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M. YASIN AL ARIF
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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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Legal Reform and Strengthening of The Financial Services Authority (OJK): Protecting Investors From Insider Trading in Indonesia Syazali, Emir Adzan; Najwan, Johni; Muskibah, Muskibah
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.v4i2.25513

Abstract

This study aims to analyze and critique the legal protections for investors against insider trading practices in Indonesia’s capital market, while highlighting the importance of strengthening the Financial Services Authority (OJK) in ensuring legal justice for investors. Utilizing a normative juridical method, this study employs various approaches, including the statute approach and the conceptual approach. The findings of this study reveal that the regulation of protection against insider trading in Indonesia's capital market remains inadequate due to legal gaps in the Capital Market Law, which has not comprehensively addressed issues, particularly regarding secondary tippees. Thus, a revision of the Capital Market Law is necessary to address these legal gaps by adopting the theory of abuse and regulating secondary tippees. Consistent and strict law enforcement must be enhanced. Furthermore, strengthening the capacity of the OJK is essential, including the use of technologies such as big data analysis and artificial intelligence to detect transaction anomalies more effectively. In addition to strengthening the internal capabilities of the institution, cooperation with other parties, such as law enforcement agencies and international bodies, is also crucial
Dynamizing Contemporary Ijtihad: Inclusivity and the Positivization of Islamic Law in Indonesia’s National Legal System Caniago, Sulastri; Yaswirman, Yaswirman; Efrinaldi, Efrinaldi; Warman, Arifki Budia; Efendi, Roni
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: 10.24042/6rvr2d48

Abstract

The Indonesian legal system comprises three main components: customary law, Islamic law, and European law. These three systems serve as foundational elements in the construction of a holistic and comprehensive national legal framework through national legal politics. This study aims to examine the position and role of Islamic law in Indonesia, focusing on Ijtihad in the context of social change and the positivization of Islamic law. Employing a normative juridical method, this research relies on secondary data sources, including primary and secondary legal materials. The findings reveal that the adaptive and dynamic character of Islamic law allows it to grow and develop in the Indonesian legal system, which is transforming codification and official and binding legal enforcement. This development cannot be separated from the direction and policy of legal politics that influence the process of Islamic legal legislation. Although its application is not yet comprehensive and is still limited to certain fields, Islamic law has gained recognition in the form of independence, legitimacy, and authority as part of national law
The Dominance of Coalitions and the Weakening of the Opposition: Implications for the Principle of Checks and Balances Post-2019 Election Frenki, Frenki; Pradikta, Hervin Yoki
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.v4i2.25813

Abstract

Indonesia, as a democratic state, requires the existence of an opposition to perform the functions of oversight, control, and criticism of the government. However, political realities reveal that many party elites prefer to form coalitions by placing their trusted allies in the cabinet rather than serving as the opposition. This study examines the state of coalitions and opposition in parliament following the 2019 General Election and their implications for the principle of checks and balances. It employs a normative method with a statutory and conceptual approach, analyzing secondary data comprising primary, secondary, and tertiary legal materials descriptively. The findings indicate that major political parties that previously acted as opposition during the 2019 General Election joined the government coalition. This situation strengthened the government's position in formulating policies with minimal resistance. Conversely, the opposition seized this opportunity to secure positions within the government. Although the principle of checks and balances continues to function post-2019, it has proven ineffective due to the limited number of opposition parties. Consequently, government-proposed legislation is frequently passed without significant debate in parliament. This reality negatively impacts Indonesia's democracy, reducing the effectiveness of oversight over executive power. The study concludes that the dynamics of coalitions and opposition post-2019 General Election have weakened the principle of checks and balances, ultimately jeopardizing the quality of democracy in Indonesia.
Reviltasilsasi Pasar Tradisional Melalui Kebijakan Pemerintah Daerah: Membangun Ekonomi Lokal yang Berdaya Saing di Kota Bandar Lampung Ali Abdul Wakhid; Abd. Qohar; Liky Faizal; Gesit Yudha; Wakhid, Ali Abdul; Qohar, Abdul Qohar; Faisal, Liky Faisal; Yudha, Gesit Yudha
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.v5i1.25924

