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All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum Jurnal Ilmu Hukum KYADIREN
Teuku Ahmad Dadek
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Religion Law, Crime, Criminology & Criminal Justice

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Meaningful Participation in Lawmaking: A Case Study Of The 2025 TNI Law Amendment Kurdi; R. Muhamad Ibnu Mazjah; Teuku Ahmad Dadek
Al-Risalah Vol 25 No 1 (2025): MAY (2025)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.v25i1.56574

Abstract

More meaningful community participation must be applied in the preparation of laws and regulations so that the resulting legal products are responsive or autonomous. Meaningful participation is not applied in the drafting of the TNI Bill. The purpose of this research is to find out the arrangement of meaningful participation in the formation of legislation based on the PUU Law. In addition, it is also to find out the application of meaningful participation in the formation of Law No. 3 of 2025 (TNI Law). This research method is normative juridical with a statutory and conceptual approach, using legal material collection techniques with literature studies. The results showed that meaningful participation is regulated in Article 96 of the PUU Law and must be applied in the drafting of laws and regulations, including the drafting of the TNI law. However, meaningful participation has not been applied perfectly in the drafting of the TNI Law, because public participation in its drafting is still limited to hearing their opinions in public consultation activities, but the legislators do not seriously consider the opinions of civil society, and also do not provide an explanation for the reasons for not using their opinions. In addition, it is difficult for the public to access the academic papers and draft of the TNI Bill because they are not uploaded on the DPR's official website.
The Effectiveness of Administrative Sanctions as an Alternative to Criminal Law Enforcement in the Environmental Sector Kurdi, Kurdi; Armansyah, Armansyah; Teuku Ahmad Dadek
Jurnal Ilmu Hukum Kyadiren Vol 7 No 2 (2026): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i2.365

Abstract

The escalating intensity of environmental violations in Indonesia necessitates the strengthening of effective law enforcement mechanisms, particularly following the enactment of the Job Creation Law and Government Regulation No. 22 of 2021, which redefined administrative sanctions as the primum remedium. This study examines the evolution of administrative legal instruments within the environmental law enforcement system and assesses the effectiveness of administrative sanctions—including government coercion and administrative fines—in preventing and addressing environmental violations. The research employs a normative–empirical juridical approach through regulatory analysis, case studies, and interviews with regional environmental inspectors. The findings reveal that administrative sanctions are implemented more swiftly, align more closely with the principles of ecological restoration, and exert a stronger influence on the economic motivations of violators compared to criminal sanctions. Nevertheless, their effectiveness remains constrained by limited human resources, inadequate supervisory budgets, and weak regional political commitment. The study concludes that administrative instruments hold a strategic role as the primary mechanism for environmental law enforcement, yet require institutional strengthening and integrated policy support to operate optimally.
Judicial Overreach in Constitutional Court Decisions: Navigating the Boundary Between Constitutional Interpretation and Judicially Created Legislation Kurdi, Kurdi; Joko Cahyono; Teuku Ahmad Dadek
Jurnal Ilmu Hukum Kyadiren Vol 7 No 2 (2026): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i2.366

Abstract

The imbalance between the Constitutional Court’s prescribed authority and its growing tendency to expand its judicial function has raised significant concerns regarding judicial overreach in Indonesia’s constitutional system. This study seeks to identify the defining characteristics of judicial overreach and to delineate the boundaries between legitimate constitutional interpretation and covert judicial lawmaking. It further evaluates the implications of this phenomenon for democratic legitimacy, public trust, and adherence to the separation-of-powers principle. Employing normative legal research methods, this study utilizes statutory, conceptual, and case-law analyses with a particular focus on Constitutional Court Decision No. 90/PUU-XXI/2023. The findings reveal a shift in the Constitutional Court’s role from a negative legislator to a positive legislator, evidenced by expanded interpretations unsupported by constitutional text and inconsistencies with established precedents. These developments have undermined public confidence and contributed to increasing constitutional uncertainty. The study concludes that stricter limitations on the Court’s interpretive discretion and enhanced judicial accountability are essential to preserving the integrity of constitutional review within Indonesia’s democratic framework.
Legal Analysis of Ownership Rights to Intangible Movable Property (Digital Assets) From the Perspective of Property Law In Indonesia Kurdi; Muhammad Rizqi Alfarizi Ramadhan; Teuku Ahmad Dadek
Al-Risalah VOLUME 26 NO 1, MAY (2026)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.62995

Abstract

The The rapid development of digital assets has posed fundamental challenges to Indonesia's property law system, which is still based on the colonial-era Civil Code (KUHPerdata). This legal system is inadequate to accommodate digital assets, resulting in legal vacuums and regulatory paradoxes. This study aims to analyze the status and regulation of digital asset ownership in Indonesia's property law system and the effectiveness of civil law protection for asset owners in ownership disputes. This research uses a normative approach by analyzing relevant legislation and legal doctrines. The results of the study show that there are legal loopholes and regulatory paradoxes in the regulation of digital asset ownership. The classification of digital assets as “intangible movable property” causes fatal incompatibilities in the process of transferring rights. Legal protection for digital asset owners is also illusory due to procedural paralysis. This study recommends a two-pronged reform, namely redefining the concept of “wealth” in the Draft Civil Code to include digital assets and drafting a lex specialis that regulates the procedural law of evidence and execution of digital assets. Thus, it is hoped that effective legal certainty can be created for digital asset owners in Indonesia.
Co-Authors Armansyah Joko Cahyono Kurdi Kurdi Kurdi Muhammad Rizqi Alfarizi Ramadhan Raden Muhamad Ibnu Mazjah