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Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Published by Universitas Islam Indonesia
ISSN : -     EISSN : 30218586     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia merupakan media publikasi karya ilmiah hasil seminar nasional yang mengkaji berbagai permasalahan terkini dalam bidang hukum pidana, hukum perdata, hukum internasional, hukum tata negara, dan hukum administrasi negara. Prosiding seminar nasional yang ditulis oleh penulis internal Fakultas Hukum UII maupun penulis eksternal tersebut diterbitkan sebanyak 6 (enam) kali dalam setahun yaitu Januari, Maret, Mei, Juli, September, dan November.
Arjuna Subject : Umum - Umum
Articles 250 Documents
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Redesain Lembaga Kepresidenan untuk Mengatasi Ketidakseimbangan Kekuasaan Eksekutif dan Legislatif di Indonesia M. Mustofah Bisri
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 5 SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The presidential system of government in Indonesia faces various challenges, including the fragmentation of power between the executive and legislative branches that hampers the effectiveness of public policy. The purpose of this study is to analyze the legal challenges faced by the presidential system and how institutional redesign can strengthen the checks and balances mechanism between the executive and legislative branches. The research method used is a qualitative method with a literature study approach, where data is collected from various sources such as books, scientific journals, and official documents. The results of the study indicate that the imbalance of power makes it difficult for the president to implement government programs. The proposed institutional redesign includes clarifying the president's authority, reducing dependence on DPR approval, and simplifying the structure of the presidential institution to increase efficiency. The discussion emphasizes the importance of inter-institutional coordination and structured institutional reform to achieve government stability and effectiveness. The conclusion of this study is that appropriate institutional reform can strengthen the presidential system and improve governance in Indonesia.
Netralitas Lembaga Kepresidenan : Membatasi Rangkap Jabatan Presiden, Gagasan Menuju Undang-Undang Lembaga Kepresidenan Muhammad Sigit Ismail
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 5 SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The presidential institution is a crucial body within Indonesia’s constitutional system. Given its full and comprehensive authority, neutrality in the exercise of its power is essential. To safeguard this neutrality, it is necessary to limit the president from holding any other position outside the presidency. If the president concurrently holds another office, there is a concern that they may lose neutrality and act in favor of their own group, which could lead to public distrust toward the presidential institution and negatively impact the democratization process in Indonesia. Based on this condition, the formulated research problems are: what are the impacts and risks of the president holding multiple positions in government, and how should such dual roles ideally be restricted? The method used in this research is normative juridical, focusing on the study of secondary data. Based on the analysis conducted, it can be concluded that holding multiple positions can lead to unfavorable conditions in the performance of duties. Specifically, if the president concurrently holds another position that influences the government, it may damage the reputation of the presidential institution, as it creates the potential for unfairness and favoritism toward a particular group or interest. Therefore, limitations are necessary to prevent the president from holding other positions, which can be done by establishing legal norms to be included in legislation, such as constitutional amendments or the creation of a specific law regarding the presidential institution and related matters. This will help the presidential institution maintain its neutrality and independence.
Efektivitas Penerapan Check and Balances: Perbandingan Presidensial Indonesia, Filipina, dan Korea Selatan Mirza Nasution; Geofani Milthree Saragih
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 5 SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This study stems from the urgency of maintaining the stability of the presidential system through the effective implementation of the principle of checks and balances. The research focuses on a comparison of the implementation of this principle in three countries with presidential systems, namely Indonesia, the Philippines and South Korea. The main problem is how the checks and balances mechanism is designed and implemented in the constitutional structure of each country, and how effective the mechanism is in preventing the domination of power by one state institution. The method used is normative juridical research with a comparative legal approach, through analysis of legislation, judicial decisions, and relevant academic documents. The results show that the effectiveness of checks and balances is highly dependent on constitutional design, political culture, and the strength of countervailing institutions. The Philippines demonstrates an active oversight system, mainly by the legislature and the Supreme Court. South Korea has effective oversight through audit institutions and impeachment procedures. Indonesia still faces challenges in strengthening oversight due to overly harmonious executive-legislative political relations. This research suggests the importance of strengthening the state's institutional structure and acculturating the principle of mutual supervision between branches of power as the main prerequisites for the creation of a healthy, balanced presidential system, and able to prevent the domination of power by one state institution.
