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All Journal Kanun: Jurnal Ilmu Hukum Constitutional Law Review
Fathi Aboalela, Nahi Hashim
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Environmental Science Law, Crime, Criminology & Criminal Justice

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Evaluation of Regional Policy Regarding Street Vendors: A Case Study of Bone Regency from the Perspective of Siyasah Syar’iyyah Sattuo, Muhammad; Maskawati, Maskawati; Fathi Aboalela, Nahi Hashim
Constitutional Law Review Vol. 4 No. 1 (2025)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/clr.v4i1.5723

Abstract

This study evaluates the implementation of Regional Regulation No. 1 of 2020 in Bone Regency, focusing on the consistency between legal provisions, field practices, and normative justice principles. Adopting a juridical-empirical approach, the research integrates normative legal analysis with interviews and field observations of street vendors (PKL). The findings indicate that despite formal regulations on zoning, operational hours, and empowerment, implementation is hindered by weak enforcement, limited awareness of legal norms among vendors, and minimal stakeholder participation. These gaps result in tensions between local policy objectives and constitutional guarantees, particularly the right to work and livelihood. From the perspective of Siyasah Syar’iyyah, the policy lacks full alignment with the principles of al-maslahah al-‘ammah, distributive justice, and the protection of vulnerable groups. This study contributes an integrative legal-ethical framework, bridging positive law with Islamic values, and recommends a participatory governance model to enhance legal legitimacy and social justice in informal sector regulation.
FREEDOM OF CONTRACT AND STATE INTERVENTION IN INDONESIA AND SUDAN: FOREIGN INVESTMENT LAW PERSPECTIVE Pradnya Radjani, Ni Wayan Julia; Agus Kurniawan, I Gede; Fathi Aboalela, Nahi Hashim
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.v27i1.51793

Abstract

This study examines the relationship between freedom of contract and state intervention within the framework of foreign investment law in Indonesia and Sudan, focusing on how both countries balance legal certainty for investors with the protection of national interests. Employing a normative legal research method with comparative and conceptual approaches, this study analyzes primary legal sources, i.e. the 1945 Constitution of Indonesia, Sudans Investment Promotion Act (2021), and relevant investment regulations, alongside secondary sources including academic literature and economic policy documents. The findings reveal that Indonesia adopts a regulated freedom model, where the principle of contractual autonomy is recognized insofar as it aligns with the constitutional mandate of Article 33 of the 1945 Constitution through the doctrine of State Control Rights (Hak Menguasai Negara, HMN). State intervention is implemented under the Right to Regulate framework, particularly through strategic sector restrictions and the industrial downstreaming (hilirisasi) policy designed to ensure domestic value creation. Conversely, Sudan applies a value-based freedom model rooted in Islamic law, in which contractual freedom is constrained by the principles of Hisbah and prohibitions against riba (usury), gharar (uncertainty), and maysir (speculation). The legitimacy of Sudans intervention also derives from post-conflict reconstruction needs and the imperative to safeguard economic stability. The comparative analysis demonstrates that although their philosophical foundations differ, both countries reject the notion of absolute contractual freedom and reaffirm that state sovereignty remains a fundamental element in their investment law regimes. This research emphasizes the importance of a socially responsible freedom model as a convergence point between national investment law and the evolving global economic legal order.
Co-Authors I Gede Agus Kurniawan Maskawati, Maskawati Pradnya Radjani, Ni Wayan Julia Sattuo, Muhammad