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All Journal Jurnal Civics: Media Kajian Kewarganegaraan Dinamika Hukum Masalah-Masalah Hukum LAW REFORM DE JURE JURNAL LITIGASI (e-Journal) Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Wawasan Yuridika Substantive Justice International Journal of Law Jambe Law Journal Legal Standing : Jurnal Ilmu Hukum Unes Law Review Jambura Law Review ADLIYA: Jurnal Hukum dan Kemanusiaan PROGRESIF: Jurnal Hukum Pagaruyuang Law Journal Journal of Law Science Pena Justisia: Media Komunikasi dan Kajian Hukum Cepalo SIGn Jurnal Hukum Mulawarman Law Review AL-Ishlah : Jurnal Ilmiah Hukum International Journal of Law and Public Policy (IJLAPP) LEGAL BRIEF Journal of Judicial Review Hukum Responsif : Jurnal Ilmiah Fakultas Hukum Universitas Swadaya Gunung Jati Cirebon RIO LAW JURNAL Jurnal Hukum Malahayati AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW Suloh : Jurnal Fakultas Hukum Universitas Malikussaleh Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Audi Et AP : Jurnal Penelitian Hukum JUSTICIA SAINS: Jurnal Ilmu Hukum Journal of Law, Poliitic and Humanities Trunojoyo Law Review Supremasi Hukum: Jurnal Kajian Ilmu Hukum Jurnal Ilmiah Hukum dan Hak Asasi Manusia Jurnal Sosial dan Sains Jurnal Smart Hukum (JSH) SmartComp Hakamain: Journal of Sharia and Law Studies Integralistik "Indonesian Journal of Environmental Law and Sustainable Development " JILS (Journal of Indonesian Legal Studies)
Firdaus Arifin, Firdaus
Unknown Affiliation
Religion Humanities Astronomy Computer Science & IT Education Electrical & Electronics Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Library & Information Science Physics Public Health Social Sciences

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Indonesia's identity politics and populism: Disruption to national cohesion Arifin, Firdaus; Tedjabuwana, Rosa; Wiyono, Subelo; Abdullah, Mohd. Kamarulnizam Bin
Jurnal Civics: Media Kajian Kewarganegaraan Vol. 22 No. 1 (2025)
Publisher : Universitas Negeri Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The principle of unity in diversity in Indonesia is increasingly challenged by the rise of identity politics and populism. These dynamics emerge as a confluence of pragmatic political strategies and the mobilisation of sectarian groups, often leveraging religious and ethnic sentiments during election campaigns. While effective in garnering popular support, such tactics undermine national unity and social cohesion, serving as a shortcut to power at the cost of societal harmony. This issue is particularly pronounced in district head elections, where the politicisation of tribal, religious, racial, and inter-community identities has become pervasive. These elections, intended to reflect democratic principles, are frequently overshadowed by divisive identity-based politics. This paper examines how identity politics and populism significantly threaten social cohesion, especially during general elections. Employing a normative research methodology, it analyses legal norms and ethical theories to argue against the use of identity politics and populism at any level of political campaigns. The findings reveal that practical politics in Indonesia often relies on these divisive strategies for electoral success, exacerbating pre-existing societal tensions. The paper posits that identity politics can be overcome with reinterpreting it and referring to Pancasila as a principle to attain better policy.
Pengawasan Preventif Melalui Harmonisasi Pembentukan Peraturan Daerah Terhadap Eksistensi Regulasi Muatan Lokal Dalam Otonomi Daerah Arifin, Firdaus; Maarif, Ihsanul
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol. 18 No. 2 (2024): ADLIYA: Jurnal Hukum dan Kemanusiaan
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v18i2.38459

