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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 41 Documents
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Future Investment: The Urgency of Fulfilling the Educational Rights of Parepare Beggars and Buskers Sri, Sri Adriana; Maslijar, Heri
JURNAL SULTAN: Riset Hukum Tata Negara Volume 3 Nomor 2 April 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.v3i2.10635

Abstract

This article aims to find out the responsibility of the Parepare City Government in fulfilling the right to education for beggars and buskers in Parepare City; and the inhibiting factors in fulfilling the right to education for beggars and buskers in Parepare City. This type of article is a field research article using a teleogic-normative, juridical, and sociological approach. The results of this article show that: 1) The role of the Education Office and the Social Service in Parepare City related to the fulfillment of the right to education for beggars and beggars in Parepare City is that the Social Service plays a role in identifying and collecting data on beggars and buskers by referring to the integrated database after the social service stage, then the social service submits data on beggars and buskers who need education to the education department, then the education office is the one who continues related to the education program for beggars and buskers through its program, namely Children Not School (ATS) 2). The fulfillment of the right to education for beggars and buskers in Parepare City is faced with various complex and interrelated obstacles. Administrative problems, such as the absence of official identity documents, and lack of information and lack of socialization about educational programs. In addition, the lack of synchronization or lack of coordination between the social service and the education service also worsens this situation, resulting in data and programs that are supposed to support each other to be ineffective and not well coordinated.
Upholding Election Justice: The Election Supervisory Agency's Strategy to Monitor the Campaigns of Non-Candidate Regional Heads in Indonesia Agatha, Insani Tiara; Jannah, Hidayatul
JURNAL SULTAN: Riset Hukum Tata Negara Volume 3 Nomor 2 April 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.v3i2.11291

Abstract

Issues related to whether or not regional heads who are not candidates can participate in campaigning in elections and regional elections have become a separate discourse in the Indonesian electoral law system due to contradictory rules. Therefore, the government seeks to realize electoral justice through strengthening the duties and functions of The Election Supervisory Agency as an institution authorized to oversee all stages of elections and regional elections. In this case, The Election Supervisory Agency or Bawaslu is responsible for ensuring that there are no violations committed by regional heads who are not candidates in the context of elections and regional elections, especially in the campaign stage which is very prone to violations. This research uses a type of library research with a normative juridical research method that uses conceptual approaches and laws and regulations. The result of this study is that The Election Supervisory Agency needs to reform the supervision mechanism in terms of legal substance, legal structure, and legal culture in order to achieve electoral justice in elections and regional elections.
Presidential Term Restrictions (A Comparative Study of Indonesia and the United States in the Perspective of Constitutional Law) Iip Rohul Wahidah; Ade Fartini
JURNAL SULTAN: Riset Hukum Tata Negara Volume 3 Nomor 2 April 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.v3i2.12701

Abstract

This study aims to compare the regulation of presidential term limits in both countries, examine their effectiveness in maintaining democratic principles, and analyze their implications for political stability and control of executive power. The method used is a normative juridical method with a comparative approach. The data used includes primary data (the 1945 Constitution and the 22nd Amendment to the US Constitution), secondary data (books, journals, and scientific articles), and tertiary data (legal dictionaries and encyclopedias of constitutional law). The results of the study show that the presidential term limit is effective in maintaining the principle of checks and balances and preventing power being centralized in one individual. The difference in regulation between Indonesia and the United States lies in the number of presidential terms and duration. In Indonesia, these restrictions serve as a correction to past experience, while in the United States, these restrictions arise after public concerns after Roosevelt's leadership. The implications of this arrangement affect political stability and the process of power rotation in both countries.
Legal Regulation of Building Utilization Policy in Parepare City: Between Plan and Reality Ifa Nurul Ilmah; Indah Fitriani Sukri; La Ode Muhammad Taufiq Afoeli
JURNAL SULTAN: Riset Hukum Tata Negara Volume 3 Nomor 2 April 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.v3i2.12950

Abstract

This research examines the utilization of buildings in Parepare City based on Regional Regulation No. 5/2014 on Building and the effectiveness of supervision conducted by the local government. This research uses a qualitative approach with a social/empirical method. Data were obtained through observation, interviews, and documentation. The results showed that building utilization in Parepare City is not always in accordance with the initial designation. Some buildings have changed functions, such as the culinary market building which turned into a public service office to optimize its utilization, Building 202 which was abandoned after a change in function, and the Jiwasraya building which is not operating due to bankruptcy. Supervision by the PUPR Office is structured, but still faces obstacles in changing the function of buildings and the lack of optimal socialization and supervision. In the perspective of Siyasah Idariyah, the Parepare City Government is responsible for maintaining spatial order and protecting the community from the negative impact of building conversion. The principles of shura and accountability are applied in policy making, with the use of technology and persuasive approaches to increase public awareness. This step is in line with the principles of benefit and responsibility in Islam.
Legal Certainty of Management Rights of Lejja Nature Tourism Park, Soppeng Regency Perspective of Siyasah Tasyri'iyyah Sri wahyuni; Rusdianto Sudirman
JURNAL SULTAN: Riset Hukum Tata Negara Volume 3 Nomor 2 April 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.v3i2.12942

Abstract

This study discusses legal certainty in the management of the Lejja Nature Tourism Park (TWA) of Soppeng Regency from the perspective of Siyasah Tasyri'iyyah. The main focus of this research is the analysis of the division of authority between the Natural Resources Conservation Center (BBKSDA) and PT. Mataesso Mattappa in the management of the tourist area. The purpose of this study is to examine the legal certainty of the management rights of TWA Lejja and evaluate its management based on the principles of Siyasah Tasyri'iyyah. This study uses a qualitative method with a sociological juridical approach. Data was collected through observations, interviews with BBKSDA, PT. Mataesso Mattappa, and tourists, as well as the study of documents related to applicable legal regulations. The theories used in the analysis include the theory of legal certainty, the division of power, and Siyasah Tasyri'iyyah. The results of the study show that the management of TWA Lejja has not fully reflected legal certainty due to the overlap of authority between BBKSDA as a regulator and PT. Mataesso Mattappa as operational manager. Despite the division of duties, its implementation is still not optimal in applying the principles of Siyasah Tasyri'iyyah, especially in the aspects of justice and trust for environmental conservation and community empowerment.
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.

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