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All Journal Analisis: Jurnal Studi Keislaman Constitutionale AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW
Yanis, Tryan Zaki Aulia
Unknown Affiliation
Education Law, Crime, Criminology & Criminal Justice Social Sciences

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The Constitutional Court's Assessment of The Relationship between Religion and The State in The Context of Marriage Law Yanis, Tryan Zaki Aulia; Muhtadi, Muhtadi
Analisis: Jurnal Studi Keislaman Vol 23 No 2 (2023): Analisis : Jurnal Studi Keislaman
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/ajsk.v23i2.19686

Abstract

The study of the relationship between religion and the state, especially within the framework of marriage law, is essential in the Indonesian context which has cultural and religious diversity. This research was driven by the need to understand the complexity of the Constitutional Court's interpretation of religious and constitutional principles in regulating marriage. This research is qualitative research and includes normative legal research with a statutory approach. The data analysis method used is content analysis, key decisions of the Constitutional Court which are related to this research. The findings show variations in the Constitutional Court's interpretation of religious and constitutional principles, both emphasizing equality and freedom of religion and strengthening religious norms in marriage laws. The implications of these findings detail the complex dynamics between legal policies, religious values, and constitutional aspects, highlighting the need to maintain a balance between religious principles and the protection of individual rights.
The Unconstitutionality of the Offence of Insulting the Government in the 2023 Criminal Code: A Critical Review of Freedom of Expression Yanis, Tryan Zaki Aulia; Muhtadi; Ahmad Saleh; M. Yanis, Adam
As-Siyasi: Journal of Constitutional Law Vol. 5 No. 1 (2025): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v5i1.24739

Abstract

The reintroduction of provisions on insulting the government in Articles 240 and 241 of Law No. 1 of 2023 has raised significant constitutional concerns, particularly given that similar provisions were previously annulled by the Constitutional Court in Decisions No. 013-022/PUU-IV/2006 and No. 6/PUU-V/2007. This study aims to analyze the rationale behind the reinstatement of these provisions and assess their constitutionality in light of the 1945 Constitution, especially regarding the right to freedom of expression. This study examines primary legal materials and relevant jurisprudence by employing a normative legal research method with conceptual, statutory, and case approaches. The findings show that the government justifies the provisions as social control tools based on insult as mala in se. However, their vague and subjective wording presents substantial risks of arbitrary interpretation, threatening democratic safeguards on criticism and free speech. The research concludes that despite procedural modifications, such as converting the offense into a complaint-based one, the substance of Articles 240 and 241 still contradicts constitutional guarantees and reflects a regression in legal protection for freedom of expression. This study highlights the urgency for more constitutionally aligned legislation and the role of the Constitutional Court as a guardian of democratic rights
Affirmative Policy A Necessity for Fulfilling the Political Rights of Persons with Disabilities Pane, Erina; Yanis, Tryan Zaki Aulia
Constitutionale Vol 4 No 2 (2023)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v4i2.3164

Abstract

Persons with disabilities have political rights. The right to vote and the right to be elected in general elections. This article examines the political rights of persons with disabilities to be elected in general elections. This is important because the representation of persons with disabilities in the public sphere will voice the rights of persons with disabilities. The purpose of this research is to identify the factors that influence the lack of fulfillment of these political rights for persons with disabilities and to examine the fulfillment of their political rights through affirmative policies. The method used in this research is qualitative with a descriptive analytical approach. Primary data was obtained through in-depth interviews with several informants. Factors contributing to the lack of fulfillment of the political rights of persons with disabilities include education level, welfare, and lack of support from the environment and family. Affirmative policies can serve as an alternative to represent persons with disabilities in the public sphere.
Co-Authors Ahmad Saleh Erina Pane M. Yanis, Adam Muhtadi Muhtadi Muhtadi