Garuda - Garba Rujukan Digital

Efektivitas Peraturan Daera Nomor 20 Tahun 2013 Tentang Penyelenggaraan Perlindungan Anak Kota Kendari Terhadap Korban Kekerasan Anak Olivia Pelponia Sutra L
QAIMUDDIN: Journal of Constitutional Law Review Vol. 5 No. 2 (2025): Qaimuddin: Journal of Constitutional Law Review
Publisher : Institut Agama Islam (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/qjclr.v5i2.12216

This study aims to examine the protection of children from bullying at SMP Negeri 14 Kendari from the perspective of Maqashid Syariah. Bullying in schools can have negative impacts on children’s psychological and social development, making child protection crucial. The perspective of Maqashid Syariah emphasizes the protection of children’s fundamental rights, such as the safety of life, intellect, and dignity. This research employs a qualitative approach, focusing on a case study at SMP Negeri 14 Kendari. Data was collected through interviews with the principal, teachers, and students, as well as document analysis of child protection policies in the school. Thematic analysis was used to analyze the data. The findings indicate that child protection from bullying at SMP Negeri 14 Kendari has been implemented through various character education programs, the creation of a safe environment, and the enforcement of school policies that support students’ well-being. The Maqashid Syariah perspective provides a moral and ethical foundation in addressing bullying cases, focusing on fulfilling the child’s right to live safely and with dignity. Although child protection at the school aligns with the principles of Maqashid Syariah, this study recommends enhancing monitoring and support for victims of bullying. Furthermore, collaboration among the school, parents, and the community should be strengthened to create a safer environment for children. This research offers valuable insights for developing more effective child protection policies in schools.

KETERWAKILAN PEREMPUAN DI DPR-DPRD PILAR UTAMA KEADILAN GENDER DALAM KEBIJAKAN PUBLIK Nur Rahmadani; Hasniati; Muhammad Najib
QAIMUDDIN: Journal of Constitutional Law Review Vol. 5 No. 2 (2025): Qaimuddin: Journal of Constitutional Law Review
Publisher : Institut Agama Islam (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/qjclr.v5i2.12280

Women’s representation in Indonesia’s legislative institutions is still largely understood in quantitative terms through the 30% quota policy, yet it has not fully translated into substantive representation. Previous studies have left a gap by insufficiently integrating structural, institutional, cultural, and media dimensions in explaining the effectiveness of female legislators. This study aims to examine the extent to which women’s representation in the DPR and DPRD contributes to gender justice, to identify the barriers limiting their strategic roles, and to propose strategies for strengthening their legislative capacity. The research employs a literature review method by analyzing scholarly journals, books, and academic reports, framed within representation theory that distinguishes between symbolic and substantive representation. The findings reveal that although the number of women in parliament has steadily increased since the reform era, their presence often remains symbolic due to political patronage, entrenched patriarchy, media bias, and weak institutional support from political parties. Nonetheless, examples of substantive representation exist, such as women’s crucial involvement in the enactment of the Domestic Violence Law (PKDRT) and the Sexual Violence Law (TPKS). These cases highlight the need for internal party reforms, cross-faction solidarity, gender-sensitive political education, and alternative media utilization to enhance women’s substantive roles. The implication is that women’s representation must not be confined to fulfilling quota requirements but should be directed toward multi-level and multi-sector strategies that ensure inclusive democracy and position gender justice as a foundational pillar of sustainable political development.

Effectiveness of Law Enforcement Against Alcoholic Beverage Sales Locations in Kendari City Based on Minister of Trade Regulation No. 20 of 2014: Efektifitas Penegakan Hukum Terhadap Tempat Penjualan Minuman Beralkohol Di Kota Kendari Berdasarkan Peraturan Menteri Perdagangan No. 20 Tahun 2014 al azis
QAIMUDDIN: Journal of Constitutional Law Review Vol. 5 No. 2 (2025): Qaimuddin: Journal of Constitutional Law Review
Publisher : Institut Agama Islam (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/qjclr.v5i2.12545

