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All Journal Analisis: Jurnal Studi Keislaman Brawijaya Law Journal : Journal of Legal Studies Jurnal Hukum IUS QUIA IUSTUM JURNAL MAHKAMAH Jambe Law Journal Undang: Jurnal Hukum Nagari Law Review JOURNAL EQUITABLE Legal Standing : Jurnal Ilmu Hukum Jurnal Yuridis Jurnal Abdimas Madani dan Lestari (JAMALI) Prophetic Law Review International Journal of Educational Review, Law And Social Sciences (IJERLAS) AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW Wisanggeni : Jurnal Pengabdian Masyarakat Rahmatan Lil’alamin Journal of Community Services (RLA) Staatsrecht: Jurnal Hukum Kenegaraan dan Politik Islam Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Law Journal South East Asian Journal of Advanced Law and Governance Journal Of Advance In Social Sciences And Policy
Despan Heryansyah
Fakultas Hukum, Universitas Islam Indonesia, Indonesia
Religion Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Anomali Perlindungan Kebebasan Beragama dan Berkeyakinan di Mahkamah Agung Heryansyah, Despan; Sahid Hadi
Jurnal Hukum IUS QUIA IUSTUM Vol. 31 No. 2: MEI 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol31.iss2.art9

Abstract

This study examines the considerations of the Supreme Court justices in Decision Number 17P/HUM/2021. Through the judicial review mechanism, the decision annulled the joint decision of the Minister of Education and Culture, Minister of Home Affairs, and Minister of Religious Affairs of the Republic of Indonesia which prohibited regional governments and public schools from instructing, ordering, and requiring certain religious clothing attributes for school students. In fact, the annulled decision was issued in response to, among other things, an incident of religious-based discrimination that occurred in a public school, where the school forced non-Muslim female students to wear the hijab. Based on the provisions of human rights law on freedom of religion and belief, this study focuses on analyzing the legal considerations of the Supreme Court in Decision Number 17P/HUM/2021 and shows more contextual issues from the issuance of the decision, especially in terms of the substance and administration of court decisions. Emphasizing the anomaly in the protection of freedom of religion and belief in the Supreme Court, this doctrinal research identifies a number of structural, substantial, and technical problems in the implementation of judicial review in the Supreme Court. In specific cases such as those involving aspects of freedom of religion and belief, Decision Number 17P/HUM/2021 indicates the failure of the Supreme Court to protect and respect such freedom. Behind such failure, this study also argues that the Supreme Court favours the conservative turn in religious practices and thus poses a problem in regards to th impartiality of justices in their performance.Keywords: Anomaly, Impartiality, Freedom of Religion and Belief, Conservative Turn, Supreme Court AbstrakStudi ini menelisik pertimbangan hakim Mahkamah Agung dalam Putusan Nomor 17P/HUM/2021. Melalui mekanisme judicial review, putusan tersebut membatalkan keputusan bersama Menteri Pendidikan dan Kebudayaan, Menteri Dalam Negeri, dan Menteri Agama Republik Indonesia yang melarang pemerintah daerah dan sekolah publik untuk tidak mewajibkan, memerintahkan, dan mensyaratkan atribut berpakaian agama tertentu bagi siswa-siswi sekolah. Padahal, keputusan yang dibatalkan itu diterbitkan dalam rangka merespons, antara lain, peristiwa diskriminasi berbasis agama yang terjadi di sebuah sekolah publik, yang mana sekolah memaksa siswi non muslim untuk menggunakan jilbab. Berdasar pada ketentuan hukum hak asasi manusia tentang kebebasan beragama dan berkeyakinan, studi ini difokuskan untuk menganalisis pertimbangan hukum Mahkamah Agung dalam Putusan Nomor 17P/HUM/2021 dan menunjukkan persoalan-persoalan yang lebih kontekstual dari penerbitan putusan tersebut, terutama dari segi substansi dan administrasi putusan pengadilan. Menekankan adanya anomali perlindungan kebebasan beragama dan berkeyakinan di Mahkamah Agung, penelitian doktrinal ini mengidentifikasi sejumlah persoalan struktural, substansial, dan teknis dalam implementasi judicial revew di Mahkamah Agung. Dalam kasus-kasus spesifik seperti yang melibatkan aspek kebebasan beragama dan berkeyakinan, Putusan Nomor 17P/HUM/2021 menunjukkan kegagalan Mahkamah Agung dalam melindungi, sekaligus menghormati, kebebasan tersebut. Di balik kegagalan tersebut, studi ini juga berargumen bahwa Mahkamah Agung tengah berada dalam putaran konservatif praktik keagamaan dan memiliki problem imparsialitas hakim dalam kinerjanya.Kata Kunci: Anomali, Imparsialitas, Kebebasan Beragama dan Berkeyakinan, Putaran Konservatif, Mahkamah Agung
URGENCY OF THE FIFTH AMENDMENT OF THE INDONESIAN 1945 CONSTITUTION Suparman Marzuki; Despan Heryansyah; Sahid Hadi
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 1 (2023): January
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i1.631

