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All Journal Diponegoro Law Review Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Ahmad Masum
Universiti Islam Sultan Sharif Ali
Law, Crime, Criminology & Criminal Justice

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GUARDIAN OF THE CONSTITUTION: REVIEWING THE ROLE OF THE CONSTITUTIONAL COURT Muhammad Mutawalli Mukhlis; Ahmad Masum; Maskun Maskun; Yusuf Ibrahim Arowosaiye; Eka Merdekawati Djafar
Diponegoro Law Review Vol 10, No 2 (2025): Diponegoro Law Review October 2025
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.10.2.2025.217-233

Abstract

The Constitutional Court of Indonesia is entrusted with safeguarding constitutional supremacy within Indonesia’s constitutional order, yet it does not possess the authority to review amendments to the 1945 Constitution. This institutional limitation creates a structural gap because constitutional amendments, despite their far reaching consequences, remain beyond judicial scrutiny. This study examines the constitutional feasibility of granting the Court authority to conduct procedural and substantive review of constitutional amendments. Using doctrinal legal research supported by comparative constitutional analysis, the article draws on Hans Kelsen’s theory of the hierarchy of norms and the Basic Structure Doctrine as developed in India and Germany to construct an evaluative framework suitable for the Indonesian context. The analysis demonstrates that the absence of judicial oversight over constitutional amendments weakens constitutional supremacy and increases the risk of democratic erosion through formally valid political processes. The article proposes a structured model of limited amendment review grounded in Indonesia’s constitutional identity, particularly the foundational principles embodied in Pancasila and the commitment to the rule of law. By articulating a contextually grounded doctrinal framework, this study contributes to contemporary debates on unconstitutional constitutional amendments and offers a normative pathway for strengthening constitutional guardianship in Indonesia.
Integrating Tradition into Legal Reform: Reconstructing the Role of Reconciliatory Customary Judges in Diversion Processes within the Interplay of Islamic, Customary, and National Law Siti Zubaidah; Musakkir Musakkir; Syamsuddin Muchtar; Wiwie Heryani; Ahmad Masum
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 12, No 2 (2025): October
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v12i2.8439

Abstract

Juvenile cases in conflict with the law are ideally resolved through diversion, a restorative mechanism that prioritizes recovery, avoids stigmatization, and encourages participatory dialogue among stakeholders. However, in practice, diversion implementation in Indonesia often encounters systemic and cultural barriers, especially when relying solely on formal legal institutions. This study explores the role of Reconciliatory Customary Judges (RCJs) in Tana Toraja as culturally embedded mediators and reconstructs their potential function within the national diversion framework. Using a mixed-methods approach, the research combined qualitative interviews with customary leaders (to parenge), religious figures, and law enforcement actors, alongside quantitative surveys conducted among community members. The empirical findings reveal that RCJs hold significant social legitimacy, drawn from their alignment with tongkonan kinship systems and aluk todolo norms of deliberation (musyawarah). Their mediation practices reflect Islamic principles of reconciliation (sulh) and complement the restorative justice goals of the Juvenile Criminal Justice System (UU-SPPA). The study identifies a legal pluralism in practice, wherein Islamic, customary, and national legal traditions converge. RCJs have proven effective in resolving community conflicts and are trusted across generational lines, making them ideal mediators in diversion cases. The results call for the institutionalization of RCJ roles across diversion stages, including police, prosecution, and judiciary levels, to enhance cultural responsiveness, legal legitimacy, and social restoration. This research offers a transformative framework for integrating localized wisdom into national legal reform. By recognizing RCJs as formal diversion mediators, Indonesia can bridge gaps between normative aspirations and socio-cultural realities, promoting a restorative justice system that is legally sound, culturally resonant, and constitutionally grounded
The Minimum Age Of Criminal Responsibility In Brunei Darussalam: A Comparative Analysis Of The Penal Laws Ahmad Masum; Yusuf Ibrahim Arowosaiye; Hj Hanan Hj Abd Aziz; Rajali Aji
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 13, No 1 (2026): January-June
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v13i1.10793

Abstract

This article examines the Minimum Age of Criminal Responsibility (MACR) in Brunei Darussalam, and the intricacies of its two legal systems including the civil law and the Syariah law. Central to juvenile justice, the issue of criminal responsibility concerns moral culpability and developmental capacity, especially amidst Brunei Darussalam's low seven-year MACR, which contrasts with international advocacy for higher thresholds. The article examines the conceptual principles of MACR and evaluates its implementation in accordance with the international child rights norms, such as the United Nations Convention on the Rights of the Child (UNCRC), the Beijing Rules, and the Riyadh Guidelines. Through a qualitative doctrinal approach, it analyses the current legislation and practice and finds that despite the legal context being welfare-focused, the low MACR negatively influences the possibility of a rehabilitative juvenile justice system. To meet the international standards, the article recommends that the MACR should be raised, and the age limits in both legal systems be equalised to align with each other. This article enriches the global discussion by providing a focused analysis of juvenile criminal responsibility in a Syari'ah context and participating in the comparison with other jurisdictions maintaining low MACR levels.
Co-Authors Eka Merdekawati Djafar Hj Hanan Hj Abd Aziz Maskun Maskun Muhammad Mutawalli Mukhlis Musakkir Musakkir Rajali Aji Siti Zubaidah Syamsuddin Muchtar Wiwie Heryani Yusuf Ibrahim Arowosaiye