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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 83 Documents
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The Mediation Existence and Opportunities of State Administrative Court in Supreme Court Regulation Maliki, Ibnu Akbar; Saputra, Nugraha Adi; Putra, Alamsyah Nurrahmad
As-Siyasi: Journal of Constitutional Law Vol. 4 No. 1 (2024): 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.v4i1.21667

Abstract

The implementation of mediation in the Indonesian judiciary is regulated in Supreme Court Regulation (PERMA) No. 1 of 2016 on Mediation Procedures in Courts. However, the PERMA only regulates the practice of mediation in District Courts and Religious Courts, not in the State Administrative Court. Nevertheless, the PERMA allows the State Administrative Court to conduct mediation by the provisions of the legislation. However, practical guidelines governing mediation at the State Administrative Court are not detailed. In practice, this legal vacuum has led to a lack of optimisation of mediation as an instrument of dispute resolution at the State Administrative Court. The research aims to analyse the extent of the opportunities provided by the Supreme Court in PERMA No. 1 of 2016 to implement mediation procedures at the State Administrative Court. This research is normative juridical and analytical descriptive conducted by literature review. The data was collected using the documentation technique to be analysed using the normative analysis method. The analysis indicated no specific rules regarding the implementation of mediation at the State Administrative Courts. Still, the opportunity is wide open when viewed from the type of case, which is generally included in the civil case type. Furthermore, then PERMA is not the only absolute legal basis for the implementation of mediation at the State Administrative Court, as confirmed in Article 130 HIR and Article 154 RBg. The PERMA only fills the legal vacuum related to mediation procedures not explained in the previous regulations. Therefore, it is necessary to reform the law related to mediation at the State Administrative Court to achieve a court with integrity, speed, simplicity and low cost.
Decree With Legislative Content in Comparative Constitutional Law Manili, Pablo Luis
As-Siyasi: Journal of Constitutional Law Vol. 4 No. 1 (2024): 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.v4i1.22711

Abstract

This study examines the regulation of Emergency and Urgency Decrees (DNU) in various international constitutions to identify common patterns and differences among them. The research aims to conduct a comparative analysis of DNU regulations in various international constitutions, identifying common patterns, similarities, and differences. The primary focus is to understand how different countries regulate the use of DNUs, including approval procedures, material limitations, and legislative oversight mechanisms. This study employs normative juridical research with a statutory and comparative approach. The countries compared in this study include the United Kingdom, the United States, Paraguay, Prussia, Austria, Spain, Italy, Sweden, Brazil, Colombia, Peru, Ecuador, and Argentina. The data used are secondary data comprising primary legal materials, including the constitutions of the respective countries and their statutory regulations. Secondary legal materials consist of research articles and journals, while tertiary legal materials include dictionaries. The results indicate that although many constitutions do not explicitly regulate DNUs, parliamentary systems are more likely to have DNU-related regulations compared to presidential systems. All constitutions that regulate DNUs require immediate approval by the legislature and set specific time limits for this process. Some countries impose strict limitations on the material that can be regulated through DNUs, ensuring that fundamental rights and government structures are not affected. The study concludes that stringent legislative oversight is necessary to prevent the misuse of executive power in the use of DNUs, and balancing the need for swift action with the protection of human rights is crucial for the effectiveness and accountability of DNUs.
Amnesty for Kurdish Genocide Perpetrators in the Perspective National and International Law Ahmed, Awara Hussein
As-Siyasi: Journal of Constitutional Law Vol. 4 No. 2 (2024): 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.v4i2.23575

Abstract

The concept of amnesty has long been a subject of debate, especially when it concerns those responsible for heinous crimes such as genocide. This study aims to analyze the legal implications of the 1991 general amnesty issued by the Kurdistan Council, focusing on its impact on victims' rights and transitional justice from both national and international legal perspectives. Employing a legal analysis method, the research examines laws, court decisions, conventions, and relevant statutes, as well as academic studies and legal documents. The findings reveal that, based on legal principles at both domestic and international levels, perpetrators of international crimes in general, and genocide in particular, cannot escape legal accountability. Amnesty is inconsistent with the principles of equality and the protection of all individuals before the law. However, if amnesty must be chosen as a last resort and is entirely unavoidable, this legal flaw can be rectified by prosecuting the perpetrators in court.
Legal and Constitutional Analysis of Federal Court Decision No. 230/Federal/2022: Regarding Marriage to Second Wife in the Province of Kurdistan Baram, Sadi Hassan
As-Siyasi: Journal of Constitutional Law Vol. 4 No. 2 (2024): 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.v4i2.23614

