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All Journal LAW REFORM AL-Daulah Al-Adalah: Jurnal Hukum dan Politik Islam
Imširović, Mirela
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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.
Urgency of the Presidential Institution: Strengthening Presidentialism or Perfecting the State System in Indonesia Muhammad Mutawalli; Georges Olemanu Lohalo; Imsirovic, Mirela
Al-Daulah : Journal of Criminal Law and State Administration Law Vol 13 No 2 (2024): (December)
Publisher : Jurusan Hukum Tatanegara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-daulah.v13i2.51644

Abstract

Research Objective: This study emphasizes the importance of strengthening Indonesia's presidential institution through the advancement of presidentialism and the refinement of its constitutional framework, while also exploring the historical development of presidential power within the country's political dynamics. Research Method: The research employed a qualitative approach, conducting a systematic analysis of existing literature, legal frameworks, and political practices. This analysis assessed the evolution of the presidential institution and its current operational context within Indonesia's constitutional system and democratic governance framework. Results: Identifying correlations between presidential authority and governance effectiveness as the institution has adapted to changing political landscapes and constitutional amendments. The study uncovers patterns of institutional evolution across various presidential administrations. Findings and Implications: The presidential institution is essential for effective governance, particularly in enhancing decision-making processes and ensuring political stability. The research demonstrates that a robust presidential system significantly improves policy implementation and government coherence, while also underscoring the need for constitutional improvements to establish appropriate inter-institutional checks and balances. Conclusion: A strong presidential system is vital for Indonesia to effectively address contemporary governance challenges and maintain national resilience. A well-balanced presidential authority within a democratic framework serves as a foundational element for political stability and effective governance in the modern era. Contribution: This study enhances scholarly understanding of presidentialism within Indonesia's constitutional context, offering analytical insights into how institutional design influences governance outcomes. Additionally, it contributes to constitutional theory by examining presidential power within frameworks of democratic consolidation. Limitations and Suggestions: The study is limited by a lack of empirical data regarding governance outcomes across different presidential administrations. Future research could benefit from comparative analyses of presidential systems in similar emerging democracies, as well as longitudinal studies on presidential effectiveness in specific policy areas
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
Co-Authors Abdul Rahman Balebo, Piaget Mpoto Bin Paidi, Zulhilmi Georges Olemanu Lohalo Lohalo, Georges Olemanu Mukhlis, Muhammad Mutawalli Mutawalli, Muhammad