARAT MAHKAMAH KONSTITUSI DAN RISIKO PEMBENTUKAN NORMA BARU DALAM SISTEM KETATANEGARAAN INDONESIA Indra Utama Tanjung
Case Law : Journal of Law Vol. 7 No. 2 (2026): Case Law : Journal of Law
Publisher : Program Studi Hukum Program Pasca Sarjana

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DOI : 10.25157/caselaw.v7i2.6145 Abstract Penelitian ini mengkaji putusan bersyarat Mahkamah Konstitusi dan risiko pembentukan norma barudalam sistem ketatanegaraan Indonesia. Persoalan ini penting karena Mahkamah Konstitusi padadasarnya diberi mandat konstitusional sebagai penjaga konstitusi melalui kewenangan pengujianundang-undang terhadap Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. Dalamdoktrin klasik, Mahkamah Konstitusi diposisikan sebagai negative legislator, yaitu lembaga yangberwenang meniadakan norma undang-undang yang bertentangan dengan konstitusi, bukan membentuknorma baru. Namun, dalam praktiknya, Mahkamah Konstitusi tidak selalu berhenti pada pembatalannorma. Melalui putusan bersyarat, baik dalam bentuk conditionally constitutional maupun conditionallyunconstitutional, Mahkamah Konstitusi kerap memberikan tafsir yang mengikat, menambahkan syarat,membatasi makna, bahkan membentuk akibat hukum baru. Penelitian ini menggunakan metode hukumnormatif dengan pendekatan perundang-undangan, pendekatan konseptual, dan pendekatan putusan.Bahan hukum dianalisis secara kualitatif dengan menelaah UUD 1945, Undang-Undang MahkamahKonstitusi, Undang-Undang Pembentukan Peraturan Perundang-undangan, doktrin hukum tata negara,serta beberapa putusan Mahkamah Konstitusi yang menunjukkan corak putusan bersyarat dan aditif.Hasil penelitian menunjukkan bahwa putusan bersyarat tidak selalu keliru secara konstitusional apabiladigunakan untuk melindungi hak konstitusional warga negara, mencegah kekosongan hukum, danmenjaga efektivitas norma. Namun, putusan bersyarat menjadi problematik apabila MahkamahKonstitusi masuk ke wilayah open legal policy, menggantikan pilihan pembentuk undang-undang, sertamelahirkan norma baru tanpa dasar konstitusional yang kuat. Penelitian ini menegaskan perlunya bataskonstitusional terhadap putusan bersyarat melalui tiga ukuran, yaitu dasar tekstual dalam konstitusi,penghormatan terhadap fungsi legislasi, dan pengendalian akibat hukum putusan.

Conceptualization of Wahdatul 'Ulum: A Philosophical Analysis of the Unity of Knowledge in the Islamic Scientific Tradition Ahmad Nazir Siregar; Yusril Fahmi; Audia Zahara; Pusvita Ramadhani Nababan; Indra Utama Tanjung
Jurnal Cendikia ISNU SU Vol. 1 No. 2 (2024): Vol 1. No 2 Sept 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i2.246

The development of modern science has given birth to a fragmentation of science that separates religious science and general science, thus giving rise to an epistemological crisis in the Islamic educational tradition. This condition encourages the need to reconstruct a scientific paradigm that is able to integrate various disciplines in one complete philosophical framework. This study aims to analyze the conceptualization of Wahdatul 'Ulum as a paradigm of unity of knowledge in the Islamic scientific tradition, examine its philosophical foundation, its conceptual structure, and its relevance to the development of contemporary science. The research uses a qualitative approach with the library research method. Data were obtained from various primary and secondary literature related to Islamic epistemology, philosophy of science, and the thought of Muslim scholars, then analyzed using content analysis through a descriptive-analytical approach. The results of the study show that Wahdatul 'Ulum is an epistemological paradigm built on the unity of ontology, epistemology, and axiology based on the principle of monotheism. This paradigm views revelation, reason, senses, and intuition as complementary sources of knowledge and places all branches of science as one knowledge system oriented to the benefit of humans. Compared to various other models of science integration, Wahdatul 'Ulum not only offers curriculum integration, but also reconstructs a perspective on the essence of science. Thus, Wahdatul 'Ulum has philosophical relevance as a paradigm for the development of Islamic higher education, multidisciplinary research, and strengthening the ethical foundation of science in responding to epistemological crises in the era of globalization and technological development.

