Article Per Year (5 Year)
p-Index From 2021 - 2026
3.022
P-Index
This Author published in this journals
All Journal Jurnal Hukum Progresif JURNAL SIPAKALEBBI Ekspose: Jurnal Penelitian Hukum dan Pendidikan Al-Adalah: Jurnal Hukum dan Politik Islam Jurnal Al-Dustur Al-Syakhshiyyah : Jurnal Hukum Keluarga Islam dan Kemanusiaan Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab Jurnal Al-Kharaj: Studi Ekonomi Syariah, Muamalah, dan Hukum Ekonomi Al-Aqwal : Jurnal Kajian Hukum Islam Al-Bayyinah Constitutional Law Review Jurnal Ar-Risalah HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Jurnal Kajian Hukum dan Sosial PEPAKEM: Jurnal Hukum Tata Negara dan Politik Islam
Ansar, Lukman
Unknown Affiliation
Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences

Published : 21 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 21 Documents
Search

 1   2   3 
ENVIRONMENTAL CONSTITUTIONAL REGRESSION IN RISK-BASED INVESTMENT GOVERNANCE: RECONFIGURING ENVIRONMENTAL PROTECTION STRUCTURE IN INDONESIA Amir, Irfan; Setyawanta, Lazarus Tri; Diamantina, Amalia; Ansar, Lukman; Adelvia, Adelvia
Jurnal Hukum Progresif Vol 14, No 1 (2026): April 2026
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.14.1.167-200

Abstract

The reform of the risk-based licensing system implemented through the Job Creation Law in Indonesia has had a significant impact on environmental protection. This shift, which replaces the precautionary-based preventive approach with risk management, has the potential to reduce ecological protection without explicitly changing constitutional norms. From a constitutional perspective, this change is considered environmental constitutional regression, referring to the decline in the legal system’s ability to ensure the environmental protection that was previously achieved. This article analyzes the impact of this transformation on the legal structure and investment governance in Indonesia. Environmental protection, which previously functioned as a constitutional instrument limiting the rationality of economic development, is now repositioned as an administrative component within the risk-based licensing framework. This shift occurs amid efforts to deregulate and simplify licensing to accelerate investment, but at the expense of the state’s obligation to ensure ecological sustainability. This reform affects various regulatory dimensions, including institutional structure, the role of law, public participation procedures, and environmental protection standards. The integration of environmental approval into the risk-based licensing system changes the paradigm from preventive control to administrative risk management. As a result, environmental protection mechanisms become dependent on risk assessments that do not always encompass the broader potential ecological damage. This study proposes the need for a progressive legal approach that reaffirms the state's obligation to uphold constitutional rights to a healthy and sustainable environment, while mitigating the negative impacts of regulatory reform on ecological justice and environmental sustainability. Thus, this research contributes to the understanding of the constitutional implications of risk-based regulatory restructuring, emphasizing the importance of ensuring that environmental protection remains a priority in development policy.
PEMBAGIAN HARTA WARISAN PERSPEKTIF KEADILAN GENDER: DIALEKTIKA PEMIKIRAN HUKUM ISLAM, ADAT, DAN KONTEMPORER Tarmizi, Tarmizi; Ansar, Lukman
JURNAL SIPAKALEBBI Vol 10 No 1 (2026): Juni
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/sipakalebbi.v10i1.66797

Abstract

Gender justice in the distribution of inherited assets continues to be a topic of discussion among various groups, despite existing provisions in inheritance law. The emergence of various perspectives advocating for gender-based justice in inheritance indicates a demand for equal rights between men and women without being bound by existing legal provisions. This study examines the dialectic of inheritance distribution based on gender justice through Islamic legal thought, customs developed within society, and contemporary paradigms advocating for gender equality. This study was conducted as a literature review using a conceptual approach and data collection through relevant key literature, which was then analyzed using descriptive qualitative methods. The results indicate a convergence of thought among Islamic law, customary law, and contemporary paradigms in proposing a concept of inheritance distribution grounded in gender equality. Conceptually, Islamic legal scholars have dared to propose an inheritance system with equal shares between men and women. From the perspective of customary law, the flexibility in determining shares based on agreement opens opportunities for female heirs to receive the same share as men. Similarly, contemporary paradigms pioneered through social and political movements and policy formulations advocate for gender equality on a global scale. This study offers a conceptual contribution regarding the importance of gender equality, including in the distribution of inherited assets, through various theoretical frameworks.
PERGESERAN MEKANISME PEMILIHAN KEPALA DAERAH DI INDONESIA DALAM PERSPEKTIF KONSTITUSIONAL DAN DEMOKRASI Lukman Ansar; Tarmizi Tarmizi; Lisma Lisma; Irfan Amir; Zulfadli Zulfadli
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 4 No. 2 (2025): HUNILA: Jurnal Ilmu Hukum dan Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v4i2.1960

