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All Journal Jurnal Civics: Media Kajian Kewarganegaraan Dinamika Hukum Masalah-Masalah Hukum LAW REFORM DE JURE 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 JURNAL ILMIAH ADVOKASI Cepalo SIGn Jurnal Hukum Khazanah Hukum Mulawarman Law Review International Journal of Law and Public Policy (IJLAPP) Jurnal Hukum Lex Generalis Journal of Judicial Review Hukum Responsif : Jurnal Ilmiah Fakultas Hukum Universitas Swadaya Gunung Jati Cirebon RIO LAW JURNAL Jurnal Hukum Malahayati 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 Supremasi Hukum: Jurnal Kajian Ilmu Hukum Jurnal Ilmiah Hukum dan Hak Asasi Manusia Jurnal Sosial dan Sains Kanun: Jurnal Ilmu Hukum LAWPASS Hakamain: Journal of Sharia and Law Studies "Indonesian Journal of Environmental Law and Sustainable Development " JILS (Journal of Indonesian Legal Studies)
Firdaus Arifin, Firdaus
Unknown Affiliation
Religion Humanities Astronomy Education Environmental Science Law, Crime, Criminology & Criminal Justice Library & Information Science Physics Public Health Social Sciences

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Kedudukan Naskah Akademis Dalam Perumusan Peraturan Daerah Menurut Undang-Undang Pembentukan Peraturan Perundang-Undangan Arifin, Firdaus
Jurnal Hukum Lex Generalis Vol 5 No 8 (2024): Tema Hukum Pemerintahan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i8.490

Abstract

The process of forming regulations is often not in line with existing theories. Based on Article 56 paragraph (2) of Law Number 12 of 2011, it basically states that Regional Regulations need to be accompanied by information and/or Academic Papers. This can raise doubts about the position and importance of Academic Manuscripts in the preparation of the Draft Regional Regulations. The results of the study state that the position of the Academic Manuscript in the formulation process of the current Regional Regulation formation is a mandatory requirement to provide a scientific basis to support data-based decision-making and objective analysis for the making of Regional Regulations that reflect community participation. After the promulgation of Law Number 13 of 2022, the preparation of Academic Manuscripts not only applies normative juridical and empirical juridical methods, but should also be accompanied by an impact analysis method from the presence of Regional Regulations that are being prepared through the RIA and ROCCIPI methods.
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): 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.
Institutional Configuration and Competence of the Special Judiciary for Regional Election Disputes: A Comparative Study and Prospects for Implementation Arifin, Firdaus; Maarif, Ihsanul; Suryana, Cece; Sugiarti, Taty; Murbani, Anastasia Wahyu
Jambura Law Review VOLUME 7 NO. 2 JULY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i2.30949

Abstract

The dispute resolution system for Regional Head Elections in Indonesia continues to face challenges related to fragmented authority, inconsistencies in judicial decisions, and procedural limitations, which may lead to legal uncertainty and undermine the legitimacy of election outcomes. This study aims to explore the weaknesses of the existing system and propose a more effective institutional model for resolving Pilkada disputes. Employing a normative legal approach with a comparative study method, this research analyzes electoral judicial systems in Mexico, the Philippines, and Germany to identify institutional principles that can be adapted to the Indonesian legal framework. Additionally, this study examines the national legal framework, including Constitutional Court rulings on Pilkada dispute resolution, to assess the effectiveness and limitations of the current mechanisms. The findings indicate that Indonesia’s Pilkada dispute resolution system still suffers from overlapping jurisdiction among institutions, inconsistencies in judicial rulings, and delays in dispute resolution processes. Comparative analysis suggests that a more integrated system, is more effective in ensuring legal certainty and judicial independence. Therefore, this study recommends the establishment of a specialized judicial body for Pilkada disputes, endowed with exclusive jurisdiction, institutional independence, and a transparent and expedited dispute resolution process. The implications of this research highlight that institutional reform in Pilkada dispute resolution is crucial for enhancing public trust in the electoral judicial system, strengthening electoral democracy, and upholding the rule of law in Indonesia’s  Regional Head Elections  process.
DISSEMINATION OF COMMUNISM/MARXISM-LENINISM AS POLITICAL OFFENSE IN INDONESIAN: NATIONAL SECURITY PROTECTION OR ACADEMIC FREEDOM THREAT Fernando, Zico Junius; Arifin, Firdaus; Sitepu, Sudirman
Masalah-Masalah Hukum Vol 54, No 2 (2025): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.54.2.2025.115-135

Abstract

This study examines Indonesia’s historical relationship with Communism and Marxism-Leninism, ideologies linked to the Madiun Rebellion of 1948 and the 1965 attempted coup. Despite the collapse of the Soviet Union and the global decline of Communist influence, legal provisions criminalizing the dissemination of Communism under the Indonesian Penal Code remain, raising concerns about academic freedom. These laws potentially restrict scholarly discussions and research, particularly concerning the 1965 events, both in academic settings and digital platforms. Using doctrinal legal research and comparative insights from Germany and Hungary, this study concludes that criminalizing Communist dissemination is no longer appropriate in Indonesia's current socio-political context. Legal protections should instead focus on safeguarding public interest and the rights of those affected by the 1965 events. Moreover, the vague formulation of Articles 188 and 189 of the Indonesian Penal Code poses a threat to academic freedom. The research suggests that policymakers reconsider these legal provisions and develop a clearer, more precise definition of “clear and present danger” to balance national security concerns with academic freedom. This study contributes to the debate on legal reform, highlighting the need for an updated approach that allows open academic discourse while respecting the rights of those affected by historical events.
The Constitutionality of E-Voting in the Transformation of Digital Democracy: A Normative Analysis and Implications for Electoral Legitimacy Arifin, Firdaus; Maarif, Ihsanul; Suryana, Cece; Permana, Fikri Chandra; Murbani, Anastasia Wahyu
Journal of Indonesian Legal Studies Vol. 10 No. 1 (2025): Legal Transformation and Policy Challenges in Indonesia: Navigating Technology
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i1.21193

