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INDONESIA
AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW
Published by Universitas Islam Negeri Raden Intan Lampung
ISSN : -     EISSN : 27983528     DOI : 10.24042/as-siyasi.v1i2.11343
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
As-Siyasi: Journal of Constitutional Law adalah jurnal ilmiah yang diterbitkan oleh Prodi Hukum Tatanegara (SiyasahSyar’iyyah) Fakultas Syari’ah Universitas Islam Negeri Raden Intan Lampung dalam dua periode pertahun. Jurnal ini membahas perkembangan hukum tatanegara yang dilihat dalam berbagai khasanah keilmuan dengan berbagai pendekatannya. Ruang lingkup jurnal As-Siyasi menfokuskan pada kajian HukumTata Negara dan HukumTata Negara Islam.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 109 Documents
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Normative Legitimacy of Village Regulations Beyond the Statutory Hierarchy: Reconstructing Their Legal Status in Indonesia Wahyu Prianto; Erna Kurniawati
As-Siyasi: Journal of Constitutional Law Vol. 6 No. 1 (2026): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v61.30679

Abstract

This article examines the legal standing and legitimacy of Village Regulations (Peraturan Desa/Perdes) in the Indonesian legislative system after the enactment of Law No. 12 of 2011. Since Perdes is no longer expressly included in the hierarchy of laws and regulations under Article 7(1), questions arise regarding its normative validity and position within the national legal order. This study aims to analyze the normative legitimacy of Village Regulations, identify their legal status within Indonesia’s legislative system, and explain the implications of that status for village autonomy and the potential for vertical disharmony in legal control mechanisms. This research applies a statutory and conceptual approach, employing descriptive-qualitative analysis and Hans Kelsen’s Stufenbau theory to assess the validity and interrelation of Perdes within the structure of legal norms. The findings show that although Village Regulations are no longer part of the main hierarchy, they remain legally recognized and binding. However, their validity largely depends on authority derived from higher-level regulations, making them derivative in nature. This condition affects the exercise of village autonomy, which depends not only on delegated authority but also on institutional readiness and village regulatory capacity. In addition, vertical disharmony may occur between administrative supervision by regents/mayors and judicial review by the Supreme Court. The study recommends clearer legal construction of Perdes, a firmer distinction between preventive supervision and repressive judicial review, and stronger village legislative capacity.
State Responsibility and Food Safety Supervision in the Free Nutritious Meal Program: A Constitutional and Health Law Analysis Sugiarti, Taty; Arifin, Firdaus; Maarif, Ihsanul
As-Siyasi: Journal of Constitutional Law Vol. 6 No. 1 (2026): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v61.30885

Abstract

Food safety is a critical component of public health governance, particularly in large-scale food programs where inadequate hygiene and sanitation can increase the risk of foodborne disease. In Indonesia, the Free Nutritious Meal Program relies on catering services whose compliance with food hygiene standards is essential to protect beneficiaries, especially school-aged children. This study examines the legal and institutional supervision of catering hygiene and sanitation within the program from a constitutional and health law perspective. Using normative juridical research supported by a socio-legal approach, the study operationally analyzes statutory regulations, policy frameworks, and institutional practices through library research and document analysis of national laws, technical regulations, and international food safety standards. Qualitative interpretative analysis was employed to evaluate regulatory effectiveness, supervisory mechanisms, and governance challenges. The findings reveal that Indonesia possesses a relatively comprehensive food safety regulatory framework; however, the effectiveness of supervision remains constrained by limited institutional capacity, fragmented inter-agency coordination, and inconsistent compliance among food service providers. This study identifies a persistent gap between regulatory norms and practical enforcement, emphasizing the need for integrated regulatory enforcement, risk-based supervision, and stronger institutional collaboration. The research contributes to health law scholarship by strengthening the conceptual understanding of food safety governance in public food programs. Limitations include reliance on normative and policy analyses without direct field observation, suggesting the need for future empirical studies of implementation practices at local operational levels
Resolving Authority Dualism Between National Sharia Arbitration Board and Sharia Courts Through Maslahah Arminsyah; Indra Utama Tanjung; Siti Arifah Syam
As-Siyasi: Journal of Constitutional Law Vol. 6 No. 1 (2026): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v61.31910

