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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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Analysis of Local Government Responsiveness Capacity in Higher Education from the Perspective of Public Policy Tin Amalia; Gesit Yudha
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.v13i1.14857

Abstract

This study examines the responsiveness capacity of local governments in higher education policy from a public policy perspective within decentralized governance systems. The research is motivated by the growing demand for local governments to move beyond administrative compliance toward adaptive and collaborative governance capable of addressing complex educational challenges. Despite the strategic importance of higher education for regional innovation, labor market alignment, and social mobility, studies on local government responsiveness have predominantly focused on basic public services, leaving higher education underexplored. This study employs a Systematic Literature Review (SLR) methodology by analyzing peer-reviewed articles published between 2013 and 2024 sourced from Scopus, Web of Science, and Google Scholar. The findings reveal that responsiveness is influenced by institutional capacity, leadership quality, stakeholder engagement, intergovernmental coordination, fiscal autonomy, and digital governance infrastructure. The study further proposes a “Hybrid Responsiveness” model integrating collaborative governance and adaptive governance approaches to explain how local governments balance administrative obligations with strategic regional innovation. This research contributes to practical standpoint, it provides a policy-oriented framework that emphasizes institutional strengthening, fiscal reform to support higher education initiatives, and multi-stakeholder coordination mechanisms, thereby enabling local governments to play a more effective and responsive role in fostering inclusive and sustainable higher education development.
The Discursive Construction of Kiai’s Charisma in Indonesia: Power, Fantasy, and Religious Authority in Post-Reformation Pesantren Akhmad Satori; Faisal Fadilla Noorikhsan; Ahmad Anfasul Marom
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.v13i1.14862

Abstract

Studies on Kiai’s charisma have traditionally adopted essentialist or purely sociological perspectives, often neglecting how charisma is discursively constructed within post-Reformation political dynamics. This study offers an ontological rethinking of charisma, analyzing it as a partially fixed and contingent discursive construct. Specifically, it explores the discursive logic of charisma by examining political contestations and the role of fantasy in sustaining authority. Adopting a qualitative case study of a post-Reformation pesantren (Islamic boarding school) in Tasikmalaya, this research utilizes Poststructural Discourse Analysis (PDA) framed within Glynos and Howarth’s Logics of Critical Explanation. Data were gathered through in-depth interviews with followers and pesantren archives, subsequently coded using NVivo software. The empirical findings reveal that the Kiai's charisma is not an inherent trait but a structural capacity formed by articulating a "chain of equivalence" that unites student (follower) identity against secular modernization. Furthermore, followers' obedience is sustained by ideological fantasies of karamah (divine marvels) and barakah (blessings), which temporarily conceal their socio-psychological anxieties and unfulfilled desires. Theoretically, this study extends the application of post-structuralist discourse theory to traditional religious authority. Practically, it provides fresh insights into reading power relations within evolving traditional educational institutions.
The Modern Nation-State in Egypt as a Continuation of Colonialism: The Palestinian Cause as a Case Study A Qader
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.v13i1.14908

Abstract

This study addresses a persistent gap in the literature: the absence of a causal explanation for the relationship between the values of the modern nation-state and the doctrine of Al-Wala' wal-Bara' (“Loyalty and Disavowal”) in Egyptian foreign policy. Analytically, it seeks to deconstruct the impact of secular nationalism on shifts in Egyptian foreign policy decision-making regarding the Gaza war (2023–2026). Methodologically, the study adopts a case-study approach, employing content analysis techniques alongside recently declassified intelligence documents to ensure source validity. The theoretical framework integrates Benedict Anderson's theory of the Imagined Community with Selectorate Theory to theorize the clash between transnational religious principles and the sovereignty of the modern nation-state. The causal findings reveal that the decline in doctrinal solidarity stems from the functional logic of the deep state apparatus, which defines national interest in terms of regime survival contingent upon external support. The study's substantive contribution lies in an explanatory model that enriches international relations and Islamic political studies by clarifying how religious ideology becomes subordinated to the structure of the modern state.
Regulatory Model for the Use of Artificial Intelligence in Notarial Legal Documents in the Era of Digital Transformation Dian Fitriana; M. Hadi Shubhan; Rosa Ristawati; Mas Rahmah
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.v13i1.14978

