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All Journal Masalah-Masalah Hukum JPPUMA: Jurnal Ilmu Pemerintahan dan Sosial Politik Universitas Medan Area Jurnal Ilmiah Hukum LEGALITY Journal of Government and Civil Society DE LEGA LATA: Jurnal Ilmu Hukum Kosmik Hukum Pagaruyuang Law Journal JHR (Jurnal Hukum Replik) Indonesian Journal of Law and Policy Studies Jurnal Inovasi dan Kreativitas (JIka) Jurnal Dedikasi Hukum Journal of Law and Legal Reform Lex Scientia Law Review Jurnal Pengabdian Hukum Indonesia Jurnal Jurisprudence Indonesian Constitutional Studies Indonesian Court and Justice Review Indonesian Minority Justice Review Lentera Masyarakat Hukum Contemporary Issues on Indonesian Human Rights Law and Policy
Amiludin, Amiludin
Faculty Of Law, Universitas Muhammadiyah Tangerang
Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Oligarchy vs. Sovereignty: Constitutional Amendments and the Democratic Regression of Indonesia’s Post-Reform Era Amiludin Amiludin; Bahtiar Amrullah; Tajudeen Sanni; Zaharuddin Sani Ahmad Sabri; Bayangsari Wedhatami
Indonesian Constitutional Studies Vol. 1 No. 1 (2025): Indonesian Constitutional Studies, April 2025
Publisher : ARTES LIBRES INSTITUTUM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67912/ics.v1i1.10

Abstract

This study examines the paradoxical role of Indonesia’s post-Reform constitutional amendments, which, while designed to enhance democracy, have inadvertently facilitated oligarchic capture and democratic regression. The primary objective is to analyze how constitutional design, though formally advancing popular sovereignty, created institutional arrangements that allowed entrenched elites to mediate, constrain, and often subvert the people’s will. Employing a doctrinal legal method complemented by comparative and conceptual analysis, the research evaluates Indonesia’s constitutional amendments of 1999–2002, relevant statutes, and Constitutional Court jurisprudence, situating these within broader global patterns of democratic backsliding in Latin America, Eastern Europe, and the United States. The analysis integrates theoretical insights from Robert Dahl’s polyarchy, Michael Walzer’s spheres of justice, and Jeffrey Winters’ theory of oligarchy to illuminate the nexus between economic power and political sovereignty. The findings reveal that while the amendments formally entrenched rights, strengthened checks and balances, and institutionalized elections, they simultaneously empowered political parties as gatekeepers, entrenched money politics, weakened oversight institutions such as the Constitutional Court and Corruption Eradication Commission, and left socio-economic inequalities unaddressed. These dynamics have gradually hollowed out the substantive content of sovereignty, embedding oligarchic dominance within constitutional practice. The study concludes that reform-oriented constitutionalism must extend beyond textual guarantees to address structural inequalities, democratize political parties, fortify accountability institutions, and embed participatory safeguards. By integrating lessons from comparative constitutionalism, Indonesia can reimagine its constitutional order to resist oligarchic entrenchment and reclaim the democratic promise of Reform.
A New Era in the Implementation of Rehabilitation and Compensation Rulings in State Administrative Courts Tri Cahya Indra Permana; Amiludin Amiludin
Journal of Law and Legal Reform Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.14524

Abstract

The implementation of court rulings on rehabilitation and compensation in the State Administrative Court has entered a new era with the issuance of execution guidelines for the supervision of rulings with permanent legal force by the Head of the State Administrative Chamber of the Supreme Court of the Republic of Indonesia. These guidelines mark the first time in the history of the Supreme Court that a compensation amount has been reassessed and determined by the Serang State Administrative Court due to the failure to implement rehabilitation in an employment dispute. The compensation awarded does not refer to Government Regulation No. 43 of 1991, which limits compensation to between one hundred thousand rupiah and two million rupiah, but instead is based on the actual losses of the petitioner. This practice has set a positive precedent for the execution of compensation or monetary payments, which is expected to be followed by other State Administrative Courts. It is hoped that the Plaintiffs/Execution Applicants will follow the legal enforcement procedures outlined in the Minister of Finance Regulation Number 80/PMK.01/2015 regarding the Implementation of Legal Decisions, enabling the realization of compensation payments, and it is recommended that the Minister of Finance execute the legal decisions, especially the Supreme Court's re-determination regarding the compensation payment amount, so that justice for the Plaintiffs/Execution Applicants can be fully realized.
Foreign Investment in Agricultural Land and Legal Protection of Local Farmers (A Comparative Study between Indonesia and Thailand) Amiludin Amiludin; Suhadi Suhadi; Rofi Wahanisa
Kosmik Hukum Vol. 26 No. 2 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i2.29713

