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muhammad roni
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INDONESIA
POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Published by Institut Agama Islam Negeri Zawiyah Cot Kala Langsa
ISSN : 24772844     EISSN : 26155745     DOI : https://doi.org/10.32505/politica.
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
Islamic Legal, Constitution in Islam, Comparative Constitution, Islamic Political Thoughts, Fiqh Siyasah.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 162 Documents
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Legal Liability of Artificial Intelligence in Healthcare: A Comparison of Indonesia and Germany Aji Widayat; Muhammad Endriyo Susila
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol. 13 No. 1 (2026): Politica: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v13i1.14395

Abstract

This article examines legal liability for the use of Artificial Intelligence (AI) in healthcare services using normative, conceptual, and comparative approaches between Indonesia and Germany, and based on the theory of Patient-Centered Care, which places patients as the primary subject of legal protection. The results show that AI integration can improve diagnostic quality, service efficiency, and health data management, but also poses various legal risks, such as unclear subject liability due to system autonomy, potential data privacy violations, algorithmic bias, and difficulties in proving due to the black box nature. Furthermore, a liability gap phenomenon has emerged, demonstrating the limitations of traditional legal regimes in accommodating the complexity of medical AI, particularly in the distribution of legal liability between medical personnel, healthcare institutions, and technology developers. In the regulatory context, Indonesia still faces legal fragmentation and the absence of specific regulations on AI in the healthcare sector, potentially creating a legal vacuum and weak patient protection. In contrast, Germany and the European Union have developed a more comprehensive regulatory framework through a risk-based approach, transparency, and legal liability, including strengthening data protection and legal liability mechanisms. Therefore, this study recommends the development of specific and integrated AI regulations in Indonesia, the implementation of a multi-layered and risk-based accountability model, and the strengthening of oversight and ethical standards to ensure patient protection and legal certainty in the use of AI in healthcare.
Critical Analysis of the Obligation to Pay Taxes and Zakat: A Comparative Study of Islamic Law and Indonesian Fiscal Law Hasyim Adnan; Riza Zulfikar; Dani Durahman
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol. 13 No. 1 (2026): Politica: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v13i1.14423

Abstract

Indonesian Muslims are also required to pay zakat (muzakki) to the state, which is administered by the National Zakat Agency (Baznas). As Muslims, Indonesians have two obligations, namely to pay taxes and zakat on the same taxable object, resulting in a dual financial obligation. The policy of integrating or equalizing these obligations through tax deductions for zakat has become controversial because it is considered to contradict Islamic law. This study employs a normative-juridical research method using statutory and comparative law approaches. It aims to examine various legal instruments related to taxation and zakat under both Indonesian law and Islamic law. The findings show that zakat is a religious obligation for Muslims and must be distributed to those who are entitled to receive it (mustahik) in accordance with Islamic law (nash). However, for Indonesian Muslims, paying zakat is not only a religious obligation but also a legal obligation stipulated in Law No. 38 of 1999 on Zakat Management. To prevent people from paying both zakat and tax on the same object, the government enacted Law No. 17 of 2000 on Income Tax. For example, Article 9(1) of Law No. 17 of 2000 provides that taxpayers who pay income zakat through government-authorized institutions may deduct the amount of zakat from their taxable income. This fiscal policy effectively equates zakat with taxation. Many fuqaha reject this mechanism because zakat and taxation differ in their legal foundations, requirements, payment procedures, and distribution mechanisms. Therefore, several Muslim-majority countries, such as Saudi Arabia, Pakistan, and Brunei Darussalam, regulate zakat and taxation separately, and the two obligations are not legally interconnected.
Reconstruction of Administrative Sanctions as the Primary Instrument for Medical Malpractice Law Enforcement in Indonesia Yeni Vitrianingsih; Rahayu Mardikaningsih
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol. 13 No. 1 (2026): Politica: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v13i1.14455