Abstract

The development of the Sharia economy in Indonesia requires a dispute resolution mechanism that ensures legal certainty, justice, and effective law enforcement. However, the coexistence of National Sharia Arbitration Board (BASYARNAS)  and the Sharia Court has created a dualism of authority concerning jurisdiction, institutional legitimacy, and the enforcement of Sharia arbitration awards. This study aims to analyze the authority conflict between BASYARNAS and the Sharia Court and to formulate a harmonization model based on the principle of maslahah. Using a normative legal research method, the study employs statutory, conceptual, and philosophical approaches through the analysis of legislation, court decisions, and relevant legal doctrines. The findings reveal that the authority dualism originates from regulatory disharmony between arbitration law and religious court regulations, resulting in legal uncertainty and obstacles to the enforcement of Sharia arbitration awards. The study proposes a maslahah-oriented harmonization model that positions BASYARNAS as the institution responsible for resolving Sharia economic disputes through arbitration, while the Sharia Court functions as the supervisory, legalizing, and enforcing authority for arbitration awards. This model strengthens institutional coherence and legal certainty within the Sharia economic dispute resolution framework. The study contributes to the development of constitutional and Sharia economic law scholarship and provides recommendations for regulatory synchronization to establish an integrated, effective, and equitable dispute resolution system.
Constitutional Legal Pluralism in Woe Balee Marriage: Between Custom, Shafi'i Jurisprudence, and State Law Muhammad Haikal Tunisi
As-Siyasi: Journal of Constitutional Law Vol. 6 No. 1 (2026): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v61.32002

Abstract

The Woe Balee marriage tradition in Aceh reflects the interaction between Islamic jurisprudence, customary law, and the Indonesian legal system. Although widely accepted as a mechanism for preserving family continuity and protecting children after the death or dissolution of a marriage, the practice raises legal questions concerning the prohibition of marrying certain relatives, the relationship between living law and state law, and the constitutional protection of women’s and children’s rights through marriage registration. This study aims to examine the legal status of Woe Balee marriage according to Shafi'i jurisprudence and to analyze how the people of Gampong Blang Seunong understand and practice the tradition within the framework of Indonesian constitutional legal pluralism. The research employs an empirical socio-legal approach by combining normative analysis of classical Shafi'i legal texts, constitutional and statutory regulations, and the Compilation of Islamic Law with field data obtained through observation, semi-structured interviews, and document analysis involving village officials, religious leaders, customary leaders, and community members. The findings demonstrate that Woe Balee marriage is not absolutely prohibited under Shafi'i jurisprudence but is conditionally permissible after the legal dissolution of the previous marriage and the completion of the iddah period. Empirical evidence further indicates that the practice is primarily motivated by child welfare, family continuity, and social stability rather than customary obligation. However, unregistered marriages create legal uncertainty and weaken constitutional protection for women and children. The study concludes that constitutional recognition of customary practices should be accompanied by formal marriage registration to harmonize Islamic law, living law, and state law while ensuring legal certainty and the effective protection of fundamental rights
Justice, Expediency, and Legal Certainty in Indonesia's Constitutional Adjudication of the 2024 Presidential Election Nanda Setya Darmawan
As-Siyasi: Journal of Constitutional Law Vol. 6 No. 1 (2026): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v61.32390

