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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) al-Afkar, Journal For Islamic Studies Jurnal Pro Hukum : Jurnal Penelitian Bidang Hukum Universitas Gresik Jurnal Jatiswara Journal of Law Science Pena Justisia: Media Komunikasi dan Kajian Hukum jurnal ilmiah hospitality JIIP (Jurnal Ilmiah Ilmu Pendidikan) JURNAL DE JURE MUHAMMADIYAH CIREBON LEGAL BRIEF Jurnal Muhakkamah Fakultas Hukum Universitas Nahdlatul Wathan Mataram Indonesia Berdaya Devotion: Journal of Research and Community Service International Journal of Health, Economics, and Social Sciences (IJHESS) PROFICIO: Jurnal Pengabdian Masyarakat Empiricism Journal Jurnal Kolaboratif Sains IBLAM Law Review JSIP: Jurnal Studi Ilmu Pemerintahan Journal Indonesia Law and Policy Review (JILPR) Jurnal Cakrawala Ilmiah LEBAH Bacarita Law Journal Jurnal Pengabdian Ruang Hukum Commerce Law Jurnal Indonesia Sosial Sains Jurnal Ilmiah Pengabdian dan Inovasi Jurnal Ilmiah Dan Karya Mahasiswa Ex Aequo Et Bono Journal of Law Law and Economics Jurnal Penelitian Pendidikan Indonesia Journal of Community Empowerment Green Governance: Exploring Politics, Social Justice, and the Environment Ulil Albab
Firzhal Arzhi Jiwantara
Magister Hukum Universitas Muhammadiyah Mataram
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Non-Formal Legitimacy of Constitutional Change and Public Perception in The Reform of the 1945 Constitution Through Constitutional Court Decisions Hasanah, Siti; Jiwantara, Firzhal Arzhi
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 3 (2025): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v13i3.1841

Abstract

Problematics of the legitimacy of non-formal constitutional changes through judicial decisions in the context of constitutional reform in Indonesia, with a focus on public perception as the main determinant of acceptance or rejection of these changes. Constitutional changes that do not go through formal procedures, carried out through the interpretation of judicial institutions, raise debates about the limits of institutional authority and the integrity of basic norms in the legal system. The purpose of the study was to evaluate how public perception affects the legitimacy of non-formal constitutional change through constitutional court decisions. This research uses a juridical-normative approach with the support of qualitative data analysed descriptively and evaluatively on several Constitutional Court decisions that are considered to contain elements of changes in constitutional norms. The novelty of this research lies in emphasizing the analysis of the relationship between public perception, trust in judicial institutions, and the direction of constitutional reform. The results show that without public support, constitutional change through non-formal channels risks delegitimization, and has the potential to create a crisis of confidence in constitutional institutions. This research contributes to promoting transparency, participation and accountability in the practice of judicial-based constitutional reform.
The Enforcement of Disciplinary Sanctions Against Civil Servants Based On Law Number 20 Of 2023 Salahudin, Salahudin; Hasanah, Siti; Jiwantara, Firzhal Arzhi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4074

Abstract

The concept of applying disciplinary consequences against Civil Servants (PNS) in accordance with Law Number 20 of 2023 is discussed in this article. In this article, a review of this statute is used to investigate essential aspects of the enforcement of disciplinary sanctions against civil officials. These features include the procedures that must be executed. subsequently, the categories of infractions that may be subject to disciplinary sanctions, as well as the sanctions that may be applied during the course of the violation. In order to maintain discipline and integrity in the work environment of civil servants, as well as to enforce applicable legal restrictions, it is essential to have the notion of implementing disciplinary consequences. Within the context of this discussion, this article also addresses the difficulties that may be encountered when enforcing disciplinary sanctions, as well as the efforts that are being made to improve the efficiency of the system that is used to enforce disciplinary sanctions. In the hopes of achieving a more professional, transparent, and accountable working environment among public officials, it is believed that a more in-depth understanding of the notion of imposing disciplinary sanctions would be attained
Legal Analysis of the Implementation Process of Simultaneous Village Head Elections In East Lombok Based on The Stipulations of Law Number 6 of 2014 Ihsan, Khaerul; Jiwantara, Firzhal Arzhi; Hasanah, Siti
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.v23i3.4813