The circulation of alcoholic beverages is a complex issue in Kendari, Southeast Sulawesi, involving concerns for public health and safety. Although Minister of Trade Regulation No. 20 of 2014 regulates the supervision and control of alcoholic beverage circulation, its implementation at the local level remains suboptimal. This study aims to evaluate the effectiveness of law enforcement against alcoholic beverage vendors in Kendari based on the applicable regulations. The research employs a normative, juridical-empirical approach. Primary data was obtained through a review of Minister of Trade Regulation No. 20 of 2014, while secondary data was collected through interviews with law enforcement officials and field observations. The data analysis technique employed is qualitative descriptive analysis, which aims to identify practices, obstacles, and opportunities for policy improvement. The findings suggest that law enforcement efforts aimed at curbing the sale of alcoholic beverages in Kendari have been ineffective. The study reveals a lack of coordination among law enforcement agencies, low public legal awareness, and the absence of synchronization between Minister of Trade Regulation No. 20 of 2014, the Omnibus Law on Job Creation, and related risk-based licensing regulations. The gap between national regulations and field practices is further widened by the lack of regional regulations specifically governing the supervision of alcoholic beverages. This study suggests the need for stricter regional regulations, enhanced capacity among law enforcement personnel, and stronger public education to improve the effectiveness of monitoring the circulation of alcoholic beverages in Kendari.

Perlindungan Anak dari Bullying di SMP Negeri 14 Kendari: Kajian Maqashid Syariah Andi Astuti Andi
QAIMUDDIN: Journal of Constitutional Law Review Vol. 5 No. 2 (2025): Qaimuddin: Journal of Constitutional Law Review
Publisher : Institut Agama Islam (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/qjclr.v5i2.12546

This study aims to examine the protection of children from bullying at SMP Negeri 14 Kendari from the perspective of Maqashid Syariah. Bullying in schools can have negative impacts on children’s psychological and social development, making child protection crucial. The perspective of Maqashid Syariah emphasizes the protection of children’s fundamental rights, such as the safety of life, intellect, and dignity. This research employs a qualitative approach, focusing on a case study at SMP Negeri 14 Kendari. Data was collected through interviews with the principal, teachers, and students, as well as document analysis of child protection policies in the school. Thematic analysis was used to analyze the data. The findings indicate that child protection from bullying at SMP Negeri 14 Kendari has been implemented through various character education programs, the creation of a safe environment, and the enforcement of school policies that support students’ well-being. The Maqashid Syariah perspective provides a moral and ethical foundation in addressing bullying cases, focusing on fulfilling the child’s right to live safely and with dignity. Although child protection at the school aligns with the principles of Maqashid Syariah, this study recommends enhancing monitoring and support for victims of bullying. Furthermore, collaboration among the school, parents, and the community should be strengthened to create a safer environment for children. This research offers valuable insights for developing more effective child protection policies in schools.

Sinkronisasi Sistem Perencanaan Pembangunan Nasional melalui Pemilihan Umum Serentak Yusri; Aris Nur Qadar Ar Razak; Aris Darmawan Al-Habib
QAIMUDDIN: Journal of Constitutional Law Review Vol. 6 No. 1 (2026): Qaimuddin: Journal of Constitutional Law Review
Publisher : Institut Agama Islam (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/qjclr.v6i1.12930

The simultaneous general elections in 2024 have significant relevance to long-term development planning, particularly during the RPJPN period of 2025-2045. However, the misalignment between political cycles and development planning cycles has caused fragmentation in policy between the central and regional governments. This study aims to analyze the impact of synchronized elections on the integration of central and regional policies to achieve consistent national development goals. The research design uses a literature review approach, examining laws, journals, and other relevant sources, and applying policy analysis to describe the challenges and opportunities of such synchronization. The findings indicate that synchronized elections have the potential to improve the harmony of national development implementation, reduce regional disparities, and strengthen political stability. However, challenges remain in the timing alignment between the elections and the preparation of RPJMD. A limitation of this research is the absence of empirical data that could directly support field analysis. The added value of this study lies in its contribution to formulating policy recommendations to enhance the effectiveness of synchronized elections as an instrument for sustainable development, as well as offering a new perspective on the relationship between democratic legitimacy and development consistency. This study is expected to contribute to the development of public policy theory and national development planning in Indonesia.

