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All Journal Diponegoro Law Review Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Muhammad Mutawalli Mukhlis
Sekolah Tinggi Agama Islam Negeri Majene
Law, Crime, Criminology & Criminal Justice

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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.
Co-Authors Ahmad Masum Arfin Hamid Eka Merdekawati Djafar Maskun Maskun Maskun Maskun Niken Yulian Yusuf Nurul Hidayat Ab Rahman Yusuf Ibrahim Arowosaiye