The Role and Legal Responsibilities of Directors and Commissioners in Facing Administrative, Criminal and Civil Risks Indra Utama Tanjung; Vivian Alyssa Chandra; Khania Amanda Salsabila; Ryan Fahri Rangkuti; Aufiya Muhammad Syukri Al Ghiffary
Jurnal Cendikia ISNU SU Vol. 1 No. 3 (2024): Vol 1. No 3 Des 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i2.844

This article examines the roles and legal responsibilities of directors and commissioners in corporate law, particularly regarding administrative, criminal, and civil risks. Directors, as the managing body, and commissioners, as supervisors, have legal obligations inherent in their strategic functions. In the Indonesian legal system, violations of the principles of prudence and good faith can give rise to personal liability. This study uses a normative juridical approach by analyzing relevant laws and regulations and jurisprudence. The results of the study indicate that there is still a lack of clarity in the application of accountability standards, particularly in distinguishing between corporate and individual management responsibilities. This lack of clarity can create legal uncertainty and risks for company managers. Therefore, this article recommends updating legal norms and strengthening the principles of good corporate governance as preventive measures to clarify the boundaries of responsibility and minimize legal risks for directors and commissioners.

The Philosophy of Morality and Law Enforcement in Corruption: A Case Study of State Losses of IDR 271 Trillion Indra Utama Tanjung; Aldi Alfarel Sinulingga; Indana Sephia Citra; Saif Arrasid
ISNU Nine-Star Multidisciplinary Journal Vol. 2 No. 1 (2025): Vol.2 No.1 2025 ISNU Nine Star Mei
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v2i1.769

Corruption in Indonesia is a serious problem that has damaged the country's social and economic structures. One significant case is corruption that caused state losses of up to Rp 271 trillion. In this regard, the application of the law to perpetrators of corruption is important to examine from a moral philosophy perspective. This article examines the 6.5-year prison sentence imposed on the perpetrator who caused this significant loss, using deontological and utilitarian ethical perspectives. Is this sentence sufficient to provide a deterrent effect and satisfy society's sense of justice? Or does it ignore the serious impact of corruption? This article aims to explore the role of the legal system in upholding justice and how moral philosophy can provide insight into existing legal policies. Furthermore, this research also examines the potential for improving the legal system to be more effective in handling major corruption cases for the sake of more meaningful justice for society and the state.

Civil Law Aspects of Crypto Investment Dispute Resolution Through Arbitration and Litigation Handro Kurnia Sitorus; Ahyar Dinda Alamsyah Harahap; Abdul Latif; Aripa Syawalia; Indra Utama Tanjung
ISNU Nine-Star Multidisciplinary Journal Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v2i3.937

Digital transformation in the financial sector has given birth to new investment instruments in the form of crypto assets based on blockchain technology. Despite its great potential, crypto investment also gives rise to various civil disputes between investors and service provider platforms. Such disputes are often caused by defaults, unlawful acts, or losses due to digital system failures, which have not been specifically regulated in national law. This research aims to identify the form of civil law relationships in crypto transactions, examine the types of disputes that arise, and evaluate the effectiveness of two dispute resolution mechanisms, namely arbitration and litigation. The method used is a normative juridical approach through literature studies that include laws and regulations, scientific literature, as well as court and arbitration decisions. The results of the study show that arbitration has advantages in terms of efficiency and flexibility, but faces obstacles in enforcing cross-jurisdictional awards. In contrast, litigation provides stronger formal legal guarantees, but tends to be slow and less adaptive to technological aspects. The main obstacles faced are the absence of substantive regulations, limitations in digital proof, and low technical literacy of legal apparatus. Therefore, regulatory reform and institutional capacity strengthening are needed to ensure equal legal protection for crypto investors in Indonesia.

