Article Per Year (5 Year)
p-Index From 2021 - 2026
0.92
P-Index
This Author published in this journals
All Journal Diponegoro Law Review Jurnal Pengabdian Hukum Indonesia International Law Discourse in Southeast Asia Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Muhammad Mutawalli Mukhlis
Sekolah Tinggi Agama Islam Negeri Majene
Law, Crime, Criminology & Criminal Justice

Published : 5 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 5 Documents
Search

 1 
GUARDIAN OF THE CONSTITUTION: REVIEWING THE ROLE OF THE CONSTITUTIONAL COURT Muhammad Mutawalli Mukhlis; Ahmad Masum; Maskun Maskun; Yusuf Ibrahim Arowosaiye; Eka Merdekawati Djafar
Diponegoro Law Review Vol 10, No 2 (2025): Diponegoro Law Review October 2025
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.10.2.2025.217-233

Abstract

The Constitutional Court of Indonesia is entrusted with safeguarding constitutional supremacy within Indonesia’s constitutional order, yet it does not possess the authority to review amendments to the 1945 Constitution. This institutional limitation creates a structural gap because constitutional amendments, despite their far reaching consequences, remain beyond judicial scrutiny. This study examines the constitutional feasibility of granting the Court authority to conduct procedural and substantive review of constitutional amendments. Using doctrinal legal research supported by comparative constitutional analysis, the article draws on Hans Kelsen’s theory of the hierarchy of norms and the Basic Structure Doctrine as developed in India and Germany to construct an evaluative framework suitable for the Indonesian context. The analysis demonstrates that the absence of judicial oversight over constitutional amendments weakens constitutional supremacy and increases the risk of democratic erosion through formally valid political processes. The article proposes a structured model of limited amendment review grounded in Indonesia’s constitutional identity, particularly the foundational principles embodied in Pancasila and the commitment to the rule of law. By articulating a contextually grounded doctrinal framework, this study contributes to contemporary debates on unconstitutional constitutional amendments and offers a normative pathway for strengthening constitutional guardianship in Indonesia.
Community Rights Protection as a Pillar of Suistainable Mining in INdonesia : A Review of Government and CSR Roles From Environmental Law and Islamic Environmental Jurisprudence Niken Yulian Yusuf; Maskun Maskun; Arfin Hamid; Muhammad Mutawalli Mukhlis; Nurul Hidayat Ab Rahman
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 12, No 2 (2025): October
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v12i2.8359

Abstract

Sustainable mining in Indonesia requires balancing economic extraction with environmental protection and community rights. However, current frameworks—government regulation and mandatory CSR—often face implementation gaps and lack ethical grounding. This study examines how integrating Islamic environmental jurisprudence with Indonesia’s environmental law and CSR obligations can better protect community rights and promote sustainable mining practices. Using a normative empirical legal approach, the study analyzes Scopus-indexed literature, statutory instruments (e.g., Law No. 32/2009), and Islamic legal sources. It maps conventional mechanisms such as land-right recognition, FPIC, regulatory oversight, and CSR, and extends the analysis with: (1) a comparative integration of government and CSR roles with Islamic principles (amanah, ʿadl, ḥifẓ al-bi’ah), and (2) case studies from Bangka Belitung and other mining regions showing faith-based community mobilization. Findings show that coupling legal mechanisms with Islamic ethical imperatives enhances community agency: government policies gain moral legitimacy, CSR becomes a faith-driven commitment, and communities use fatwas and customary-Islamic norms to demand environmental justice and corporate accountability. Evidence shows regions applying Islamic fatwas on “environmentally friendly mining” benefit from stronger social licenses and improved local welfare. This study contributes an integrative governance model that combines legal obligations, CSR practices, and Islamic ethics to prioritize community rights and ecological sustainability in Indonesia’s mining sector.
Examining the Implementation of Participatory Village Autonomy: Models of Community Engagement and Application in Strengthening Inclusive Governance in Indonesia Muhammad Mutawalli Mukhlis; Maskun Maskun; Ahmad Masum; Muhammad Saleh Tajuddin; Wa Ode Intan Kurniawati; Yusuf Ibrahim Arowosaiye; Naswar Naswar
Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Vol. 8 No. 1 (2025): (January-June 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v8i1.21226

