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Amiludin
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Editorial Address
Indonesian Journal of Law and Policy Studies Post Graduate Of Law Universitas Muhammadiyah Tangerang. JL. Perintis Kemerdekaan No 1/33, Babakan, Cikokol Kec. Tangerang, Kota Tangerang, 15117, Banten, Indonesia Email: journalijlps@gmail.com
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Kota tangerang,
Banten
INDONESIA
Indonesian Journal of Law and Policy Studies
ISSN : -     EISSN : 27226670     DOI : 10.31000/ijlp
Core Subject : Social,
The aim Indonesian Journal Of Law and Policy Studies is to offer a venue for academicians, researchers, and practitioners for publishing their original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Adat Law, Environmental Law and another section related to contemporary issues in law or interconnection study with Legal Studies in accordance with the principle of novelty and including government policies both central and regional in a regulation
Arjuna Subject : Ilmu Sosial - Hukum
Articles 76 Documents
Implementation of Legal Protection for the Poor to Get Health Services Sandika Sandika; Fitria Esfandiari; Catur Wido Haruni
Indonesian Journal of Law and Policy Studies Vol 3, No 2 (2022): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v3i2.7168

Abstract

ABSTRACT Legal protection of health services for poor patients is directed to be able to apply the principles of a comprehensive, integrated, equitable, and affordable. This is principally stated in Law 36/2009 on Health. However, services in the health sector as one of the implementations of legal protection, especially for the poor, are still not optimal. To overcome these problems, the authors provide two problem formulations, namely how the implementation of legal protection for the poor to obtain health services and how the government's efforts to provide legal protection for the poor to obtain health services. The research method used is a sociological juridical approach. Sources of data include primary and secondary data, data collection through interviews and further analysis. Based on the results of research and discussion, namely: First, the implementation of legal protection for the poor for health services has not run optimally. This is often found in the behavior of doctors who are less professional in serving the poor. Second, the government's efforts to provide protection to the poor have been implemented. One of them is the issuance of a health insurance card. This effort has a significant impact in its implementation so that it is more proactive in responding to health service problems experienced by poor patients.
Constitutional Court Decision on the Age Requirement for Presidential and Vice-Presidential Candidates: Legal Implications and Public Response Nabila Fauziyyah; Ahmad Ahmad.; Melisa Susanti; Gamal Abdul Nasir; Fakhri Aldifha Kurnia
Indonesian Journal of Law and Policy Studies Vol. 4 No. 1 (2023): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v4i1.15877

Abstract

The Constitutional Court Decision Number 90/PUU-XXI/2023, which changed the age limit for presidential and vice-presidential candidates to a minimum of 40 years or having experience in a public office through elections, has sparked controversy in society. This study aims to analyze the role, duties, and position of the Constitutional Court in Indonesia's state administration system, examine judicial independence in this decision, and explore the perspectives of society, politicians, and academics on the legal and social implications of this change. This research employs a qualitative approach with normative juridical analysis based on legal rulings and related literature. The findings indicate that the independence of Constitutional Court judges is in question due to allegations of conflicts of interest that may undermine public trust. Furthermore, this decision affects national political dynamics and public participation in elections. This study provides a critical perspective on the role of the Constitutional Court in upholding democratic principles and the rule of law in Indonesia
Impact of Constitutional Court Decision 70/2024 on Regional Head Elections Ravina Nayla Putri; Ahmad Ahmad; Wilda Ayu Anggraeni; Pudjiyawati Pudjiyawati
Indonesian Journal of Law and Policy Studies Vol. 4 No. 2 (2023): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v4i2.15878

Abstract

The Constitutional Court Decision No. 70/PUU-XXII/2024 introduces a revised understanding of the timeline for meeting the minimum age criteria for candidates running for regional head positions. Specifically, this requirement must be satisfied at the moment the General Election Commission announces the candidate pairs, rather than at the time of their inauguration. This article seeks to examine the implications of this ruling on the conduct of regional head elections in Indonesia, considering both legal and political dimensions. From a legal standpoint, the decision necessitates modifications to existing regulations and technical policies, which the General Election Commission and relevant stakeholders must promptly implement. Politically, this ruling compels political parties and regional head candidates to refine their nomination and campaign strategies with greater caution. Utilizing a normative legal approach, this article illustrates that while the Constitutional Court decision enhances legal certainty in the electoral process, it also introduces new dynamics in local political practices that require equitable and constitutional management
Presidential Candidacy and Democratic Direction after Constitutional Court Decision 62/PUU-XXII/2024 Cahaya Fitri; Ahmad Ahmad; Salsabila Maharani; Netty Arieyani; Franky Aryadi; Edi Suharjono
Indonesian Journal of Law and Policy Studies Vol. 4 No. 1 (2023): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v4i1.15880