Conceptualization of Wahdatul 'Ulum: A Philosophical Analysis of the Unity of Knowledge in the Islamic Scientific Tradition Ahmad Nazir Siregar; Yusril Fahmi; Audia Zahara; Pusvita Ramadhani Nababan; Indra Utama Tanjung
Jurnal Cendikia ISNU SU Vol. 1 No. 2 (2024): Vol 1. No 2 Sept 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i2.246

The development of modern science has given birth to a fragmentation of science that separates religious science and general science, thus giving rise to an epistemological crisis in the Islamic educational tradition. This condition encourages the need to reconstruct a scientific paradigm that is able to integrate various disciplines in one complete philosophical framework. This study aims to analyze the conceptualization of Wahdatul 'Ulum as a paradigm of unity of knowledge in the Islamic scientific tradition, examine its philosophical foundation, its conceptual structure, and its relevance to the development of contemporary science. The research uses a qualitative approach with the library research method. Data were obtained from various primary and secondary literature related to Islamic epistemology, philosophy of science, and the thought of Muslim scholars, then analyzed using content analysis through a descriptive-analytical approach. The results of the study show that Wahdatul 'Ulum is an epistemological paradigm built on the unity of ontology, epistemology, and axiology based on the principle of monotheism. This paradigm views revelation, reason, senses, and intuition as complementary sources of knowledge and places all branches of science as one knowledge system oriented to the benefit of humans. Compared to various other models of science integration, Wahdatul 'Ulum not only offers curriculum integration, but also reconstructs a perspective on the essence of science. Thus, Wahdatul 'Ulum has philosophical relevance as a paradigm for the development of Islamic higher education, multidisciplinary research, and strengthening the ethical foundation of science in responding to epistemological crises in the era of globalization and technological development.

The Role and Legal Responsibilities of Directors and Commissioners in Facing Administrative, Criminal and Civil Risks Indra Utama Tanjung; Vivian Alyssa Chandra; Khania Amanda Salsabila; Ryan Fahri Rangkuti; Aufiya Muhammad Syukri Al Ghiffary
Jurnal Cendikia ISNU SU Vol. 1 No. 3 (2024): Vol 1. No 3 Des 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i2.844

This article examines the roles and legal responsibilities of directors and commissioners in corporate law, particularly regarding administrative, criminal, and civil risks. Directors, as the managing body, and commissioners, as supervisors, have legal obligations inherent in their strategic functions. In the Indonesian legal system, violations of the principles of prudence and good faith can give rise to personal liability. This study uses a normative juridical approach by analyzing relevant laws and regulations and jurisprudence. The results of the study indicate that there is still a lack of clarity in the application of accountability standards, particularly in distinguishing between corporate and individual management responsibilities. This lack of clarity can create legal uncertainty and risks for company managers. Therefore, this article recommends updating legal norms and strengthening the principles of good corporate governance as preventive measures to clarify the boundaries of responsibility and minimize legal risks for directors and commissioners.

Resolving Authority Dualism Between National Sharia Arbitration Board and Sharia Courts Through Maslahah Arminsyah; Indra Utama Tanjung; Siti Arifah Syam
As-Siyasi: Journal of Constitutional Law Vol. 6 No. 1 (2026): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v61.31910

The development of the Sharia economy in Indonesia requires a dispute resolution mechanism that ensures legal certainty, justice, and effective law enforcement. However, the coexistence of National Sharia Arbitration Board (BASYARNAS) and the Sharia Court has created a dualism of authority concerning jurisdiction, institutional legitimacy, and the enforcement of Sharia arbitration awards. This study aims to analyze the authority conflict between BASYARNAS and the Sharia Court and to formulate a harmonization model based on the principle of maslahah. Using a normative legal research method, the study employs statutory, conceptual, and philosophical approaches through the analysis of legislation, court decisions, and relevant legal doctrines. The findings reveal that the authority dualism originates from regulatory disharmony between arbitration law and religious court regulations, resulting in legal uncertainty and obstacles to the enforcement of Sharia arbitration awards. The study proposes a maslahah-oriented harmonization model that positions BASYARNAS as the institution responsible for resolving Sharia economic disputes through arbitration, while the Sharia Court functions as the supervisory, legalizing, and enforcing authority for arbitration awards. This model strengthens institutional coherence and legal certainty within the Sharia economic dispute resolution framework. The study contributes to the development of constitutional and Sharia economic law scholarship and provides recommendations for regulatory synchronization to establish an integrated, effective, and equitable dispute resolution system.

