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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Waraqat : Jurnal Ilmu_Ilmu Keislaman
Mhd Syahnan
Universitas Islam Negeri Sumatera Utara
Religion Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Political and Legal Reconstruction of the Urgency that Forces the Issuance of PERPPU in Indonesia Based on Fair Benefit Values Indra Utama Tanjung; Mhd Syahnan; Akmaluddin Syahputra
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5495

Abstract

Legal sovereignty in Indonesia places the 1945 Constitution as the highest norm, which is the basis for other legislation. In the legal hierarchy, PERPPU is an executive product issued based on presidential prerogative in times of urgent and compelling circumstances. This research aims to examine the position of PERPPU, especially PERPPU No. 2 of 2022, in the context of a compelling emergency in accordance with Article 22 paragraph (1) of the 1945 Constitution. This study uses quantitative and juridical-normative methods to explore the application of PERPPU in legal practice, taking into account the complexity of social phenomena and normative values, including doururiah in Islamic law. A multidisciplinary approach is applied, involving theories from figures such as Amartya Sen, John Locke, and Montesquieu, as well as the principles of the Rule of Law. Primary and secondary data were analyzed through document studies, semi-structured interviews and field observations. The research results show that PERPPU No. 2 of 2022 concerning Job Creation, which was issued as a response to urgent global economic conditions, fulfills the requirements of compelling urgency as mandated by the 1945 Constitution. However, the publication process raises concerns about subjectivity and potential abuse of power. The DPR's approval of the PERPPU represents a constitutional step in the right direction, but broader involvement of stakeholders and transparency of the process are essential to ensure fairness and compliance with the principles of the rule of law. PERPPU, as an instrument issued in urgent circumstances, must be managed strictly and only used as a last resort. The involvement of the DPR in the approval process is an important democratic control, but it must be carried out efficiently to avoid a legal vacuum. Transparency in the process of determining and evaluating compelling emergencies is critical to maintaining the integrity of the legal system and public trust. This research suggests the need for reform in PERPPU issuance procedures to ensure that each publication is based on objective and urgent needs, by avoiding broad interpretations that could lead to abuse of power.
Narcotics Brokers and Logistics Routes in Indonesia: Legal System Weaknesses from Ḥifẓ al-'Aql Perspective Muhammad Hasan Nasution; Mhd Syahnan; Mustafa Kamal Rokan
WARAQAT : Jurnal Ilmu-Ilmu Keislaman Vol. 10 No. 2 (2025): Waraqat: Jurnal Ilmu-Ilmu Keislaman
Publisher : Pusat Penelitian dan Pengabdian pada Masyarakat (P3M) Sekolah Tinggi Agama Islam As-Sunnah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51590/waraqat.v10i2.1161

Abstract

This study examines the roles of brokers and logistics routes in Indonesia's narcotics supply chain, which has evolved into a transnational network connecting Golden Triangle production centers (particularly Myanmar's Shan State) with domestic markets through intermediate distribution nodes. The research employs a normative juridical method supported by a socio-legal approach and qualitative analysis, utilizing data from UNODC, BNN (National Narcotics Agency), Customs, and previous research reports to analyze the intersection of global economic dynamics, legal system weaknesses, and narcotics trafficking operations. Findings reveal that brokers serve three critical functions: connecting international manufacturers with domestic markets, controlling pricing mechanisms, and designing logistics routes through major ports (Tanjung Priok, Batam) and minor harbors across maritime and air channels. Indonesia's consumer market comprises approximately 3.3 million narcotics users (1.73% of the population aged 15-64 years), with high prevalence rates in North Sumatra (6.5%), South Sumatra (5%), and DKI Jakarta (3.3%). However, law enforcement remains concentrated at the downstream level, with over 70% of prosecuted cases targeting users and couriers rather than intermediate brokers. Legal system weaknesses—particularly in Money Laundering (TPPU) instruments, customs supervision, and international cooperation—enable brokers to exploit regulatory gaps and maintain network resilience despite increased arrests. From the Maqasid Syariah perspective, specifically the principle of Hifz al-'Aql (protection of reason), this study proposes non-penal policy reconstruction emphasizing preventive, educational, and rehabilitative approaches that extend beyond criminal sanctions to protect community morals, reason, and welfare through structural reforms in financial regulation, logistics supervision, and international legal diplomacy.
Co-Authors Akmaluddin Syahputra Indra Utama Tanjung Muhammad Hasan Nasution Mustafa Kamal Rokan