Abstract

The enactment of Law Number 17 of 2023 concerning Health has fundamentally transformed the enforcement of medical malpractice law in Indonesia by shifting its orientation from criminal punishment to administrative accountability. However, the law does not provide clear standards for determining proportional administrative sanctions, creating legal uncertainty for both patients and medical personnel. This study aims to reconstruct the framework of administrative sanctions as the primary mechanism (ultimum remedium) for resolving medical malpractice disputes while ensuring a balance between patient protection and legal certainty for healthcare professionals. This research employs a normative legal method using statutory and conceptual approaches to examine the legal framework governing administrative sanctions. The findings reveal that the existing regulatory framework remains predominantly bureaucratic and punitive, lacking clear proportionality criteria and restorative mechanisms. The study proposes a reconstructed model of administrative sanctions based on restorative justice principles and the principles of carefulness and proportionality within good governance. It further emphasizes strengthening the authority and independence of the Medical Personnel Discipline Honor Council as the principal institution responsible for adjudicating professional disciplinary violations. This reconstruction contributes to the development of a more balanced medical malpractice enforcement system by enhancing patient safety, preventing arbitrary administrative decisions, and providing greater legal certainty for medical professionals.
Legal Certainty in Regulating Vice Ministers’ Concurrent Positions: Implications of Constitutional Court Decision No. 128/PUU-XXIII/2025 for Executive Governance Salahudin Pakaya; Moh. Fadli; Ismet Hadi
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol. 13 No. 1 (2026): Politica: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v13i1.14482

Abstract

This article examines the legal certainty implications of Constitutional Court Decision No. 128/PUU-XXIII/2025, which extends the office incompatibility rule in Article 23 of Law No. 39 of 2008 on State Ministries to vice ministers. Using doctrinal legal research with statutory, case, conceptual, and comparative approaches, this article reconstructs the Court’s ratio decidendi and evaluates the ruling through four indicators of legal certainty: normative clarity, institutional coherence, predictability, and administrability. The analysis shows that the decision strengthens normative clarity by closing a statutory gap that previously allowed vice ministers to hold concurrent positions in state owned enterprises, private companies, or publicly funded organizations. Yet the ruling also creates implementation risks because the transitional period may invite fragmented compliance, administrative delay, or selective enforcement. This article argues that legal certainty after the decision depends not only on the Court’s interpretation, but also on concrete executive follow up. Its novelty lies in developing a compliance framework consisting of normative clarification, institutional mapping, transitional safeguards, and verifiable replacement mechanisms to align constitutional supremacy, executive accountability, and state owned enterprise governance.
Assessing the Implementation of ACTIP in Combating Child Trafficking: A Comparative Study of Indonesia, Malaysia, and Vietnam Abdurrakhman Alhakim; Mimi Sintia Mohd Bajury; Winsherly Tan; Hanifah Ghafila Romadona; Tantimin Tantimin
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol. 13 No. 1 (2026): Politica: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v13i1.14530

Abstract

Child trafficking has continued to happen in Southeast Asia despite the ratification of ACTIP for ASEAN members like Indonesia, Malaysia, and Vietnam. This prompts the need for an assessment of ACTIP enforceability, which is a research gap that has remained underexplored. The ACTIP benchmarking and the focus on Indonesia, Malaysia, and Vietnam serve as the core novelty of this study, with the objective of assessing ACTIP standards and their enforceability in the said ASEAN member states. Findings show that Indonesia has normative disharmony and lacks a clear basis for victim-identification mechanisms. Malaysia demonstrates stronger alignment but retains serious loopholes around marriage, adoption, parental consent, and limited immunity. Vietnam provides stronger victim-support mechanisms but suffers from conflicting age thresholds and problematic non-punishment protection. In response, this study devises practical recommendations for each jurisdiction, with Indonesia recommended to focus on harmonizing its trafficking and child-protection frameworks, Malaysia to remove said loopholes while expanding non-punishment protection, and Vietnam to prioritize aligning its Penal Code with ACTIP’s under-18 standard. This study contribute to the literature on ASEAN anti-trafficking law by showing that ACTIP compliance must be assessed not only through ratification, but also through the domestic legal mechanisms required to make its standards enforceable
Dark Patterns and Consumer Welfare in Digital Banking Practices in Southeast Asia: A Study of Indonesia, Malaysia, and Vietnam Agustianto Agustianto; Nurlaily Nurlaily; Lu Sudirman; Nur Fatihah; Hari Sutra Disemadi
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol. 13 No. 1 (2026): Politica: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v13i1.14531