Abstract

The Federal Court of Iraq issued Decision No. 230/Federal/2022, declaring the unconstitutionality of Article 12 of Law No. 15 of 2008, which grants the first wife the right to request a divorce if the husband marries a second wife. This article, enacted in the Kurdistan Region, was deemed to violate Islamic law and Article 2(a) of the 2005 Iraqi Constitution, which prohibits laws conflicting with the principles of Islam. The decision left behind a heated debate in the courts of the region between working with the article that the court cancelled or adhering to the court’s decision as the competent authority to interpret legal texts and resolve controversial issues. This study aims to examine the legal basis supporting the Federal Court’s decision with legal articles in force in the current Iraqi Personal Status Law, highlight the conflicts in the Kurdistan Region’s legal amendments, and address the decision’s strengths and shortcomings. Utilizing an analytical method, the study reviews and interprets relevant legal texts within the context of Iraqi Personal Status Law. the court, regardless of its supervisory authority, in addition to the justifications mentioned for the cancellation of Article 18 in the Kurdistan Region, is not infallible from shortcomings and observations; because it opposed in its decision what some sects have gone to, and deprived the wife of the right to demand separation under the pretext of violating the texts of the constitution and Islamic law. The study proved that the condition is not contrary to Islamic law as decided by the court; because it is a subject of disagreement among scholars, and it is also not considered contrary to the constants of Islamic rulings as stated in the decision of the Federal Court, because there is no jurisprudential consensus on such constants. 
Rolling the Boulder Uphill: The African Union, Constitutional Amendments, and the Struggle for Democracy and Rule of Law Nxumalo, Sfiso Benard
As-Siyasi: Journal of Constitutional Law Vol. 4 No. 2 (2024): 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.v4i2.24291

Abstract

Constitutional amendments in Africa often challenge the principles of constitutionalism, democracy, good governance, and the rule of law. While constitutions are designed to be stable and reflect a nation's enduring values, amendments frequently focus on extending presidential terms, weakening the separation of powers, and undermining judicial independence. Domestic mechanisms to safeguard against such changes are often insufficient, with constitutional provisions and referenda susceptible to manipulation. This paper examines the African Union (AU) and Regional Economic Communities (RECs) in addressing these challenges. Both institutions claim a commitment to upholding constitutionalism and democracy, yet their normative frameworks inadequately address the risks of constitutional amendments. Despite the AU’s pronounced opposition to unconstitutional government changes, its response to constitutional amendments that erode governance principles has been inconsistent and undermined by uncertainties regarding subsidiarity with RECs. The paper argues that these shortcomings render the AU's efforts akin to a Sisyphean struggle, where progress toward promoting the rule of law and democracy is undone by its inaction on amendments that subvert these values. The AU and RECs must adopt a more coordinated and decisive approach to constitutional changes to prevent further erosion of African constitutionalism.
Reforming the Parliamentary Threshold in Indonesia's General Elections: A Legal and Fiqh Siyasah Dusturiyah Perspective Barqi, Suha Yusbairoh; al Arif, M. Yasin; Irwantoni, Irwantoni
As-Siyasi: Journal of Constitutional Law Vol. 4 No. 2 (2024): 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.v4i2.24326

Abstract

This study examines the issues surrounding the establishment of the parliamentary threshold in Indonesian elections from 2009 to 2024, as well as the urgency of its reform, from the perspective of fiqh siyasah dusturiyah. The study aims to analyze the impact of the parliamentary threshold on the multi-party system and the stability of democracy and to offer solutions based on Islamic legal studies. The research employs a juridical-normative method with both a legislative and conceptual approach. Data were collected through literature studies, including legal documents, scholarly journals, and court proceedings. The study results show that applying the 4% parliamentary threshold in Law No. 7 of 2017 has led to negative consequences, such as the significant waste of valid votes and the limited access of smaller parties to the Parliament. From the perspective of fiqh siyasah dusturiyah, this policy does not fully align with the principle of maslahat, as it creates imbalances in political representation. Therefore, a threshold revision to a more rational figure, such as 1%, is needed to minimize wasted votes and reinforce the principle of democratic justice. The conclusion emphasizes that the threshold size must consider the maslahat (benefit) of society and align with the principles of fiqh siyasah dusturiyah to support implementing a more inclusive and just electoral system.
Examining the Constitutionality of the Minister of Home Affairs’ Appointment of Acting Governors, Regents, and Mayors During the 2024 Regional Election Transition Makiin, Inda Dzil Arsyi; Alamsyah, Mirah Satria; Ja'far, A. Kumedi
As-Siyasi: Journal of Constitutional Law Vol. 4 No. 2 (2024): 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.v4i2.24626

