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Problem Solving Over Regulasi di Indonesia Muhammad Khaidir Kahfi Natsir
Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi Vol. 3 No. 3 (2026): Juni : Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/konsensus.v3i3.1755

Abstract

This study examines the phenomenon of regulatory obesity in Indonesia and its implications for legal stability and economic development. As a state based on the rule of law, Indonesia faces challenges arising from the excessive number of regulations and frequent regulatory changes influenced by political interests. This research aims to identify the factors contributing to overlapping regulations and regulatory conflicts and to analyze their impact on governance and economic activities. A qualitative approach was employed using secondary data from official documents, legislation, and relevant literature. The findings show that between 2014 and 2019, Indonesia issued 10,180 regulations, including laws, government regulations, presidential regulations, and ministerial regulations. The large number of regulations has created policy disharmony, particularly across interconnected sectors, resulting in legal uncertainty, administrative inefficiency, and obstacles to economic growth. Furthermore, excessive regulation generates confusion among the public and business actors while reducing the effectiveness of policy implementation. This study recommends the adoption of the Omnibus Law approach as a strategic solution to simplify regulations, improve legal coherence, and enhance regulatory effectiveness. Regulatory reform is therefore essential to create a fair, transparent, and responsive legal environment that supports sustainable development and effective governance in Indonesia.
Integration of Customary Criminal Law in the National Criminal Justice System Based on Pancasila and Progressive Law Ayub Jose Luhut Parulian Simanjuntak; Abdul Malik Mufty; Nurul Chaerani Nur; Vivilia Agnata Mudi; Muhammad Khaidir Kahfi Natsir
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 3 No. 2 (2026): Juni : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v3i2.1722

Abstract

The integration of customary criminal law into Indonesia’s national criminal justice system reflects the constitutional recognition of legal pluralism as stipulated in Article 18B(2) of the 1945 Constitution and reinforced by Article 2 of Law No. 1 of 2023 on the Criminal Code. The dominance of a positivist legal paradigm, which emphasizes written law, has often marginalized living law and reduced the role of restorative justice practiced by indigenous communities. This study aims to analyze the normative position of customary criminal law within the national legal framework, identify conceptual and normative challenges in harmonizing state law and customary law, and formulate a contextual, equitable, and sustainable integration model. The research employs a normative legal approach using statutory, conceptual, and historical-philosophical methods. Data are derived from primary legal materials, secondary legal literature, and tertiary sources to support doctrinal analysis. The findings indicate that the recognition of customary criminal law in the 2023 Criminal Code represents significant progress toward legal pluralism. However, its implementation remains constrained by the absence of implementing regulations, differing interpretations, and the potential subordination of living law to state law. Therefore, integration should be guided by a progressive legal approach and Pancasila values to strengthen indigenous institutions, promote substantive justice, protect vulnerable groups, reduce the burden on formal courts, and support a more inclusive and responsive legal system.
Peluang, Tantangan, dan Harapan Otonomi Daerah Bidang Pendidikan Islam di Indonesia Muhammad Khaidir Kahfi Natsir
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 2 (2026): Juni: Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v4i2.3045

Abstract

This paper discusses the implementation of regional autonomy and its impact on Islamic education in Indonesia, focusing on the challenges and opportunities faced. Although educational decentralization is considered a strategic step to improve the quality of education, there are various obstacles that must be addressed, including the development of regional capacity, the availability of educational resources, and effective leadership. This study aims to explore how regional autonomy can provide flexibility in educational management while identifying issues arising from the lack of coordination between regional and central governments, especially in the management of Islamic educational institutions. The method used is a normative legal approach with descriptive analysis. The research findings indicate that despite efforts to enhance Islamic education, there remain significant gaps in funding, facilities, and educational quality compared to general education. The conclusion drawn is the need for more inclusive and responsive policy reforms to local diversity, as well as the importance of collaboration among government, society, and educational institutions to create a more equitable and quality education system.
Perlindungan Hukum bagi Pedagang Kecil OAP dalam Perdagangan Komoditas Lokal Lestari Wulandari S.; Muhammad Khaidir Kahfi Natsir; Anggriyani Serbunit
Mutiara : Jurnal Penelitian dan Karya Ilmiah Vol. 4 No. 4 (2026): Agustus: Mutiara : Jurnal Penelitian dan Karya Ilmiah
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mutiara.v4i4.3391

Abstract

Small-scale Indigenous Papuan (OAP) traders play an important role in the local trade of commodities such as betel nuts, noken, and agricultural products. However, their trading activities are often based on informal agreements and trust-based relationships, resulting in weak contractual certainty, unequal bargaining positions, and limited legal protection when disputes or non-performance occur. This study aims to analyze the civil law protection available to small-scale OAP traders in local commodity trade and to identify the legal gap between formal civil law and local trading practices. The study employs a normative juridical method using statutory and conceptual approaches. Primary, secondary, and tertiary legal materials are analyzed qualitatively through legal interpretation, systematization, and legal argumentation. The analysis focuses on contractual principles, including freedom of contract, consensualism, good faith, and contractual justice, in relation to the socio-economic and cultural context of Papua. The study is expected to formulate a contextual and equitable model of civil law protection, including a simple contract framework that can strengthen the legal position and bargaining power of small-scale OAP traders. The findings are expected to contribute to the development of adaptive civil law and provide policy recommendations for more inclusive and sustainable local trade.