Abstract

Consumer welfare in digital banking environment has become increasingly important, as dark patterns have been observed to have continued to emerge in many digital spaces. This subtle yet dangerous modern iteration of old unethical trade practices presents a serious threat to growing economies like Indonesia, Malaysia, and Vietnam, that are increasingly reliant on digital banking services in daily life activities. This study employs the normative legal research method and comparative approach to assess the key legal implications of dark patterns on banking consumers’ welfare and how the existing relevant frameworks are responding to this significant threat. Analyses made throughout the study highlight that all three jurisdictions exhibit a bifurcated inadequacy where general consumer protection laws lack digital-specific application mechanisms, while banking regulations prioritize prudential soundness over interface-level manipulation. Despite the divergent nature of the gaps found, UI/UX interface regulation remains the biggest gap that all three countries are dealing with, which is the primary manifestation of dark patterns. The study recommends establishing mandatory interface design standards supervised by regulatory authorities capable of imposing ex ante structural obligations on banks, to ensure that consumer welfare remains the paramount importance in ever-so-essential digital banking services.
Distributive Justice in Post-Disaster Recovery Governance in Aceh: A Fiqh Siyāsah Perspective Muhammad Firdaus; Muhammad Nurunabi; M. Anzaikhan
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol. 13 No. 1 (2026): Politica: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v13i1.14579

Abstract

The 2025 Aceh floods exposed persistent challenges of distributive justice in post-disaster recovery governance, particularly regarding unequal access to recovery resources among vulnerable groups. While previous studies have primarily focused on institutional effectiveness, coordination mechanisms, and the socio-economic impacts of disasters, limited attention has been given to distributive justice from the perspective of fiqh siyāsah (Islamic political jurisprudence). This study aims to identify patterns of inequality in post-disaster aid distribution, examine the concept of distributive justice within fiqh siyāsah, and reconstruct principles of equitable post-disaster recovery governance. This research employs a qualitative library research design combined with policy document analysis. Data were collected from government regulations, official reports of the National Disaster Management Agency (BNPB), scholarly publications, and credible media reports related to the 2025 Aceh floods. The findings reveal that recovery policies tend to prioritize physical reconstruction and formal economic sectors, while vulnerable groups such as smallholder farmers, traditional fishers, women, and persons with disabilities often face unequal access to assistance. Structural biases, bureaucratic complexity, and centralized decision-making further contribute to social and geographical disparities in resource distribution. Drawing upon the principles of al-'adālah, al-maṣlaḥah, al-amānah, al-syūrā, and ri'āyah al-ra'iyyah, this study proposes a normative model of post-disaster recovery governance that prioritizes vulnerable populations, strengthens ethical accountability, and promotes participatory decision-making. The study contributes to the development of fiqh siyāsah and disaster governance studies by offering a framework for advancing distributive justice in post-disaster recovery.
Controlled Constitutionalism and the Decline of Institutional Independence in Indonesian Constitutional Law Hadi Iskandar; Yusrizal Hasbi; Muhamad Sadi Is
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol. 13 No. 1 (2026): Politica: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v13i1.14580