Abstract

This study rigorously examines the practical implementation of participatory village autonomy, a linchpin for inclusive governance in Indonesia. Despite formal recognition by Law No. 6 of 2014 and its 2024 amendment , significant  hurdles persist, including elite domination, financial mismanagement, limited community engagement, and insufficient institutional capacity. Employing a normative legal methodology, this inquiry  identifies effective models of community engagement and application for the Indonesian context. Findings  affirm that village autonomy's democratization requires comprehensive legal reform, institutional strengthening, transparent administration, and active citizen involvement. Beyond mere electoral procedures, true democratization  demands cultural adaptation, community empowerment, and robust accountability mechanisms to prevent elite capture.  Synergistic collaboration among central, regional, and village governments is paramount for genuinely responsive local governance. Lessons from diverse precedents  underscore the necessity of community-driven planning and legally mandated public participation for sustainable village development. This research  concludes that empowered village autonomy can substantially foster an equitable and resilient Indonesian governance landscape, contingent upon holistic systemic reforms and diligent application of innovative engagement models.
Reforming Justice for Digital Sexual Violence in Southeast Asia: Indonesia’s Legal Protection Framework and Regional Lessons Maskun; Muhammad Mutawalli Mukhlis; M. Aris Munandar; Syamsuddin Muchtar; Nur Azisa; Audyna Mayasari Muin; Arnita Pratiwi Arifin; Budiyanto
International Law Discourse in Southeast Asia Vol. 5 No. 1 (2026): January-June 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v5i1.42711

Abstract

Digital sexual violence is escalating in Southeast Asia as social media, chat services, and cloud storage enable non-consensual recording, dissemination of intimate images, sexual threats, and technology-facilitated harassment. This article assesses Indonesia’s legal protection framework and draws regional lessons for reform. Using normative legal research with international human rights law and comparative legal study as its primary approaches, this article examines Indonesia’s criminal law policies and selected judicial decisions concerning electronic-based sexual violence under the Sexual Violence Criminal Acts Law (SVCA Law, Law No. 12/2022) and the Electronic Information and Transactions Law (EIT Law, Law No. 19/2016). The analysis finds that Indonesia has advanced by criminalizing electronic-based sexual violence under the SVCA Law, yet sanctions remain focused on imprisonment and fines, leaving gaps for effective deterrence when offenders repeatedly exploit online communication tools. A recent revenge-porn case illustrates judicial experimentation with internet-access restrictions and the countervailing legality principle. Comparative insights from Canada and Germany show that court-supervised digital restrictions can be structured as additional penalties, while regional experiences in Malaysia, Thailand, and Japan underscore the value of conduct-specific offences and safeguards. The article proposes amending the SVCA Law, as lex specialis, to authorize proportionate revocation or limitation of online-communication access, supported by clear criteria, review mechanisms, and consistent inter-agency monitoring to balance constitutional freedoms and human rights.
Reconstructing the Oversight System for Public Procurement in Indonesia: A Legal and Normative Analysis of Corruption Prevention Mujahidin Mujahidin; Amir Ilyas; Marwati Riza; Aswanto Aswanto; Muhammad Mutawalli Mukhlis
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 13, No 1 (2026): January-June
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v13i1.10446

Abstract

The oversight system established under Presidential Regulation No. 16 of 2018 aims to facilitate the achievement of public procurement objectives. However, challenges remain in realizing these objectives due to legal non- compliance among stakeholders, as evidenced by the high level of corruption in public procurement. This research investigates the reconstruction of the oversight system for public procurement in Indonesia. Using a normative legal research method, the study focuses on analyzing and interpreting legal norms, principles, and their impact on society. The research examines the legal framework governing public procurement, including the systematic arrangement of regulations, synchronization between laws, historical developments, and comparisons with oversight systems in other jurisdictions. The findings reveal that the oversight of public procurement is regulated under Presidential Regulation No. 16 of 2018, where the Inspectorate of Government Internal Supervisory Apparatus (GISA) is responsible for initial investigative oversight. If indications of corruption are found, GISA refers the case to Law Enforcement Agencies (LEA) for further investigation. GISA's role is embedded in risk management to prevent corruption, while the Corruption Eradication Commission (CEC) highlights key preventive measures. This study emphasizes the need for stronger synchronization between regulations and enhanced risk management strategies to ensure effective oversight of public procurement.
Co-Authors Ahmad Masum Ahmad Masum Arfin Hamid Arnita Pratiwi Arifin Aswanto Aswanto Audyna Mayasari Muin Budiyanto Eka Merdekawati Djafar Ilyas, Amir M. Aris Munandar Marwati Riza Maskun Maskun Maskun Maskun Maskun Maskun Maskun Muhammad Saleh Tajuddin Mujahidin Mujahidin Naswar Naswar Niken Yulian Yusuf Nur Azisa Nurul Hidayat Ab Rahman Syamsuddin Muchtar Wa Ode Intan Kurniawati Yusuf Ibrahim Arowosaiye Yusuf Ibrahim Arowosaiye