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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Substantive Justice International Journal of Law Jambe Law Journal Jambura Law Review Kanun: Jurnal Ilmu Hukum JILS (Journal of Indonesian Legal Studies)
Murbani, Anastasia Wahyu
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Law, Crime, Criminology & Criminal Justice

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Restructuring of State Ministry Authority: Fostering Efficiency Based on Lean Governance Principles Arifin, Firdaus; Maarif, Ihsanul; Kurniati, Yeti; Bahri, Robi Asadul; Murbani, Anastasia Wahyu
Susbtantive Justice International Journal of Law Vol 7 No 2 (2024): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v7i2.294

Abstract

The present study sets out to explore the application of lean governance principles to streamline state ministries' bureaucratic structures, with a focus on reducing waste and optimizing workflow. It is hypothesized that such an approach would enhance the responsiveness of public services, thereby addressing the inefficiencies in decision-making and resource wastage that are often observed in bloated bureaucratic structures, where ministries frequently have overlapping authority. A normative juridical research method was used to foster relevant regulations and assess the compatibility of the concept within the context of government administration. The findings indicate that lean governance can reduce redundancy and improve efficiency through authority restructuring, simplifying bureaucratic processes, and strengthened inter-agency coordination. The implications of this study include the need for regulatory adjustments to support authority restructuring and enhanced information technology to improve transparency and accountability. Consistent implementation of lean governance is expected to create a more responsive and adaptive government, ultimately fostering greater public trust in the public sector.
Reforming Indonesia’s Electoral System: Legal and Policy Considerations Arifin, Firdaus; Maarif, Ihsanul; Bunyamin, Bunyamin; Bahri, Robi Asadul; Murbani, Anastasia Wahyu
Jambe Law Journal Vol. 8 No. 1 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v8i1.501

Abstract

The regulatory fragmentation between the Election Law and the Regional Election Law has created overlapping policies, misaligned oversight, and administrative inefficiencies that undermine the legitimacy of democracy in Indonesia. This study aims to analyze the legal and policy challenges in integrating the electoral and regional election systems to improve efficiency, transparency, and accountability in democratic governance. The research employs a normative legal approach through legislative analysis, conceptual exploration, and comparative studies of integrated electoral systems in the Philippines and Mexico. The findings indicate that integrating electoral and regional election systems can reduce operational costs, strengthen oversight mechanisms, and enhance public trust in election outcomes. However, this requires regulatory harmonization, the strengthening of information technology infrastructure, and capacity-building for electoral management bodies. The implications of this research include recommendations for holistic legal reforms to align election regulations and the implementation of evidence-based policies involving various stakeholders in the policymaking process. This study contributes to constitutional law and democratic governance in Indonesia by analyzing the legal inconsistencies between the Election Law and the Regional Election Law and proposing a harmonization framework to improve regulatory coherence and institutional effectiveness
NAVIGATING LEADERSHIP TRANSITIONS: THE CHALLENGES AND IMPLICATIONS OF INTERIM AUTHORITY IN INDONESIAS REGIONAL GOVERNANCE Arifin, Firdaus; Farma, Mella Ismelina; Maarif, Ihsanul; Murbani, Anastasia Wahyu; Prihartanto, Yudi
Kanun Jurnal Ilmu Hukum Vol 27, No 1: April 2025: Customary Law and development in Indonesia
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v27i1.41841

Abstract

The limitations placed on the authority of interim Regional Heads, as outlined in Indonesian Law Number 23 of 2014 on Regional Governance, present significant challenges to the continuity of strategic decision-making during leadership transitions. The ambiguity surrounding the scope of interim authority often results in stagnation in public policy implementation, adversely impacting regional development and governance. This study examines the philosophical underpinnings and legal foundations of interim authority, while also evaluating the tangible effects of these limitations on the functioning of regional government. Utilizing a normative legal methodology that incorporates both statutory and conceptual approaches, this research is grounded in a thorough review of primary and secondary legal sources. The findings indicate that interim authority should be viewed as a constitutional mandate designed to ensure the seamless operation of government, despite its temporary nature. However, in practice, stringent normative constraints can lead to a significant leadership vacuum and create opportunities for political interference. These findings underscore the necessity for regulatory reform that provides interim Regional Heads with appropriate flexibility in making strategic decisions, all while maintaining the principles of accountability and oversight. Such policy reforms are essential for sustaining an effective and responsive regional government in the face of political dynamics and leadership transitions.
Legal and Constitutional Gaps in Strategic Environmental Assessment: Between Formality and Substantive Environmental Protection in Indonesia Arifin, Firdaus; Rahayu, Mella Ismelina Farma; Maarif, Ihsanul; Susanto, Anthon F; Murbani, Anastasia Wahyu
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 2 (2025): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v13i2.1698

