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INDONESIA
Jurnal Sultan : Riset Hukum Tata Negara
Published by Institut Agama Islam Negeri Parepare
ISSN : -     EISSN : 29857260     DOI : https://doi.org/10.35905/sultan_htn
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
JURNAL SULTAN: Riset Hukum Tata Negara is a peer-reviewed journal published by the Constitutional Law Study Program, Faculty of Sharia and Islamic Law, Parepare State Islamic Institute, Indonesia under the auspices of the Sao Jurnal IAIN Parepare. The study headers from the JURNAL SULTAN include constitutional law, election law, local government law, state administrative law, and state law. This journal is a scientific journal in the field of constitutional law published in April and October. The purpose of this journal is as a means for students, academics, researchers, and practitioners to publish original research articles or review articles. The scope published in this journal discusses various topics of constitutional law, including: 1. State Administrative Law; 2. Constitutional Law; 3. Local Government Law; 4. Village Government Law; 5. State Financial Law; 6. Election Law; 7. Environmental Law; 8. Labor Law; and 9. State Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Volume 4 Nomor 1 Oktober 2025" : 6 Documents clear
The Constitutional Interpretation of Constitutional Court Decision Number 128/PUU-XXIII/2025 Regarding The Prohibition of Ministers and Deputy Ministers Holding Multiple Positions in Indonesia Wasil Haqqullah, Moh.
JURNAL SULTAN: Riset Hukum Tata Negara Volume 4 Nomor 1 Oktober 2025
Publisher : Program Studi Hukum Tata Negara, Institut Agama Islam Negeri Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/sultan_htn.v4i1.15125

Abstract

Indonesia is a country that adopts a presidential system of government. In this system, an elected President is assisted by Ministers and Deputy Ministers in carrying out state duties. This is affirmed in the 1945 Constitution of the Republic of Indonesia, Article 17, paragraphs (1) to (3). However, the problem with these Ministers and Deputy Ministers in the current government is that 32 Ministers and Deputy Ministers hold dual positions in state-owned enterprises and other institutions, such as political parties. The prohibition on dual office-holding for Ministers and Deputy Ministers is regulated by Law No. 39 of 2008 concerning State Ministries, Article 23, which explicitly prohibits Ministers from holding dual office. This is further addressed in the Constitutional Court Decision Number 128/PUU-XXIII/2025 regarding the prohibition on dual office-holding for Ministers and Deputy Ministers. Based on the background of the problem, the author formulates the research question: How can the principles of good governance of state institutions be realized? What are the constitutional losses for civil society regarding Ministers and Deputy Ministers who hold dual positions in SOEs and Political Parties? What is the ratio decidendi of the Constitutional Court Justices regarding Decision No. 128/PUU-XIII/2025? This type of research uses normative research, and the research approaches are the statute approach and the case approach. The results of this study indicate that conflicts of interest arising from ministers and deputy ministers holding multiple positions will lead to abuse of power, thereby negatively impacting good governance. Dual office-holding often leads to conflicts of interest between the positions of Minister and Deputy Minister and structural positions in state-owned enterprises and political parties. Thus, this phenomenon of dual office-holding will affect performance in the duties and functions of each ministry, and will not comply with applicable laws and regulations.
Overlapping Investigative Authorities of Prosecutors and Police in the Draft Criminal Procedure Code from an Indonesian Constitutional Perspective Mahmudi, Mohammad; Wildani, Farhan; Jannah, Khairul
JURNAL SULTAN: Riset Hukum Tata Negara Volume 4 Nomor 1 Oktober 2025
Publisher : Program Studi Hukum Tata Negara, Institut Agama Islam Negeri Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/sultan_htn.v4i1.14928

Abstract

The emergence of dualism in investigative authority between the Prosecutor’s Office and the Police in the draft Criminal Procedure Code (RUU KUHAP) has triggered legal ambiguity, resulting in uncertainty within Indonesia’s constitutional system. Investigative authority, which is generally vested in the police as stipulated in the current Criminal Procedure Code (KUHAP), has been expanded—particularly through the provisions of Article 12 paragraph (11) and Article 111 paragraph (2) of the draft law. This situation has the potential to create overlapping jurisdictions, disrupt the principle of due process of law, and weaken the checks and balances within the criminal justice system. The lack of clarity in delineating the boundaries of authority between the police and the prosecutor’s office may lead to institutional conflicts and inefficiencies in law enforcement. This study employs a normative juridical method, utilizing both statutory and conceptual approaches. The statutory approach is used to systematically examine existing and proposed provisions of positive law, while the conceptual approach serves to analyze relevant legal principles and doctrines, including inter-agency coordination within the framework of the rule of law. Therefore, a clear and proportional restructuring of investigative authority is necessary to establish a criminal justice system that is fair, effective, and aligned with the principles of a constitutional state.
Strengthening The Legislative Function of Indonesia’s Regional Representative Council: Normative and Evaluative Performance Analysis Umaroh, Abi; Ananta, Radite Ranggi
JURNAL SULTAN: Riset Hukum Tata Negara Volume 4 Nomor 1 Oktober 2025
Publisher : Program Studi Hukum Tata Negara, Institut Agama Islam Negeri Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/sultan_htn.v4i1.15019