Abstract

This study examines the amendment to the eligibility requirements for presidential and vice-presidential candidates following Constitutional Court Decision Number 90/PUU-XXI/2023, which enabled the candidacy of Gibran Rakabuming Raka and generated constitutional debate concerning the principles of justice, expediency, and legal certainty in Indonesia's constitutional democracy. This research aims to: (1) analyze whether the amended eligibility requirements reflect these fundamental legal values; and (2) examine their implications for Indonesia's legal system. This study employs normative legal research using statutory and conceptual approaches. The analysis is conducted through qualitative legal reasoning based on primary, secondary, and tertiary legal materials, using Gustav Radbruch's theory of justice, expediency, and legal certainty as the analytical framework. The findings indicate that the Court's legal reasoning raises constitutional concerns regarding the balanced realization of these legal values. From the perspective of justice, the decision presents issues relating to equality of political opportunity and judicial impartiality. In terms of expediency, it has broader implications for democratic governance and political representation. Regarding legal certainty, the ruling reflects an expanded constitutional interpretation of the Court's authority in determining candidate eligibility requirements. The novelty of this study lies in applying Radbruch's triadic legal values as an integrated framework for evaluating constitutional adjudication in Indonesia. Theoretically, this study contributes to the development of constitutional adjudication scholarship through a value-based analytical model. Practically, it provides normative insights for strengthening judicial integrity, constitutional ethics, and legal certainty in future constitutional adjudication
Criminal Liability in Mutual Insurance Governance: A Constitutional and Justice-Based Analysis under Indonesian Law Zul Armain; Tami Rusli; Zainab Ompu Jainah; Bambang Hartono
As-Siyasi: Journal of Constitutional Law Vol. 6 No. 1 (2026): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v61.32606

Abstract

This article examines criminal liability in the governance of mutual insurance institutions in Indonesia following the Constitutional Court Decision Number 32/PUU-XVIII/2020, which annulled Article 6 paragraph (1) of Law Number 40 of 2014 on Insurance. Although previous studies have discussed the constitutional implications of the decision and the regulatory status of mutual insurance, they have not addressed how the resulting legal vacuum affects the attribution of criminal liability to the organs of mutual insurance institutions. This unresolved issue constitutes the principal research gap addressed in this article. Employing normative legal research through statutory, conceptual, and philosophical approaches, this article integrates constitutional analysis of legal certainty under Article 28D paragraph (1) of the 1945 Constitution with John Rawls’ theory of justice as fairness and the doctrine of vicarious liability to evaluate the constitutional legitimacy of criminal liability within the unique governance structure of mutual insurance. The novelty of this study lies in proposing a constitutional model for reconstructing criminal liability that recognizes mutual insurance as a policyholder-owned institution rather than merely extending conventional corporate liability doctrines. The analysis demonstrates that the absence of explicit statutory regulation not only undermines legal certainty and the constitutional protection of policyholders’ rights but also perpetuates structural injustice by leaving criminal accountability without a clear legal basis. The article concludes that legislative reform establishing explicit criminal liability norms for mutual insurance governance is constitutionally required to ensure legal certainty, protect policyholders’ constitutional rights, and achieve substantive justice within Indonesia’s national insurance system
Reformulation of the Legal Politics of the Parliamentary Threshold in the Design of the 2029 General Election Following Constitutional Court Decision No. 116/PUU-XXI/2023 Barqi, Suha Yusbairoh; Yusdiyanto; Fathoni
As-Siyasi: Journal of Constitutional Law Vol. 6 No. 1 (2026): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v61.32629

Abstract

Indonesia's parliamentary threshold has been progressively increased over successive general elections. However, its determination has lacked objective, proportionate, and rational parameters, creating legal uncertainty and reducing political representation by excluding valid votes from parliamentary seat allocation. Constitutional Court Decision No. 116/PUU-XXI/2023 marks a constitutional turning point by requiring the legislature to reformulate the parliamentary threshold before the 2029 General Election using a constitutionally justifiable methodology. This study examines the legal politics of parliamentary threshold regulation following Constitutional Court Decision No. 116/PUU-XXI/2023 and proposes an appropriate regulatory model for the 2029 General Election. The research employs normative legal research using statutory, conceptual, case, and comparative approaches, analysed qualitatively through the theories of legal politics and democracy. The findings demonstrate that the Court's decision has transformed the concept of open legal policy from broad legislative discretion into a legal policy constrained by constitutional parameters. Comparative experience from Germany further indicates that a parliamentary threshold remains constitutionally justifiable when designed in accordance with the principles of proportionality, the protection of political representation, and empirically grounded criteria. Accordingly, this study proposes a reformulation model based on empirical and constitutional parameters by integrating the Effective Number of Parliamentary Parties (ENPP), the Gallagher Index, and wasted votes as the principal indicators for determining the parliamentary threshold. It recommends that these parameters serve as the normative basis for amending Indonesia's General Election Law before the 2029 General Election.
Constitutionalizing Islamic Inheritance Law Through Progressive Legal Interpretation Asrofi; Oyo Sunaryo Mukhlas; Ahmad Hasan Ridwan; Zulbaidah
As-Siyasi: Journal of Constitutional Law Vol. 6 No. 2 (2026): As-Siyasi: Journal of Constitutional Law (Article in Press)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v62.32594