Abstract

Traditional markets in Bandar Lampung face a decline in competitiveness due to structural, managerial, and regulatory weaknesses, especially in the face of modern retail’s rapid growth. This study aims to analyze the revitalization strategy of traditional markets through the implementation of Bandar Lampung Mayor Regulation Number 23 of 2021 and its effectiveness in supporting a competitive local economy. Employing a qualitative field research method, data were collected through interviews with key informants from the Trade Office, market traders, and community members and supported by policy documents, including national and local trade regulations. The findings reveal that revitalization efforts have not been optimal due to the limited scope of physical improvements and lack of legal enforcement. The research highlights the need for a holistic revitalization approach that integrates legal, economic, and sociological perspectives, strengthens regulatory frameworks, and empowers small traders. The study concludes that local government policies must go beyond physical infrastructure upgrades by ensuring legal certainty, participatory planning, and sustainable empowerment strategies to maintain the relevance of traditional markets in the modern economic landscape.
Manifesting the Spirit of “Gotong-Royong” between State Institutions in Maritime Security: As an Effort to Regulate and Enforce Law in Indonesia Tarigan, Muhammad Insan; Hafandi, Raisha; Hakim, Dani Amran
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.v5i1.25938

Abstract

Maritime security is a major problem in Indonesia, with issues including maritime delimitation, IUU Fishing, piracy and robbery, and terrorism at sea. Nevertheless, the state’s maritime security system continues to face challenges with overlapping authority, competing sectoral interests, and conflicting laws and regulations. Moreover, it is important to be aware of the phenomenon of the fading value of gotong-royong as the essence of Pancasila contained in the preamble of the 1945 Constitution of the Republic of Indonesia. This investigation seeks to scrutinize the spirit of gotong-royong in the regulations as well as institutions of marine security guards as an attempt to negotiate the overlapping authorities and the intersection of laws and regulations of each authority. This research was conducted using juridical-normative method through literature study and conceptual approach. The concept of gotong-royong has not been fully embraced by maritime security authorities in Indonesia. It manifests itself through jurisdictional overlaps, sector egos, lack of clear coordination, and fragmentation among various agencies charged with enforcing maritime security. This study contends using the spirit of “gotong royong” and the empowerment of coastal people can enhance a maritime safety framework in Indonesia. This can be achieved through regional and global cooperation with partner countries to dispel potential threats to regional seas. Additionally, the capacity of coastal communities can be strengthened through the state defense program to contribute to maintaining maritime security in Indonesia. The Constitution of the Republic of Indonesia stipulates that all citizens have a mandatory obligation to engage in state defense.
The Legal Status and Rights Protection of Foreign Workers in Indonesia: A Comparative Analysis between Indonesian and Islamic Prayitno, Sugeng; Durahman, Dani; Hatta, Muhammad; Rasyid, Laila M
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.v5i1.26153

Abstract

The migration of foreign workers (TKA) is a global phenomenon, not exclusive to Indonesia. Since the prophetic era, the role of foreign workers has been documented. In Indonesia, opposition to foreign workers persists because of the perceived threats to domestic employment. This study aimed to discuss the legal status and protection of foreign workers' rights in Indonesia based on Indonesian and Islamic laws. This study used a juridical-normative approach with a comparative law methodology. The findings revealed that Laws 13 of 2013 and 6 of 2023 acknowledge and protect foreign workers' employment in Indonesia, considering necessity, expertise, competence, and scientific advancements. The employment of foreign workers in Islamic jurisprudence is a novel legal challenge. The legal argument used was the Maslahah mursalah, which considers higher Islamic law principles. Islamic law permits foreign workers' employment, based on universal brotherhood, when benefiting from humanity. The recognition of foreign workers in Indonesia has implications for legally protecting their rights, which are aligned with human rights principles in labor law, including rights to facilities, wages, health care, religious freedom, political participation, and sociocultural engagement
Normative Reposition of Regional Head Regulations in the Indonesian Legal System Kolang, Al Rhega Caesar Grestiano
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.v5i1.26341