Menyoal Hak Berkampanye Presiden Pada Pilpres 2024 Dari Perspektif Etika Pancasilan Dan Islam Dian Kus Pratiwi; Ahmad Sadzali
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 5 SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This paper discusses President Joko Widodo's campaign practices in the 2024 election by highlighting ethical issues from the perspective of Pancasila and Islamic Ethics. As head of state, President Jokowi has a strategic position that demands moral exemplarity, political neutrality, and commitment to social justice. In practice, Jokowi on the one hand shows a positive attitude by rejecting the politicization of identity, religion, and intolerance that have the potential to damage the unity of the nation. However, on the other hand, his statement that the president is allowed to campaign and take sides, support for his son's candidacy as a vice presidential candidate, and the massive distribution of social assistance during the election period have raised ethical criticism. From the perspective of Pancasila Ethics, these steps cause conflicts with popular values, social justice, and the principle of unity. Meanwhile, Islamic Ethics which emphasizes justice ('adl), trust, honesty (ṣidq), and leadership that is beneficial to the ummah considers that these practices have the potential to contain conflicts of interest and obscure the mandate of office. Thus, President Jokowi's campaign reflects the dialectic between efforts to maintain political stability and national unity with ethical problems related to neutrality, justice, and leadership morality. This study emphasizes the importance of Pancasila and Islamic ethics as normative guidelines in maintaining the integrity of Indonesian democracy.
Legitimasi dan Legalitas Kekuasaan Eksekutif: Analisis Teoritis terhadap Peraturan Perundang-Undangan tentang Lembaga Kepresidenan dalam Perspektif Hukum Tata Negara Progresif Firdaus Arifin
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 5 SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The strengthening of the Indonesian President's position following the amendments to the 1945 Constitution has reinforced the political legitimacy of the executive; however, it has not been fully accompanied by normative consistency in the institutional relationships between the President, ministries, and ministry-level government agencies. This lack of legal clarity presents challenges to both the principles of legality and legitimacy within the framework of a democratic rule of law. This study aims to analyze the institutional design of executive power based on the principles of progressive constitutional law. Employing normative legal research methods with statutory, case, historical, and comparative approaches, this study examines primary and secondary data related to legislation and constitutional practices. The findings reveal that although the political legitimacy of the President has strengthened, institutional fragmentation and weak regulatory frameworks undermine governmental effectiveness and erode public trust. The study implies the urgent need for normative reform to enhance legal clarity, accountability, and transparency in the exercise of executive power, thereby supporting the consolidation of a just and democratic rule of law.
Peluang Redefinisi Kewenangan Pembentukan Perppu dalam RUU Lembaga Kepresidenan Rahadian Diffaul Barraq Suwartono
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 5 SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The President's authority to form a Government Regulation in Lieu of Laws, as stated in Article 22 of the 1945 Constitution of the Republic of Indonesia, has recently received more and more criticism and academic review. Recent research shows that a redefinition is needed, or at least a limitation on the scope of "exigencies compel" as an indicator of the activation of the President's authority to form a Government Regulation in Lieu of Laws. Because, from time to time, there has been a misleading practice which has caused legal chaos when the President exercises the authority to form a Government Regulation in Lieu of Laws. This article highlights the opportunity for more concrete regulation, or at least limitations, on interpreting the meaning of "compelling urgency" as the entry point for implementing a Government Regulation in Lieu of Laws. Using a legal policy and conceptual approach, this article focuses on answering research questions such as: how is the development of science regarding criticism of the formation of a Government Regulation in Lieu of Laws by the President in Indonesia; and is it possible to further regulate the redefinition of the authority to form a Government Regulation in Lieu of Laws through the Presidential Law. This article aspires to a more critical understanding of the granting of the authority to form a Government Regulation in Lieu of Laws in Indonesia. Therefore, the proposal to reconceptualize the authority to form a Government Regulation in Lieu of Laws through the legislative discourse of the Presidential Law needs to be submitted.