Abstract

This study examines the ownership and control of agricultural land by foreign investors in Indonesia and Thailand, an issue closely related to agrarian sovereignty and the protection of local farmers. The research is motivated by pressures from globalization and economic liberalization, which encourage foreign investment but risk the dominance of capital over agricultural land. The objectives are to analyze the legal framework, mechanisms for farmer protection, regulatory differences between the two countries, and implementation challenges. The research questions focus on how the law regulates foreign land ownership, the legal protection available for farmers, and the key differences between Indonesia and Thailand. This study uses a normative juridical approach with comparative legal analysis, relying on primary, secondary, and tertiary legal sources, and is analyzed qualitatively. Findings indicate that Indonesia restricts foreign ownership through limited rights and domestic legal entities, yet weak enforcement, fragmented oversight, and nominee arrangements allow de facto control by foreign investors. Thailand enforces stricter restrictions, effective corporate oversight, and limited-use rights for farmers, ensuring stronger legal protection. Policy recommendations include comprehensive agrarian law reform, establishment of cross-sector coordinating institutions, strengthened investment supervision, and mandatory application of Free, Prior, and Informed Consent (FPIC) to protect farmers. The study contributes academically to comparative agrarian law research and provides normative guidance for policymakers.
The Indonesian Constitutional Court and the 2024 Presidential Election: A New Role in Electoral Integrity? Muhammad Asmawi; Amiludin Amiludin
Indonesian Court and Justice Review Vol. 2 No. 2 (2025): May, 2025
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/ermhzm84

Abstract

The 2024 Presidential Election in Indonesia has positioned the Constitutional Court as a pivotal institution in safeguarding electoral integrity. Historically tasked with resolving electoral disputes, the Court’s expanded involvement in pre-election processes, including candidate eligibility and the interpretation of constitutional requirements, has raised critical questions about its neutrality, legitimacy, and institutional boundaries. This study analyzes the evolving role of the Constitutional Court in the 2024 electoral context, particularly its controversial ruling on age requirements for presidential and vice-presidential candidates. Employing a legal-political analysis, this research examines court decisions, political discourse, and media framing to understand how judicial interpretations affect public trust and the democratic process. The findings suggest a shift in the Court’s function—from a post-election arbiter to a proactive political actor—creating tensions between legal reasoning and perceived political alignment. While some decisions have contributed to legal clarity, others have sparked accusations of partisanship and judicial activism. The study highlights the broader implications of this trend for the separation of powers, rule of law, and democratic consolidation in Indonesia. The novelty lies in its timely analysis of the 2024 election as a legal stress test for the Court’s institutional credibility. It offers recommendations to reinforce judicial independence and electoral accountability in future cycles.
Beyond Recognition: Constitutional Failure and the Everyday Justice of Indigenous Peoples in Indonesia's Agrarian Conflicts Amiludin Amiludin; Suhadi Suhadi
Indonesian Minority Justice Review Vol. 3 No. 1 (2026): January, 2026
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/hj0bfx59

Abstract

Constitutional recognition of indigenous peoples has not necessarily translated into effective protection against dispossession, land conflict, and resource exploitation. This article examines the gap between formal recognition and substantive justice in agrarian conflicts involving indigenous communities in Indonesia. The research asks why constitutional and statutory recognition frequently fails to provide effective remedies when indigenous territories overlap with state concessions, infrastructure projects, or corporate activities. Using a normative and socio-legal approach, the study analyzes constitutional provisions, legislation concerning indigenous peoples and natural resources, selected judicial decisions, and documented agrarian conflicts. The article argues that recognition-based approaches are insufficient when legal protection remains conditional upon complex administrative procedures and fragmented institutional authority. In practice, indigenous communities may be required to prove their existence, territorial boundaries, and customary status before accessing rights that should function as substantive guarantees. The analysis further demonstrates that the fragmentation of land, forestry, and local-government regimes creates structural barriers to effective remedies. The article therefore proposes a shift from recognition as a precondition toward recognition as an enforceable constitutional obligation accompanied by accessible remedies. It concludes that meaningful indigenous justice requires institutional coordination, stronger protection against dispossession, and judicial approaches that prioritize substantive equality over formalistic administrative classifications. The study contributes to debates on constitutionalism, indigenous rights, and transformative justice in Indonesia.
Addressing Land Disputes Through Legal Education: A Case Study in the Customary Community of Baduy, Banten Amiludin Amiludin; Abdul Ghani; Nuruddin Ahmad
Lentera Masyarakat Hukum Vol. 2 No. 4 (2025): October, 2025
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/sgh3hq49

