Fatur Faturohman
Universitas Kuningan

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Constitutional Implications of Local Government Restrictions on the Validity of Religious Legal Entity Deeds Iman Jalaludin Rifa’i; Erga Yuhandra; Fatur Faturohman
JURNAL AKTA Vol 13, No 1 (2026): March 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i1.51422

Abstract

This study examines the constitutional limits of regional government authority in restricting religious activities and analyzes their implications for legal certainty concerning religious deeds and permits. Although decentralization grants substantial administrative discretion to local governments, constitutional guarantees under the 1945 Constitution require that any limitation on religious freedom comply with legality, necessity, and proportionality standards. Normative inconsistencies arise when regional regulations introduce additional procedural burdens or discretionary mechanisms that exceed statutory delegation and potentially undermine constitutional supremacy. This research employs normative legal methodology through statute, conceptual, and case approaches by examining constitutional provisions, regional governance legislation, and relevant Constitutional Court decisions. Legal materials are analyzed qualitatively using constitutional reasoning, hierarchical norm conformity review, and proportionality assessment. The findings indicate that the constitutional boundary of regional authority lies in strict adherence to proportionality parameters, including legitimate aims, suitability, necessity, and balancing. Furthermore, regional restrictions have significant implications for administrative legal certainty, particularly regarding the issuance of religious permits and the enforceability of related civil documentation. Regulatory fragmentation and inconsistent procedural standards risk generating unequal treatment and indirect limitations on religious freedom. The novelty of this research lies in integrating proportionality doctrine with administrative legal certainty analysis, offering a constitutional design model that harmonizes regional autonomy with fundamental rights protection without negating legitimate local governance functions.
Analisis Sistem Perbandingan Kekuasaan Kehakiman Antara Negara Indonesia Dengan Negara Prancis Fatur Faturohman; Diki Rahmawan
Uniku Law Review Vol. 2 No. 1 (2024): UNIKU LAW REVIEW
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/ulr.v2i01.268

Abstract

This research aims to determine the judicial power between Indonesia and France. From the perspective of the legal system, the two countries have differences. So, there are also differences in terms of the system of judicial power implemented by the Indonesian state and the French state. The scope of the research explains the judicial power of the Supreme Court and the Constitutional Court in Indonesia and France, and the principles of judicial power between Indonesia and France. The research method used in this research is a normative legal research method, namely research that is viewed from the perspective of statutory regulations, which are used as a benchmark for human behavior. The research results show differences between the judicial power systems between Indonesia and France. The main factor that differentiates the judicial system between the two countries is that the legal system applied by the two countries is different, where Indonesia applies a mixed legal system, while France applies a mixed legal system. So that. The systems of judicial power in the two countries have differences, including regarding the principles of judicial power between Indonesia and France.