Abstract

Based on the terms of Act No. 6 of 2014 on the village, this study focuses at the implementation stage of the election of a village chief in the eastern Lombok district. The purpose of this study is to examine the legal processes that must be followed in order to choose a village chief and how these rules are actually implemented in the field. This research combines literary studies, legislative-legislative techniques, and normative jurisprudential procedures. The study's findings demonstrated that the East Lombok district's simultaneous head of village election has been conducted in accordance with the procedures outlined in Act No. 6 of 2014, which include the stages of preparation, candidate registration, campaigning, voting, tabulating votes, and determining the election's outcome. Nonetheless, there are several implementation roadblocks that must be overcome, like the public's poor socialisation of legislation and technical issues with the voting procedure. In order to make future improvements to the village chief election system, this article recommends increased socialisation, training for the election committee, and continuous evaluation.
Imposition Of Criminal Sanctions for Minor Criminal Actions of Theft (A Case On Judgement Number 826/Pid.B/2023/Pn.Mtr) Mandasari, Santi; Harun, Rina Rohayu; Jiwantara, Firzhal Arzhi; Septyanun, Nurjannah
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.v23i3.4825

Abstract

The imposition of criminal sanctions for minor criminal actions, such as theft, presents a complex and multifaceted challenge for legal systems worldwide. This study examines the imposition of criminal sanctions for minor theft offenses, with a specific focus on the case adjudicated under Judgment Number 826/Pid.B/2023/Pn.Mtr. The research aims to analyze the legal reasoning behind the court's decision, the proportionality of the sanctions imposed, and the broader implications for the criminal justice system. Utilizing a qualitative approach, this study involves a detailed case analysis, reviewing court documents, and interviews with legal experts. Findings indicate that while the court adhered to statutory guidelines, there were significant considerations regarding the socio-economic background of the offender and the value of the stolen property. The study concludes that although the sanctions imposed were within legal parameters, there is a need for a more nuanced approach that considers restorative justice principles. This research contributes to the ongoing discourse on criminal justice reform, particularly concerning minor offenses, and advocates for policy adjustments that balance deterrence with rehabilitation.
The Interpretation of Article 127 of Law Number 35 of 2009 on Narcotics in Addressing Drug Abuse through Restorative Justice Wardika, Made; Harun, Rina Rohayu; Jiwantara, Firzhal Arzhi
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.v23i3.4890

Abstract

Narcotics crime refers to a range of illegal activities involving the distribution, purchase, sale, possession, and abuse of drugs without proper authorisation. These activities cause harm to both the broader community and the individuals involved. Restorative Justice has emerged as a response. Its primary focus is to resolve cases involving drug abusers who are addicted to narcotics. In addition to Restorative Justice, there is an alternative for rehabilitating narcotics abusers through the involvement of police investigators, the prosecutor's office, or decisions made by judges. The purpose of this study is to analyse the relationship between the interpretation and execution of Article 127 of Law No. 35 on Narcotics and Restorative Justice, based on literal interpretation. Based on the analyses, the enforcement of Article 127 of Law No. 35 of 2009 on Narcotics, which focuses on Restorative Justice, has been supported by multiple regulations. However, the law's implementation has not aligned with expected standards and legislation, leading to ambiguity in Article 112 and Article 127. This ambiguity creates opportunities for unscrupulous law enforcement to make illicit gains, increasing the incidence of drug-related offenses. The author proposes an immediate revision of Law No. 35 of 2009 concerning Narcotics due to the ambiguity in the law's article parts and the current legal framework's inability to effectively curb opioid misuse.
Dialectical relationship between law, constitutional law approach, and political economy in phenomenon of sharia economy driving MSMEs and halal industry: A literature review Hasanah, Siti; Jiwantara, Firzhal Arzhi; Putra, Bayu Karunia
Ex Aequo Et Bono Journal Of Law Vol. 3 No. 2: (January) 2026
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v3i2.2026.2555

Abstract

Background: The development of Sharia economy in Indonesia has increasingly influenced the growth of micro, small, and medium enterprises (MSMEs) and the halal industry, particularly in Mataram City, West Nusa Tenggara. This phenomenon raises questions about the interplay between legal frameworks, constitutional law approaches, and political economy in shaping sustainable economic development. Methods: This study employs a qualitative literature review, analyzing scholarly articles, government reports, and policy documents related to Sharia economy, MSMEs, halal industry, and Indonesian constitutional and economic law. The aim is to understand how legal and political-economic perspectives interact in promoting economic initiatives rooted in Islamic principles. Findings: The analysis reveals that the integration of legal and constitutional approaches with political economy provides a comprehensive framework for understanding the growth of Sharia-based economic activities. In Mataram City, West Nusa Tenggara, MSMEs and halal industries thrive through supportive legal frameworks, government policies, and community-based initiatives that align with Islamic economic principles. This synergy demonstrates the dialectical relationship between law, politics, and economic practices in fostering inclusive and ethically grounded economic development. Conclusion: The study concludes that legal, constitutional, and political-economic integration is essential for promoting Sharia economy as a driver of MSMEs and halal industry, ensuring both compliance with Islamic principles and sustainable regional economic growth. Novelty/Originality of this article: This research offers a unique interdisciplinary perspective by combining constitutional law, political economy, and Sharia economic principles to reinterpret economic development in Mataram City, West Nusa Tenggara, highlighting the practical and theoretical implications of legally and ethically grounded economic policies.
Pentahelix approach in collaborative governance of social services and MSMEs in economic zone: A literature review from perspective of administrative law Jiwantara, Firzhal Arzhi; Putra, Bayu Karunia
Green Governance: Exploring Politics, Social Justice, and the Environment Vol. 3 No. 1: (February) 2026
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/gg.v3i1.2026.2549

