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All Journal Jurnal Pahlawan International Journal of Science and Environment The Easta Journal Law and Human Rights Jurnal Kajian Ilmu Hukum Themis: Jurnal Ilmu Hukum
Firmanto, Fakhry
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Agriculture, Biological Sciences & Forestry Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Chemistry Law, Crime, Criminology & Criminal Justice Mathematics Physics Social Sciences

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A Juridical Review of Constitutional Court Decision No. 18/PUU-V/2007 on the Establishment of Ad Hoc Human Rights Courts in Indonesia Saleha, Dwi; Firmanto, Fakhry; Kusumo, Indra Suryo; Kholis, Mohammad Nur
The Easta Journal Law and Human Rights Vol. 4 No. 01 (2025): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/eslhr.v4i01.779

Abstract

This study provides a normative legal analysis of handling defaults in Sharia mortgage (KPR Syariah) contracts based on Fatwa DSN-MUI No. 17/DSN-MUI/IX/2000 concerning sanctions for customers who are able to pay but delay payment (ta’wil). The research aims to examine the conformity of Sharia-based mortgage default handling with Islamic legal principles and Indonesian national law. Using a normative juridical approach, this study analyzes primary legal materials including the DSN-MUI Fatwa, the Compilation of Sharia Economic Law (KHES), the Law on Sharia Banking, and Financial Services Authority (OJK) regulations. The findings indicate that default handling in Sharia mortgages should emphasize fairness, compassion, and the avoidance of riba (interest), while administrative sanctions can be applied to encourage payment discipline. The study also identifies the need for synchronization between DSN-MUI fatwas and national banking regulations to ensure both Sharia compliance and legal certainty. The results contribute to understanding the practical and doctrinal implications of Islamic financial law in Indonesia’s mortgage sector.
Constitutional Review on the State’s Obligation to Provide Equal Access to Education in Indonesia Firmanto, Fakhry; Sutrisno, Hafiz; Lubis, Arief Fahmi
The Easta Journal Law and Human Rights Vol. 4 No. 01 (2025): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/eslhr.v4i01.782

Abstract

This study examines the constitutional obligation of the Indonesian state to guarantee equal access to education through a juridical normative analysis. Education in Indonesia is not only a social necessity but also a fundamental right enshrined in Article 31 of the 1945 Constitution, which mandates the government to organize and ensure an equitable national education system. The research uses a normative juridical approach by analyzing constitutional provisions, statutory regulations, and Constitutional Court decisions related to education and equality. The findings reveal that the Constitution provides a strong legal foundation for the right to education and equality before the law, supported by instruments such as Law No. 20 of 2003 on the National Education System and the constitutional requirement of allocating 20% of the national budget to education. However, challenges persist in implementation, including regional disparities, unequal resource distribution, and weak legal enforcement mechanisms. The study concludes that the realization of educational equality requires stronger legal accountability, equitable fiscal policy, and institutional consistency between constitutional norms and their practical execution. Strengthening constitutional integrity through judicial oversight and human rights–based education policies is essential to achieving the constitutional goal of “educating the life of the nation”.
Legal Certainty of Land Registration as a Form of Protection of Citizens' Constitutional Rights Firmanto, Fakhry; Sutrisno, Hafiz
Jurnal Kajian Ilmu Hukum Vol. 5 No. 1 (2026): Jurnal Kajian Ilmu Hukum
Publisher : Yayasan Pendidikan Islam Almatani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55583/jkih.v5i1.1661

Abstract

This study examines the implementation of land registration services as a mechanism for protecting constitutional rights to legal certainty, focusing on the practice of the National Land Agency (BPN) of Kampar Regency under Government Regulation Number 18 of 2021. Using an empirical juridical approach, this research combines primary data obtained from interviews with BPN officials and land registration applicants with secondary data derived from statutory regulations, legal doctrines, and official documents. The findings reveal that, although land registration has formally functioned as an instrument of legal protection through the issuance of land certificates, its effectiveness in realizing constitutional legal certainty remains limited. Normative constraints arise from regulatory disharmony between the Basic Agrarian Law and Government Regulation Number 18 of 2021, while empirical obstacles include low public legal awareness, limited institutional capacity, and delays in land measurement procedures. These conditions indicate a gap between the normative objectives of land registration reform and its practical implementation at the local level. This study argues that the protection of constitutional rights in land administration cannot be achieved solely through regulatory reform, but requires regulatory harmonization, institutional strengthening, and sustained legal education to ensure the consistent application of legal certainty and substantive justice.
Co-Authors Abadi, Wilken Rezki Affan, Kharul Afrinaldi, Delfi Arief Fahmi Lubis Fatmawati, Fatmawati Hafiz Sutrisno Kholis, Mohammad Nur Kusumo, Indra Suryo Maimory, Aminoel Akbar Novi MISWAR MISWAR Rian Prayudi Saputra Saleha, Dwi Uswatun Hasanah Widiawati, Ani