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All Journal Jurnal Ilmiah Hukum LEGALITY Journal of Law and Legal Reform
Baharuddin Riqiey
Faculty of Law, Universitas Airlangga, Indonesia
Law, Crime, Criminology & Criminal Justice

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Regional Head Election post-MK Decision Number 60/PUU-XXII/2024 in the constitutional law landscape Hufron Hufron; Sultoni Fikri; Syofyan Hadi; Baharuddin Riqiey
Legality : Jurnal Ilmiah Hukum Vol. 33 No. 1 (2025): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v33i1.39064

Abstract

This article aims to analyse the implications of the Constitutional Court's decision on the regional head election system in Indonesia and evaluate its impact on political participation and diversity within local democracy. The Constitutional Court, as the interpreter of the constitution, particularly in the context of regional head elections, plays a pivotal role in shaping the landscape of constitutional law. Constitutional Court Decision No. 60/PUU-XXII/2024, which controversially alters the candidacy requirements for regional heads from being based on seat or vote share to being based on population size, reflects the need to align the law with evolving socio-political dynamics. This legal research employs statutory, conceptual, and case study approaches. This decision is expected to broaden access for smaller parties and independent candidates, thereby enhancing political diversity and voter choice. However, there is a risk that the changes might induce political instability or lead to dominance by large parties. Thus, ongoing monitoring and evaluation of the impact of these changes are crucial to ensure that constitutional law reforms achieve their intended goals of justice and representation. This article contributes to understanding how the law can adapt to societal needs and the challenges faced in the democratisation process. By emphasising the importance of legal pragmatism, the article illustrates that the law should function as a theoretical norm and an effective tool for addressing the continuously evolving socio-political dynamics. The research is intended to serve as a reference for policymakers and academics in comprehending and implementing constitutional law reform in Indonesia.
Legal Reform of the Division of Authority for Mining Affairs: Balance between Regional Autonomy and National Interests Syofyan Hadi; Sultoni Fikri; Baharuddin Riqiey; Islambek Rustambekov
Journal of Law and Legal Reform Vol. 6 No. 3 (2025): July, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i3.20947

Abstract

This study aims to analyze and find the legal reform of the division of authority for mineral and coal mining affairs between the Central Government and Regional Governments, so that a regulatory model can balance the principle of regional autonomy and national interests. This research is a normative legal research with a statute, conceptual, and case approach. This study found that after Law No. 3 of 2020 and Law No. 6 of 2023, there was a centralization of mineral and coal mining affairs, which led to the creation of injustice and legal uncertainty for autonomous regions. These regulations, from the perspective of balancing the principle of regional autonomy and the principle of national interests, need to be reformed trough the division of mineral and mining affairs between the Central Government and the autonomous regions based on the principle of justice by using the principles of externality, accountability, and efficiency. Meanwhile, the Central Government can use the principle of national strategic interests for several mineral and coal mining sub-affairs. In Addition, the delegation authority model should be removed and Article 18 paragraph (5) of the 1945 Constitution of the Republic of Indonesia needs to be amended, so that the division of government affairs provides justice and legal certainty for autonomous regions.
Co-Authors Hufron Hufron Islambek Rustambekov Sultoni Fikri Syofyan Hadi Syofyan Hadi