cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
M. YASIN AL ARIF
Contact Email
as_siyasi@radenintan.ac.id
Phone
+6281273437706
Journal Mail Official
as_siyasi@radenintan.ac.id
Editorial Address
Jl. Letnan Kolonel H Jl. Endro Suratmin, Sukarame, Kec. Sukarame, Kota Bandar Lampung, Lampung 35131
Location
Kota bandar lampung,
Lampung
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 82 Documents
 5   6   7   8   9 
The Role of the Aceh Customary Council in Implementing Hak Langgeh: Navigating Between Sharia and Customary Law Trisna, Nila; Aulia, Muhammad Reza; Moulia, Nouvan
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-siyasiv.5i1.27254

Abstract

Aceh, as a region with special autonomy, possesses distinctive authority in implementing Islamic law and customary practices, as stipulated in Law No. 11 of 2006 concerning the Government of Aceh. Among these is Hak Langgeh (Syuf’ah), a customary right derived from Islamic legal traditions and constitutionally recognized. However, discrepancies exist between the normative legal framework and its practical implementation, particularly in land transactions. This study aims to examine the legal status of Hak Langgeh within Aceh’s legal system and to analyse the constitutional and institutional role of the Aceh Customary Council (Majelis Adat Aceh/MAA) in protecting and enforcing this right. Employing a juridical-empirical method with descriptive analysis, the research draws on primary data gathered through interviews with traditional leaders, MAA representatives, village (Gampong) authorities, and parties involved in land disputes. The findings indicate that the MAA plays a significant role in promoting indigenous rights, yet its impact is hindered by limited institutional resources and unclear legal mandates. The study concludes that while the MAA has a constitutional basis in strengthening customary norms, its practical role remains constrained. Reinforcing the legal recognition of Hak Langgeh, enhancing the institutional capacity of the MAA, and harmonizing customary law with Islamic Sharia and national legislation are essential for achieving an integrated and constitutionally aligned legal order in Aceh
Administrative Law and  the Efficiency of Local Government Budgeting Fitria, Fitria; Nuriyatman, Eko; Amir, Latifah; Sitta Saraya
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.v51.27598

Abstract

This article examines applying the general principles of good governance within the framework of administrative law as a strategy to promote more efficient and accountable regional budget management in the era of fiscal decentralization. This research aims to analyze how the General principles of good governance, as codified in Indonesian administrative legislation, can serve as a legal foundation to overcome normative and administrative barriers in realizing budget efficiency at the regional level. Using a normative legal research method through statutory and conceptual approaches, this article identifies key legal and institutional challenges, including overlapping regulations, weak bureaucratic capacity, and limited digital infrastructure. The study emphasises the implications of Presidential Instruction No. 1 of 2025 on the Efficiency of State and Regional Budget Expenditure, which mandates stricter fiscal discipline and performance-oriented budget allocation. The analysis focuses on several key regulations, including Law No. 30 of 2014 on Government Administration, Law No. 23 of 2014 on Regional Government, Law No. 1 of 2022 on Central Regional Fiscal Relations, and Government Regulation No. 12 of 2019 on Regional Financial Management. It also includes an examination of the role of digital systems, such as the regional government information system and the regional financial accounting information system. The findings affirm that the consistent implementation of the general principles of good governance, particularly transparency, accountability, legal certainty, and proportionality, when supported by regulatory harmonization, technological innovation, and inclusive public oversight, can significantly improve the effectiveness of regional financial governance and foster a democratic, accountable, and sustainable government administration
Formal Constitutionality Review of Legislation at the Constitutional Court: Case of the Nusantara Capital City Law (IKN Law) Afkar, Kardiansyah; Zainal Arifin Mochtar
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.v51.26536

