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All Journal VARIA HUKUM: Jurnal Forum Studi Hukum dan Kemasyarakatan Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory
Nurul Huda, Uu
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Politik Hukum Pemilu Di Indonesia: Pergeseran Dari Rule By Law Menuju Rule Of Law Dalam Konfigurasi Politik Dan Demokrasi Substantif Nurhakim, Irfan; Nurul Huda, Uu
Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory Vol. 3 No. 4 (2025)
Publisher : Sharia Journal and Education Center Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ijijel.v3i4.1513

Abstract

The transformation of Indonesia’s electoral legal politics reflects a long trajectory from authoritarianism toward a more open democracy. This article examines how electoral law functions within shifting political configurations from the Old Order to the 2024 general election. The study aims to analyze the transformation of legal politics from rule by law to rule of law, focusing on the influence of political configuration on electoral legislation and administration. This research employs a normative, historical-descriptive, and philosophical approach, integrating Mahfud MD’s theory of political configuration, Lawrence M. Friedman’s legal system framework, and the concepts of substantive democracy and institutional authoritarianism. The findings reveal that the transformation of electoral legal politics directly correlates with changes in political power which is before reform, electoral law served as an instrument of authority; the transitional period marked the rise of independent institutions; and the reform consolidation era demonstrated procedural progress yet lacked substantive democracy. The novelty of this study lies in its integrative historical-periodization analysis that connects legal and political dimensions to assess the direction of Indonesia’s post-2024 electoral democracy. Keywords: electoral law, legal politics, political configuration, rule of law, substantive democracy.
Critical Legal Studies: The Omnibus Law Method In the Formulation of Local Regulations on Local Taxes and Levies Ismail, Taufiq; Nurul Huda, Uu; Mulyadi, Dedi
VARIA HUKUM Vol. 7 No. 2 (2025): VARIA HUKUM: Jurnal Forum Studi Hukum dan Kemasyarakatan
Publisher : Ilmu Hukum, Sharia and Law Faculty, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/vh.v7i2.46703

Abstract

This article examines the application of the Omnibus Law method in the formation of Regional Regulations on Taxes and Levies in Cianjur Regency through the lens of Critical Legal Studies (CLS). CLS, as a school of critical legal thought, challenges the assumption that law is neutral and objective and critically examines its relationship to political and economic power. This study aims to analyse the mechanism for drafting regional regulations using the Omnibus Law method and to assess the legal implications of its application in the absence of a clear technical framework. The research employs a normative approach, with conceptual and historical analyses of national regulations, particularly Law Number 12 of 2011 and its amendments, as well as case studies in Cianjur Regency. The findings indicate that, although the Omnibus Law has been codified in Law Number 13 of 2022, there are still insufficient technical regulations governing the formation of regional legal products under the Omnibus framework. This creates the risk of formal defects in the establishment of regional rules, potentially undermining their legal validity. Therefore, the application of the Omnibus Law method at the regional level requires careful study, and the principles of CLS can serve as a critical analytical tool for evaluating legislative processes heavily influenced by political and economic interests.
Co-Authors Dedi Mulyadi Nurhakim, Irfan Taufiq Ismail