Abstract

Background: The development of the Gresik Regency Special Economic Zone (SEZ) in East Java has highlighted the need for integrated and collaborative governance in managing social services and supporting micro, small, and medium enterprises (MSMEs). Traditional top-down approaches in public administration have often limited stakeholder participation, while complex socio-economic challenges demand a multi-stakeholder strategy. The Pentahelix approach, which engages government, academia, industry, community, and media, offers a framework to enhance collaborative governance within the context of Indonesian administrative law. Methods: This study employs a systematic literature review of national and international journals, policy documents, and legal literature relevant to collaborative governance, MSME development, social services, and the Pentahelix model. A qualitative-descriptive approach is applied to identify patterns, opportunities, and constraints in implementing Pentahelix-based governance in SEZ contexts. Findings: The literature indicates that the Pentahelix approach facilitates multi-stakeholder coordination, transparency, and accountability in social service delivery and MSME support. In the Gresik Regency SEZ, collaboration among government agencies, local communities, academic institutions, private sectors, and media has shown potential in fostering inclusive economic development. However, challenges persist, including regulatory gaps, limited legal frameworks for stakeholder integration, and disparities in institutional capacities. Conclusion: The Pentahelix approach can strengthen collaborative governance in SEZs, aligning with principles of administrative law by promoting participatory decision-making, efficiency, and accountability. Effective implementation requires legal and institutional reforms to ensure sustainable coordination among diverse stakeholders. Novelty/Originality of this article: This article contributes conceptually by integrating the Pentahelix model with administrative law perspectives, offering a novel framework for understanding collaborative governance in Indonesian SEZs. It provides an interdisciplinary approach that combines legal, social, and economic considerations, which has been rarely explored in the literature on SEZ management and MSME development.
Co-Authors Abd Rahman Abdul Hafid Abi Harun Arroisi Ady Supryadi Afrihadi, Faisal Agustinus F. Paskalino Dadi Alpan Hadi Arief Fahmi Lubis Asmuni Asmuni Baiq Silvia Yustiari Baiq Silvia Yustiari Baiq Silvia Yustiari Burhanuddin Burhanuddin Dani Elfah Dewanti, Yuvana Dewi Komalasari Dewi, Anies Prima Edy Sony Efendi Kusnandar Ernesta Arita Ari Erwin, Yulias Fadil, Lalu Muhammad Fikri, Zainul Gede Harimbawa Guntur Ilman Putra Guntur Ilman Putra Hani Usmandani Haq, Hilman Syarial Hasanah , Siti Hasyim, Hafid Heri Budianto Herlambang, Rudy Husni, Muhamad Idhar Idhar Idhar, Idhar Ihsan, Khaerul Ikang Satrya Medyantara Imalah Imran Imran Inka Nusamuda Pratama Johny Koynja Jumawal, Jumawal Kaspul Hadi Khaerul Ihsan Kukoh Iqbal Kusnandar, Efendi Lalu Rakhmat Suryaningrat Lukman Lukman Lukman LUKMAN, LUKMAN M. Dawud Rizkyandi Muhaemin Muhaemin Muhammad Padil Akbar Mukhlishin, Mukhlishin Nasaruddin Nasaruddin Nasaruddin Nasution Nasution Nasution Nasution Nurdin Nurdin Nurjannah S Nyiayu Arma Nurlailiy Nyiayu Arma Nurlailiy Primasari, Shinta Putra, Bayu Karunia Putra, Guntur Ilman Putra, Irman Ridwan, Ridwan Rizan, Lalu Samsu Rohayu H, Rina Rossi Maunofa Widayat S, Nurjannah Sahlan Sahlan Sahrul, Sahrul Sakaki Sakaki Salahudin Salahudin Salahudin Salahudin Samsul Hadi Santi Mandasari Sarip Sarip Shinta Primasari Siti Hasanah Siti Hasanah Siti Hasanah Siti Hasanah Siti HasanahSiti Hasanah Sri Solehah Suhaep Ashady Suhartono Suhartono Suyadi Suyadi Syafruddin Syafruddin Syamsuddin Syamsuddin Syamsuddin Taufiqurrahman Taufiqurrahman Taufiqurrahman Taufiqurrahman Tauhid, Tauhid Ufran Ufran, Ufran Usman Munir Wardika, Made Wijatono, Setia Yogi Hadi Ismanto