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 92 Documents
 6   7   8   9   10 
Regulation of Criminal Acts of Sexual Violence in Indonesia from the Perspective of CEDAW: Protection of Women's Human Rights Wiarti, July; Udasmoro, Wening; Supriyadi
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.v52.28587

Abstract

As a State Party to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), Indonesia is legally obliged to adopt effective legislative measures to eliminate discrimination against women, including sexual violence. Despite this commitment, sexual violence remains prevalent, raising concerns regarding the adequacy of the existing legal framework. This study aims to re-examine Indonesia’s sexual violence regulations in light of CEDAW obligations and Feminist Legal Theory (FLT), particularly regarding their capacity to recognize and protect women’s lived experiences. The research employs normative legal research, analyzing secondary legal materials through conceptual and comparative approaches to legislation. The findings demonstrate that Indonesia’s regulatory framework on sexual violence remains fragmented and uneven. While the Criminal Code narrowly constrains the definition of sexual violence, the Criminal Procedure Code fails to adequately address women’s rights and gender-sensitive victim protection. Revisions to the Child Protection Law have strengthened prohibitions against sexual violence but remain limited in scope and apply exclusively to child victims. The Domestic Violence Law criminalizes sexual violence within the household context, yet its protection is confined to forced sexual intercourse and does not fully capture broader forms of sexual abuse. Conversely, the Women’s Empowerment and Child Protection Law represents a significant normative advancement, providing a more comprehensive prohibition of sexual violence and stronger guarantees for women’s rights. This study contributes to feminist legal scholarship by highlighting the persistence of gender-biased legal constructions and underscores the need for a coherent, victim-centered, and CEDAW-compliant legal framework to effectively address sexual violence in Indonesia
Electronic Auctions and the Constitutional Right to Public Services in Indonesia: A Legal Evaluation of KPKNL Practices Febrianto, Surizki; Muslikhah, Umi; Binti Aminudin, Rabiah; Adi, Moses
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.v52.29652

Abstract

The digitalization of public services has positioned state auctions as an integral part of constitutionally guaranteed public service delivery. In Indonesia, the implementation of electronic auctions (e-auction) by the Directorate General of State Assets (DJKN) through the State Assets and Auction Service Office (KPKNL) represents the state’s obligation to provide transparent, accountable, and legally certain public services. This study examines the regulation of electronic auctions, particularly the implementation of Minister of Finance Regulation Number 86 of 2024, from the perspective of the constitutional right to public services as guaranteed under Article 28D paragraph (1) and Article 34 paragraph (3) of the 1945 Constitution and Law Number 25 of 2009 on Public Services. Using a legal research method that draws on statutory, conceptual, and case approaches, this study analyzes KPKNL's auction regulations, court decisions, and administrative practices. The findings indicate that PMK No. 86 of 2024 strengthens legal certainty, transparency, and accountability in electronic auction services by reinforcing the evidentiary status of auction minutes and standardizing procedural safeguards. However, empirical evidence shows that the fulfillment of constitutional public service rights remains constrained by administrative rigidity, information asymmetry, and limited access to legal remedies for service users. This study concludes that while electronic auction regulations improve public service quality, further alignment with constitutional principles of equality before the law, legal certainty, and accountable digital services is necessary to realize citizens’ constitutional right to public services fully.
Public Participation as a Manifestation of Deliberative Democracy in the Drafting of Regional Regulations: Between Normative Ideality and Empirical Practice Satria, Indah; Jamaludin Ghofur
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.v61.28055

Abstract

Public participation in the drafting of regional regulations (Peraturan Daerah) is a fundamental element in realizing a strongly legitimate local democracy. Normatively, the Indonesian legal system has recognized and regulated the right of public participation in the regional legislative process through Law Number 12 of 2011 in conjunction with Law Number 13 of 2022 concerning the Formation of Legislation and Law Number 23 of 2014 concerning Regional Government. However, empirical evidence shows that public participation in drafting regional regulations remains procedural and symbolic, not yet fully reflecting the principles of deliberative democracy. This article aims to critically analyze the normative ideal of public participation in the drafting of regional regulations, the empirical practice of public participation in various regions in Indonesia, and the factors that prevent such participation from becoming a substantive manifestation of deliberative democracy. This research employs a normative juridical method, drawing on legislative, conceptual, and court decision approaches, specifically using Jürgen Habermas's theory of deliberative democracy as the main analytical framework. The study's findings indicate that although the normative framework has opened up space for public participation, its implementation remains dominated by a procedural democratic paradigm that emphasizes formal stages without ensuring the quality of deliberation. Public participation is often limited to consultation forums that lack rational dialogue, are characterized by unequal power relations, and lack adequate feedback mechanisms. As a result, the regional regulations may lose social legitimacy. This article recommends strengthening the institutional design of public participation, oriented toward substantive deliberation, to achieve democratic, responsive, and equitable regional legislation.
The Legal Politics of Human Rights Defenders' Protection: Criticism of Criminalization Practices and the Path to Justice
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.v61.29012

