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All Journal LAW REFORM Jurnal Media Hukum Diponegoro Law Review Jurnal IUS (Kajian Hukum dan Keadilan) Jambura Law Review Al-Adalah: Jurnal Hukum dan Politik Islam JURNAL PEMBANGUNAN HUKUM INDONESIA PAMALI: Pattimura Magister Law Review Volksgeist: Jurnal Ilmu Hukum dan Konstitusi JURIS (Jurnal Ilmiah Syariah) Al-Istinbath: Jurnal Hukum Islam International Journal of Law and Society FENOMENA: Journal of Social Science Journal of Law and Legal Reform
Mukhlis, Muhammad Mutawalli
Unknown Affiliation
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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The Dilemma of Administrative Sanctions in Legalizing Palm Oil Plantations in Indonesian Forest Areas Maskun, Maskun; Violetta, Kiky Venna; Mukhlis, Muhammad Mutawalli; Normiati, Normiati; Tajuddin, Muhammad Saleh
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 1 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

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Abstract

Indonesia’s shift from criminal to administrative sanctions in addressing illegal use of forest areas—stipulated under Articles 110A and 110B of Law No. 6 of 2023—aims to legalize approximately 3.3 million hectares of unlicensed oil palm plantations. This study evaluates the effectiveness of administrative sanctions in promoting legal compliance and environmental accountability. Employing a normative legal research method with a descriptive qualitative approach, the study examines statutory frameworks, case studies, and empirical data from the Ministry of Environment and Forestry (MoEF). Findings reveal that while administrative sanctions offer expedited enforcement and reduce judicial burdens, they risk becoming legal loopholes exploited by corporations. The limited number of sanctioned companies—only 49—and the total fines of IDR 175.5 billion are disproportionately low relative to the scale of ecological damage. Nevertheless, the research highlights the potential of a hybrid enforcement model—integrating administrative, criminal, and civil legal instruments—to enhance compliance and ecological justice. It underscores the urgency of robust oversight and the application of criminal sanctions in severe cases to uphold the constitutional right to a healthy environment.
LEGAL AND SOCIO-ECONOMIC ISSUES OF AUTOMATED ISLAMIC BANKING IN UGANDA: LESSON FROM INDONESIA Aidonojie, Paul Atagamen; Adebayo, Adesoji Kolawole; Eregbuonye, Obieshi; Mukhlis, Muhammad Mutawalli; Ibeh, Success
Diponegoro Law Review Vol 9, No 2 (2024): Diponegoro Law Review October 2024
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.9.2.2024.204-222

Abstract

The global surge in digital technology has revolutionized various sectors, including Islamic banking. While Indonesia has successfully incorporated digital automation into its Islamic banking system, Uganda's nascent Islamic banking system faces opportunities and challenges in adopting similar technologies. This study uses a hybrid research method with a conceptual approach to explore the prospects and challenges in automating Uganda's Islamic banking system by learning from Indonesia's progress. A total of 306 questionnaires were distributed to Ugandan respondents, and the data were analyzed descriptively and analytically. The findings show that automation has significantly improved the Islamic banking system in Indonesia, a model that Uganda can emulate. However, implementation in Uganda faces legal and socio-economic barriers that may affect its feasibility. This study recommends revising Uganda's legal framework to support and regulate a digitalized Islamic banking system while addressing socio-economic challenges. Ultimately, the study underscores that with the right reforms, automation can improve Uganda's Islamic banking landscape.
Disparity in Parliamentary Power in the Formation of Laws in Indonesia: Considering Proportional Bicameralism Mukhlis, Muhammad Mutawalli; Arowosaiye, Yusuf Ibrahim; Masum, Ahmad; Paidi, Zulhilmi Bin; Maskun
International Journal of Law and Society Vol 4 No 1 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i1.160

Abstract

This research aims to investigate the issues encountered by parliamentary institutions in Indonesia, focusing specifically on the disproportionate power of the first chamber the (Dewan Perwakilan Rakyat / DPR) People’s Representative Council, relative to the second chamber, the (Dewan Perwakilan Daerah / DPD) Regional Representative Council throughout the legislative process. This research presents normative-conceptual proposals for a reconstruction formula aimed at equilibrating the legislative functions of the two chambers, in alignment with the principles of balanced or robust bicameralism. This study utilises a doctrinal legal research framework, involving the analysis of primary and secondary legal sources in the literature. This study incorporates constitutional, theoretical, and statutory/normative techniques. This study applies a general qualitative descriptive analysis technique, focusing on interpreting legal texts and normative content in a structured manner to identify patterns, meanings, and implications in the legislative relationship between DPR and DPD. The research findings reveal that the legislative authority of the two chambers (DPD & DPR) in legislation making, as delineated in the 1945 Constitution of the Republic of Indonesia and statutory rules, remains disproportionate. This results from the DPD's limited authority to propose draft legislation and discuss proposals without final approval. The DPD continues to be acknowledged as a co-legislator or supplementary power in the legislative process, unlike the unrestricted authority of the DPR. Therefore, the relationship between the two chambers as representative entities must be redefined based on robust or equitable bicameralism. To execute rebuilding plans, it is essential to amend several parts of the Constitution and revise other legislative rules. The two chambers are expected to collaborate and meet the ambitions of both national and local governments to produce high-quality legal documents; however, this study is limited in scope to normative and doctrinal analysis, and further empirical research is needed to assess practical implementation.
Law Reform in Parliamentary Democratization: A Comparative Study of Legislative Terms in Indonesia, Philippines, and the United States of America Mukhlis, Muhammad Mutawalli; Hariyanto, Hariyanto; Maskun, Maskun; Tajuddin, Muhammad Saleh; Yeyeng, Andi Tenri
Journal of Law and Legal Reform Vol. 6 No. 3 (2025): July, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i3.20664