Abstract

The use of Artificial Intelligence (AI) in notarial services is becoming increasingly important in the era of digital transformation. However, previous studies have mainly focused on the opportunities offered by digitalization and have not sufficiently addressed the legal conflicts arising from the use of AI in Indonesian notarial practice. This study aims to analyze the legal challenges of AI implementation in notarial services and to propose a regulatory model that supports legal certainty, accountability, and personal data protection. This research uses a normative juridical approach through statutory, conceptual, and comparative analyses. The study examines the Law on Notarial Office, the Electronic Information and Transactions Law, and the Personal Data Protection Law, supported by relevant legal literature and international developments regarding AI governance. The results show that Indonesian notarial regulations have not fully adapted to technological developments. While the Electronic Information and Transactions Law recognizes electronic documents and digital signatures, the Law on Notarial Office still requires conventional notarial procedures, creating regulatory inconsistency and legal uncertainty. The study also finds that the use of AI in notarial practice raises challenges related to legal responsibility, transparency, cybersecurity, and personal data protection. This study proposes an AI-assisted notarial regulatory model based on three principles: recognition of electronic notarial services, human supervision over AI systems, and stronger personal data protection mechanisms. The study contributes to the development of cyber notary regulation in Indonesia by positioning AI as a supporting tool under the responsibility and control of the notary.
Water Constitutionalism and Qur'anic Ethics: Reconstructing Equitable Participatory Governance Liza Evita; Ledyawati Ledyawati
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.v13i1.15072

Abstract

The water governance crisis in Indonesia highlights the fundamental paradox between the strengthening of constitutional recognition of the right to water and the lack of public participation in its management. On the one hand, water has been designated as a strategic resource controlled by the state for the greatest prosperity of the people, as affirmed in Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia and reinforced by Constitutional Court Decision Number 85/PUU-XI/2013. However, on the other hand, water governance practices still face challenges such as resource exploitation, ecological conflicts, and public participation that tends to be formalistic. This study aims to analyze the construction of water constitutionalism in the Indonesian legal system and reconstruct Quranic ethics as a normative foundation for strengthening participatory water governance. This study uses normative legal research methods with legislative, conceptual, and philosophical approaches. Data were obtained through a literature review of the constitution, water resource regulations, court decisions, Quranic verses, books, and accredited international and national journals. The analysis was conducted qualitatively using source, theoretical, and normative triangulation techniques. The results of the study indicate that constitutional water governance in Indonesia still faces a gap between legal norms and the implementation of public participation. Public participation in water resource management is not yet fully substantive, which causes inequality in access and ecological conflict. This study also found that the ethical principles of the Qur'an such as 'adl (justice), mizan (balance), amanah (trust), and the prohibition against israf have strong relevance to the modern paradigm of sustainability and ecological justice. Therefore, this study proposes a model for reconstructing participatory water governance based on the integration of constitutional water governance and Qur'anic ethics.
Campus Accessibility for Persons with Disabilities at State Islamic University of Alauddin Makassar: A Maqāṣid al-Sharī‘ah and Universal Design Policy Perspective Fajar Fajar; Firdaus Firdaus
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.v13i1.15204

