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All Journal Administrative and Environmental Law Review Activa Yuris: Jurnal Hukum Adagium: Jurnal Ilmiah Hukum Journal of International Islamic Law, Human Right and Public Policy
Muh Farhan Arfandy
Universitas Sultan Ageng Tirtayasa
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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CORRUPTION AS AN EXTRAORDINARY CRIME: EVALUATING THE RULE OF LAW, DEMOCRACY AND HUMAN RIGHTS Muhyi Mohas; Litya Surisdani Anggraeniko; Reine Rofiana; Arie Kartika; Muh Farhan Arfandy
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21736655

Abstract

Corruption categorized as an extraordinary crime continues to show a significant upward trend in Indonesia. As a product of the 1998 reform movement, efforts to realize a clean government were institutionalized through Law Number 28 of 1999. However, empirical realities show a structural anomaly where democratic instruments are hijacked by old power structures acting as free riders to perpetuate authoritarian tendencies. This systemic failure degrades the rule of law and forces a critical re-examination of how political transitions accommodate oligarchic resilience. Consequently, this study addresses how corruption undergoes structural metamorphosis, how state capture interacts with democratic procedures, and to what extent it deprives citizens of constitutional protections. Research Method, using a combined legal research method (normative-empirical jurisprudence) with a qualitative-descriptive approach, this study dissects State Capture Corruption through Olle Törnquist’s "shadowy democracy" thesis and Nils Bubandt's oxymoronic democracy corruption framework. Research Outcome: The results confirm that local oligarchies distort political transitions through the capitalization of authority and Sophistic truth manipulation. This paradox turns democracy into an incubator for systemic corruption, where public funds are diverted, leaving the public as a collective victim. The novelty lies in integrating Samuel Huntington’s transition models to reveal a "transformation from above" using fresh data. Theoretically, it enriches progressive criminal jurisprudence, while practically providing strategic policy recommendations for anti corruption authorities to shield public budgets from oligarchic interventions.
Pergeseran Peran Mahkamah Konstitusi dalam Menangani Pelanggaran Pemilihan Umum TSM: Analisis Hukum dan Konstitusional Muh Farhan Arfandy; A Rafika Maharani
Adagium: Jurnal Ilmiah Hukum Vol 4 No 1 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/adagium.v4i1.281

Abstract

This article examines the Constitutional Court’s authority in adjudicating structured, systematic, and massive (TSM) electoral violations in Indonesia’s 2019 and 2024 presidential elections. Using a normative legal and comparative approach, it evaluates the Court’s application of the judicial restraint principle and its limitations when violations do not quantitatively affect election results but may undermine electoral legitimacy. Findings reveal that the Court consistently rejects examining TSM allegations without evidence of direct impact on vote counts. However, in cases involving ethical and constitutional violations, this approach may fall short in ensuring substantive electoral justice. A comparative study with five other countries shows that several constitutional courts have adopted a more progressive role in safeguarding the integrity of the electoral process. The article recommends strengthening constitutional interpretation and reforming the legal framework to enable Indonesia’s Constitutional Court to act as a guardian of both electoral outcomes and democratic fairness.
Overlapping Central-Regional Authorities in the Unitary State of the Republic of Indonesia: Problems of Decentralization Design and Governance Reconstruction Muh Farhan Arfandy; Amin Nugrah Santoso; Aryoko Abdurrachman; Shofiyatu Jahra
Activa Yuris: Jurnal Hukum Vol. 6 No. 1 (2026)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v6i1.24072

Abstract

The dynamics of central-regional relations in Indonesia's post-Reform constitutional system continue to fluctuate, particularly with the advent of the Omnibus Law regime (Job Creation Law), which has fundamentally altered the landscape of decentralization. This article examines the structural problems of overlapping authority, which are no longer merely administrative but have created a regulatory vacuum and legal uncertainty at the local level. Using normative legal research methods with statutory and conceptual approaches, this study analyzes the disharmony between the Regional Government Law as the basis of autonomy and various sectoral laws that tend to be centralistic. The findings indicate that centralization of licensing without adequate central supervisory capacity has weakened environmental control functions and hindered public service effectiveness. As a solution, this article proposes a reconstruction of the authority distribution model through five strategic pillars: (1) regulatory harmonization placing the Regional Government Law as the lex generalis; (2) revitalization of the subsidiarity principle returning execution functions to the regions; (3) institutionalization of non-litigation administrative dispute resolution mechanisms; (4) a shift towards outcome-based accountability; and (5) the implementation of asymmetric decentralization and multi-level governance. This reconstruction aims to build a synergistic, accountable, and responsive central-regional relationship within the framework of the Unitary State of the Republic of Indonesia.
Capitalization and Commercialization of Accreditation in the Higher Education Services Industry Firdaus Firdaus; Ferry Fathurokhman; Zulkarnain Ridlwan; Abdul Rahman Abdul Latip; Muh Farhan Arfandy
Administrative and Environtmental Law Review Vol 7 No 2 (2026)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v7i2.4626

Abstract

This article critically examines the capitalization and commercialization of higher education accreditation in Indonesia. It argues that the transfer of accreditation responsibilities to Independent Accreditation Agencies (LAMs) has shifted quality assurance from a constitutional public function toward a market-oriented model. Using normative legal research with a comparative approach, the study analyzes the implications of Law No. 20 of 2003 and Law No. 12 of 2012 for the state's constitutional responsibility to guarantee the right to education. It finds that the current regulatory framework weakens state accountability and increases the financial burden on higher education institutions through accreditation fees, costs that may ultimately be passed on to students, thereby limiting equitable access to quality education. This approach contrasts with the accreditation systems in Malaysia, Thailand, Vietnam, and Singapore, where quality assurance is primarily funded by the state as a public responsibility. The article concludes that Indonesia should restore accreditation as a transparent, non-profit, and publicly financed quality assurance mechanism to strengthen the state's constitutional obligation to provide equitable and accessible higher education.
Co-Authors A Rafika Maharani Abdul Rahman Abdul Latip Amin Nugrah Santoso Arie Kartika Aryoko Abdurrachman Ferry Fathurokhman Firdaus Firdaus Litya Surisdani Anggraeniko Muhyi Mohas Reine Rofiana Shofiyatu Jahra Zulkarnain Ridlwan