Abstract

The IKN law has faced criticism due to its legislative process being deemed formally flawed, particularly in terms of transparency, public participation, and accountability. These shortcomings raise constitutional concerns and question the legitimacy of the legislative process behind a law that will significantly shape Indonesia’s future governance. This study aims to analyze the objective parameters in the formal-constitutionality review of laws in the Constitutional Court, explicitly focusing on Law Number 3 of 2022 concerning the Nusantara capital city. The research employs a normative-analytical method using a statutory and analytical approach based on secondary data, such as relevant legislation, legislative deliberation records, and expert opinions. The findings reveal that the legislative process of the IKN law did not fully comply with the principles of good regulatory practice, particularly in terms of openness and public involvement. The accelerated process created gaps in transparency and accountability, potentially resulting in constitutional harm to society. Additionally, the IKN law includes several delegations of regulatory authority to implementing rules, increasing the risk of abuse in the legislative process. This study concludes by emphasizing the significance of formal review in upholding the rule of law and ensuring that enacted laws reflect constitutional values and serve the public interest. It also contributes to developing a more objective and accountable legislative evaluation framework in Indonesia
The Appointment of Acting (Contract) Judges and Judicial Independence in Uganda: Understanding Article 142 of the Constitution in Light of its Drafting History Mujuzi, Jamil Ddamulira
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.v51.26380

Abstract

Article 142(1) of the Constitution of Uganda (1995) provides that “The Chief Justice, the Deputy Chief Justice, the Principal Judge, a Justice of the Supreme Court, a Justice of Appeal and a Judge of the High Court shall be appointed by the President acting on the advice of the Judicial Service Commission and with the approval of Parliament.” Article 142(2) provides for the circumstances in which the President may appoint someone “to act” as “a Justice or Judge even though that person has attained the age prescribed for retirement in respect of that office.” Article 147(1)(a) empowers the Judicial Service Commission to advise the President to appoint both permanent and acting judicial officers. In Kabumba and Another v Attorney General (2022), the Constitutional Court held, by majority, that the President does not have the power to appoint acting judges under Article 142(2) unless the appointees are serving or retired judicial officers. In this article, the methodology used by the author is to rely on the drafting history of Article 142 of the Constitution to argue that the President has the power to appoint acting judges or justices and that the appointee does not have to be a serving or retired judge. The author also relies on practice from other Commonwealth countries on the appointment of acting judges to demonstrate that this phenomenon is not unique to Uganda. Practice from other African countries such as Seychelles, Eswatini, Botswana, Sierra Leone, Ghana, Mauritius, South Africa, Tanzania and Namibia shows that acting judges are appointed from either former judges, academics or private legal practitioners. The same approach is followed in many countries outside of Africa such as India, Jamaica, Malta, Marshall Islands, Nauru, Papua New Guinea, Samoa and Tonga. The study is significant because it is the first of its kind to discuss Article 142(2) of the Constitution in detail.
The Shift in the Legal Politics of Regulating the General Principles of Good Governance in Indonesian Legislation Fauzani, Muhammad Addi
As-Siyasi: Journal of Constitutional Law Vol. 3 No. 1 (2023): 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.v31.28722

Abstract

This article aims to analyze the shift in the form of legal politics in implementing the General Principles of Good Governance (AUPB) in Indonesia, including its legal consequences. With the explicit mention of AUPB in the new Law on Government Administration, this becomes an interesting topic from a legal and political perspective. Before the enactment of Law Number 30 of 2014 concerning Government Administration, the regulation of the General Principles of Good Governance (AUPB) was still abstract and unclear in its direction and implementation. This research is a normative juridical research using a statutory approach. The findings of this research reveal that the shift in the legal politics of AUPB in Indonesia through Law Number 30 of 2014 concerning Government Administration has shifted the format of legal politics in Indonesia. This shift has had a positive influence on the development of legal politics in Indonesia, including: a) making the status of principles into concrete legal norms; b) making it easier for the courts to adjudicate an action by administrative officials; c) facilitating control of administrative actions; d) simplifying public control; e) emphasizing the importance of supervision of official actions; f) guarantee civil rights; g) prevent government arbitrariness against civilians
The Existence of Qanun Jinayat: Legislative Efforts to Integrate Islamic Law into National Law Muhamad Rusydan Fauzi; Putra Arya Wijaya; Yuniarsih, Rina Isti; Deden Najmudin
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.v41.28729