Analisis Yuridis atas Amandemen Undang-Undang Angkatan Bersenjata Nasional Indonesia dan Keseimbangan Sipil-Militer Azzahra, Nurrefa; Siswanti, Eviana; Fartini, Ade; Nabilla, Allivia
QAIMUDDIN: Journal of Constitutional Law Review Vol. 6 No. 1 (2026): Qaimuddin: Journal of Constitutional Law Review
Publisher : Institut Agama Islam (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/qjclr.v6i1.13304

This study examines the 2025 amendment to the Indonesian National Armed Forces Law (TNI Law), which has revived debate over the boundary between military and civilian roles and its consequences for the balance of power in a constitutional democracy. The central problem lies in the amendment’s tendency to expand military involvement beyond its defense mandate through broader access for active-duty officers to civilian posts, the expansion of Military Operations Other Than War (OMSP), and insufficient legal safeguards to restrain military intervention in government affairs. The study aims to analyze the amendment as a juridical issue concerning the distribution of authority, accountability patterns, civilian control, and checks and balances between military and civilian institutions. This research employs a normative legal method and a qualitative approach, based on secondary data collected through document study and library research on legislation, legal documents, and relevant scholarly works. The findings show three main points. First, the revised norms create ambiguity and regulatory gaps that enable the expansion of civilian positions for active-duty officers. Second, the amendment may generate overlapping authority, accountability conflicts, and weakened civilian control within the bureaucracy. Third, expanded military involvement in civilian offices threatens TNI professionalism and signals post-reform remilitarization. These findings indicate that the amendment cannot be understood as an ordinary administrative adjustment. The study therefore implies the need for constitutional correction, clearer legal limits on military roles, and stronger civilian oversight to safeguard constitutional democracy.

Ketidakselarasan dalam Wewenang untuk Menyelesaikan Sengketa Pemilu Lokal Pasca-Keputusan Mahkamah Konstitusional La Ewo, Jefriansyah
QAIMUDDIN: Journal of Constitutional Law Review Vol. 6 No. 1 (2026): Qaimuddin: Journal of Constitutional Law Review
Publisher : Institut Agama Islam (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/qjclr.v6i1.13349

This study analyzes the authority to resolve local election (Pilkada) result disputes in Indonesia, which have been subject to frequent regulatory changes and constitutional reinterpretations. The main issue is how judicial authority over Pilkada disputes has evolved and what system best ensures legal certainty and the rule of law. The study highlights a normative conflict between Law No. 10 of 2016 and Constitutional Court Decision No. 85/PUU-XX/2022 and offers a model for a constitutionally consistent and coherent legal structure. This research employs a normative legal method, drawing on legislative, conceptual, and case law approaches through a literature review of legal materials. The analysis directly examines the relationship between legal norms and constitutional practices in Pilkada dispute resolution. Findings show that shifting authority between the Supreme Court and Constitutional Court has caused legal uncertainty, regulatory conflict, and weakened protection of Pilkada participants’ rights. Constitutional Court Decision No. 85/PUU-XX/2022 establishes the Constitutional Court as the permanent body for Pilkada disputes. This research underscores the need for normative harmonization and stronger legal and political policies to create a stable, fair, and certain dispute-resolution system for Pilkada.

IMPLEMENTASI KEADILAN (AL-ADL DAN AL-QISTH) DALAM PUTUSAN PENGADILAN PERSPEKTIF HISTORI-YURIDIS Mutiara, Mutiara; Talli, Halim; Asni, Asni
QAIMUDDIN: Journal of Constitutional Law Review Vol. 6 No. 1 (2026): Qaimuddin: Journal of Constitutional Law Review
Publisher : Institut Agama Islam (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/qjclr.v6i1.13761