Abstract

The harmonization process in the formation of regional regulations in Indonesia is designed to ensure alignment between local regulations and national law. However, the centralistic approach often adopted in this harmonization process tends to limit the flexibility of local governments in formulating regulations that suit local needs. This issue raises concerns that the constitutionally granted authority of local governments to create localized regulations may be eroded. This study aims to analyze the impact of a centralistic harmonization approach on the effectiveness of regional autonomy, particularly in the context of local regulation. Using a normative juridical method with a descriptive-analytical approach, this research evaluates legislation, legal documents, and related literature to understand the implications of harmonization on local regulations. The findings indicate that overly centralistic harmonization can hinder innovation and adaptation of local regulations, reducing the capacity of local governments to respond to the needs of their communities. These findings emphasize the need for a more flexible and inclusive harmonization procedure to ensure that local regulations can still function effectively within the national legal framework. The implications of this study suggest that a more balanced approach between centralization and decentralization is necessary to maintain sustainable, adaptive, and responsive regional autonomy.
Reforming Indonesia’s Electoral System: Legal and Policy Considerations Arifin, Firdaus; Maarif, Ihsanul; Bunyamin, Bunyamin; Bahri, Robi Asadul; Murbani, Anastasia Wahyu
Jambe Law Journal Vol. 8 No. 1 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v8i1.501

Abstract

The regulatory fragmentation between the Election Law and the Regional Election Law has created overlapping policies, misaligned oversight, and administrative inefficiencies that undermine the legitimacy of democracy in Indonesia. This study aims to analyze the legal and policy challenges in integrating the electoral and regional election systems to improve efficiency, transparency, and accountability in democratic governance. The research employs a normative legal approach through legislative analysis, conceptual exploration, and comparative studies of integrated electoral systems in the Philippines and Mexico. The findings indicate that integrating electoral and regional election systems can reduce operational costs, strengthen oversight mechanisms, and enhance public trust in election outcomes. However, this requires regulatory harmonization, the strengthening of information technology infrastructure, and capacity-building for electoral management bodies. The implications of this research include recommendations for holistic legal reforms to align election regulations and the implementation of evidence-based policies involving various stakeholders in the policymaking process. This study contributes to constitutional law and democratic governance in Indonesia by analyzing the legal inconsistencies between the Election Law and the Regional Election Law and proposing a harmonization framework to improve regulatory coherence and institutional effectiveness
Sustainability of National Development Program During Transition of Leadership In Indonesia Arifin, Firdaus
Jurnal Wawasan Yuridika Vol 8 No 1 (2024): 2024
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v8i1.4319

Abstract

The sustainability of national development programs in Indonesia is often hindered by leadership transitions, which create uncertainty in the implementation of long-term policies. This study aims to analyze the weaknesses of the existing legal framework, particularly Law No. 59 of 2024 concerning the National Long-Term Development Plan (RPJPN), in ensuring the continuity of development programs amidst political dynamics. A normative approach with qualitative juridical analysis was employed, examining relevant legislation and literature. The findings reveal that the current legal framework needs to be more robust to protect strategic programs from policy changes caused by government transitions. Additionally, the lack of flexibility within the legal instruments makes it difficult to adapt to political changes. This study recommends more responsive and adaptive legal reforms and enhances synergy between central and regional governments to ensure policy stability. These findings contribute to the theoretical development of development law and have practical implications for policymakers in Indonesia, particularly in designing a more robust and stable legal framework to support long-term development.
Position and Authority of the Constitutional Court as a Guardian of the Constitution Arifin, Firdaus
Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i5.630

Abstract

The provisions of Article 24C of the 1945 Constitution have given the Constitutional Court the authority of the Constitutional Court as an institution that resolves cases related to the Indonesian constitution, which makes the Constitutional Court a guardian of the constitution. A special feature of the Constitutional Court is the authority to conduct judicial review. The role of the Constitutional Court as a guardian of the constitution is seen as incomplete because there is no regulation of constitutional questions. This research is a normative juridical research with a statutory approach and a conceptual approach, secondary data is obtained through a library study and then analyzed qualitatively juridically. The results of the study state that the Constitutional Court as the guardian of the constitution is positioned as a constitutional state organ with the philosophical basis of the authority of the Constitutional Court based on substantive justice. The realization of the Constitutional Court as a guardian of the constitution will be sharper if there is a constitutional question mechanism. Therefore, it is necessary to change the legal basis related to the authority of the Constitutional Court which includes the constitutional question as the authority of the Constitutional Court.
Hybrid Dispute Resolution in Administrative Law: Toward an Integrated Model for Government Conflict Management Subrata, Rusli; Arifin, Firdaus; Maarif, Ihsanul
Journal of Judicial Review Vol. 27 No. 1 (2025): June 2025
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v27i1.10462