Abstract

The long struggle of human rights defenders in Indonesia continues to be met with serious challenges that remain unresolved. This study examines the political practice of law in protecting human rights defenders by analyzing existing legal frameworks and their implementation. Normatively, Law No. 39 of 1999 on Human Rights provides guarantees through several provisions, including Articles 3(2), 4, 8, 29(1), 30, 71, and 72. However, these legal protections have not been effectively implemented in practice. Empirical findings reveal that human rights defenders continue to experience various forms of violations, such as intimidation, physical and psychological attacks, criminalization, and judicial harassment. These actions often occur when defenders advocate for justice, environmental protection, and the preservation of livelihoods. Although regulatory frameworks formally recognize protection, they remain insufficient without more specific and comprehensive legal instruments, such as a dedicated law on human rights defenders. This research employs a normative legal method, utilizing legislative, conceptual, and case approaches to identify the gap between legal ideals and empirical realities. The findings indicate that weak protection mechanisms are largely due to the state's limited role in strengthening legal institutions that favor human rights defenders. The absence of a specific legal framework, combined with a repressive legal culture, exacerbates defenders' vulnerability in Indonesia. The primary purpose of this study is to emphasize the need for legal-political reconstruction oriented toward substantive justice through stricter regulation and the internalization of human rights values in law enforcement practice
The Legal Position of the Papuan People's Assembly in the Review of the Papuan Special Autonomy Law at the Constitutional Court Ali Rahman; Natasya Wulandari
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.v61.29562

Abstract

This article challenges the Constitutional Court's rigid formalist doctrine of legal standing by critically analysing the position of the Papuan People's Assembly (MRP) in judicial reviews of the Papua Special Autonomy Law. Currently, the Court's strict taxonomy of applicants paradoxically disenfranchises the MRP, creating a dogmatic tension between the asymmetric constitutional guarantees of indigenous rights (Article 18B of the 1945 Constitution) and actual access to constitutional justice. This study aims to expand existing standing doctrines by proposing a theoretical reconstruction of the MRP. Using normative legal research with statutory, conceptual, and case approaches, the study demonstrates that the MRP cannot be treated as a mere product of ordinary legislation. The analysis reveals that the MRP operates as a "functionally constitutional state institution" and a "hybrid constitutional proxy." Its authority is not merely delegated statutory power, but constitutionalised authority essential for protecting the collective rights of Indigenous Papuans (OAP). Restricting its access based on structural formalism constitutes a direct impairment of these constitutional rights. The study concludes with specific policy implications: de lege lata, the Constitutional Court must progressively reinterpret Article 51 of the Constitutional Court Law to accommodate hybrid cultural organs; de lege ferenda, targeted amendments to the Constitutional Court and Special Autonomy Laws are required, alongside the introduction of a limited constitutional complaint mechanism, to permanently secure the MRP's standing and institutionalize a constitutional pathway for indigenous peoples' defense
Labor Dispute Mediation: A Constitutional Perspective to Realize Social Justice in the 1945 Constitution Riana, Ana; Enrico Winadi; Riski Eka Purnairawan
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.v61.30306

Abstract

This study aims to analyze labor dispute mediation as a constitutional vehicle for realizing social justice, not merely an administrative instrument. The urgency of this study departs from the fact that the settlement of labor disputes through mediation in Indonesia has so far been more emphasized on procedural efficiency and technical neutrality, without considering the structural inequality between workers and employers, so that substantive justice as mandated by the Preamble and Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia is often ignored. The research adopts a normative juridical approach, examining primary legal materials (the 1945 Constitution and Law No. 2 of 2004 concerning the Settlement of Industrial Relations Disputes) and secondary legal materials through literature studies and content analysis. The results show that the prevailing mediation framework tends to prioritize speed and formality, potentially giving rise to a "pseudo-consensus" that does not reflect workers' free will. The neutrality of the mediator that is mechanical in nature has failed to correct the imbalance of power in industrial relations. This study concludes that mediation should be repositioned as an integral part of the constitutional rights protection system, with the state playing an active role as guardian of social justice. Policy recommendations include strengthening technical guidelines for mediation in line with Pancasila values, training mediators to be oriented toward social justice, and encouraging the Constitutional Court to interpret labor norms progressively. The implications of this research theoretically enrich the construction of labor law of a constitutional nature, while making a practical contribution to the reform of national labor policies that are more in favor of the protection of vulnerable groups
Settlement of Criminal Cases Through the Angkon Muakhi Customary Law of Lampung as a Form of Restorative Justice from a Human Rights Perspective Zainudin Hasan; Fathul Muin
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.v61.29100