Abstract

The implementation of the legislative function of the House of Regional Representatives (DPD) of the Republic of Indonesia in regional development faces serious challenges due to the limited authority it has. DPD, which is supposed to be the mouthpiece of the regional community, in practice functions more as a complement to the House of Representatives (DPR) in the Indonesian parliamentary system. This study aims to analyze the implementation of the legislative function of DPD during the working period of 2020-2024, as well as to identify solutions that can strengthen the role of DPD in the legislative system. The method used in this research is field research with a normative juridical qualitative approach. The data sources of this research include primary data, secondary data, and legal materials. Data retrieval techniques are taken through interviews as well as documentation and analyzed using inductive descriptive techniques. The results indicate that the amendment to Article 20 Paragraph (1) and Article 22D Paragraph (2) of the Constitution of the Republic of Indonesia is necessary as a strategic step to strengthen the legislative authority of DPD. By strengthening through reformulation of these articles, the role of DPD can run more optimally and substantively in encouraging regional development.
Peluang Implementasi Sunset Clauses Legislation dalam Pembentukan Undang-Undang di Indonesia Elsa Wulandari; Dirga Achmad
JURNAL SULTAN: Riset Hukum Tata Negara Volume 4 Nomor 1 Oktober 2025
Publisher : Program Studi Hukum Tata Negara, Institut Agama Islam Negeri Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/sultan_htn.v4i1.14863

Abstract

This article discusses the potential for the sunset clauses legislation method to be applied in the formation of laws in Indonesia, which has previously been implemented in several countries (the United States, Switzerland, South Korea, Germany, and Australia) to address regulatory issues. This is interesting to study because the legal framework in Indonesia, particularly laws, is overlapping and unimplementable due to over regulation. Therefore, the author found three problem mappings to be discussed: the urgency of sunset clauses legislation in Indonesia, a comparative study of the application of sunset clauses legislation in other countries, and how sunset clauses legislation is regulated in the legal norm system when implemented in the formation of laws in Indonesia. The problem mapping will be studied comprehensively using normative methods with conceptual, statutory, case, and comparative approaches. The type of data used is secondary data obtained through literature studies which are then analyzed qualitatively. Keywords: Sunset Clauses Legislation, Laws, Over regulation
Tokenism in Legislation: A Critical Analysis of Public Participation in Legal Reform in Indonesia Tjarsadiwiryo, Fikriansyah
JURNAL SULTAN: Riset Hukum Tata Negara Volume 4 Nomor 1 Oktober 2025
Publisher : Program Studi Hukum Tata Negara, Institut Agama Islam Negeri Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/sultan_htn.v4i1.13288

Abstract

This article examines the phenomenon of tokenism in public participation within the legislative process in Indonesia. Adopting a normative legal approach and the conceptual framework of tokenism, this study analyzes the extent to which public participation in lawmaking tends to function more as a formality than as meaningful involvement. The findings indicate that, despite the existence of a supportive legal framework, the practical implementation of public participation remains largely symbolic. This analysis underscores the urgent need for legislative reform that is more inclusive, deliberative, and accountable, enabling public participation to meaningfully contribute to the quality of legislation in Indonesia.
Analisis Konstitusional Larangan Rangkap Jabatan Wakil Menteri Di Indonesia Muhammad Safaat Gunawan; Karsa, Pipih Ludia; Pradana, Syafa'at Anugrah; Mirdedi; Eki Furqon
JURNAL SULTAN: Riset Hukum Tata Negara Volume 4 Nomor 1 Oktober 2025
Publisher : Program Studi Hukum Tata Negara, Institut Agama Islam Negeri Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/sultan_htn.v4i1.15296

Abstract

The phenomenon of Deputy Ministers holding concurrent positions as commissioners or supervisory board members in State-Owned Enterprises (SOEs) reveals a serious problem in Indonesian constitutional practice, namely the lack of synchronization between legal norms and political behavior. Various laws and regulations, such as Law No. 39 of 2008 on State Ministries, Law No. 25 of 2009 on Public Services, and Law No. 19 of 2003 on SOEs, explicitly and imperatively prohibit public officials, including Deputy Ministers, from holding positions that have the potential to cause conflicts of interest. This provision is reinforced by Constitutional Court Decisions No. 79/PUU-IX/2011 and No. 80/PUU-XVII/2019, which confirm that Deputy Ministers are part of the government cabinet and are therefore subject to the same restrictions on concurrent positions as Ministers. This study uses a normative juridical approach with legislative, conceptual, and case analysis to examine the clarity of the norm prohibiting concurrent positions and the direction of legal reform needed. The results of the study confirm that the prohibition on holding multiple positions is binding and must be enforced in accordance with the mandate of the law and the decision of the Constitutional Court. In addition, there is a tendency for a constitutional crisis to occur in the government. Therefore, regulatory reforms are needed to reinforce this prohibition at the legislative level and limit the executive's authority in determining public positions. Keywords : Dual roles, Regulatory reform, Constitutional crisis.

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