Abstract

The Indonesian Strategic Environmental Assessment (SEA) is governed by Law No. 32 of 2009 on Protection and Management of the Environment. However, the implementation of Strategic Environmental Assessment still faces significant challenges, especially in fulfilling the constitutional rights of citizens to a healthy and sustainable environment. The misalignment between Strategic Environmental Assessment (SEA) practices and constitutional principles, particularly regarding transparency, public participation, and environmental justice, has contributed to violations of environmental rights and the perpetuation of social injustice in the development processes. This study aims to analyze the constitutionality of SEA’s application in the context of sustainable development in Indonesia. This study uses a normative legal method with legislative, conceptual, and comparative approaches. The research results indicate that the implementation of SEA is still inconsistent with the Constitution, particularly in protecting environmental rights. Weakness of oversight and the lack of sanctions for violations of the Environmental Impact Assessment are the main obstacles to its implementation. This study has implications for the need for reforms in law enforcement, strengthening of oversight, and increasing community participation in the SEA process to ensure environmental protection and citizens’ constitutional rights.
Institutional Configuration and Competence of the Special Judiciary for Regional Election Disputes: A Comparative Study and Prospects for Implementation Arifin, Firdaus; Maarif, Ihsanul; Suryana, Cece; Sugiarti, Taty; Murbani, Anastasia Wahyu
Jambura Law Review VOLUME 7 NO. 2 JULY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i2.30949

Abstract

The dispute resolution system for Regional Head Elections in Indonesia continues to face challenges related to fragmented authority, inconsistencies in judicial decisions, and procedural limitations, which may lead to legal uncertainty and undermine the legitimacy of election outcomes. This study aims to explore the weaknesses of the existing system and propose a more effective institutional model for resolving Pilkada disputes. Employing a normative legal approach with a comparative study method, this research analyzes electoral judicial systems in Mexico, the Philippines, and Germany to identify institutional principles that can be adapted to the Indonesian legal framework. Additionally, this study examines the national legal framework, including Constitutional Court rulings on Pilkada dispute resolution, to assess the effectiveness and limitations of the current mechanisms. The findings indicate that Indonesia’s Pilkada dispute resolution system still suffers from overlapping jurisdiction among institutions, inconsistencies in judicial rulings, and delays in dispute resolution processes. Comparative analysis suggests that a more integrated system, is more effective in ensuring legal certainty and judicial independence. Therefore, this study recommends the establishment of a specialized judicial body for Pilkada disputes, endowed with exclusive jurisdiction, institutional independence, and a transparent and expedited dispute resolution process. The implications of this research highlight that institutional reform in Pilkada dispute resolution is crucial for enhancing public trust in the electoral judicial system, strengthening electoral democracy, and upholding the rule of law in Indonesia’s  Regional Head Elections  process.
The Constitutionality of E-Voting in the Transformation of Digital Democracy: A Normative Analysis and Implications for Electoral Legitimacy Arifin, Firdaus; Maarif, Ihsanul; Suryana, Cece; Permana, Fikri Chandra; Murbani, Anastasia Wahyu
Journal of Indonesian Legal Studies Vol. 10 No. 1 (2025): Legal Transformation and Policy Challenges in Indonesia: Navigating Technology
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i1.21193

Abstract

Digital technology has changed many parts of life, including how democracies and elections work. Electronic voting, or E-Voting, is a new idea that could make elections better and more open for everyone. But Indonesia still has big problems with putting it into practice. These problems involve legal issues, technical difficulties, and whether people trust elections that use technology. This study looks at if E-Voting fits Indonesia's constitution, what the main problems are, and what other countries do that Indonesia could use. This research uses legal analysis, comparing different systems, and looking at ideas about democratic rules. The results show that Indonesia does not have clear rules for digital elections. This causes problems with legal certainty and could lead to arguments about election results. Also, online security risks and differences in how well people understand technology are important things that could affect how well E-Voting works. The study also found that countries like Estonia, Switzerland, and Brazil have used E-Voting well. They did this by using strong digital checks, strict rules, and independent groups to watch over the process. This study suggests that E-Voting could make Indonesia's democracy more modern. However, it must be put in place slowly, with good rules, and with programs to teach people about digital technology. So, changing laws, making online security better, and teaching voters are important steps. These steps will help make sure that changing to digital elections supports democratic ideas, fair elections, and the power of the people.
Co-Authors Bahri, Robi Asadul Bunyamin Bunyamin Farma, Mella Ismelina Firdaus Arifin, Firdaus Maarif, Ihsanul Mella Ismelina Farma Rahayu Permana, Fikri Chandra Prihartanto, Yudi Sugiarti, Taty Suryana, Cece Susanto, Anthon F Yeti Kurniati