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Mohammad Zainal Hamdy
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Syura: Journal of Law
Published by Sekolah Tinggi Agama Islam Darul Ulum Banyuanyar Pamekasan
ISSN : -     EISSN : 29865670     DOI : https://doi.org/10.58223/syura.v1i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Syura is a journal of Law, published biannually: on Februari and August by Constitutional Law Department, Sekolah Tinggi Agama Islam Darul Ulum Banyuanyar Pamekasan, Indonesia. The objective of Syura is to offer the highest quality research to the broadest possible audience. The Editorial aims to offer an academic platform for cross-border legal research. It includes but is not limited to various fields such as philosophy and theory of law, comparative law, sociology of law, international law, constitutional law, private law, economic law, environmental law, criminal law, administrative law, cyber law, human rights law, Islamic Law and agrarian law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 47 Documents
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Legal Analysis of Legal Standing Issues in The Constitutional Court Decision: In The Constitutional Court Decision Number 90/PUU-XXI/2023 Asri Muhammad Saleh; Moza Dela Fudika; Tamim Ripinra Putra
Syura: Journal of Law Vol. 4 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v4i1.814

Abstract

This research reviews constitutional review at the Constitutional Court (MK), especially in Case No.90/PUU-XXI/2023. The focus is on the applicant's legal standing and the Constitutional Court's considerations in making decisions. Legal standing is a legal right or position that allows a party to file a lawsuit before a court. In the context of material review, the applicant's legal position is the main determinant of the legitimacy of judicial review. Normative legal methods are used in this research to systematically and in-depth analyze the legal framework governing legal standing and the Constitutional Court's interpretation of it in the context of the cases studied. This research discusses the requirements and criteria for legal standing which are regulated in both the law and MK regulations, as well as the MK's interpretation of them in this case. The results show a debate surrounding the consistency, independence, and integrity of the Constitutional Court, especially regarding the controversial decisions received. Criticism emerged regarding the Constitutional Court's approach in assessing legal standing, where there were allegations of inconsistencies, loose assessments, and potentially dubious conflicts of interest. Thus, this research provides in-depth insight into the constitutional review process and the challenges faced by the Constitutional Court in maintaining its authority as an independent and credible constitutional justice institution.
Reconstructing the Role of the Prosecutor's Office in Resolving Corruption Crimes in National Strategic Projects Dedy Pranata; Amzulian Rifai; Nashriana Nashriana
Syura: Journal of Law Vol. 4 No. 2 (2026)
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v4i2.996

Abstract

The Prosecutor's Office handling of corruption cases involving National Strategic Projects (PSN) has not been optimal, as evidenced by lenient sentences compared to the public prosecutor’s charges, recovery of state losses of less than 30%, and litigation processes lasting 3–5 years with significant costs associated with resolving corruption cases. However, Article 30C(d) of Law No. 11/2021 grants the Prosecutor's Office the authority to conduct penal mediation. This study aims to analyze the reconstruction of the Prosecutor's Office role through penal mediation during the investigation stage to ensure that the resolution of PSN corruption cases is faster, more efficient, and guarantees the recovery of state funds. This is a normative legal study employing a legislative and conceptual approach. The results of the study indicate three obstacles: structural, substantive, and cultural. The restructuring is carried out through a “Limited Penal Mediation” model for PSN corruption cases involving cooperative perpetrators, accompanied by administrative sanctions, verification by the Financial and Development Supervision Agency (BPKP), and oversight by the Deputy Prosecutor's Office for Supervision (Jamwas) and the Prosecutor General’s Commission (Komjak). It is recommended that the Prosecutor's Office issue a Regulation of the Prosecutor's Office (Perja) regarding Standard Operating Procedures (SOPs) for Penal Mediation in PSN Corruption Cases.
Legal Compliance with Merger Notification Requirements for Foreign Business Entities in the Crypto Asset Sector: An Analysis of KPPU Decision No. 16/KPPU-M/2024 Melki T. Tunggati; Karlin Z. Mamu; Sofyan Piyo
Syura: Journal of Law Vol. 4 No. 2 (2026)
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v4i2.801