Abstract

The debate over shifting the mechanism for electing regional heads from direct popular election to election by the Regional People’s Representative Council (DPRD) has resurfaced in Indonesia’s constitutional discourse. This study aims to describe this shift in the mechanism for electing regional heads from the perspectives of constitutional law and regional democracy, with the principles of popular sovereignty and accountability of power serving as the primary foundations of the analysis. This study employs a normative legal research method with constitutional, conceptual, and theoretical approaches, utilizing primary and secondary legal materials such as legislation, court rulings, and relevant scholarly literature. The research findings indicate that the election of regional heads by the Regional People’s Representative Council (DPRD) is not merely a technical institutional change but carries structural implications for democratic legitimacy, patterns of local government accountability, and the quality of citizens’ political participation. This study contributes to the assertion that the various shortcomings of direct regional head elections should be addressed through reform and the strengthening of democratic institutions, not by reducing the people’s role in determining local leadership.
Transformasi Hukum Waris Adat dalam Perspektif Syariat Islam Dan Kearifan Lokal di Indonesia: Transformation of Customary Inheritance Law from the Perspective of Islamic Sharia and Local Wisdom Lukman Ansar; Tarmizi Tarmizi; Sabar Podu
ISTIDLAL Vol 5 No 01 (2026): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to analyze the transformation of customary inheritance law from the perspective of Islamic sharia and local wisdom in Indonesia. As a living legal system within society, customary inheritance law has evolved in tandem with social and cultural changes and the influence of religious values. This study employs a normative legal research method, utilizing legislative, conceptual, and historical approaches. Research data was obtained through a literature review of various primary, secondary, and tertiary legal materials related to customary inheritance law and Islamic inheritance law. The research findings indicate that the transformation of customary inheritance law occurs through a process of adaptation between local traditions and the principles of Islamic sharia. These changes are evident in the development of a more open inheritance system, the recognition of women’s rights as heirs, and the implementation of family deliberation that prioritizes the common good and social harmony. This study also found that customary law and Islamic law are not always in a conflictual relationship; rather, they can complement each other in forming an inheritance system that is contextual and responsive to the development of modern society. Therefore, harmonization between customary law and Islamic Sharia is crucial in realizing an inheritance system that is just, humane, and continues to respect the cultural diversity of Indonesian society
KEWARISAN BERBASIS KEADILAN GENDER SEBAGAI IMPLEMENTASI SUSTAINABLE DEVELOPMENT GOALS DALAM HUKUM EKONOMI SYARIAH Tarmizi Tarmizi; Suandi Suandi; Lukman Ansar
Jurnal AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 8 No 2 (2026): Volume 8, Nomor 2 Desember 2026
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/as-hki.v8i2.11459

Abstract

Inheritance in Islam functions not only as a regulated mechanism for wealth distribution but also as an instrument for sustainable economic empowerment. Nevertheless, inheritance practices often overlook gender equality, limiting women’s access to economic resources and potentially hindering the achievement of the Sustainable Development Goals (SDGs). This study examines the dynamics of gender-equitable inheritance, its relevance to the SDGs, and the contribution of Islamic economic law in promoting gender justice. The findings indicate that the Qur’anic inheritance ratio of 2:1 requires contextual interpretation by considering public benefit (maslahah), distributive justice, and contemporary socio-economic realities. Such an approach provides opportunities for a more proportional and equitable distribution of inheritance. Gender-responsive inheritance practices contribute significantly to the achievement of SDG 5 (Gender Equality) and SDG 10 (Reduced Inequalities). From the perspective of Islamic economic law, equitable inheritance distribution can strengthen women’s economic empowerment while supporting the realization of maqasid al-shariah and sustainable development.
Tinjauan Siyasah Dusturiyah Terhadap Pelaksanaan Peraturan Daerah Kota Jayapura Nomor 12 Tahun 2007 Tentang Pengawasan Kualitas Air(Studi Khusus Retribusi Pengelolaan Air di Kelurahan Entrop    Jayapura Selatan Kota Jayapura) Indah Nur Madaniah Latulusi; Zulfadli Zulfadli; Sabar Podu; Rahma Anugraheny; Lukman Ansar
PEPAKEM: JURNAL HUKUM TATA NEGARA DAN POLITIK ISLAM Vol 4 No 1 (2026): Mei 2026
Publisher : Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/pepakem.v4i1.638

