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All Journal LAW REFORM Substantive Justice International Journal of Law Jurnal Ilmiah Penegakan Hukum Al-Adalah: Jurnal Hukum dan Politik Islam
Lohalo, Georges Olemanu
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Law, Crime, Criminology & Criminal Justice

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Compulsory Testament: State Intervention in the Protection and Fulfillment of Human Rights of Non-Muslim Heirs Rahman, Abdul; Lohalo, Georges Olemanu; Imširović, Mirela; Bin Paidi, Zulhilmi
LAW REFORM Vol 20, No 2 (2024)
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.v20i2.64957

Abstract

This article discusses the importance of state intervention in protecting and fulfilling the human rights of non-Muslim heirs through the institution of compulsory testament. In the diverse social landscape of Indonesian society, it is possible for one heir to adhere to a non-Muslim religion while the other two heirs are Muslim. This situation raises a legal problem in the field of inheritance, as the non-Muslim heir may risk losing their inheritance rights. Both religious rights and inheritance rights are human rights that must be protected, and their fulfillment must be guaranteed by the state through the establishment of policies regarding compulsory testament. This study employs a normative legal research method to examine existing regulations, the challenges faced by non-Muslim heirs, and the role of the state in promoting justice and protecting human rights. The results of the study conclude that mandatory wills intended for non-Muslim heirs are based on customary law with the principles of justice, social justice, and humanity. Mandatory wills for non-Muslim families also accommodate the democratic atmosphere in society and the state, answering the need for a sense of justice that is the right of every individual and preventing inequality in the pluralistic Indonesian society. It is necessary to strengthen regulations related to compulsory testament, to guarantee the rights of non-Muslim heirs, in order to create a more just and civilized society.
Hak Recall Partai Politik Terhadap Anggota Dewan Perwakilan Rakyat: Tinjauan Constituent Dan Public Recall Muhammad Mutawalli; Mukhtar Lutfi; Mau Lulo, Lourenco de Deus; Lohalo, Georges Olemanu
Jurnal Ilmiah Penegakan Hukum Vol. 10 No. 2 (2023): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v10i2.10251

Abstract

Therefore, the idea of constituent and public recall is the basis for the manifestation of people's involvement, in whose position the people are subjects who have the will of constituents and are a public element in determining the survival of the people. representatives who represent them. This paper is qualitative research using normative juridical methods. In this paper, a legislative approach, a conceptual approach, and a philosophical approach are used. This research was carried out by tracing legal materials through law books, books, scientific works, and even several printed media that are useful and relevant to this article. The collected material is then processed and analyzed in depth, then presented in a qualitative descriptive and analytical prescriptive manner. The conclusion of this paper shows that political parties have the authority to recall (replace) legislative members as part of their overall authority. The concepts of constituent recall and public recall are needed so that political parties have the right to replace members of the People's Representative Council because this highlights the importance of involving the community as holders of the people's sovereign rights in the mechanism for dismissing council members. Once elected, legislative members can be dismissed, but this is not ideal and participatory and seems feudal because it is still determined by the will of the party elite, even though the principle of popular sovereignty which must be prioritized is weakened by power. There are no regulations regarding constituent and public recall mechanisms.
Strengthening Presidential Institutions in Indonesia: A Policy Analysis for Governance Reform Mukhlis, Muhammad Mutawalli; Lohalo, Georges Olemanu; Imširović, Mirela; Balebo, Piaget Mpoto
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 10 No 1 (2025)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v10i1.7571

Abstract

This study examines the urgency of strengthening Indonesia's presidential institution to enhance governance and adapt to contemporary challenges. The research aims to assess the institution's capacity to ensure political stability, promote democratic values, and address corruption and centralization of power. Utilizing mixed methods, the study combines surveys, in-depth interviews, and direct observation, supported by thematic and statistical analysis. Key findings indicate that improving inter-institutional collaboration, adopting innovative decision-making strategies, and leveraging technology for transparency are crucial for addressing governance challenges. The study concludes that reforms in legal frameworks and accountability mechanisms are vital for enhancing public trust and institutional responsiveness. These findings provide actionable insights for policymakers to advance democratic governance and institutional resilience
Periodization of General Elections: Ideas and Refinements in Indonesia Mutawalli, Muhammad; Naswar, Naswar; Ilmar, Aminuddin; Lohalo, Georges Olemanu
Susbtantive Justice International Journal of Law Vol 6 No 2 (2023): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v6i2.245

Abstract

General election is one part of the practice of democracy in Indonesia. In this case, the general election is a manifestation of people's sovereignty. In general, the principles of elections include the principles of direct, public, free, confidential, honest and fair. This research seeks to explore legal constructions related to the periodic principle of general elections which must be held periodically every five years, which is a separate principle in general elections. This research is normative legal research with a statutory and conceptual approach. The results of the study confirm that to achieve and ensure that general elections are held a justice process and proportionally, the orientation of legal construction on the periodic principle has actually been explicitly stated in the 1945 Constitution of the Republic of Indonesia and is based on a systematic interpretation. In this case, in terms of periodic aspect orientation, it is part of the general election principle that is obligatory and must be implemented. This has the implication that the principles of general elections include the principles of direct, general, free, confidential, honest and fair, and must be held periodically for five years. In this case, the principle of periodicity occupies an important position in the holding of general elections.
Co-Authors Abdul Rahman Aminuddin Ilmar Balebo, Piaget Mpoto Bin Paidi, Zulhilmi ImÅ¡irović, Mirela Imširović, Mirela Mau Lulo, Lourenco de Deus Mukhlis, Muhammad Mutawalli Mukhtar Lutfi Mutawalli, Muhammad Naswar, Naswar