Abstract

Islamic law, derived from the teachings of the Qur'an and Hadith, plays a significant role in various countries with a majority Muslim population. Indonesia, the country with the largest Muslim population in the world, has experienced fluctuations in the integration of Islamic law within its national legal system. This dynamic has led to the legislative incorporation of Islamic law into the national legal framework as an expression of religious obedience in fulfilling the principles of Sharia. This legislative effort is manifested in Aceh's Qanun Jinayat, implemented in the Nanggroe Aceh Darussalam Province. This study examines the existence of Aceh's Qanun Jinayat within the national legal system following the legislative integration of Islamic law. This research employs a normative legal approach, utilizing juridical-normative methods, with data collection based on the study of primary, secondary, and tertiary legal materials. The findings of this study indicate that the existence and implementation of the Qanun Jinayat in Aceh aim to preserve security and welfare as stipulated in the Aceh Qanun Jinayat. This is mainly due to the Islamic law legislation framework, which grants the Nanggroe Aceh Darussalam Province the authority to apply Islamic legal principles through regional autonomy
Formal Constitutional Review Paradox: The Law on Legislation Making between Legal Procedure and Constitutional Norms Ali, Chaidir; Fatmawati
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.v51.27578

Abstract

This paper analyses the paradoxical status of the Law on Legislation Making (LOLM) as a benchmark in formal constitutional review of legislation in Indonesia. Although the 1945 Constitution mandates procedural regulation through Article 22A, it offers minimal substance on the formal techniques of law-making, delegating this authority to statutory legislation. This gap creates ambiguity in judicial practice, especially for the Constitutional Court in performing formal reviews. Employing normative legal research, this study combines statutory, case, and comparative approaches, and also by examining 67 Constitutional Court decisions from 2003–2024. The findings revealed that LOLM is increasingly used as an imperative benchmark in formal reviews, despite some judicial reluctance and interpretive contradictions. The paper highlights three key jurisprudential provide within Constitutional Court Decision No. 001-021-022/PUU-I/2003, No. 27/PUU-VII/2009, and No. 91/PUU-XVIII/2020—which affirm LOLM’s normative authority in ensuring procedural compliance with the 1945 Constitution. Comparisons with constitutional practices in Jordan, Azerbaijan, Korea, Myanmar, and Türkiye show that legislative instruments is a legitimate judicial tool when constitutions are substantively incomplete. The research concludes that LOLM, although a statutory law, must be treated as a constitutionally imperative norm in formal judicial review. To preserve its legitimacy and legal stability, LOLM should regulate all technical aspects of legislative procedure comprehensively without sub-delegation to institutional regulations. LOLM must maintain fidelity to the 1945 Constitution principles while ensuring procedural rigor in legislative formation.
Acceptance of Special Mining Business License by Muhammadiyah : Siyasah Shar'iyyah Perspective Muhammad Wahdini; Hasse Jubba; Kamsi; Wahdini, Muhammad; Jubba, Hasse; Kamsi, Kamsi
As-Siyasi: Journal of Constitutional Law Vol. 5 No. 2 (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.v52.27325

Abstract

This research originates from a shift in Muhammadiyah’s stance toward ecological, legal, and political policies in Indonesia. While Muhammadiyah was previously known as a movement critical of natural resource exploitation and unjust environmental policies, in the case of the government’s issuance of the Special Mining Business License (Izin Usaha Pertambangan Khusus or IUPK), it has instead adopted an accepting attitude. This study aims to critically analyze the reasons and normative justifications behind Muhammadiyah’s acceptance of the IUPK through the perspective of Siyāsah Syar‘iyyah, and to examine the transformation of its political-legal position within the ecological context. Employing a normative legal approach, this research collects data through document analysis and in-depth interviews with relevant stakeholders. The findings reveal that, from a ratio legis perspective, Muhammadiyah’s acceptance of the IUPK is driven by the spirit of empowering the people’s economy and the aspiration to serve as a model for equitable and sustainable mining governance. This position is further reinforced by the Majelis Tarjih and Tajdid’s fatwa on mining and energy transition, which does not categorically prohibit mining activities in light of the nation’s dependency on the sector. Within the framework of Siyāsah Syar‘iyyah, this stance may be classified as siyāsah shar‘iyyah ijtihādiyyah—a form of public policy derived from ijtihād to realize the common good (maṣlaḥah ‘ āmmah) as long as it does not contradict the fundamental principles of Sharia
Legality of State Debt Management: A Study on the Principle of the Rule of Law and Legislative Order Nasef, M. Imam; Ali Rido; Eko Primananda
As-Siyasi: Journal of Constitutional Law Vol. 5 No. 2 (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.v52.28322