Abstract

This article focuses on the idea of a fifth amendment to the Indonesian constitution, namely an amendment to the UUD NRI 1945. Stressing today’s constitutional problems, which we identify as deriving from the norms in the UUD NRI 1945, this article presents the urgency of the fifth amendment and how to bring about a democratic constitution. Using a statutory and conceptual approach, this normative study identifies a number of foundational issues in the UUD NRI 1945. Thus, the fifth amendment of the constitution finds its urgency. Through this article, we encourage the fifth amendment to be conducted to present a democratic constitution, both materially and formally.
The Complexity of Village Democracy Problems in Law Number 6 of 2014 Concerning Village Heryansyah, Despan; Agustian, Tomi; Kalsum, Afif Ummi
JASSP Vol. 1 No. 2 (2021)
Publisher : LPPM Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23960/jassp.v1i2.36

Abstract

The implementation and institutionalization of democracy with the absence of substantial democratization in the lower level of community does necessarily cause a problem. What it has been becoming a culture and being embraced by people for hundred or even thousand years, would be difficult to be transformed, even though its canalization is in the form of constitution. It may work in the conceptual level yet it may find obstacles in the implementation one. This condition influences the implementation of Village Constitution. The village democracy institutionalization is the focus of this study that covers three forms, they are: the election of village head, the village head election disputes, and term of office of village head. The research method of this study is normative-juridical. The writer initially studied the juridical provisions concerning the three main problems above, and then analyzed the implementation problems in the field. The result of this research showed that the direct election of village heads, village head election disputes done by the regional head, and term of office of the village head office for six (6) years in three periods as it is written on Laws Number. 6 of 2014, causes many problems theoretically as well as philosophically. The result of this study is described descriptively and analytically in the analysis part
An Evaluation of Disability Rights Implementation in Indonesian Correctional Institutions: The Cases of LPKA (Youth Correctional Center) Tomohon and Pematang Siantar Suparman Marzuki; Despan Heryansyah
As-Siyasi: Journal of Constitutional Law Vol. 5 No. 2 (2025): 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.v52.28165

Abstract

The fulfillment of the rights of persons with disabilities has received growing attention, particularly following the enactment of Indonesia’s Law on Persons with Disabilities. In correctional settings, the Directorate General of Corrections mandated in 2020 that all Correctional Technical Implementation Units establish Disability Service Units (Unit Layanan Disabilitas/ULD) to ensure adequate reasonable accommodation for inmates with disabilities. After four years of implementation, it is necessary to evaluate how effectively these units have operated. This study aims to analyze the implementation of ULD policies in ensuring reasonable accommodation and to identify the challenges encountered in fulfilling disability rights within correctional environments. To narrow the scope, the research focuses on two institutions: LPKA Tomohon and Pematang Siantar Prison. The research employs a qualitative approach, gathering primary data through in-depth interviews and direct observation, and is supported by secondary sources from literature reviews, academic articles, books, and relevant research reports. The findings indicate that both institutions have adopted various measures, particularly to improve infrastructure and strengthen the capacity of ULD officers. However, significant challenges remain, including limited policy and budgetary support, constraints on institutional leadership capacity, and varying availability of civil society organizations across regions. These factors hinder ULDs from functioning optimally to provide accessible and inclusive correctional services. Overall, this study underscores the need for institutional strengthening and more comprehensive support to ensure that Disability Service Units can effectively safeguard the rights of persons with disabilities within correctional settings.
Constitutional Reinforcement of the Integration of Indonesian and Islamic Values Mahfud MD, Moh.; Heryansyah, Despan
Prophetic Law Review Vol. 7 No. 2 December 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol7.iss2.art2

Abstract

The importance of reaffirming the fundamental values of Indonesian arises from the emergence of issues such as radicalism, terrorism, intolerance, ethnicity, religious, racial, and intergroup-related conflicts, social and economic inequality, poor law enforcement and justice system, and many other social problems. This situation is further exacerbated by additional social, political, legal, and constitutional challenges. In addressing these issues, strengthening the rule of law based on the protection of human rights remains an imperative. However, reinforcing the fundamental values of Indonesian is equally crucial. Indonesian fundamental values are deeply rooted in and derived from the national identity of its people. This article focuses on three research questions. How to put religion and its values in the Indonesian fundamental values? How do Indonesian fundamental values deal with current political and legal turbulence? How does the implementation of Indonesian fundamental value pluralism in the legal system? This article is based on doctrinal research involving secondary data. This study found that Pancasila as the foundation of the state constitutes a modus vivendi or noble consensus, or mîtsâqon ghalîdzâ in a religious sense, so Indonesian Muslims should accept Pancasila as mîtsâqon ghalîdzâ. The strength of the national bond also stems from the commitment to the implementation of a unitary national law that is rooted in Pancasila, which generates hierarchical laws based on the 1945 Constitution of the Republic of Indonesia. As the state ideology, Pancasila constitutes the primary source of all legal sources. There should be no law conflicting with the precepts of Pancasila.
Assessing Reasonable Accommodation for Persons with Disabilities in Indonesian Prisons: A Constitutional Empirical Study Sobirin Malian; Heryansyah, Despan; Heronimus Heron
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.v61.30524