Abstract

This article examines how the KHI (Compilation of Islamic Law) can acquire constitutional legitimacy in inheritance adjudication and how progressive law can operate as a disciplined method of constitutional interpretation. It employs normative legal research using statutory, conceptual, case, and limited comparative approaches. The analysis covers the KHI, constitutional and statutory norms, selected Supreme Court decisions on mandatory bequests, substitute heirs, marital property, and consensual distribution, as well as constitutional accommodation of religious law in Malaysia and England and Wales. The findings show that the KHI operates as institutionalized soft law with strong functional authority in the Religious Courts but incomplete formal and democratic legitimacy. This weakness creates risks for legal certainty, equality, property rights, procedural fairness, and accountability. Judicial practice has partially constitutionalized the KHI, yet relevant ratio decidendi are not consistently expressed through structured constitutional standards. The article therefore proposes directed constitutional progressivism, a three-layer model integrating constitutional supremacy, maqāṣid al-sharī‘ah, purposive interpretation, proportionality, and separation of powers. Its layers are simultaneous and mutually corrective: constitutional alignment in adjudication, harmonization of jurisprudence through transparent and reviewable reasoning, and participatory legislative strengthening that preserves controlled judicial flexibility. The model repositions progressive law within constitutionalism and supplies operational standards for judges, the Supreme Court, and legislators to protect substantive justice without sacrificing legal certainty or the normative identity of Islamic inheritance law
Mutual Insurance, Economic Democracy, and Legal Certainty: An Indonesian Constitutional Perspective Handayani, Wiwik; Jainah, Zainab Ompu; Rusli, Tami; Pasamai, Syamsuddin
As-Siyasi: Journal of Constitutional Law Vol. 6 No. 2 (2026): As-Siyasi: Journal of Constitutional Law (Article in Press)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v62.32622

Abstract

This article examines the constitutional position of mutual insurance as a manifestation of economic democracy within Indonesia's national insurance system. Following the Constitutional Court Decision Number 32/PUU-XVIII/2020, which declared Article 6 paragraph (1) of Law Number 40 of 2014 on Insurance conditionally unconstitutional, scholarly discussions have primarily focused on institutional and regulatory aspects of mutual insurance, while its constitutional significance as an embodiment of economic democracy and its implications for Indonesia's economic constitutionalism remain insufficiently explored. Employing normative legal research through statutory, conceptual, and historical approaches, this study uses Hans Kelsen's Pure Theory of Law to examine the normative consistency between constitutional principles and insurance legislation. In contrast, Gustav Radbruch's theory of legal certainty serves as the analytical framework for assessing the legal consequences of the existing regulatory vacuum. The analysis demonstrates that mutual insurance reflects the constitutional principles of collective ownership, participation, and kinship embodied in Article 33 paragraph (1) of the 1945 Constitution. Furthermore, the Constitutional Court Decision Number 32/PUU-XVIII/2020 establishes a constitutional obligation for the legislature to provide a statutory framework that recognizes the distinctive institutional character of mutual insurance, thereby transforming legal recognition from a regulatory policy into a constitutional mandate. Accordingly, this article contributes to the development of Indonesia's economic constitutionalism by reconceptualizing mutual insurance as a constitutionally protected economic institution whose sustainability depends upon legal certainty through comprehensive legislative reform.

Page 11 of 11 | Total Record : 109

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