Abstract

The management of state receivables by the Committee of State Receivables Management (Panitia Urusan Piutang Negara), as regulated under Government Regulation No. 28 of 2022, has sparked legal debate regarding its conformity with the principle of the rule of law and legislative order. This study is motivated by concerns that the regulation unilaterally expands administrative authority, potentially infringes upon the rights of legal subjects, and undermines the principle of legality and due process of law. This research examines the validity of Government Regulation No. 28 of 2022 from the perspective of the rule of law, the hierarchy of legal norms, and the principles of proper legislative formation. This study employs a normative legal method with a statutory approach. The findings indicate that Government Regulation No. 28 of 2022 contains preambles and substantive provisions that exceed the authority granted by Law No. 49 Prp/1960 as the parent legislation, even introducing new legal norms without clear legitimacy. The study concludes that Government Regulation No. 28 of 2022 fails to comply with the principle of legality and violates the hierarchy of norms. Therefore, it should be declared invalid and subject to revocation to maintain consistency in upholding Indonesia's rule of law and legislative order.
The Constitutional Court in the Vortex of  Resonance of Political Power Rahmat Teguh Santoso Gobel; Ahmad, Ahmad; Yassine Chami
As-Siyasi: Journal of Constitutional Law Vol. 5 No. 2 (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.v52.28307

Abstract

The Constitutional Court of Indonesia stands as a fundamental pillar of constitutionalism and democracy remains vulnerable to the persistent. This article aims to critically examine how political influence infiltrates and affects the Court’s independence and institutional integrity, particularly through politicized judicial appointments and dismissals, personal relationships, and Utilizing a normative juridical approach, enriched by conceptual and case study analyses, most notably the controversial Decision No. 90/PUU-XXI/2023 and the dismissal of Justice Aswanto, this study identifies the concrete mechanisms of political interference and their implications for the Court’s legitimacy. The findings reveal a significant institutional shift: the Court is no longer functioning merely as a negative legislator, but exposing it further to political pressures. The study identifies eight specific factors of judicial non-independence in Decision No. 90/PUU-XXI/2023, signaling an acute integrity crisis. In response, the article proposes structural reforms, including amendments to the Constitutional Court Law, strengthening both internal and external oversight mechanisms, and reinforcing judicial self-restraint to curb judicial overreach. The conclusion emphasizes that institutional and ethical safeguards must be prioritized to protect the Court’s independence, uphold constitutional supremacy, and prevent democratic backsliding. Without comprehensive reform, the Court risks becoming an instrument of political power rather than a guardian of constitutional justice.

Page 7 of 9 | Total Record : 82

 5   6   7   8   9 

Filter by Year

2021 2025


Reset
Filter By Issues
All Issue Vol. 5 No. 2 (2025): As-Siyasi: Journal of Constitutional Law Vol. 5 No. 1 (2025): As-Siyasi: Journal of Constitutional Law Vol. 4 No. 2 (2024): As-Siyasi: Journal of Constitutional Law Vol. 4 No. 1 (2024): As-Siyasi: Journal of Constitutional Law Vol. 3 No. 2 (2023): As-Siyasi: Journal of Constitutional Law Vol. 3 No. 1 (2023): As-Siyasi: Journal of Constitutional Law Vol. 2 No. 2 (2022): As-Siyasi: Journal of Constitutional Law Vol. 2 No. 1 (2022): As-Siyasi: Journal of Constitutional Law Vol. 1 No. 2 (2021): As-Siyasi: Journal of Constitutional Law Vol. 1 No. 1 (2021): As-Siyasi: Journal of Constitutional Law