Abstract

This study seeks to examine the evolving landscape of presidential nominations and the trajectory of democracy following Decision No. 62/PUU-XXII/2024 of Indonesian constitutuional court, which abolished the presidential nomination threshold in Indonesia’s presidential elections. The research addresses how the removal of this threshold reshapes the nomination system, influences coalition-building patterns, and affects overall democratic quality. Employing a qualitative descriptive approach, the study relies on the analysis of judicial decisions, academic literature, and previous electoral data. The findings indicate that eliminating the nomination threshold opens greater space for alternative candidates who better reflect Indonesia’s political diversity. This reform reduces the dependence of smaller political parties on dominant parties and discourages the formation of superficial, purely pragmatic coalitions. Moreover, it weakens the structural dominance of major parties in controlling presidential nominations and creates opportunities for the emergence of a more robust opposition axis. Such developments are likely to foster a political environment that is healthier, more competitive, and more balanced. Consequently, the direction of democracy after this constitutional court ruling is expected to become more inclusive and to strengthen Indonesia’s multiparty political system.
Citizens’ Political Freedom in Regional Elections after Constitutional Court Decision Muhammad Azhari Aqil; Ahmad Ahmad; Selvi Aulia Herawati; Diah Puspita Anggraini; Mokhamad Bakhtiar Azami; Rijal Ibnu Sani
Indonesian Journal of Law and Policy Studies Vol. 4 No. 2 (2023): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v4i2.15881

Abstract

Indonesia adopts a democratic system, one indicator of which is reflected in the implementation of Regional Head Elections. In the Regional Head Elections process, a nomination threshold (electoral threshold) had previously been stipulated under Article 40 of Law Number 10 of 2016. However, through Constitutional Court Decision Number 60/PUU-XXII/2024, this provision was amended, reducing the nomination threshold through political parties from the previous requirement of 20% of DPRD seats or 25% of valid votes to a range of 6.5% to 10% of valid votes. This research employs a normative juridical method with a statutory approach. It aims to analyze the extent of citizens’ political freedom in participating in Regional Head Elections and to examine the constitutional implications of the Constitutional Court’s decision for citizens’ political rights and the strengthening of democracy at the local level. The decision opens wider opportunities for political participation through political parties and has the potential to reinforce local democracy in Indonesia.
Pancasila Democracy Between Normative Concepts and Political Practice Cucu Supyan Cahyana; Ahmad Ahmad; Gamal Abdul Nasir; Franky Aryadi; Rijal Ibnu Sani
Indonesian Journal of Law and Policy Studies Vol. 5 No. 1 (2024): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v5i1.15884

Abstract

Pancasila Democracy constitutes Indonesia’s distinctive political system, rooted in the noble values of Pancasila and the 1945 Constitution. Normatively, Pancasila Democracy positions the people as the ultimate holders of sovereignty, implemented through moral principles, social justice, and deliberation to achieve consensus. However, in political practice, the implementation of Pancasila Democracy has frequently deviated from its foundational values. This article aims to analyze the gap between the normative concept of Pancasila Democracy and the realities of political practice in Indonesia across different periods, while also offering reflections and strategic measures to restore its original meaning. The study employs a library research method with a normative and descriptive-analytical approach. The findings indicate that Pancasila Democracy continues to face serious challenges, including the prevalence of transactional politics, weak political ethics, and low levels of morally grounded political participation. Therefore, revitalizing Pancasila values within national political life is an urgent necessity to achieve a democratic system that is just, ethical, and civilized.
The Role of the Constitutional Court in Safeguarding Democratic Dignity Junaidin Junaidin; Ahmad Ahmad; Gamal Abdul Nasir; Franky Aryadi; Rijal Ibnu Sani
Indonesian Journal of Law and Policy Studies Vol. 5 No. 2 (2024): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v5i2.15886