Abstract

The increasing complexity of citizen–government interactions in administrative law has revealed the limitations of litigation-based dispute resolution, which is often criticized for its rigidity, inefficiency, and lack of procedural inclusiveness. This study aimed to develop a conceptual model of Hybrid Dispute Resolution (HDR) that integrates judicial procedures with alternative dispute resolution (ADR) mechanisms to enhance fairness, participation, and institutional responsiveness in resolving administrative disputes. A normative juridical method was employed, incorporating statutory, conceptual, and comparative approaches. Legal frameworks and institutional practices in Singapore, China, and Poland were examined to identify key elements for HDR adaptation within the context of Indonesian administrative law. These findings indicate that HDR, particularly through models such as Med-Arb and Arb-Med, can effectively combine the legal certainty of litigation with the flexibility and participatory benefits of ADR. However, successful implementation requires a robust legal framework, trained mediators, institutional readiness, and public accountability mechanisms. HDR not only provides procedural alternatives but also contributes to the democratization of public administration by enabling citizens to directly engage with the state in resolving disputes. This reflects a paradigm shift toward more adaptive and humanistic governance. The HDR offers a viable framework for reforming administrative dispute resolution systems, with broad implications for access to justice, regulatory innovation, and the enhancement of citizen–state relations in democratic governance.
Digital Behaviorism among Muslim Communities on Social Media from the Perspective of Islamic Law Arifin, Firdaus; Fadly, Deni; Akhiar, Habibul; Majasius, Damarkunsi; Rahmadhani , Sri
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): January-June 2025
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1360

Abstract

This study aims to analyze the transformation of Islamic law in response to the growing influence of digital behaviorism within modern Muslim communities, particularly through behavioral patterns observed on social media platforms such as Facebook and X (formerly Twitter). Digital behaviorism, rooted in classical behaviorist theories of Watson and Skinner, interprets human actions as stimulus-response mechanisms. In the digital era, this concept has evolved into data-driven models powered by algorithms that track, predict, and influence user behavior. Using a qualitative approach enhanced by big data analysis, this research collects and examines digital user interactions through sentiment analysis, metadata tracking, and keyword mapping related to religious expressions, ethical judgments, and social engagement. The findings show that digital behaviorism reduces human conduct to observable patterns and external stimuli, excluding key Islamic legal concepts such as niyyah (intention), ikhtiyar (free will), and taklif (moral responsibility). This creates a fundamental epistemological conflict with Islamic law, which views human beings as spiritual and moral agents accountable to divine guidance. The study concludes that while digital behaviorism provides useful insights for understanding contemporary social behavior, it cannot be used as a foundational framework for Islamic legal reasoning. Instead, it should serve as a supplementary analytical tool that supports a broader, value-based legal framework rooted in the objectives of Islamic law (maqasid al-shariah). The academic contribution of this research lies in its proposal for an integrative model that bridges modern behavioral science and Islamic jurisprudence, offering a responsive and ethically grounded legal approach in the digital age.
From Cultural Heritage to Ethical Obligations: Rethinking Animal Shows in Jurisprudence Tedjabuwana, Rosa; Arifin, Firdaus; Adriansyah, Rian Nurul
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 1 (2025): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v10i1.4055

Abstract

This paper explores the tension between the preservation of cultural heritage and the growing ethical obligations toward animal welfare, with a focus on animal shows as a site of conflict. Rooted in longstanding traditions, animal shows often carry significant cultural and historical value, serving as expressions of communal identity and continuity. However, they also raise profound ethical concerns regarding the treatment and welfare of animals, particularly when practices involve cruelty or exploitation for human entertainment. Adopting a jurisprudential perspective, the paper critically examines how legal systems navigate this tension. It analyses the extent to which laws accommodate cultural traditions while addressing moral imperatives to protect sentient beings. Through case studies from various jurisdictions, the study evaluates legal frameworks that attempt to balance cultural relativism with universal principles of animal rights. Drawing on theories of legal pluralism, cultural relativism, and utilitarian ethics—particularly Peter Singer’s principle of equal consideration—the paper interrogates the adequacy of existing regulatory mechanisms and the moral underpinnings of legal decisions. The analysis culminates in a call for rethinking jurisprudential approaches to animal shows, advocating for legal reforms that harmonize cultural preservation with ethical progress. By proposing pathways for integrating cultural sensitivity with animal welfare protections, this paper seeks to contribute to a more compassionate and equitable legal landscape that respects both human heritage and nonhuman sentience
Environment as a Legal Subject in the Reconstruction of Indonesia’s Environmental Law Fernando, Zico Junius; Sinaga, Lestari; Iskandar, Iskandar; Mardin, Nurhayati; Arifin, Firdaus
Indonesian Journal of Environmental Law and Sustainable Development Vol. 4 No. 1 (2025): January-June, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v4i1.20146