Abstract

This research critically examines the legal compliance of foreign business actors with merger notification obligations in Indonesia's crypto asset sector, using KPPU Decision Number 16/KPPU-M/2024 as its empirical anchor while offering a theoretical contribution that integrates extraterritorial jurisdiction doctrine with legal compliance theory. Employing normative legal research through statutory, case, and comparative approaches, this study evaluates the reasoning quality of the Commission's decision rather than merely describing it, finding that while two of four violation elements were soundly proven, two others were established declaratively without transparent methodology. A comprehensive four-country comparison (Indonesia, the European Union, the United States, and Singapore) reveals that Indonesia is the only jurisdiction lacking any structured compliance guidance for foreign investors, and that its fixed administrative sanction produced a disproportionately weak deterrent against a multinational entity affiliated with Binance. The study further develops an original analytical framework identifying four structural dimensions unique to crypto markets, namely market concentration, network effects, platform dominance, and data concentration, none of which are captured by Indonesia's conventional asset-and-sales-value merger thresholds. These findings indicate that foreign business actors' non-compliance stems not merely from individual negligence but from systemic regulatory and institutional gaps. The research concludes that effective merger oversight in the crypto sector requires responsive regulatory reform, a gradual transition toward pre-merger notification, and sector-specific compliance instruments, while acknowledging its limitation as a single-case normative study whose findings warrant further empirical validation.
A Reconstruction of the Business Judgment Rule Doctrine from the Perspective of Modern Civil Law: Between Director Protection and Corporate Accountability Selamat Lumban Gaol; Mawardi Mawardi; Abdulwahab Abdullah Al-Maamari
Syura: Journal of Law Vol. 4 No. 2 (2026)
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v4i2.815

Abstract

The business judgment rule (BJR) is a fundamental doctrine in corporate law that provides legal protection to directors for business decisions made in the course of managing a company. Such protection applies as long as the decisions are taken in good faith, with due care, and within the scope of their lawful authority. In practice, this doctrine functions to prevent excessive interference in business policies, which inherently involve risk and uncertainty. However, along with the development of modern civil law, which increasingly emphasizes the principles of justice, transparency, and accountability, the BJR doctrine requires conceptual reconstruction to prevent its misuse as a shield against legal responsibility. This study aims to examine the concept of the BJR within the framework of Indonesian positive law and to formulate a reconstruction model that is more responsive to the dynamics of modern civil law. The research employs a normative juridical method with statutory and conceptual approaches. The analysis is conducted through a review of primary and secondary legal sources related to directors’ liability and the duty of care in corporate governance. The findings indicate that the regulation of the BJR in Indonesia still contains normative ambiguities, particularly concerning the parameters of good faith and the standards of due care, which have not been clearly and objectively defined. The novelty of this study lies in proposing a reconstruction model of the business judgment rule based on objective parameters for assessing good faith and due care. This study contributes a normative framework to strengthen legal protection for directors while reinforcing the principle of corporate accountability. Therefore, a reconstruction of the BJR doctrine is necessary through the strengthening of objective parameters, enhancement of transparency in decision-making processes, and reinforcement of corporate accountability principles in order to achieve a balance between the protection of directors and legal responsibility.
The Legacy of Colonial Legal Politics on Islamic Law and Indonesian Adat Law: An Analysis of Snouck Hurgronje’s Thought Sulaiman Kurdi; Ichwan Ahnaz Alamudi; Muhammad Torieq Abdillah; Husna Sari; Rena Zulfaidah
Syura: Journal of Law Vol. 4 No. 2 (2026)
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v4i2.812