Abstract

This article examines the role of the Constitutional Court in maintaining the dignity of democracy. The method used in this research is the Normative Legal research method. The approaches used are the Legislative approach and the Conceptual approach. Constitutional democracy is a political system that affirms that power ultimately originates from the people, yet must be exercised within the limits set by the constitution. Democracy is not simply about five-yearly elections or the majority of votes. It is a system of values that must be maintained through a balance between popular sovereignty and constitutional supremacy. This is where the Constitutional Court (MK) comes into play.the guardian of the constitution at a time the guardian of democracy. Constitutional democracy places the basic law (the constitution) as the guiding principle for democratic practice, ensuring the guarantee of people's rights and preventing abuse of power. Indonesia's constitutional system, following the amendments to the 1945 Constitution, has moved toward constitutional democracy, with direct elections, human rights guarantees, and the strengthening of constitutional guardian institutions. However, democratic practice still faces challenges in the form of political oligarchy, money politics, and limitations in the constitutional courts.
Constitutional Court Decisions in Progressive Law from Case Study on Outsourcing Worker Protection Ahmad Ahmad; Rahmad Alan Kurniawan; Annelis Larasati Gufron; Fitri Anggraini; Salahudin Dirjon
Indonesian Journal of Law and Policy Studies Vol. 6 No. 1 (2025): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v6i1.15889

Abstract

This study explores how the Constitutional Court interprets the protection of outsourcing workers through a progressive legal perspective. It focuses on key aspects such as labor protection, progressive law, and judicial interpretation. The main aim is to understand the Court’s approach in safeguarding outsourcing workers and to uncover both normative and structural obstacles that affect its implementation. Using a qualitative normative method, this research relies on library-based analysis, examining Constitutional Court rulings, relevant legislation, and academic sources. The findings show that the Court tends to apply a progressive legal approach that prioritizes substantive justice and the protection of workers’ rights. However, challenges remain, including inconsistencies in regulations, limited oversight, and a lack of legal awareness among stakeholders. These issues highlight the need for stronger and more consistent progressive legal strategies moving forward.
The Constitutional Implications of Constitutional Court Decision No. 90/PUU-XXI/2023 on National Democratic Stability Jibril Makarim; Ahmad Ahmad; Muhammad Rizqi Ramadhan; Agis Syadina Putra; Endang Mulyadin
Indonesian Journal of Law and Policy Studies Vol. 6 No. 1 (2025): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v6i1.15890

Abstract

The decision of the Constitutional Court No. 90/PUU-XXI/2023 on the age requirement for presidential and vice-presidential candidates has generated significant controversy in constitutional law, particularly regarding democratic stability. The ruling modified the statutory minimum age of 40 by allowing individuals who have held or currently hold elected public office to run, even if they are below that threshold. The judicial review was filed by Almas Tsaqibbirru Re A to support Gibran Rakabuming Raka in the 2024 election. This study adopts a normative juridical approach with a descriptive-qualitative method based on literature review. The findings reveal substantial weaknesses in the petitioner’s legal standing, as no direct constitutional harm was demonstrated. Nevertheless, the Court partially granted the petition and went beyond its original claims, effectively creating a new norm. In doing so, the Court shifted from its role as a negative legislator to a positive legislator, raising concerns over the separation of powers. The ruling carries broad constitutional and political implications, simultaneously enabling leadership regeneration while inviting suspicions of political interests. Internal divisions among the justices further reflect a lack of strong consensus. Criticism intensified after the Constitutional Court Honorary Council confirmed ethical violations in the decision-making process.
Dual Legitimacy and Constitutional Court’s Role in Presidential Impeachment Review Ahmad Ahmad; Bagus Wirayuda; Brian Rahmat Ismail; Muhamad Fariq Haqi; Mohammad Nurkholis
Indonesian Journal of Law and Policy Studies Vol. 6 No. 2 (2025): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v6i2.15891

Abstract

The role of the Indonesian Constitutional Court within Indonesia’s constitutional system is particularly significant in the impeachment mechanism of the president and/or vice president. Following the amendments to the 1945 Constitution, the Court is vested with authority under Article 24C, paragraph (2), to examine and decide upon opinions of the House of Representatives regarding alleged serious legal violations committed by the President. Nevertheless, tension arises between the political legitimacy of the DPR as a representative institution and the legal legitimacy of the Constitutional Court as a judicial body. This tension produces what may be described as dual legitimacy, namely the contestation between political authority and legal authority within the impeachment process. This study critically analyzes the position of the Constitutional Court in such proceedings and juridically examines the limits of its authority as determined by the Constitution. The findings indicate that although the Court plays a decisive role in assessing the legality of accusations, the final decision on removal remains with the People’s Consultative Assembly. This confirms that impeachment in Indonesia is a hybrid process combining legal and political elements, thus requiring clearer regulation and stronger institutional design to prevent overlapping authority among state institutions.