Abstract

The weakening of institutional independence has become a significant challenge for constitutional democracies, particularly in states experiencing democratic decline without formal constitutional rupture. Existing theories, including abusive constitutionalism, constitutional capture, and executive aggrandizement, primarily explain democratic erosion through constitutional amendments, direct institutional takeovers, or overt expansions of executive authority. These approaches provide limited explanatory power for cases in which constitutional structures remain formally intact while institutional autonomy is gradually constrained through ordinary legal mechanisms. This article addresses that gap by introducing the concept of controlled constitutionalism to explain constitutional developments in Indonesia between 2014 and 2025. Using a normative legal research method with statutory, conceptual, and institutional approaches, the study combines quantitative indicators of the rule of law, institutional integrity, and public trust with qualitative analysis of legislative reforms, judicial decisions, and institutional restructuring involving the Constitutional Court, Supreme Court, Corruption Eradication Commission, Judicial Commission, and other oversight bodies. The findings reveal that institutional independence has eroded through a cumulative process of executive consolidation, legal institutionalization, judicial legitimation, and functional subordination. Rather than dismantling constitutional institutions, these mechanisms reconfigure them into a system of hierarchical governance that preserves formal legality while reducing substantive autonomy. The article argues that controlled constitutionalism constitutes a distinct form of constitutional regression in which law serves as a mechanism of institutional dependence rather than a safeguard against power concentration. This framework offers a new perspective for understanding democratic erosion under conditions of formal constitutional continuity and contributes to broader debates on democratic backsliding in emerging democracies.
The Constitutionality of the Recentralization of Forestry Authority in Indonesia from the Perspective of Regional Autonomy Ilham Aji Pangestu; Tiara Ayu Lestari; Dian Yulviani
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol. 13 No. 1 (2026): Politica: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v13i1.14633

Abstract

The Indonesian Constitution guarantees the broadest possible regional autonomy under Article 18(5) of the 1945 Constitution. However, Law No. 6 of 2023 and Government Regulation No. 23 of 2021 have recentralised forestry authority that had previously been decentralised to regional governments. This study aims to analyze the constitutional framework governing the distribution of authority between the central and regional governments in forest management and to assess the constitutionality of the recentralization introduced through both regulations. This study employs normative legal research that is prescriptive-analytical in nature, utilizing statutory and conceptual approaches and applying Hans Kelsen's Stufenbau Theory, the principles of decentralization and subsidiarity, and the doctrine of state control rights. The findings indicate that the recentralization of forestry authority lacks a valid constitutional basis. The policy substantively reclassifies forestry from a concurrent affair into an exclusive central government authority without amending the organic regional government law. It also fails the proportionality test, inherits procedural defects from Constitutional Court Decision No. 91/PUU-XVIII/2020, and undermines vertical checks and balances mechanisms. This study implies the necessity of normative reconstruction grounded in the subsidiarity principle. The four-layer proportionality test developed herein can be applied by the Constitutional Court as an evaluative framework for sectoral policies that potentially reduce regional autonomy.
The Role of Sharia in Constitutional Systems: A Comparative Study of Indonesia and Malaysia Arinal Arinal; Yeni Widowaty
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol. 13 No. 1 (2026): Politica: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v13i1.14673

Abstract

The integration of Sharia into constitutional systems has become a significant issue in modern Muslim-majority states seeking to balance Islamic values with the principles of the rule of law, democracy, and human rights. Previous studies have examined the implementation of Sharia in specific areas, such as family law, Islamic finance, and religious institutions. However, there remains limited comparative research on the constitutional position, legal integration, and institutionalization of Sharia within the state systems of Indonesia and Malaysia, particularly concerning the formulation of an ideal constitutional model for modern governance. This study aims to analyze the role and position of Sharia within the constitutional systems of both countries, compare their models of legal and institutional integration, and formulate an ideal model for the integration of Sharia. This normative legal research employs statutory, conceptual, and comparative approaches. The findings reveal that Indonesia adopts a pluralistic-substantive model in which Sharia is accommodated through legislation and state institutions without explicit constitutional recognition. In contrast, Malaysia adopts a formal-institutional model supported by a dual legal system that grants Sharia a stronger constitutional and institutional status. This study proposes a constitutional-progressive model that harmonizes Sharia values with constitutional supremacy, democracy, the rule of law, and the protection of human rights.

Page 15 of 17 | Total Record : 162

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