Abstract

This study examines the implementation of Jayapura City Regional Regulation Number 12 of 2007 on Water Quality Supervision in the management of a water source in Entrop Village and evaluates it from the perspective of siyasah dusturiyah. The study employed an empirical legal method using statutory, conceptual, and sociological approaches. Primary data were collected through non-participant observation and interviews with the manager’s assistant, a household consumer, and a water-tanker driver, while secondary data were obtained from legislation, books, journal articles, and related documents. The data were analyzed qualitatively through reduction, categorization, legal interpretation, and conclusion drawing. The findings show that the water source has been utilized and distributed to the public at a relatively affordable price; however, the supervision process has not been supported by adequate documentation concerning laboratory results, testing parameters, examination frequency, the identity of the examining institution, and follow-up measures. The levy provisions contained in Regional Regulation Number 12 of 2007 can no longer serve as the legal basis for collection because they were revoked by Jayapura City Regional Regulation Number 3 of 2012, while groundwater tax obligations must be determined under the current regulatory framework. From the perspective of siyasah dusturiyah, the management practice has fulfilled certain elements of public benefit and distributive justice, but it has not fully satisfied the principles of legal compliance, trustworthiness, transparency, accountability, public health protection, and environmental sustainability. This study recommends harmonizing government supervision, recognition of customary land rights, and administrative compliance.
Restructuring Electoral Cycles: Remedial Calibration and Legislative Discretion in Indonesia’s Constitutional Court Decision No. 135/PUU-XXII/2024 Satriadi; Lisma Lisma; Lukman Ansar; Tarmizi; Sabar Podu; Wira Kafryawan; David Aprizon Putra
Constitutional Law Review Vol. 5 No. 1 (2026)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/clr.v5i1.6029

Abstract

Constitutional Court Decision No. 135/PUU-XXII/2024 restructures Indonesia’s electoral system by separating national and subnational elections and prescribing an interval of between two and two and a half years. This article evaluates the constitutional legitimacy of that intervention through doctrinal constitutional research and functional comparison. It develops a two-level framework distinguishing structural justification from remedial calibration. The analysis finds that the Court had a defensible constitutional basis for separating the two electoral cycles, given concerns relating to popular sovereignty, electoral quality, institutional capacity, political recruitment, and legislative inertia. However, the judgment provides a weaker constitutional and evidential basis for prescribing the precise temporal interval. It does not sufficiently explain why the selected minimum and maximum periods were necessary or why less intrusive remedies preserving greater legislative discretion would have been inadequate. The article argues that open legal policy neither immunises electoral legislation from review nor permits complete judicial displacement of legislative choice. Legitimate constitutional remedies must remain proportionate, evidence-based, and attentive to institutional competence.
Agrarian Reform, Institutional Fragmentation and Land Justice in Indonesia A. Sultan Sulfian; Lukman Ansar; Firdaus; Nahi Hashim Fathi Aboalela; Mohammad Yusuf Musa Albarahmeh
Al-Adalah: Jurnal Hukum dan Politik Islam Vol. 11 No. 2 (2026)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v11i2.10370

Abstract

This article examines the acceleration of agrarian reform in Indonesia as a strategic instrument for achieving justice in land ownership, with a focus on the implementation of Presidential Regulation No. 62 of 2023. Despite successive reform initiatives, persistent structural inequalities in land tenure continue to generate agrarian conflicts, social exclusion, and unequal economic access. Using a normative legal approach based on statutory, conceptual, and legal-theoretical analysis, the study evaluates the regulatory framework and its implementation within Indonesia’s land governance system. The findings indicate that Presidential Regulation No. 62 strengthens the institutional framework for agrarian reform, yet implementation remains constrained by overlapping sectoral regulations, fragmented land administration, incomplete land data, and limited institutional capacity. These barriers hinder equitable land redistribution and legal certainty for communities. The study argues that agrarian reform should be understood not merely as a redistributive policy, but as a transformative mechanism for promoting social justice, economic inclusion, and sustainable rural development. Effective reform thus requires regulatory harmonization, institutional strengthening, transparent monitoring, and meaningful community participation, providing insights for both legal scholarship and policy practice.
Reconstruction of the Authority of the Papuan People's Assembly Based on the Principles of Siyasah Syar'iyyah: A Study of the Function of Cultural Representation Lukman Ansar; Sabar Podu; Lisma; Satriadi; Zulfadli; Dandi Wahyudin; Andi Miftahul Maulidil Mursyid
Al-Adalah: Jurnal Hukum dan Politik Islam Vol.11 No.1 (2026)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v11i1.10900