Abstract

The purpose of this study is to compare the taxation policies of legislative members’ terms of office in Indonesia with the Philippines and the United States, along with an analysis of the urgency of the legislative member’s term of office. The study methodology employed is normative legal research. The findings of the research show that the legislative member’s term of office has not been regulated in the Indonesian constitution because Law No. 17 of 2014 only regulates the length of office in one period. This is distinct to the Philippines, which establishes a term limit for legislative members, where the term of office of senate members is 6 years and may be re-elected twice, while the term of office for the House of Representatives is 3 years and can be re-elected in three terms. Meanwhile, in the United States, there is also no regulation regarding the taking of terms of office, only the term of office of legislative members in the United States is only 2 (two) years each period, while in Indonesia it is quite long, namely 5 (five) years.
Legal Reform of Wastewater Management under the Job Creation Law in Kendari City: Between Regulatory Conflict and Environmental Ethics Maskun, Maskun; Halim, Hamzah; Mukhlis, Muhammad Mutawalli; Kamaruddin, Hanim; Ratnawati, Ratnawati; Aslan, Jamal; Muchtasar, Rizal; Kapugu, Betsy Anggreni; Allo, Zet Tadung
LAW REFORM Vol 21, No 2 (2025): Law Reform
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v21i2.68417

Abstract

Prior to the implementation of the Job Creation Law, wastewater management in Indonesia was governed by the granting of liquid waste management permits. Nevertheless, the implementation of the new law has supplanted these licenses with a technical approval system that mandates adherence to wastewater quality requirements. This study aims to examine the current legal framework governing wastewater management in Indonesia and assess its execution under the Job Creation Law, with a focus on environmental sustainability. The employed methodology is a normative and empirical legal research strategy, utilizing qualitative analysis via document examination and field observation in Kendari City. The findings suggest that the new legislation encounters implementation difficulties, particularly in overseeing wastewater from home and small-scale enterprises, such as laundry services, which are predominantly unregulated. The conclusion is that the existing legal framework has not adequately integrated principles of environmental ethics, including anthropocentrism and ecocentrism. Consequently, legal reform and the establishment of ethical principles are essential to guarantee environmental preservation and foster the sustainability of ecological functions.
Harmonization between National Policy and Regional Regulations in Solid Waste Management in Indonesia: A Normative-Empirical Legal Analysis Maskun, Maskun; Naswar, Naswar; Normiati, Normiati; Mukhlis, Muhammad Mutawalli; Wiranti, Wiranti
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.v7i2.31141

Abstract

Indonesia’s solid waste management framework continues to face persistent legal and institutional challenges in harmonizing national policies with regional regulations within a decentralized governance structure. Despite the enactment of Law No. 18 of 2008 and subsequent regulatory instruments up to 2023, existing legal scholarship remains largely descriptive, focusing on compliance rather than addressing normative and institutional fragmentation particularly the misalignment between Law No. 18/2008 on Waste Management and Law No. 23/2014 on Regional Government. This study aims to fill that gap by employing a normative-empirical legal approach that combines doctrinal analysis with field-based interviews involving five key stakeholders from the Ministry of Environment and Forestry, provincial agencies, and legal experts. These structural weaknesses undermine policy coherence and highlight the limitations of relying solely on legal standardization. Drawing on decentralization theory and multi-level governance frameworks, this article offers two key contributions. First, it proposes the establishment of a National Regional Harmonization Council for Solid Waste Governance (NRHC–SWG) as a statutory mechanism to enhance vertical coordination. Second, it introduces the Multi-Level Governance Harmonization Index (MLGHI) as an evaluative model to assess coherence across normative, institutional, and operational dimensions. These prescriptive and analytical innovations aim to clarify the constitutional boundaries of regional autonomy under Article 18 of the 1945 Constitution, strengthen institutional synergy, and advance regulatory integration for sustainable solid waste governance in Indonesia.
Democratization or Extra-Constitutionalism: Ideas for Limiting the Term of Office for Chairmen of Political Parties in Indonesia Mukhlis, Muhammad Mutawalli; Tajuddin, Muhammad Saleh; Ilham, Ilham; Koharudin, Koharudin; Rahman, Abdul
Jambura Law Review VOLUME 6 NO. 2 JULY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v6i2.24116

