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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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Peran Tunggal Otorita dalam Penyelenggaraan Pemerintahan Daerah Khusus Ibu Kota Nusantara Harry Setya Nugraha; Nugraha, Harry Setya
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.v52.27329

Abstract

This study discusses the relevance of the Authority's single role in the administration of the Special Regional Government of the Nusantara Capital City (IKN), as regulated by Law Number 3 of 2022. The study critiques the inconsistency of this concept with the principles of regional autonomy and democracy. The main objective of this research is to identify arguments for the irrelevance of the Authority's single role in the IKN government and to offer alternative designs better aligned with these two concepts. The method employed in this research is a normative juridical one. The key findings of this study are as follows: first, six (6) main arguments explain why the Authority's single role in the administration of the Special Regional Government of IKN is irrelevant to the principles of regional autonomy and democracy. Second, two (2) alternative designs for the government structure are more in line with the concepts of regional autonomy and democratic principles and have the potential to be implemented in the future: 1) maintaining IKN as a Special Regional Government with a Governor and Regional People's Representative Council (DPRD) as the administrators; 2) maintaining IKN as a Special Regional Government with a Head of Authority and DPRD as the administrators.
Constitutional Challenges of Digital Bureaucracy: Efficiency and Sovereignty in the Disruption Era Amusroh, Mohammad Rizal; Ichlas, Rudy Iskandar; Jufri, Nur Nashriany
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.v52.28141

Abstract

The digital transformation of bureaucracy has become a strategic agenda for efficient, transparent, and accountable governance. In Indonesia, this transformation was institutionalized through Presidential Regulation No. 95 of 2018 on the Electronic-Based Government System (SPBE). However, digital governance should not be seen merely as a technocratic project. From a constitutional law perspective, digitalization must adhere to the principles of the rule of law, human rights protection, and national sovereignty. This transformation also promotes innovation and strengthens public participation in monitoring and criticizing government policies, thus enhancing democracy. This article critically examines the implementation of digital bureaucracy within the constitutional law framework. The analysis focuses on whether digitalization improves government efficiency or creates challenges related to digital sovereignty, legal accountability, and equal access. Using normative legal research methods, the study analyzes primary sources, such as legislation, alongside secondary sources, including legal doctrine and academic works on constitutional law and digital governance. The findings show that digital bureaucracy can significantly improve public service quality. However, without a strong legal and constitutional framework, digitalization risks being merely an efficiency myth. Indonesia’s reliance on foreign digital infrastructure threatens digital sovereignty and may undermine constitutional guarantees. Therefore, the development of digital bureaucracy should be seen not only as administrative modernization but also as a constitutional mandate, balancing efficiency with constitutional principles, ensuring inclusivity, equal access, and strengthening digital sovereignty through a robust legal foundation and effective oversight
An Evaluation of Disability Rights Implementation in Indonesian Correctional Institutions: The Cases of LPKA (Youth Correctional Center) Tomohon and Pematang Siantar Suparman Marzuki; Despan Heryansyah
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.v52.28165

Abstract

The fulfillment of the rights of persons with disabilities has received growing attention, particularly following the enactment of Indonesia’s Law on Persons with Disabilities. In correctional settings, the Directorate General of Corrections mandated in 2020 that all Correctional Technical Implementation Units establish Disability Service Units (Unit Layanan Disabilitas/ULD) to ensure adequate reasonable accommodation for inmates with disabilities. After four years of implementation, it is necessary to evaluate how effectively these units have operated. This study aims to analyze the implementation of ULD policies in ensuring reasonable accommodation and to identify the challenges encountered in fulfilling disability rights within correctional environments. To narrow the scope, the research focuses on two institutions: LPKA Tomohon and Pematang Siantar Prison. The research employs a qualitative approach, gathering primary data through in-depth interviews and direct observation, and is supported by secondary sources from literature reviews, academic articles, books, and relevant research reports. The findings indicate that both institutions have adopted various measures, particularly to improve infrastructure and strengthen the capacity of ULD officers. However, significant challenges remain, including limited policy and budgetary support, constraints on institutional leadership capacity, and varying availability of civil society organizations across regions. These factors hinder ULDs from functioning optimally to provide accessible and inclusive correctional services. Overall, this study underscores the need for institutional strengthening and more comprehensive support to ensure that Disability Service Units can effectively safeguard the rights of persons with disabilities within correctional settings.
A Philosophical Review of Justice in Legal Aid after Indonesia's Budget Efficiency Policy Libra, Robert; Muhammad Fauzan
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.v52.29209

