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All Journal Nurani: Jurnal Kajian Syariah dan Masyarakat International Journal of Business, Law, and Education Audito Comparative Law Journal (ACLJ)
Safa’at, Muchamad Ali
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Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other

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Interpretation of the Constitution on the Arrangement of State-Owned Enterprises in the National Economic System Based on the Decision of the Constitutional Court Harvelian, Agnes; Safa’at, Muchamad Ali; Widiarto, Aan Eko; Qurbani, Indah Dwi
Nurani Vol 23 No 1 (2023): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v23i1.17109

Abstract

The constitutional interpretation of the regulation of State-Owned Enterprises (BUMN) is still looking for the right method, BUMN as the embodiment of the constitution for the state's responsibility in managing strategic resources that are used as wide as possible for the prosperity of the people. Submission of a judicial review to the Constitutional Court regarding BUMN can show the direction of constitutional interpretation given by the judges of the Constitutional Court. This article examines whether the constitutional interpretation of SOE arrangements is in accordance with Indonesia's national economic system. The method of approach in this writing is descriptive analysis which explains and analyzes the constitutional interpretation of SOE regulations. the results of the study reveal that the constitutional court has carried out its duties in accordance with the basic principles and principles of the constitution. The Constitutional Court in every decision in the field of BUMN dominates its interpretation by using an originalist interpretation.
Reconceptualizing The Dispute Resolution Model for Village Head Elections Towards Independent and Fair Elections Zainudin, Arif; Safa’at, Muchamad Ali; Anshari, Tunggul; Susmayanti, Riana
Audito Comparative Law Journal (ACLJ) Vol. 6 No. 1 (2025): January
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v6i1.38378

Abstract

This study aims to reconceptualize the dispute resolution model for Pilkades, which has traditionally been handled by regents/mayors (Bupati/Walikota), a mechanism criticized for being prone to political interference and lacking principles of justice and independence. The election of village heads (Pilkades) represents a form of local democracy, reflecting community participation in village governance. However, its implementation is often marred by disputes over election results, leading to social tensions and conflicts. Using normative and empirical legal approaches, this research analyzes the weaknesses in the existing dispute resolution procedures and proposes an alternative model that is fairer and more transparent. The findings reveal that entrusting dispute resolution authority to regents/mayors poses significant challenges, such as political bias, unclear legal mechanisms, and insufficient community involvement. Therefore, an independent and neutral institution is required to handle Pilkades disputes by emphasizing the principles of justice and transparency. This study recommends the establishment of a special body through regional regulations to manage dispute resolution independently, involving community elements and utilizing digital technology to enhance process transparency. By reconstructing the Pilkades dispute resolution model based on the principles of justice, transparency, and independence, this approach is expected to strengthen village democracy and prevent prolonged conflicts.
Constitutional Responsibility for Regulating Food Sovereignty Rozi, Fahrur; Safa’at, Muchamad Ali; Istislam, Istislam
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.725

Abstract

This study aims to analyze the constitutional responsibility for food sovereignty and self-reliance as regulated in Law Number 6 of 2023 concerning Job Creation. The type of research used is normative research with a statute approach and conceptual approach. Based on the results of the research, it shows that the enactment of Law No. 6 of 2023 concerning Job Creation, especially in terms of food, has implications for the goals of food sovereignty and self-reliance in Indonesia, which were previously stipulated in Law No. 18 of 2012 concerning Food. It is feared that this will affect the decline in farmers' welfare levels due to the absence of restrictions on food imports. The position of food imports parallel to domestic production and national food reserves no longer reflects the essence of food sovereignty. In this problem, the constitutional responsibility related to food sovereignty is to review Law No. 6 of 2023 on Job Creation to ensure the achievement of public welfare.
Co-Authors Aan Eko Widiarto Agnes Harvelian, Agnes Arif Zainudin Fahrur Rozi Indah Dwi Qurbani Istislam Riana Susmayanti Tunggul Ansari Setia Negara