Abstract

This study aims to analyze the new paradigm of recognizing the environment as a legal subject within Indonesia's legal system and its implications for environmental law enforcement. Driven by the increasingly complex environmental crisis caused by natural resource exploitation, environmental degradation, and climate change, this paradigm introduces an eco-centric approach and the theory of biocentric justice. The concept acknowledges the environment as a legal entity with intrinsic rights to exist, develop, and be restored when damaged. The research employs a normative approach with qualitative analysis methods and comparative studies of countries such as Ecuador, Bolivia, New Zealand and India which have implemented the recognition of the environment as a legal subject. The findings indicate that recognizing the environment as a legal subject in Indonesia requires comprehensive legal reforms, including constitutional amendments, the enactment of specific laws on environmental rights, strengthening law enforcement institutions, and empowering communities. This recognition is expected to enhance environmental law enforcement, establish ecological justice, and promote sustainable development. Therefore, this paradigm not only serves as a solution to the environmental crisis but also reflects Indonesia's commitment to Pancasila values and the sustainability of future generations.  
Legal and Constitutional Gaps in Strategic Environmental Assessment: Between Formality and Substantive Environmental Protection in Indonesia Arifin, Firdaus; Rahayu, Mella Ismelina Farma; Maarif, Ihsanul; Susanto, Anthon F; Murbani, Anastasia Wahyu
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 2 (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.v13i2.1698

Abstract

The Indonesian Strategic Environmental Assessment (SEA) is governed by Law No. 32 of 2009 on Protection and Management of the Environment. However, the implementation of Strategic Environmental Assessment still faces significant challenges, especially in fulfilling the constitutional rights of citizens to a healthy and sustainable environment. The misalignment between Strategic Environmental Assessment (SEA) practices and constitutional principles, particularly regarding transparency, public participation, and environmental justice, has contributed to violations of environmental rights and the perpetuation of social injustice in the development processes. This study aims to analyze the constitutionality of SEA’s application in the context of sustainable development in Indonesia. This study uses a normative legal method with legislative, conceptual, and comparative approaches. The research results indicate that the implementation of SEA is still inconsistent with the Constitution, particularly in protecting environmental rights. Weakness of oversight and the lack of sanctions for violations of the Environmental Impact Assessment are the main obstacles to its implementation. This study has implications for the need for reforms in law enforcement, strengthening of oversight, and increasing community participation in the SEA process to ensure environmental protection and citizens’ constitutional rights.
Co-Authors Abdullah, Mohd Kamarulnizam Abdullah, Mohd. Kamarulnizam Bin Adriansyah, Rian Nurul Akhiar, Habibul Aswata, I Gede Pantja Bunyamin Bunyamin Eko Nuriyatman Fadly, Deni Fernando, Zico Junius I Gde Pantja Astawa Ihsanul Maarif, Ihsanul Iskandar Iskandar Kwarteng, Abdul Hamid Maarif, Ihsanul Majasius, Damarkunsi Md. Nor, Mohd Zakhiri Mella Ismelina Farma Rahayu Mohammad Humam Murbani, Anastasia Wahyu Nurhayati Mardin Permana, Fikri Chandra Prihartanto, Yudi Qutieshat, Enas Rahmadhani , Sri Ramadhani, Susi Robi Assadul Bahri Rusli Subrata Saraya, Sitta Sari Gustriani, Wulan Sayid Muhammad Rifqi Noval Sinaga, Lestari Sudirman SItepu Sueni, Annisa Sabilla Sugiarti, Taty Sulastri, Dewi Suryana, Cece Susanto, Anthon F Syamsir Syamsir Taufiq Abidin, Taufiq Tedjabuwana, Rosa Uu Nurul Huda, Uu Nurul Yeti Kurniati Zulaika, Almira Novia