Abstract

The concept of legal aid in Indonesia has evolved from a voluntary practice of generosity to a constitutional right, reflecting the principles of equality before the law and distributive justice. This transformation aligns with Articles 27 and 28D of the 1945 Constitution of the Republic of Indonesia and Law No. 16 of 2011, obligating the state to remove economic barriers that hinder the poor's access to justice. Legal aid funding through the State Budget affirms the state's moral and legal responsibility to protect human rights, particularly the right to receive legal aid. However, Presidential Instruction No. 1 of 2025, which focuses on expenditure efficiency, threatens to reduce this funding. This study aims to analyze the concept of legal aid from the perspective of justice philosophy and examine the dilemma between efficiency and justice in Indonesia's legal aid system. Employing a normative juridical approach with statutory and conceptual analysis. The research findings indicate that legal aid embodies John Rawls' Difference Principle, advocating a bias toward the disadvantaged. The Presidential Instruction on Efficiency presents a normative dilemma, balancing administrative efficiency with constitutional duties. Excluding legal aid funding under this policy risks undermining fundamental legal values, potentially widening inequality, and violating human dignity. The philosophical evolution of legal aid as a constitutionally guaranteed right faces an ethical dilemma when efficiency measures conflict with the state's responsibility to uphold justice, disproportionately harming vulnerable groups and threatening the welfare state's commitment to equality before the law.
Constitutional Court and Enforcement of Constitutional Rights in the Fourth Revision of the Mining Law Kusmayanti, Shanti; Ardhanariswari , Riris; Kunarti, Siti; Nasihuddin, Abdul Aziz
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.v52.27481

Abstract

The fourth amendment to Law No. 4 of 2009 on Mineral and Coal Mining (Mining Law) has provoked widespread public criticism amid persistent mining-related problems, including land dispossession, environmental degradation, pollution, structural poverty, and the criminalization of local communities. These issues are intensified by the government’s limited responsiveness to public concerns, notwithstanding the Constitutional Court’s affirmation that state control over natural resources, as mandated by Article 33 of the 1945 Constitution, must constitute the fundamental basis for their management and utilization. This study aims to evaluate whether the fourth revision of the Mining Law has positive or negative impacts on society and the environment, and to examine the Constitutional Court's role in addressing constitutional issues arising from the law. The research employs a normative juridical approach, analyzing statutory regulations, supported by a literature review and a conceptual framework to interpret the principles of natural resource governance and environmental justice. The findings reveal that the revised Mining Law continues to contain substantial deficiencies, particularly regarding transparency, public participation, and the centralization of licensing authority at the national level. Such provisions weaken the role of local governments and restrict public oversight of mining activities. This study concludes that further harmonization of the Mining Law with constitutional principles is necessary, alongside strengthened environmental protection and a more inclusive policymaking process. In this regard, the Constitutional Court plays a crucial role as the guardian of the Constitution, ensuring that natural resource governance remains consistent with Article 33 of the 1945 Constitution and oriented toward sustainable and equitable prosperity.
The Complexity of Fulfilling the Constitutional Rights of Street Vendors by Local Governments in Indonesia Wardhana, Allan Fatchan Gani; Retno Widiastuti; Yuniar Riza Hakiki
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.v52.27891

Abstract

Regulation of street vendors (PKL) remains limited. On the other hand, street vendors are closely related to micro, small, and medium enterprises, traffic, and spatial planning, thereby requiring local governments in manage the complexity of street vendors' affairs in line with the fulfillment of their constitutional rights. This research aims to identify the complexity of street vendor arrangement and empowerment policies that are in line with the active role of local governments in providing fulfillment of rights for street vendors, and to formulate a reformulation of street vendor arrangement and empowerment in a more appropriate local government frame. This research employs a juridical-normative approach, combining a statutory and a conceptual approach to address the complexity of fulfilling constitutional rights for street vendors in the regions. The fulfillment of constitutional rights through the arrangement and empowerment of street vendors in the areas is very complex. Regional policies are also very complex because they involve various sectors. The business characteristics of street vendors, which were originally informal, have evolved into formal trade. Both in terms of legal status, business legality, business arrangements and locations, and governance complexity. The arrangement and empowerment of street vendors need to be reformed and incorporated in the Law on Regional Government by categorizing them as a sub-concurrent government affair in the field of trade.
‘Adl as the Pillar of the Caliphate: A Normative Study of Justice in the Concept of Khalifah Sahibani, Muhammad; Aris Fauzan
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.v52.28066

