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All Journal USRATY : Journal of Islamic Family Law Hakamain: Journal of Sharia and Law Studies Tanfizi : Journal of Islamic Constitutional and Political Law
Muhammad Febri Eka Saputra
Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi
Law, Crime, Criminology & Criminal Justice

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The Constitutional Court's Authority to Review Government Regulations in Lieu of Law (Perppu) from the Perspective of Separation of Powers Muhammad Febri Eka Saputra; Nadya Fransiska; Nanda Ariadi; Taufiq Hidayat; Rais Jamhary
Tanfizi : Journal of Islamic Constitutional and Political Law Vol. 1 No. 1 (2025): June 2025
Publisher : Program Studi Hukum Tata Negara

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Abstract

The Constitutional Court (Mahkamah Konstitusi/MK), as the guardian of the Constitution, plays a crucial role in reviewing the constitutionality of legal norms, including Government Regulations in Lieu of Law (Perppu). Although Article 24C paragraph (1) of the 1945 Constitution normatively mentions only “laws” (undang-undang), jurisprudential practice has categorized Perppu as part of statutory law, thus allowing its constitutionality to be reviewed. This study aims to examine the Constitutional Court's authority to review Perppu from the perspective of the theory of separation of powers, while also critically assessing its implications for the stability of Indonesia’s constitutional system. The research method employed is a normative juridical approach with qualitative analysis based on literature review, supported by secondary data including Constitutional Court decisions, statutory regulations, and academic literature. The findings indicate that the Court's authority to review Perppu opens up space for checks and balances on executive power. However, it also carries the potential for disharmony among branches of state power and biased interpretations of the condition of “compelling urgency.”The study concludes that while the Constitutional Court legally holds the legitimacy to review Perppu, clearer juridical boundaries are needed to prevent disproportionate expansion of its authority. This research contributes to the discourse on constitutional law reform in Indonesia by upholding constitutional supremacy and maintaining the balance of powers.
Interdisciplinary Approach to the Dynamics of Islamic Family Law Practices in Indonesia, Malaysia, and Egypt Muhammad Febri Eka Saputra; Sukriyani Sukriyani
USRATY : Journal of Islamic Family Law Vol. 3 No. 2 (2025): USRATY : Journal of Islamic Family Law
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v3i2.9940

Abstract

This study aims to explore the dynamics of Islamic family law practices in Indonesia, Malaysia, and Egypt through an interdisciplinary approach that integrates social, cultural, and jurisprudential perspectives. The research seeks to identify how these three dimensions interact in shaping the interpretation and implementation of Islamic family law across different national contexts. Methodologically, the study employs a comparative qualitative design, combining doctrinal analysis of statutory and jurisprudential sources with socio-legal observations of social practices and cultural norms in family-related disputes and policy implementation. Primary data from legal documents and court decisions are examined alongside secondary sources, including scholarly works and policy reports, to ensure a holistic and balanced understanding. The findings reveal significant variations: Indonesia reflects a pluralistic system where social realities, cultural expectations, and jurisprudential interpretations intersect between state law and religious courts; Malaysia illustrates how federal-state relations influence cultural identity and Islamic legal autonomy; and Egypt demonstrates the enduring impact of classical jurisprudence while gradually adapting to modern social and cultural changes. Despite these differences, all three contexts highlight the tension between tradition and modernity in regulating marriage, divorce, and inheritance. The study concludes that only by integrating social, cultural, and jurisprudential analyses can the complexities of Islamic family law be adequately understood, since purely doctrinal or sociological approaches risk oversimplification. Academically, the research contributes to comparative Islamic legal studies by offering a replicable model that foregrounds the social, cultural, and jurisprudential interplay in Muslim-majority contexts, thus advancing interdisciplinary inquiry beyond rhetorical claims toward substantive, evidence-based insights.
Reconstruction of Constitutional Court Decision on Presidential and Vice Presidential Age Limit from Siyasah Qadhaiyyah Perspective Muhammad Febri Eka Saputra; Miswardi Miswardi; Nurkhairat Ihsan; Nadya Fransiska; Rahmi Surya Safitri
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1305

Abstract

The Constitutional Court Decision No. 90/PUU-XXI/2023, which allows individuals under the age of 40 to run for vice president if they have held a regional leadership position, has generated widespread public controversy. This study critically evaluates the ruling through the lens of siyasah qadhaiyyah, an Islamic legal-political framework that prioritizes justice ('adl), transparency (shafafiyyah), and public welfare (maslahah). Utilizing a qualitative research design with a case study approach, data were gathered through semi-structured interviews with constitutional law experts, Islamic jurists, and civil society representatives, supported by document analysis and media reviews. The findings indicate that the ruling is perceived by most respondents as politically biased, lacking alignment with the principles of substantive justice, and potentially discriminatory against non-political actors. Concerns also emerged regarding its implications for increased political polarization and diminished public confidence in judicial impartiality.This research contributes to the global discourse on constitutional jurisprudence and Islamic legal theory by integrating siyasah qadhaiyyah as a normative evaluative tool for judicial decisions in Muslim-majority democracies. It highlights the importance of embedding ethical and inclusive principles in legal reform to safeguard democratic integrity. The study concludes by recommending a realignment of Indonesia’s constitutional policies with the values of siyasah qadhaiyyah to ensure fair political participation and strengthen judicial legitimacy within broader democratic governance frameworks.
Co-Authors Miswardi Miswardi Nadya Fransiska Nanda Ariadi Nurkhairat Ihsan Rahmi Surya Safitri Rais Jamhary Sukriyani Sukriyani Taufiq Hidayat