Abstract

Digital technology has changed many parts of life, including how democracies and elections work. Electronic voting, or E-Voting, is a new idea that could make elections better and more open for everyone. But Indonesia still has big problems with putting it into practice. These problems involve legal issues, technical difficulties, and whether people trust elections that use technology. This study looks at if E-Voting fits Indonesia's constitution, what the main problems are, and what other countries do that Indonesia could use. This research uses legal analysis, comparing different systems, and looking at ideas about democratic rules. The results show that Indonesia does not have clear rules for digital elections. This causes problems with legal certainty and could lead to arguments about election results. Also, online security risks and differences in how well people understand technology are important things that could affect how well E-Voting works. The study also found that countries like Estonia, Switzerland, and Brazil have used E-Voting well. They did this by using strong digital checks, strict rules, and independent groups to watch over the process. This study suggests that E-Voting could make Indonesia's democracy more modern. However, it must be put in place slowly, with good rules, and with programs to teach people about digital technology. So, changing laws, making online security better, and teaching voters are important steps. These steps will help make sure that changing to digital elections supports democratic ideas, fair elections, and the power of the people.
Perkembangan Ilmu Hukum Tata Negara Dalam Perspektif Demokrasi dan Rule of Law di Indonesia Sari Gustriani, Wulan; Aswata, I Gede Pantja; Arifin, Firdaus; Noval , Sayid Mohammad Rifqi
Jurnal sosial dan sains Vol. 5 No. 9 (2025): Jurnal Sosial dan Sains
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/jurnalsosains.v5i9.32494

Abstract

This study examines the development of Constitutional Law in Indonesia from the perspective of democracy and the rule of law using a normative legal research method. The evolution of Indonesia’s constitutional system since independence reveals close ties with the dynamics of democracy, ranging from the early parliamentary system, guided democracy, and the authoritarian New Order, to the constitutional reforms that strengthened checks and balances. The application of the rule of law affirms the constitution as the highest norm and a substantive instrument of democracy, although in practice it still faces challenges such as weak law enforcement, political intervention, and a lack of legal culture. The findings confirm that Constitutional Law in Indonesia is never static but continually evolves according to political configurations, social dynamics, and historical needs. The study highlights the importance of consistently strengthening the rule of law to ensure constitutional law functions effectively in safeguarding justice, human rights, and democratic resilience in Indonesia.
Ambiguity and Contestation in Legal Standing Restrictions: Rethinking Public Interest and Constitutional Rights in Indonesia Arifin, Firdaus; Maarif, Ihsanul; Bahri, Robi Assadul; Suryana, Cece; Md. Nor, Mohd Zakhiri
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 2 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v8i2.13192

Abstract

In Indonesia, the rules governing that can bring a legal case to the Constitutional Court often unclear and unevenly applied. This creates challenges for individuals and communities trying to protect their constitutional rights. In this article, we take a critical look at these obstacles by examining the Court’s past decisions. We show how the current legal framework overlooks issues of collective harm and structural inequalities, particularly affecting marginalized groups. To better understand these issues, we compare Indonesia’s approach to those of India, South Africa, and the United States, seeking out more inclusive models of judicial decision-making. Our findings show that Indonesia’s focus on specific interpretations of direct and personal harm limits the judiciary’s ability to meet its constitutional responsibilities. The paper draws on insights from other countries as well as Indonesia’s own legal traditions, such as adat (customary law) and musyawarah (deliberation), to propose a more inclusive and culturally sensitive approach to legal standing. We recommend several specific reforms, including rethinking existing laws, creating clearer judicial guidelines, and providing targeted judicial training for judges to improve access to constitutional justice for everyone.
Co-Authors Abdullah, Mohd Kamarulnizam Abdullah, Mohd. Kamarulnizam Bin Adriansyah, Rian Nurul Akhiar, Habibul Aswata, I Gede Pantja Bahri, Robi Asadul Bahri, Robi Assadul Bunyamin Bunyamin Fadly, Deni Farma, Mella Ismelina Fernando, Zico Junius I Gde Pantja Astawa Iskandar Iskandar Kwarteng, Abdul Hamid Maarif, Ihsanul Majasius, Damarkunsi Md. Nor, Mohd Zakhiri Mella Ismelina Farma Rahayu Murbani, Anastasia Wahyu Noval , Sayid Mohammad Rifqi Nurhayati Mardin Permana, Fikri Chandra Prihartanto, Yudi Rahmadhani , Sri Sari Gustriani, Wulan Sinaga, Lestari Subrata, Rusli Sudirman SItepu Sugiarti, Taty Sulastri, Dewi Suryana, Cece Susanto, Anthon F Tedjabuwana, Rosa Uu Nurul Huda, Uu Nurul Yeti Kurniati