The concept of justice in Islamic teachings is fundamentally rooted in the principles of al-’adl and al-qisṭh, which emphasize fairness, balance, and moral responsibility in legal decision-making. However, in the Indonesian judicial system, law enforcement often tends to rely on a legal-formalist approach that prioritizes procedural legality over substantive justice, creating a gap between normative Islamic justice values and their practical application in judicial decisions. This study aims to analyze the implementation of the principles of al-’adl and al-qisṭh in Indonesian judicial decisions and to evaluate their relevance within the framework of the modern national legal system. This research employs a normative legal research method using historical and juridical-analytical approaches. The analysis is based on a review of Islamic legal literature and national legal frameworks, as well as an examination of the Supreme Court of the Republic of Indonesia Decision Number 46 P/HUM/2018. The results show that Islamic justice values have been substantively internalized in judicial reasoning through the application of proportional justice, the balance of rights and obligations, and an orientation toward public interest (maṣlaḥah), although these principles are not always explicitly articulated using Islamic legal terminology. This study focuses on normative analysis and is limited to a specific judicial decision. This research highlights the potential of al-’adl and al-qisṭh as ethical and philosophical foundations that can strengthen the integration of Islamic justice values within Indonesia’s national legal system while bridging the tension between legal certainty and substantive justice.

Implementasi Putusan MK Nomor 135/PUU-XIII Tahun 2015 Tentang Hak Pilih Disabilitas Mental Dalam Pemilu Perspektif Siyasah Tri Ana Mardalisa; La Ode Muhammad Iman Abdi Anontomo Uke; Arini Pratiwi; Muhammad Najib
QAIMUDDIN: Journal of Constitutional Law Review Vol. 6 No. 1 (2026): Qaimuddin: Journal of Constitutional Law Review
Publisher : Institut Agama Islam (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/qjclr.v6i1.13171

This study examines the gap between the normative guarantee of voting rights for persons with mental disabilities and their implementation in elections, despite Constitutional Court Decision Number 135/PUU-XIII/2015, which affirms that mental disorders do not automatically eliminate a person’s capacity to vote. It aims to analyze the implementation of this decision from a siyasah perspective through a case study at the Southeast Sulawesi Provincial Mental Hospital. The research employs an empirical juridical method with a qualitative approach. Data were collected through observation, in-depth interviews, and documentation involving hospital staff and the Kendari City General Election Commission. Data analysis was conducted through reduction, display, and conclusion drawing. The findings reveal that the implementation of voting rights for persons with mental disabilities still faces administrative and institutional obstacles. Voter registration remains incidental and unsustained, the absence of special or mobile polling stations limits access for inpatients, and the assessment of voting capacity is not supported by standardized operating procedures or adequate dissemination. These findings indicate that the main problem lies in technical governance rather than in the legal foundation itself. From a siyasah perspective, this condition reflects the incomplete realization of justice, trust, public welfare, and non-discrimination. The study highlights the importance of viewing mental hospitals as spaces for the exercise of political rights. Its implications include strengthening inter-institutional coordination, formulating joint standard operating procedures, conducting periodic voter registration, providing accessible polling mechanisms, and developing more inclusive, fair, and sustainable electoral policies for persons with mental disabilities at the local level.

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
Hasniati

Contact Email
qaimuddin@iainkendari.ac.id

Phone
+6282349836121

Journal Mail Official
qaimuddin@iainkendari.ac.id

Editorial Address
Jln. Sultan Qaimuddin No. 17 Baruga Kota Kendari

Location
Kota kendari,

Sulawesi tenggara

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Hasniati

Contact Email qaimuddin@iainkendari.ac.id

Phone +6282349836121

Journal Mail Official qaimuddin@iainkendari.ac.id

Editorial Address Jln. Sultan Qaimuddin No. 17 Baruga Kota Kendari

Location Kota kendari, Sulawesi tenggara INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Hasniati

Contact Email
qaimuddin@iainkendari.ac.id

Phone
+6282349836121

Journal Mail Official
qaimuddin@iainkendari.ac.id

Editorial Address
Jln. Sultan Qaimuddin No. 17 Baruga Kota Kendari

Location
Kota kendari,

Sulawesi tenggara

INDONESIA