Abstract

Introduction:Customary communities in Indonesia, such as the Baduy in Banten, possess unique land tenure systems rooted in ancestral traditions. However, increasing external pressures—including state development projects and land commodification—have triggered land disputes that challenge the integrity of customary law and the community’s territorial rights. Purpose:This study investigates how legal education can serve as a tool to address land disputes in the Baduy community by enhancing understanding of both customary and formal legal frameworks. Method:A qualitative case study method was employed, combining ethnographic fieldwork, semi-structured interviews with community members and legal facilitators, and analysis of statutory and customary land regulations. The research focused on participatory legal education efforts carried out by civil society organizations in partnership with local customary authorities. Findings and Results:The findings indicate that community-based legal education improved the Baduy people's ability to articulate their land rights in formal legal terms without undermining their customary values. The initiative contributed to more effective mediation in ongoing disputes and increased community engagement with external legal institutions. It also fostered dialogue between local leaders and government officials on land recognition issues. Urgency:With land pressures mounting in indigenous territories across Indonesia, there is a critical need for culturally sensitive legal interventions that empower customary communities without eroding their traditions. Contribution:This study demonstrates how legal education, when tailored to local sociocultural contexts, can bridge the gap between state law and customary law. It offers a model for rights-based approaches to dispute resolution in indigenous communities. Recommendation:Legal aid programs and land governance policies should integrate customary law principles and support legal education that respects indigenous knowledge systems. Government agencies should collaborate with customary leaders to ensure more inclusive and equitable land dispute mechanisms.
Women’s Land Rights in Indonesia: A Human Rights Perspective on Agrarian Reform Aprila Niravita; Souad Ezzerouali; Suhadi Suhadi; Amiludin Amiludin
Contemporary Issues on Indonesian Human Rights Law and Policy Vol. 2 No. 1 (2025): January, 2025
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/32gshe70

Abstract

This paper critically examines women’s land rights in Indonesia, focusing on how agrarian reform policies intersect with gender equality and human rights. Despite significant legal advancements in gender equity, women in rural and agrarian communities face persistent challenges in securing land ownership and control. Drawing on case studies from various provinces, the study explores the impact of Indonesia’s agrarian reform programs on women’s access to land and their ability to participate in decision-making processes related to land use. It analyzes the legal framework governing land rights, particularly the 1960 Basic Agrarian Law, and assesses its effectiveness in ensuring gender-inclusive land distribution. The paper also examines how social norms, patriarchy, and cultural practices impede women’s rights to own and control land. Using a human rights perspective, it emphasizes the need for reforms that address these structural barriers and promote gender justice in land governance. The research advocates for the integration of a gender-sensitive approach into Indonesia’s agrarian policies, highlighting the importance of land rights as a fundamental aspect of women’s economic empowerment and social justice. The paper concludes by proposing policy recommendations aimed at securing women’s land rights and ensuring their full participation in the nation’s agrarian reform agenda.
Academic Freedom and Freedom of Expression in Indonesian Universities: Assessing the Protection of Student Activism Ridwan Arifin; Amiludin Amiludin; Varun Chhachhar
Contemporary Issues on Indonesian Human Rights Law and Policy Vol. 3 No. 2 (2026): April, 2026
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/nehmhh41

Abstract

Universities serve as important spaces for intellectual debate, political discussion, and civic participation. However, student activism may generate tensions with institutional disciplinary rules, campus security policies, and governmental regulation. This article examines the protection of academic freedom and freedom of expression for university students in Indonesia. Using normative juridical and policy analysis, the study evaluates constitutional protections, higher education regulation, institutional rules, and mechanisms governing student demonstrations and political expression. The article argues that campus regulations should distinguish legitimate peaceful expression from conduct that poses genuine threats to safety or the rights of others. Vague disciplinary provisions may create a chilling effect when students cannot reasonably predict which forms of expression may result in sanctions. The study proposes a rights-based campus governance framework emphasizing legality, necessity, proportionality, transparency, and procedural fairness. Universities should provide clear rules, independent disciplinary procedures, and effective avenues for appeal. The article concludes that protecting student expression is essential to the educational mission of universities and to the development of democratic citizenship in Indonesia.
Co-Authors Abdul Ghani Adie Dwiyanto Nurlukman Ahmad Ahmad Allysa Sonia Arcelia Andi Batubara Annisa' Al Sakinata Aprila Niravita Bahtiar Amrullah Bayangsari Wedhatami Dwi Nur Fauziah Ahmad Dwi Nurfauziah Ahmad Galih Wasis Wicaksono Haliza Nur Fazriyah Haryono Haryono Hidayatullah Ika Khairunnisa Simanjuntak Ikhfa Pratiwi Irna Rudiana Irvan Fadjar Satrio Irwandi Irwandi Kenjiro Ken Arwin Kiki Andesti Meisya Maulidina Saleha Muhamad Badru Salam Muhamad Furqon Juanda Muhammad Asmawi Muhammad Asmawi Muhammad Rasyid Ridho Nanda Agus Safana Sukma Nia Rosmiati Nur Putri Hidayah Nuruddin Ahmad Putri Lili Rahmad Ramadhan Hasibuan Ridwan Arifin Rofi Wahanisa Sigit Gunawan Siti Nurhalisa Siti Nurmala Lailatul Muafika Sofwan, Edi Souad Ezzerouali Suhadi Suhadi Tajudeen Sanni Toddy Aditya Tri Cahya Indra Permana Undang Prasetya Umara Undang Prasetya Umara Undang Prasetya Umara Upik Mutiara Upik Mutiara Varun Chhachhar Zaharuddin Sani Ahmad Sabri