THE CONSTITUTIONAL PROBLEM OF PERPPU IN THE INDONESIAN LEGAL SYSTEM: TENSIONS BETWEEN EXECUTIVE AND LEGISLATIVE AUTHORITY FROM THE PERSPECTIVE OF CHECKS AND BALANCES Indra Utama Tanjung; Arminsyah
PENA LAW: International Journal of Law Vol. 4 No. 1 (2026): May
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v4i1.308

A Government Regulation in Lieu of Law (PERPPU) is a constitutional instrument granted to the President under Article 22 of the 1945 Constitution of the Republic of Indonesia in cases of compelling emergency. Although normatively intended as an emergency mechanism, the practice of issuing PERPPUs has sparked debate regarding the limits of their constitutionality, particularly in the context of the relationship between the executive and legislative branches of government. This study aims to analyze the constitutionality of PERPPUs within the Indonesian legal system and examine the tensions between the President and the House of Representatives (DPR) from a checks and balances perspective. This study uses normative legal methods with a statutory and conceptual approach. The analysis was conducted on constitutional provisions, Law Number 12 of 2011 concerning the Formation of Legislation, and Constitutional Court Decision Number 138/PUU-VII/2009, which defines the objective parameters of compelling emergency. The results indicate that a PERPPU is formally valid if it meets the procedures stipulated in Article 22 of the 1945 Constitution and obtains DPR approval. However, substantively, the practice of interpreting the phrase "compelling urgency" still leaves room for subjectivity, potentially expanding executive authority in the legislative sphere. This asymmetry of power arises because the PERPPU is effective from its promulgation before the House of Representatives (DPR) approves it, thus ensuring ex post legislative control. This study proposes a reconstruction of the parameters of compelling urgency by emphasizing restrictive interpretations, objective proof of legal vacuum and time constraints, and strengthening substantive evaluation by the DPR. Thus, the constitutionality of the PERPPU can be maintained without sacrificing the principles of the rule of law and the balance of power within Indonesia's constitutional democratic system.

Political and Legal Reconstruction of the Urgency that Forces the Issuance of PERPPU in Indonesia Based on Fair Benefit Values Indra Utama Tanjung; Mhd Syahnan; Akmaluddin Syahputra
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.v23i3.5495

Legal sovereignty in Indonesia places the 1945 Constitution as the highest norm, which is the basis for other legislation. In the legal hierarchy, PERPPU is an executive product issued based on presidential prerogative in times of urgent and compelling circumstances. This research aims to examine the position of PERPPU, especially PERPPU No. 2 of 2022, in the context of a compelling emergency in accordance with Article 22 paragraph (1) of the 1945 Constitution. This study uses quantitative and juridical-normative methods to explore the application of PERPPU in legal practice, taking into account the complexity of social phenomena and normative values, including doururiah in Islamic law. A multidisciplinary approach is applied, involving theories from figures such as Amartya Sen, John Locke, and Montesquieu, as well as the principles of the Rule of Law. Primary and secondary data were analyzed through document studies, semi-structured interviews and field observations. The research results show that PERPPU No. 2 of 2022 concerning Job Creation, which was issued as a response to urgent global economic conditions, fulfills the requirements of compelling urgency as mandated by the 1945 Constitution. However, the publication process raises concerns about subjectivity and potential abuse of power. The DPR's approval of the PERPPU represents a constitutional step in the right direction, but broader involvement of stakeholders and transparency of the process are essential to ensure fairness and compliance with the principles of the rule of law. PERPPU, as an instrument issued in urgent circumstances, must be managed strictly and only used as a last resort. The involvement of the DPR in the approval process is an important democratic control, but it must be carried out efficiently to avoid a legal vacuum. Transparency in the process of determining and evaluating compelling emergencies is critical to maintaining the integrity of the legal system and public trust. This research suggests the need for reform in PERPPU issuance procedures to ensure that each publication is based on objective and urgent needs, by avoiding broad interpretations that could lead to abuse of power.

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