Abstract

This study examines the settlement of criminal cases through the integration of the customary legal values of Angkon Muakhi in Lampung Province from a human rights perspective. The Angkon Muakhi tradition, rooted in the Lampung community's values of brotherhood, serves not only as a social bond but also as a restorative justice mechanism for resolving conflicts and criminal acts through reconciliation and peace. The purpose of this study is to analyze the application of Angkon Muakhi as a non-penal case-resolution model aligned with the principles of restorative justice and human rights, emphasizing respect for dignity, equality, and social harmony. This study uses a juridical-normative and empirical approach, combining literature studies and field interviews with traditional leaders (penyimbang and perwatin adat) in various districts in Lampung. The results show that Angkon Muakhi effectively restores social relations and societal balance through the principles of peace, kinship, and moral responsibility, without relying on criminal sanctions. This study concludes that integrating Angkon Muakhi values into the Indonesian criminal justice system can strengthen the protection of human rights, foster social harmony, and serve as a model of restorative justice rooted in local culture
Legal  Inconsistencies in Sea Sand Export Re-permits: A Constitutional Perspective on Regulatory Hierarchy Aristo, Erly; Melvern, Davelyn; Senjaya, Johanes
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.v61.30909

Abstract

Government Regulation No. 26 of 2023 on Marine Sedimentation Management has sparked significant legal and ecological controversy by re-authorizing sea sand exports. This study examines the regulation's compatibility with Law No. 32 of 2009 on Environmental Protection and Management, the Sustainable Development Goals (SDGs), and constitutional principles regarding the hierarchy of norms. Employing a normative juridical method with statutory and conceptual approaches, the research identifies a clear conflict of norms (lex superior derogat legi inferiori). The findings demonstrate that the regulation substantively permits activities inconsistent with the ecological protection mandates established in Law No. 32 of 2009. This dualism, combining ecological justification with commercial export interests, creates legal uncertainty and violates the principle of normative hierarchy. Furthermore, the policy manifests as ecological injustice, characterized by inadequate protection of coastal communities, limited public participation, and a lack of transparency. The study concludes that these inconsistencies constitute a structural legal defect rather than a mere policy shift. Consequently, legal reform at the statutory level is necessary to ensure conformity with superior legal norms, strengthen legal safeguards for affected communities, and realign environmental governance with constitutional principles and international sustainable development commitments.
Assessing Reasonable Accommodation for Persons with Disabilities in Indonesian Prisons: A Constitutional Empirical Study Sobirin Malian; Heryansyah, Despan; Heronimus Heron
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.v61.30524

Abstract

After the promulgation of Law Number 8 of 2016 concerning Persons with Disabilities, law enforcement agencies are obliged to provide reasonable accommodation, including in Correctional Institutions. Reasonable accommodation is the concept of ensuring the rights of persons with disabilities, as introduced by the CRPD and adopted in the Law on Persons with Disabilities. These three obligations are establishing internal regulations for inclusive services, providing accessible facilities and infrastructure, and providing inclusive services. Therefore, this study builds on the IWAS case in Class IIA Correctional Institutions in West Lombok. This study uses a non-doctrinal research method and primary data from direct interviews with persons with disabilities and correctional officers. The results of this research are as follows: the Correctional Unit has issued a set of rules to serve inmates with disabilities in prisons, including in the Class IIA Prison in West Lombok, by creating a Disability Service Unit (ULD) in 2024. Second, in general, the West Lombok Prison provides facilities and infrastructure for inmates with disabilities. However, there are still small areas for improvement; for example, the guiding block has begun to deteriorate, and the toilets are narrow. Third, West Lombok Prison officers still lack the knowledge and skills to handle inmates with disabilities, because the training has been carried out online. Whereas, constitutionally based on Article 28H paragraph (2) of the 1945 Constitution of the Republic of Indonesia, the fulfillment of the rights of every citizen, especially people with disabilities, is a state obligation that must be fulfilled and protected
The Contribution of The Constitutional Law of The Banggai Kingdom to The Practice of State Administration in Indonesia Sahran Raden; Hamiyuddin; Amir Basari Zanki
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.v61.30635

Abstract

This article examines the contribution of the customary constitutional law of the Banggai Kingdom to contemporary constitutional practices in Indonesia. While previous studies on customary law have primarily focused on civil, criminal, and administrative aspects, limited attention has been given to customary constitutional law as a framework of governance. This study addresses that gap by analyzing the institutional structure and governing principles of the Banggai Kingdom using the theoretical framework of trias politica, checks and balances, and decentralization within a unitary state. This study employs a normative legal research approach using statutory, conceptual, and historical approaches. The analysis is conducted through a systematic examination of legal texts, historical records, and relevant scholarly literature to interpret the structure, functions, and authority of customary institutions in the Banggai Kingdom. The findings reveal that the Banggai Kingdom developed a governance system reflecting a functional distribution of powers that parallels modern constitutional principles. The King (Tomundo) exercised executive authority, while Basalo Sangkap Sangkap functioned not only as a legislative body but also as a mechanism of checks and balances through its authority to deliberate, elect, and supervise the ruler. This demonstrates an early form of separation of powers and participatory governance embedded within customary institutions. This study contributes theoretically by advancing the concept of indigenous constitutionalism as an analytical framework for understanding non-Western constitutional traditions. Practically, it provides insights into how customary governance models can inform contemporary policies on regional autonomy, democratic governance, and institutional balance in Indonesia.

Page 9 of 10 | Total Record : 92

 6   7   8   9   10 

Filter by Year

2021 2026


Reset
Filter By Issues
All Issue Vol. 6 No. 1 (2026): As-Siyasi: Journal of Constitutional Law 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 More Issue