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All Journal Inklusi Journal of Disability Studies Humani (Hukum dan Masyarakat Madani) Jurnal Darma Agung Veteran Justice Journal Jurnal Hukum Legalita JUSTICIA SAINS: Jurnal Ilmu Hukum Jurnal Manajemen Pemasaran dan Perilaku Konsumen HUKMY : Jurnal Hukum Al Rikaz : Jurnal Ekonomi Syariah Jurnal Multidisiplin Indonesia Muhafadzah: Jurnal Ilmiah Bimbingan dan Konseling Islam
Abdullah Fikri, Abdullah
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Religion Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Public Health Social Sciences Veterinary Other

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Inclusive Politics For Persons With Disabilities: Gus Dur’s Experience in Building Inclusive Democracy in Indonesia Fikri, Abdullah
VJJ Vol. 3 No. 1 (2021): Veteran Justice Journal
Publisher : VJJ

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Abstract

Many believe that the reformation era of Indonesia, in the post of 1998 political upheaval, has brought Indonesia to be a democratic country, where all citizens disregard their gender, ability, ethnicity and religious status, enjoy freedom, equal right and social justice. People with disabilities is one of the groups experiencing discrimination and marginalization in Indonesia's social and political domain. While this situation continues to happen until now, the reformation era has been seen as opening the door for people with disabilities to start voicing their aspirations and enjoy wider social and political participation. Drawing from the political career of Abdurahman Wahid, widely known as Gus Dur, this paper argues that despite the promise of democracy, the position of people with disabilities in Indonesia's political context is not necessarily secure. The presidential election 1999 and 2004 followed by the 2008 election bill showed that disability was a bargaining chip for political position; it was defined differently according to the political interest of political parties. The election of Gus Dur as president in 1999 was due to the acceptance of political parties widely known as Central Poros -- as Gus Dur supporters --toward his “disability”. Such an inclusive democracy was then shattered in the 2004 election when Gud Dur's visual impairment was seen as his inability to meet the requirement of physically and mentally health (physically and mentally health), one of the eligibility for candidacy. Gus Dur was not re-elected. Such a rejection toward Gus Dur's disability lead and his team to advocate disability issue in Indonesian political policies and practices. The result is the 2008 election policy which formally stated that disability is not supposed to be seen as physical or mental condition incompatible with the criteria of physically and mentally healthy .The paper argues that democratic and political inclusion can never be achieved without the right understanding of disability, as well as the legal guarantee of political and social right of person with disability in Indonesia political sphere.
Kajian Politik Hukum Putusan Mahkamah Konstitusi Nomor 135/PUU-XXII/2024 Tentang Pemisahan Pemilihan Umum Nasional dan Lokal Suryana, Eka Pala; Kartika, Adhitya Widya; Fikri, Abdullah
Legalita Vol 7 No 2 (2025): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47637/legalita.v7i2.2094

Abstract

The Constitutional Court Decision Number 135/PUU-XXII/2024 ruled the separation of national and local elections, with the Court’s considerations emphasizing that previous electoral practices had led to excessive workloads for election organizers, political party pragmatism, the marginalization of regional development issues, institutional fatigue and casualties, as well as voter fatigue and a decline in the quality of popular sovereignty. This study examines the legal politics underlying the Constitutional Court’s decision and its juridical implications by employing both a case approach, which analyzes legal disputes in the electoral law domain, and a conceptual approach, which explores the transformation of electoral concepts. The findings demonstrate that the legal politics of Decision Number 135/PUU-XXII/2024 aim to enhance the quality of democracy, since democratic elections play a vital role in safeguarding state integrity, establishing representative institutions, and ensuring effective governance, all of which must be conducted in accordance with the general principles of democracy. Furthermore, the juridical impact of the decision highlights the urgency of strategic measures in electoral governance, particularly the need for immediate legislative revisions of the Electoral Law to guarantee voter accessibility, consolidate political parties, and rationalize the workload of election organizers, thereby providing a clear operational legal basis for the transitional period.
Program Makan Bergizi Gratis (MBG) Dalam Perspektif Konstitusionalisme Fikri, Abdullah
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 2 (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.v10i2.4576

Abstract

The Free Nutritious Meal Program (MBG) constitutes one of the national priority initiatives launched by President Prabowo Subianto in early 2025 to address malnutrition and stunting in Indonesia. Conceptually, this program represents the state’s responsibility to guarantee the right to nutritious food for all citizens. However, its implementation faces challenges such as mass poisoning incidents, limited institutional preparedness, and weak legal foundations, raising constitutional questions regarding the program’s alignment with the principles of the rule of law, good governance, and human rights protection. This study employs a normative legal method with conceptual and statutory approaches, reviewing legislation, Constitutional Court decisions, and relevant scholarly literature. A qualitative analysis was conducted by tracing norms and constitutional principles related to the right to food and state obligations. The findings indicate that MBG constitutes a manifestation of the state’s constitutional responsibility as stipulated in Articles 28A–28J of the 1945 Constitution of the Republic of Indonesia; however, strengthening its legal basis through a Government Regulation in Lieu of Law (Perppu) is necessary to ensure legal certainty and accountability, as the element of “urgent necessity” has been fulfilled. Accordingly, MBG is not merely a populist policy but also a concrete implementation of the state’s commitment to public welfare and social justice.
Co-Authors ADHITYA WIDYA KARTIKA Ahmad Solihin Aldira Mara Ditta Caesar Purwanto Jennifer, Yolanda Mabruria, Arni Masruroh, Lailatul Mujianah, Siti Qotrunnada, Eliza Rosyid, Aisyah Nanda Sulfany, Abdiilah Suryana, Eka Pala Vicky F Sanjaya Wahid, Hasan Abdul Widya Kartika, Adhitya Yakub, Rizky