Abstract

One aspect of the internal democratization of political parties that is not working is the lack of regeneration of political party leaders. This phenomenon presents oligarchic party practices and gives rise to a very elitist and feudalistic culture since political parties are controlled by the general chairman. This research is qualitative research with normative juridical methods using legal, conceptual, philosophical, and doctrinal approaches. This research is library research that examines and explores regulatory documents, books, journals, and other scientific works that are relevant to the topic of discussion. This article aims to provide new thinking in building internal institutions of democratic political parties. The results of data collection were analyzed in depth and then presented descriptively analytically. The conclusion of the article shows that by limiting the term of office of the general chairman of a political party, party internalization becomes more open. This idea advances party organizations that prioritize healthy competition. The terms of office need to be regulated in the political party law and do not need to be regulated in the political party's articles of association and bylaws for the sake of uniformity and legal certainty. The term of office of a political party leader is limited to 1 (one) period, namely five years, and a maximum of 2 (two) periods, namely ten years, if re-elected as general chairman at the political party conference forum and chairman election.
Investment Law in Papua: Between Regulatory Certainty and Protection of Indigenous Peoples' Rights Wamafma, Wamafma; Sasea, Enny Martha; Ekakusumawati, Enni; Mukhlis, Muhammad Mutawalli
PAMALI: Pattimura Magister Law Review Vol 5, No 3 (2025): NOVEMBER
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i3.3453

Abstract

Introduction: Investment in Papua is a strategic instrument for promoting regional development and improving community welfare. However, in practice, it often causes tension between regulatory certainty for investors and the protection of indigenous peoples' rights to land and natural resources.Purposes of the Research: This study aims to analyze the legal framework for investment in Papua, identify normative conflicts that arise between national regulations and the recognition of indigenous peoples' customary rights, and evaluate the effectiveness of existing legal instruments in ensuring legal certainty and social justice.Methods of the Research: The method used is normative legal research with legislative, conceptual, and case-based approaches.Results Main Findings of the Research: The results show that although national investment regulations have guaranteed legal certainty, their implementation in Papua still faces obstacles in the form of overlapping norms and weak implementation of indigenous peoples' rights protection. Therefore, harmonization of investment regulations with customary law is needed through an inclusive and justice-based approach, so that the interests of development and the protection of indigenous peoples can be balanced.
GUARDIAN OF THE CONSTITUTION: REVIEWING THE ROLE OF THE CONSTITUTIONAL COURT Mukhlis, Muhammad Mutawalli; Masum, Ahmad; Maskun, Maskun; Arowosaiye, Yusuf Ibrahim; Djafar, Eka Merdekawati
Diponegoro Law Review Vol 10, No 2 (2025): Diponegoro Law Review October 2025 (in progress)
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.10.2.2025.217-233

Abstract

The Constitutional Court of Indonesia is entrusted with safeguarding constitutional supremacy within Indonesia’s constitutional order, yet it does not possess the authority to review amendments to the 1945 Constitution. This institutional limitation creates a structural gap because constitutional amendments, despite their far reaching consequences, remain beyond judicial scrutiny. This study examines the constitutional feasibility of granting the Court authority to conduct procedural and substantive review of constitutional amendments. Using doctrinal legal research supported by comparative constitutional analysis, the article draws on Hans Kelsen’s theory of the hierarchy of norms and the Basic Structure Doctrine as developed in India and Germany to construct an evaluative framework suitable for the Indonesian context. The analysis demonstrates that the absence of judicial oversight over constitutional amendments weakens constitutional supremacy and increases the risk of democratic erosion through formally valid political processes. The article proposes a structured model of limited amendment review grounded in Indonesia’s constitutional identity, particularly the foundational principles embodied in Pancasila and the commitment to the rule of law. By articulating a contextually grounded doctrinal framework, this study contributes to contemporary debates on unconstitutional constitutional amendments and offers a normative pathway for strengthening constitutional guardianship in Indonesia.
Co-Authors Abdul Rahman Achmad Achmad Ruslan, Achmad Adebayo, Adesoji Kolawole Aidonojie, Paul Atagamen Allo, Zet Tadung Aminuddin Ilmar Andi Syarifuddin Aslan, Jamal Balebo, Piaget Mpoto Betsy Anggreni Kapugu, Betsy Anggreni Daud Rismana Eka Merdekawati Djafar, Eka Merdekawati Ekakusumawati, Enni Eregbuonye, Obieshi Halim, Hamzah HARIYANTO HARIYANTO Hasan, Haslinda Hotlan Samosir Ibeh, Success Ilham Ilham Ilyas, Anshori Imširović, Mirela Kamaruddin, Hanim Koharudin, Koharudin Lohalo, Georges Olemanu Maskun Masum, Ahmad Md. Khalid, Rasyikah Muhammad Saleh Tajuddin Naswar Naswar, Naswar Normiati, Normiati Paidi, Zulhilmi Paidi, Zulhilmi bin Ratnawati Ratnawati Rizal Muchtasar, Rizal Sasea, Enny Martha Sastrawati, Nila Violetta, Kiky Venna Wahab, Harlida Abdul Wahid, A.M. Yunus Wamafma, Wamafma Wiranti, Wiranti Yusuf Ibrahim Arowosaiye