Abstract

Justice (‘adl) is a foundational value in Islamic teachings and constitutes the core pillar of political leadership within the concept of khalifah (caliphate). This article aims to examine the normative meaning, position, and function of justice in the concept of khalifah, based on primary Islamic sources, namely the Qur’an, Hadith, and classical works of fiqh siyāsah. This study employs a qualitative research method with a normative-descriptive approach, utilizing library research as the primary data collection technique. The analysis is conducted through content analysis and thematic interpretation of normative texts and historical practices of Islamic governance. The findings indicate that ‘adl is not merely an ethical value, but a fundamental prerequisite that determines the legitimacy and moral authority of leadership in Islam. Historical evidence from the era of the Khulafā’ al-Rāshidūn demonstrates that justice was systematically implemented in legal administration, public accountability, and equitable distribution of wealth. Classical scholars such as al-Māwardī explicitly emphasized justice as an indispensable requirement for a caliph. Furthermore, this study argues that the normative concept of ‘adl within the caliphate framework remains highly relevant in contemporary Islamic leadership discourse, particularly in promoting accountable, inclusive, and ethically grounded governance. Therefore, justice as the pillar of the caliphate must be continuously recontextualized as a living principle capable of guiding modern political systems in Muslim societies.
Democratic Ethics and Money Politics in Local Elections: An Islamic Legal Perspective Wery Gusmansyah; Zulkarnain Syapal
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.v52.28146

Abstract

Democracy in the village head election in Kaur Regency has shifted from the principles of ideal democratic ethics (trustworthiness, honesty, justice, accountability) towards the practice of money politics, which has the potential to violate Islamic values. This study aims to analyze the ethics of democracy in the village head election in Kaur Regency and evaluate it from an Islamic legal perspective (Siyāsah Syari'iyyah). The research employs a juridical-empirical approach using a qualitative descriptive method. Data were collected through in-depth interviews with community leaders, election committee members, and village head candidates across several villages in Kaur Regency. The findings reveal that the practice of money politics occurs systematically in the village head election in Kaur Regency, where each candidate gives money to voters, including close family members, to win the election. According to Islamic law, the practice of money politics in village head elections is categorized as rishwah (haram), unless it is done with the intention of establishing justice and eliminating oppression, in accordance with the principle of sadd adz-zari'ah
Constitutional Complaints and the Constitutionality of Pro Justitia Measures: A Comparative Analysis of Indonesia, Germany, and South Korea Ivan Zairani Lisi; Nur Aripkah; I Kadek Sudiarsana; Nadia Nabela; Faiqah Nur Azizah
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.v52.28316

Abstract

In practice, pretrial hearings in Indonesia often fail to be an effective instrument for protecting the rights of suspects and victims in the Pro Justitia process. Many cases show that the imbalance between law enforcement officials' authority and individual rights remains an unresolved. This situation differs from that in Germany and South Korea, where constitutional complaints have become an important instrument in the constitutional system for controlling and correcting state actions that violate citizens' constitutional rights, including within the criminal justice system. This study examines the extent to which the absence of a constitutional complaint mechanism in the Indonesian criminal justice system affects the protection of citizens' constitutional rights. Using a normative legal research method, with a statute, conceptual, and comparative approach, this study found that Indonesia has yet to implement a constitutional complaint mechanism as a corrective measure against state actions that violate citizens' constitutional rights. Preliminary hearings still have limitations in accommodating constitutional rights in criminal proceedings. The absence of this mechanism creates a void in the constitutional protection system in the judicial process in Indonesia as a whole. The implementation of constitutional complaints should be considered to strengthen the protection of constitutional rights and ensure the implementation of the Pro Justitia process in line with the principles of the rule of law
The Position of Article 23 of the Corruption Criminal Act After the Enactment of the National Criminal Code Sirjon, Lade; Yan Fathahillah Purnama; La Ode Muhamad Sulihin; La Ode Muhammad Taufiq Afoeli; Risma Yulestari
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.v52.28429

Abstract

Enforcing criminal law against corruption in Indonesia faces significant challenges due to the dynamics of legal change, particularly following the enactment of Law No. 1 of 2023 on the National Criminal Code. This study aims to analyze how the principles of legality and lex favor reo, as applied to the interpretation of criminal provisions, affect the consistency of law enforcement, particularly in the context of Article 23 of the Law on the Eradication of Corruption, which refers to several provisions of the old Criminal Code. Using a normative legal research method with a conceptual approach and a comparative analysis of court decisions, data are collected through literature reviews and regulatory analysis. The research findings indicate that changes in the normative reference of primary norms in the National Criminal Code have led to significant differences in the criminal threats and criminal provisions referenced in Article 23 of the Law on the Eradication of Corruption. The application of the lex favor reo principle becomes crucial, as the most lenient provisions are applied not only to the defendant but also in the context of the National Criminal Code, where the terminology is expanded to include the concepts of the perpetrator, accomplice, suspect, defendant, and convict. The consistency of the Supreme Court in adhering to a material theory limited to the interpretation of "changes in legislation" underscores the protection of individual rights. A comprehensive harmonization and synchronization between the National Criminal Code and the Law on the Eradication of Corruption is essential to prevent normative conflicts and to ensure legal certainty in the implementation of Article 23 of the Law on the Eradication of Corruption.

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