Abstract

After the promulgation of Law Number 8 of 2016 concerning Persons with Disabilities, law enforcement agencies are obliged to provide reasonable accommodation, including in Correctional Institutions. Reasonable accommodation is the concept of ensuring the rights of persons with disabilities, as introduced by the CRPD and adopted in the Law on Persons with Disabilities. These three obligations are establishing internal regulations for inclusive services, providing accessible facilities and infrastructure, and providing inclusive services. Therefore, this study builds on the IWAS case in Class IIA Correctional Institutions in West Lombok. This study uses a non-doctrinal research method and primary data from direct interviews with persons with disabilities and correctional officers. The results of this research are as follows: the Correctional Unit has issued a set of rules to serve inmates with disabilities in prisons, including in the Class IIA Prison in West Lombok, by creating a Disability Service Unit (ULD) in 2024. Second, in general, the West Lombok Prison provides facilities and infrastructure for inmates with disabilities. However, there are still small areas for improvement; for example, the guiding block has begun to deteriorate, and the toilets are narrow. Third, West Lombok Prison officers still lack the knowledge and skills to handle inmates with disabilities, because the training has been carried out online. Whereas, constitutionally based on Article 28H paragraph (2) of the 1945 Constitution of the Republic of Indonesia, the fulfillment of the rights of every citizen, especially people with disabilities, is a state obligation that must be fulfilled and protected
Intended to Fail: The Problems of Regulating and Reviewing Discretion in Indonesia (An Empirical Study) Despan Heryansyah; Desmalinda
Legal Standing : Jurnal Ilmu Hukum Vol. 10 No. 1 (2026): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v10i1.13414

Abstract

In accordance with the principle of the rule of law (rechtstaat), all legal actions (rechtshandelingen) and/or factual actions (feitelijke handelingen) of government officials must be based on applicable laws and regulations. However, the increasing complexity of societal life means that not all public affairs are fully regulated. Existing regulations often contain vague or open norms that provide room for interpretation, thereby requiring the exercise of administrative discretion. While discretion is necessary to ensure effective governance, its use without clear requirements, objectives, and limitations may lead to arbitrary actions that harm the public, particularly when there is limited legal space to challenge or annul such decisions. To address this issue, Law Number 30 of 2014 on Government Administration establishes provisions regarding the requirements, procedures, objectives, and review mechanisms for government discretion. Nevertheless, the regulatory framework still contains several ambiguities, resulting in practical difficulties and uncertainty for government officials in exercising discretion as well as for judges of the Administrative Court (PTUN) in reviewing disputed discretionary decisions.
Presenting a Human Rights Perspective in Administrative Law (Paradigm Offers and Administrative Court Reviewing) Despan Heryansyah
South East Asian Journal of Advanced Law and Governance (SEAJ-ALGov) Vol 2 No 2 (2025): Digital Society, Human Rights, and Accountability
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/seajalgov.v2i2.23314

Abstract

Human Rights have not yet become the main norm and principle in the regulation and reviewing of state administrative law in the State Administrative Court. So far, state administrative law, both at the regulatory and reviewing levels, is still identified with procedures, authorities, and orders of laws and regulations. In fact, in many ways, the products of state administrative law are very intersecting with human rights, such as the eviction of agricultural land, the takeover of housing, and so on. This research shows the opposite paradigm that state administrative law is very close and closely related to human rights, so it must be the main foothold in its regulation and reviewing. This research is a type of non-doctrinal research, using secondary data as the main study. The approaches used are the statute approach and conceptual approach. The results of the study show that theoretically, departing from the contemporary meaning of the state of law, human rights and state administrative law (as an important instrument of the state of law), become a unit that is inseparable from the meaning of the state of law itself. Meanwhile, from the juridical aspect, the interpretation of Article 28I paragraph (4) and Article 5 of the Government Administration Law, has implicitly emphasized that human rights are an inseparable part of state administration. Both as the basis for government officials/organs in carrying out government functions, and as a touchstone for State Administrative Court (PTUN) judges in adjudicating administrative cases.
Co-Authors Agustian, Tomi Alif Lukmanul Hakim Anggraeni, Novi Iswa Arifin, Kamil Alfi Aslam, Bayu Muhammad Bening Mahesti Mahanani Christopher M. Cason Desmalinda Dessy Ariani Dey, Nabhojit Dian Kus Pratiwi Didin Dwi Novianto Hadi, Sahid Harry Setya Nugraha Heronimus Heron Irawa, Khasbi Andi Kalsum, Afif Ummi Lutviah, Lutviah M. Syafi’ie Maziya , Fina Binazir Moh. Mahfud MD Muhammad Fadhly Rizky Octavio Muhammad Hidayatullah Nandang Sutrisno Ni matul Huda Pratama, Ainul Yaqin Putri Ayu Puspita Reza, Fatma Ridwan HR Sahid Hadi Sahid Hadi Sobirin Malian Suparman Marzuki, Suparman Suparto Suparto Suparyati Suparyati Syafi'ie, M.