Abstract

Law Number 10 of 2016 concerning Regional Head Elections (UU Pilkada) mandates the implementation of Simultaneous Regional Head Elections in 2024. As this event approaches, many regional heads will complete their terms before the elections, leading to vacancies filled by Acting Regional Heads (Pj). These appointments, lasting up to 2.5 to 3 years, have occurred without technical regulations, with 103 appointments made as of January 20, 2023, raising controversies and procedural issues. This research aims to examine the constitutional conformity of the appointment process, the potential for conflicts of interest in the appointment and placement of acting regional heads, and the application of meritocracy in these appointments. The study employs a normative legal approach using secondary data consisting of primary and secondary legal materials. The findings indicate that the appointment of acting regional heads is not in accordance with the Constitution due to insufficient public participation, as mandated by Constitutional Court Decision Number 91/PUU-XVIII/2020. Furthermore, there is a lack of information transparency, violating Article 28F of the Constitution. The study also highlights the potential for conflicts of interest in the appointment and placement processes, posing significant risks to public integrity and trust. Additionally, the application of meritocracy in appointing acting regional heads, particularly those with military or police backgrounds, is considered justifiable due to their expertise in institutional management gained through professional experience and education.
The Unconstitutionality of the Offence of Insulting the Government in the 2023 Criminal Code: A Critical Review of Freedom of Expression Yanis, Tryan Zaki Aulia; Muhtadi; Ahmad Saleh; M. Yanis, Adam
As-Siyasi: Journal of Constitutional Law Vol. 5 No. 1 (2025): 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.v5i1.24739

Abstract

The reintroduction of provisions on insulting the government in Articles 240 and 241 of Law No. 1 of 2023 has raised significant constitutional concerns, particularly given that similar provisions were previously annulled by the Constitutional Court in Decisions No. 013-022/PUU-IV/2006 and No. 6/PUU-V/2007. This study aims to analyze the rationale behind the reinstatement of these provisions and assess their constitutionality in light of the 1945 Constitution, especially regarding the right to freedom of expression. This study examines primary legal materials and relevant jurisprudence by employing a normative legal research method with conceptual, statutory, and case approaches. The findings show that the government justifies the provisions as social control tools based on insult as mala in se. However, their vague and subjective wording presents substantial risks of arbitrary interpretation, threatening democratic safeguards on criticism and free speech. The research concludes that despite procedural modifications, such as converting the offense into a complaint-based one, the substance of Articles 240 and 241 still contradicts constitutional guarantees and reflects a regression in legal protection for freedom of expression. This study highlights the urgency for more constitutionally aligned legislation and the role of the Constitutional Court as a guardian of democratic rights
Barriers to Local Government Legal Policy in Fulfilling Social Security for Vulnerable Workers Fauzani, Muhammad Addi; Wahyuningsih, Aprillia; Rahman, Diva Febrina Nurcahyani
As-Siyasi: Journal of Constitutional Law Vol. 5 No. 1 (2025): 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.v5i1.24979

Abstract

This study examines, first, the barriers of the position of the Regional Government and the character of vulnerable workers in social security for vulnerable workers. Second, to formulate legal policies that can be taken by the Regional Government in providing social security for vulnerable workers. The study uses a normative legal method and a 2 (two) model approaches consisting of a statutory approach and a conceptual approach. The results of the study conclude, first, the position of the Regional Government in social security for vulnerable workers is still regulated abstractly and partially. However, in general, based on the analysis of several regulations above, the Regional Government has the authority to organize social security for vulnerable workers. The criteria for vulnerable workers are economically and socially vulnerable, vulnerable in terms of work risks and vulnerable to job loss. The Regional Government needs to provide social security for vulnerable workers because they have double vulnerabilities. Second, the regional legal policies that can be taken in providing social security for vulnerable workers are: a) harmonizing laws and regulations both vertically and horizontally; b) determining the form of the legal policy basis and the content of the material in providing social security for vulnerable workers; c) determining the criteria for vulnerable workers and participation in employment social security; d) measuring the amount of financing needed.
Legal Protection and Rights Fulfilment of People with Mental Health Disorders: An Analysis of Islamic and Health Legal Perspectives Rohim, Abdal
As-Siyasi: Journal of Constitutional Law Vol. 4 No. 2 (2024): 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.v4i2.25467

Abstract

This study investigated the protection of rights, equality, and justice for people with mental disorders (ODGJ) from the perspectives of health and Islamic law. This study aimed to determine and analyze the legal protection and fulfilment of health rights for people with mental disorders. This study employed the normative juridical approach and analytical descriptive research. It relied on primary and secondary data collected through library and field research, encompassing primary, secondary, and tertiary legal sources. The collected data were subjected to qualitative and quantitative analyses using a deductive method. These findings indicate that neglected people with mental disorders face barriers to healthcare access, such as a lack of health insurance and the absence of responsible family members. The government must ensure justice in mental health initiatives for neglected people with mental disorders, as they have the same rights as healthy individuals. Social justice should be upheld without discrimination. Islamic teachings emphasize fairness as a universal principle applicable to everyone, including those with mental illnesses. The government must provide legal protection for neglected patients with mental disorders and secure their rights, as outlined in the 45th Constitution (Article 28D, paragraph 1), Mental Health Law (Article 3C), and Human Rights Law. These regulations affirm the entitlement of all citizens to legal protections.

Page 5 of 9 | Total Record : 83

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