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p-Index From 2021 - 2026
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All Journal Constitution Journal Indonesian Journal of Law and Islamic Law (IJLIL)
Abdelmajid Idris Mohammed Khalil
Sub-Saharan University College, Sudan
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Threats to Indonesia’s Economic Sovereignty in the Appointment of Foreign Executives in State-Owned Enterprises Elizatul Mufidah Indana; Ibnu Alwaton Surya Waliden; Abdelmajid Idris Mohammed Khalil; Dominikus Rato; Y. A. Triana Ohoiwutun
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 7 No. 2 (2025)
Publisher : Jember: Sharia Faculty State Islamic University of Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijlil.v7i2.469

Abstract

This study examines the constitutional implications of the government policy that allows foreign nationals to occupy executive positions in State-Owned Enterprises (SOEs) concerning the principle of national economic sovereignty, as stipulated in Article 33 of the 1945 Constitution of the Republic of Indonesia. The background of this research lies in the growing practice of economic globalization, which demands efficiency and professionalism in SOE management but potentially shifts the meaning of state control over vital sectors of production. This study employs a normative juridical method with conceptual and comparative approaches to national regulations and international practices. The findings indicate that the involvement of foreign nationals in SOE management can be acceptable insofar as it is limited by constitutional principles, the nationality principle, and strict public oversight. The novelty of this research lies in proposing a constitutional policy model that integrates corporate efficiency with state economic sovereignty. This model has practical implications for the international community: positively, it provides a clear legal framework for global investors and professionals, thereby enhancing the predictability of the investment climate and offering an adaptive model for other developing countries to align world-class corporate governance with national sovereignty; however, potentially negatively, strict limitations might be perceived by the global business community as a barrier or discrimination against the transfer of expertise and international capital flows. This integrative approach remains rarely discussed in the field of constitutional economic law in Indonesia.
The Impact of Regional Autonomy on Community Welfare Enhancement Moh. Ali; ST. Sariroh; Rumawi Rumawi; Abdelmajid Idris Mohammed Khalil
Constitution Journal Vol. 5 No. 1 (2026): Constitution Journal June 2026
Publisher : UIN Kiai Haji Ahmad Sidiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/constitution.v5i1.346

Abstract

The implementation of regional autonomy in Indonesia since the Reform Era, particularly through Law Number 23 of 2014 on Regional Government, has been expected to enhance public welfare through the decentralization of authority and the strengthening of regional capacity. However, in practice, several challenges persist, including regional development disparities, the low quality of public services, and the suboptimal management of local resources. Data from the Central Bureau of Statistics indicate that poverty rates in several underdeveloped regions remain above the national average, while the Human Development Index (HDI) in certain areas is still categorized as moderate to low. This study aims to analyse the implications of the implementation of regional autonomy on improving community welfare. This normative research employs a descriptive-analytical method and a statutory approach, drawing on literature studies and secondary data analysis from government reports and international journals. The findings reveal that regional autonomy has positive implications in improving access to public services, accelerating infrastructure development, and encouraging community participation in local development. Nevertheless, its effectiveness is still influenced by the institutional capacity of local governments, the quality of human resources, as well as the level of transparency and accountability in governance. Therefore, strengthening good governance practices and enhancing the capacity of the regional apparatus are essential to ensure that the primary objective of regional autonomy in improving public welfare can be achieved optimally.
Co-Authors Dominikus Rato Elizatul Mufidah Indana Ibnu Alwaton Surya Waliden Moh. Ali Rumawi Rumawi ST. Sariroh Y. A. Triana Ohoiwutun, Y. A. Triana