Abstract

This study aims to examine and analyze the level of accessibility of buildings at State Islamic Higher Education Institutions (PTKIN), particularly UIN Alauddin Makassar, in accommodating the needs of persons with disabilities from the perspective of maqāṣid al-sharīʿah and Universal Design policies. Since there has been no comprehensive research that integrates the maqāṣid al-sharīʿah perspective with universal design policies in the context of PTKIN, most previous studies have been conducted at general public universities, leaving PTKIN relatively unexplored. This study aims to fill that gap by examining and analyzing the level of building accessibility at UIN Alauddin Makassar. This study uses a descriptive qualitative approach with data collection techniques in the form of direct observation of physical infrastructure, in-depth interviews with students with disabilities, and a review of relevant policies and regulations. The results show that most campus facilities do not meet the physical accessibility standards as stipulated in the Minister of Public Works and Public Housing Regulation No. 14 of 2017, and have not systematically integrated the principles of Universal Design in the planning and development of facilities. This condition also reflects a discrepancy with the principles of maqāṣid al-sharīʿah, particularly those related to the protection of reason (ḥifẓ al-ʿaql), the protection of life (ḥifẓ al-nafs), and respect for human dignity (karāmah al-insān). Therefore, continuous structural improvements, data-driven policy development, and strengthened institutional commitment are needed to create an inclusive, fair, and civilized campus environment for the entire academic community, including persons with disabilities.
Legal Protection for Advocates as Human Rights Defenders: An Analysis of Law No. 18 of 2003 on Advocates in Indonesia Eka Putra Zakran; Achyar Zein; Mhd. Yadi Harahap
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.v13i1.15247

Abstract

The Indonesian Advocates’ Code of Ethics and Law Number 18 of 2003 concerning Advocates recognize advocates as members of an officium nobile and guarantee their professional independence in performing their duties as law enforcement officers and human rights defenders. However, the increasing incidence of intimidation, violence, and criminalization against advocates reveals a persistent gap between the legal protections guaranteed by law and their implementation in practice. Although advocates play a pivotal role in protecting human rights and ensuring access to justice, limited research has examined the effectiveness of Indonesia’s legal framework in safeguarding their professional independence through legal protection and the enforcement of the Code of Ethics. This study aims to evaluate the effectiveness of the existing legal framework in protecting advocates as human rights defenders, with particular emphasis on professional independence and the enforcement of the Indonesian Advocates’ Code of Ethics. The research adopts a normative legal method using statutory, conceptual, and case approaches. The analysis is based on Law Number 18 of 2003 concerning Advocates, the Indonesian Advocates’ Code of Ethics, relevant human rights instruments, and the case of the acid attack against advocate and human rights defender Andrie Yunus. The findings indicate that, despite formal legal guarantees of professional independence, the current framework remains ineffective due to weak institutional coordination, inconsistent law enforcement, and inadequate enforcement of the Code of Ethics. These shortcomings expose advocates to intimidation and violence, limiting their ability to perform their professional responsibilities independently. The study concludes that strengthening legal protection requires regulatory reform, more effective enforcement of the Code of Ethics, stronger institutional collaboration, and comprehensive protection mechanisms. These measures are essential to safeguarding advocates’ independence, improving access to justice, and reinforcing human rights protection in Indonesia.
Reconstructing Electoral Legal Politics in Indonesia: A Critical Analysis of the Ambivalence of the Open Proportional System and Electoral Thresholds Post Constitutional Court Decision No. 55/PUU-XXII/2024 Lisda Apriliani Sobirin; Muhamad Iqbal Ansori Firdaus; Ilman Napiah; Taufik Taufik; Fina Rosalina; Dian Hadiana
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.v13i1.15454

Abstract

Indonesia's post reform electoral system was designed to strengthen popular representation but has paradoxically become an arena for elite interest contestation. This study critically analyzes the ambivalence of legal politics regarding the open proportional system and electoral thresholds, focusing on Constitutional Court Decision No. 55/PUU-XXII/2024. Employing doctrinal legal research with statutory, conceptual, and case approaches, the analysis examines Law Number 7 of 2017 and the Court's jurisprudence. The findings reveal a structural paradox: the system normatively recognizes popular sovereignty but practically restricts political competition through high thresholds that benefit political cartels and incentivize high cost politics. Furthermore, the Constitutional Court’s open legal policy doctrine frequently metamorphoses into a shield for the legislative oligarchy, evading substantive constitutional correction. Ultimately, this article proposes a comprehensive reconstruction of electoral legal politics, shifting the paradigm from democratic containment to electoral justice. This reconstruction demands normative threshold reforms, structural political funding improvements, and the application of strict scrutiny by the Constitutional Court to safeguard citizens' rights against oligarchic capture, ensuring genuine constitutional democracy and equitable political participation.
Between Constitutional Commitment and Policy Reality: An Analysis of Poverty Alleviation in Aceh Nanda Herijal Putra; Muhammad Suhaili Sufyan
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.v13i1.15645