Abstract

This research aims to analyze the political legacy of Dutch colonial law on Islamic law and adat law in Indonesia through a study of Christiaan Snouck Hurgronje’s thoughts. Different from previous studies that generally address colonial policy history, modern legislative convergence, or pre-colonial history in isolation, this study reconstructs Hurgronje’s receptie theory as a systematic instrument of legal engineering. This normative legal research employs historical and conceptual approaches by analyzing primary colonial documents as well as contemporary literature. The results demonstrate that prior to colonial intervention, Islamic law operated as an autonomous and sovereign legal system alongside customary law. Driven by Hurgronje’s doctrine that separated ritual Islam from political Islam, colonial policy systematically subordinated Islamic law to customary law (adatrechtpolitiek) through processes of dehistoricization and institutional marginalization. The findings affirm that this colonial legal engineering transformed an authentic and egalitarian pre-colonial legal pluralism into a hegemonical and segregative post-colonial legal system. Therefore, this study underscores the importance of deconstructing colonial epistemic biases to establish a fair and equal framework for national legal pluralism in Indonesia.
Legal Protection for Tourists Against Illegal Levies in the Tourism Sector: A Socio-Legal Study of the Mandalika Special Economic Zone, Central Lombok Regency Ahmad Rifai; Gusti Ayu Ratih Damayanti; Hafizatul Ulum; Sukarno Sukarno; Miftahul Janah; Zahwil Arham
Syura: Journal of Law Vol. 4 No. 2 (2026)
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v4i2.911

Abstract

Levies at tourist destinations are legally recognized as official retribution, including business service retribution under Article 88 paragraph (3) of Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments. However, the implementation of parking and entrance fees in the Mandalika Special Economic Zone (SEZ), Central Lombok Regency, remains problematic. Tourists have reported excessive fees, unclear parking tickets, and charges that do not comply with applicable regulations, indicating inadequate protection of tourists’ rights to transparency, security, comfort, and legal protection. This study aims to analyze the implementation of legal protection for tourists in the Mandalika SEZ and identify obstacles and appropriate solutions for strengthening such protection. This study employs an empirical legal method. Data were obtained through field observations, interviews with relevant stakeholders, and document studies, and were analyzed qualitatively. The findings indicate that legal protection for tourists remains weak. Tourists frequently receive insufficient information regarding applicable tariffs and may face coercive or unreasonable charges. Weak coordination and overlapping responsibility among tourism managers and local authorities also contribute to ineffective supervision and enforcement. This study contributes an empirical perspective on tourist protection in the Mandalika SEZ and proposes stronger coordination among the Central Lombok Regional Government, Tourism Office, Transportation Office, and ITDC, accompanied by firm sanctions against unauthorized parking attendants and transparent levy management.
Discretionary Evidence Loaning as Property Rights Protection for Victims of Motor Vehicle Theft: An Empirical Study on the Modernized Criminal Justice Paradigm Subekti Subekti; Maldine Ikhtiarsyah Putra; Yoyok Ucuk Suyono; Ernu Widodo; Donny Irawan
Syura: Journal of Law Vol. 4 No. 2 (2026)
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v4i2.1020

Abstract

Motor vehicle theft remains a dominant conventional crime that challenges local law enforcement stability. Although recovering stolen vehicles represents a success for investigators, it paradoxically triggers secondary victimization when those vehicles are impounded in police custody for extended periods as court evidence. This study aims to analyze the legal protections provided to victims regarding their property rights and identify the technical-legal obstacles faced by investigators in the field amid the transition toward Indonesia's modernized criminal justice framework. Using empirical legal research with fact and statute approaches, data were gathered through in-depth interviews with investigators at the Tanjungpinang City Police Resort (Polresta Tanjungpinang) and affected victims. The results indicate that legal protection is effectively delivered through transparent Case Progress Reports (SP2HP) and a fast-track, cost-free "evidence loaning" (pinjam pakai barang bukti) mechanism executed within three days based on the victim's economic urgency. However, investigators face significant challenges, including risks of evidence modification or loss before trial and physical tampering with engine and chassis serial numbers by criminals. This study concludes that progressive police discretion successfully bridges the gap between rigid statutory certainty and social utility for crime victims under contemporary legal reforms.

Page 5 of 5 | Total Record : 47

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