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All Journal JURNAL ILMIAH ADVOKASI Nusantara: Journal Law and Islamic Law Journal of State Public Policy (JSPP)
Muhammad Fahmi Islami
Universitas Airlangga
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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A Juridical Analysis of Constitutional Court Decision No. 135/PUU-XXII/2024: The Separation of National and Regional Elections from a Constitutional Perspective Muhammad Fahmi Islami
Nusantara: Journal of Law and Islamic Law Vol. 1 No. 1 (2025): Nusantara: Journal of Law and Islamic Law
Publisher : Yayasan Cerdas Pedia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/nusantara.v1i1.29

Abstract

This article presents a comprehensive juridical analysis of Constitutional Court Decision No. 135/PUU-XXII/2024, which mandates the separation of national and regional elections in Indonesia. Article 22E of the 1945 Constitution, previously interpreted to require simultaneous elections every five years, is here redefined under a “living constitution” approach to allow staggered ballots. Employing a normative-juridical method, the study examines (1) the Court’s interpretive shift and its alignment with theories of judicial activism, (2) institutional dynamics created by MK’s role as a positive legislator, and (3) practical implications for Indonesia’s presidential system and electoral management. Key technical terms judicial activism (court‐driven policy innovation), living constitution (dynamic constitutional interpretation), and electoral governance (framework of rules and practices for elections) are defined early to aid international readers. The analysis integrates comparative insights from other democracies and expert perspectives, including critiques from Simon Butt on potential judicial overreach and Titi Anggraini on the midterm election paradox. Findings reveal that while separation enhances administrative efficiency and issue-focused campaigns, it also engenders significant challenges: legislative vacuums in transition, risks to executive stability through unscheduled “midterm” referenda, and possible declines in voter engagement in off-cycle polls. The study’s novelty lies in its interdisciplinary framework combining constitutional theory, institutional analysis, and policy evaluation and the development of a “Constitutional Electoral Governance Model” to guide future reforms. By distilling complex legal arguments into core results, this research offers an original contribution to constitutional law scholarship and provides actionable insights for democratic law reform in Indonesia.
ASPEK HAK CIPTA KARYA KECERDASAN BUATAN DALAM PEMERINTAHAN DI INDONESIA Muhammad Fahmi Islami
Jurnal Ilmiah Advokasi Vol 13, No 4 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i4.7978

Abstract

This study examines the copyright aspects of artificial intelligence (AI) works in government in Indonesia, highlighting the legal standing, creator status, and field practices, as well as the regulatory challenges faced. This study uses a normative juridical method with an analysis of relevant laws and case studies of AI practices in government. The research findings indicate that artificial intelligence (AI) works used in government still face legal gaps regarding copyright protection. Furthermore, there is a tension between the principles of public information transparency and intellectual property protection for AI outputs, as well as the potential for copyright infringement on input data used by AI. Therefore, the development of an adaptive and comprehensive legal framework is needed so that copyright protection for artificial intelligence (AI) works in the government sector can be realized fairly and proportionally.Keywords: Copyright, Artificial Intelligence, Works, Government
Evaluation of Government Policy Implementation in the Abolition of the Ministry of State-Owned Enterprises for Economic Structural Reform Muhammad Fahmi Islami
Journal of State Public Policy Vol. 1 No. 1 (2025): Journal of State Public Policy
Publisher : Yayasan Cerdas Pedia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/jspp.v1i1.237

Abstract

This study evaluates the implementation of a landmark Indonesian government policy: the abolition of the Ministry of State-Owned Enterprises (SOEs) and its replacement with a super holding body, BPI Danantara, under Law No. 1/2025. This structural reform aims to enhance SOE efficiency, professionalism, and competitiveness by reducing bureaucracy and political intervention. Using a qualitative policy analysis method, this research examines the policy's rationale, legal framework, economic impact, and comparative standing with Singapore's Temasek Holdings. The findings indicate that while the policy is well-rationalized and supported by recent positive financial performance, its legal framework introduces significant governance risks. Specifically, it creates legal ambiguities regarding asset status and managerial accountability, potentially weakening anti-corruption measures. Furthermore, unlike the politically independent Temasek model, Danantara's direct accountability to the President may perpetuate political intervention. The study concludes that the reform's success is contingent upon addressing these critical legal and governance challenges.
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