Abstract

This article examines the structural limitation of authority exercised by the Papuan People’s Assembly (Majelis Rakyat Papua -MRP), a cultural representative institution established under Indonesia’s Special Autonomy framework. Despite its strong moral and cultural legitimacy to protect the identity and fundamental rights of Indigenous Papuans, MRP’s authority remains largely procedural, creating a persistent gap between its normative mandate and practical influence in regional governance. Existing studies tend to frame this limitation as an administrative or political issue, leaving its normative and theoretical dimensions underexplored. This study offers a conceptual reconstruction of MRP’s authority through the lens of Siyasah Syar’iyyah, employed as a normative governance framework rather than a merely ethical reference. Using a normative juridical method that integrates conceptual, statutory, and historical approaches, the research develops a prescriptive model grounded in the principles of al-maslahah (public welfare), al-‘adl (justice), and hifz al-‘ird (protection of dignity). The findings demonstrate that this framework enables a redefinition of MRP from a symbolic cultural body into a substantive guardian of Indigenous interests with strengthened consultative authority possessing normative effects. The article contributes by bridging Islamic political jurisprudence and indigenous governance, while offering a normative-institutional basis for enhancing cultural justice within Papua’s Special Autonomy system.
Negotiation of State and Customary Authority over Village Governance in Jayapura Regency Faisal; Lukman Ansar; Tarmizi; Dandi Wahyudin; Andi Sugirman
Al-Bayyinah Vol. 10 No. 1 (2026): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v10i1.11726

Abstract

This study aims to examine the dynamics of authority negotiations between state authorities and customary institutions in the administration of village governance in Jayapura Regency. Normatively, the existence of customary law communities is constitutionally guaranteed through Article 18B of the 1945 Constitution, which was further strengthened in Law Number 21 of 2001 concerning Special Autonomy for Papua. Using qualitative methods with a socio-legal approach, this study found that the Jayapura Regency Government, through Regional Regulation Number 8 of 2016, has taken progressive steps by integrating customary leadership structures into the formal administrative system through the Customary Village (Kampung Adat) scheme. The research findings indicate a dual power structure, in which Ondoafi performs roles encompassing governance, norm formation, and dispute resolution based on charismatic legitimacy that intersects with the demands of modern bureaucracy. The authority negotiation process is intense, particularly in the context of customary land (ulayat) management and conflict resolution through the Para-Para Adat mechanism, which, in practice, is considered more effective in maintaining social cohesion than formal judicial mechanisms. However, this integration still faces various obstacles, particularly the tension between state administrative standards and the genealogical and communal nature of traditional leadership. In conclusion, strengthening the position of Ondoafi as a liaison between investment interests and the protection of customary rights is a key factor in the successful implementation of special autonomy, while remaining within a framework of public accountability and respect for human rights principles.
Co-Authors A. Sultan Sulfian Adelvia, Adelvia Amalia Diamantina Amir, Irfan Amir, Irfan Amri Amri Andi Miftahul Maulidil Mursyid Andi Sugirman Budi Firamulia, Muhammad Tryas Dandi Wahyudin David Aprizon Putra Dewi Arnita Sari Een Rizki Amaliyah Faisal Firdaus H, Hasmiyati Hasmiyati, Hasmiyati Indah Nur Madaniah Latulusi Lisma Lisma Lisma Ma'adul Yaqien Makkarateng Ma’adul Yaqien Makkarateng Mochammad Arifin Mohammad Yusuf Musa Albarahmeh Nahi Hashim Fathi Aboalela Podu, Sabar Rahma Anugraheny Ridwan P, Muh. Sabar Podu Sabar Podu Sari, Dewi Arnita Satriadi Satriadi Setyawanta, Lazarus Tri Shofwan Al Jauhari Suandi Suandi Supriadi Supriadi Sylviah Syuaib, Nurul Aqarrah Tarmizi Tarmizi Tarmizi Tarmizi Wira Kafryawan Zulfadli Zulfadli Zulfadli Zulfadli Zulfadli Zulfadli