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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang Kosmik Hukum Al-Istinbath: Jurnal Hukum Islam
Zuhdi, Achmad
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Legitimasi Hukum Asing Sebagai Pertimbangan Putusan oleh Mahkamah Konstitusi: Perbandingan Antara Indonesia dan Afrika Selatan Zuhdi, Achmad; Kamula, Ari Ade
Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang Vol 7 No 2 (2024): Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang
Publisher : Fakultas Hukum Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/yur.v7i2.21634

Abstract

The issue of referring to foreign law in constitutional deliberations often triggers criticism as "cherry picking". This research examines how the Constitutional Courts of Indonesia and South Africa use foreign law in their jurisprudence, focusing on its legitimacy and impact on the protection of human rights and democratic principles. The research uses a normative juridical method with comparative, statutory, and historical approaches by analysing decisions from both courts as well as relevant secondary sources. The findings show that both courts utilise foreign law but differ significantly in their approach. The South African Constitutional Court often cites foreign precedents directly, while the Indonesian Constitutional Court more often uses international law as a reference. The research concludes that the Constitutional Court's use of foreign law can enhance human rights and democracy jurisprudence if properly integrated into the national legal framework.
Judicial Review of Presidential Threshold Decisions: The Dynamics of Constitutional Injury Zuhdi, Achmad; Ablamskyi, Serhii; Anggara, Arya
Kosmik Hukum Vol. 25 No. 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.24476

Abstract

This study examines the Dynamics of Constitutional Injury Interpretation by the Constitutional Court in the Judicial Review of the Presidential Threshold Law, focusing on how the Court’s interpretation of constitutional harm has shifted in relation to granting legal standing to individual applicants. Historically, individual citizens have held the right to challenge laws they believe infringe on their constitutional rights. However, recent rulings show a shift where the Court restricts legal standing, allowing only political parties to challenge the Presidential Threshold Law. This restriction is based on two main reasons: changes in the electoral system, which now directly involves political parties, and the notion that voters’ increased knowledge diminishes the need for individual challenges. The study aims to critically assess whether these reasons hold sufficient weight to limit individual participation. Through a normative legal approach utilizing case and statutory analysis, findings reveal that limiting individual participation undermines democratic legitimacy, as the cited reasons lack substantive grounds to justify the restriction on individual legal standing in the constitutional review process.
Presidential Partisanship in Indonesian Elections: A Legal and Ethical Analysis Zuhdi, Achmad; Suparman, Eman; Perwira, Indra; Nguindip, Nana Charles
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 1 (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.v13i1.1635

Abstract

Presidential involvement in electoral contests in Indonesia has increasingly raised concerns regarding the neutrality and integrity of democratic processes. Instances such as the politicization of social assistance programs, the strategic appointment of acting governors, and the active participation of ministers in campaign activities have highlighted the pervasive use of state resources for partisan interests. This study examines the permissibility of presidential political partiality in electoral contests from legal and ethical perspectives. Employing a normative legal research method with a statute and analytical approach, the study analyzes primary legal sources, including the 1945 Constitution and relevant electoral regulations, as well as secondary scholarly materials. The findings reveal that presidential partisanship is legally and ethically unjustifiable. Legally, procedural mechanisms, such as the requirement for mandatory leave during campaign activities, fail to guarantee factual neutrality and enable covert partisanship. A systematic and teleological interpretation of Article 299 paragraph (1) of the Election Law demonstrates that the right to campaign applies exclusively to presidents running as candidates, not to incumbents who are not contesting. Ethically, presidential partiality violates principles of impartiality and moral legitimacy, undermining the president’s role as a unifying symbol of national integrity. The study emphasizes the urgent need for regulatory reforms and ethical standards to reinforce fairness and uphold public trust in Indonesia’s electoral process.
Hubungan Negara dan Otoritas Agama dalam Pengawasan Penerapan Syariah di Indonesia Zuhdi, Achmad; Saputra, Edi; Hidayat, Hasannudin; Umam, Khoirul; Hayamansyah, Didi
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i2.12812

Abstract

This study examines the functional relationship and institutional conflict between religious authorities namely the National Sharia Council of the Indonesian Ulema Council (DSN MUI) and the Sharia Supervisory Board (DPS) and state authorities, particularly the Financial Services Authority (OJK), in supervising sharia compliance within Indonesia’s financial institutions. Employing a normative-qualitative method with a statutory and conceptual approach, the research analyzes relevant laws, DSN fatwas, OJK regulations, as as well as a conceptualized model derived from legal approaches and public management theory. The findings reveal a structural gap: DSN MUI’s fatwas significantly influence regulatory practice yet lack formal legal force, while OJK, despite its regulatory mandate, cannot substantively review those fatwas. Moreover, DPS appointments by financial institutions raise concerns about independence and public accountability. As a scholarly contribution, this study introduces the Integrated Sharia Governance Framework (ISGF), a model that proposes procedural integration between DSN MUI and OJK, strengthens DPS oversight, and embeds fatwas into formal regulatory processes without eroding religious autonomy. The ISGF serves as a normative solution to institutional fragmentation and offers a context-sensitive approach to harmonizing religious authority with democratic rule-of-law principles in Indonesia’s sharia financial governance
Co-Authors Ablamskyi, Serhii Anggara, Arya EDI SAPUTRA Eman Suparman Hayamansyah, Didi Hidayat, Hasannudin Indra Perwira, Indra Kamula, Ari Ade Khoirul Umam Nguindip, Nana Charles