Abstract

Regional head regulations as regional government implementers based on the principle of regional autonomy are posited in two aspects: statutory regulations and policy rules. This sometimes leads to forming regional head regulations in the name of beleid (kebijakan) without any normative foundations. Furthermore, the implications of these two positions are theoretically important in the discourse of administrative law [studies]. Based on this matter, this paper aims to examine the position of regional head regulations in its dual position and then decide its normative [re]position in the Indonesian legal system. For this reason, the research questions in this paper are: What is the normativity of regional head regulations among their position as statutory regulations or policy rules in the Indonesian legal system? The research method used in this paper is doctrinal legal research with a conceptual approach and a statutory approach. Based on the research results, this paper argues that regional head regulations are statutory regulations and no longer have a duality of position, especially as material policy rules. Therefore, this paper concludes that every creation of regional head regulations must be based on the provisions of attribution and delegation as well as being the object of juridical control in the form of judicial review and executive review.
Constitutional Guarantees and Justice in Indonesia’s Poverty Alleviation Programs (2014–2024) Abqa, Muhammad Ardhi Razaq; Saraswati, Retno; Sa'adah, Nabitatus; Yusliwidaka, Arnanda
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.v5i1.26369

Abstract

Poverty alleviation is a central issue in sustainable development and is the constitutional mandate of the Indonesian state. This article analyses the role of constitutional guarantees, the positive impact of poverty alleviation programs 2014-2024, and policy implementation challenges. This study uses a qualitative approach with a normative and empirical legal research design. Normative legal studies focus on the legal basis of policies, while empirical studies examine policy implementation in the field. This research uses the theory of justice. The results show; First, Indonesia's constitutional guarantee is a strong legal basis for poverty alleviation. Articles in the 1945 Constitution provide a solid foundation for realizing justice. Second, the KIS, KIP, and PKH programs improve the welfare of low-income people. Third, challenges in policy implementation include access gaps between regions, budget instability, limited supervision, weak institutional capacity, and uneven digital infrastructure. This research concludes that the KIS, KIP, and PKH programmes reflect the mandate of social justice in the 1945 Constitution and are proven to improve the welfare of the poor. However, structural and implementation barriers require strengthening regulations, coordination, and digital infrastructure to realize equitable and sustainable poverty alleviation.
Equal Access to Justice for Persons with Disabilities: A Comparative Legal Analysis of Indonesia and Australia under the CPRD Syuib, M.
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.v5i1.26855

Abstract

Access to justice is a fundamental right for persons with disabilities, yet its realization remains challenging in many countries, including Australia and Indonesia. Both nations have ratified the Convention on the Rights of Persons with Disabilities (CRPD), committing to uphold disability rights across key areas such as legal reform, inclusive education, employment, social protection, and healthcare. However, practical implementation is hindered by inadequate resources, limited political will, persistent social stigma, and weak monitoring systems. This study compares how Australia and Indonesia interpret and apply the CRPD within their legal systems, aiming to identify lessons each country can learn from the other. Using a comparative, doctrinal legal research methodology supported by a qualitative, normative, and analytical approach. The study finds that while Australia offers more developed institutional mechanisms, it still faces accessibility issues in rural and Indigenous communities. Indonesia, meanwhile, struggles with enforcing existing laws and ensuring effective policy delivery. Despite having legal frameworks in place, both countries face ongoing barriers to practical access to justice for persons with disabilities. The study concludes that beyond legal commitments, comprehensive implementation, sustained funding, and intersectoral collaboration are essential to making the CRPD’s vision of equality and inclusion a lived reality. Mutual learning can help drive systemic improvements.
Empty Box in Regional Elections: Democratic Legitimacy and Institutional Imbalance in Government Yandy, Eza Tri; Faishal Taufiqurrahman; Devi Andani
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/v211rp74

Abstract

This study examines the emergence of the empty box phenomenon in regional elections in Indonesia and its implications for democratic principles and institutional balance. Following Constitutional Court Decision No. 100/PUU-XIII/2015, the trend of empty box candidacies has consistently increased from the 2015 to 2024 elections. Employing a normative juridical approach, this paper analyzes statutory regulations and Constitutional Court rulings to assess the democratic legitimacy and institutional equilibrium affected by uncontested elections represented by the empty box phenomenon. The findings of this study conclude that the empty box serves as a control mechanism to uphold democratic principles, fostering the development of an inclusive and competitive democracy. However, this phenomenon also poses risks of weakening governmental institutions, such as diminishing legislative oversight over the executive, increasing the potential for abuse of power, undermining governmental legitimacy, and giving rise to the threat of autocratic legalism. In addition, the victory of the empty box in regional elections leads to the necessity of conducting re-election, which ultimately imposes a financial burden on regional budgets. Ideally, such budget allocations should support regional development programs and public service delivery

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