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All Journal RETORIKA: Journal of Law, Social, and Humanities
Habibul Umam Taqiuddin
Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat
Law, Crime, Criminology & Criminal Justice

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Kajian Politik Hukum sebagai Instrumen Menjamin Stabilitas Sistem Ketatanegaraan Indonesia Habibul Umam Taqiuddin; Titi Tantri
Retorika: Journal of Law, Social, and Humanities Vol. 4 No. 1 (2025): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

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Abstract

This research aims to: (1) analyze the role of legal politics in maintaining the stability of the state system, and (2) assess the conformity of legal political policies with legal principles and constitutional principles. The research uses normative legal methods with a statutory and conceptual approach. The legal materials include primary, secondary, and tertiary materials analyzed through grammatical, systematic, and teleological interpretations, supported by a study of legal theory and legal principles. The results of the research indicate, first, that legal politics functions as a strategic instrument in maintaining the stability of state administration, regulating inter-institutional coordination, and ensuring administrative order. Clearly and consistently formulated policies enable the state to balance public interests with the goals of effective governance. Second, the conformity of legal political policies with legal and constitutional principles such as legal certainty, justice, expediency, and proportionality is crucial to their effectiveness. Policies must align with higher norms, be consistent across institutions, and be easily understood and implemented. With this alignment, legal politics is not only normatively legitimate but also supports the order, stability, and sustainability of the Indonesian state system
Kedudukan Konvensi Ketatanegaraan Dalam Sistem Ketatanegaraan Indonesia Habibul Umam Taqiuddin
Retorika: Journal of Law, Social, and Humanities Vol. 2 No. 2 (2024): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

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Abstract

constitutional system, 2) assess the role of constitutional conventions in supporting order, balance of power, and legal certainty at the national level. This study is a normative legal study that uses a statutory approach, a conceptual approach, and an analytical approach, by examining written norms and the practice of constitutional conventions through legal theory, legal principles, and legal interpretations that include grammatical, systematic, and teleological interpretations. The legal materials used consist of primary, secondary, and tertiary sources, which are analyzed to obtain a comprehensive picture of the position and function of conventions. The results of the study indicate that constitutional conventions have a strategic position as unwritten norms that complement formal regulations and provide guidelines for state institutions in exercising their authority, so that government practices remain consistent with the principles of the rule of law. In addition, conventions play a role in maintaining order between institutions, balancing power, preventing abuse of authority, strengthening the legitimacy of institutional decisions, and guaranteeing legal certainty for the community, thus becoming an important instrument in strengthening the Indonesian constitutional system both from an institutional and legal certainty perspective.
Co-Authors Titi Tantri