Abstract

Poverty in Aceh continues to present a serious obstacle to the achievement of social welfare in Indonesia. Although the 1945 Constitution assigns the state a clear responsibility to ensure social justice and equitable prosperity, significant disparities remain in people’s access to education, healthcare, employment opportunities, and economic resources. This situation indicates a persistent mismatch between constitutional ideals and the realities of public policy implementation. This study departs from the limited body of literature that connects constitutional law perspectives with public policy theory, particularly the work of Thomas R. Dye, in explaining structural poverty. Previous studies generally treat constitutional analysis and policy evaluation separately, which limits a more integrated understanding of how constitutional mandates are translated into policy choices. The study aims to examine structural poverty alleviation as a constitutional responsibility of the state through Thomas R. Dye’s public policy perspective, with specific attention to the concept of government choice in shaping policy directions and implementation. A normative legal research method is applied, using statutory, conceptual, and policy approaches. The data are collected through library research and analyzed qualitatively. The findings suggest that, in Dye’s framework, structural poverty is shaped less by resource constraints and more by political and institutional government choices regarding agenda setting, resource allocation, and policy priorities. In Indonesia, poverty reduction policies are still largely oriented toward short-term social assistance, while structural reforms that address inequality at its roots remain limited. This condition results in a gap between constitutional commitments and actual policy performance. The study concludes that a realignment of policy choices is necessary to better reflect constitutional obligations through more structural, inclusive, and justice-oriented governance within the welfare state framework.
Wali Nanggroe and Revitalization of Traditional Authority in The Modern Political System of Aceh M Rizwan; Tunku Mohar Mokhtar; Muhammad bin Abubakar; Dahlan A Rahman; Bimby Hidayat
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.v13i1.14486

Abstract

Studies on traditional institutions in Aceh have predominantly focused on their historical development, legal status, and political dynamics, while limited attention has been given to the transformation of traditional authority into a governance mechanism that sustains peace in post-conflict societies. This study examines how the revitalization of the Wali Nanggroe institution has extended beyond its conventional role as the guardian of Acehnese customs and cultural identity to become an institutional mechanism supporting sustainable peace within Aceh’s contemporary governance system. Employing a qualitative research design, the study integrates policy analysis and discourse analysis to examine legal frameworks, policy documents, the Helsinki Peace Agreement, and relevant scholarly literature. The data were analyzed interpretively to explore the institutional construction, legitimacy, and governance functions of Wali Nanggroe. The novelty of this study lies in its conceptualization of Wali Nanggroe as a form of hybrid governance, demonstrating how a traditional institution can mediate between customary authority, state institutions, and society to reinforce peacebuilding in a post-conflict context. The findings reveal that the institutionalization of Wali Nanggroe has strengthened the legitimacy of customary authority while providing an inclusive platform for mediation, social consolidation, and the preservation of social cohesion, all of which contribute to political stability in Aceh. Although the institution continues to face challenges related to accountability, transparency, and the delineation of institutional authority, it remains a strategic actor in maintaining sustainable peace. This study contributes to the literature on traditional authority, hybrid governance, and peacebuilding by demonstrating that the revitalization of customary institutions can serve as an effective governance mechanism for sustaining peace and strengthening governance in post-conflict societies.

Page 16 of 17 | Total Record : 162

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