Penataan Lembaga Kepresidenan melalui Undang-Undang tentang Lembaga Kepresidenan Rizki Mubarok
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 5 SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This study examines the urgency of establishing a Presidential Institution Law within the Indonesian governmental system, which adopts a presidential system. The president's dual role as both head of state and head of government, along with extensive authority, necessitates clear regulations to define the functions, limitations, and accountability of the presidential institution. The absence of a Presidential Law to date has led to legal uncertainty and the potential for abuse of power. This research uses a normative approach through literature review and analysis of existing legislation. The findings of this study indicate that the lack of regulatory clarity regarding the presidential institution poses a threat to the principle of checks and balances and creates uncertainty in the distribution of authority between the president and other state institutions. Therefore, it is recommended to promptly establish a Presidential Law that clearly defines the powers and limitations of the president’s role, while also strengthening accountability and transparency in governance. Moreover, a more structured and explicit arrangement of the presidential institution will reinforce the principle of checks and balances in Indonesia’s governance, foster political stability, and uphold democracy.
Ambiguitas Nomenklatur Kementerian, Lembaga Pemerintah, dan Lembaga Pemerintah Non Kementerian (LPNK) pada Kabinet Merah Putih Dian Agung Wicaksono; Garuda Era Ruhpinesthi
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 5 SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

During Prabowo Subianto's leadership, various presidential institutions were established, including ministries, non-ministerial government institutions (LPNK), and other government agencies, each with different names. The formation of these institutions raises important questions regarding their characteristics, particularly concerning their scope of authority, organizational position, and the appointment of their leaders. Additionally, this highlights potential ambiguities in their regulations. This study addresses two key questions: (a) How are the ministries, government institutions, and non-ministerial government institutions organized within the Cabinet? (b) What ambiguities exist in the nomenclature of ministries, government institutions, and non-ministerial government institutions in the Cabinets? This research employs a normative legal approach, utilizing both statutory and conceptual analyses. The findings indicate that the institutional mapping within the Cabinets includes 7 coordinating ministries, 41 ministries, 8 LPNK, and one government institution. Furthermore, ambiguities exist in the regulations concerning these three types of presidential institutions, specifically regarding their scope of authority, organizational positions, and leadership structures.
Legislasi Presidential Impeachment: Komparasi, Status Quo, dan Urgensinya dalam Undang-Undang Lembaga Kepresidenan Muhammad RM Fayasy Failaq; Erland Ferdinansyah; Umi Zakia Azzahro; Enika Maya Oktavia
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 5 SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Legislation of the presidential institution has been proposed since 2001 through the draft of the Presidential Institution Law. The problem is that presidential impeachment as a mechanism for limiting presidential power is not regulated. This study aims to: First, compare the regulations on presidential impeachment and impeachment in countries. Second, examine the existence of regulations on presidential impeachment and impeachment that currently exist in Indonesia. Third, measure the urgency of carrying out legislation on presidential impeachment in the Presidential Institution Law. This study is a doctrinal legal study that conducts a literature study with a comparative, conceptual, and legislative approach. The results of this study indicate that based on the comparison there are variations in the regulation of presidential impeachment in countries. Still, starting from the important situation of regulating this in both the constitution and legislative products, the regulation of impeachment in Indonesia itself is spread among many laws and regulations which in some cases causes technical problems in resolving the impeachment mechanism. Therefore, it is necessary to codify impeachment in one Presidential Institution Law.
Redesain Lembaga Kepresidenan Anang Fajri Perdana; Annisa Fidantas Shafir
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 5 SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The Presidential Institution is a constitutional body that plays a central role in Indonesia's presidential system of government as regulated by the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945). However, to this day, there is no specific law that systematically and comprehensively regulates the status, structure, authority, and accountability mechanisms of the Presidential Institution. This regulatory vacuum has given rise to several legal and administrative problems in the practice of state governance, including the absence of limitations on the number of ministries (Article 17 of the 1945 Constitution), the proliferation of deputy ministerial positions that lack explicit legal basis under Law No. 39 of 2008 on State Ministries, overlapping roles between coordinating ministers and technical ministers, and the lack of a clear legal foundation for the appointment of presidential special staff, including millennial special staff. This paper employs a normative juridical approach to examine the urgency of enacting a Law on the Presidential Institution in order to strengthen legal certainty, bureaucratic efficiency, as well as the principles of transparency and accountability in government administration. The study concludes that without an adequate legal framework, the exercise of executive power tends to become excessive and prone to abuse. Therefore, the establishment of a Law on the Presidential Institution is an urgent necessity for the consolidation of democracy and the supremacy of the Constitution.

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